Regulations Amending the Canada Grain Regulations: SOR/2019-211

Canada Gazette, Part II, Volume 153, Number 13

Registration

SOR/2019-211 June 14, 2019

CANADA GRAIN ACT

The Canadian Grain Commission, pursuant to subsections 16(1) ^{footnote a} and (2) ^{footnote b} of the Canada Grain Act ^{footnote c}, makes the annexed Regulations Amending the Canada Grain Regulations.

Winnipeg, May 31, 2019

Patti Miller
Chief Commissioner and Deputy Head

Doug Chorney
Assistant Chief Commissioner

Lonny McKague
Commissioner

Regulations Amending the Canada Grain Regulations

Amendments

1 Schedule 3 to the Canada Grain Regulations ^{footnote 1} is amended by adding the following before Table 1:

Rounding

1 For the purpose of determining the characteristics of a grain, any value that is calculated in relation to a criterion set out in this schedule shall be:

• (a) if the criterion is expressed as a whole number, rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number;
• (b) if the criterion is expressed as a decimal in tenths of a whole number, rounded to the nearest tenth of a whole number, or if the value is equidistant between two consecutive tenths, rounded up to the nearest tenth of a whole number; and
• (c) if the criterion is expressed as a decimal in hundredths of a whole number, rounded to the nearest hundredth of a whole number, or if the value is equidistant between two consecutive hundredths, rounded up to the nearest hundredth of a whole number.

2 Tables 1 to 7 of Schedule 3 to the Regulations are 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	10.0	Reasonably well matured, reasonably free from damaged kernels	0.2	0.6	0.8	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
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	1.0	10.0	10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP	10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP

TABLE 2

Wheat, Canada Western Red Winter (CWRW)

	Standard of Quality				Maximum Limits of
					Foreign Material		Wheats of Other Classes or Varieties
Grade Name	Minimum Test Weight kg/hL	Variety	Minimum Protein %	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Contrasting Classes %	Total %
No. 1 CWRW	79	Any variety of the class CWRW designated as such by order of the Commission	11.0	Reasonably well matured, reasonably free from damaged kernels	0.2	0.4	1	3
No. 2 CWRW	76	Any variety of the class CWRW designated as such by order of the Commission	11.0	Fairly well matured, may be moderately frost-damaged, reasonably free from severely damaged kernels	0.3	0.7	2	5
No. 3 CWRW	74	Any variety of the class CWRW 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	1.3	3	10
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	1.0	10.0	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 3

Wheat, Canada Western Extra Strong (CWES)

	Standard of Quality				Maximum Limits of
					Foreign Material		Wheats of Other Classes or Varieties
Grade Name	Minimum Test Weight kg/hL	Variety	Minimum Protein %	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Contrasting Classes %	Total %
No. 1 CWES	75	Any variety of the class CWES designated as such by order of the Commission	10.0	Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels	0.2	0.8	1.5	3
No. 2 CWES	73	Any variety of the class CWES designated as such by order of the Commission	No minimum	May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels	0.3	1.5	2.5	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	1.0	10.0	10.0%, 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 4

Wheat, Canada Western Soft White Spring (CWSWS)

	Standard of Quality			Maximum Limits of
				Foreign Material
Grade Name	Minimum Test Weight kg/hL	Variety	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Wheats of Other Classes or Varieties
No. 1 CWSWS	76	Any variety of the class CWSWS designated as such by order of the Commission	Reasonably well matured, reasonably free from damaged kernels	0.2	1.0	3
No. 2 CWSWS	74	Any variety of the class CWSWS designated as such by order of the Commission	Fairly well matured, may be moderately weather-damaged, reasonably free from severely damaged kernels	0.3	2.0	6
No. 3 CWSWS	69	Any variety of the class CWSWS designated as such by order of the Commission	May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels	0.5	3.0	10
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	1.0	10.0	10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

TABLE 6

Wheat, Canada Western Amber Durum (CWAD)

	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 CWAD	79	Any variety of the class CWAD designated as such by order of the Commission	80	9.5	Reasonably well matured, reasonably free from damaged kernels	0.2	0.5	2.0	4
No. 2 CWAD	77	Any variety of the class CWAD designated as such by order of the Commission	60	No minimum	Reasonably well matured, reasonably free from severely damaged kernels	0.3	1.2	3.0	8
No. 3 CWAD	74	Any variety of the class CWAD designated as such by order of the Commission	40	No minimum	Fairly well matured, may be moderately weather-damaged or frost-damaged, reasonably free from severely damaged kernels	0.5	1.5	4.3	11
No. 4 CWAD	71	Any variety of the class CWAD 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	3.0	10.0	49
No. 5 CWAD	65	Any varieties of amber durum wheat	No minimum	No minimum	Reasonably sweet, excluded from higher grades on account of light weight or damaged kernels	1.0	10.0	49.0	No limit

TABLE 7

Oats, Canada Western (CW)

