Changes to Canada Grain Regulations

Summary#

These are the final regulations titled SOR/2020-63 that change the Canada Grain Regulations. They update rules about inspection certificates, delivery declarations, and some fee wording to match changes made to the Canada Grain Act after the Canada–United States–Mexico trade agreement; the item was published on April 29, 2020.

What it does#

• Replaces the old, Canada-specific inspection forms with generic forms that the Canadian Grain Commission can update more easily: a Certificate for Grain and a Certificate Final for Grain. Two old forms (Forms 12 and 13) are repealed.
• Requires a signed delivery declaration called the Declaration of Eligibility for Delivery of Grain:
  • It must be made for every kind (and class) of grain.
  • It must be provided to the person who receives the delivery.
  • It must be given at least once each crop year and no later than the first delivery it covers.
• Changes wording so that grain grown outside Canada or the United States is called “imported grain” (replacing “foreign grain”).
• Tightens transport/export reporting for shipments headed to a final U.S. destination: licensees must present a weekly electronic report of exports.
• Updates a few French wording items in the fees schedule to match the English text.
• Sets the regulations to come into force when section 67 of the Canada–United States–Mexico Agreement Implementation Act comes into force (or on the day the regulations are registered if that is later).

Who's affected#

• Grain farmers and sellers who deliver grain to licensed handlers.
• Grain handlers, elevators and other licensees that receive, inspect, store or ship grain.
• Exporters shipping grain to the United States (they must supply the weekly electronic export report).
• The Canadian Grain Commission, which implements and enforces the rules and will use the new, updateable forms.
• The changes are mostly technical and align Canada’s rules with the trade agreement; the source says small businesses face no new costs.

Why it matters#

• It treats U.S. and Canadian grain more consistently under Canadian law, including allowing some U.S. wheat to receive statutory grades and removing the need to list U.S. origin on inspection certificates. That can affect how grain is graded and paid for.
• The delivery declaration requirement makes sure buyers get basic information about variety, seed registration and pesticide use at or before delivery. That helps handlers make marketing, grading and certification decisions and helps producers get the correct grade and payment.
• Letting the Commission use updateable forms (incorporation by reference) makes it faster to adapt certificates and declarations when market or regulatory situations change.
• The changes are tied to the implementation of the Canada–United States–Mexico trade agreement, so they take effect when that implementing law comes into force.