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accountable gross weight[Repealed, SOR/2004-198, s. 1]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grading of unofficial samples[Repealed, SOR/2001-273, s. 1]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gross handling variance[Repealed, SOR/2013-111, s. 1]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gross handling variance percentage[Repealed, SOR/2013-111, s. 1]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inland terminal elevator[Repealed, SOR/2001-273, s. 1]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regional inspector[Repealed, SOR/2004-198, s. 1]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4.1 [Repealed, SOR/2013-111, s. 2]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]

General Conditions of Licensing

16 It is a condition of every licence to operate an elevator that the licensee shall

• (a) store all grain received in an elevator building described in the application for the licence;

• (b) notify the Commission in writing of any functional alteration to the elevator building described in the application or any functional alteration respecting grain flows or sampling or control mechanisms, and of any addition to any equipment associated with the elevator, within 15 days after plans for the alteration or addition become available;

• (c) without delay notify the Commission in writing of any damage to, or destruction of, any elevator building described in the application, or damage to, or destruction or removal of, any equipment required by the Commission to be installed in the elevator building;

• (d) without delay notify the Commission in writing of any damage to, or the destruction of, any grain stored in any elevator building described in the application;

• (e) keep each elevator building and all associated equipment in good repair and in good working order;

• (e.1) keep sampling and weighing equipment and areas surrounding the equipment clean and accessible; and

• (f) keep the licence posted in a conspicuous place in the elevator.

Security

17 The period prescribed for the purpose of paragraph 49(3)(a) of the Act is

• (a) if an elevator receipt or grain receipt is issued on delivery of the grain, 90 days; and

• (b) if a cash purchase ticket or other bill of exchange is issued on delivery of the grain or is later issued on surrender of an elevator receipt or grain receipt in respect of the grain, the lesser of

  • (i) 90 days, and

  • (ii) the period that ends 30 days after the day on which the cash purchase ticket or other bill of exchange is issued.

18 Security is not required from an applicant for a licence or from a licensee if the applicant or licensee is an agent of Her Majesty in right of Canada.

19 For the purposes of subsection 49(5) of the Act, the prescribed percentage of security realized or enforced is 100%.

Records to Be Kept by Licensees

20 Each licensee shall keep, for at least six years, all documents that relate to grain that was delivered to, stored by, shipped or otherwise disposed of by the licensee and that specify whether the grain was purchased, received for storage or received for sale on commission.

20.1 [Repealed, SOR/2000-213, s. 2]

Application for Licence

• 21 (1) Each applicant for a licence shall submit to the Commission, no later than the 15th day of the month prior to the commencement date of the licence period, specimens of all tickets, receipts, reports of sales and any other forms to be used by the licensee under its licence.

• (2) [Repealed, SOR/2004-198, s. 10]

• (3) Each applicant for a licence shall submit to the Commission, no later than the 15th day of the month prior to the commencement date of the licence period, the licence fee set out in Schedule 1 and the security fixed by the Commission under section 45 of the Act.

22 [Repealed, SOR/2001-273, s. 11]

Obligation and Security Reports

23 No later than the 15th day of every month, each licensed grain dealer, primary elevator operator and process elevator operator shall submit to the Commission, on the appropriate form supplied by the Commission or in an electronic format acceptable to it, a report respecting the licensee’s outstanding obligations for the payment of money or the delivery of grain to holders of elevator receipts, grain receipts and cash purchase tickets and the security amount available to meet those obligations at the end of the preceding month.

Licensed Grain Dealer Reports

24 Every month, each licensed grain dealer shall submit to the Commission, in a form and manner that is accepted by the Commission, a report respecting the grain dealer’s operations during the preceding month.

24.1 [Repealed, SOR/2000-213, s. 2]

Process Elevator Reports

25 Every week, each process elevator licensee shall submit to the Commission, in a form and manner that is accepted by the Commission, a report respecting the licensee’s operations during the preceding week.