	Standard of Quality		Maximum Limits of
			Damage			Foreign Material
Grade Name	Minimum Test Weight kg/hL	Degree of Soundness	Heated %	Frost %	Total %	Barley %	Cereal Grains Other Than Wheat or Barley %	Large Seeds %	Wheat %	Wild Oats %	Total Damage and Foreign Material %
No. 1 CW	56	Good colour, 98% sound groats	0.0	0.1	2	0.8	1	0.2	0.8	1	2
No. 2 CW	53	Good colour, 96% sound groats	0.1	4.0	4	1.5	2	0.3	1.5	2	4
No. 3 CW	51	Fair colour, 94% sound groats	0.5	6.0	6	3.0	3	0.5	3.0	3	6
No. 4 CW	48	Poor colour, 92% sound groats	1.0	No limit table 7 note*	8	8.0	8	1.0	8.0	8	8
Table 7 Notes Table 7 Note * Not included in total damage. Return to table 7 note * referrer

3 Table 9 of Schedule 3 to the Regulations is replaced by the following:

TABLE 9

Barley, Canada Western General Purpose (CW)

	Standard of Quality		Maximum Limits of Foreign Material
Grade Name	Minimum Test Weight kg/hL	Degree of Soundness	Inseparable Seeds %	Other Cereal Grains %	Wild Oats %	Total %
No. 1 CW	63	Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged	0.2	2.5	1.0	2.5
No. 2 CW	57	Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels	0.2	8.0	2.5	10.0
No. 1 CW Hulless	72	Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged	0.2	2.5	1.0	2.5
No. 2 CW Hulless	65	Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels	0.2	8.0	2.5	10.0

4 Tables 11 and 12 of Schedule 3 to the Regulations are replaced by the following:

TABLE 11

Rye, Canada Western (CW)

	Standard of Quality		Maximum Limits of Foreign Material
Grade Name	Minimum Test Weight kg/hL	Degree of Soundness	Cereal Grains Other Than Wheat %	Ergot %	Matter Other Than Cereal Grains %	Total %
No. 1 CW	72	Well matured, practically free from weather-damaged kernels	2	0.05	0.5	2
No. 2 CW	69	Reasonably well matured, reasonably free from weather-damaged kernels	3	0.20	1.0	5
No. 3 CW	63	Excluded from higher grades on account of damaged kernels	10	0.33	2.0	10

TABLE 12

Flaxseed, Canada Western (CW)

	Standard of Quality			Standard of Cleanliness	Maximum Limits of Damage
Grade Name	Minimum Test Weight kg/hL	Variety	Degree of Soundness	Commercially Pure Seed %	Heated %	Total %
No. 1 CW	65	Any variety of the class Flaxseed, Canada Western designated as such by order of the Commission	Mature and sweet	Not more than 1.0% of other seeds that are not readily separable from flaxseed, to be assessed as dockage	0.1	13
No. 2 CW	62	Any variety of the class Flaxseed, Canada Western designated as such by order of the Commission	Reasonably well matured and sweet	Not more than 1.5% of other seeds that are not readily separable from flaxseed, to be assessed as dockage	0.2	25
No. 3 CW	No minimum	Any variety of flaxseed	Excluded from higher grades on account of light weight or damaged seeds, may have the natural odour associated with low-quality seed, not distinctly sour, musty, rancid or having any odour that would indicate serious deterioration	Not more than 2.0% of other seeds that are not readily separable from flaxseed, to be assessed as dockage	10.0	No limit

5 Table 15 of Schedule 3 to the Regulations is amended by replacing the number “1” in the column under the heading “Heated %” opposite “No. 4 CW” in the column under the heading “Grade Name” with the number “1.0”.

6 Table 15 of Schedule 3 to the Regulations is amended by replacing the number “3” in the column under the heading “Heated %” opposite “No. 5 CW” in the column under the heading “Grade Name” with the number “3.0”.

7 Table 16 of Schedule 3 to the Regulations is replaced by the following:

TABLE 16

Safflower Seed, Canada (Can)

	Standard of Quality	Maximum Limits of
		Damage		Foreign Material		Hulls
Grade Name	Degree of Soundness	Heated %	Total %	Matter Other Than Cereal Grains %	Total %	Empty Hulls %	Dehulled Seeds %
No. 1 Canada	Well matured, good natural colour	0.0	3	0.2	0.5	0.5	2
No. 2 Canada	Reasonably well matured, may be moderately weather-stained	0.0	10	0.5	2.0	1.0	5
No. 3 Canada	Excluded from higher grades on account of weather-staining, may have the odour associated with low-quality seed, not distinctly sour, musty or rancid	1.0	10	1.0	5.0	2.0	8

8 Table 17 of Schedule 3 to the Regulations is amended by replacing the number “0.75” in the column under the headings “Foreign Material” and “Total %” opposite “No. 1 CPSR” in the column under the heading “Grade Name” with the number “0.8”.

9 Table 17 of Schedule 3 to the Regulations is amended by replacing the number “1” in the column under the headings “Foreign Material” and “Material Other Than Cereal Grains %”,opposite “CW Feed” in the column under the heading “Grade Name”with the number “1.0”.

10 Table 17 of Schedule 3 to the Regulations is amended by replacing the number “10” in the column under the headings “Foreign Material” and “Total %” opposite “CW Feed” in the column under the heading “Grade Name” with the number “10.0”.

11 Table 18 of Schedule 3 to the Regulations is amended by replacing the number “0.75” in the column under the headings “Foreign Material” and “Total %” opposite “No. 1 CPSW” in the column under the heading “Grade Name” with the number “0.8”.

12 Table 18 of Schedule 3 to the Regulations is amended by replacing the number “1” in the column under the headings “Foreign Material” and “Materials Other Than Cereal Grains %” opposite “CW Feed” in the column under the heading “Grade Name” with the number “1.0”.

