Acts and Regulations

2014, c.122 - New Brunswick Grain Act

Full text
Current to 1 January 2024
2014, c.122
New Brunswick Grain Act
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“Canadian Act” means any Act enacted before or after this Act by the Parliament of Canada with objects similar to those of this Act. (loi canadienne)
“Canadian board” means a board, agency or other body constituted under a Canadian Act before or after the enactment of this Act. (office canadien)
“Commission” means the New Brunswick Grain Commission. (Commission)
“container” includes any case, crate, barrel, bag, sack or package used for containing or transporting grain. (récipient)
“dealer” means a person who is engaged in the business of buying, receiving, storing or selling grain. (marchand)
“Department” means the Department of Agriculture, Aquaculture and Fisheries. (ministère)
“elevator” means any premises constructed for the purpose of handling and storing grain received directly from producers, otherwise than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, cleaned, dried, elevated and stored and out of which grain may be discharged. (silo)
“equipment” means any machinery, implement or other equipment used in planting, cultivating or harvesting grain. (équipement)
“feed grain” means grain that is used or intended to be used for human or animal consumption. (grain comestible)
“grain” means seed grain and feed grain and includes wheat, oats, barley, corn, rye, buckwheat, field peas, field beans, faba beans, soybeans and other grains designated by the Commission. (grain)
“inspector” means a person appointed as an inspector under subsection 3(10). (inspecteur)
“licence” means a licence issued under this Act. (permis)
“marketing” means buying, selling or offering for sale and includes advertising, financing, assembling, storing, packing, shipping and transporting in any manner by any person. (commercialisation)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries. (ministre)
“producer” means a person who grows grain. (producteur)
“provincial Act” means any Act enacted before or after this Act by any other province with objects similar to those of this Act. (loi provinciale)
“provincial board” means a board, agency or other body constituted under a provincial Act before or after the enactment of this Act. (office provincial)
“transporter” means a person who transports grain by use of any vehicle. (transporteur)
“vehicle” includes a motor vehicle, wagon, railway car, ship, boat or other vehicle in which grain can be transported. (véhicule)
1980, c.N-5.1, s.1; 1986, c.8, s.86; 1996, c.25, s.24; 2000, c.26, s.224; 2007, c.10, s.67; 2010, c.31, s.95; 2017, c.63, s.39; 2019, c.2, s.97
Purposes of Act
2The purposes of this Act are:
(a) to provide for the effective development of the grain industry of the Province;
(b) to promote, control and regulate the production and marketing of grain;
(c) to add order and stability to the grain industry of the Province; and
(d) to establish and maintain standards of quality for grain and to regulate grain handling in the Province to ensure a dependable commodity for markets.
1980, c.N-5.1, s.3
New Brunswick Grain Commission
3(1)There is established a corporation to be known as the New Brunswick Grain Commission consisting of seven members, namely, a chair, a vice-chair and five other members, appointed by the Lieutenant-Governor in Council.
3(2)The Commission shall in its membership include
(a) four members who are producers, one of whom shall be chair and one of whom shall be vice-chair,
(b) one member who is a member of the Atlantic Division of the Animal Nutrition Association of Canada (ANAC),
(c) one member who is engaged in the pedigreed seed trade, and
(d) one member who is employed within the Department.
3(3)If a person with the qualifications specified in paragraph (2)(b) or (c) is not available for appointment to the Commission, the Lieutenant-Governor in Council may appoint a producer to the Commission instead.
3(4)The members hold office during pleasure for a term of four years.
3(5)If a member is appointed to replace a member who ceases to hold office before the expiration of his or her term, the member appointed holds office for the balance of the term of the member replaced.
3(6)Four members constitute a quorum, and a vacancy on the Commission does not impair the right of the remaining members to act.
3(7)The Commission is responsible to the Minister for the administration of this Act.
3(8)The Lieutenant-Governor in Council may authorize the payment of an honorarium to members of the Commission except for the member who is employed within the Department and may fix the rate for reimbursement of expenses incurred by the members while acting on behalf of the Commission.