25.1 [Repealed, SOR/2000-213, s. 2]

Primary Elevator Reports

26 Each primary elevator licensee shall submit to the Commission

• (a) every week, in a form and manner that is accepted by the Commission, a report respecting the licensee’s operations during the preceding week; and

• (b) no later than October 15 in each crop year, in a form and manner that is accepted by the Commission, a report respecting the licensee’s operations during the preceding crop year for each primary elevator operated by the licensee.

Terminal Elevator Reports

27 Every day, the operator of a terminal elevator shall submit to the Commission, in a form and manner that is accepted by the Commission, a report respecting the elevator’s operations during the preceding day.

28 [Repealed, SOR/2005-361, s. 6]

PART 4Charges

Storage Charges if Licensee Unable to Deliver Grain

29 With respect to a period referred to in subsection 53(2) of the Act, the special maximum storage charge at an elevator is

• (a) if the period has lasted seven days, for the next seven days of the period, 75% of the storage charge that could otherwise be made by the operator of the elevator for that type of storage; and

• (b) if the period has lasted 14 days, for the remainder of the period, 50% of the storage charge that could otherwise be made by the operator of the elevator for that type of storage.

Public Notices

29.1 Each licensee who operates an elevator shall keep posted in a conspicuous place in the elevator the schedule of the current charges filed with the Commission under subsection 50(1) of the Act.

PART 4.1Grain Delivery Contracts

29.2 In this Part, delivery period means, in relation to a contract for the purchase of grain, the period specified in the contract during which grain is to be delivered by the producer to the licensee. (période de livraison)

• 29.3 (1) Any contract between a producer and a licensee for the purchase of grain within a delivery period must include a provision stating that, in the event that delivery of the kind and grade of grain indicated in the contract is not accepted by the licensee during the delivery period, a penalty is to be paid by the licensee to the producer.

• (2) The contract must also include provisions stating that the penalty

  • (a) is agreed on by the producer and the licensee in the contract;

  • (b) applies to the remaining undelivered portion of grain that was contracted for but that was not accepted by the licensee during the delivery period; and

  • (c) is payable either at the time that the delivery of grain is completed by the producer or on another day otherwise agreed on by the producer and the licensee.

• (3) If the penalty agreed on by the producer and the licensee is based on a daily amount, the penalty is payable for each day during the period beginning on the first day after the day on which the delivery period expires and ending on the day on which the total amount of grain specified in the contract is accepted and received by the licensee, or on another day otherwise agreed on by the producer and the licensee.

PART 5Elevators, Grain Dealers and Grain Handling

Shrinkage Allowance

30 The maximum shrinkage allowance that may be made on the delivery of grain to any licensed elevator is zero.

31 and 32 [Repealed, SOR/2004-198, s. 13]

Receipt of Grain into a Licensed Primary Elevator

• 33 (1) Every cash purchase ticket or primary elevator receipt issued by the operator of a licensed primary elevator shall be set out in accordance with the document entitled Cash Purchase Ticket or Combined Primary Elevator Receipt, as appropriate, published by the Commission, as amended from time to time.

• (2) If grain is purchased by the operator of a licensed primary elevator, the operator shall issue a cash purchase ticket without delay after the grain is unloaded.

• (3) If grain is received for storage at a licensed primary elevator, the operator of the elevator shall issue a primary elevator receipt without delay after the grain is unloaded.

Sampling on Delivery

• 34 (1) For the purposes of sections 35 and 36, on the delivery of grain to a licensed primary elevator, a portion of at least 1 kg from a sample of the grain that is considered by the elevator operator and the person delivering the grain to be representative of the grain shall be taken from each load and retained either at the elevator or in accordance with any other instructions agreed to by the operator and the producer.

• (2) The sample shall be retained for the shortest of the following periods:

  • (a) the period that ends seven days after the day on which the elevator operator issues the primary elevator receipt;

  • (b) the period that ends when an agreement on grade and dockage is made between the elevator operator and the producer and an appropriate primary elevator receipt or cash purchase ticket has been issued; and

  • (c) the period that ends when the representative portion of the sample is forwarded in accordance with paragraph 36(1)(d).

