Regulations Amending the Canada Grain Regulations: SOR/2023-159

Canada Gazette, Part II, Volume 157, Number 15

Registration
SOR/2023-159 June 30, 2023

CANADA GRAIN ACT

The Canadian Grain Commission, under subsection 16(1)footnote a of the Canada Grain Act footnote b, makes the annexed Regulations Amending the Canada Grain Regulations.

Winnipeg, June 29, 2023

Doug Chorney
Chief Commissioner

Patty Rosher
Assistant Chief Commissioner

Lonny McKague
Commissioner

Regulations Amending the Canada Grain Regulations

Amendments

1 Tables 1 to 6 of Schedule 3 to the Canada Grain Regulations footnote 1 are replaced by the following:

TABLE 1

Wheat, Canada Western Red Spring (CWRS)
Grade Name Standard of Quality Maximum Limits of
Minimum Test Weight
kg/hL		 Variety Minimum Hard Vitreous Kernels
%		 Minimum Protein
%		 Degree of Soundness Foreign Material   Wheats of Other Classes or Varieties
Matter Other Than Cereal Grains
%		 Total
%		 Contrasting Classes
%		 Total
%
No. 1 CWRS 79 Any variety of the class CWRS designated as such by order of the Commission 65 10.0 Reasonably well matured, reasonably free from damaged kernels 0.2 0.4 0.8 2.3
No. 2 CWRS 77 Any variety of the class CWRS designated as such by order of the Commission No minimum No minimum Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels 0.3 0.8 2.3 4.5
No. 3 CWRS 76 Any variety of the class CWRS designated as such by order of the Commission No minimum No minimum May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels 0.5 1.3 3.8 7.5
CW Feed 73 Any class or variety of wheat excluding amber durum and any variety of the class CWSP No minimum No minimum Reasonably sweet, excluded from other grades of wheat on account of damaged kernels 1.0 5.0 10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP 10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP

TABLE 2

Wheat, Canada Western Red Winter (CWRW)
Grade Name Standard of Quality     Maximum Limits of
Minimum Test Weight
kg/hL		 Variety Minimum Protein
%		 Degree of Soundness Foreign Material   Wheats of Other Classes or Varieties
Matter Other Than Cereal Grains
%		 Total
%		 Contrasting Classes
%		 Total
%
No. 1 CWRW 79 Any variety of the class CWRW designated as such by order of the Commission 11.0 Reasonably well matured, reasonably free from damaged kernels 0.2 0.4 1 3
No. 2 CWRW 76 Any variety of the class CWRW designated as such by order of the Commission 11.0 Fairly well matured, may be moderately frost-damaged, reasonably free from severely damaged kernels 0.3 0.7 2 5
No. 3 CWRW 74 Any variety of the class CWRW designated as such by order of the Commission No minimum May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels 0.5 1.3 3 10
CW Feed 73 Any class or variety of wheat excluding amber durum and any variety of the class CWSP No minimum Reasonably sweet, excluded from other grades of wheat on account of damaged kernels 1.0 5.0 10%, either alone or in combination with each other, amber durum and any variety of the class CWSP 10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

TABLE 3

Wheat, Canada Western Extra Strong (CWES)
Grade Name Standard of Quality     Maximum Limits of
Minimum Test Weight kg/hL Variety Minimum Protein % Degree of Soundness Foreign Material   Wheats of Other Classes or Varieties
Matter Other Than Cereal Grains % Total % Contrasting Classes % Total %
No. 1 CWES 78 Any variety of the class CWES designated as such by order of the Commission 10.0 Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels 0.2 0.8 1.5 3
No. 2 CWES 76 Any variety of the class CWES designated as such by order of the Commission No minimum May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels 0.3 1.5 2.5 5
CW Feed 73 Any class or variety of wheat excluding amber durum and any variety of the class CWSP No minimum Reasonably sweet, excluded from other grades of wheat on account of damaged kernels 1.0 5.0 10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP 10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

