| Possible gains
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(2) Any gains of the Corporation that may
result from the operation of this section may
be credited to the contingency fund.
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| Losses
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(3) Any losses of the Corporation that result
from making payments under subsection (1)
are paid out of the contingency fund
established under paragraph 6(1)(c.3).
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21. (1) Paragraph 37(1)(c) of the Act is
replaced by the following:
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(c) prescribe the conditions for and the
manner of negotiating a certificate issued
under this Part.
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(2) Subsection 37(2) of the Act is
repealed.
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22. Sections 38 and 39 of the Act are
replaced by the following:
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| Transfer of
wheat from
one pool
period to later
pool period
|
38. The Corporation may adjust its accounts
at any time by transferring to the then current
pool period all wheat delivered during a
preceding pool period and then remaining
unsold, and the Corporation shall credit to the
accounts for that preceding pool period, and
charge against the accounts for the current
pool period, an amount that the Corporation
considers to be a reasonable price for the
wheat so transferred, and all wheat so
transferred shall
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(a) for the purposes of the accounts relating
to that preceding pool period, be deemed to
have been sold and paid for in full for that
amount; and
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(b) in the accounts relating to the current
pool period, be dealt with as though it had
been sold and delivered to the Corporation
in the current pool period and purchased by
the Corporation for that amount, but no
further certificates in respect of that wheat
shall be issued under paragraph 32(1)(d).
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| Transfer of
undistributed
balances
|
39. (1) If producers of any grain sold and
delivered during a pool period have been for
six years or more entitled to receive from the
Corporation payments in respect of such grain
under certificates issued under this Act or out
of an equalization fund, or otherwise, and
there is an undistributed balance remaining in
the accounts of the Corporation in respect of
that grain, the Corporation may
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(i) by applying the undistributed balance
in payment of the expenses of distribu
tion of the balance mentioned in subsec
tion 33(2) with respect to the same kind
of grain in any earlier pool period, and
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(ii) by transferring the remainder of the
undistributed balance to a separate ac
count; and
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(b) pay to the persons who are entitled to
receive payments in respect of that grain the
amount to which they are entitled out of the
separate account.
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| How
transferred
balances to be
used
|
(2) Any balance transferred to the separate
account under subparagraph (1)(a)(ii), other
than any part of that balance that is required
for the payments referred to in paragraph
(1)(b), shall be used for any purposes that the
Corporation may consider to be for the benefit
of producers.
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| Powers of the
Corporation
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39.1 Notwithstanding sections 32 to 39, the
Corporation may enter into a contract with a
producer or any other person or entity for the
purchase and delivery of wheat or wheat
products at a price other than the sum certain
per tonne for wheat as set out in section 32 and
on any terms and conditions that the
Corporation considers appropriate.
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23. The heading of Part IV of the French
version of the Act is replaced by the
following:
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24. Section 45 of the Act is renumbered as
subsection 45(1) and is amended by adding
the following:
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| Exclusion
|
(2) On the recommendation of the Minister,
the Governor in Council may, by regulation,
exclude any kind, type, class or grade of
wheat, or wheat produced in any area in
Canada, from the provisions of this Part, either
in whole or in part, or generally, or for any
period.
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Recommen-
dation of the
Minister
|
(3) The Minister shall not make the
recommendation referred to in subsection (2)
unless
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(a) the exclusion is recommended by the
board; and
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(b) a procedure approved by the Canadian
Grain Commission as acceptable for
preserving the identity of excluded grain, so
as to prevent co-mingling with other grain,
is in place.
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| Significant
kind, type,
class or grade
|
(4) If, in the opinion of the board, the kind,
type, class or grade of wheat is significant, the
Minister shall not make a recommendation
referred to in paragraph (3)(a) unless a vote in
favour of exclusion by producers has been
held in a manner determined by the Minister
after consultation with the board.
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25. (1) Paragraph 46(b) of the Act is
repealed.
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(2) Section 46 of the Act is amended by
adding the following after paragraph (c):
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(c.1) granting permission to transport wheat
or barley that is not described by a grade
name or by reference to a sample taken
under the Canada Grain Act, or any wheat
products or barley products, under any
circumstances or conditions that may be
prescribed by regulation;
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(c.2) granting permission to transport, sell
or buy, in Canada, feed grain, as that
expression is defined in the regulations, or
wheat products or barley products for
consumption by livestock or poultry, under
any circumstances or conditions that may
be prescribed by regulation;
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26. Section 47 of the Act and the headings
before it are replaced by the following:
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| Extension of
Parts III and
IV to barley
|
47. (1) The Governor in Council may, by
regulation, extend the application of Part III or
of Part IV or of both Parts III and IV to barley.
