Poll of the day

[just_wondering]

Should the Feds introduce barley leg.
results currently at 78% yes 22% no
Not very scientific but it does show the heart beat.


http://www.newstalk650.com/

[parsley]

I presume everyone has read the legislation put forward. Here is a clause by clause explanation:



Clause 1 Clarifies the authority of the Governor in Council to repeal any regulation made under section 47 of the Canadian Wheat Board Act that extends the application of Part III or of Part IV or of both Parts III and IV to oats or to barley or to both oats
and barley.

Clause 2 Creates requirements respecting commercial dispute resolution whereby operators
of elevators in Canada who receive grain marketed by the CWB or producers,
whether singly or in a group, who cannot come to an agreement with the CWB respecting any commercial transaction or proposed transaction relating to grain, may ask the CWB to submit the matter on consent to a commercial arbitrator for
resolution.

Establishes provisions for the arbitration of the dispute as follows:

• Within five business days of the request for arbitration being made, the
CWB shall indicate in writing its consent or the reasons for its refusal.

The CWB shall not unreasonably withhold its consent to arbitration, although a dispute concerning a regulatory decision that the CWB is authorized to make under the CWB Act or regulations, or by order, constitutes reasonable grounds for the CWB to withhold its consent to arbitration.

• Within ten business days of receiving the CWB’s consent to arbitration, the parties shall identify a mutually acceptable arbitrator.

Where the parties cannot agree, then each party shall select an arbitrator of their choice. The two chosen arbitrators shall pick a third and all three shall arbitrate the dispute.

• Subject to the CWB Act and except for subsection 5(2) of the Commercial
Arbitration Act, the arbitration shall be governed by the Commercial
Arbitration Act including the Commercial Arbitration Code. The arbitrator or arbitrators may establish supplemental rules for the conduct of the arbitration as necessary unless the parties otherwise agree to such supplemental rules.

• The decision of a mutually-agreed upon arbitrator or an arbitration
decision made jointly by three arbitrators shall be binding on the parties.

The CWB and the opposing party shall share equally the costs of the
arbitration.

Clause 3 Makes a coordinating amendment by repealing section 25 of Chapter 17 of the 1998 Statutes of Canada - an Act to Amend the Canadian Wheat Board Act and to make consequential amendments to other Acts.


Clause 4 Provides for the coming into force of the provisions of the Act other than clause 1 on a date or dates to be fixed by the Governor in Council. Clause 1 will come into force upon Royal Assent.



Parsley

[parsley]

The legislative amendment regarding marketing choice for barley will clarify the authority of the Governor-in-Council to repeal a regulation made under section 47 of the Act that extended Part III and/or Part IV to barley.

Parsley

[parsley]

The timing of the changes depends on the duration of the legislative process.

The legislative amendment regarding marketing choice for barley that clarifies the authority of the Governor-in Council to repeal a regulation made under section 47
of the Act that extended Part III and/or Part IV to barley will come into force upon Royal Assent.


The legislative amendment regarding dispute resolution would come into effect by order of the Governor-in-Council after the amendments have received Royal Assent.


Parsley

[padron]

Someone needs to tell these guys the clearinghouse offers dispute resolution. I'm not a fan of setting up a new structure to replace services previously handled by the CGC. This is vague language in respect to "commercial dispute resolution" that we haven't heard from the government to date.

[parsley]

The CWB has a Handling Agreeement with the Accredited Agencies.

They squabble.

Arbitration.

The decision of a mutually-agreed upon arbitrator or an arbitration decision made jointly by three arbitrators shall be binding on the parties.

The CWB and the opposing party shall share equally the costs of the
arbitration.


Wonder where the CWB will get it's money from? Wouldn't be the pooling accounts, would it?


Nah.


Parsley

[AdamSmith]

Read the proposed bill.

Conclusion; Needed a general election yesterday.

Such a timid response to the issue of Marketing Choice.

We need total market deregulation.

It appears the only way wheat will ever trade freely in western Canada is by having a majority Concervative government REPEAL the CWB Act.

But under this dysfunctional minority parliament, I doubt very much that even this timid approach will reach the stage of Royal Assent.

And by the way don't worry one bit about the Chuck Cadman affair, this is going to bite Dion and Goodale and the Libs big time.

Think about it. Name me one insurance company that would offer a $1 million life insurance policy to a terminally ill person? It just didn't happen.

[Hopperbin]

I believe we just found out where the contingency fund went. How many million was it?

[parsley]

Hopperbin,

Could Dion swallow the whole fund for a LiberaL fundraiser in Winnipeg?

The Liberals need cash. Badly.

Maybe the Directors could vote to pay Liberal stars to comment on single desk marketing, and pay them from the Contingency fund!

Flaman could pick up a Hundred Thou.

Parsley

[chaffmeister]

padron:
On the arbitration clause, I believe all it says is that the CWB must agree to arbitration. That's all. I don't see how it's setting up any new "structure" - they just agree on an arbitrator. As you know, when commercial disputes arise with the CWB, the CWB simply refuses to play and the other side has no recourse except legal action. And you know where that would get them.

If this passes, the CWB cannot legally refuse commercial arbitration.

It's about time.

[stubblejumper]

Harper is running in circles trying to decide which fire to put out first. Cadman? NAFTA? The CWB will be low on the priority list.

[stubblejumper]

Southwest Booster poll
should gov introduce barly leg 48%yes 52% no

who should decide if barly sales remain under CWB control farmers 98% gov 2%