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

[parsley]

#11

Organic farmers do not use the CWB handling and transportation system, therefore have no effect on CWB marketing and therefore the CWB has no authority from Regulation 14(a) to arbitrarily deny export licences to Prairie organic farmers.

Parsley

[parsley]

Discussion welcome.

Parsley

[gerald.d]

I think we have another angle to look at this from. "about CWB buying and pooling of wheat / barley VOLUNTARILY offered for sale to the CWB by farmers". The point I wish to make is that the CWB has forgotten or chosen to ignore the word" VOLUNTARILY"
I have tried to explain many times to CWB export permit staff that I am not marketing my grain through the CWB voluntarily, only because there is no other choice for export.I always ask for a free export permit and one is always denied.

[Vader]

My first comment is do not confuse the terms "titled" and "defined".

There is a special section of the Act for "definitions". If a term is to have a special definition which is different from the normal meaning of the term then it will be listed under the definitions section of the Act.

Therefore Marketing by the CWB carries the usual meaning of the term and that would include buying and selling.


INTERPRETATION
Definitions
2. (1) In this Act, "actual producer"
«producteur-exploitant »
"actual producer" means a producer actually engaged in the production of grain;
"bank"
«banque »
"bank" means
(a) a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act,
(b) a credit union, caisse populaire or other cooperative credit society that is designated by the Minister on the application of that society as a bank for the purposes of this Act,
(c) a company within the meaning of the Trust and Loan Companies Act, or a company, society or provincial company within the meaning of the Insurance Companies Act, that is designated by the Minister on the application of that company, society or provincial company as a bank for the purposes of this Act, and
(d) a Province of Alberta Treasury Branch established pursuant to The Treasury Branches Act as enacted by the Legislature of the Province of Alberta;
"board"
«conseil »
"board" means the board of directors of the Corporation referred to in section 3.01;
"Board" [Repealed, 1998, c. 17, s. 1]
"Corporation"
«Commission »
"Corporation" means The Canadian Wheat Board continued by section 3;
"designated area"
«région désignée »
"designated area" means that area comprised by the Provinces of Manitoba, Saskatchewan and Alberta, and that part of the Province of British Columbia known as the Peace River District, and any other areas that the Corporation may designate under subsection (3);
"elevator"
«silo »
"elevator" means a grain elevator, warehouse or mill that has been declared by Parliament to be a work for the general advantage of Canada;
"grain"
«grains »
"grain" includes wheat, oats, barley, rye, flaxseed, ****seed and canola;
"Minister"
«ministre »
"Minister" means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;
"order"
«arrêté »
"order" means any order of the Corporation made under this Act and includes “instructions to the trade” issued by the Corporation;
"permit book"
«carnet de livraison »
"permit book" means a Canadian Wheat Board delivery permit issued pursuant to this Act by the Corporation for a crop year;
"pooling point"
«point de mise en commun »
"pooling point" means a place designated pursuant to subsection (5);
"producer"
«producteur »
"producer" includes, as well as an actual producer, any person entitled, as landlord, vendor or mortgagee, to the grain grown by an actual producer or to any share therein;
"quota"
«contingent »
"quota" means the quantity of grain authorized to be delivered from grain produced on land described in a permit book as fixed from time to time by the Corporation, whether expressed as a quantity that may be delivered from a specified number of acres or otherwise;
"wheat product"
«produit du blé »
"wheat product" means any substance designated as such by the Governor in Council under subsection (4).

[Vader]

I have not seen the letter you referred to here:

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

My interpretation of this would be that any sale at any price or any volume would have the capacity to impact on CWB marketing, and therefore is subject to the terms of section 14(a).

[Vader]

I would caution you as characterizing statments made by individual CWB employees or even CWB Directors as being binding on the CWB in a strict legal sense. They may in fact be expressing their own personal opinions as I am here.

[Vader]

The last thing that I would make note of is a more general note that when courts are interpreting the law which is what you are doing here Carol, they weigh heavily the "intent" of the legislators.

Obviously the intent of the legislation is an "orderly" marketing plan where the CWB has exclusive rights over marketing wheat and barley in the "designated" area.

If you view the CWB Act with this as your starting point any portion of the Act can be given the correct attribution. If you start your argument with the premise that the CWB has no authority over your grain marketing you will come up with many bogey men.

The CWB Act has been challenged many times and has always found favor with the courts even when the plaintiffs had what on the surface would seem to be some very legitimate arguments. You are fighting "city hall". It will be an uphill battle.

[parsley]

gerald.d,

Astute observation.

I believe that any producer who does not "offer" their grain to the CWB, is legally entitled to bypass Part III Board marketing and BOard pooling.

Parsley

[sumdumguy]

Seems like the wording is clear,"this applies to ALL of Canada, OR NONE!" What about precedent?

[sumdumguy]

Seems like the wording is clear,"this applies to ALL of Canada, OR NONE!" What about precedent?