3(9)The Minister may appoint a person employed within the Department as secretary-manager of the Commission and may appoint other officers and provide for the employees that are necessary to enable the Commission to carry out the purposes of and to exercise its powers under this Act.
3(10)The Minister may appoint inspectors for the purposes of this Act.
1980, c.N-5.1, s.2
Validity of acts of member or officer
4The acts of a member or an officer of the Commission are valid despite any defect that may be discovered in his or her qualifications or appointment.
1980, c.N-5.1, s.18
Powers of the Commission
5(1)The Commission may
(a) investigate, arbitrate, adjudicate on, adjust or otherwise settle any dispute between producers, processors, dealers, distributors or transporters of grain, or between any two or more of those classes of persons;
(b) investigate the cost of producing, processing, distributing and transporting grain and may investigate prices, price spreads, trade practices, methods of financing, management, grading, policies and other matters relating to the marketing of grain;
(c) require persons engaged in the production or marketing of grain to register their names, addresses and occupations with the Commission;
(d) require persons engaged in the production or marketing of grain to furnish the information relating to the production or marketing of grain that the Commission requests, including the completing and filing of reports or returns on a periodic basis or otherwise;
(e) require the furnishing of security or proof of financial responsibility by any person engaged in the marketing of grain and provide for the administration and disposition of all money or securities so furnished;
(f) require all persons to obtain licences from the Commission before commencing or continuing in the production or marketing of grain;
(g) fix and collect licence fees or charges for services rendered by the Commission from all persons producing or marketing grain and for this purpose may classify persons into groups, and fix the licence fees and direct charges or either of them payable by the members of the different groups in different amounts, and may recover the licence fees and direct charges or either of them by action in a court of competent jurisdiction;
(h) cooperate and act conjointly with any Canadian board or provincial board in regulating the marketing of grain;
(i) establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and to meet the need for efficient marketing of grain;
(j) establish and apply standards and procedures regulating the production, handling, transportation and storage of grain and the equipment, vehicles and facilities used in the production, handling, transportation and storage of grain;
(k) conduct investigations and hold hearings on matters within the powers of the Commission;
(l) regulate the time and place at which, and designate the agency by or through which, grain shall be marketed;
(m) conduct a pool or pools for the distribution of money received from the sale of grain, and, after deducting all expenses, may distribute the remainder of the money so that the payment to each person entitled to share is based on the amount, class, variety and grade of the grain delivered by that person, and may make an initial payment on the grain and subsequent payments until the remainder of the money received from the sale is distributed;
(n) require the price or prices payable or owing to persons for grain to be paid to or through the Commission and may recover the price or prices by action in a court of competent jurisdiction;
(o) regulate the manner in which grain may be marketed;
(p) regulate the quality, class, variety or grade of grain that may be produced or marketed at any time and may prohibit in whole or in part the marketing of any quality, class, variety or grade of grain;
(q) inspect any container, vehicle, elevator or place where grain may be found and take a sample or samples of grain found in the container, vehicle, elevator or place;
(r) despite the Financial Administration Act, use, in paying the expenses of the Commission, any money received by the Commission;
(s) exercise any of the powers conferred on the Commission by or under any Canadian Act;
(t) establish advisory committees to advise and make recommendations to the Commission in respect of any matter in respect of which the Commission is empowered to act;
(u) determine the constitution of advisory committees established by the Commission and prescribe the practice and procedure to be followed by those committees;
(v) make by-laws not inconsistent with this Act or the regulations;
(w) exercise all of the powers that are vested in a company under subsection 14(1) of the Companies Act or that may be vested in its directors under subsection 81(1) of that Act, and in the exercise of those powers, the members of the Commission shall be deemed to be its shareholders and directors;
(x) designate additional grains to which this Act shall apply;
(y) perform the acts, make the orders and issue the directions that are necessary to carry out the powers of the Commission, to enforce the provisions of this Act and to foster the effective development of the grain industry in the Province;
(z) exempt from any order or direction of the Commission any person or class of persons engaged in the production or marketing of grain or any class, variety or grade of grain;
(aa) provide that an order or direction made or issued under this Act shall apply to the whole of the Province or to any specified area within the Province, shall relate to one or more classes, varieties or grades of grain and shall relate to all or any of the persons engaged in producing or marketing grain.
