G-1.1 - Grain Act

Full text
chapter G-1.1
Grain Act
GRAINNovember 5 1999November 5 1999
Repealed, 1999, c. 50, s. 1.
1999, c. 50, s. 1.
DIVISION I
(Repealed).
1999, c. 50, s. 1.
1. (Repealed).
1979, c. 84, s. 1; 1979, c. 77, s. 21; 1987, c. 35, s. 1; 1990, c. 13, s. 217; 1999, c. 40, s. 143; 1999, c. 50, s. 1.
DIVISION II
(Repealed).
1987, c. 35, s. 2; 1999, c. 50, s. 1.
2. (Repealed).
1979, c. 84, s. 2; 1987, c. 35, s. 3.
3. (Repealed).
1979, c. 84, s. 3; 1979, c. 77, s. 21; 1999, c. 50, s. 1.
4. (Repealed).
1979, c. 84, s. 4; 1999, c. 50, s. 1.
5. (Repealed).
1979, c. 84, s. 5; 1987, c. 35, s. 4.
6. (Repealed).
1979, c. 84, s. 6; 1987, c. 35, s. 4.
7. (Repealed).
1979, c. 84, s. 7; 1987, c. 35, s. 4.
8. (Repealed).
1979, c. 84, s. 8; 1987, c. 35, s. 4.
9. (Repealed).
1979, c. 84, s. 9; 1987, c. 35, s. 4.
10. (Repealed).
1979, c. 84, s. 10; 1987, c. 35, s. 4.
11. (Repealed).
1979, c. 84, s. 11; 1987, c. 35, s. 4.
12. (Repealed).
1979, c. 84, s. 12; 1987, c. 35, s. 4.
13. (Repealed).
1979, c. 84, s. 13; 1987, c. 35, s. 4.
14. (Repealed).
1979, c. 84, s. 14; 1983, c. 55, s. 161; 1987, c. 35, s. 4.
15. (Repealed).
1979, c. 84, s. 15; 1987, c. 35, s. 4.
16. (Repealed).
1979, c. 84, s. 16; 1987, c. 35, s. 4.
17. (Repealed).
1979, c. 84, s. 17; 1987, c. 35, s. 4.
18. (Repealed).
1979, c. 84, s. 18; 1987, c. 35, s. 4.
19. (Repealed).
1979, c. 84, s. 19; 1987, c. 35, s. 4.
20. (Repealed).
1979, c. 84, s. 20; 1987, c. 35, s. 4.
21. (Repealed).
1979, c. 84, s. 21; 1979, c. 77, s. 21; 1987, c. 35, s. 4.
22. (Repealed).
1979, c. 84, s. 22; 1987, c. 35, s. 4.
23. In a dispute concerning the grading of grain, the board or a person that it authorizes may, at the request of any interested person and in return for payment of the fee fixed by regulation, grade the grain and issue a grade certificate in accordance with the standards and modalities prescribed by regulation.
The board may proceed in the same manner at any other time if it has the necessary resources available.
1979, c. 84, s. 23; 1983, c. 11, s. 1.
DIVISION III
PERMITS
24. Upon payment of the fees and on the conditions prescribed by this act and the regulations, the board shall grant a permit to a grain dealer, and to the person operating a regional centre or a drying centre.
1979, c. 84, s. 24.
25. Every grain dealer and every operator of a regional centre or drying centre, if he wishes to use, in his activities, a grade name prescribed by regulation in respect of a grade of grain, must hold a permit authorizing him to use that grade name.
The holder of a permit may acquire or, as the case may be, receive in the establishment contemplated in the permit only graded grain or grain intended to be graded in conformity with this Act or the regulations or in conformity with the Canada Grain Act (Revised Statutes of Canada, 1985, chapter G-10) and the regulations.
1979, c. 84, s. 25.
DIVISION IV
ISSUANCE OF PERMITS
26. Every person wishing to obtain a permit shall apply therefor to the board in the form and with the documents prescribed by this Act and the regulations.
The application must be accompanied with a deposit, proof of solvency, security or a proof of liability insurance, for such amount and on such terms and conditions as may be prescribed by regulation.
The members of the personnel of the board must provide assistance for the drafting of an application for a permit to every person who requests it.
1979, c. 84, s. 26; 1987, c. 35, s. 5.
27. The application for a permit must be made by the person who intends to operate it. If the applicant is a legal person or a partnership, the application must be made by a director duly commissioned or by one of the partners.
1979, c. 84, s. 27; 1999, c. 40, s. 143.
28. The board shall issue the permit in the applicant’s name; it may subject the permit to any restriction, established by regulation, that it enters on the permit.
The board may, upon request, issue a duplicate of the permit.
1979, c. 84, s. 28; 1987, c. 35, s. 6.
29. Before refusing to issue a permit, the board must notify the applicant in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the applicant at least 10 days to present observations.
A certified true copy of the substantiated decision of the board must be sent to the person concerned by registered or certified mail.
1979, c. 84, s. 29; 1997, c. 43, s. 299.
30. A permit is valid for one year and it may be renewed. The board may, however, issue a permit for a shorter period if it considers it required in the public interest.