Dockage Determination on Receipt at Licensed Primary Elevator

• 35 (1) The operator of a licensed primary elevator shall make an accurate determination of dockage in grain delivered at the elevator by

  • (a) taking a representative portion of at least 1 kg from the sample referred to in section 34;

  • (b) testing the sample with equipment of a type authorized by the Commission and hand-picking, if necessary, any portion that is not separable by that equipment; and

  • (c) computing the dockage to the nearest 0.1%.

• (2) If the person delivering grain to a licensed primary elevator so requests, the test to determine the dockage in the grain shall be made in that person’s presence.

35.1 [Repealed, SOR/95-386, s. 6]

Final Quality Determination

• 36 (1) If the operator of a licensed primary elevator and the producer do not agree on the grade of the grain or the dockage in the grain delivered and an interim primary elevator receipt is issued, the operator shall take a representative portion of at least 1 kg from the sample referred to in section 34 and shall

  • (a) put the representative portion in a container that is supplied by the operator or the person delivering the grain and that the operator and that person agree will maintain the integrity of the sample;

  • (b) identify the container with the name of the owner of the grain and with the interim primary elevator receipt number;

  • (c) mark the container “For Final Quality Determination”; and

  • (d) forward the container to the nearest regional inspection office of the Commission, with all shipping charges prepaid, accompanied by a written request from the operator or the owner of the grain that an inspector examine the representative portion and report to the persons named in the request what grade and dockage the inspector would assign to the grain if the examination were an official inspection.

• (1.1) After the applicable period referred to in 34(2) has expired in respect of a sample, the operator or the owner of the grain may not make a written request under paragraph (1)(d) in relation to the sample.

• (1.2) The operator of the elevator shall take the representative portion in the presence of the person delivering the grain, if the producer so requires.

• (2) On receipt of the representative portion, an inspector at the regional inspection office of the Commission shall examine it, determine its grade and dockage and transmit a copy of the determination to each person named in the request.

• (3) 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 representative portion.

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

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

• (6) On receipt of the final determination, the operator of the elevator shall exchange the interim primary elevator receipt for the appropriate primary elevator receipt or cash purchase ticket indicating the grade and dockage assigned to the representative portion in accordance with this section.

• (7) For greater certainty, in this section, “grade” includes the tough, damp, moist and wet grades established in the Off Grades of Grain and Grades of Screenings Order.

36.1 [Repealed, SOR/2000-213, s. 2]

Identity Preservation of special Bin Grain

• 37 (1) If grain is lawfully offered at a licensed primary elevator for special binning and the operator of the elevator agrees to specially bin the grain, the operator and person delivering the grain shall

  • (a) put a sample of the grain in a container that is of a type acceptable to the Commission, that will maintain the integrity of the sample and that is supplied by the operator or the person delivering the grain;

  • (b) identify the container with the name of the owner of the grain and with the special bin primary elevator receipt number; and

  • (c) mark the container “Special Bin”.

• (2) The person delivering the grain to the elevator shall secure the container by means of a lock or seal.

• (3) The operator shall keep the container in a locked storage cabinet or storeroom at the elevator, for not less than 30 days.

• (4) to (7) [Repealed, SOR/2004-198, s. 17]

38 [Repealed, SOR/2004-198, s. 18]

Drying of Grain at Licensed Primary Elevators

• 38.1 (1) Subject to these Regulations, the operator of a licensed primary elevator may dry tough, damp, moist or wet grain at the elevator in accordance with orders of the Commission.

• (2) The operator of a licensed primary elevator shall issue an elevator grain drying receipt in a form supplied by the Commission or accepted by the Commission for each load of grain containing excessive moisture delivered to the elevator for artificial drying.

• (3) The holder of the drying receipt may surrender the receipt to the operator and take from the operator any other appropriate receipts that the circumstances require or take delivery of the grain.

Cleaning of Grain

• 39 (1) If, in accordance with section 63 of the Act, grain is lawfully offered for storage at a licensed primary elevator and a request is made that it be cleaned, the elevator receipt that is required to be issued under that section shall be a combined primary elevator receipt set out in accordance with the document entitled Combined Primary Elevator Receipt, published by the Commission, as amended from time to time, and endorsed as follows:

  “To be cleaned before being shipped or settled for.”

