Charliep, from the following it appears the CWB has the power to not allow the feed mill to buy your No.1 milling wheat. As a producer, you are free to sell, but if they buy, presumably they are breaking the law.
From THE CANADIAN ENCYCLOPEDIC DIGEST:
"Both the Canada Grain Act and the CWB Act contain declarations under the Constitution Act, 1867, declaring elevators in Canada to be works for the general advantage of Canada and thus subject to federal jurisdiction.
.....The declaration in the CWB Act, ...... does include feed mills........"
"Parliament has authority to prohibit a local sale of grain without permit. The fact that the regulations under the Act, which have as their purpose the orderly marketing of grain for export, prevent the use of a mill declared to be a work for the general advantage of Canada from accepting grain for local trade or for engaging in the milling or grinding of grain, cannot be reason for holding them ultra vires, although they interfere with local dealings in grain within the province."
"...it is not to be doubted that Parliament can require the managers and operators of feed mills, declared to be works for the general advantage of Canada, to fulfil the regulations made by it in respect of their operation, and can impose appropriate penalties for failure or breach."
From CWB Regulations:
"Feed grain" means
(a) ".....wheat of the grade No.3 CWRS or wheat of any equivilent or lower level of excellence, and
(b) .......feed barley of the grade Extra No. 1 Canada Western or.....lower...."
Parsley
From THE CANADIAN ENCYCLOPEDIC DIGEST:
"Both the Canada Grain Act and the CWB Act contain declarations under the Constitution Act, 1867, declaring elevators in Canada to be works for the general advantage of Canada and thus subject to federal jurisdiction.
.....The declaration in the CWB Act, ...... does include feed mills........"
"Parliament has authority to prohibit a local sale of grain without permit. The fact that the regulations under the Act, which have as their purpose the orderly marketing of grain for export, prevent the use of a mill declared to be a work for the general advantage of Canada from accepting grain for local trade or for engaging in the milling or grinding of grain, cannot be reason for holding them ultra vires, although they interfere with local dealings in grain within the province."
"...it is not to be doubted that Parliament can require the managers and operators of feed mills, declared to be works for the general advantage of Canada, to fulfil the regulations made by it in respect of their operation, and can impose appropriate penalties for failure or breach."
From CWB Regulations:
"Feed grain" means
(a) ".....wheat of the grade No.3 CWRS or wheat of any equivilent or lower level of excellence, and
(b) .......feed barley of the grade Extra No. 1 Canada Western or.....lower...."
Parsley
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