Vol. 148, No. 13 — June 18, 2014
Registration
SOR/2014-150 June 6, 2014
CANADA GRAIN ACT
Regulations Amending the Canada Grain Regulations
The Canadian Grain Commission, pursuant to subsections 16(1) (see footnote a) and (2) (see footnote b) of the Canada Grain Act (see footnote c), makes the annexed Regulations Amending the Canada Grain Regulations.
Winnipeg, June 3, 2014
ELWIN HERMANSON
Chief Commissioner
JIM SMOLIK
Assistant Chief Commissioner
MURDOCH MACKAY
Commissioner
REGULATIONS AMENDING THE CANADA GRAIN REGULATIONS
AMENDMENTS
1. Table 1 of Schedule 3 to the Canada Grain Regulations (see footnote 1) is replaced by the following:
TABLE 1
WHEAT, CANADA WESTERN RED SPRING (CWRS)
Standard of Quality | Maximum Limits of | ||||||||
---|---|---|---|---|---|---|---|---|---|
Foreign Material | Wheats of Other Classes or Varieties | ||||||||
Grade Name | Minimum Test Weight kg/hL | Variety | Minimum Hard Vitreous Kernels % | Minimum Protein % | Degree of Soundness | Matter Other Than Cereal Grains % | Total % | Contrasting Classes % | Total % |
No. 1 CWRS | 75 | Any variety of the class CWRS designated as such by order of the Commission | 65 | 10 | Reasonably well matured, reasonably free from damaged kernels | 0.2 | 0.6 | 0.75 | 2.3 |
No. 2 CWRS | 72 | Any variety of the class CWRS designated as such by order of the Commission | No minimum | No minimum | Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels | 0.3 | 1.2 | 2.3 | 4.5 |
No. 3 CWRS | 69 | Any variety of the class CWRS designated as such by order of the Commission | No minimum | No minimum | May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels | 0.5 | 2.4 | 3.8 | 7.5 |
2. Table 45 of Schedule 3 to the Regulations is replaced by the following:
TABLE 45
OATS, CANADA EASTERN (CE)
Standard of Quality | Maximum Limits of | |||||||
---|---|---|---|---|---|---|---|---|
Damage | Foreign Material | |||||||
Grade Name | Minimum Test Weight kg/hL | Degree of Soundness | Heated % | Total % | Barley % | Wheat % | Wild Oats % | Total Damage and Foreign Material % |
No. 1 CE | 51 | Good natural colour, 98% sound groats | Nil | 2 | 0.75 | 0.75 | 1 | 2 |
No. 2 CE | 49 | Good natural colour, 96% sound groats | 0.1 | 4 | 1.5 | 1.5 | 2 | 4 |
No. 3 CE | 46 | Fair colour, 94% sound groats | 0.5 | 6 | 3 | 3 | 3 | 6 |
No. 4 CE | 43 | 92% sound groats | 1 | 8 | 8 | 8 | 8 | 8 |
3. Table 54 of Schedule 3 to the Regulations is repealed.
4. Table 56 of Schedule 3 to the Regulations is replaced by the following:
TABLE 56
WHEAT, CANADA WESTERN HARD WHITE SPRING (CWHWS)
Standard of Quality | Maximum Limits of Foreign Material | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
Grade Name | Minimum Test Weight kg/hL | Variety | Minimum Protein % | Degree of Soundness | Ergot % | Excreta % | Matter Other Than Cereal Grains % | Sclerotinia % | Stones % | Total % |
No. 1 CWHWS | 75 | Any variety of the class CWHWS designated as such by order of the Commission | 10 | Reasonably well matured, reasonably free from damaged kernels | 0.04 | 0.01 | 0.2 | 0.04 | 0.03 | 0.6 |
No. 2 CWHWS | 75 | Any variety of the class CWHWS designated as such by order of the Commission | No minimum | Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels | 0.04 | 0.01 | 0.3 | 0.04 | 0.03 | 1.2 |
No. 3 CWHWS | 72 | Any variety of the class CWHWS designated as such by order of the Commission | No minimum | May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels | 0.04 | 0.015 | 0.5 | 0.04 | 0.06 | 2.4 |
COMING INTO FORCE
5. (1) Sections 1, 3 and 4 come into force on August 1, 2014.
(2) Section 2 comes into force on July 1, 2014.
