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

[parsley]

But the second point is this:

You can only find "selling: in Section 7.(1) of the CWB Act. It is not in the Designated Area section! You have to ask the question, why didn't the legislators clump "selling" along with pooling and marketing in Part III in the West?

They didn't.

Then if you look closely at Section 7.(1), selling is there, but they put it under the title, "Pricing" 7.(1)

Parsley

[parsley]

The Canadian Wheat board Act very clearly differentiates between Sections 5 and Section 7.(1).

"Marketing" and "selling" are set apart and distinct from each other.

[parsley]

The phrase “marketing by the Corporation” is defined by the CWB Act itself, right in the title of Part III:

“PART III INTERPROVINCIAL AND EXPORT MARKETING OF WHEAT BY THE CORPORATION”

I'll repeat...From the CWB Act, the phrase “marketing by the Corporation”, is primarily the buying and pooling of designated wheat and barley that is voluntarily offered by producers for sale to the CWB.

Rand J. in Murphy v. Canadian Pacific Railway, [1958] S.C.R. 626 states:

"Part III deals with voluntary marketing."

[parsley]

What else is part of marketing by the corporation?

PART II, CONTROL OF ELEVATORS AND RAILWAYS is .

While Part II involves the CWB’s regulatory role in the DA, it is an integral part of the Corporation’s marketing and is specifically referred to in subsection 33.(1)(b) regarding Part III marketing expenses.

In addition, deliveries and sales of DA grain by producers into the CWB handling and transportation system are controlled in Part II, as an important part of the objective of “orderly marketing of grain” as stated by section 5. of the Act.

From page 5-73 of The Canadian Encyclopedic Digest (Western) 3rd Edition:

“The Canadian Wheat Board undertakes the marketing of wheat and barley in interprovincial and export trade but is authorized to establish quotas on other grains as a necessarily incidental part of the marketing scheme created by the Act. Delivery in excess of the quotas established by the Board is an offence of absolute liability for which mens rea is not an element. R.v. Klassen 1959, C.R. 275 (Man. C.A.); A.G. Can. V. Brydon, [1975] 2 W.W.R.. 705 (Man. C.A.)”

[parsley]

From the Act, there is nothing to indicate that “selling” by the CWB is included in “marketing” by the CWB; selling is in the general application part of the Act, whereas marketing is in Parts II and III applying only to the DA.

Granting an export licence to the applicant affects neither Parts II or III and does no harm to CWB marketing.

Do you need more information?

Parsley

[parsley]

Vader,

The letters mentioned above were written by CWB legal counsel and signed by them.

Parsley

[gerald.d]

I find it rather irrelivant to be going through the CWB act with a fine tooth comb.All you need is a lawyer on each side of the table and they will pick apart any document( especially one as lengthy as the CWB act) untill the rest of us are all long dead and forgotten! What the "city hall" folks need to realize is that most farmers(producers) want change. Vader , check out the numbers! You are one of only 13.7% who wants to keep the CWB as it is.Get your head out of the sand!!

[parsley]

These CWB Legal Department has acknowledged by letter that neither price nor volume of CWB selling is a factor regarding regulation 14(a).

Excerpts:

"QUESTION: “With regard to the phrase ‘marketing by the Board’ in regulation 14(a), is there a legal requirement from the Act or regulations that the Canadian Wheat Board must attempt to maximize prices in selling?”


ANSWER: “Section 14(a) of the CWB Regulations requires the CWB to determine that there would be no adverse affect on its marketing before issuing an export licence. It is not a section intended to address the CWB’s pricing decisions.”

[parsley]

Gerald, the CWB had told you time and time again that they cannot allow you to sell your own grain because oit will harm Board marketing.

Meanwhile back on the ranch, this is what the CWB lawyers wrote:

QUESTION: “With regard to Regulation 14(a) is any amount, volume or percentage of grain required by the Act to be a consideration in order to protect the CWB’s marketing opportunities? Or in other words, is section 14 (a) of the Regulations a section intended to address the volumes of Board marketing?”


ANSWER: “The Regulations leave it to the CWB’s discretion as to what it takes into consideration. Volume is not a consideration.”


Therefore Gerald, granting an export licence to the applicant affects neither Parts II or III and does no harm to CWB marketing.

[TOM4CWB]

Parsley,

I find it interesting that Vader left out;

CWB Act 2(2) In this Act, unless it is otherwise provided in this Act, words and expressions used in this Act have the same meaning as in the Canada Grain Act... except... the word "Elevator" is used, it has the same meaning as given to it under subsection (1).

[catchmeifyoucan]

Parsley #11 revised
Roundup Ready 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 arbitraily deny export licences to Praire Roundup Ready farmers. Let the games begin.

[parsley]

catchmeifyoucan,

Not one single bushel adversley affects Board marketing or pooling

[parsley]

Tom,
The interesting part is this... 14(a) is just a regulation. Only added as a regulation.

What was put in as a regulation, can be taken out as a regulation.

1. The Government can revise 14(a) today.

2.The Government can take out 14(a) tommorow!

We live in interesting times.

Parsley

[TOM4CWB]

Parsley,

And the word "regulation" is as defined in the Canada Grain Act!

[parsley]

Tom and catchmeifyoucan,

The CWB Act and the Canada Grain Act work together.

The CWB Act refers to the CGA 6 times.

The CGA refers to the CWB Act 9 times.

Kissing cousins.

The courts have ruled both, time and time again, to be under the constitution head of Trade and Commerce, BUT NOT AGRICULTURE.


The CWB has NO claim on ungraded, uncontracted grain in farmers' bins, because that's AGRICULTURE.

Parsley