By-law no. 6
A by-law authorizing persons to exercise or perform powers, duties and functions of the Canadian Grain Commission regarding grading and inspection
Being a by-law to repeal and replace by-law No. 6 dated July 5, 2018.
BE IT ENACTED as a by-law of the Canadian Grain Commission as follows:
- Introduction - Subsection 14(3) of the Canada Grain Act (the Act) allows the Commission to authorize persons to exercise, on the Commission’s behalf, powers duties and functions under the Act other than the making of regulations, orders and by-laws.
- Delegable functions - The attached Appendix A sets out delegable functions under the Act related to grain inspection and weighing.
- Authorization - By this by-law, the Commission authorizes the person occupying each of the positions noted in the attached Appendix A, or the person carrying out those functions if the incumbent is absent, to exercise on behalf of the Commission the powers, duties and functions under the Act noted in the Appendix A.
- Entry into force - The authorization provided under paragraph 3 is effective upon the signing of this by-law by a quorum of Commissioners, and will continue until such time as it is revoked.
- Conditions - The authorization is subject to the following conditions:
- the Commission retains its discretion to exercise the powers, duties and functions set out in Appendix A, and may exercise them directly where recipients of this delegation are unavailable or where, on the basis of risk, the Director of Industry Services Division requests; and
- the exercise of this delegation by the recipients in Appendix A will follow the protocols and procedures established for that purpose.
- Delegation - This authorization cannot be further delegated.
- Counterpart - This by-law may be executed and delivered via facsimile or PDF and in any number of counterparts, each of which shall be deemed to be an original and all or which taken together shall be deemed to constitute one and the same instrument, and it shall not be necessary in making proof of this by-law to produce or account for more than one such counterpart.
ENACTED THIS day of April 29, 2022
WITNESS the Seal of the Commission.
Doug Chorney
Chief Commissioner
Patty Rosher
Assistant Chief Commissioner
Lonny McKague
Commissioner
| Function | Section of Act | Specific Wording of Section of Canada Grain Act | Delegated Position(s) |
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| Request samples of grain | 14(1)(e) |
Subject to this Act, the Commission shall, in furtherance of its objects,
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| Prepare representative grain samples | 23 | As early as possible in each crop year the Commission shall cause to be collected representative samples of the crop of western grain and the crop of eastern grain of that crop year and, from those samples and from such other samples of the stocks of grain from any previous crop year as the Commission considers to be representative of the existing stock of any grain, cause to be prepared representative samples |
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| Designate standard samples | 26 |
The Commission shall, for each crop year,
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| Approve inspection on specifications | 32(1.1) | An inspector may, with the approval of the Commission, issue an inspection certificate in prescribed form in respect of grain that has been specially binned or that is or may be marketed on the basis of its specifications rather than a grade established by regulation without assigning any grade to the grain and, in that case, shall indicate in the certificate that the grain is specially binned or, in the case of grain that is or may be marketed on the basis of its specifications, the specifications |
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| Authorize procedures for third party weighing | 69.1(3) | The third party shall weigh the grain in a manner authorized by the Commission |
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| Authorize third party inspectors / weighers | 70.2(2) | The third party is authorized by the Commission and chosen by the operator |
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| Authorize procedures for third party inspection | 70.3(3) | Unless exempted by regulation or by order of the Commission, the operator of the licensed terminal elevator discharging the grain shall cause it to be weighed or inspected, or both, by a third party authorized by the Commission and chosen by the operator if the operator of the licensed elevator destined to receive the grain so requests |
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| 70.3(4) | The third party shall weigh or inspect the grain, or do both, as the case may be, in a manner authorized by the Commission | ||
| Inspect on movement between elevators | 70.4(3) | The Commission shall examine the samples, assign a grade to the grain and determine the dockage. The Commission shall provide the operator of the licensed terminal elevator discharging the grain and the operator of the licensed elevator that agreed to receive that grain with a copy of its decision with respect to the grade and dockage |
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| Permit return of discharged grain into the elevator | 75(a) | No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission
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| Permit discharge of grain containing dockage | 75(b) |
No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission
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| Arrange inspection of infested / contaminated grain | 76(1)(b) |
If any grain in a licensed terminal elevator is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,
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| Direct treatment or disposal of infested / contaminated grain | 76(1)(c) |
If any grain in a licensed terminal elevator is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,
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| Permit mixing of infested/ contaminated grain | 76(2) | Except with the permission of the Commission, no grain in respect of which a direction has been given pursuant to subsection (1) shall thereafter be mixed with other grain |
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| Permit contracts for infested or contaminated rain | 81(4)(a) |
No licensed grain dealer shall
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