1979, c. 84, s. 30.
DIVISION V
OBLIGATIONS OF PERMIT HOLDERS
31. A permit holder must have an establishment in Québec.
He must keep, at his establishment, the registers, accounts, books and records prescribed by this act and the regulations.
1979, c. 84, s. 31.
32. A permit holder must, within thirty days, notify the board of a change of address, of name or of corporate name.
1979, c. 84, s. 32.
33. No permit may be operated by a person other than the holder of the permit.
1979, c. 84, s. 33.
34. The board may, on payment of the fees exigible and on the conditions prescribed by this act and the regulations, temporarily authorize a person other than the permit holder to operate the permit if that person is the testamentary executor of the permit holder, a trustee in bankruptcy, a judicial or conventional sequestrator or a trustee who temporarily administers an establishment where the permit is operated.
Such a permit may be renewed for such period as may be fixed by the board.
1979, c. 84, s. 34.
35. The holder of an authorization to operate a permit temporarily is deemed to be the holder of the permit.
1979, c. 84, s. 35.
36. A person who operates a warehouse where graded grain is stored must, at all times, be able to deliver to the producer, a quantity of grain of each kind at least equal to the quantity he has received for storage and which remains the property of the producer.
1979, c. 84, s. 36.
37. A permit holder shall not assign to a grade of grain any grade name except that prescribed by regulation.
1979, c. 84, s. 37.
38. If a permit holder ceases his activities, he must return his permit to the board as soon as possible.
1979, c. 84, s. 38.
DIVISION VI
CANCELLATION AND SUSPENSION OF PERMITS
39. The board may suspend, revoke or refuse to renew, for a fixed period, the permit of every holder who
(1)  no longer fulfils the conditions governing the issue of a permit determined in the Act or in a by-law made pursuant to section 58;
(2)  has been found guilty of an offence under any provision of the Act relating directly to the activity authorized by the permit, or of a by-law made pursuant to section 58;
(3)  does not comply with a restriction contained in the permit.
1979, c. 84, s. 39; 1987, c. 35, s. 7; 1990, c. 13, s. 206.
40. The board, before declaring a permit cancelled or suspended, must notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.
A certified true copy of the substantiated decision of the board must be sent to the person concerned by registered or certified mail.
1979, c. 84, s. 40; 1997, c. 43, s. 300.
DIVISION VII
POSTING OF CHARGES
41. Every person providing a producer with services for the storing, turning, drying, screening, grading or handling of grain, whether or not he holds a permit contemplated in this act, must post up, in public view, on the premises where he operates his undertaking, his charge for each service he performs.
1979, c. 84, s. 41.
42. Every person contemplated in section 41 must also file with the board the list of the charges and any change made to them within fifteen days of their adoption or of the change.
1979, c. 84, s. 42.
DIVISION VIII
INVESTIGATION AND INSPECTION
43. A commissioner or a person generally or specially authorized by the board may
(1)  enter the establishment of a permit holder during business hours and make an inspection of the premises; he may, in particular, examine the products found there, take samples, examine the registers or other documents and take extracts therefrom or make copies thereof;
(2)  order a motor vehicle or other means of transportation to stop if he has reasonable cause to believe there is grain in the vehicle, board the vehicle and inspect the grain;
(3)  require any information relating to the application of this act and the regulations and the production of any document connected therewith.
1979, c. 84, s. 43.
44. The board may require a permit holder to file within such time and for such period as it may indicate, a written report of his activities; the board must then indicate the nature of the investigation in progress or of the complaint filed.
1979, c. 84, s. 44.
45. In the absence of any evidence to the contrary, every person having possession of a quantity of grain in excess of the needs of his own consumption is presumed to intend it for sale.
1979, c. 84, s. 45; 1986, c. 95, s. 143.
46. The board or a person it authorizes may, after an inspection, issue an inspection certificate in accordance with the terms and conditions prescribed by regulation; the holder of the inspection certificate must return it to the board if the certified grain subsequently becomes spoiled.
The board may then order the grain replaced.
1979, c. 84, s. 46.
47. No person may hinder the actions of a commissioner or of a person authorized by the board in the exercise of his functions, mislead him by concealment of false declarations, refuse to furnish information or a document he is entitled to require or examine pursuant to this act, or conceal or destroy a document or property relevant to the investigation.
1979, c. 84, s. 47.
48. A commissioner or a person generally or specially authorized by the board is vested, to inquire into any fact relating to the application of this act and the regulations, with the powers and immunity granted to commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.
1979, c. 84, s. 48.
49. A person authorized by the board to make an investigation or inspection must, if required, produce the authorization he holds for that purpose.
1979, c. 84, s. 49.
DIVISION VIII.1
PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC
1997, c. 43, s. 301.
49.1. Any person to whom the board, under section 29, refuses to issue a permit, and any permit holder whose permit, under section 39, is suspended or revoked or the renewal of whose permit is refused by the board, may contest such a decision before the Administrative Tribunal of Québec within 30 days of notification of the decision.
1997, c. 43, s. 301.
DIVISION IX
Repealed, 1990, c. 13, s. 207
1990, c. 13, s. 207.
