Acts and Regulations

2014, c.122 - New Brunswick Grain Act

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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