5(2)While conducting any investigation under this section, the Commission has the powers of commissioners under the Inquiries Act.
5(3)Every member of the Commission, every person employed under the Commission and every inspector shall preserve the confidentiality of all information and material, as it relates to persons, received under paragraph (1)(d) or acquired by an inspector under section 8 and shall communicate the information or material to a person only
(a) for purposes relating to the enforcement of this Act or a hearing or appeal under this Act, or
(b) on the request or with the written permission of the person to whom the matter relates.
5(4)The Minister may amend or revoke any order, direction, determination or decision of the Commission.
1980, c.N-5.1, s.4
Regulations vesting additional powers in Commission
6(1)The Lieutenant-Governor in Council may make regulations vesting in the Commission the following additional powers:
(a) to fix the price or prices, maximum price or prices, minimum price or prices, or both maximum and minimum prices at which grain or any class, variety or grade of grain may be bought or sold in the Province, and to fix different prices for different parts or areas of the Province;
(b) to market grain;
(c) to fix, impose and collect levies from persons engaged in the production or marketing of grain or any class, variety or grade of grain and for those purposes to classify those persons into groups and fix the levies payable by the members of the different groups in different amounts, and to use the levies for the purposes of the Commission, including the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of grain, and the equalization or adjustment among producers of any grain of money realized from the sale of grain during the period or periods of time that the Commission may determine;
(d) to require any person who receives grain to deduct from the money payable for the grain any levies payable to the Commission by the person from whom the person receives the grain and to forward the levies to the Commission or its agent designated for that purpose;
(e) any other powers over which the legislative jurisdiction of the Legislature extends that the Lieutenant-Governor in Council considers necessary or advisable to enable the Commission to achieve the purposes of this Act.
6(2)The Lieutenant-Governor in Council may revoke any of the powers vested in the Commission under subsection (1).
1980, c.N-5.1, s.5
Financial matters
7(1)The Commission shall maintain in its own name one or more accounts in any chartered bank designated by the Minister of Finance and Treasury Board.
7(2)Despite the Financial Administration Act, all money received by the Commission through the conduct of its operations or otherwise is to be deposited to the credit of the accounts established under subsection (1) and shall be administered by the Commission exclusively in the exercise and performance of its powers, duties and functions.
7(3)The Commission shall not make any expenditure of money or commitment for any expenditure of money to any person without the approval of the Minister.
7(4)Before borrowing money or guaranteeing the repayment of any loan, the Commission shall obtain the authorization in writing of the Minister to do so, and the authorization shall relate to a specific transaction or several transactions over a period of time not to exceed one year.
1980, c.N-5.1, s.6; 2019, c.29, s.98
Powers of inspectors
8(1)An inspector may exercise the powers of inspection contained in paragraph 5(1)(q).
8(2)An inspector may enter during normal business hours any place, other than a private dwelling place, in which the inspector has reason to believe that grain is being produced or marketed, and the inspector may inspect the premises and any grain found there and may examine and make copies of any book, record or other document kept there that, in the opinion of the inspector, may contain any information relating to grain.
1980, c.N-5.1, s.7
Inspector’s certificate of appointment
9(1)The Minister shall furnish every inspector with a certificate of his or her appointment as an inspector.
9(2)An inspector shall, on entering any place referred to in subsection 8(2) or on exercising the powers referred to in subsection 8(1), produce the certificate of his or her appointment as an inspector to the person in charge of the container, vehicle, elevator or place.
1980, c.N-5.1, s.8
Duty to assist inspector
10(1)The owner or person in charge of any place referred to in subsection 8(2) and every person found in the place, and every person in charge of a container, vehicle, elevator or place referred to in paragraph 5(1)(q), shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act and shall furnish the inspector with the information that the inspector may reasonably require.
10(2)No person shall obstruct or hinder an inspector engaged in carrying out the inspector’s duties and functions under this Act.
10(3)No person shall knowingly make a false or misleading statement, either verbally or in writing, to an inspector engaged in carrying out the inspector’s duties and functions under this Act.
