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

Regulations are current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

Canada Grain Regulations

C.R.C., c. 889

CANADA GRAIN ACT

Canada Grain Regulations

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accountable gross weight[Repealed, SOR/2004-198, s. 1]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grading of unofficial samples[Repealed, SOR/2001-273, s. 1]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gross handling variance[Repealed, SOR/2013-111, s. 1]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gross handling variance percentage[Repealed, SOR/2013-111, s. 1]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inland terminal elevator[Repealed, SOR/2001-273, s. 1]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regional inspector[Repealed, SOR/2004-198, s. 1]

  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 1
  • SOR/2002-255, s. 1
  • SOR/2004-198, s. 1
  • SOR/2013-111, s. 1

PART 1Canadian Grain Commission

Fees of the Commission

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

  • SOR/78-55, s. 1
  • SOR/88-408, s. 1
  • SOR/89-376, s. 14(F)
  • SOR/95-386, s. 1
  • SOR/96-508, s. 1
  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 2(E)
  • SOR/2003-284, s. 1
  • SOR/2004-198, s. 2

 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.

  • SOR/2018-33, s. 1

Oath or Solemn Affirmation of Commissioner

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

  • SOR/78-55, s. 2
  • SOR/81-610, s. 1
  • SOR/96-508, s. 2
  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 3
  • SOR/2003-284, s. 2

PART 2Grain Grades, Grading and Inspection

Oath or Solemn Affirmation of Member of Grain Standards Committee

 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.

  • SOR/96-508, s. 3
  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 4
  • SOR/2003-284, s. 3

 [Repealed, SOR/2013-111, s. 2]

Grain Grades

  •  (1) The following seeds are designated as grain for the purposes of the Act: barley, beans, buckwheat, canola, chick peas, corn, fababeans, 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.

  • SOR/96-508, s. 4
  • SOR/2000-213, s. 2
  • SOR/2003-285, s. 1
  • SOR/2013-111, s. 3

Official Samples

  •  (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, revised on January 14, 2015 and in effect on August 1, 2015.

  • (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 the period beginning on the date of the grading of the sample and ending

    • (a) not less than six months after that date, if the sample is taken on the discharge of grain out of an elevator into a ship; and

    • (b) [Repealed, SOR/2003-284, s. 5]

    • (c) not less than 20 days after that date, in any other case.

  • SOR/86-813, s. 1
  • SOR/89-395, s. 2(F)
  • SOR/96-508, s. 5
  • SOR/2000-213, s. 2
  • SOR/2001-273, s. 5
  • SOR/2003-284, s. 5
  • SOR/2004-198, s. 3
  • SOR/2005-361, s. 1
  • SOR/2006-206, s. 1
  • SOR/2013-111, s. 4
  • SOR/2015-137, s. 1

Official Inspection

 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.

  • SOR/2005-217, s. 1

Terminal Elevator and Third Party Samples

 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, revised on January 14, 2015 and in effect on August 1, 2015; and

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

  • SOR/2013-111, s. 5
  • SOR/2015-137, s. 2

Grading of Unofficial Samples

  •  (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.

  • SOR/89-376, ss. 11(F), 14(F), 16(F)
  • SOR/2000-213, s. 2
  • SOR/2003-284, s. 6
  • SOR/2004-198, s. 4
  • SOR/2005-361, s. 2
  • SOR/2013-111, s. 6

Disposal of Samples

  •  (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.

  • SOR/89-376, ss. 1, 12(F)
  • SOR/89-395, s. 2(F)
  • SOR/96-508, s. 7
  • SOR/2000-213, s. 2
  • SOR/2004-198, s. 5
  • SOR/2005-361, s. 3
  • SOR/2006-206, s. 2
 
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