• (2) The holder of the elevator receipt shall surrender it after the grain is cleaned, and the operator of the licensed primary elevator shall then issue the appropriate primary elevator receipt or cash purchase ticket for the grain, adjusted to the grade and quantity of the grain after cleaning.

• (3) If grain that is delivered for cleaning is returned to the owner of the grain, the operator of the licensed primary elevator shall issue a cleaning receipt for the grain, in a form acceptable to the Commission.

Shipment of Grain from a Licensed Primary Elevator

• 40 (1) The operator of a licensed primary elevator shall issue all shipping bills for grain shipped from the elevator and shall notify of each shipment any persons that the holder of a primary elevator receipt directs.

• (2) If grain is shipped from a licensed primary elevator, the operator of the elevator shall, on request from the holder of the primary elevator receipts in respect of the grain, give the holder particulars as to the grain shipped.

• (3) If a conveyance is supplied at a licensed primary elevator on the application of any person other than the operator of the elevator, the operator shall not load into that conveyance any grain other than

  • (a) in the case of specially binned grain, grain offered by that person; or

  • (b) in the case of grain other than specially binned grain,

    • (i) grain offered by that person, or

    • (ii) grain that is of the same kind, grade and quantity as the grain referred to in the elevator receipts surrendered by that person.

41 The operator of a licensed primary elevator

• (a) shall, on request by the Commission, produce elevator receipts or bills of lading for all grain that has been shipped from the elevator for which primary elevator receipts are outstanding; and

• (b) shall not assign, mortgage, pledge or hypothecate any grain stored in the elevator for which primary elevator receipts are outstanding.

42 If the operator of a licensed primary elevator requires the holder of a primary elevator receipt to take delivery of the grain in accordance with section 65 of the Act, the operator shall

• (a) deliver to the holder of the primary elevator receipt in person, or send by registered mail to the holder’s latest known address, a notice that

  • (i) identifies the receipt issued in respect of the grain,

  • (ii) makes the demand that the grain be removed from the elevator, and

  • (iii) shows the final date on which the holder may take delivery of the grain; and

• (b) forward to the Commission a duplicate copy of the notice.

Elevator Receipts — Right of Redelivery

• 43 (1) [Repealed, SOR/2003-284, s. 20]

• (2) The holder of a primary elevator receipt who waives the right to demand delivery from the operator of the elevator of the grain referred to in the receipt shall sign the following waiver set out on the receipt:

  “I hereby waive the right to demand delivery of the grain described in this receipt from the operator of the elevator.”

Receipt of Grain into a Licensed Process Elevator

44 A grain receipt or a cash purchase ticket that is required by subsection 78(2) of the Act to be issued by the operator of a licensed process elevator on the receipt of grain from a producer into the elevator shall be issued on delivery of the grain by the producer and shall be set out in accordance with the document entitled Grain Receipt or Cash Purchase Ticket, as appropriate, published by the Commission, as amended from time to time.

Receipt of Grain by a Licensed Grain Dealer

• 45 (1) For the purpose of this section, delivery of grain to an agent or mandatary of a licensed grain dealer is considered to be delivery to the licensed grain dealer.

• (2) A grain receipt or a cash purchase ticket that is required by subsection 81(1) of the Act to be issued by a licensed grain dealer shall be issued on receipt of western grain delivered by a producer or on being entitled to western grain delivered to an elevator by a producer, and shall be set out in accordance with the document entitled Grain Receipt or Cash Purchase Ticket, as appropriate, published by the Commission, as amended from time to time.

46 [Repealed, SOR/2003-284, s. 23]

Direct Hit Shipments

47 The operator of a licensed terminal elevator may receive grain without causing it to be inspected and weighed and without issuing an elevator receipt for it if the grain is transferred directly from a railway car or other conveyance to a ship and is officially inspected and weighed on transfer to the ship.

Receipt and Discharge of Grain from Licensed Terminal Elevators

48 The operator of a licensed terminal elevator may receive grain without causing it to be inspected or weighed if

• (a) it is eastern grain that was not delivered to the elevator by or on behalf of a producer;

• (b) it is imported grain; or

• (c) it is western grain that has been previously inspected and weighed at a licensed terminal elevator.

