Hold it just a minute thalpenny,
I thought we put this to bed in 1996(the Feed Barley Series C thing)!
There in nothing in the CWB legislation that allows the CWB to restrict sales of durum for the purposes you state above.
I am sure if no-cost export licenses were issued, the farmers you rejected could find sales for their durum, am I not right?
Now,
The present CWB as it is structured today, never did have the right to hold back sales to protect pooling accounts.
What you really misunderstand is, that farmers corporately are responsible to restrict their offering of durum to the international market, BEFORE they offer it to the CWB, if they feel it necessary to speculate and hold for a higher price.
Only durum farmers themselves individually have the right to make this marketing decision, and then for their own farm only.
Pursuant to section 18. (1) if the Governor in Council gave a specific instruction ordering the CWB to hold back sales to protect the pooling accounts, and passed regulations to this effect, then the CWB could hold back sales to protect the pooling accounts.
If the Governor in Council passes this type of regulation, it then has an obligation to gazette the said regulation, and add it to the CWB Regulations. To this point this has not been done.
Now we look at the specific CWB Act pricing instructions.
The CWB Act, Section 7 on Pricing;
(1) Subject to the regulations, the Corporation SHALL SELL AND DISPOSE OF GRAIN acquired by it pursuant to its operations under this Act for such prices as it considers reasonable WITH THE OBJECT OF PROMOTING THE SALE OF GRAIN produced in Canada in world markets. [emphasis added]
PART II was not written in as a supply restriction mechanism to the international market.
Part II, CONTROL OF ELEVATORS AND RAILWAYS, was intended to restrict supply of the 6 major grains into the grain handling system, so as to facilitate an orderly supply of these 6 different grain products into the grain handling system, then to be forwarded to export sales commitments at port position.
Why?
Because the Canada Grain Act says if an elevator has any room at all, by law it must accept any grain offered to that elevator.
CWB Act PART II DELIVERY OF GRAIN, Section 24. (1) Notwithstanding anything in the Canada grain Act… could it not be clearer, that this is the purpose of Part II?
Part III, INTERPROVINCIAL AND EXPORT MARKETING OF WHEAT BY THE CORPORATION, does not give the CWB permission to restrict marketing activities to “hold up pool values”.
If a farmer offers durum for sale, and if the grain handling system has the capacity to deliver this grain to a customer, then the CWB has an obligation under law to sell this durum product to a customer.
This gives equal access to the market, for anyone who chooses to offer their durum to the CWB, and is one of the few rights all producers are to have under the CWB Act.
If 100% of the durum grown in western Canada is offered to the CWB, and the CWB can find someone to take this durum for such prices as it considers reasonable WITH THE OBJECT OF PROMOTING THE SALE OF this DURUM, then the CWB has an obligation to market this durum.
Jake Hoeppener took this CWB duty of care issue all the way to the Supreme Court of Canada. The CWB has no duty in law to maximize the returns of producers in the pooling accounts.
The CWB Act is very complicated I know, however you and the CWB must understand this statute, or this marketing system WILL NOT SURVIVE.
At least when the CWB Commissioners in 1996 understood the law, they corrected their actions!
Will the Elected and Appointed directors do what the law requires?
Can directors, working part time, really understand all these complicated issues?
Truly,
TOM4CWB
I thought we put this to bed in 1996(the Feed Barley Series C thing)!
There in nothing in the CWB legislation that allows the CWB to restrict sales of durum for the purposes you state above.
I am sure if no-cost export licenses were issued, the farmers you rejected could find sales for their durum, am I not right?
Now,
The present CWB as it is structured today, never did have the right to hold back sales to protect pooling accounts.
What you really misunderstand is, that farmers corporately are responsible to restrict their offering of durum to the international market, BEFORE they offer it to the CWB, if they feel it necessary to speculate and hold for a higher price.
Only durum farmers themselves individually have the right to make this marketing decision, and then for their own farm only.
Pursuant to section 18. (1) if the Governor in Council gave a specific instruction ordering the CWB to hold back sales to protect the pooling accounts, and passed regulations to this effect, then the CWB could hold back sales to protect the pooling accounts.
If the Governor in Council passes this type of regulation, it then has an obligation to gazette the said regulation, and add it to the CWB Regulations. To this point this has not been done.
Now we look at the specific CWB Act pricing instructions.
The CWB Act, Section 7 on Pricing;
(1) Subject to the regulations, the Corporation SHALL SELL AND DISPOSE OF GRAIN acquired by it pursuant to its operations under this Act for such prices as it considers reasonable WITH THE OBJECT OF PROMOTING THE SALE OF GRAIN produced in Canada in world markets. [emphasis added]
PART II was not written in as a supply restriction mechanism to the international market.
Part II, CONTROL OF ELEVATORS AND RAILWAYS, was intended to restrict supply of the 6 major grains into the grain handling system, so as to facilitate an orderly supply of these 6 different grain products into the grain handling system, then to be forwarded to export sales commitments at port position.
Why?
Because the Canada Grain Act says if an elevator has any room at all, by law it must accept any grain offered to that elevator.
CWB Act PART II DELIVERY OF GRAIN, Section 24. (1) Notwithstanding anything in the Canada grain Act… could it not be clearer, that this is the purpose of Part II?
Part III, INTERPROVINCIAL AND EXPORT MARKETING OF WHEAT BY THE CORPORATION, does not give the CWB permission to restrict marketing activities to “hold up pool values”.
If a farmer offers durum for sale, and if the grain handling system has the capacity to deliver this grain to a customer, then the CWB has an obligation under law to sell this durum product to a customer.
This gives equal access to the market, for anyone who chooses to offer their durum to the CWB, and is one of the few rights all producers are to have under the CWB Act.
If 100% of the durum grown in western Canada is offered to the CWB, and the CWB can find someone to take this durum for such prices as it considers reasonable WITH THE OBJECT OF PROMOTING THE SALE OF this DURUM, then the CWB has an obligation to market this durum.
Jake Hoeppener took this CWB duty of care issue all the way to the Supreme Court of Canada. The CWB has no duty in law to maximize the returns of producers in the pooling accounts.
The CWB Act is very complicated I know, however you and the CWB must understand this statute, or this marketing system WILL NOT SURVIVE.
At least when the CWB Commissioners in 1996 understood the law, they corrected their actions!
Will the Elected and Appointed directors do what the law requires?
Can directors, working part time, really understand all these complicated issues?
Truly,
TOM4CWB
Comment