Canada Grain Act

Marginal note:Weigh-overs at terminal and transfer elevators

• 80 (1) The Commission shall weigh over the grain, grain products and screenings contained in every licensed terminal elevator and licensed transfer elevator within such intervals, or on the basis of such volume of handling of grain, as may be specified by the Commission or prescribed to determine whether there is an overage or shortage of grain, grain products or screenings in the elevator.

• Marginal note:Maximum overage to be prescribed

  (2) The Commission shall prescribe the maximum overage arising out of the operation of a licensed terminal elevator or licensed transfer elevator that may be retained in respect of any grain of any grade by the operator of the elevator.

• Marginal note:Minimum for maximum overage

  (3) The maximum overage prescribed pursuant to subsection (2) in respect of grain of any grade shall not be less than one-sixteenth of one per cent of the total quantity of grain of that grade received between consecutive weigh-overs at an elevator.

• Marginal note:Property in overage

  (4) Subject to subsection (5), where, on a weigh-over at a licensed terminal elevator or a licensed transfer elevator, it appears that the handling of grain in that elevator has resulted in an overage of grain of any grade, the grain in excess of the prescribed maximum overage shall

  • (a) [Repealed, 2011, c. 25, s. 26]

  • (b) if the grain is grain of any kind that will be marketed by a single person or agency, be the property of that person or agency, and

  • (c) if the grain is grain other than grain referred to in paragraph (b), be the property of the Commission,

  and any grain that is the property of the Commission pursuant to paragraph (c) shall be disposed of by the Commission in such manner as the Governor in Council may direct.

• Marginal note:Allowance for shortage

  (5) Where, on a weigh-over at a licensed terminal elevator or licensed transfer elevator, it appears that the handling of grain in that elevator has resulted in an overage of grain of any grade and a shortage of grain of another grade, the Commission may, before determining the amount of any overage, make an allowance for any shortage.