TABLE 4

Wheat, Canada Western Soft White Spring (CWSWS)
Grade Name Standard of Quality Maximum Limits of
Minimum Test Weight
kg/hL		 Variety Degree of Soundness Foreign Material Wheats of Other Classes or Varieties
%
Matter Other Than Cereal Grains
%		 Total
%
No. 1 CWSWS 78 Any variety of the class CWSWS designated as such by order of the Commission Reasonably well matured, reasonably free from damaged kernels 0.2 0.8 3
No. 2 CWSWS 75 Any variety of the class CWSWS designated as such by order of the Commission Fairly well matured, may be moderately weather-damaged, reasonably free from severely damaged kernels 0.3 1.0 6
No. 3 CWSWS 75 Any variety of the class CWSWS designated as such by order of the Commission May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels 0.5 1.5 10
CW Feed 73 Any class or variety of wheat excluding amber durum and any variety of the class CWSP Reasonably sweet, excluded from other grades of wheat on account of damaged kernels 1.0 5.0 10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

TABLE 6

Wheat, Canada Western Amber Durum (CWAD)
Grade Name Standard of Quality Maximum Limits of
Minimum Test Weight
kg/hL		 Variety Minimum Hard Vitreous Kernels
%		 Minimum Protein
%		 Degree of Soundness Foreign Material Wheats of Other Classes or Varieties
Matter Other Than Cereal Grains
%		 Total
%		 Other Classes
%		 Total
%
No. 1 CWAD 79 Any variety of the class CWAD designated as such by order of the Commission 80 9.5 Reasonably well matured, reasonably free from damaged kernels 0.2 0.5 2.0 4
No. 2 CWAD 77 Any variety of the class CWAD designated as such by order of the Commission 60 No minimum Reasonably well matured, reasonably free from severely damaged kernels 0.3 0.8 3.0 8
No. 3 CWAD 74 Any variety of the class CWAD designated as such by order of the Commission 40 No minimum Fairly well matured, may be moderately weather-damaged or frost-damaged, reasonably free from severely damaged kernels 0.5 1.0 4.3 11
No. 4 CWAD 71 Any variety of the class CWAD designated as such by order of the Commission No minimum No minimum May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels 0.5 3.0 10.0 49
No. 5 CWAD 65 Any varieties of amber durum wheat No minimum No minimum Reasonably sweet, excluded from higher grades on account of light weight or damaged kernels 1.0 5.0 49.0 No limit

2 Tables 17 and 18 of Schedule 3 to the Regulations are replaced by the following:

TABLE 17

Wheat, Canada Prairie Spring Red (CPSR)
Grade Name Standard of Quality Maximum Limits of
Minimum Test Weight
kg/hL		 Variety Degree of Soundness Foreign Material   Wheats of Other Classes or Varieties
Matter Other Than Cereal Grains
%		 Total
%		 Contrasting Classes
%		 Total
%
No. 1 CPSR 77 Any variety of the class CPSR designated as such by Order of the Commission Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels 0.2 0.8 3 5
No. 2 CPSR 75 Any variety of the class CPSR designated as such by Order of the Commission May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels 0.3 1.5 5 10
CW Feed 73 Any class or variety of wheat excluding amber durum and any variety of the class CWSP Reasonably sweet, excluded from other grades of wheat on account of damaged kernels 1.0 5.0 10%, either alone or in combination with each other, amber durum and any variety of the class CWSP 10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

TABLE 18

Wheat, Canada Prairie Spring White (CPSW)
Grade Name Standard of Quality     Maximum Limits of
Minimum Test Weight
kg/hL		 Variety Degree of Soundness Foreign Material   Wheats of Other Classes or Varieties
Matter Other Than Cereal Grains
%		 Total
%		 Contrasting Classes
%		 Total
%
No. 1 CPSW 77 Any variety of the class CPSW designated as such by order of the Commission Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels 0.2 0.8 3 5
No. 2 CPSW 75 Any variety of the class CPSW designated as such by order of the Commission May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels 0.3 1.5 5 10
CW Feed 73 Any class or variety of wheat excluding amber durum and any variety of the class CWSP Reasonably sweet, excluded from other grades of wheat on account of damaged kernels 1.0 5.0 10%, either alone or in combination with each other, amber durum and any variety of the class CWSP 10%, either alone or in combination with each other, amber durum and any variety of the class CWSP

