Regulations Amending the Canada Grain Regulations (Miscellaneous Program): SOR/2024-43

Canada Gazette, Part II, Volume 158, Number 6

Registration
SOR/2024-43 March 1, 2024

CANADA GRAIN ACT

P.C. 2024-195 March 1, 2024

The Canadian Grain Commission makes the annexed Regulations Amending the Canada Grain Regulations (Miscellaneous Program) under subsections 16(1)^{footnote a} and 116(1)^{footnote b} of the Canada Grain Act ^{footnote c}.

Winnipeg, February 1, 2024

Doug Chorney
Chief Commissioner

Patty Rosher
Assistant Chief Commissioner

Lonny McKague
Commissioner

Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, approves the Regulations Amending the Canada Grain Regulations (Miscellaneous Program) made by the Canadian Grain Commission under subsections 16(1)^{footnote a} and 116(1)^{footnote b} of the Canada Grain Act ^{footnote c}.

Regulations Amending the Canada Grain Regulations (Miscellaneous Program)

Amendments

1 Subsection 5(1) of the English version of the Canada Grain Regulations^{footnote 1} is replaced by the following:

• 5 (1) The following seeds are designated as grain for the purposes of the Act: barley, beans, buckwheat, canary seed, canola, chickpeas, corn, faba beans, flaxseed, lentils, mixed grain, mustard seed, oats, peas, rapeseed, rye, safflower seed, soybeans, sunflower seed, triticale and wheat.

2 (1) Subsection 6(1) of the Regulations 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, as amended from time to time.

(2) Subsection 6(3) of the Regulations is replaced by the following:

• (3) An official sample shall be retained for a period beginning on the day on which the sample is graded and ending not less than six months, but not more than 120 months, after that day.

3 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, as amended from time to time; and

4 The heading of Part 4 of the English version of the Regulations is replaced by the following:

Charges

5 Section 29.1 of the Regulations is replaced by the following:

• 29.1 Each licensee who operates an elevator shall keep posted in a conspicuous place in the elevator the schedule of the current charges filed with the Commission under subsection 50(1) of the Act.

6 (1) The heading before section 36 of the Regulations is replaced by the following:

Final Quality Determination

(2) Paragraph 36(1)(c) of the Regulations is replaced by the following:

• (c) mark the container “For Final Quality Determination”; and

7 Paragraph 48(a) of the Regulations is replaced by the following:

• (a) it is eastern grain that was not delivered to the elevator by or on behalf of a producer;

8 The heading of Table 33 of Schedule 3 to the English version of the Regulations is replaced by the following:

Chickpeas, Canada Western Desi (CW)

9 The heading of Table 34 of Schedule 3 to the English version of the Regulations is replaced by the following:

Chickpeas, Canada Western Kabuli (CW)

10 The heading of Table 37 of Schedule 3 to the English version of the Regulations is replaced by the following:

Faba Beans, Canada (Can)

11 (1) The heading of Table 62 of Schedule 3 to the English version of the Regulations is replaced by the following:

Canary Seed, Canada (Can)

(2) Table 62 of Schedule 3 to the English version of the Regulations is amended by replacing “Canaryseed Canada” in the column under the heading “Grade Name” with “Canary Seed Canada”.

Coming into Force

12 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On July 1, 2020, the Canada Grain Act (CGA) was amended to establish the authority and its associated requirements for the Canadian Grain Commission (CGC) to incorporate by reference any document. Subsection 118.1(1) of the CGA states that a regulation made by the Commission under the CGA may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Stemming from this authority, Chapter 2 of the CGC’s Sampling Systems Handbook and Approval Guide is incorporated by reference to allow for efficient future changes and updates to the handbook.

In addition, several minor technical amendments have been made to the Regulations to reflect current operational and administrative practices and improve producer protections. The need for these changes was identified through an internal CGC regulatory review and various stakeholder consultations.

Objective

The amendments have the following objectives:

• Provide regulatory flexibility and improve responsiveness to grain sector needs;
• Harmonize terms used in the Regulations with those used in the enabling statute or related regulations; and
• Provide consistency across regulatory provisions.

