AGRICULTURE |
Saskatchewan Wheat Pool v. Canada (Grain Commission)
T-2843-03
2004 FC 1307, Kelen J.
23/9/04
20 pp.
Judicial review of Canadian Grain Commission's decision to cancel certificate of inspection issued to applicant on June 13, 2003--Commission federal agency responsible for establishing, maintaining Canada's grain quality standards, pursuant to Canada Grain Act, ss. 3, 13--One of chief purposes to provide grain industry with fair, impartial inspection and grading of grain--Applicant licensed grain dealer--25 railway cars of applicant's grain twice visually inspected, certified as No. 2 Canadian Western Red Spring Wheat--Final certificate of inspection issued--33 days later Commission advising applicant grade lowered based on lab tests--Since applicant not making application until December 31, 2003 applicant barred by limitation period in Federal Courts Act, s. 18.1(2)--Extension of time granted since all criteria outlined in Grewal v. Canada (Minister of Employment and Immigration), [1985] 2 F.C. 263 (C.A.) met--As to whether Commission functus officio once final certificate of inspection issued on June 13, 2003, Chandler v. Alberta Association of Architects, [1989] 2 S.C.R. 848, authoritative case on reopening hearings, applies to final decisions of tribunals or to matters finally resolved through adjudication--Commission's issuance of certificate of inspection not type of decision contemplated by Chandler-- Purely administrative exercise--Not having same finality as proceeding before tribunal since parties acknowledging visual inspection method insufficient to determine grain quality-- Whether Commission exceeded statutory authority by cancelling certificate of inspection, and substituting it with second corrected certificate--Act, s. 34 authorizes Commission to "cancel" certificate in specific circumstances --Rule of statutory construction, expressio unius est exclusio alterius, that to expressly include one thing in statute implies exclusion of another--Unless express provision in Act or Regulations for cancellation of certificate in circumstances herein, implied final certificate cannot be cancelled under Act or Regulations--Act, s. 16 providing Commission may establish methods for determining grain quality--Accordingly Commission has power to enact regulations requiring shipments of wheat be subject to laboratory analysis, and certificate of grade provided at time of shipment, based on visual inspection, will be subject to revision and correction--Necessarily requiring cancellation of original grade certificate--ButCommission failed to exercise powers, by enacting regulations, to set out method, visual or otherwise, for determining characteristics of grain--Canada Grain Regulations not providing for cancellation of grade certificate--Application allowed--Canada Grain Act, R.S.C., 1985, c. G-10, ss. 3 (as am. by R.S.C., 1985 (4th) Supp.), c. 37, s. 2), 13, 16 (as am. idem, s. 5; S.C. 1994, c. 45, s. 5), 34 --Federal Courts Act, R.S.C., 1985, c. F-7, ss. 1 (as am. by S.C. 2002, c. 8, s. 14), 18.1(2) (as enacted by S.C. 1990, c. 8, s. 5; 2002, c. 8, s. 27).