By-law no. 1

A by-law respecting the transaction of business and affairs of the Canadian Grain Commission

Being a by-law to repeal and replace by-law No.1 dated July 5, 2018.

BE IT ENACTED as a by-law of the Canadian Grain Commission as follows:

1. Interpretation - In this by-law and all other by-laws of the Commission, words importing the singular number only shall include the plural and vice versa; words importing persons shall include companies, corporations, partnerships and any number of aggregate persons; Act shall mean the Canada Grain Act, R.S.C., 1985, c. G-10, as amended or replaced from time to time; Commission shall mean the Canadian Grain Commission as established by the Act.
2. Seal - Pursuant to section 12(f) of the Act, the Commission designates the seal stamped and appearing as appendix A to this by-law as the Seal of the Commission.
3. Chief Commissioner - Pursuant to subsection 4(2) of the Act, the Chief Commissioner appointed pursuant to the Act has supervision over and direction of the work and staff of the Commission.
4. Assistant Chief Commissioner - Pursuant to subsection 4(3) of the Act, the Assistant Chief Commissioner may exercise all the powers and perform all of the functions of the Chief Commissioner if the office of the Chief Commissioner is vacant, or in the event of the absence (short term) or incapacity (longer term) of the Chief Commissioner.
5. Officers of the Commission - Officers of the Commission shall include the Chief Operating Officer and Directors. The Directors shall be the Chief Financial Officer, Chief Information Officer and the Directors of the divisions (Innovation & Strategy, Grain Research Laboratory, Industry Services, and Human Resources). The Officers shall also include the Chief Grain Inspector for Canada; Chief of Grain Weighing Services for Canada; Chief Audit and Evaluation Executive; Revenue Contracts and Regulatory Coordinator; and Manager, Safeguards for Grain Farmers.
6. Duties of Officers - Pursuant to paragraph 12(c) of the Act, the Commission hereby specifies the duties of the following Officers of the Commission
   1. Chief Operating Officer - shall be responsible for the overall management and coordination of the operations of the various divisions of the Commission; shall exercise those powers as may be delegated by the Commission; and carry out any other duties assigned from time to time. In the absence of all of the Commissioners, the Chief Operating Officer shall be competent to transact any of the administrative functions of the Commission as set out in the Canadian Grain Commission Delegation of the Authorities of the Chief Commissioner document;
   2. Chief Financial Officer - shall be responsible for the administration of the Finance Division; shall exercise those powers as may be delegated by the Commission; and carry out any other duties assigned from time to time;
   3. Chief Information Officer - shall be responsible for the administration of Information Management and Technology Services Division; shall exercise those powers as may be delegated by the Commission; and carry out any other duties assigned from time to time;
   4. Executive Director of Innovation & Strategy Division - shall be responsible for the administration of the Innovation & Strategy Division; shall exercise those powers as may be delegated by the Commission; and carry out any other duties assigned from time to time;
   5. Director of Industry Services Division - shall be responsible for the administration of the Industry Services Division; shall exercise those powers as may be delegated by the Commission; and carry out any other duties assigned from time to time;
   6. Director General of the Grain Research Laboratory - shall be responsible for the administration of the Grain Research Laboratory; shall exercise those powers as may be delegated by the Commission; and carry out any other duties assigned from time to time;
   7. Executive Director of Human Resources Division - shall be responsible for the administration of the Human Resources Division; shall exercise those powers as may be delegated by the Commission; and carry out other duties assigned from time to time;
   8. Chief Grain Inspector for Canada - shall be responsible, under the direction of the Director of Industry Services Division, for exercising the powers and fulfilling the responsibilities of the Chief Grain Inspector outlined in the Act and Regulations; and carry out any other duties assigned from time to time;
   9. Chief of Grain Weighing Services for Canada - shall, under the direction of the Director of Industry Services Division, exercise the powers and fulfill the responsibilities as outlined in the Act and Regulations relating to official weighing; and carry out any other duties assigned from time to time;