1980, c.N-5.1, s.9
Licences
11(1)The Commission, by order, may refuse to grant a licence to a person producing or marketing grain if the granting of a licence to the applicant would not be conducive to the maintenance or development of an efficient and competitive grain industry.
11(2)The Commission, by order, may refuse to renew a licence that it is authorized to renew, may suspend or revoke a licence for failure to observe, perform or carry out any provision of this Act or regulations or orders under this Act, and may reinstate a licence that has been suspended or revoked.
11(3)A person whose application for the renewal of a licence is refused without a hearing shall be given an opportunity to appear before the Commission to show cause why the licence should be renewed.
11(4)On the request of an applicant or a licensee affected by a decision of the Commission under this section, reasons for the decision of the Commission shall be forwarded to the applicant or licensee without delay.
11(5)All applications for a licence shall be considered by the Commission and a decision with respect to the application made by the Commission within 60 days after receipt by it of the application.
1980, c.N-5.1, s.10
Reconsiderations by Commission
12(1)If a person is aggrieved by an order, direction, decision or determination of the Commission that person may, within seven days after receiving notice of the order, direction, decision or determination, request the Commission to reconsider its order, direction, decision or determination by serving on the Commission written notice of the person’s objection, which shall contain the reasons for the objection.
12(2)If a person is aggrieved or dissatisfied with the order, direction, decision or determination of the Commission on reconsideration under subsection (1), or if the Commission does not reconsider its order, direction, decision or determination within seven days after receiving a notice of objection under subsection (1), that person may appeal the order, direction, decision or determination to the Minister by serving on the Minister written notice of the person’s appeal, not more than 30 days after the person has notice of the original order, direction, decision or determination of the Commission.
12(3)Every notice of appeal under subsection (2) shall be accompanied by a deposit in an amount prescribed by the Lieutenant-Governor in Council and shall contain a statement of the matter being appealed and the name and address of the person making the appeal.
12(4)On receipt of a notice of appeal under subsection (2), the Minister shall notify the Commission without delay, at which point the Commission shall provide the Minister with every by-law, order or document of any kind pertaining to the matter being appealed from.
12(5)On receipt of a notice of appeal under subsection (2), the Minister shall, not more than seven days after the Minister receives the notice, serve on the person making the appeal, and on the Commission, written notice of the time and place at which the appeal is to be heard.
12(6)The Minister shall hear the appeal not more than 15 days after the Minister receives notice of appeal under subsection (2), but the Minister may, at the request of the person appealing or of the Commission, adjourn the hearing for a period of 30 days or with the consent of both the person appealing and the Commission for a further period of time that the Minister considers appropriate.
12(7)Every appeal under this section shall be open to the public unless the Minister otherwise directs.
12(8)At the hearing of an appeal, the person making the appeal has the right to attend and make representations and to adduce evidence respecting the appeal either personally or through counsel.
12(9)The Minister has in relation to the hearing or determination of any matter that the Minister may hear or determine under this Act or the regulations under this Act all of the powers and privileges that commissioners have under the Inquiries Act.
12(10)On appeal under this section, the Minister may dismiss the appeal or confirm or vary the order, direction, decision or other determination of the Commission on the terms and conditions that the Minister considers appropriate.
12(11)The Lieutenant-Governor in Council may prescribe by regulation the rules that the Lieutenant-Governor in Council considers necessary in respect of appeals under this section and the forfeiture or reimbursement of deposits.
1980, c.N-5.1, s.11
Appeals
13(1)An appeal lies from a decision of the Minister to The Court of Appeal of New Brunswick on the grounds of jurisdiction or on a question of law or mixed law and fact.
13(2)Notice of appeal shall be served on the Minister and on the other persons that the Court of Appeal directs.
13(3)On being served with notice of appeal, the Minister shall file with the Registrar of the Court of Appeal all documents in the Minister’s possession relating to the appeal, all transcripts of evidence and a copy of the reasons for the decision.
13(4)The Minister is entitled to be heard by the Court of Appeal on the appeal of any of the Minister’s decisions.
13(5)After hearing the appeal, the Court of Appeal may
(a) dismiss the appeal, or
(b) allow the appeal and
(i) set aside the decision, and
(ii) if it considers it appropriate to do so, refer the matter back to the Minister with directions.
