Regulations Amending the Canada Grain Regulations: SOR/2024-160
Canada Gazette, Part II, Volume 158, Number 16
Registration
SOR/2024-160 July 12, 2024
CANADA GRAIN ACT
The Canadian Grain Commission makes the annexed Regulations Amending the Canada Grain Regulations under subsection 16(1)footnote a of the Canada Grain Act footnote b.
Winnipeg, July 10, 2024
David Hunt
Chief Commissioner
Patty Rosher
Assistant Chief Commissioner
Lonny McKague
Commissioner
Regulations Amending the Canada Grain Regulations
Amendments
1 Table 10 of Schedule 3 to the Canada Grain Regulations footnote 1 is replaced by the following:
| Grade Name | Standard of Quality | Maximum Limits of Foreign Material | |||||
|---|---|---|---|---|---|---|---|
| Variety | Varieties with Adhered Hulls % |
Other Hulless Varieties % |
Total Adhered Hulls % |
Inseparable Seeds % |
Other Cereal Grains % |
Total % |
|
| Select Food CW Two-row | Any selected variety of the class Barley, Canada Western Food Two-row designated as such by order of the Commission | N/A | N/A | N/A | 0.2 | 2.0 | 2 |
| Select Food CW Six-row | Any selected variety of the class Barley, Canada Western Food Six-row designated as such by order of the Commission | N/A | N/A | N/A | 0.2 | 2.0 | 2 |
| Select Food CW Two-row Hulless | Any selected variety of the class Barley, Canada Western Food Two-row Hulless designated as such by order of the Commission | Considered as other cereal grains | 5 | 5 | 0.2 | 2.0 | 2 |
| Select Food CW Six-row Hulless | Any selected variety of the class Barley, Canada Western Food Six-row Hulless designated as such by order of the Commission | Considered as other cereal grains | 5 | 5 | 0.2 | 2.0 | 2 |
Note: Barley not selected for food will be graded according to quality into the general purpose grades.
2 Table 23 of Schedule 3 to the Regulations is replaced by the following:
| Grade Name | Standard of Quality | Maximum Limits of | ||||||
|---|---|---|---|---|---|---|---|---|
| Minimum Test Weight kg/hL |
Degree of Soundness | Splits % |
Other Colours % |
Damage | Foreign Material | |||
| Heat-Damaged or Mouldy % |
Total % |
Foreign Material Other Than Grain % |
Total % |
|||||
| No. 1 Canada | 70 | Cool, natural odour, good natural colour | 10 | 2 | 0.0 | 2 | 0.1 | 1 |
| No. 2 Canada | 68 | Cool, natural odour, slightly stained | 15 | 3 | 0.2 | 3 | 0.3 | 2 |
| No. 3 Canada | 66 | Cool, natural odour, may be stained | 20 | 5 | 1.0 | 5 | 0.5 | 3 |
| No. 4 Canada | 63 | Cool, may be stained | 30 | 10 | 3.0 | 8 | 2.0 | 5 |
| No. 5 Canada | 59 | Cool, may be stained | 40 | 15 | 5.0 | 15 | 3.0 | 8 |
Note: The colour is added to the grade name.
3 Table 48 of Schedule 3 to the Regulations is replaced by the following:
| Grade Name | Standard of Quality | Maximum Limits of Foreign Material | |||||
|---|---|---|---|---|---|---|---|
| Variety | Varieties with Adhered Hulls % |
Other Hulless Varieties % |
Total Adhered Hulls % |
Inseparable Seeds % |
Other Cereal Grains % |
Total % |
|
| Select Food CE Two-row | Any selected variety of the class Barley, Canada Eastern Food Two-row designated as such by order of the Commission | N/A | N/A | N/A | 0.2 | 2.0 | 2 |
| Select Food CE Six-row | Any selected variety of the class Barley, Canada Eastern Food Six-row designated as such by order of the Commission | N/A | N/A | N/A | 0.2 | 2.0 | 2 |
| Select Food CE Two-row Hulless | Any selected variety of the class Barley, Canada Eastern Food Two-row Hulless designated as such by order of the Commission | Considered as other cereal grains | 5 | 5 | 0.2 | 2.0 | 2 |
| Select Food CE Six-row Hulless | Any selected variety of the class Barley, Canada Eastern Food Six-row Hulless designated as such by order of the Commission | Considered as other cereal grains | 5 | 5 | 0.2 | 2.0 | 2 |
Note: Barley not selected for food will be graded according to quality into the general purpose grades.