13 Table 18 of Schedule 3 to the Regulations is amended by replacing the number “10” in the column under the headings “Foreign Material” and “Total %” opposite “CW Feed” in the column under the heading “Grade Name” with the number “10.0”.

14 Table 19 of Schedule 3 to the English version of Regulations is amended by replacing the expression “Not more than 1% of other seeds that are conspicuous and that are not readily separable from canola, to be assessed as dockage” in the column under the heading “Commercially Pure Seed” opposite “No. 1 Canada” in the column under the heading “Grade Name” with the expression “Not more than 1.0% of other seeds that are conspicuous and that are not readily separable from canola, to be assessed as dockage”.

15 Table 19 of Schedule 3 to the Regulations is amended by replacing the expression “Not more than 2% of other seeds that are conspicuous and that are not readily separable from canola, to be assessed as dockage” in the column under the heading “Commercially Pure Seed” opposite “No. 3 Canada” in the column under the heading “Grade Name” with the expression “Not more than 2.0% of other seeds that are conspicuous and that are not readily separable from canola, to be assessed as dockage”.

16 Table 19 of Schedule 3 to the Regulations is amended by replacing the number “2” in the column under the heading “Heated %” opposite “No. 3 Canada” in the column under the heading “Grade Name” with the number “2.0”.

17 Table 20 of Schedule 3 to the Regulations is amended by replacing the number “1” in the column under the heading “Heated %” opposite “No. 2 Canada” in the column under the heading “Grade Name” with the number “1.0”.

18 Table 21 of Schedule 3 to the Regulations is amended by replacing the number “1” in the column under the heading “Heated %” opposite “No. 2 Canada” in the column under the heading “Grade Name” with the number “1.0”.

19 Tables 22 to 25 of Schedule 3 to the Regulations are replaced by the following:

TABLE 22

Buckwheat, Canada (Can)

	Standard of Quality		Maximum Limits of
			Damage			Foreign Material
Grade Name	Minimum Test Weight kg/hL	Degree of Soundness	Dehulled %	Immature %	Total %	Cereal Grains %	Matter Other Than Cereal Grains %	Total %
No. 1 Canada	58	Cool and sweet	1	1.5	4	1.0	0.2	1
No. 2 Canada	55	Cool and sweet	2	1.5	8	2.5	1.0	3
No. 3 Canada	No minimum	May have a ground or grassy odour, not musty or sour	5	5.0	20	5.0	2.0	5

TABLE 23

Soybeans, Canada Yellow, Green, Brown, Black or Mixed (Can)

	Standard of Quality		Maximum Limits of
					Damage		Foreign Material
Grade Name	Minimum Test Weight kg/hL	Degree of Soundness	Splits %	Other Colours or Bicoloured Other Than for Mixed Soybeans %	Heat-Damaged or Mouldy %	Total %	Foreign Material Other Than Grain %	Total %
No. 1 Canada	70	Cool, natural odour, good natural colour	10	2	0.0	2	0.1	1
No. 2 Canada	68	Cool, natural odour, slightly stained	15	3	0.2	3	0.3	2
No. 3 Canada	66	Cool, natural odour, may be stained	20	5	1.0	5	0.5	3
No. 4 Canada	63	Cool, may be badly stained	30	10	3.0	8	2.0	5
No. 5 Canada	59	Cool, may be badly stained	40	15	5.0	15	3.0	8

Note: The colour is added to the grade name.

TABLE 24

Peas, Canada, Other Than Green (Can)

	Standard of Quality	Maximum Limits of
					Damage
Grade Name	Colour	Peas of Other Colours %	Foreign Material %	Cracked Seed Coats Including Splits %	Shrivelled %	Splits %	Heated %	Insect Damage %	Other Damage %	Total %
No. 1 Canada	Good natural colour	1.0	0.2	5	3	1	0.00	1.0	3	3
No. 2 Canada	Fair colour	2.0	0.5	10	5	3	0.05	1.5	5	5
Extra No. 3 Canada	Fair colour	2.0	0.5	13	5	5	0.05	1.5	5	9
No. 3 Canada	Off-colour	3.0	1.0	15	7	5	0.20	4.0	10	10

Note: The variety or colour is added to the grade name.

TABLE 25

Peas, Canada Green (Can)

	Standard of Quality	Maximum Limits of
		Other Classes and Bleached					Damage
Grade Name	Colour	Other Classes %	Bleached %	Total %	Foreign Material %	Cracked Seed Coats Including Splits %	Heated %	Insect Damage %	Other damage %	Shrivelled %	Splits %	Total %
No. 1 Canada	Good natural colour	0.5	2.0	2.0	0.1	5	0.0	0.3	2	2	1	3
No. 2 Canada	Fair colour	1.0	3.0	4.0	0.2	8	0.1	0.8	4	4	1	5
No. 3 Canada	Off- colour	2.0	5.0	7.0	0.5	13	0.5	2.5	10	8	5	12

Note: The variety or colour is added to the grade name.

20 Table 26 of Schedule 3 to the Regulations is amended by replacing the expression “Nil” in the column under the heading “Fireburnt %” opposite “Canada Feed Peas” in the column under the heading “Grade Name” with the number “0.0”.