3 Table 56 of Schedule 3 to the Regulations is replaced by the following:

TABLE 56

Wheat, Canada Western Hard White Spring (CWHWS)
Grade Name Standard of Quality Maximum Limits of Foreign Material
Minimum Test Weight
kg/hL		 Variety Minimum Protein
%		 Degree of Soundness Ergot
%		 Excreta
%		 Matter Other Than Cereal Grains
%		 Sclerotinia
%		 Stones
%		 Total
%
No. 1 CWHWS 79 Any variety of the class CWHWS designated as such by order of the Commission 10.0 Reasonably well matured, reasonably free from damaged kernels 0.04 0.01 0.2 0.04 0.03 0.4
No. 2 CWHWS 77 Any variety of the class CWHWS designated as such by order of the Commission No minimum Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels 0.04 0.01 0.3 0.04 0.03 0.8
No. 3 CWHWS 76 Any variety of the class CWHWS designated as such by order of the Commission No minimum May be
frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels		 0.04 0.01 0.5 0.04 0.06 1.3
CW Feed 73 Any class or variety of wheat excluding amber durum and any variety of the class CWSP No minimum Reasonably sweet, excluded from other grades of wheat on account of damaged kernels 0.10 0.03 1.0 0.10 0.10 5.0

4 Table 60 of Schedule 3 to the Regulations is replaced by the following:

TABLE 60

Wheat, Canada Northern Hard Red (CNHR)
Grade Name Standard of Quality Maximum Limits of
Minimum Test Weight
kg/hL		 Variety Minimum Protein
%		 Degree of Soundness Foreign Material Wheats of Other Classes or Varieties
Matter Other Than Cereal Grains
%		 Total
%		 Contrasting Classes
%		 Total
%
No. 1 CNHR 79 Any variety of the class CNHR designated as such by order of the Commission 11.0 Reasonably well matured, reasonably free from damaged kernels 0.2 0.4 0.8 2.3
No. 2 CNHR 77 Any variety of the class CNHR designated as such by order of the Commission No minimum Fairly well matured, may be moderately bleached or frost-damaged, reasonably free from severely damaged kernels 0.3 0.8 2.3 4.5
No. 3 CNHR 76 Any variety of the class CNHR designated as such by order of the Commission No minimum May be frost-damaged, immature or weather-damaged, moderately free from severely damaged kernels 0.5 1.3 3.8 7.5
CW Feed 73 Any class or variety of wheat excluding amber durum and any variety of the class CWSP No minimum Reasonably sweet, excluded from other grades of wheat on account of damaged kernels 1.0 5.0 10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP 10.0%, either alone or in combination with each other, amber durum and any variety of the class CWSP

Coming into Force

5 These Regulations come into force on August 1, 2023, but if they are registered after that day, they come 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 proposed the Regulations Amending the Canada Grain Regulations, which affect Schedule 3, Table 1 (Wheat, Canada Western Red Spring), Table 2 (Canada Western Red Winter), Table 3 (Canada Western Extra Strong), Table 4 (Canada Western Soft White Spring), Table 6 (Canada Western Amber Durum), Table 17 (Canada Prairie Spring Red), Table 18 (Canada Prairie Spring White), Table 56 (Canada Western Hard White Spring), and Table 60 (Canada Northern Hard Red), as identified in Appendix A.

Objective

The regulatory amendments modify these tables to align the current primary standards with the current export standards for minimum test weight (TWT) and maximum total foreign material (TFM) in some western Canadian wheat classesfootnote 2 and are based on extensive scientific research and stakeholder consultations through the Western Standards Committee.

Background

The CGC’s grain grading system is continually reviewed to ensure it provides value to the Canadian grain sector. The grading system is designed to be flexible, meeting the changing needs of producers, industry and customers. Under the Canada Grain Act (CGA), the CGC may establish grades and grade names for any kind of western grain and eastern grain and establish the specifications for those grades.

In 2017, the CGC undertook a grain grading modernization project as part of its commitment to continuous improvement of the grain grading system. Through CGC internal discussion and extensive feedback provided by grain sector stakeholders, key elements of the grain grading system were identified as being outdated or requiring a review. These included modernizing the Official Grain Grading Guide (OGGG) and reviewing grading factors that were of concern to the grain industry and the CGC.

Currently, there are separate primary and export grade determinant tables for some western Canadian wheat classes in the OGGG. Within these tables there are different primary and export standards for minimum TWT and maximum TFM. Extensive multiple-year research conducted by the CGC’s Grain Research Laboratory and analysis of producer harvest sample and cargo monitoring data clearly demonstrates that the current export standards for TWT and TFM tolerances are necessary to ensure the quality and end-use functionality expectations of both domestic and export markets.

Consultation

As consultations are required with the standards committees regarding all grading tables and associated grading specifications in Schedule 3, the proposed changes to tables 1, 2, 3, 4, 6, 17, 18, 56, and 60 were presented to the Western Standards Committee on April 4, 2023. The Commission received significant feedback from the Standards Committee, reflecting views from across the sector. Based on this feedback, the Commission took a decision to align the current primary standards with the current export standards for TWT and TFM tolerances for all grades in all wheat classes where they are presently different, with the exception of the current standards for minimum TWT in Canada Western Amber Durum.

Coming into force

These Regulations come into force on August 1, 2023, in all regions of Canada, but if the Regulations 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: 1‑204‑983‑4627
Teletypewriter: 1‑866‑317‑4289
Email: kris.wonitowy@grainscanada.gc.ca

Appendix A

Table 1: List of amendments
Schedule 3 table # Grain/class Grading specification Grade Current tolerance New tolerance
1 CWRS Test weight No. 1 CWRS 75 79
1 CWRS Test weight No. 2 CWRS 72 77
1 CWRS Test weight No. 3 CWRS 69 76
1 CWRS Test weight CW Feed 65 73
1 CWRS Total foreign material No. 1 CWRS 0.6 0.4
1 CWRS Total foreign material No. 2 CWRS 1.2 0.8
1 CWRS Total foreign material No. 3 CWRS 2.4 1.3
1 CWRS Total foreign material CW Feed 10.0 5.0
2 CWRW Test weight CW Feed 65 73
2 CWRW Total foreign material CW Feed 10.0 5.0
3 CWES Test weight No. 1 CWES 75 78
3 CWES Test weight No. 2 CWES 73 76
3 CWES Test weight CW Feed 65 73
3 CWES Total foreign material CW Feed 10.0 5.0
4 CWSWS Test weight No. 1 CWSWS 76 78
4 CWSWS Test weight No. 2 CWSWS 74 75
4 CWSWS Test weight No. 3 CWSWS 69 75
4 CWSWS Test weight CW Feed 65 73
4 CWSWS Total foreign material No. 1 CWSWS 1.0 0.8
4 CWSWS Total foreign material No. 2 CWSWS 2.0 1.0
4 CWSWS Total foreign material No. 3 CWSWS 3.0 1.5
4 CWSWS Total foreign material CW Feed 10.0 5.0
6 CWAD Total foreign material No. 2 CWAD 1.2 0.8
6 CWAD Total foreign material No. 3 CWAD 1.5 1.0
6 CWAD Total foreign material No. 5 CWAD 10.0 5.0
17 CPSR Test weight CW Feed 65 73
17 CPSR Total foreign material CW Feed 10.0 5.0
18 CPSW Test weight CW Feed 65 73
18 CPSW Total foreign material CW Feed 10.0 5.0
56 CWHWS Test weight No. 1 CWHWS 75 79
56 CWHWS Test weight No. 2 CWHWS 75 77
56 CWHWS Test weight No. 3 CWHWS 72 76
56 CWHWS Test weight CW Feed 65 73
56 CWHWS Total foreign material No. 1 CWHWS 0.6 0.4
56 CWHWS Total foreign material No. 2 CWHWS 1.2 0.8
56 CWHWS Total foreign material No. 3 CWHWS 2.4 1.3
56 CWHWS Total foreign material CW Feed 10.0 5.0
60 CNHR Test weight No. 1 CNHR 75 79
60 CNHR Test weight No. 2 CNHR 72 77
60 CNHR Test weight No. 3 CNHR 69 76
60 CNHR Test weight CW Feed 65 73
60 CNHR Total foreign material No. 1 CNHR 0.6 0.4
60 CNHR Total foreign material No. 2 CNHR 1.2 0.8
60 CNHR Total foreign material No. 3 CNHR 2.4 1.3
60 CNHR Total foreign material CW Feed 10.0 5.0