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| Modifications
|
(2) Where the Governor in Council has
extended the application of any Part under
subsection (1), the provisions of that Part shall
be deemed to be re-enacted in this Part,
subject to the following:
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(a) the word ``barley'' shall be substituted
for the word ``wheat'';
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(b) the expression ``barley products'' shall
be substituted for the expression ``wheat
products''; and
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(c) subsection 40(2) is not applicable.
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| When
extension to
come into
force
|
(3) An extension of the application of Part
III shall come into force only at the beginning
of a crop year.
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| Definitions
|
(4) For the purposes of this section,
``product'', in relation to barley, means any
substance produced by processing or
manufacturing barley, alone or together with
any other material or substance, designated by
the Governor in Council by regulation as a
product of barley for the purposes of this Part.
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| Extension of
Parts III and
IV to other
grains
|
47.1 (1) The Governor in Council may, by
regulation, extend the application of Part III or
IV, or both, to any other grain.
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| Limitation
|
(2) A regulation may not be made under this
section unless
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(a) a written request is sent to the Minister
by an association all of the members of
which are producers of the grain and that
represents the producers of that grain
throughout the designated area;
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(b) the extension is recommended by the
board; and
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(c) a vote in favour of the extension by
producers of the grain has been held in a
manner determined by the Minister after
consultation with the board.
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| Notice
|
(2.1) Notice of the request referred to in
paragraph (2)(a) shall be published in the
Canada Gazette and in a periodical or
periodicals that, in the opinion of the Minister,
has or have a large circulation in the
designated area. The notice must invite
interested persons to make representations
with respect to the request in writing to the
Minister within one hundred and twenty days
after publication of the notice.
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| Modifications
|
(3) When the Governor in Council has
extended the application of any Part under
subsection (1), the provisions of that Part are
deemed to be re-enacted in this Part, subject to
the following:
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(a) the name of the grain included in the
regulation is substituted for the word
``wheat'';
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(b) an expression that consists of the name
of the grain plus the word ``products'', is
substituted for the expression ``wheat
products''; and
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(c) subsection 40(2) is not applicable.
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| When
extension to
come into
force
|
(4) An extension of the application of Part
III shall come into force only at the beginning
of a crop year.
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| Definition of
``product''
|
(5) For the purposes of this section,
``product'', in relation to any grain referred to
in subsection (1), means any substance
produced by processing or manufacturing that
grain, alone or together with any other
material or substance, designated by the
Governor in Council by regulation as a
product of that grain for the purposes of this
Part.
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27. The Act is amended by adding the
following after section 61:
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| Giving effect
to the
Agreement
|
61.1 (1) In exercising its powers and
performing its duties, the Corporation shall
give effect to the provisions of the Agreement
that pertain to the Corporation.
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| Regulations
|
(2) The Governor in Council may, on the
recommendation of the Treasury Board and
the Minister made at the request of the
Corporation, make any regulations in relation
to the Corporation that the Governor in
Council considers necessary for the purpose of
implementing any provision of the Agreement
that pertains to the Corporation.
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| Definition of
``Agreement''
|
(3) In subsections (1) and (2),
``Agreement'' has the same meaning as in
subsection 2(1) of the North American Free
Trade Agreement Implementation Act.
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28. The Act is amended by replacing the
expression ``member of the Board'' with the
word ``director'', with any modifications
that the circumstances require, in the
following provisions:
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(b) subsection 11(1); and
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29. The English version of the Act is
amended by replacing the word ``Board''
with the word ``Corporation'', except in
references to the ``Canadian Wheat
Board''.
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30. The French version of the Act is
amended by replacing the word
``ordonnance'' with the word ``arrêté'',
with any modifications that the
circumstances require, in the following
provisions:
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(a) subsections 20(1) and (2);
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(c) the portion of section 28 before
paragraph (a);
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(d) subsection 66(1); and
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| 1997, c. 20
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31. The definition ``Board'' in subsection
2(1) of the Agricultural Marketing Programs
Act is replaced by the following:
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``Board''
« Commission
»
|
``Board'' means the Canadian Wheat Board
continued by section 3 of the Canadian
Wheat Board Act.
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