McCrea Acres Ltd. – Zenon Park, Saskatchewan

Order number 2023-35

Introduction:

  1. Section 44 of the Canada Grain Act (“the Act”) prohibits operation of elevators without a licence, unless the elevator is exempted by the Canadian Grain Commission (the “Commission”).
  2. The Commission has authority under paragraph 117(b) of the Act to make orders exempting elevators or operations from licensing or any other requirements of the Act or Canada Grain Regulations.
  3. McCrea Acres Ltd. has requested an exemption from the licensing requirements of the Act, because the facility is used solely to handle grain received for discharge to a producer railway car and is not involved in the purchase or sale of grain from a producer.
  4. The Commission is of the opinion that the control of McCrea Acres Ltd.’s facility is not essential for maintaining the quality, safekeeping and orderly and efficient handling of grain in Canada.
  5. The decision in respect of this order was made at a meeting of quorum of the Commission on May 10, 2023. Two of three Commissioners constitutes a quorum of the Commission.

The Commission makes the following order:

  1. The facility located at Zenon Park, Saskatchewan, operated by McCrea Acres Ltd., is exempted from the requirement to be licensed under the Act.

The order is subject to the following conditions:

  1. The facility will handle only grain received for discharge to a producer railway car allocated by the Commission in respect of a producer railway car application made pursuant to the Act.
  2. The operator of the facility will not buy grain from producers and will not assume obligations to producers for payment of money in respect of grain.
  3. The facility will not discharge grain to railway cars other than producer railway cars allocated by the Commission in respect of a producer railway car application pursuant to the Act.
  4. This Order does not limit the powers of inspectors under subsection 88(1) of the Act to enter the facility, examine the premises, and examine any books and records.
  5. The operator of the facility will post a notice in a conspicuous place in the facility advising producers that the facility is not licensed.

This order comes into effect on the later of the crop year commencing August 1, 2023, or the signing date, and is in effect until July 31, 2024, unless amended or revoked earlier.

This order 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 of which taken together shall be deemed to constitute one and the same instrument, and it shall not be necessary in making proof of this order to produce or account for more than one such counterpart.

Doug Chorney
Chief Commissioner

Patty Rosher
Assistant Chief Commissioner

Lonny McKague
Commissioner

Signed on: May 10, 2023