Pound-Maker Agventures Ltd., Lanigan, Saskatchewan
Order number 2023-44
- 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”).
- The Commission has authority, under paragraph 117(b) of the Act to make orders exempting a particular elevator from licencing requirements of the Act, and to fix such conditions on such an exemption.
- Pound-Maker Agventures Ltd. has been licensed by the Commission as an operator of a Process Elevator in Lanigan, SK since October 3, 2006.
- Pound-Maker Agventures Ltd. operates an integrated ethanol plant and large-scale cattle feeding lot. It purchases western grain for its operations, including barley used for cattle feed and wheat used for ethanol production.
- Pound-Maker Agventures Ltd. has requested an exemption by order for their feedlot operations as their feedlot operations do not require regulation for maintaining the quality, safekeeping and orderly and efficient handling of grain in Canada.
- In the circumstances, the Commission is of the view that the following order is necessary in the interests of holders of grain receipts and cash purchase tickets to whom Pound-Maker Agventures Ltd. may have obligations, and the Commission is satisfied that control over the feedlot operations is not essential for maintaining the quality, safekeeping and orderly and efficient handling of grain in Canada.
- The decision in respect of this order was made at meetings of a quorum of the Commission on May 10, 2023. Two of three Commissioners constitutes a quorum of the Commission.
The Commission makes the following order:
- Pound-Maker Agventures Ltd. is exempted from licensing requirements under the Act for its feedlot operations.
- This exemption is subject to the conditions that Pound-Maker Agventures Ltd. must:
- reapply for exemption annually, no less than 30 days before the start of each crop year, and provide information to the Commission indicating any changes in its mode of operations;
- keep its ethanol operations, and grain purchased for that purpose, segregated from its feedlot operations;
- clearly indicate, on all grain receipts issued for purchases of grain to be used in feedlot operations, that the purchase is not covered under the Canadian Grain Commission security program; and
- continue to grant full access to its books and records to Commission auditors and inspectors.
- 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.
Assistant Chief Commissioner
Signed on: May 10, 2023
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