Canada Grain Act (R.S.C., 1985, c. G-10)

Act current to 2016-11-21 and last amended on 2015-07-30. Previous Versions

Marginal note:Delegation of duties

 A grain standards committee may

  • (a) delegate to a subcommittee of its members, which shall include an inspector, any function assigned to the committee by paragraph 24(2)(b) or (c); and

  • (b) if a sample of any grade of grain is not available in a crop year, or if the committee is of the opinion that the quality of a grade of grain has not varied significantly from the immediately preceding crop year, recommend to the Commission a sample approved by the Commission for that grade in a previous crop year.

  • R.S., 1985, c. G-10, s. 25;
  • R.S., 1985, c. 37 (4th Supp.), s. 10.
Marginal note:Designation of primary standard samples and export standard samples

 The Commission shall, for each crop year,

  • (a) on considering the recommendations of a grain standards committee made pursuant to subsection 24(2), designate primary standard samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of grain as the Commission considers advisable; and

  • (b) on considering the recommendations of the Western Standards Committee made pursuant to subsection 24(4), designate export standard samples of each grade of western grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of western grain as the Commission considers advisable.

  • R.S., 1985, c. G-10, s. 26;
  • R.S., 1985, c. 37 (4th Supp.), s. 11.
Marginal note:Export standard samples
  •  (1) The export standard sample that is designated for a grade of grain

    • (a) shall be used as the visual grading standard in the grading of western grain of that grade discharged from a terminal elevator or process elevator; and

    • (b) constitutes the minimum visual quality of the grade for that grain.

  • Marginal note:Primary standard samples

    (2) The primary standard sample that is designated for a grade of grain

    • (a) shall be used as a visual grading guide in the grading of grain of that grade, other than western grain discharged from a terminal elevator or process elevator; and

    • (b) constitutes the minimum visual quality of the grade for that grain.

  • Marginal note:Non-visual criteria of quality

    (3) Where

    • (a) protein content is a criterion of quality that applies to a grade of grain, or

    • (b) any other criterion of quality that cannot be determined visually by comparison with a primary standard sample or export standard sample applies to a grade of grain,

    that criterion shall be taken into consideration in determining the grade of the grain.

  • Marginal note:Limitation

    (4) No person shall, on the basis of the use of a primary standard sample,

    • (a) assign a grade to any grain that does not meet the specifications for that grade established by or under this Act; or

    • (b) refuse to assign a grade to any grain that meets the specifications so established for that grade.

  • R.S., 1985, c. G-10, s. 27;
  • 2012, c. 31, s. 355.
Marginal note:Grain of variety not registered under Seeds Act

 Notwithstanding paragraph 27(4)(b), where grain of any kind is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada, no person shall, except with the permission of the Commission, assign to that grain a grade that is higher than the lowest grade established by regulation for that kind of grain.

  • R.S., 1985, c. G-10, s. 28;
  • R.S., 1985, c. 49 (1st Supp.), s. 8, c. 37 (4th Supp.), s. 12.

Inspection of Grain

Marginal note:Provision for inspection

 The Commission shall make provision for the inspection of grain at such places as the Commission may, by by-law, determine.

  • 1970-71-72, c. 7, s. 23.
Marginal note:Order of inspection
  •  (1) Subject to the regulations, an inspector

    • (a) shall, on application for inspection and in the order of receipt of applications for inspection, make an official inspection of grain at any place where provision for inspection has been made; and

    • (b) on making an official inspection of grain, shall take an official sample of the grain in the manner prescribed and retain the sample for fifteen days or such longer period as may be prescribed.

  • Marginal note:Grading of unofficial samples

    (2) An inspector may, on application for grading, grade unofficial samples of grain in the prescribed manner.

  • R.S., 1985, c. G-10, s. 30;
  • 1994, c. 45, s. 7.
Marginal note:Sample to be property of the Commission

 A sample of grain taken pursuant to section 30 or otherwise sent to the Commission thereupon becomes the property of the Commission and shall be sold or disposed of by the Commission in the prescribed manner.

  • R.S., 1985, c. G-10, s. 31;
  • R.S., 1985, c. 37 (4th Supp.), s. 13.
Marginal note:Inspection certificates
  •  (1) Subject to this Act, an inspector, after making an official inspection of grain pursuant to this Act, shall issue an inspection certificate in prescribed form,

    • (a) where the grain was grown in Canada,

      • (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and

      • (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned; or

    • (b) where the grain was grown outside Canada, stating the country of origin of the grain or stating that the grain is foreign grain.

  • Marginal note:Where assignation of grade not necessary

    (1.1) An inspector may, with the approval of the Commission, issue an inspection certificate in prescribed form in respect of grain that has been specially binned or that is or may be marketed on the basis of its specifications rather than a grade established by regulation without assigning any grade to the grain and, in that case, shall indicate in the certificate that the grain is specially binned or, in the case of grain that is or may be marketed on the basis of its specifications, the specifications.

  • Marginal note:Additional information

    (2) An inspection certificate shall contain such information, in addition to the information specified in subsection (1) or (1.1), as the case may be, as may be authorized by the Commission.

  • R.S., 1985, c. G-10, s. 32;
  • R.S., 1985, c. 37 (4th Supp.), s. 14.
Marginal note:Transmission of inspection certificate

 An inspection certificate issued when grain is discharged from a terminal elevator shall be transmitted with the shipping documents relating to the grain.

  • R.S., 1985, c. G-10, s. 33;
  • 2012, c. 31, s. 356.
Marginal note:Cancellation of inspection certificate

 An inspection certificate issued in respect of any grain later found to have gone out of condition shall be cancelled and, after a subsequent official inspection of the grain, a new inspection certificate shall be substituted for the cancelled certificate.

  • 1970-71-72, c. 7, s. 28.

 [Repealed, 2012, c. 31, s. 357]

 [Repealed, 2012, c. 31, s. 357]

 [Repealed, 2012, c. 31, s. 357]

 [Repealed, 2012, c. 31, s. 357]

Appeals of Grain Grades

Marginal note:Right of appeal
  •  (1) Any person who is dissatisfied with the grade assigned to grain on an official inspection may appeal the decision of the inspector in respect of any characteristics of the grain, by way of an application for reinspection of the grain, to the chief grain inspector for Canada.

  • Marginal note:Time for appeal

    (2) Except with the Commission’s permission, no appeal lies under this section unless, within 15 days after the decision that is the subject of the appeal is made, notice of the appeal is given to the chief grain inspector for Canada.

  • R.S., 1985, c. G-10, s. 39;
  • 2012, c. 31, s. 358.
 
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