Bill C-40 · 38th Parliament · Paul Martin
An Act to amend the Canada Grain Act and the Canada Transportation Act
Government bill. Became law.
- IntroducedMarch 11, 2005
- Debated in principleApril 19, 2005
- Studied by a committeeDone
- Passed its first chamberMay 12, 2005
- Passed the second chamberMay 18, 2005
- Became lawMay 19, 2005
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Paul MartinPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
83% of the text as introduced was changed or removed by the time it became law (705 words introduced, 467 passed).
substantial changeintent mostly kept
The core WTO-driven changes to the definition of grain and handling rules were retained. Parliament added a new mandatory independent review of the Grain Commission and Act with a report to both Houses.
How precisely it is written
mostly preciseChallenging the law: HardDisputing a charge: Hard
The bill uses a detailed definition of grain tied to schedules and locations plus clear repeal language and a fixed one-year timeline for review. Some wording around the review's scope and the open-ended commencement order introduce limited room for argument.
Open to argument
“an independent and comprehensive re”
The adjectives independent and comprehensive set a qualitative standard without objective criteria for judging compliance.
Clear-cut
“Within a year after the coming into force of this section”
A fixed calendar deadline measured from a clear event leaves no interpretive latitude on timing.“The definition "grain" in section 147 of the Canada Transportation Act is replaced by the following:”
Direct substitution of a lengthy but enumerated definition referencing Schedule II and specific geographic processing steps creates an objective test.
Discretion. The Act comes into force on a day fixed by order of the Governor in Council, leaving the commencement date entirely to executive choice.
Challenging the law itself. The provisions contain no broad discretionary powers or subjective prohibitions that would readily support a vagueness or overbreadth claim under section 7 of the Charter.
Disputing a charge under it. The operative changes consist of repeals and a ministerial reporting duty rather than new conduct rules that a person could dispute factually.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
No statutory reviews, Auditor General or PBO reports, departmental evaluations, court rulings, or peer-reviewed studies directly assess the effectiveness of Bill C-40's amendments in achieving WTO compliance for foreign grain handling or related changes. The bill did trigger a mandated independent review of the Canadian Grain Commission as required by its provisions.
- Report of the Standing Committee on Agriculture and Agri-Food on the Review of the Canada Grain Act and the Canadian Grain Commission Conducted by COMPAS Inc.reviewThe committee reviewed the COMPAS report triggered by Bill C-40's amendment requiring a comprehensive review of the CGC within one year of the bill's coming into force.
- Government Response to the Fifth Report of the Standing Committee on Agriculture and Agri-FoodreviewGovernment responded to the committee's recommendations stemming from the Bill C-40-mandated COMPAS review, noting subsequent legislative proposals like Bill C-39.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.