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Canadian Grain Commission Proposes Regulatory Changes

Changes would add flexibility for producers and elevators to agree to location and timing on sample retention

Farm silo VIA PIXABAY March 2021

The Canadian Grain Commission (CGC) is proposing to update and improve producers’ access to grain grading dispute resolution, commonly known as “Subject to Inspector’s Grade and Dockage.”

The CGC wants to extend the time frame in which producers can exercise their right to dispute a primary elevator’s grade and dockage assessment. Producers would be able to dispute their grain’s grade and dockage even if they are not present at the time of delivery, as many producers hire truck drivers or commercial hauling services to deliver their grain.

The changes would add some flexibility for producers and elevators to agree to location and timing on sample retention, while also specifying that samples must be retained for at least 7 days (unless otherwise agreed to) to give producers time to consider grading results and trigger dispute resolution.

“The proposed improvements would be an important first win for grain farmers, in response to the feedback we received during the Canada Grain Act review consultations," says Marie-Claude Bibeau, Minister of Agriculture and Agri-Food.

"Our government will continue working with the Canadian Grain Commission to modernize the Act to benefit Canadian grain farmers.”

The proposed changes are in response to feedback from producers, producer associations and elevator operators about grain grading dispute resolution received during the recent Canada Grain Act review consultations.

While work continues on the broader response to the Canada Grain Act consultation, the Canadian Grain Commission is moving to address specific feedback on “Subject to” within its existing regulations.

“The CGC is moving quickly to respond to grain sector feedback and make improvements for producers within our current legislation," says Doug Chorney, Chief Commissioner, CGC.

"We look forward to engaging with our stakeholders across the grain sector to make sure ‘Subject to Inspector’s Grade and Dockage’ keeps pace with the changing realities of grain handling and delivery in Canada.”

The consultation is open until midnight on February 28, 2022.

Quick facts

  • If a producer disagrees with a Canadian Grain Commission-licensed primary elevator’s assessment of their grain, they have the right under the Canada Grain Act to request that a sample be sent to the Canadian Grain Commission for a decision on grade and dockage.
  • The proposed amendments to the Canada Grain Regulations would clarify that producers can dispute an elevator operator’s grade and dockage assessment even if they are not present at the time of delivery.
  • The proposed changes would specify that samples must be retained for a minimum of seven days or until an agreement on grade and dockage has been reached between the elevator and the producer.
  • Samples would no longer need to be taken in the presence of the producer, unless the producer requires it.
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