21 Table 27 of Schedule 3 to the Regulations is amended by replacing the expression “Not more than 1% of other seeds that are conspicuous and that are not readily separable from rapeseed, to be assessed as dockage” in the column under the heading “Commercially Pure Seed” opposite “No. 1 Canada” in the column under the heading “Grade Name” with the expression “Not more than 1.0% of other seeds that are conspicuous and that are not readily separable from rapeseed, to be assessed as dockage”.

22 Table 27 of Schedule 3 to the Regulations is amended by replacing the expression “Not more than 2% of other seeds that are conspicuous and that are not readily separable from rapeseed, to be assessed as dockage” in the column under the heading “Commercially Pure Seed” opposite “No. 3 Canada” in the column under the heading “Grade Name” with the expression “Not more than 2.0% of other seeds that are conspicuous and that are not readily separable from rapeseed, to be assessed as dockage”.

23 Table 27 of Schedule 3 to the Regulations is amended by replacing the number “2” in the column under the heading “Heated %” opposite “No. 3 Canada” in the column under the heading “Grade Name” with the number “2.0”.

24 Tables 28 to 36 of Schedule 3 to the Regulations are replaced by the following:

TABLE 28

Domestic Mustard Seed, Brown, Canada (Can)

	Standard of Quality	Maximum Limits of
			Damage			Conspicuous Inseparable Seeds
Grade Name	Degree of Soundness	Other Classes %	Distinctly Green %	Heated %	Total %	Distinctly Detrimental %	Total %
No. 1 Canada, Brown	Reasonably well matured, sweet, good natural colour	1	1.5	0.1	1.5	0.1	0.3
No. 2 Canada, Brown	Fairly well matured, sweet, reasonably good colour	2	2.0	0.2	3.0	0.2	0.5
No. 3 Canada, Brown	May have the natural odour associated with low-quality seed, not any odour that would indicate serious deterioration	5	3.5	0.5	5.0	0.3	0.7
No. 4 Canada, Brown	May have the natural odour associated with low-quality seed, not any odour that would indicate serious deterioration	10	3.5	1.0	10.0	1.0	3.0

TABLE 28.1

Domestic Mustard Seed, Oriental, Canada (Can)

	Standard of Quality	Maximum Limits of
			Damage			Conspicuous Inseparable Seeds
Grade Name	Degree of Soundness	Other Classes %	Distinctly Green %	Heated %	Total %	Distinctly Detrimental %	Total %
No. 1 Canada, Oriental	Reasonably well matured, sweet, good natural colour	1	1.5	0.1	1.5	0.1	0.3
No. 2 Canada, Oriental	Fairly well matured, sweet, reasonably good colour	2	1.5	0.2	3.0	0.2	0.5
No. 3 Canada, Oriental	May have the natural odour associated with low-quality seed, not any odour that would indicate serious deterioration	5	3.5	0.5	5.0	0.3	0.7
No. 4 Canada, Oriental	May have the natural odour associated with low-quality seed, not any odour that would indicate serious deterioration	10	3.5	1.0	10.0	1.0	3.0

TABLE 28.2

Domestic Mustard Seed, Yellow, Canada (Can)

	Standard of Quality	Maximum Limits of
			Damage			Conspicuous Inseparable Seeds
Grade Name	Degree of Soundness	Other Classes %	Distinctly Green %	Heated %	Total %	Distinctly Detrimental %	Total %
No. 1 Canada, Yellow	Reasonably well matured, sweet, good natural colour	1	1.5	0.1	1.5	0.1	0.3
No. 2 Canada, Yellow	Fairly well matured, sweet, reasonably good colour	2	1.5	0.2	3.0	0.2	0.5
No. 3 Canada, Yellow	May have the natural odour associated with low-quality seed, may not have any odour that would indicate serious deterioration	5	3.5	0.5	5.0	0.3	0.7
No. 4 Canada, Yellow	May have the natural odour associated with low-quality seed, may not have any odour that would indicate serious deterioration	10	3.5	1.0	10.0	1.0	3.0

TABLE 29

Triticale, Canada

	Standard of Quality		Maximum Limits of Foreign Material
Grade Name	Minimum Test Weight kg/hL	Degree of Soundness	Cereal Grains Other Than Wheat %	Matter Other Than Cereal Grains %	Total %
No. 1 Canada	65	Reasonably well matured, reasonably free from damaged kernels	1	0.5	2.5
No. 2 Canada	62	Fairly well matured, reasonably free from severely damaged kernels	2	1.0	4.0
No. 3 Canada	No minimum	Reasonably sweet, excluded from higher grades on account of light weight or damaged kernels	3	2.0	7.0

TABLE 30

Pea Beans, Canada (Can)

		Maximum Limits of
			Foreign Material
Grade Name	Standard of Quality	Other Classes That Blend %	Stones, Shale or Similar Material %	Total %	Contrasting Classes %	Total Damage, Foreign Material and Contrasting Classes %	Total Damage, Including Splits, Foreign Material and Contrasting Classes %
Extra No. 1 Canada	Uniform in size, good natural colour	1	0.01	0.05	0.1	1.0	1.0
Canada No. 1 Select	Fairly good colour	1	0.01	0.05	0.1	1.5	2.0
No. 1 Canada	Reasonably good colour	1	0.05	0.10	0.1	1.5	2.0
No. 2 Canada	Fairly good colour	5	0.10	0.20	1.0	3.0	4.0
No. 3 Canada	Fairly good colour	5	0.20	0.50	1.0	5.0	6.0
No. 4 Canada	Off-colour	5	0.20	0.50	1.0	8.5	10.0

TABLE 31

Beans, Canada Cranberry, Blackeye or Yelloweye (Can)

		Maximum Limits of
			Foreign Material
Grade Name	Standard of Quality	Other Classes That Blend %	Stones, Shale or Similar Material %	Total %	Contrasting Classes %	Total Damage, Foreign Material and Contrasting Classes %	Total Damage, Including Splits, Foreign Material and Contrasting Classes %
Extra No. 1 Canada	Uniform in size, good natural colour	1	0.00	0.05	1.0	1.0	1.0
No. 1 Canada	Reasonably good colour	3	0.05	0.10	1.5	1.5	3.5
No. 1 Canada Select	Fairly good colour	3	0.05	0.10	1.5	1.5	3.5
No. 2 Canada	Fairly good colour	5	0.10	0.20	3.0	3.0	5.5
No. 3 Canada	Fairly good colour	10	0.20	0.50	5.0	5.0	7.5
No. 4 Canada	Off-colour	15	0.50	1.00	8.5	8.5	10.0

Note: The class name is added to the grade name.

TABLE 32

Beans, Canada, Other Than Cranberry, Blackeye, Yelloweye or Pea Beans (Can)

		Maximum Limits of
			Foreign Material
Grade Name	Standard of Quality	Other Classes That Blend %	Stones, Shale or Similar Material %	Total %	Contrasting Classes %	Total Damage, Foreign Material and Contrasting Classes %	Total Damage, Including Splits, Foreign Material and Contrasting Classes %
Extra No. 1 Canada	Uniform in size, good natural colour	1	0.00	0.05	1.0	1.0	1.0
No. 1 Canada	Reasonably good colour	3	0.05	0.10	1.5	1.5	2.0
No. 1 Canada Select	Fairly good colour	3	0.05	0.10	1.5	1.5	2.0
No. 2 Canada	Fairly good colour	5	0.10	0.20	3.0	3.0	4.0
No. 3 Canada	Fairly good colour	10	0.20	0.50	5.0	5.0	6.0
No. 4 Canada	Off-colour	15	0.50	1.00	8.5	8.5	10.0

Note: The class name is added to the grade name.

TABLE 33

Chick Peas, Canada Western Desi (CW)

	Maximum Limits of
Grade Name	Damage %	Mechanical Damage Including Splits %	Green %	Foreign Material %
No. 1 CW	1	2.0	1.0	0.1
No. 2 CW	2	3.5	2.0	0.2
No. 3 CW	3	5.0	3.0	0.2

TABLE 34

Chick Peas, Canada Western Kabuli (CW)

	Standard of Quality	Maximum Limits of
Grade Name	Colour	Damage %	Mechanical Damage Including Splits %	Green %	Foreign Material %
No. 1 CW	Good natural colour	0.5	1	0.5	0.1
No. 2 CW	Fair colour	1.0	2	1.0	0.2
No. 3 CW	Poor colour	2.0	3	2.0	0.2

TABLE 35

Lentils, Canada, Other Than Red (Can)

	Standard of Quality	Maximum Limits of
				Damage				Foreign Material
Grade Name	Degree of Soundness	Contrasting Colours %	Stained %	Heated %	Peeled, Split and Broken %	Other Damage %	Total %	Stones %	Total %
No. 1 Canada	Uniform size, good natural colour	0.2	1	0.2	2.0	1.0	2.0	0.1	0.2
No. 2 Canada	Uniform size, reasonably good natural colour	0.5	4	0.5	3.5	2.0	3.5	0.2	0.5
Extra No. 3 Canada	Uniform size, fair colour	2.0	7	0.5	5.0	5.0	5.0	0.2	0.5
No. 3 Canada	Poor colour	3.0	No limit	1.0	10.0	10.0	10.0	0.2	1.0

TABLE 36

Lentils, Canada Red (Can)

	Standard of Quality				Maximum Limits of
	Degree of Soundness				Damage						Foreign Material
Grade Name		Copper %	Total copper including bleach %	Contrasting Classes %	Heated %	Peeled, Split and Broken %	Other Damage %	Total %	Wrinkled %	Total Damage Including Wrinkled %	Stones %	Total %
No. 1 Canada Red	Uniform size, good natural colour	1	3	0.2	0.2	2.0	1.0	2.0	2.0	4.0	0.1	0.2
No. 2 Canada Red	Uniform size, reasonably good natural colour	3	10	0.5	0.5	3.5	2.0	3.5	5.0	8.0	0.2	0.5
Extra No. 3 Canada Red	Uniform size, fair colour	10	25	2.0	0.5	5.0	5.0	5.0	N/A	N/A	0.2	0.5
No. 3 Canada Red	Poor colour	No limit	No limit	3.0	1.0	10.0	10.0	10.0	N/A	N/A	0.2	1.0

25 Table 37 of Schedule 3 to the Regulations is amended by replacing the number “2” in the column under the headings “Foreign Material” and “Total %” opposite “No. 3 Canada” in the column under the heading “Grade Name” with the number “2.0”.

