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

Full Document:  

Act current to 2019-06-20 and last amended on 2017-01-01. Previous Versions

PART IIGrain Grades, Grading and Inspection

Grain Grades

Marginal note:Grades may be established by regulation

  •  (1) The Commission may, by regulation, establish grades and grade names for any kind of western grain and eastern grain and establish the specifications for those grades and set out a method or methods, visual or otherwise, for determining the characteristics of the grain for the purposes of meeting the quality requirements of purchasers of grain.

  • Marginal note:Coming into force of regulation

    (2) Unless a regulation made under this section expressly provides otherwise, the provisions of the regulation in relation to western grain shall come into force not earlier than August 1 next following the date the regulation is made and the provisions thereof in relation to eastern grain shall come into force not earlier than July 1 next following the date the regulation is made.

  • Marginal note:Reduction in value to be minimized

    (3) Any variation in a grade of grain to be made by a regulation under this section shall, where possible and consistent with increasing the acceptance of Canadian grain in export and domestic markets, be made so as to prevent or minimize any reduction in the value of existing grain of the grade to be so varied.

  • R.S., 1985, c. G-10, s. 16
  • R.S., 1985, c. 37 (4th Supp.), s. 5
  • 1994, c. 45, s. 5

 [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 5]

Marginal note:Grades for grain that is out of condition, etc.

 The Commission may, by order, establish

  • (a) grades and grade names for any grain

    • (i) that is out of condition,

    • (ii) that has been specially binned,

    • (iii) that may be marketed on the basis of its specifications rather than a grade established by regulation, or

    • (iv) that, by reason of its intermixture with another material, would not be eligible to have assigned to it a grade established by regulation; and

  • (b) grades and grade names, and specifications for those grades, for any screenings.

  • R.S., 1985, c. G-10, s. 19
  • R.S., 1985, c. 37 (4th Supp.), s. 6
  • 1998, c. 22, s. 25(F)

Grain Standards Committees

Marginal note:Grain standards committees

  •  (1) The Commission shall, by by-law, constitute a western grain standards committee and an eastern grain standards committee, in this Part referred to as the Western Standards Committee and the Eastern Standards Committee, for the purpose of

    • (a) recommending specifications for grades of grain and selecting and recommending primary standard samples and export standard samples of grain; and

    • (b) performing such other duties in connection with the determination of grain standards as may be assigned to each committee by the Commission.

  • Marginal note:Membership of Western Standards Committee

    (2) The Commission shall, with the approval of the Minister, appoint to the Western Standards Committee

    • (a) a commissioner, a grain inspector and a scientist;

    • (b) [Repealed, 2012, c. 31, s. 354]

    • (c) two persons nominated by the Deputy Minister of Agriculture and Agri-Food;

    • (d) [Repealed, 2011, c. 25, s. 25]

    • (e) two persons selected from among processors of grain;

    • (f) two persons selected from among exporters of grain;

    • (g) twelve actual producers of western grain; and

    • (h) any additional persons not exceeding four in number that the Commission considers advisable.

  • Marginal note:Membership of Eastern Standards Committee

    (3) The Commission shall, with the approval of the Minister, appoint to the Eastern Standards Committee

    • (a) a commissioner, a grain inspector and a scientist;

    • (b) one person nominated by the Deputy Minister of Agriculture and Agri-Food;

    • (c) four persons selected from among processors and exporters of grain;

    • (d) not more than four persons representative of producers of eastern grain; and

    • (e) such additional persons not exceeding three in number as the Commission deems advisable.

  • Marginal note:Chairman

    (4) A commissioner shall preside as chairman at each meeting of a grain standards committee.

  • R.S., 1985, c. G-10, s. 20
  • R.S., 1985, c. 37 (4th Supp.), s. 7
  • 1994, c. 38, s. 20
  • 2011, c. 25, s. 25
  • 2012, c. 31, s. 354

Marginal note:Oath of office

  •  (1) Each member of a grain standards committee who is not a commissioner and is not employed in the federal public administration shall, before entering on his duties as a member of the committee, take an oath of office in prescribed form.

  • Marginal note:Term of office

    (2) The Commission shall, by by-law, establish the terms of office of those members of a grain standards committee who are not employed in the federal public administration.

  • Marginal note:Idem

    (3) Notwithstanding subsection (2) and subsections 20(2) and (3), no person, except a person employed in the federal public administration, shall serve as a member of a grain standards committee for a period of more than seven consecutive years.

  • Marginal note:Quorum

    (4) The quorum of a grain standards committee shall be at least half of the number of members in office.

  • R.S., 1985, c. G-10, s. 21
  • 2003, c. 22, s. 224(E)

Marginal note:Remuneration and expenses

 Each member of a grain standards committee is entitled to be paid

  • (a) if the member is not employed in the federal public administration, an allowance for the member’s services in an amount to be fixed by by-law of the Commission; and

  • (b) reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties under this Act.

  • R.S., 1985, c. G-10, s. 22
  • 1994, c. 45, s. 6
  • 2003, c. 22, s. 224(E)

Primary Standard Samples and Export Standard Samples

Marginal note:Preparation of samples

 As early as possible in each crop year the Commission shall cause to be collected representative samples of the crop of western grain and the crop of eastern grain of that crop year and, from those samples and from such other samples of the stocks of grain from any previous crop year as the Commission considers to be representative of the existing stock of any grain, cause to be prepared representative samples of

  • (a) each grade of grain established by regulation that the Western Standards Committee or the Eastern Standards Committee considers advisable;

  • (b) any other grade of western grain or eastern grain for which, in the opinion of the Commission, it would be appropriate to designate primary standard samples or export standard samples or both; and

  • (c) any grain in respect of which the Commission wishes to obtain a recommendation pursuant to paragraphs 24(2)(b) and (c).

  • R.S., 1985, c. G-10, s. 23
  • R.S., 1985, c. 37 (4th Supp.), s. 8

Marginal note:Meetings to be convened

  •  (1) When representative samples of grain have been prepared pursuant to section 23 and such reports on the milling, baking and other qualities of the samples as the Commission deems necessary have been obtained, the Commission shall convene a meeting of each grain standards committee.

  • Marginal note:Duties of grain standards committees

    (2) A grain standards committee shall examine the samples of grain supplied to the committee by the Commission and

    • (a) select and recommend to the Commission samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) that in the opinion of such committee represent as accurately as possible the minimum of that grade;

    • (b) recommend to the Commission names and specifications for other grades of grain that, in the opinion of the committee, should be established for the current crop year; and

    • (c) select and recommend to the Commission samples of each grade of grain recommended pursuant to paragraph (b) that, in the opinion of the committee, represent as accurately as possible the minimum of that grade.

  • Definition of grain standards committee

    (3) In subsection (2), grain standards committee,

    • (a) in the case of western grain, means the Western Standards Committee; and

    • (b) in the case of eastern grain, means the Eastern Standards Committee.

  • Marginal note:Recommendation of export standard samples

    (4) The Western Standards Committee shall, in respect of

    • (a) each grade of western red spring wheat and western amber durum wheat that, in the opinion of the Commission, is likely to be sold for export, and

    • (b) any other grade of western grain that the Commission refers to it for consideration,

    examine the samples of grain of that grade supplied to the Committee by the Commission and select and recommend to the Commission samples of the grade that, in the opinion of the Committee, represent as accurately as possible the average of grain of that grade received at any or all elevators at any or all inspection points.

  • R.S., 1985, c. G-10, s. 24
  • R.S., 1985, c. 37 (4th Supp.), s. 9
 
Date modified: