Declaration Requirement Narrowed for Grains

Summary#

The final rule, Regulations Amending the Canada Grain Regulations (SOR/2022-77), changes which kinds of grain must come with a “Declaration of Eligibility for Delivery of Grain.” The change takes effect on July 1, 2022 and narrows the declaration requirement to grains linked to the variety‑registration system that include merit criteria.

What it does#

• Replaces the current wording of subsection 65(2) of the Canada Grain Regulations so the obligation to provide a declaration applies only to the grain kinds listed in a document published by the Canadian Grain Commission called "Kinds of Grain that Require a Declaration of Eligibility for Delivery of Grain."
• Aligns the declaration requirement with grains that are subject to variety registration and for which merit criteria apply (mostly the crops in Part I of the Seeds Regulations).
• As a result, the following grains are effectively excluded from the declaration requirement: canaryseed, chickpeas, corn, safflower, soybeans (oilseed and food grade), and sunflower (non‑ornamental).
• The incorporated list lives on the Canadian Grain Commission website and can be updated without changing the regulations.
• The regulation comes into force on July 1, 2022 (or, if it’s registered after that date, on the day it is registered).

Who's affected#

• Producers and farmers who grow the listed grains, especially those in eastern Canada who grow mainly corn and soybeans.
• Grain handlers and facilities that are Canadian Grain Commission licensees, including terminal elevators that receive deliveries.
• Grain buyers, marketers and others who complete delivery paperwork or rely on the declaration to assign grades and payments.
• It is unclear that other groups (for example, unlicensed country elevators regulated provincially) are directly affected beyond how their deliveries feed into licensed terminals.

Why it matters#

• For many eastern Canadian deliveries (where most production is corn and soybeans), the paperwork burden will be reduced because those grains no longer require a declaration.
  • In eastern Canada, roughly 70% of production is corn and 18% is soybeans, leaving about 8% (mainly wheat) that will still typically need declarations; combined, 88% of eastern production is of kinds excluded under this change.
• The change aims to keep the declaration system focused on crops where variety registration and merit criteria matter for quality and trade, while making the rule easier to apply across the country.
• Because the list is incorporated by reference, the Canadian Grain Commission can update which grains require declarations more quickly to respond to changes in seed registration, markets or trade without re‑making the regulation.
• The practical impact may be limited for some businesses, since many licensed terminals handle multiple grain kinds and still must track declarations for those that remain covered.