Canada Grain Regulations (C.R.C., c. 889)

1 The definitions in this section apply in these Regulations.

accountable gross weight

accountable gross weight[Repealed, SOR/2004-198, s. 1]

Act

Act means the Canada Grain Act. (Loi)

grading of unofficial samples

grading of unofficial samples[Repealed, SOR/2001-273, s. 1]

gross handling variance

gross handling variance[Repealed, SOR/2013-111, s. 1]

gross handling variance percentage

gross handling variance percentage[Repealed, SOR/2013-111, s. 1]

hazardous substance

hazardous substance means any pesticide, desiccant or inoculant. (substance dangereuse)

inland terminal elevator

inland terminal elevator[Repealed, SOR/2001-273, s. 1]

net weight

net weight means the gross weight of grain less the amount of dockage specified on the elevator or grain receipt or cash purchase ticket issued in respect of the grain. (poids net)

regional inspector

regional inspector[Repealed, SOR/2004-198, s. 1]

PART 1Canadian Grain Commission

Fees of the Commission

2 The fees of the Commission for services performed under the Act are set out in Schedule 1.

2.1 On April 1, 2019 and every subsequent year on April 1, all fees set out in Schedule 1 will be adjusted by the percentage change over 12 months in the April All-items Consumer Price Index for Canada, as published by Statistics Canada under the Statistics Act, for the previous fiscal year. All adjusted fees are calculated to the nearest cent.

Oath or Solemn Affirmation of Commissioner

3 A commissioner’s oath or solemn affirmation of office shall be taken as it appears in Form 1 of Schedule 2.

PART 2Grain Grades, Grading and Inspection

Oath or Solemn Affirmation of Member of Grain Standards Committee

4 The oath or solemn affirmation of office of a member of a grain standards committee who is not a commissioner and who is not employed in the public service of Canada shall be taken as it appears in Form 2 of Schedule 2.

4.1 [Repealed, SOR/2013-111, s. 2]

Grain Grades

• 5 (1) The following seeds are designated as grain for the purposes of the Act: barley, beans, buckwheat, canary seed, canola, chickpeas, corn, faba beans, flaxseed, lentils, mixed grain, mustard seed, oats, peas, rapeseed, rye, safflower seed, soybeans, sunflower seed, triticale and wheat.

• (2) The grade names and the specifications for grades of grain are those set out in Schedule 3.

Official Samples

• 6 (1) An official sample taken under section 30 of the Act shall be taken in accordance with Chapter 2 of the Commission’s Sampling Systems Handbook and Approval Guide, as amended from time to time.

• (2) No official samples shall be taken by means of a mechanical sampler unless it is installed, tested and maintained by the licensee under the direction of an inspector.

• (3) An official sample shall be retained for a period beginning on the day on which the sample is graded and ending not less than six months, but not more than 120 months, after that day.

Official Inspection

6.1 When a licensed grain dealer or the operator of a licensed elevator requests an official inspection of grain, they shall advise the Commission of the origin of the grain, or of the fact that the grain is of mixed origin, on the appropriate form supplied by the Commission.

Terminal Elevator and Third Party Samples

6.2 A sample taken as part of an inspection under subsection 70(1), (2) or 70.2(1) or section 70.3 of the Act shall

• (a) be taken in accordance with Chapter 2 of the Commission’s Sampling Systems Handbook and Approval Guide, as amended from time to time; and

• (b) be retained for not less than seven days after the date of the grading of the sample.

Grading of Unofficial Samples

• 7 (1) Any licensee or any person not required to be licensed or exempted from licensing under section 44 of the Act may forward an unofficial sample of grain to any regional inspection office of the Commission for a determination of one or more of its grade, dockage and other quality factors.

• (2) A sample forwarded under subsection (1) shall

  • (a) consist of at least 1 kg;

  • (b) be taken in such a manner as to ensure that it is an average and representative sample of the parcel of grain from which it is taken; and

  • (c) be forwarded, with all shipping charges prepaid, in a container that will maintain the integrity of the sample.

• (3) The shipper of a sample forwarded to a regional inspection office under this section shall

  • (a) state on a form supplied by the Commission that accompanies the sample the name and post office address of each person to whom the report as to the grade, dockage and other quality factors of the sample is to be sent; and

  • (b) place on the form a distinguishing number or mark of identification that the shipper has not previously used in respect of any other sample during that crop year.

