Busse Bros. Agri. Services Ltd. - Eastend, Saskatchewan

Order number 2017-13

July 31, 2017

Introduction:

  1. Section 44 of the Canada Grain Act (“the Act”) prohibits operation of elevators without a licence, unless the elevator is exempted by the Canadian Grain Commission (the “Commission”).
  2. The Commission has authority under paragraph 117(b) of the Act to make orders exempting elevators or operations from licensing or any other requirements of the Act or Canada Grain Regulations.
  3. Busse Bros. Agri. Services Ltd. has requested an exemption from the licensing requirements of the Act, because the facility is used solely to handle grain received for discharge to a producer railway car and is not involved in the purchase or sale of grain from a producer.
  4. The Commission is of the opinion that the control of Busse Bros. Agri. Services Ltd.’s facility is not essential for maintaining the quality, safekeeping and orderly and efficient handling of grain in Canada.
  5. This order is made by a quorum of 2 Commissioners.

The Commission makes the following order:

  1. The facility located at Eastend, Saskatchewan, operated by Busse Bros. Agri. Services Ltd., is exempted from the requirement to be licensed under the Act.

This order is subject to the following conditions:

  1. The facility will handle only grain received for discharge to a producer railway car allocated by the Commission in respect of a producer railway car application made pursuant to the Act.
  2. The operator of the facility will not buy grain from producers and will not assume obligations to producers for payment of money in respect of grain.
  3. The facility will not discharge grain to railway cars other than producer railway cars allocated by the Commission in respect of a producer railway car application pursuant to the Act.
  4. This Order does not limit the powers of inspectors under s. 88(1) of the Act to enter the facility, examine the premises, and examine any books and records.
  5. The operator of the facility will post a notice in a conspicuous place in the elevator advising producers that the facility is not licensed.

This order will be in effect for the crop year commencing August 1, 2017 and continuing until July 31, 2018, unless revoked earlier.

Doug Chorney
Assistant Chief Commissioner

Lonny McKague
Commissioner

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