26 Tables 38 to 43 of Schedule 3 to the Regulations are replaced by the following:

TABLE 39

Wheat, Canada Eastern Red Spring (CERS)

	Standard of Quality			Maximum Limits of
				Foreign Material
Grade Name	Minimum Test Weight kg/hL	Variety	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Contrasting Classes %
No. 1 CERS	75	Any variety of the class CERS designated as such by order of the Commission	Reasonably well matured, reasonably free from damaged kernels	0.2	0.8	1
No. 2 CERS	72	Any variety of the class CERS designated as such by order of the Commission	Fairly well matured, may be moderately weather-damaged, reasonably free from severely damaged kernels	0.3	1.5	3
No. 3 CERS	69	Any variety of the class CERS designated as such by order of the Commission	May be immature or weather-damaged, moderately free from severely damaged kernels	0.5	3.5	5
No. 4 CERS	65	Any variety of the class CERS designated as such by order of the Commission	Reasonably sweet, excluded from other grades of wheat on account of damaged kernels	1.0	10.0	10%, either alone or in combination with each other, amber durum and any variety of the class CEOW

TABLE 40

Wheat, Canada Eastern Hard Red Winter (CEHRW)

	Standard of Quality			Maximum Limits of
				Foreign Material
Grade Name	Minimum Test Weight kg/hL	Variety	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Contrasting Classes %
No. 1 CEHRW	76	Any variety of the class CEHRW designated as such by order of the Commission	Reasonably well matured, reasonably free from damaged kernels	0.2	0.8	1
No. 2 CEHRW	74	Any variety of the class CEHRW designated as such by order of the Commission	Fairly well matured, may be moderately weather-damaged, reasonably free from severely damaged kernels	0.3	1.5	3
No. 3 CEHRW	69	Any variety of the class CEHRW designated as such by order of the Commission	May be immature or weather-damaged, moderately free from severely damaged kernels	0.5	3.5	5
No. 4 CEHRW	65	Any variety of the class CEHRW designated as such by order of the Commission	Reasonably sweet, excluded from other grades of wheat on account of damaged kernels	1.0	10.0	10%, either alone or in combination with each other, amber durum and any variety of the class CEOW

TABLE 41

Wheat, Canada Eastern Soft Red Winter (CESRW)

	Standard of Quality			Maximum Limits of
				Foreign Material
Grade Name	Minimum Test Weight kg/hL	Variety	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Contrasting Classes %
No. 1 CESRW	76	Any variety of the class CESRW designated as such by order of the Commission	Reasonably well matured, reasonably free from damaged kernels	0.2	0.8	1
No. 2 CESRW	74	Any variety of the class CESRW designated as such by order of the Commission	Fairly well matured, may be moderately weather-damaged, reasonably free from severely damaged kernels	0.3	1.5	3
No. 3 CESRW	69	Any variety of the class CESRW designated as such by order of the Commission	May be immature or weather-damaged, moderately free from severely damaged kernels	0.5	3.5	5
No. 4 CESRW	65	Any variety of the class CESRW designated as such by order of the Commission	Reasonably sweet, excluded from other grades of wheat on account of damaged kernels	1.0	10.0	10%, either alone or in combination with each other, amber durum and any variety of the class CEOW

TABLE 42

Wheat, Canada Eastern White Winter (CEWW)

	Standard of Quality			Maximum Limits of
				Foreign Material		Wheat of Other Classes or Varieties
Grade Name	Minimum Test Weight kg/hL	Variety	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Contrasting Classes %	Total %
No. 1 CEWW	76	Any variety of the class CEWW designated as such by order of the Commission	Reasonably well matured, reasonably free from damaged kernels	0.2	1.0	1	5
No. 2 CEWW	74	Any variety of the class CEWW designated as such by order of the Commission	Fairly well matured, may be moderately weather-damaged, reasonably free from severely damaged kernels	0.3	2.0	2	6
No. 3 CEWW	69	Any variety of the class CEWW designated as such by order of the Commission	May be immature or weather-damaged, moderately free from severely damaged kernels	0.5	3.0	3	10
No. 4 CEWW	65	Any variety of the class CEWW designated as such by order of the Commission	Reasonably sweet, excluded from other grades of wheat on account of damaged kernels	1.0	10.0	10%, either alone or in combination with each other, amber durum and any variety of the class CEOW	10%, either alone or in combination with each other, amber durum and any variety of the class CEOW

27 Table 44 of Schedule 3 to the Regulations is amended by replacing the expression “Reasonably sweet, excluded from other grades of wheat on account of damaged kernels ” in the column under the heading “Degree of Soundness” opposite “CE Feed” in the column under the heading “Grade Name” with the expression “Reasonably sweet, may be immature or weather damaged”.

28 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	0.0	2	0.8	0.8	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	3.0	3.0	3	6
No. 4 CE	43	Poor colour, 92% sound groats	1.0	8, excluding frost	8.0	8.0	8	8, excluding frost

29 Table 47 of Schedule 3 to the Regulations is replaced by the following:

TABLE 47

Barley, Canada Eastern General Purpose (CE)

	Standard of Quality		Maximum Limits of Foreign Material
Grade Name	Minimum Test Weight kg/hL	Degree of Soundness	Inseparable Seeds %	Other Cereal Grains %	Wild Oats %	Total %
No. 1 CE	60	Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged	0.2	2.5	1.0	2.5
No. 2 CE	54	Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels	0.2	8.0	2.5	10.0
No. 1 CE Hulless	72	Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged	0.2	2.5	1.0	2.5
No. 2 CE Hulless	65	Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels	0.2	8.0	2.5	10.0

