Regulations Amending the Canada Grain Regulations: SOR/2021-92
Canada Gazette, Part II, Volume 155, Number 11
RegistrationSOR/2021-92 May 5, 2021
CANADA GRAIN ACT
The Canadian Grain Commission, pursuant to subsection 16(1) footnote a of the Canada Grain Act footnote b, makes the annexed Regulations Amending the Canada Grain Regulations.
Winnipeg, April 30, 2021
Doug Chorney
Chief Commissioner
Patty Rosher
Assistant Chief Commissioner
Lonny McKague
Commissioner
Regulations Amending the Canada Grain Regulations
Amendments
1 Table 12 of Schedule 3 to the Canada Grain Regulations footnote 1 is replaced by the following:
| Grade Name | Standard of Quality | Standard of Cleanliness | Maximum Limits of Damage | ||
|---|---|---|---|---|---|
| Minimum Test Weight kg/hL | Degree of Soundness | Commercially Pure Seed % |
Heated % |
Total % |
|
| No. 1 CW | 65 | 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 | 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 |
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 |
2 Table 50 of Schedule 3 to the Regulations is replaced by the following:
| Grade Name | Standard of Quality | Standard of Cleanliness | Maximum Limits of Damage | ||
|---|---|---|---|---|---|
| Minimum Test Weight kg/hL | Degree of Soundness | Commercially Pure Seed % |
Heated % |
Total % |
|
| No. 1 CE | 65 | 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 | 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 |
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 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 |
3 Schedule 3 to the Regulations is amended by adding the following after Table 61:
| Grade Name | Standard of Quality | Maximum Limits of | |||||
|---|---|---|---|---|---|---|---|
| Degree of Soundness | Fireburnt % |
Heated and Binburnt % |
Foreign Material | ||||
| Ergot % |
Excreta % |
Inert Material % |
Total % |
||||
| Canaryseed Canada | Reasonably well matured, cool and sweet | 0.0 | 1.0 | 0.04 | 0.01 | 0.2 | 1.0 |
Coming into Force
4 (1) Subject to subsection (2), these Regulations come into force on August 1, 2021, but if they are registered after that day, they come into force on the day on which they are registered.
(2) Section 2 comes into force on July 1, 2021, but if these Regulations are registered after that day, section 2 comes into force on the day on which they are registered.
EXPLANATORY NOTE
(This note is not part of the Regulations.)
Proposal
The Canadian Grain Commission (CGC) has made the Regulations Amending the Canada Grain Regulations, which affect Schedule 3 of the Canada Grain Regulations (CGR) as follows:
- the amendment of Table 12 (Flaxseed, Canada Western);
- the amendment of Table 50 (Flaxseed, Canada Eastern); and
- the addition of Table 62 (Canaryseed, Canada).
Objective
The amendment of tables 12 and 50 is based on the recommendation of the western and eastern grain standards committees to clarify that only registered flax varieties are eligible for the highest statutory grain grades.
The addition of Table 62 is an amendment that relates to the proposed Regulations Amending the Canada Grain Regulations published in the Canada Gazette, Part I, on March 13, 2021. This proposal aims to add canaryseed to the list of grains designated under the Canada Grain Act (CGA). As per subsection 5(2) CGR, Table 62 sets out the official grade name and grading specifications for canaryseed.
Background
Table 12 (Flaxseed, Canada Western) and Table 50 (Flaxseed, Canada Eastern)
The CGC's grain grading and classification system has been in place for many years and is continually reviewed to ensure it provides value to the Canadian grain sector, including producers. Under the CGA, the CGC has the authority to designate the class of grain for which new grain varieties are eligible. The CGC maintains variety designation lists for Canadian wheat, barley, and flaxseed.
Variety designation lists include all varieties eligible for each class and for the highest grade within a class. The Canadian grain industry uses these lists to help prevent ineligible varieties from undermining the quality of Canadian grain shipments and to mitigate any potential issues for end-users.
The flaxseed variety designation list was created to inform the grain industry whether varieties were designated to flax or to solin, a yellow-coated oilseed developed from flax. This was necessary because there are some yellow-coated varieties of flax that makes them visually indistinguishable from solin. Although flax and solin can look the same, they have different functional properties.
Following consultations with the solin industry and confirmation that solin was no longer grown or marketed in Canada, solin was removed as a designated grain under the CGA in 2013. At the time, it was recognized that the variety designation list for flax was subsequently no longer required. However, before it could be removed, the Triffid flax market access issue was identified, and the flax variety list was retained as a tool to help identify and eliminate problematic flax varieties.
Currently, all flax varieties are Triffid-free and only registered flax varieties are eligible for the highest statutory grain grades. Because of this change, it is no longer necessary to maintain a variety designation list for flax.
Table 62 (Canaryseed, Canada)
An amendment to subsection 5(1) of the CGR to add canaryseed to the list of grains designated under the CGA is linked to another package of amending regulations. Including canaryseed under the CGA will ensure that canaryseed producers are eligible for compensation under the CGC's Safeguards for Grain Farmers Program, and for its other grain grading and quality assurance services.
This amendment aligns with that proposed regulatory amendment and will result in the consequential addition of Table 62 (Canaryseed, Canada) to Schedule 3 of the CGR. As per subsection 5(2) of the CGR, this table sets out the official grade name and grading specifications for canaryseed.
Consultation
Table 12 (Flaxseed, Canada Western) and Table 50 (Flaxseed, Canada Eastern)
As consultations are required with the standards committees regarding all grading tables and associated grading specifications in Schedule 3 of the CGR, the proposed change to tables 12 and 50 was provided to the Western Standards Committee on November 2, 2020, and to the Eastern Standards Committee on November 4, 2020. Subsequently, a motion was passed for the CGC to eliminate the “Variety” column from the flaxseed tables in Schedule 3.
Table 62 (Canaryseed, Canada)
In April 2020, the Western Standards Committee was notified that the CGC was considering designating canaryseed as a grain under the CGA. Subsequently, in July and September 2020, the CGC consulted with relevant sector stakeholders, including the Canary Seed Development Commission of Saskatchewan, all registered canaryseed buyers, and third-party inspection companies, to determine the appropriate grade specifications to include in the canaryseed grade determinant table and the Official Grain Grading Guide.
At the November 2020 Western Standards Committee meeting, the CGC provided the draft grading determinant table and the results of the consultation to committee members for review. The Western Standards Committee subsequently passed a motion for the CGC to adopt the canaryseed grade determinant table, effective August 1, 2021.
The CGC has notified grain sector stakeholders and producers that all canaryseed varieties will be designated under the CGA as of August 1, 2021.
Coming into force
These Regulations Amending the Canada Grain Regulations come into force on July 1, 2021, for Eastern Canada and on August 1, 2021, for Western Canada.
Contact
Daryl Beswitherick
Industry Services
Canadian Grain Commission
Telephone: 204‑983‑4627
TTY (teletype): 1‑866‑317‑4289
Email: daryl.beswitherick@grainscanada.gc.ca