Vol. 147, No. 13 — June 19, 2013
SI/2013-60 June 19, 2013
JOBS AND GROWTH ACT, 2012
Order Fixing August 1, 2013 as the Day on which Certain Sections of the Act Come into Force
P.C. 2013-602 May 30, 2013
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to section 410 of the Jobs and Growth Act, 2012, chapter 31 of the Statutes of Canada, 2012, fixes August 1, 2013 as the day on which sections 351 to 360 and 365 to 389 of that Act come into force.
(This note is not part of the Order.)
This Order in Council fixes August 1, 2013, as the date on which sections 351–360 and sections 365–389 of Division 19 of Part 4 of the Jobs and Growth Act, 2012 that amend the Canada Grain Act (CGA) come into force.
In accordance with section 410 of the Jobs and Growth Act, 2012 (the Act), the Governor in Council fixes the date or dates on which sections 351–389 of Division 19 of Part 4 of this Act come into force. The referenced Order in Council fixes August 1, 2013, as the date sections 351–360 and sections 365–389 of Division 19 of Part 4 come into force.
The Act received Royal Assent on December 14, 2012. The purpose of Division 19 of Part 4 of this legislation is to streamline the operations of the Canadian Grain Commission (CGC) and effectively reduce costs and improve efficiency of the grain sector. The amendments
- Move the responsibility for conducting inward inspection and inward weighing to the private sector. They also make the following related consequential changes:
- Provide a mechanism for shippers, including producer car shippers, to request third-party inspection by a company selected by the terminal elevator and authorized by the CGC.
- Provide elevator operators and shippers, including producer car shippers, the right to appeal to the CGC for binding determination of grade and dockage if there is a disagreement.
- Move the responsibility for inspection and weighing of domestic laker shipments from the CGC to the private sector.
- Eliminate the Grain Appeal Tribunal, mandatory requirements for registration and cancellation of receipts, and weigh-overs.
- Provide an oversight role for the CGC in the collection of inward inspection and weighing data.
- Combine terminal and transfer elevators into a single class.
- Amend the CGA to provide for forms of security to be prescribed by regulation and allow for insurance-based producer payment protection, which will replace the current producer security administered under the CGA.
Fixing the date for sections 351–360 and sections 365–389 of the Actto come into force will allow the Government to streamline the operations of the CGC and reduce costs to the grain sector, which will have a large positive financial implication.
In 2010–11, the CGC consulted with grain sector stakeholders regarding its services, service standards and changes to its user fees. One of the major feedback themes was that the CGA should be modernized and CGC services should be streamlined, with unnecessary services eliminated prior to updating user fees. Based on this feedback, in February 2012, the CGC sent out an engagement letter to grain sector stakeholders requesting feedback on the key areas of the CGA where change was being considered. Feedback from this process was used in the development of legislative reforms.
The Government has consulted widely on the issue of modernizing the CGA and streamlining the operations of the CGC since 2006.
The passing of the Act fulfills the Government’s commitment to streamline operations of the CGC. The CGC has broadly communicated these changes with support from Agriculture and Agri-Food Canada. The CGC’s Web site provides information on the amendments to the CGA including a summary of changes, frequently asked questions, and explanations of streamlined services.
The CGC has also met with several stakeholder groups throughout the months following the introduction of the Jobs and Growth Act, 2012. The CGC will continue to meet with stakeholders and will be providing communication regarding all aspects of the CGA amendments and the corresponding regulatory amendments. In order to ensure a smooth operational and administrative transition, the CGC will be informing grain producers, grain producer organizations, grain industry associations, and CGC licensees of the changes to the CGA and the corresponding changes to the Canada Grain Regulations through news releases and letters or notices to target audiences. Given the key role that this Order plays in how inward inspection and weighing occur, it will be important to widely communicate the August 1, 2013, date.
Canadian Grain Commission