30 Tables 49 and 50 of Schedule 3 to the Regulations are replaced by the following:

TABLE 49

Rye, Canada Eastern (CE)

	Standard of Quality		Maximum Limits of Foreign Material
Grade Name	Minimum Test Weight kg/hL	Degree of Soundness	Cereal Grains Other Than Wheat %	Ergot %	Matter Other Than Cereal Grains %	Total %
No. 1 CE	72	Well matured, practically free from weather-damaged kernels	2	0.05	0.5	2
No. 2 CE	69	Reasonably well matured, reasonably free from weather-damaged kernels	3	0.20	1.0	5
No. 3 CE	63	Excluded from higher grades on account of damaged kernels	10	0.33	2.0	10

TABLE 50

Flaxseed, Canada Eastern (CE)

	Standard of Quality			Standard of Cleanliness	Maximum Limits of Damage
Grade Name	Minimum Test Weight kg/hL	Variety	Degree of Soundness	Commercially Pure Seed %	Heated %	Total %
No. 1 CE	65	Any variety of the class Flaxseed, Canada Eastern designated as such by order of the Commission	Mature and sweet	Not more than 1.0% of other seeds that are not readily separable from flaxseed, to be assessed as dockage	0.1	13
No. 2 CE	62	Any variety of the class Flaxseed, Canada Eastern designated as such by order of the Commission	Reasonably well matured and sweet	Not more than 1.5% of other seeds that are not readily separable from flaxseed, to be assessed as dockage	0.2	25
No. 3 CE	No minimum	Any variety of flaxseed	Excluded from higher grades on account of light weight or damaged seeds, may have the natural odour associated with low-quality seed, not distinctly sour, musty or rancid, or any odour that would indicate serious deterioration	Not more than 2.0% of other seeds that are not readily separable from flaxseed, to be assessed as dockage	10.0	No limit

31 Table 52 of Schedule 3 to the Regulations is amended by replacing the number “1” in the column under the heading “Heated %” opposite “No. 4 CE” in the column under the heading “Grade Name” with the number “1.0”.

32 Table 52 of Schedule 3 to the Regulations is amended by replacing the number “3” in the column under the heading “Heated %” opposite “No. 5 CE” in the column under the heading “Grade Name” with the number “3.0”.

33 Table 53 of Schedule 3 to the Regulations is replaced by the following:

TABLE 53

Wheat, Canada Western Experimental (CW EXPRMTL)

	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 %	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Contrasting Classes %	Total %
No. 1 CW EXPRMTL	75	Any wheat variety of the class Canada Western Experimental designated as such by order of the Commission	65	Reasonably well matured, reasonably free from damaged kernels	0.2	0.6	0.5	1.5
No. 2 CW EXPRMTL	72	Any wheat variety of the class Canada Western Experimental 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	1.5	3.0
No. 3 CW EXPRMTL	69	Any wheat variety of the class Canada Western Experimental 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	2.5	5.0
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	1.0	10.0	10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP	10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP

34 Table 55 of Schedule 3 to the Regulations is replaced by the following:

TABLE 55

Wheat, Canada Eastern Amber Durum (CEAD)

	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 %	Degree of Soundness	Matter Other Than Cereal Grains %	Total %	Other Classes %	Total %
No. 1 CEAD	79	Any variety of the class CEAD designated as such by order of the Commission	80	Reasonably well matured, reasonably free from damaged kernels	0.2	0.5	2	5
No. 2 CEAD	77	Any variety of the class CEAD designated as such by order of the Commission	60	Reasonably well matured, reasonably free from severely damaged kernels	0.3	1.5	4	10
No. 3 CEAD	74	Any variety of the class CEAD designated as such by order of the Commission	40	Fairly well matured, may be moderately weather-damaged or frost-damaged, reasonably free from severely damaged kernels	0.5	2.0	5	15
No. 4 CEAD	65	Any variety of amber durum wheat	No minimum	Reasonably sweet, excluded from higher grades on account of light weight or damaged kernels	1.0	10.0	49	No limit

35 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	10.0	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	0.01	0.5	0.04	0.06	2.4
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	0.10	0.03	1.0	0.10	0.10	10.0

36 Table 57 of Schedule 3 to the Regulations is replaced by the following:

TABLE 57

Wheat, Canada Eastern Other Wheats (CEOW)

	Standard of Quality			Maximum Limits of Foreign Material
Grade Name	Minimum Test Weight kg/hL	Variety	Degree of Soundness	Matter Other Than Cereal Grains %	Total %
No. 1 CEOW	74	Any variety of the class CEOW designated as such by order of the Commission	Fairly well matured, may be moderately weather-damaged, reasonably free from severely damaged kernels	0.3	1.5
No. 2 CEOW	69	Any variety of the class CEOW designated as such by order of the Commission	May be immature or weather-damaged, moderately free from severely damaged kernels	0.5	3.5
No. 3 CEOW	65	Any variety of the class CEOW designated as such by order of the Commission	Reasonably sweet, excluded from other grades of wheat on account of damaged kernels	1.0	10.0

37 Table 59 of Schedule 3 to the Regulations is repealed.

38 Table 60 of Schedule 3 to the Regulations is replaced by the following:

TABLE 60

Wheat, Canada Northern Hard Red (CNHR)

	Standard of Quality				Maximum Limits of
					Foreign Material		Wheats of Other Classes or Varieties
Grade Name	Minimum Test Weight kg/hL	Variety	Minimum Protein %	Degree of Soundness	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	11.0	Reasonably well matured, reasonably free from damaged kernels	0.2	0.6	0.8	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	1.0	10.0	10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP	10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP

39 Table 61 of Schedule 3 to the Regulations is amended by replacing the number “1” in the column under the heading “Fusarium %” opposite “No. 1 CWSP” in the column under the heading “Grade Name” with the number “1.0”.

