Acts and Regulations

N-5.1 - New Brunswick Grain Act

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Repealed on 10 February 2015
CHAPTER N-5.1
New Brunswick Grain Act
Assented to July 16, 1980
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2014, Schedule A.
Definitions
1In this Act,
“Canadian Act” means any Act heretofore or hereafter enacted by the Parliament of Canada with objects similar to those of this Act;(loi du Canada)
“Canadian board” means any board, agency or other body now or hereafter constituted under any Canadian 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;(élévateur)
“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;(grains comestibles)
“grain” means seed grain and feed grain and includes wheat, oats, barley, corn, rye, buckwheat, field peas, field beans, fababeans, soybeans, and other grains designated by the Commission;(grain)
“inspector” means a person appointed as an inspector under subsection 2(11);(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 heretofore or hereafter enacted by any other province with objects similar to those of this Act;(loi provinciale)
“provincial board” means a board, agency or other body now or hereafter constituted under a provincial 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)
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
New Brunswick Grain Commission
2(1)There shall be a corporation to be known as the New Brunswick Grain Commission consisting of seven members, namely, a chairman, a vice-chairman, and five other members, appointed by the Lieutenant-Governor in Council.
2(2)The Commission shall in its membership include
(a) four members who are producers, one of whom shall be chairman and one of whom shall be vice-chairman,
(b) one member who is a member of the Atlantic Division of the Canadian Feed Industry Association,
(c) one member who is engaged in the pedigreed seed trade, and
(d) one member who is employed within the Department.
2(3)Where a person with the qualifications prescribed 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 in his stead.
2(4)The members hold office during pleasure for a term of four years.
2(5)Notwithstanding subsection (4), the first members of the Commission hold office during pleasure as follows:
(a) the chairman and one other producer member for a term of two years,
(b) the member engaged in the pedigreed seed trade for a term of two years,
(c) the remaining members for a term of four years.
2(6)Where a member is appointed to replace a member who ceases to hold office before the expiration of his term, the member appointed holds office for the balance of the term of the member replaced.
2(7)Four members constitute a quorum and a vacancy on the Commission does not impair the right of the remaining members to act.
2(8)The Commission is responsible to the Minister for the administration of this Act.
2(9)The Lieutenant-Governor in Council may, except for the member who is employed within the Department, authorize the payment of an honorarium to members of the Commission and may fix the rate for reimbursement of expenses incurred by the members while acting on behalf of the Commission.
2(10)The Minister may appoint a person employed within the Department as secretary-manager of the Commission, and may appoint such other officers and provide for such employees as are necessary to enable the Commission to carry out the purposes of and to exercise its powers under this Act.
2(11)The Minister may appoint inspectors for the purposes of this Act.
PURPOSES OF THE ACT
Purposes of Act
3The purposes of this Act are:
(a) to provide for the effective development of New Brunswick’s grain industry;
(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.
POWERS OF THE COMMISSION
Powers of the Commission
4(1)The Commission may
(a) investigate, arbitrate, adjudicate upon, adjust or otherwise settle any dispute between producers, processors, dealers, distributors or transporters of grain, or between any two or more of such 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 such information relating to the production or marketing of grain, including the completing and filing of reports or returns on a periodic basis or otherwise, as the Commission requests;
(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 any and all persons before commencing or continuing in the production or marketing of grain to obtain licences from the Commission;
(g) fix and collect licence fees or charges for services rendered by the Commission from any and all persons producing or marketing grain and for this purpose may classify such 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 any such licence fees and direct charges or either of them by suit in any court of competent jurisdiction;
(h) co-operate 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 therein;
(k) conduct investigations and hold hearings on matters within the powers of the Commission;
(l) regulate the time and place at which, and may 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 him, 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 such price or prices by suit 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 therein;
(r) notwithstanding 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 upon the Commission by or pursuant to 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 such 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 such powers the members of the Commission shall be deemed to be the shareholders and directors thereof;
(x) designate additional grains to which this Act shall apply;
(y) do such acts, make such orders and issue such directions as 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 New Brunswick;
(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 thereof;
(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.