• (4) On receipt of a sample and its accompanying form forwarded in accordance with this section, an inspector shall examine the sample and make the requested determination of its grade, dockage or other quality factors and transmit a copy of the determination in writing to each person named on the form.

• (5) Any person who has an interest in the grain and who is dissatisfied with the determination of the inspector may, within 15 days after the date of the examination, request the chief grain inspector for Canada to re-examine the sample.

• (6) On receipt of the sample, the chief grain inspector for Canada shall examine it, determine its grade, dockage and other quality factors and transmit a copy of the determination to each person named in the request.

• (7) The determination of the chief grain inspector for Canada is final.

• (8) An unofficial sample shall be retained for the period beginning on the date of the grading of the sample and ending not less than 20 days after that date.

Disposal of Samples

• 8 (1) Official samples and unofficial samples forwarded to the Commission for grading shall be sold by public tender within a reasonable time after the end of the required retention period for the samples under subsection 6(3) or 7(8).

• (2) [Repealed, SOR/2005-361, s. 3]

• (3) If no tender is received by the Commission for the purchase of an official sample or unofficial sample, the sample shall be discarded.

8.1 [Repealed, SOR/2000-213, s. 2]

Prescribed Form of Inspection Certificate

9 An inspection certificate referred to in section 32 of the Act shall be in the form set out

• (a) in the case of grain inspected on discharge from terminal elevators, in the document entitled Certificate Final for Grain, published by the Commission, as amended from time to time; and

• (b) in the case of all other grain in the document entitled Certificate for Grain, published by the Commission, as amended from time to time.

10 [Repealed, SOR/2002-255, s. 3]

Grain Appeal Procedures

11 An application for the reinspection of grain under section 39 of the Act shall be made in writing and include the following information:

• (a) the identification of the parcel of grain from which the official sample was taken;

• (b) the name and location of the elevator or other place where the official sample was taken;

• (c) the date of the official inspection; and

• (d) the grade and dockage assigned to the grain by the official inspection.

12 For the purpose of section 40 of the Act, an appeal lies under section 39 of the Act in respect of grain that has been officially inspected on discharge from a primary elevator to a terminal elevator.

13 The result of an appeal to the chief grain inspector for Canada shall be given without delay in writing by the chief grain inspector for Canada to the appellant and to the operator of the elevator where the grain was officially inspected.

14 If, as a result of an appeal taken under section 39 of the Act to the chief grain inspector for Canada, a grade is assigned to the grain that is different from the grade previously assigned to it, the inspection certificate revised in accordance with section 41 of the Act shall bear the date on which the appeal was decided.

PART 3Licences and Licensees

Exemptions from Licensing

• 15 (1) The following types of elevators are exempted under paragraph 117(a) of the Act from the licensing requirements of the Act:

  • (a) an elevator constructed for the purpose of handling and storing grain as part of the operation of a feed mill;

  • (b) a process elevator, other than an elevator referred to in paragraph (a), if the operator of the elevator does not purchase grain from producers, does not assume obligations to producers for the payment of money in respect of grain and allows the Commission access to the operator’s records for the elevator;

  • (c) an elevator constructed for the purpose of handling and storing grain as part of the operation of a seed cleaning plant, if the operator of the seed cleaning plant does not operate the elevator to handle, store or purchase grain except grain for seed purposes and allows the Commission access to the operator’s records for the elevator; and

  • (d) any elevator, if the operator of the elevator operates the elevator only as an agent or mandatary for licensees, the licensees provide security to the Commission for all grain received into the elevator and the operator allows the Commission access to the operator’s records for the elevator.

• (2) The grain handling operation of a grain dealer is exempted under paragraph 117(a) of the Act from the licensing requirements of the Act if the grain dealer allows the Commission access to the grain dealer’s records for dealing in and handling western grain and

  • (a) the grain dealer does not deal in or handle western grain except as an agent or mandatary for licensees and the licensees provide security to the Commission for all western grain transactions handled by the grain dealer;

  • (b) the grain dealer does not deal in or handle western grain except grain for seed purposes; or

  • (c) the grain dealer does not purchase western grain from producers and does not assume obligations to producers for the payment of money in respect of western grain.

15.1 and 15.2 [Repealed, SOR/2000-213, s. 2]