Why 14 (a) in the CWB Act is not their Big Stick

[parsley]

The CWB often refers to 14(a) as the ultimate reason why they can deny any farmer or applicant a license.

They view 14 (a) as the big stick they can always resort to when in doubt.

Let's look at 14(a). What it really says. What it really means. This is nitty gritty and farmers are up for it. One CWB director who understands a lot about the Act is Vader. Are you game to make a comment or two, Vader if I put a few ideas out there?

Parsley

[parsley]

First of all, here's what 14(a) in the Canadian Wheat Board Act says:

QUOTE
14. The Corporation may grant a licence for the export, or for the sale or purchase for delivery outside Canada, of wheat, wheat products, barley or barley products if

(a) the export, sale or purchase of the grain or products for which the licence is sought does not adversely affect the marketing by the Corporation, in interprovincial or export trade, of grain grown in Canada; and
(b)
UNQUOTE

Only looking at (a) for now

Parsley

[parsley]

The marketing part of the CWB Act is in Part III and only applies to the Designated Area. We're not headed there!

The licensing part of the Act is in Part IV, and it applies to all of Canada. That's where we're headed!

Where is 14(a)? It is in the national part, in Part IV. It's important to know that 14(a) was plopped in for all of Canada, not just the West.

By the way, not one bushel of barley or wheat throughout Canada is exempt from the Part IV which requires exporters to have a license.

oooo, sounds tough, doesn't it?

Parsley

[parsley]

"does not adversely affect the marketing"

That's the troubling phrase, isn't it?

14(a) states that the CWB may grant licenses if CWB marketing is not harmed.

So the first question we have to ask, what is CWB marketing?

Parsley

[parsley]

Because we are farmers, we grow and we sell, so we nearly always think of marketing as selling.

But dictionaries define marketing not only as selling, but also as buying.

What is selling for the farmer is buying for the CWB.

Marketing is buying/selling.

Parsley

[parsley]

Adam Smith selling, is CWB buying, and that is indisputably identified in the CWB Act.

Part III of the Act is titled:

“INTERPROVINCIAL AND EXPORT MARKETING OF WHEAT BY THE CORPORATION”

and this describes and is all about CWB buying and pooling of wheat/barley voluntarily offered for sale to the CWB by farmers and Part III.

Parsley

[parsley]

When the CWB claims regulation 14(a) “marketing by the Corporation” means selling by the Corporation, they will just as wrong again as when they told organic farmers that buy-backs only apply for export sales and when they told organic farmers that a change in the Act was essential in order to let organic farmers out of the monopoly.

Parsley

[parsley]

#8

OSPG holds letters from the CWB’s own lawyers stating that neither price nor volume is a CWB consideration regarding Regulation 14(a).


Parsley

[parsley]

#9


But most importantly, “Marketing by the Corporation” is defined by the CWB Act itself.

Part III of the Act is titled:

“INTERPROVINCIAL AND EXPORT MARKETING OF WHEAT BY THE CORPORATION”

and Part III describes CWB buying and pooling of grain, but NOT SELLING by the CWB.

The Supreme Court described Part III as “voluntary marketing”.

Parsley

[parsley]

#10

SELLING by the CWB is in Part I of the Act under the title PRICING.

Therefore if the CWB tries to claim marketing means selling, they are going against both their own legal department and the Act itself.

Parsley