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Canada Grain Act (R.S.C., 1985, c. G-10)

Full Document:  

Act current to 2022-06-20 and last amended on 2020-07-01. Previous Versions

PART IIGrain Grades, Grading and Inspection (continued)

Grain Standards Committees (continued)

Marginal note:Remuneration and expenses

 Each member of a grain standards committee is entitled to be paid

  • (a) if the member is not employed in the federal public administration, an allowance for the member’s services in an amount to be fixed by by-law of the Commission; and

  • (b) reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties under this Act.

  • R.S., 1985, c. G-10, s. 22
  • 1994, c. 45, s. 6
  • 2003, c. 22, s. 224(E)

Primary Standard Samples and Export Standard Samples

Marginal note:Preparation of samples

 As early as possible in each crop year the Commission shall cause to be collected representative samples of the crop of western grain and the crop of eastern grain of that crop year and, from those samples and from such other samples of the stocks of grain from any previous crop year as the Commission considers to be representative of the existing stock of any grain, cause to be prepared representative samples of

  • (a) each grade of grain established by regulation that the Western Standards Committee or the Eastern Standards Committee considers advisable;

  • (b) any other grade of western grain or eastern grain for which, in the opinion of the Commission, it would be appropriate to designate primary standard samples or export standard samples or both; and

  • (c) any grain in respect of which the Commission wishes to obtain a recommendation pursuant to paragraphs 24(2)(b) and (c).

  • R.S., 1985, c. G-10, s. 23
  • R.S., 1985, c. 37 (4th Supp.), s. 8

Marginal note:Meetings to be convened

  •  (1) When representative samples of grain have been prepared pursuant to section 23 and such reports on the milling, baking and other qualities of the samples as the Commission deems necessary have been obtained, the Commission shall convene a meeting of each grain standards committee.

  • Marginal note:Duties of grain standards committees

    (2) A grain standards committee shall examine the samples of grain supplied to the committee by the Commission and

    • (a) select and recommend to the Commission samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) that in the opinion of such committee represent as accurately as possible the minimum of that grade;

    • (b) recommend to the Commission names and specifications for other grades of grain that, in the opinion of the committee, should be established for the current crop year; and

    • (c) select and recommend to the Commission samples of each grade of grain recommended pursuant to paragraph (b) that, in the opinion of the committee, represent as accurately as possible the minimum of that grade.

  • Definition of grain standards committee

    (3) In subsection (2), grain standards committee,

    • (a) in the case of western grain, means the Western Standards Committee; and

    • (b) in the case of eastern grain, means the Eastern Standards Committee.

  • Marginal note:Recommendation of export standard samples

    (4) The Western Standards Committee shall, in respect of

    • (a) each grade of western red spring wheat and western amber durum wheat that, in the opinion of the Commission, is likely to be sold for export, and

    • (b) any other grade of western grain that the Commission refers to it for consideration,

    examine the samples of grain of that grade supplied to the Committee by the Commission and select and recommend to the Commission samples of the grade that, in the opinion of the Committee, represent as accurately as possible the average of grain of that grade received at any or all elevators at any or all inspection points.

  • R.S., 1985, c. G-10, s. 24
  • R.S., 1985, c. 37 (4th Supp.), s. 9

Marginal note:Delegation of duties

 A grain standards committee may

  • (a) delegate to a subcommittee of its members, which shall include an inspector, any function assigned to the committee by paragraph 24(2)(b) or (c); and

  • (b) if a sample of any grade of grain is not available in a crop year, or if the committee is of the opinion that the quality of a grade of grain has not varied significantly from the immediately preceding crop year, recommend to the Commission a sample approved by the Commission for that grade in a previous crop year.

  • R.S., 1985, c. G-10, s. 25
  • R.S., 1985, c. 37 (4th Supp.), s. 10

Marginal note:Designation of primary standard samples and export standard samples

 The Commission shall, for each crop year,

  • (a) on considering the recommendations of a grain standards committee made pursuant to subsection 24(2), designate primary standard samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of grain as the Commission considers advisable; and

  • (b) on considering the recommendations of the Western Standards Committee made pursuant to subsection 24(4), designate export standard samples of each grade of western grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of western grain as the Commission considers advisable.

  • R.S., 1985, c. G-10, s. 26
  • R.S., 1985, c. 37 (4th Supp.), s. 11

Marginal note:Export standard samples

  •  (1) The export standard sample that is designated for a grade of grain

    • (a) shall be used as the visual grading standard in the grading of western grain of that grade discharged from a terminal elevator or process elevator; and

    • (b) constitutes the minimum visual quality of the grade for that grain.

  • Marginal note:Primary standard samples

    (2) The primary standard sample that is designated for a grade of grain

    • (a) shall be used as a visual grading guide in the grading of grain of that grade, other than western grain discharged from a terminal elevator or process elevator; and

    • (b) constitutes the minimum visual quality of the grade for that grain.

  • Marginal note:Non-visual criteria of quality

    (3) Where

    • (a) protein content is a criterion of quality that applies to a grade of grain, or

    • (b) any other criterion of quality that cannot be determined visually by comparison with a primary standard sample or export standard sample applies to a grade of grain,

    that criterion shall be taken into consideration in determining the grade of the grain.

  • Marginal note:Limitation

    (4) No person shall, on the basis of the use of a primary standard sample,

    • (a) assign a grade to any grain that does not meet the specifications for that grade established by or under this Act; or

    • (b) refuse to assign a grade to any grain that meets the specifications so established for that grade.

