Quit Signing Declarations

[Klause]

Here's the thing. Terminals are governed by the Canada Grain Act.

There's sections in the act that preclude the necessity to sign their crap.

Works for the general advantage of Canada

55 (1) All elevators in Canada heretofore or hereafter constructed, except elevators referred to in subsection (2) or (3), are and each of them is hereby declared to be a work or works for the general advantage of Canada.

Marginal note:Other works

(1.1) Every flour mill, feed mill, feed warehouse and seed cleaning mill is a work for the general advantage of Canada.

Receipt of grain

60 Subject to section 58 and any order made under section 118, the operator of every licensed primary elevator shall, at all reasonable hours on each day on which the elevator is open, without discrimination and in the order in which grain arrives and is lawfully offered at the elevator, receive into the elevator all grain so lawfully offered for which there is, in the elevator, available storage accommodation of the type required by the person by whom the grain is offered.

R.S., 1985, c. G-10, s. 60; 1998, c. 22, s. 25(F).
Marginal note:Procedure on receipt of grain

61 Where grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning,

(a) if the producer and the operator of the elevator agree as to the grade of the grain and the dockage, the operator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and forthwith provide the producer with the cash purchase ticket or elevator receipt; and

(b) if the producer and the operator of the elevator do not agree as to the grade of the grain or the dockage, the operator shall

(i) take a sample of the grain in the manner prescribed,

(ii) deal with the sample in the manner prescribed,

(iii) issue an interim elevator receipt in the prescribed form, and

(iv) on receipt of a report from the Commission assigning a grade in respect of the sample and determining the dockage, issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample and the dockage so determined, and forthwith provide the producer with the cash purchase ticket or elevator receipt.

Those declarations get longer every year - actually read them. It is a way to completely offload 100% of their liability onto the primary producer.

And it can only happen because producers are complacent.

[farmaholic]

.....anyone know what happens if you say "no"?

[jazz]

.....anyone know what happens if you say "no"?

They probably dont take your grain, so a lot of people would have to do it or some real big guys.

[Klause]

They probably dont take your grain, so a lot of people would have to do it or some real big guys.

They legally can't refuse your grain. See above.

And I can guarantee from personal experience, the minute you quote the grain act shit hits the fan.

[checking]

Meaning?

They will accept your grain only after they are served with court papers, or they will find a way to reject your load until you sign their form, or ...

[Klause]

Meaning?

They will accept your grain only after they are served with court papers, or they will find a way to reject your load until you sign their form, or ...

Nope.


Just quote this.

For once people, stand up for your rights before they get taken away even more. You don't need to serve them with court papers, and they can't lawfully reject your grain if it is of quality, end of story. Doing so is a criminal offence.

This is what ya'll need to understand - contravention of the Canada Grain Act is not a civil or corporate financial issue. It is a criminal issue. No elevator manager is going to want to go to jail for his job or pay out of his/her own pocket.

107 (1) Every operator of an elevator who contravenes or fails to comply with section 72 is guilty of an offence and

(a) if an individual, is liable

(i) on summary conviction, to a fine not exceeding nine thousand dollars or to imprisonment for a term not exceeding two years, or to both, or

(ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars or to imprisonment for a term not exceeding four years, or to both; or

(b) if a corporation, is liable

(i) on summary conviction, to a fine not exceeding thirty thousand dollars, or

(ii) on conviction on indictment, to a fine not exceeding sixty thousand dollars.

(1.1) [Repealed, 2011, c. 25, s. 32]

Marginal note:Idem

(2) Every person who contravenes any provision of this Act, other than section 72, or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of an offence and

(a) if an individual, is liable

(i) on summary conviction, to a fine not exceeding six thousand dollars or to imprisonment for a term not exceeding one year, or to both, or

(ii) on conviction on indictment, to a fine not exceeding twelve thousand dollars or to imprisonment for a term not exceeding two years, or to both; or

(b) if a corporation, is liable

(i) on summary conviction, to a fine not exceeding nine thousand dollars, or

(ii) on conviction on indictment, to a fine not exceeding eighteen thousand dollars.