4(2)The Commission, while conducting any investigation pursuant to this section, has the powers of commissioners under the Inquiries Act.
4(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 7, and shall communicate any such information or material to any person only
(a) for purposes relating to the enforcement of this Act or a hearing or appeal hereunder, or
(b) upon the request or with the written permission of the person to whom the matter relates.
4(4)The Minister may amend or revoke any order, direction, determination or decision of the Commission.
Regulations vesting additional powers in Commission
5(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 thereof 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 thereof and for such purposes to classify such persons into groups and fix the levies payable by the members of the different groups in different amounts, and to use such 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 any such grain, and the equalization or adjustment among producers of any grain of money realized from the sale thereof during such period or periods of time as 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 he receives the grain and to forward such 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 he considers necessary or advisable to enable the Commission to achieve the purposes of this Act.
5(2)The Lieutenant-Governor in Council may revoke any of the powers vested in the Commission under subsection (1).
Maintaining of accounts
6(1)The Commission shall maintain in its own name one or more accounts in any chartered bank designated by the Minister of Finance.
6(2)Notwithstanding 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 pursuant to subsection (1) and shall be administered by the Commission exclusively in the exercise and performance of its powers, duties and functions.
6(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.
6(4)The Commission, before borrowing money or guaranteeing the repayment of any loan, shall obtain the authorization in writing of the Minister to do so, and such authorization shall relate to a specific transaction or several transactions over a period of time not to exceed one year.
INSPECTIONS
Powers of Inspectors
7(1)An inspector may exercise the powers of inspection contained in paragraph 4(1)(q).
7(2)An inspector may enter during normal business hours any place, other than a private dwelling place, in which he has reason to believe that grain is being produced or marketed, and he 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 his opinion, may contain any information relating to grain.
Inspector’s certificate of appointment
8(1)The Minister shall furnish every inspector with a certificate of his appointment as an inspector.
8(2)An inspector shall, on entering any place referred to in subsection 7(2) or on exercising the powers referred to in subsection 7(1), produce the certificate of his appointment as an inspector to the person in charge of the vehicle, container, elevator or place.
Duty to assist inspector
9(1)The owner or person in charge of any place referred to in subsection 7(2) and every person found therein, and every person in charge of a vehicle, container, elevator or place referred to in paragraph 4(1)(q), shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish him with such information as he may reasonably require.
9(2)No person shall obstruct or hinder an inspector engaged in carrying out his duties and functions under this Act.
9(3)No person shall knowingly make a false or misleading statement, either verbally or in writing, to an inspector engaged in carrying out his duties and functions under this Act.
LICENCES
Licences
10(1)The Commission may by order refuse to grant a licence to a person producing or marketing grain where the granting of a licence to the applicant would not be conducive to the maintenance or development of an efficient and competitive grain industry.
10(2)The Commission by order may refuse to renew any licence that it is authorized to renew, may suspend or revoke any 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.
10(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 such licence should be renewed.
10(4)Upon 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 forthwith.
10(5)All applications for a licence shall be considered by the Commission and a decision with respect thereto made by the Commission within sixty days of receipt by it of the application.
RECONSIDERATION AND APPEALS
Reconsiderations by Commission
11(1)Where any person is aggrieved by any order, direction, decision or determination of the Commission he 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 upon the Commission written notice of his objection which shall contain the reasons for the objection.
11(2)Where any 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 of receiving a notice of objection under subsection (1), he may appeal the order, direction, decision or determination to the Minister by serving upon him, not more than thirty days after he has notice of the original order, direction, decision or determination of the Commission, written notice of his appeal.
11(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.
11(4)Upon receipt of a notice of appeal under subsection (2), the Minister shall forthwith notify the Commission and the Commission shall thereupon provide the Minister with every by-law, order or document of any kind whatsoever pertaining to the matter being appealed from.