EXPLANATORY NOTE
(This note is not part of the Regulations.)
The changes outlined below result from a review of Schedule 3 tables by the Canadian Grain Commission’s Manager of Quality Assurance Standards and Reinspection.
Table 45 — Oats, Canada Eastern (CE) [English and French]
- Degree of Soundness — amendments to descriptions
- No. 3 and 4 CE — amendments to Heated % tolerances
- No. 1, 2, 3 and 4 CE — amendments to the tolerances of Total %, Barley %, Wheat % and Total Damage and Foreign Material %
- Amendments are to be made effective July 1, 2014
Rationale
At the November 7, 2012, meeting of the Eastern Standards Committee (ESC), a motion was passed recommending changes to the descriptions for Degree of Soundness and several changes to tolerance levels. The recommendation was brought forward as a result of ESC requesting the Canadian Grain Commission (CGC) to review the CE Oat grades in order to keep them relevant and meaningful in today’s market. A working group was formed in July 2013 made up of stakeholders from across the Canadian oat industry, and the group delivered their report with suggested changes at the April 9, 2014, ESC meeting. The working group found that there would be a benefit to the eastern oat industry if the majority of grading tolerances found in the eastern primary grade determinant tables were harmonized with similar tolerances in the western primary grade determinant tables. The industry has been notified that the changes will be implemented July 1, 2014.
Table 1 — Wheat, Canadian Western Red Spring (CWRS) [English and French]
- Removal of No. 4 CWRS
- Amendment is to be made effective August 1, 2014
Rationale
At the October 7, 2013, Wheat Sub-Committee meeting and the November 4, 2013, meeting of the Western Standards Committee (WSC), a motion was passed to remove the grade Wheat, No. 4 Canadian Western Red Spring as a regulated grade of grain. The recommendation was brought forward as a result of industry consultation. The No. 4 CWRS grade is currently being used very infrequently within the commercial grain trade. Originally, this grade was created to capture the top 20% of the Canada Western (CW) Feed grade to give another avenue to market wheat that could not make the No. 3 grade. Shipments of 4 CWRS were reviewed from 2005 to present and this review showed 276 283 tonnes of 4 CWRS have been shipped within that period, approximately less than 0.15% of CWRS produced over the eight years studied. Therefore, it was recommended to remove No. 4 CWRS from the grading table. The industry has been notified that the change will be implemented August 1, 2014.
Table 54 — Barley, Canada Western Experimental (CW EXPRMTL)
- Repeal Table 54
- Amendment to be made effective August 1, 2014
Rationale
At the October 16, 2013, meeting of the Western Barley and Other Cereal Grain Sub-Committee of the WSC, a motion was tabled to recommend to the WSC to remove experimental grades of barley as a regulated grade of grain. Members agreed that in the case of barley the use of an experimental grade is unlikely. The recommending committees responsible for registration of new varieties of barley by the Canadian Food Inspection Agency do extensive quality testing to ensure that new varieties are placed within the existing barley classes where they best belong. At the November 4, 2013, meeting of the WSC, the recommendation by the Barley and Other Cereal Sub-Committee to eliminate the Barley, CW EXPRMTL grades was accepted; therefore, Table 54 of Schedule 3 of the Canada Grain Regulations is repealed. The industry has been notified that the change will be implemented August 1, 2014.
Table 56 — Wheat, Canadian Western Hard White Spring (CWHWS)
- No. 1 and 2 CWHWS — amendments to Ergot and Sclerotinia tolerances
- Removal of No. 4 CWHWS
- Amendments to be made effective August 1, 2014
Rationale
At the October 7, 2013, Wheat Sub-Committee meeting and the November 4, 2013, WSC meeting, a motion was passed to remove the grade Wheat, No. 4 CWHWS as a regulated grade of grain. The recommendation was brought forward as a result of industry consultation. The No. 4 CWHWS grade is used very infrequently within the commercial grain trade. Shipments of No. 4 CWHWS were reviewed from 2005 to present and that review showed only 4 475 tonnes had been shipped within that period. The industry has been notified that the change will be implemented August 1, 2014.
- Footnote a
S.C. 1994, c. 45, s. 5 - Footnote b
R.S., c. 37 (4th Supp.), s. 5 - Footnote c
R.S., c. G-10 - Footnote 1
C.R.C., c. 889; SOR/2000-213, s. 1