Canada Grain Act

Marginal note:Inspection by operator

• 70 (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall inspect the grain received into the elevator in a manner authorized by the Commission.

• Marginal note:Inspection by third party

  (2) Unless exempted by regulation or by order of the Commission, the operator shall cause the grain to be inspected by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.

• Marginal note:Third party authorized

  (3) The third party shall inspect the grain in a manner authorized by the Commission.

• Marginal note:Access

  (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to inspect the grain.

• Marginal note:Disagreement — application for reinspection

  (5) If there is any disagreement following an inspection under this section between the operator and the person who caused the grain to be delivered as to the grain’s grade or the dockage, either of them may, in the prescribed manner and within the prescribed time, apply to the chief grain inspector for Canada for a reinspection of the grain. If an application is made, the operator shall forward all samples of grain taken as part of the inspection, or a prescribed portion of them, to the chief grain inspector for Canada within the prescribed time.

• Marginal note:Reinspection

  (6) The chief grain inspector for Canada shall examine the samples of grain, or the portion of them, assign a grade to the grain and determine the dockage. The chief grain inspector for Canada shall provide the operator and the person who caused the grain to be delivered with a copy of his or her decision with respect to the grade and dockage.

• Marginal note:Document revised if grade changed

  (7) If the grade assigned to the grain is different from the grade previously assigned to it, the chief grain inspector for Canada shall require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.

• Marginal note:Application to entire parcel of grain

  (8) The decision of the chief grain inspector for Canada applies to the entire parcel of grain to which the samples relate.

• Marginal note:Determination final

  (9) The decision of the chief grain inspector for Canada is final and conclusive and not subject to appeal to or review by any court.

• Marginal note:Delegation

  (10) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under this section.