11(5)Upon receipt of a notice of appeal under subsection (2), the Minister shall, not more than seven days after he receives the notice, serve upon the person making the appeal, and upon the Commission, written notice of the time and place at which the appeal is to be heard.
11(6)The Minister shall hear the appeal not more than fifteen days after he receives notice of appeal under subsection (2), but he may, at the request of the person appealing or of the Commission, adjourn the hearing for a period of thirty days or with the consent of both the person appealing and the Commission for such further period of time as he considers appropriate.
11(7)Every appeal under this section shall be open to the public unless the Minister otherwise directs.
11(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 by himself or through counsel.
11(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.
11(10)The Minister may, on appeal under this section, dismiss the appeal or confirm or vary the order, direction, decision or other determination of the Commission on such terms and conditions as he considers appropriate.
11(11)The Lieutenant-Governor in Council may, by regulation, prescribe such rules as he considers necessary in respect of appeals under this section and the forfeiture or reimbursement of deposits.
Appeals
12(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.
12(2)Notice of appeal shall be served upon the Minister and upon such other persons as the Court of Appeal directs.
12(3)Upon being served with notice of appeal, the Minister shall file with the Registrar of the Court of Appeal all documents in his possession relating to the appeal, all transcripts of evidence and a copy of the reasons for the decision.
12(4)The Minister is entitled to be heard by the Court of Appeal upon the appeal of any of his decisions.
12(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) where it considers it appropriate to do so, refer the matter back to the Minister with directions.
12(6)In all other respects the appeal shall be conducted in accordance with the Rules of Court respecting appeals from The Court of Queen’s Bench of New Brunswick.
1985, c.4, s.48
ENFORCEMENT
Enforcement of order or direction
13An 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 such breach, by action or proceedings in The Court of Queen’s Bench of New Brunswick.
Order, direction, decision or determination as evidence
14(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 chairman, vice-chairman or the secretary-manager of the Commission, is, without proof of the signature or official position of the person purporting to have signed it, prima facie proof of the order, direction, decision or determination.
Burden of proof
14(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 such an area, the burden of proof thereof shall be upon the accused person.
1991, c.27, s.30
Offences and penalties
15(1)A person who violates or fails to comply with subsection 9(1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
15(2)A person who violates or fails to comply with subsection 9(2) or any order or direction made or issued under this Act commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
15(3)A person who violates or fails to comply with subsection 9(3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1990, c.61, s.91
Protection when acting in good faith
16No 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 2(11) for anything done by him in good faith in the performance or intended performance of his duties.
MISCELLANEOUS
Publication of order or direction made by Commission
17(1)Any 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 any order or direction has general application is final.
17(2)The Regulations Act does not apply to an order or direction made or issued by the Commission.
17(3)An order or direction referred to in subsection (1) comes into force on the day stated therein but in no case earlier than the day the order or direction is made or issued.
17(4)Publication pursuant to subsection (1) is full and sufficient notice to all persons affected by the order or direction or by the making thereof.
Validity of acts of member or officer
18The acts of a member or an officer of the Commission are valid notwithstanding any defect that may be discovered in his qualifications or appointment.
Agreements with the Government of Canada
19(1)The Minister may, with the approval of the Lieutenant-Governor in Council, 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) such other matters relating to intraprovincial and interprovincial or export trade as may be agreed upon 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 New Brunswick and, for such purposes, to exercise any power that it may exercise in relation to the marketing of such grain as if that grain were marketed interprovincially or for export.
1991, c.27, s.30
Commencement
20This Act or any provision thereof comes into force on a day to be fixed by proclamation.
N.B. Section 2 of this Act was proclaimed and came into force on May 1, 1981.
N.B. This Act, except for section 2, was proclaimed and came into force on July 9, 1981.
N.B. This Act is consolidated to February 9, 2015.