50. (Repealed).
1979, c. 84, s. 50; 1988, c. 21, s. 66; 1990, c. 13, s. 207.
51. (Repealed).
1979, c. 84, s. 51; 1988, c. 21, s. 66; 1990, c. 13, s. 207.
52. (Repealed).
1979, c. 84, s. 52; 1990, c. 13, s. 207.
53. (Repealed).
1979, c. 84, s. 53; 1990, c. 13, s. 207.
54. (Repealed).
1979, c. 84, s. 54; 1990, c. 13, s. 207.
55. (Repealed).
1979, c. 84, s. 55; 1990, c. 13, s. 207.
56. (Repealed).
1979, c. 84, s. 56; 1990, c. 13, s. 207.
57. (Repealed).
1979, c. 84, s. 57; 1990, c. 13, s. 207.
DIVISION X
REGULATION
58. The board may, by regulation,
(1)  designate a substance as grain;
(2)  establish grades of grain and determine the characteristics, qualities and names corresponding to these grades;
(3)  prescribe standards relating to the preservation, handling, storage, drying and screening of graded grain or grain intended to be graded;
(4)  determine the conditions on which the holder of a regional centre permit may receive, from a producer, graded grain or grain intended to be graded for storage purposes, and the form and tenor of the document evidencing that delivery;
(5)  determine the qualifications required of a person applying for a permit, or in the case provided for in section 34, the transfer of a permit, the requirements he must meet, the information and documents he must furnish and the fees he must pay;
(6)  establish the restrictions which may be set forth on a permit;
(7)  prescribe the registers, accounts, books and records that a permit holder must keep at his establishment and determine the rules relating to the keeping of such documents;
(7.1)  prescribe the reports, registers or other documents that a permit holder must transmit to the board;
(7.2)  prescribe the charts or other documents that a permit holder must post up in public view in his establishment, and their form and content;
(8)  determine the form and tenor of the report that it may require from a permit holder under section 44;
(9)  determine the form and tenor of permits and prescribe any form intended to facilitate the application of this Act and the regulations;
(10)  prescribe the amount and the terms and conditions of the deposit, proof of solvency, security or proof of liability insurance that a person applying for a permit must furnish and determine the cases where they may be utilized, and the manner in which it may dispose of them;
(11)  (paragraph repealed);
(12)  prescribe the qualifications required of a person assigned to the grading of grain on behalf of a permit holder;
(13)  prescribe standards on the grading of grain and the modalities of sampling grain for grading;
(14)  prescribe the terms and conditions of the issuance of grade certificates by the board;
(15)  determine the place where grain is inspected and where the inspection certificate is issued by the board;
(16)  establish the amount and modalities of payment of fees provided for in section 23;
(17)  determine cases where persons are exempted from payment of the fees.
1979, c. 84, s. 58; 1983, c. 11, s. 2; 1987, c. 35, s. 8.
59. (Repealed).
1979, c. 84, s. 59; 1990, c. 13, s. 208.
DIVISION XI
PENAL PROVISIONS
1992, c. 61, s. 321.
60. Every person who
(1)  makes a false declaration in an application for a permit or
(2)  acts in contravention to this act or the regulations
is guilty of an offence.
1979, c. 84, s. 60.
61. Every natural person who is convicted of an offence under this Act or the regulations is liable
(1)  for a first offence, to a fine of $175 to $700;
(2)  for a second or subsequent conviction, to a fine of $325 to $1 400.
Any legal person convicted of an offence under this Act or the regulations is liable to twice the minimum fine and maximum fine provided in the first paragraph.
1979, c. 84, s. 61; 1986, c. 58, s. 42; 1990, c. 4, s. 443; 1991, c. 33, s. 56; 1999, c. 40, s. 143.
62. If a legal person is guilty of an offence against this Act or the regulations, every director or representative of that legal person who was aware of the offence is deemed a party to the offence and is liable to the penalty provided in the first paragraph of section 61 unless he establishes, to the satisfaction of the court, that he did not acquiesce in the commission of the offence.
1979, c. 84, s. 62; 1999, c. 40, s. 143.
63. Every person who does or omits to do a thing with the object of aiding a person to commit an offence against this act or the regulations, or who advises, encourages or incites a person to commit an offence, is himself a party to the offence and is liable to the same penalty.
1979, c. 84, s. 63.
64. (Repealed).
1979, c. 84, s. 64; 1990, c. 4, s. 444; 1992, c. 61, s. 322.
DIVISION XII
FINAL PROVISIONS
65. The sums required for the application of this act are taken for the fiscal periods 1979-1980 and 1980-1981 out of the consolidated revenue fund and, for subsequent fiscal periods, out of the sums granted annually for that purpose by the Legislature.
1979, c. 84, s. 65.
66. The Minister of Agriculture, Fisheries and Food is responsible for the application of this act.
1979, c. 84, s. 66; 1979, c. 77, s. 21.
67. (Omitted).
1979, c. 84, s. 67.
68. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 84 of the statutes of 1979, in force on 31 December 1981, is repealed, except section 67, effective from the coming into force of chapter G-1.1 of the Revised Statutes.