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 Table 54 of Schedule 3 to the Regulations is repealed.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]

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]

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)

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)

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.