49 The operator of a licensed terminal elevator may discharge grain without causing it to be officially inspected and officially weighed if

• (a) it is for export to the United States; or

• (b) it is not for export.

Dockage Determination at Licensed Terminal Elevator

50 The operator of a licensed terminal elevator shall make an accurate determination of dockage of grain delivered at the elevator, computing the dockage to the nearest 0.1%.

Reinspection by the Chief Grain Inspector for Canada

• 51 (1) An application and a sample referred to in subsection 70(5) of the Act, for reinspection by the chief grain inspector for Canada, shall be forwarded to the chief grain inspector for Canada within five days after the date of the original inspection.

• (2) An application referred to in subsection (1) shall include

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

  • (b) the name and location of the licensed terminal elevator where the sample was taken;

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

  • (d) the grade and dockage assigned to the parcel of grain.

• (3) A sample of grain referred to in 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;

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

  • (d) be accompanied by a form acceptable to the Commission that states the name and post office address of each person to whom the report respecting the grade and dockage of the sample is to be sent; and

  • (e) be identified on the form by a distinguishing number or mark that the shipper has not previously used in respect of any other sample during that crop year.

Sampling of Grain if not Inspected on Receipt at a Licensed Terminal Elevator

52 A sample referred to in subsection 70.1(2) of the Act shall

• (a) be taken on loading of the grain into a railcar;

• (b) consist of at least 1 kg;

• (c) 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

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

Sampling of Grain on Receipt from a Licensed Terminal Elevator where Grain is not Inspected

52.1 A sample referred to in subsection 70.4(2) of the Act 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 to the Commission, with all shipping charges prepaid, in a container that will maintain the integrity of the sample.

Discharge of Grain Containing Dockage

53 If the operator of a licensed terminal elevator wishes to obtain the permission of the Commission under paragraph 75(b) of the Act to discharge from the elevator grain containing dockage, the operator shall make a written request to the Commission stating

• (a) the kind, grade and quantity of the grain;

• (b) the final destination of the grain; and

• (c) the reasons for the request.

54 [Repealed, SOR/2002-255, s. 16]

55 [Repealed, SOR/2004-198, s. 25]

56 [Repealed, SOR/2005-217, s. 2]

Special Binning

57 The operator of a licensed terminal elevator may specially bin any grain if either

• (a) the following conditions are met, namely,

  • (i) the operator and the person wishing to specially bin the grain enter into a special bin agreement set out in accordance with the document entitled Special Bin Agreement, published by the Commission, as amended from time to time,

  • (ii) all the grain is binned in accordance with the agreement,

  • (iii) not more than 30% of the total operating capacity of the elevator is contractually committed to special binning of grain, and

  • (iv) a copy of the agreement is filed by the operator with the Commission before the commencement date of the agreement; or

• (b) the grain is binned according to protein level.

57.1 [Repealed, SOR/2000-213, s. 2]

Terminal Elevator Receipts

58 A terminal elevator receipt shall be set out in accordance with the document entitled Terminal Elevator Receipt, published by the Commission, as amended from time to time.

Compulsory Removal of Grain from Licensed Terminal Elevators

• 59 (1) A notice in writing given by the operator of a licensed terminal elevator to the last known holder of a terminal elevator receipt under section 77 of the Act shall

  • (a) be delivered to the holder of the receipt in person or sent by registered mail to the holder’s latest known address;

  • (b) show the numbers of the elevator receipts issued in respect of the grain to be removed from the elevator;

  • (c) make the demand that the grain be removed from the elevator; and

  • (d) show the final date by which the holder is required to take delivery of the grain.

• (2) If the operator of a licensed terminal elevator gives the notice in accordance with subsection (1), the operator shall at the same time forward a copy of the notice to the Commission.

60 [Repealed, SOR/2013-111, s. 15]

Hazardous substances and Contaminated Grain in Elevators

• 61 (1) No hazardous substances, other than products used for fumigating and spraying infested grain, shall be used for the treatment of grain at an elevator.