   10. Chief Audit and Evaluation Executive - shall be responsible for the Internal Audit and Program Evaluation functions; shall exercise those powers as may be delegated by the Commission; and carry out any other duties as may be assigned from time to time;
   11. Revenue Contracts and Regulatory Coordinator - shall be responsible for policy and procedure regarding revenue and intellectual property contracts, as well as coordinating changes to the Act, Regulations, Orders of the Commission and completing regulatory requirements; and shall carry out any other duties assigned from time to time;
   12. Manager, Safeguards for Grain Farmers - shall, under the direction of the Director of Industry Services Division, be responsible for:
       1. overseeing the issuance of licenses to elevator operators and grain dealers, including, but without restricting the generality thereof, setting of terms and conditions thereon, determining security and insurance requirements of such licenses, and enforcing the provisions of the Act and Regulations prescribed thereunder in respect of licensing;
       2. overseeing the conducting of audits and financial reviews of licensees and prospective licensees, the conducting of on-site compliance and substantive audits at licensees’ premises and enforcing the provisions of the Act and Regulations prescribed there under in respect of auditing;
       3. overseeing the administration and processing of producer car applications and matters relating to the Producer Car Program; and
       4. carrying out any other duties as may be delegated by the Commission or otherwise assigned from time to time.
7. Meetings of Commissioners:
   1. Meetings of the Commissioners shall be held at such time or place as the Chief Commissioner may determine, or in the absence of the Chief Commissioner, as the Assistant Chief Commissioner may determine.
   2. Notice of meetings - Notice of every meeting will normally be given to each Commissioner not less than forty-eight (48) hours before the time when the meeting is to be held, and such notice shall include details of the subject matter of the meeting. However, no notice will be required if all the Commissioners are present, or if those absent waive notice of, or otherwise consent to the holding of the meeting.
   3. Regulation of proceedings - The regulation of proceedings at every meeting shall be determined by the Chairperson of the meeting, who shall be the Chief Commissioner or, in the Chief Commissioner’s absence, the Assistant Chief Commissioner.
   4. Quorum - Two (2) Commissioners constitutes a quorum of the Commissioners. At any meeting, the decision or Order of the majority of the Commissioners present at the meeting constitutes the decision or Order of the Commission.
8. Departmental Audit Committee:
   1. The Departmental Audit Committee is advisory to the Chief Commissioner. The Committee provides objective advice and recommendations to the Chief Commissioner on the sufficiency, quality and results of internal audit engagements on the adequacy and functioning of the department’s risk management, control, and governance frameworks and processes. The Departmental Audit Committee also provides advice and recommendations on core areas of Canadian Grain Commission management, control and accountability, including financial reporting and other disclosures, and other topics as may be requested by the Chief Commissioner.
   2. Responsibilities - The Departmental Audit Committee’s responsibilities are defined in its Charter, which is updated annually, and complies with the Treasury Board Policy on Internal Audit.
   3. Members of the Departmental Audit Committee - The Departmental Audit Committee shall be composed of three to five members including the Chief Commissioner as voting ex-officio member. A majority of Departmental Audit Committee members, including chairpersons, must be external members recruited from outside the federal public administration. External members and chairpersons are jointly recommended by the Chief Commissioner and the Comptroller-General of Canada for appointment by Treasury Board.
   4. Meetings - Meetings shall be held at such time and place as the chairperson may determine.
   5. Quorum - The quorum for every meeting shall be a majority of the committee members.
9. Counterpart:
   1. This by-law may be executed and delivered via facsimile or PDF and in any number of counterparts, each of which shall be deemed to be an original and all or which taken together shall be deemed to constitute one and the same instrument, and it shall not be necessary in making proof of this by-law to produce or account for more than one such counterpart.

ENACTED THIS day of April 29, 2022

WITNESS the Seal of the Commission.

Doug Chorney
Chief Commissioner

Patty Rosher
Assistant Chief Commissioner

Lonny McKague
Commissioner

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Date modified:

2022-04-26