Vol. 149, No. 13 — July 1, 2015
SOR/2015-137 June 10, 2015
CANADA GRAIN ACT
Regulations Amending the Canada Grain Regulations
P.C. 2015-784 June 10, 2015
Winnipeg, May 15, 2015
Assistant Chief Commissioner
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 116(1) (see footnote c) of the Canada Grain Act (see footnote d), approves the making of the annexed Regulations Amending the Canada Grain Regulations by the Canadian Grain Commission.
REGULATIONS AMENDING THE CANADA GRAIN REGULATIONS
1. Subsection 6(1) of the Canada Grain Regulations (see footnote 1) is replaced by the following:
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, revised on January 14, 2015 and in effect on August 1, 2015.
2. Paragraph 6.2(a) of the Regulations is replaced by the following:
- (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
3. The portion of subsection 59(1) of the French version of the Regulations before paragraph (a) is replaced by the following:
59. (1) L’avis écrit donné par l’exploitant d’une installation terminale agréée au dernier détenteur connu d’un récépissé d’installation terminale, en application de l’article 77 de la Loi, satisfait aux exigences suivantes :
COMING INTO FORCE
4. These Regulations come into force on August 1, 2015.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
The Canadian Grain Commission’s (CGC) Sampling Systems Handbook and Approval Guide (the Handbook) dated August 16, 2012, is currently incorporated by reference into subsection 6(1) and section 6.2 of the Canada Grain Regulations (CGR). The Handbook was updated and reorganized in 2013. As a result of the changes to the Handbook, Chapter 2 is the portion of the Handbook that is relevant for the purposes of the particular grain sampling procedures specified in subsection 6(1), and section 6.2 of the CGR. Therefore, the CGR are being amended to only incorporate by reference Chapter 2 of the Handbook and to reflect the new date of the Handbook. The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has also identified a discrepancy between the French and English text in subsection 59(1) that will be addressed.
The Handbook outlines the CGC’s policies and procedures for grain sampling systems used for official sampling purposes, including requirements for approval, installation, examination, testing and security of these systems. The Handbook was restructured and reorganized in 2013 in an attempt to simplify the Handbook and clarify stakeholder roles and responsibilities. The Handbook is intended to be used by CGC staff, producers and members of the grain trade. In general, stakeholder requirements did not change; however, the way the information was presented to stakeholders did. Internal CGC processes that were not relevant to stakeholders were removed, and a straightforward and structured approval process was outlined for automatic sampling systems.
Chapter 2 of the updated Handbook outlines the requirements and sampling procedure expected of automatic sampling systems. Prior to this, information related to sampling systems was spread out in multiple chapters of the Handbook. Additional information was included regarding the monitoring of sampling systems used for outward discharge from terminal elevators, requiring a walkthrough inspection on a three-month cycle and keeping an updated maintenance log. This information simply formalized current industry practices in the Handbook. After the Handbook was updated and reorganized, Chapter 2 is the only portion that is relevant for the particular grain sampling specified in subsection 6(1) and section 6.2 of the CGR. As a result, it was recommended to only specify that chapter in the Regulations.
In 2015, additional minor changes were made to the Handbook including improvement with respect to the consistent use of terminology (i.e. licensed grain handling facilities rather than terminal elevator, sample rather than official or unofficial sample, handbook rather than manual) and modifying diagrams to provide additional clarity.
The changes to Chapter 2 do not impose any additional requirements on stakeholders.
The Standing Joint Committee for the Scrutiny of Regulations advised the CGC of a discrepancy between the French and English text in subsection 59(1) of the CGR in October 2013. The subsection in question refers to the operator of a terminal elevator (“une installation terminale’’), when in fact the reference should be to the operator of a licensed terminal elevator (“une installation terminale agréée’’), as it is the case in the English version.
The objectives are to update the CGR to reference the latest version of the Handbook, and to correct a discrepancy between the French and English text in subsection 59(1) of the CGR.
Amend the date of the Sampling Systems Handbook and Approval Guide referenced in subsection 6(1) and section 6.2 of the CGR to the version revised on January 14, 2015, coming into effect on August 1, 2015.
Amend the reference to the Commission’s Sampling Systems Handbook and Approval Guide by specifying that only Chapter 2 is incorporated by reference for the purpose of subsection 6(1) and section 6.2 of the CGR.
Amend the French text in subsection 59(1) that refers to the operator of a terminal elevator (“une installation terminale”) to match the English text that refers to the operator of a licensed terminal elevator (“une installation terminale agréée”).
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this proposal, as there are no costs on small business.
Stakeholders were not consulted with respect to the changes to the Handbook, as the update focused on simplifying and restructuring the manual as opposed to imposing additional requirements on stakeholders. The CGC’s Chief Grain Inspector did issue two letters to industry (on April 2, 2013, and on October 25, 2013) reminding licensed terminal operations of their responsibilities in operating a CGC-approved sampling system.
Stakeholders have not been consulted on the 2015 Handbook amendments, as changes will have no impact on them.
These amendments are necessary to update and clarify the CGR, given the changes to the Handbook. Additionally, as Chapter 2 is the only portion that is relevant to subsection 6(1) and section 6.2 of the Regulations, the Regulations only needs to reference that chapter. The amendments present no risk to stakeholders and will not negatively impact the sector. No costs are expected.
Implementation, enforcement and service standards
The regulatory amendments will come into force August 1, 2015.
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