Coming into Force
4 These Regulations come into force on August 1, 2024, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Schedule 3 of the Canada Grain Regulations requires amendments based on scientific research and consultations with stakeholders. Specifically, Table 23 (Soybeans, Canada Yellow, Green, Brown, Black or Mixed), Table 10 (Barley, Canada Western Food) and Table 48 (Barley, Canada Eastern Food) require updating.
Objective
The Regulations Amending the Canada Grain Regulations (the amendments) have the following objectives:
- Improve consistency in soybean grading practices.
- Improve the ability of the barley sector to identify varieties specific to food use.
Description
The Canadian Grain Commission’s (CGC) grain grading system is continuously reviewed to ensure it provides a dependable commodity for domestic and export markets, as well as value to the Canadian grain sector. The grading system is designed to be flexible and meet the changing needs of producers, the industry and customers. Under the Canada Grain Act, the CGC may establish grades and grade names for any kind of western grain and eastern grain, and establish the specifications for those grades. The CGC may also designate the class of grain for which new grain varieties are eligible.
Table 23 — Soybeans, Canada Yellow, Green, Brown, Black or Mixed (Can)
The phrase “may be badly stained” in the “Degree of Soundness” soybean grading factor for the No. 4 Canada and No. 5 Canada grades will be replaced with the phrase “may be stained” to match that of the No. 3 Canada grade. Currently, the CGC has a standard print for the level of staining present in the No. 2 Canada grade that depicts “slightly stained,” but has no standard prints to depict levels of staining beyond “slightly.” With this amendment, all soybean samples with staining levels worse than that depicted in the No. 2 Canada standard print will be graded as a No. 3 Canada for “stained.” This will provide grading consistency for stakeholders and mitigate unnecessary downgrades.
In addition, the grading factor “Other Colours or Bicoloured Other Than for Mixed Soybeans” will be replaced with “Other Colours.” Bicoloured soybeans will be considered as any other seed coat discolouration and assessed against the “Degree of Soundness” using the appropriate standard print. This amendment will facilitate consistent grading for soybeans showing only seed coat discolouration.
Table 10 — Barley, Canada Western Food (CW) and Table 48 — Barley, Canada Eastern Food (CE)
| Grade Name | Variety |
|---|---|
| Select Food CW Two-row | Any selected variety of the class Barley, Canada Western Food Two-row designated as such by order of the Commission. |
| Select Food CW Six-row | Any selected variety of the class Barley, Canada Western Food Six-row designated as such by order of the Commission. |
| Select Food CW Two-row Hulless | Any selected variety of the class Barley, Canada Western Food Two-row Hulless designated as such by order of the Commission. |
| Select Food CW Six-row Hulless | Any selected variety of the class Barley, Canada Western Food Six-row Hulless designated as such by order of the Commission. |
| Select Food CE Two-row | Any selected variety of the class Barley, Canada Eastern Food Two-row designated as such by order of the Commission. |
| Select Food CE Six-row | Any selected variety of the class Barley, Canada Eastern Food Six-row designated as such by order of the Commission. |
| Select Food CE Two-row Hulless | Any selected variety of the class Barley, Canada Eastern Food Two-row Hulless designated as such by order of the Commission. |
| Select Food CE Six-row Hulless | Any selected variety of the class Barley, Canada Eastern Food Six-row Hulless designated as such by order of the Commission. |
Pursuant to section 28 of the Canada Grain Act, registration of a grain variety under the Seeds Act for sale or importation into Canada is necessary for grain of that variety to be eligible for all grades within a grain class. The CGC is responsible for issuing orders designating varieties to classes of grain. These orders are called “variety designation lists.” The CGC currently maintains variety designation lists for Canadian malting barley, but not for barley varieties appropriate for food use. Given that food barley varieties are unique from malting barley varieties, creating food barley designation lists allows for the identification and recognition of barley varieties specific to food use, which ultimately benefits the entire barley value chain.
As consultations are required with the standards committees regarding all changes to grading tables and associated grading specifications in Schedule 3, the changes to Tables 10, 23, and 48, and the associated implementation timeline, were presented to the Eastern Standards Committee on April 3, 2024, and to the Western Standards Committee on April 4, 2024. Both standards committees subsequently passed motions supporting the implementation of the changes effective August 1, 2024.
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 businesses. Analysis under the small business lens determined that the amendments will not impact small businesses in Canada.
Implementation, compliance and enforcement, and service standards
These Regulations come into force on August 1, 2024, but if they are registered after that day, they come into force on the day on which they are registered.
Contact
Kris Wonitowy
Program Manager
National Inspection Standards
Industry Services
Canadian Grain Commission
Telephone: 204‑983‑4627
Teletype: 1‑866‑317‑4289
Email: kris.wonitowy@grainscanada.gc.ca