13(6)In all other respects the appeal shall be conducted in accordance with the Rules of Court respecting appeals from The Court of King’s Bench of New Brunswick.
1980, c.N-5.1, s.12; 1985, c.4, s.48; 2023, c.17, s.170
Enforcement of order or direction
14An order or direction made or issued by the Minister or the Commission under this Act or by virtue of a power exercisable under a Canadian Act may be enforced, and the breach of an order or direction may be restrained, without proof of damage and whether or not a penalty is imposed for the breach, by action or proceedings in The Court of King’s Bench of New Brunswick.
1980, c.N-5.1, s.13; 2023, c.17, s.170
Evidence and burden of proof
15(1)The production of a purported copy of an order, direction, decision or determination of the Minister or the Commission in any court in the Province, signed by the Minister or by the chair, vice-chair or the secretary-manager of the Commission, is, without proof of the appointment, authority or signature of the person purporting to have signed it, proof, in the absence of evidence to the contrary, of the order, direction, decision or determination.
15(2)In a prosecution for an offence under this Act, it is not necessary for the informant or person prosecuting to prove that the grain in respect of which the prosecution is instituted was produced in an area to which this Act applies and, if the accused person pleads or alleges that the grain was not produced in an area to which this Act applies, the accused person has the burden of proving that.
1980, c.N-5.1, s.14; 1991, c.27, s.30
Offences and penalties
16(1)A person who violates or fails to comply with subsection 10(1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
16(2)A person who violates or fails to comply with subsection 10(2) or any order or direction made or issued under this Act commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
16(3)A person who violates or fails to comply with subsection 10(3) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
1980, c.N-5.1, s.15; 1990, c.61, s.91
Immunity
17No action shall be brought against any person who at any time has acted or purported to act, or who is acting or purporting to act, as a member of the Commission or as an inspector appointed by the Minister under subsection 3(10) for anything done by that person in good faith in the performance or intended performance of his or her duties.
1980, c.N-5.1, s.16
Publication of order or direction made by Commission
18(1)An order made or direction issued by the Commission that in the opinion of the Minister has general application shall be published once in The Royal Gazette, and the decision of the Minister as to whether an order or direction has general application is final.
18(2)The Regulations Act does not apply to an order or direction made or issued by the Commission.
18(3)An order or direction referred to in subsection (1) comes into force on the day stated in the order or direction but in no case earlier than the day the order or direction is made or issued.
18(4)Publication under subsection (1) is full and sufficient notice to all persons affected by the order or direction or affected by the making of the order or direction.
1980, c.N-5.1, s.17
Agreements with the Government of Canada
19(1)With the approval of the Lieutenant-Governor in Council, the Minister may enter into agreements with the Government of Canada providing for
(a) the performance by a Canadian board, on behalf of the Province, of any function relating to intraprovincial trade in grain in respect of which the Canadian board may exercise its powers relating to interprovincial or export trade,
(b) the performance by the Commission, on behalf of the Government of Canada, of any function relating to interprovincial or export trade in grain in respect of which the Commission may exercise its powers relating to intraprovincial trade, and
(c) any other matters relating to intraprovincial and interprovincial or export trade that may be agreed on by the Minister and the Government of Canada.
19(2)The Lieutenant-Governor in Council may authorize the Commission to perform on behalf of the Government of Canada any function relating to interprovincial or export trade in grain that is specified in an agreement entered into under subsection (1).
19(3)The Lieutenant-Governor in Council may grant authority to a Canadian board that is authorized to exercise powers of regulation in relation to interprovincial or export trade in grain to perform on behalf of the Province any function relating to intraprovincial trade that is specified in an agreement entered into under subsection (1).
19(4)The Lieutenant-Governor in Council may grant authority to a Canadian board that is authorized to exercise powers of regulation in relation to interprovincial or export trade in grain to regulate the marketing of grain within the Province and, for those purposes, to exercise any power that it may exercise in relation to the marketing of that grain as if that grain were marketed interprovincially or for export.
1980, c.N-5.1, s.19; 1991, c.27, s.30
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to June 16, 2023.