40 Table 61 of Schedule 3 to the Regulations is amended by replacing the number “4” in the column under the heading “Fusarium %” opposite “No. 2 CWSP” in the column under the heading “Grade Name” with the number “4.0”.

Coming into Force

41 (1) Subject to subsection (2), these Regulations come into force on July 1, 2019, but if they are registered after that day, they come into force on the day on which they are registered.

(2) Sections 2 to 25, 33, 35 and 38 to 40 of the Regulations come into force on August 1, 2019.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

Background

The Canadian Grain Commission (CGC) grain grading system has been in place for many years and there have been increasing requests from the grain sector to modernize the system and increase its flexibility. In the CGC’s 2017 Client Satisfaction Survey draft report, the grain sector expressed a need to better adapt the Canadian grain grading system to the new realities of grain producers, industry and international customers. As a result, the CGC initiated a project to review and modernize the Canadian grain grading system.

Decimal precision — Canada Western and Eastern grains

As part of the grain grading modernization initiative, the CGC reviewed the decimal precision of the grading factors listed in the Schedule 3 Grade Tables of the Canada Grain Regulations and in the Official Grain Grading Guide (OGGG) for consistency. A review for decimal precision consistency was also completed on all documentation that reports grading factor tolerances including Letters of Analysis, Certificates and IT inspection systems (Online Shipping Certification and Recording, Submitted and Official Samples).

Based on internal analysis and feedback from grain sector stakeholders, it was identified that the decimal precision of grading factors expressed in Schedule 3 is inconsistent from grade to grade within the Grade Tables, which can result in inconsistent decimal precision reporting on official CGC documentation. The CGC held discussions with a consultation group that included industry and producer representatives, the Western Grain Elevator Association, the Western and Eastern Standards Committees, and all four sub-committees of the Western Standards Committee. All consultative group members recommended to align the decimal precision within each grading factor in the Schedule 3 Grade Tables, and recommended to approve all the tolerance changes that are required when reducing the number of decimal places. This change would ensure that a grading factor is measured to the same accuracy regardless of the grade, within the Schedule 3 Grade Tables.

At the October 30, 2018, Eastern Standards Committee meeting and the November 1, 2018, Western Standards Committee meeting, motions passed to align the decimal precision within each grading factor and make the tolerance changes that are required when reducing the number of decimal places in each Schedule 3 Grade Table. The Committees only recommended adjusting tolerances when required to align the decimal precision of a grading factor within a Grade Table.

In addition to aligning the decimal precision within each grading factor in the Schedule 3 Grade Tables, a rounding provision has been added to Schedule 3 that, for the purposes of determining the characteristics of a grain, describes the method to be used for rounding when the criterion is expressed as a whole number, as a decimal in tenths of a whole number, or as a decimal in hundredths of a whole number.

Canada Eastern wheat classes

As another initiative under the grain grading modernization project, the CGC conducted a consultation and reviewed all eastern Canadian wheat classes to ensure that the classes were reflective of the wheat being grown and marketed by the grain industry. The review determined that four wheat classes were no longer grown by producers or marketed by industry, and that there was no need to retain these classes. Based on the review, the CGC proposed to eliminate the Canada Eastern (CE) Red, CE Soft White Spring, CE Hard White Spring and CE Hard White Winter wheat classes and establish a new Canada Eastern Other Wheat (CEOW) class. The CGC also proposed that all wheat varieties designated to the CE Red, CE Soft White Spring, CE Hard White Spring and CE Hard White Winter wheat classes be designated to the CEOW class.

Given the results of the overall consultation and review, and the subsequent CGC proposals for change, the CGC formed a working group representing the eastern Canadian wheat industry to further discuss how best to modernize the eastern wheat classes in order to streamline and simplify the eastern wheat classes and increase system flexibility for producers, breeders, processors and handlers. This information was provided to the Eastern Standards Committee and, at the October 30, 2018, meeting, motions were passed to implement the following amendments:

1. Establish a new class of wheat called Canada Eastern Other Wheat.
2. Amend the factor “Degree of Soundness” in the Canada Eastern Feed wheat class.
3. Amend the following classes of wheat to add a grade no. 4:
   • Canada Eastern Red Spring
   • Canada Eastern Hard Red Winter
   • Canada Eastern Soft Red Winter
   • Canada Eastern White Winter
4. Amend the Canada Eastern Amber Durum wheat class by replacing the CE Feed Durum grade with grade no. 4.
5. Eliminate the following classes of wheat:
   • Canada Eastern Red
   • Canada Eastern Soft White Spring
   • Canada Eastern Hard White Spring
   • Canada Eastern Hard White Winter

These amendments to eastern Canadian wheat classes will

• provide more flexibility for new and innovative varieties to be registered and designated to a class;
• simplify and streamline the number of classes;
• allow for existing varieties to continue to have a class in which to be designated; and
• ensure that the grain classification system keeps pace with the evolving sector.