• (2) No hazardous substances shall be stored in an area of a licensed elevator or annex to it unless

  • (a) there is no direct access from the area to any area used for the handling or storage of grain;

  • (b) the operator of the elevator has specifically designated the area for the storage of hazardous substances; and

  • (c) the storage of hazardous substances in the area is not a danger to the handling or storage of grain at the elevator.

• (3) If grain that is being received into, stored in or discharged from a licensed elevator is found to be contaminated, the operator of the elevator shall without delay notify the Commission and shall dispose of the contaminated grain in accordance with directions given by the chief grain inspector for Canada under an order of the Commission under paragraph 118(d) of the Act.

62 and 63 [Repealed, SOR/2001-273, s. 21]

Infestation in Elevators

64 If grain stored in an elevator is found to be infested, the operator of the elevator shall

• (a) in the absence of Commission personnel at the elevator, without delay provide the Commission with full particulars of the nature and extent of the infestation;

• (b) send to the Commission in a sealed container a 1 kg sample of the grain containing specimens of the pests with which the grain is infested;

• (c) treat the infested grain in accordance with instructions issued by the Commission; and

• (c.1) [Repealed, SOR/2005-361, s. 11]

• (d) clean out and treat any emptied annex or bin that contained infested grain and any equipment used in handling that grain in accordance with instructions issued by the Commission.

Declaration Respecting Grain

• 65 (1) The declaration respecting grain referred to in section 83.1 of the Act is set out in the document entitled Declaration of Eligibility for Delivery of Grain, published by the Commission, as amended from time to time.

• (2) The declaration must be made and provided for every kind of grain — and for each class, if any, of every kind of grain — that is set out in the document entitled Kinds of Grain that Require a Declaration of Eligibility for Delivery of Grain, published by the Commission, as amended from time to time.

• (3) The declaration must be provided to the person who receives the grain delivery.

• (4) The declaration must be made and provided at least once for every crop year, no later than the date of the first delivery of grain to which the declaration applies.

66 [Repealed, SOR/2002-255, s. 18]

67 [Repealed, SOR/2004-198, s. 31]

PART 6Carriage of Grain

Producer Railway Cars

• 68 (1) One or more producers of grain who wish to apply for a railway car under section 87 of the Act shall send to the Commission a completed application in the document entitled Application for Producer to Obtain Railway Cars, published by the Commission, as amended from time to time.

• (2) If a railway car that is allocated by the Commission as a result of the application arrives at a delivery point chosen by the producer or producers, as the case may be, the producer or producers shall load the grain declared in the application form directly from a siding or private bulk-loading facility into the railway car.

68.1 [Repealed, SOR/2000-213, s. 2]

Condition of Conveyances

69 A conveyance is not in fit condition to receive grain unless

• (a) it is clean, dry, structurally sound and free from infestation; and

• (b) if the conveyance is a ship, the holds are sufficiently protected while loading during rainstorms to prevent excessive water from mixing with the grain.

• (c) [Repealed, SOR/2004-198, s. 32]

Transport of Grain

• 70 (1) Any person may transport or cause to be transported

  • (a) [Repealed, SOR/2020-63, s. 4]

  • (b) any grain for export to a final destination in the United States on condition that the Commission is presented, in an electronic format acceptable to the Commission, with a report respecting any grain exports that took place during the preceding week; and

  • (c) any grain for export by container on the condition that the Commission is presented, in an electronic format acceptable to the Commission, with a report respecting any grain exports that took place during the preceding week.

  • (d) [Repealed, SOR/2004-198, s. 33]

• (2) [Repealed, SOR/2004-198, s. 33]

71 [Repealed, SOR/2012-153, s. 1]

72 to 74 [Repealed, SOR/2000-213, s. 2]

75 to 79 [Repealed, SOR/96-508, s. 53]

80 to 82 [Repealed, SOR/2000-213, s. 2]

83 [Repealed, SOR/83-628; s. 1]

84 [Repealed, SOR/86-813, s. 8]

85 [Repealed, SOR/95-386, s. 10]

86 and 87 [Repealed, SOR/2000-213, s. 2]