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

[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).