ADM Agri Industries Company Licensed Terminal Elevator at Windsor, ON

Order number 2024-56

Introduction:

  1. The Canadian Grain Commission (the “Commission”) has authority under paragraph 117(b) of the Canada Grain Act (the “Act”) to make orders exempting any particular grain handling operation from the requirements of the Canada Grain Regulations (the “Regulations”).
  2. Paragraph 16(a) of the Regulations obliges every licensed operator of an elevator to store all grain received in an elevator building.
  3. ADM Agri Industries Company is licensed to operate a terminal elevator at Windsor, ON.
  4. ADM Agri-Industries Company has requested an exemption for its grain handling operation at this elevator during the current crop year to allow short-term additional storage capacity for grain outside the elevator building.
  5. The Commission is of the opinion that storage of grain inside the elevator building, as part of the grain handling operation of the licensee, as provided for in paragraph 16(a) of the Regulations, is not essential for maintaining the quality, safekeeping and orderly and efficient handling of grain in Canada, that additional short-term storage outside the building in the current crop year is necessary to move grain forward in the interests of producers, and that the proposal for bunker storage minimizes risks to the quality and safety of the grain stored outside the elevator building.
  6. The decision in respect of this order was made at a meeting of quorum of the Commission on August 15, 2024. Two of three Commissioners constitutes a quorum of the Commission.

The Commission makes the following order:

  1. The grain handling operation of ADM Agri Industries Company at Windsor, ON, is exempted from the requirement under paragraph 16(a) of the Regulations, to store all grain received in an elevator building.
  2. This order is subject to the following conditions:
    1. This order applies only to the storage of soybeans outside the elevator building in Windsor, ON;
    2. The maximum amount of soybeans that may be stored outside the elevator building at any given point in time is 25,000 metric tonnes;
    3. All soybeans stored outside the elevator building will be in a storage bunker, meaning that the structure is fully enclosed and has a concrete, asphalt, or other prepared base, rigid, self supporting sidewalls, doors, and a cover;
    4. The outside storage area must be part of the premises of the licensed terminal elevator, and must be under the control of the operator of the licensed elevator with weighing, sampling and grading of grain conducted as part of the operation of the licensed elevator;
    5. The outside storage area must be accessible for inspection by the Commission; and
    6. All other provisions of the Act and Regulations apply in respect of the outside storage and the soybeans stored outside.
  3. The licensee will advise the Commission (attention Sanjiv Sharma by email at sanjiv.sharma@grainscanada.gc.ca) when all soybeans stored outside the elevator building have been shipped.
  4. This order will remain in effect for the period of the crop year commencing on the date of this order, until July 31, 2025, unless 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: August 15, 2024