Description and rationale

Sampling Systems Handbook and Approval Guide

Subsection 6(1) and paragraph 6.2(a) are amended to remove revision and effective dates. Chapter 2 of the CGC’s Sampling Systems Handbook and Approval Guide will be incorporated by reference.

Incorporating by reference Chapter 2 of the handbook improves flexibility and facilitates the CGC’s responsiveness to grain sector needs while ensuring that the handbook reflects current operational practices and that it is user-friendly and easy to understand.

Part 4, Tariffs and Public Notices

In the English version of the Regulations, the Part 4 heading is amended to replace the word “Tariffs” with “Charges”. This amendment aligns language in the Regulations with terminology used in the CGA.

Additionally, section 29.1 is amended to replace the phrase “The operator of a licensed primary elevator shall …” with “Each licensee who operates an elevator shall …”. This amendment aligns language in the Regulations with language in subsection 50(1) of the CGA.

Receipt and Discharge of Grain from Licensed Terminal Elevators

Section 48 is amended to clarify that licensed terminal elevators can only receive eastern grain without causing it to be inspected or weighed if the grain is not delivered by or on behalf of a producer. This change removes the exemption from inspection and weighing for producer deliveries of eastern grain directly into terminal elevators. Specifically, the section 48 wording “The operator of a licensed terminal elevator may receive grain without causing it to be inspected or weighed if (a) it is eastern grain …” is amended to indicate that the operator of a licensed terminal elevator may receive grain without causing it to be inspected or weighed if it is eastern grain that is not delivered by or on behalf of a producer.

Clarifying this exemption reflects the original intent of the Regulations and aligns with long-standing industry and CGC operating practices. This change closes a potential gap in protection for producers delivering eastern grain directly into terminal elevators. By requiring this type of grain delivery to be inspected and weighed, a load sample will be taken, documentation will be issued, and the producer will maintain CGC grain grading dispute resolution rights. This change received unanimous support during CGC engagements with eastern Canadian stakeholders.

Retention and disposal of official grain samples

The wording in subsection 6(3) “An official sample shall be retained for the period beginning on the date of the grading of the sample and ending (a) not less than six months after that date, if the sample is taken on the discharge of grain out of an elevator into a ship; and (c) not less than 20 days after that date, in any other case.” is replaced to indicate that an official sample, regardless of where taken, shall be retained for the period beginning on the date of the grading of the sample and ending not less than six months and no more than 10 years after that date.

To facilitate standards and research work, the CGC often needs to retain grain samples for longer than six months or for indefinite periods. This amendment enhances the CGC’s efficiency for grain sample management and facilitates the subsequent sale or disposal of these samples.

Designated grains spelling irregularities

In the English version of the Regulations, subsection 5(1) and Schedule 3, Table 37, is amended to replace “fababean” with “faba bean”. Subsection 5(1) and Schedule 3, Table 62, is amended to replace “canaryseed” with “canary seed”. These amendments correct the language in the Regulations to ensure proper spelling of the designated grains.

Subsection 5(1) and Schedule 3, Tables 33 and 34, are amended to replace “chick peas” with “chickpeas”. This amendment aligns language with the grain sector and scientific community terminology.

Part 5, Subject to Inspector’s Grade and Dockage

The Part 5 subheading is amended to replace the phrase “Subject to Inspector’s Grade and Dockage” with “Final Quality Determination”, and paragraph 36(1)(c) is amended to replace the phrase “Subject to Inspector’s Grade and Dockage” with “For Final Quality Determination”. These amendments reflect current operational practices and terminology.

One-for-one rule and small business lens

The one-for-one rule does not apply to these amendments as there is no change in administrative costs or burden to business. Analysis under the small business lens determined that this initiative will not impact small businesses in Canada.

Contact

Eve Froehlich
Manager
Policy, Planning, and Reporting
Canadian Grain Commission
303 Main Street
Winnipeg, Manitoba
R3C 3G8
Telephone: 204‑899‑7466