Fraser Grain Terminal Ltd., Surrey, BC
Order number 2024-30
Introduction:
- The Canadian Grain Commission (the "Commission") has authority under paragraph 117(b) of the Canada Grain Act (the "Act") to make orders exempting a particular elevator or operation from the licensing or any other requirements of the Act or the Canada Grain Regulations.
- Subsection 70.3(1) of the Act obliges an operator of a licensed terminal elevator to cause the grain in the elevator – other than grain that is destined for another licensed elevator – to be officially weighed and officially inspected immediately before or during its discharge from the elevator.
- Fraser Grain Terminal Ltd. is licensed to operate a terminal elevator at Surrey, British Columbia, which has the capability to load both grain to vessel for direct export and to containers. Fraser Grain Terminal Ltd. has requested an exemption for its grain handling operation at this elevator during the current crop year, so as to allow Fraser Grain Terminal Ltd. to discharge grain from the elevator to containers without causing the grain to be officially weighed and officially inspected.
- The Commission is of the opinion that official weighing and official inspection upon discharge of grain from elevator building to containers, as provided for in subsection 70.3(1), 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 a meeting of a quorum of the Commission on May 29, 2024. Two of three Commissioners constitutes a quorum of the Commission.
The Commission makes the following order:
- Fraser Grain Terminal Ltd. is exempted from the requirement under subsection 70.3(1) of the Act to officially inspect and weigh grain being discharged from the elevator to containers on condition that:
- Fraser Grain Terminal Ltd. must report to the Commission its weekly grain handlings shipped by container.
- This order comes into effect on the later of the crop year commencing August 1, 2024, or the signing date, and will continue until July 31, 2025, unless it is 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.
David Hunt
Chief Commissioner
Patty Rosher
Assistant Chief Commissioner
Lonny McKague
Commissioner
Signed on: May 29, 2024