  • R.S., 1985, c. G-10, s. 27
  • 2012, c. 31, s. 355

Marginal note:Grain of variety not registered under Seeds Act

 Notwithstanding paragraph 27(4)(b), where grain of any kind is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada, no person shall, except with the permission of the Commission, assign to that grain a grade that is higher than the lowest grade established by regulation for that kind of grain.

  • R.S., 1985, c. G-10, s. 28
  • R.S., 1985, c. 49 (1st Supp.), s. 8, c. 37 (4th Supp.), s. 12

Inspection of Grain

Marginal note:Provision for inspection

 The Commission shall make provision for the inspection of grain at such places as the Commission may, by by-law, determine.

  • 1970-71-72, c. 7, s. 23

Marginal note:Order of inspection

  •  (1) Subject to the regulations, an inspector

    • (a) shall, on application for inspection and in the order of receipt of applications for inspection, make an official inspection of grain at any place where provision for inspection has been made; and

    • (b) on making an official inspection of grain, shall take an official sample of the grain in the manner prescribed and retain the sample for fifteen days or such longer period as may be prescribed.

  • Marginal note:Grading of unofficial samples

    (2) An inspector may, on application for grading, grade unofficial samples of grain in the prescribed manner.

  • R.S., 1985, c. G-10, s. 30
  • 1994, c. 45, s. 7

Marginal note:Sample to be property of the Commission

 A sample of grain taken pursuant to section 30 or otherwise sent to the Commission thereupon becomes the property of the Commission and shall be sold or disposed of by the Commission in the prescribed manner.

  • R.S., 1985, c. G-10, s. 31
  • R.S., 1985, c. 37 (4th Supp.), s. 13

Marginal note:Inspection certificates

  •  (1) Subject to this Act, an inspector, after making an official inspection of grain pursuant to this Act, shall issue an inspection certificate in prescribed form,

    • (a) if the grain was grown in Canada or the United States,

      • (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and

      • (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned; or

    • (b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances,

      • (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and

      • (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned.

  • Marginal note:Where assignation of grade not necessary

    (1.1) An inspector may, with the approval of the Commission, issue an inspection certificate in prescribed form in respect of grain that has been specially binned or that is or may be marketed on the basis of its specifications rather than a grade established by regulation without assigning any grade to the grain and, in that case, shall indicate in the certificate that the grain is specially binned or, in the case of grain that is or may be marketed on the basis of its specifications, the specifications.

  • Marginal note:Additional information

    (2) An inspection certificate shall contain such information, in addition to the information specified in subsection (1) or (1.1), as the case may be, as may be authorized by the Commission.

Marginal note:Transmission of inspection certificate

 An inspection certificate issued when grain is discharged from a terminal elevator shall be transmitted with the shipping documents relating to the grain.

  • R.S., 1985, c. G-10, s. 33
  • 2012, c. 31, s. 356

Marginal note:Cancellation of inspection certificate

 An inspection certificate issued in respect of any grain later found to have gone out of condition shall be cancelled and, after a subsequent official inspection of the grain, a new inspection certificate shall be substituted for the cancelled certificate.

  • 1970-71-72, c. 7, s. 28

 [Repealed, 2012, c. 31, s. 357]

 [Repealed, 2012, c. 31, s. 357]

 [Repealed, 2012, c. 31, s. 357]

 [Repealed, 2012, c. 31, s. 357]

Appeals of Grain Grades

Marginal note:Right of appeal

  •  (1) Any person who is dissatisfied with the grade assigned to grain on an official inspection may appeal the decision of the inspector in respect of any characteristics of the grain, by way of an application for reinspection of the grain, to the chief grain inspector for Canada.

  • Marginal note:Time for appeal

    (2) Except with the Commission’s permission, no appeal lies under this section unless, within 15 days after the decision that is the subject of the appeal is made, notice of the appeal is given to the chief grain inspector for Canada.

  • R.S., 1985, c. G-10, s. 39
  • 2012, c. 31, s. 358

Marginal note:Restriction on appeals

 Except as may be prescribed, no appeal lies under section 39 from the decision of an inspector in respect of the grade assigned

  • (a) in respect of a sample of grain taken on receipt of the grain into a primary elevator; or

  • (b) to any grain on the discharge of the grain from an elevator.

  • 1970-71-72, c. 7, s. 30

Marginal note:Duties of chief grain inspector on appeal

  •  (1) If an appeal is taken, the chief grain inspector for Canada shall

    • (a) inspect the grain to which the appeal relates or a sample of that grain;

    • (b) review the decision appealed;

    • (c) assign to the grain the grade that he or she considers to be the appropriate grade for the grain; and

    • (d) if a grade is assigned to the grain that is different from the grade previously assigned to it, require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.

  • Marginal note:Decision is final

    (2) The decision of the chief grain inspector for Canada is final and conclusive and not subject to appeal to or review by any court.

  • Marginal note:Delegation

    (3) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under subsection (1).

  • R.S., 1985, c. G-10, s. 41
  • R.S., 1985, c. 37 (4th Supp.), s. 15
  • 2012, c. 31, s. 359

PART IIILicences and Licensees

Licences

Marginal note:Classes of licences

 The following classes of licences are hereby established for the purposes of this Act:

  • (a) a primary elevator licence, being a licence to operate a primary elevator;

  • (b) a terminal elevator licence, being a licence to operate a terminal elevator;

  • (c) [Repealed, 2012, c. 31, s. 360]

  • (d) a process elevator licence, being a licence to operate a process elevator; and

  • (e) a grain dealer’s licence, being a licence to carry on business as a grain dealer.

  • R.S., 1985, c. G-10, s. 42
  • 2012, c. 31, s. 360
 
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