R.S., 1985, c. G-10, s. 107; R.S., 1985, c. 37 (4th Supp.), s. 27; 1988, c. 65, s. 131; 2011, c. 25, s. 32.
Previous Version
Marginal note:Offence by manager, employee, agent or mandatary

108 (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence.

Marginal note:Party to offence

(2) Any employee, or agent or mandatary, of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence.

R.S., 1985, c. G-10, s. 108; 2004, c. 25, s. 109(E).

[samhill]

If you don’t agree with grade and dockage, don’t unload, drive over, have sample sent to Grain Commission.

[wmoebis]

If you don’t agree with grade and dockage, don’t unload, drive over, have sample sent to Grain Commission.

How many farmers know if samples are being assessed for grade and dockage properly in the first place. I know of elevators that even have wrong screens in dockage machines or weighting the wrong pans or are using wrong size sieves when doing hand sieving. Nobody says a word about it and just accept what they give or take.

[jazz]

They will just find another way to reject your delivery. Make up some fertilizer in the load or something, or some banned GMO was found, etc.

[helmsdale]

How many farmers know if samples are being assessed for grade and dockage properly in the first place. I know of elevators that even have wrong screens in dockage machines or weighting the wrong pans or are using wrong size sieves when doing hand sieving. Nobody says a word about it and just accept what they give or take.

Local elevator doesn't even know where the power switch is on the carter dockage machine. They got one there, and i guess someday they'll get top dollar for it when they advertise it as, "All original condition, rarely if ever used." Everyone gets 1.5% dockage whether they have .4 or 2.4. They'll kick it on when someone brings screenings from the seed cleaning plant and that's about it. My advice when I was custom hauling, was to bring it back home, throw it back in the bin and get your 1.5% dockage.

Then again it can work to some guys advantage. There is zero incentive to clean up your sample, so turn down the air, open up the sieves and taker all!

[sumdumguy]

Actually governments should make farmer-signed declarations illegal because though the farmer knows (or maybe not) what he has delivered, he has no control of his product once he dumps in the pit. Therefore he can’t be liable for end-user claims. Happens all the time in special crops industry. The product gets to the other side and buyer wants a discount, submits his complaint. If you ask for a picture, we don’t even have black rats like in the picture. Just an example.

[wmoebis]

Actually governments should make farmer-signed declarations illegal because though the farmer knows (or maybe not) what he has delivered, he has no control of his product once he dumps in the pit. Therefore he can’t be liable for end-user claims. Happens all the time in special crops industry. The product gets to the other side and buyer wants a discount, submits his complaint. If you ask for a picture, we don’t even have black rats like in the picture. Just an example.

I wonder what would stand up in court. Farmer signed declaration or sample that elevator remotely took, handled, divided down and stored in back room with only elevator employees having access to.

I have seen farmers complain to elevators because load was degraded because of Other Cereal Grain (barley) mixed in his wheat. When elevator pulled his sample out of storage it was 100% barley, not even his grain. How are they going to prove when wheat classes look alike and farmer takes all the responsibility?

[farmaholic]

Let's open a can of worms....

Is the part of the Grain Act that states they can't refuse your grain if they have room for it and it is a type and quality in store (I can't quote the act verbatim)even valid anymore because the "Handlers" are no longer just handling agents for the old CWB market era but are actually the BUYERS AND HANDLERS AND SELLERS now.

[macdon02]

So if a person says I'm not signing because "you" the grain co are protected by the Canada Grain Act the same way "I" the producer am..... how much shit hits the fan? Can they black list you? Are the declarations required by law? Anyone call the Grain commission about these? Do we have to?

[Klause]

So if a person says I'm not signing because "you" the grain co are protected by the Canada Grain Act the same way "I" the producer am..... how much shit hits the fan? Can they black list you? Are the declarations required by law? Anyone call the Grain commission about these? Do we have to?

I just posted the law.

They were completely invented by grain companies.

They can't blacklist you, doing so is a criminal offence. You "offer" grain, if they have room for that grade and type, they have to take it.

There are no ifs ands or buts in the law.

And the grain companies know this, but they hope you don't.