CWB Regulation 14(a)

[Raven]

"14. The Corporation may grant a licence for the export, or for the sale or purchase for delivery outside Canada, of wheat or wheat products if
(a) the export, sale or purchase does not adversely affect the marketing by the Corporation, in interprovincial or export trade, of wheat grown in Canada"

This is what the CWB uses to make captive supplies of farmers' wheat and barley.

NOTE: It is national. It is a regulation. It is not in the Act.

[gregpet]

Well they can't market all the durum offered for sale so you should be able to market it yourself without and adverse affect on the PRO's?

[Fransisco]

So if it is only a regulation, then who has the authority to change regulations? Since it's not part of the act it shouldn't need to be done through parliament or legislation.

[Fransisco]

"not adversely affect the marketing by the Corporation, in interprovincial or export trade"

So the sale of wheat from say Ontario never has an adverse affect? I find that a bit hard to swallow.

[Raven]

"marketing by the Corporation" is Part II and Part III. It is NOT CWB "selling" which is in Part I and has been declared by the courts as only accountable to Government.

[Raven]

For anyone wondering what CWB marketing is, here is is - freshly pulled directly from the Act:

"PART III INTERPROVINCIAL AND EXPORT MARKETING OF WHEAT BY THE CORPORATION"

And the sections in this Part III are about buying and pooling farmers' grain.

The courts have ruled that "PART II CONTROL OF ELEVATORS AND RAILWAYS" is included as marketing by the board, and Part II also gives control to the CWB of deliveries of grain by farmers to the elevators. Incidently, grain in the Act is defined as wheat, barley, oats rye, flax, ****seed and canola - that is the "orderly marketing of GRAIN as stated as the object of the Act. Someone point out to me where it says in the Act that the object is the single desk selling of wheat and barley grown in the designated area.

The Act states that Parts II and III apply to the designated area.

[Raven]

Gregpet and Franny, regarding "adversely affect" - A farmer not offering his grain to the CWB obviously has a tiny effect on the Board, but it doesn't stop them from pooling and buying what is offered to them. Besides, years ago, the Supreme Court stated that Part III was voluntary selling by farmers to the CWB. The reason for that is because the CWB is TRADE AND COMMERCE and producer grain is AGRICULTURE. The CWB has no legitimate control over agriculture. However, farmer grain contracted with the CWB may be considered as trade and commerce.

In 1925, the Supreme Court stated that grain becomes under trade and commerce "for the control and handling of grain from the moment it leaves the hands of the grower."

As for Ontario wheat selling into the same markets as the CWB, I agree Franny that it could affect CWB "selling", but that is not CWB "marketing".

[Raven]

Just to clarify:

"years ago, the Supreme Court stated that Part III was voluntary selling by farmers to the CWB."

That was not before the Wartime monopoly but 1958 (Murphy v. CPR)