Vol. 150, No. 14 — July 13, 2016

Registration

SOR/2016-204 June 30, 2016

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 27, 2016

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 amended by adding the following at the end of that Table:

Grade Name

Standard of Quality

Maximum Limits of

Minimum Test Weight kg/hL

Variety

Minimum Hard Vitreous Kernels %

Minimum Protein %

Degree of Soundness

Foreign Material

Wheats of Other Classes or Varieties

Matter Other Than Cereal Grains %

Total %

Contrasting Classes %

Total %

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

No minimum

No minimum

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

1

10

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

2 Table 2 of Schedule 3 to the Regulations is amended by adding the following at the end of that Table:

Grade Name

Standard of Quality

Maximum Limits of

Minimum Test Weight kg/hL

Variety

Minimum Protein %

Degree of Soundness

Foreign Material

Wheats of Other Classes or Varieties

Matter Other Than Cereal Grains %

Total %

Contrasting Classes %

Total %

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

No minimum

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

1

10

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

3 Table 3 of Schedule 3 to the Regulations is amended by adding the following at the end of that Table:

Grade Name

Standard of Quality

Maximum Limits of

Minimum Test Weight kg/hL

Variety

Minimum Protein %

Degree of Soundness

Foreign Material

Wheats of Other Classes or Varieties

Matter Other Than Cereal Grains %

Total %

Contrasting Classes %

Total %

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

No minimum

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

1

10

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

4 Table 4 of Schedule 3 to the Regulations is amended by adding the following at the end of that Table:

Grade Name

Standard of Quality

Maximum Limits of

Minimum Test Weight kg/hL

Variety

Degree of Soundness

Foreign Material

Wheats of Other Classes or Varieties %

Matter Other Than Cereal Grains %

Total %

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

1

10

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

5 Table 5 of Schedule 3 to the Regulations is repealed.

6 Table 7 of Schedule 3 to the Regulations is amended by replacing the expression “92% sound groats” in the column under the heading “Degree of Soundess” opposite “No. 4 CW” in the column under the heading “Grade Name” with the expression “Poor colour, 92% sound groats”.

7 Table 17 of Schedule 3 to the Regulations is amended by adding the following at the end of that Table:

Grade Name

Standard of Quality

Maximum Limits of

Minimum Test Weight kg/hL

Variety

Degree of Soundness

Foreign Material

Wheats of Other Classes or Varieties

Matter Other Than Cereal Grains %

Total %

Contrasting Classes %

Total %

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

1

10

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

8 Table 18 of Schedule 3 to the Regulations is amended by adding the following at the end of that Table:

Grade Name

Standard of Quality

Maximum Limits of

Minimum Test Weight kg/hL

Variety

Degree of Soundness

Foreign Material

  

Wheats of Other Classes or Varieties

Matter Other Than Cereal Grains %

Total %

Contrasting Classes %

Total %

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

1

10

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

9 Table 45 of Schedule 3 to the Regulations is amended by replacing the expression “92% sound groats” in the column under the heading “Degree of Soundess” opposite “No. 4 CE” in the column under the heading “Grade Name” with the expression “Poor colour, 92% sound groats”.

10 Table 53 of Schedule 3 to the Regulations is amended by adding the following at the end of that Table:

Grade Name

Standard of Quality

Maximum Limits of

Minimum Test Weight kg/hL

Variety

Minimum Hard Vitreous Kernels %

Degree of Soundness

Foreign Material

Wheats of Other Classes or Varieties

Matter Other Than Cereal Grains %

Total %

Contrasting Classes %

Total %

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

No minimum

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

1

10

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

11 Table 56 of Schedule 3 to the Regulations is amended by adding the following at the end of that Table:

Grade Name

Standard of Quality

    

Maximum Limits of Foreign Material

Minimum Test Weight kg/hL

Variety

Minimum Protein %

Degree of Soundness

Ergot %

Excreta %

Matter Other Than Cereal Grains %

Sclerotinia %

Stones %

Total %

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

No minimum

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

0.1

0.03

1

0.1

0.1

10

12 Table 58 of Schedule 3 to the Regulations is repealed.

13 Schedule 3 to the Regulations is amended by adding the following after Table 59:

TABLE 60

Wheat, Canada Northern Hard Red (CNHR)

Grade Name

Standard of Quality

Maximum Limits of

Minimum Test Weight kg/hL

Variety

Minimum Protein %

Degree of Soundness

Foreign Material

Wheats of Other Classes or Varieties

Matter Other Than Cereal Grains %

Total %

Contrasting Classes %

Total %

No. 1 CNHR

75

Any variety of the class CNHR designated as such by order of the Commission

11

Reasonably well matured, reasonably free from damaged kernels

0.2

0.6

0.75

2.3

No. 2 CNHR

72

Any variety of the class CNHR 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

0.3

1.2

2.3

4.5

No. 3 CNHR

69

Any variety of the class CNHR designated as such by order of the Commission

No minimum

May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels

0.5

2.4

3.8

7.5

CW Feed

65

Any class or variety of wheat excluding amber durum and any variety of the class CWSP

No minimum

Reasonably sweet, excluded from other grades of wheat on account of damaged kernels

1

10

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

TABLE 61

Wheat, Canada Western Special Purpose (CWSP)

Grade Name

Minimum Test Weight kg/hL

Variety

Maximum Limits of

Heated %

Fusarium %

Excreta %

Total Foreign Material %

No. 1 CWSP

72

Any variety of the class CWSP designated as such by order of the Commission

2.5

1

0.03

5

No. 2 CWSP

65

Any variety of the class CWSP designated as such by order of the Commission

2.5

4

0.03

10

Coming into Force

14 (1) These Regulations, except section 9, come into force on August 1, 2016.

(2) Section 9 comes into force on July 1, 2016, but if the Regulations are registered after that day, that section comes into force on the day on which they are registered.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

SCHEDULE 3 AMENDMENTS — 2016

Tables 1, 2, 3, 4, 5, 17, 18, 53, 56 and 58 — Canada Western wheat classes

Rationale — The Canadian Grain Commission (CGC) has undertaken a project to modernize the wheat classes in Western Canada. This process has involved a working group at the CGC to review and develop a proposal for the wheat industry. The CGC distributed the discussion document on February 20, 2015. The CGC received 45 written submissions representing 150 organizations and the CGC had further discussions with stakeholders to determine the best way to proceed. The CGC has also spoken to numerous producer organizations over the last year to gather feedback and inform producers of the potential changes. At the March 11, 2016, Wheat Sub-committee meeting and the April 5, 2016, meeting of the Western Standards Committee (WSC), a motion was passed to

The decision to eliminate the CW Feed class does not change the need for the CW Feed grade within the CW grades determinant tables. This decision necessitates the need to add a feed grade to all western wheat classes (Tables 1, 2, 3, 4, 17, 18, 53 and 56) except the Canada Western Amber Durum and the Canada Western Special Purpose classes. The wheat class modernization will not affect the process of grading grain in Canada.

Table 7 and Table 45 — Oats, Canada Western and Canada Eastern

Rationale — At the April 5, 2016, Western Standards Committee meeting and the April 6, 2016, Eastern Standards Committee meeting, a motion was passed to add a colour definition to the degree of soundness definition to the No. 4 grade. The recommendation was brought forward as a result of industry consultation. This change will clarify how inspectors should grade samples that do not qualify for the No. 3 grade on account of weather damage.

The industry has been notified of the changes, and these changes will be implemented July 1, 2016, for Eastern Canada and August 1, 2016, for Western Canada.