Canada Grain Act

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Sections739

• 1Short title

  This Act may be cited as the Canada Grain Act.

• 2Definitions

  In this Act,

• 2[p2]

  actual producer means a person actually engaged in the production of grain; (producteur-exploitant)

• 2[p3]

  cash purchase ticket means a document in prescribed form issued in respect of grain delivered to a primary elevator, process elevator or grain dealer as evidence of the purchase of the grain by the operator of the elevator or the grain dealer and entitling the holder of the document to payment, by the operator or grain dealer, of the purchase price stated in the document; (bon de paiement)

• 2[p4]

  class, in respect of grain, means any variety or varieties of grain designated by order of the Commission as a class for the purposes of this Act; (classe)

• 2[p5]

  Commission means the Canadian Grain Commission established by section 3; (Commission)

• 2[p6]

  commissioner means a commissioner appointed pursuant to section 3; (commissaire)

• 2[p7]Repealed

  contaminated[Repealed, 2020, c. 1, s. 60]

• 2[p8]

  crop year means, subject to any order of the Governor in Council made pursuant to section 115, the period commencing on August 1 in any year and terminating on July 31 in the year next following; (campagne agricole)

• 2[p9]

  Division means the Eastern Division or the Western Division; (région)

• 2[p10]

  dockage means any material intermixed with a parcel of grain, other than kernels of grain of a standard of quality fixed by or under this Act for a grade of that grain, that must and can be separated from the parcel of grain before that grade can be assigned to the grain; (impuretés)

• 2[p11]

  Eastern Division means that part of Canada not included in the Western Division; (région de l’Est)

• 2[p12]

  eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est)

• 2[p13]

  elevator means including any such premises owned or operated by Her Majesty in right of Canada or a province or any agent thereof; (installation ou silo)

• 2[p13](a)

  any premises in the Western Division

• 2[p13](a)(i)

  into which grain may be received or out of which grain may be discharged directly from or to railway cars or ships,

• 2[p13](a)(ii)

  constructed for the purpose of handling and storing grain received directly from producers, otherwise than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged, or

• 2[p13](a)(iii)

  constructed for the purpose of handling and storing grain as part of the operation of a flour mill, feed mill, seed cleaning plant, malt house, distillery, grain oil extraction plant or other grain processing plant, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged for processing or otherwise,

• 2[p13](b)

  any premises in the Eastern Division, situated along Lake Superior, Lake Huron, Lake St. Clair, Lake Erie, Lake Ontario or the canals or other navigable waters connecting those Lakes or the St. Lawrence River or any tidal waters, and into which grain may be received directly from railway cars or ships and out of which grain may be discharged directly to ships,

• 2[p13](c)

  the portion of any premises in the Eastern Division designated by regulation pursuant to subsection 116(3) that is used for the purpose of storing grain,

• 2[p13](d) and (e)Repealed

  [Repealed before coming into force, 2008, c. 20, s. 3]

• 2[p21]

  elevator receipt means a document in prescribed form issued in respect of grain delivered to an elevator acknowledging receipt of the grain and, subject to any conditions contained therein or in this Act, entitling the holder of the document

• 2[p21](a)

  to the delivery of grain of the same kind, grade and quantity as the grain referred to in the document, or

• 2[p21](b)

  in the case of a document issued for specially binned grain, to delivery of the identical grain; (récépissé)

• 2[p24]

  export standard sample means, in respect of a grade of grain, a sample of grain of that grade designated by the Commission pursuant to paragraph 26(b); (échantillon-type d’exportation)

• 2[p25]Repealed

  foreign grain[Repealed, 2020, c. 1, s. 60]

• 2[p26]

  foreign material means any material intermixed with a parcel of grain, other than kernels of grain of a standard of quality fixed by or under this Act for a grade of that grain, that is of such a character and in such limited quantity that it need not be separated from the parcel of grain before that grade can be assigned to the grain; (matières étrangères)

• 2[p27]

  grade name means the name, or name and number, assigned to any grade of grain established by or under this Act and includes any abbreviation prescribed for that grade name; (appellation de grade)

• 2[p28]

  grain means any seed designated by regulation as a grain for the purposes of this Act; (grain)

• 2[p29]

  grain dealer means a person who, for reward, on his own behalf or on behalf of another person, deals in or handles western grain; (négociant en grains)

• 2[p30]

  grain product means any product that is produced by processing or manufacturing any grain alone or with any other grain or substance and that may be presented for storage or handling at an elevator; (produit céréalier)

• 2[p31]

  grain receipt means a document in prescribed form issued in respect of grain delivered to a process elevator or grain dealer acknowledging receipt of the grain and entitling the holder of the document to payment by the operator of the elevator or the grain dealer for the grain; (accusé de réception)

• 2[p32]

  holder, in relation to any document that entitles the person to whom it is delivered to the payment of money or the delivery of grain, means the person who, from time to time, is so entitled by virtue of

• 2[p32](a)

  the issue or endorsement to him of the document, or

• 2[p32](b)

  the delivery to him of the document after it has been endorsed in blank; (détenteur)

• 2[p35]

  imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé)

• 2[p36]

  infested means containing any injurious, noxious or troublesome insect or animal pest; (infesté)

• 2[p37]

  inspection point means any place at which the Commission has made provision for the inspection of grain; (poste d’inspection)

• 2[p38]

  inspector means a person designated as an inspector by the Commission pursuant to section 12; (inspecteur)

• 2[p39]

  lawfully means

• 2[p39](a)

  in accordance with this Act, and

• 2[p39](b)

  in respect of deliverable by the owner of the grain, receivable by the public carrier for carriage to the elevator or consignee and receivable by the operator of the elevator or consignee, in accordance with this Act; (légalement)

• 2[p39](b)(i)

  the offering of grain for delivery to or storage in a primary elevator,

• 2[p39](b)(ii)

  the delivery of grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, or

• 2[p39](b)(iii)

  the delivery of grain to a public carrier for carriage to any elevator or consignee referred to in subparagraph (ii),

• 2[p45]

  licence means a licence to operate an elevator or to carry on business as a grain dealer issued by the Commission; (licence)

• 2[p46]

  licensed means, in respect of an elevator, licensed for operation under a licence that is held by a licensee; (agréée)

• 2[p47]

  licensee means a person who holds a licence to operate an elevator or to carry on business as a grain dealer; (titulaire de licence)

• 2[p48]

  manager means, in respect of an elevator, the chief executive officer employed at the elevator by the operator or licensee of the elevator; (directeur)

• 2[p49]

  Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

• 2[p50]

  official inspection means the sampling and grading of a parcel of grain by an inspector; (inspection officielle)

• 2[p51]

  official sample means a sample taken from a parcel of grain by a person authorized by the Commission to take the sample or by any sampling device authorized by the Commission; (échantillon officiel)

• 2[p52]

  official weighing means the weighing of grain under the supervision of a person authorized by the Commission or in a manner authorized by the Commission; (pesée officielle)

• 2[p53]

  operator means, in respect of an elevator, the person in possession of the premises constituting the elevator, either as owner or lessee thereof or as being entitled under a contract with the owner or lessee to operate the elevator for his own benefit and advantage; (exploitant)

• 2[p54]

  order includes any directive to the trade issued by the Commission; (arrêté)

• 2[p55]Repealed

  overage[Repealed, 2012, c. 31, s. 351]

• 2[p56]

  prescribed means prescribed by regulation; (Version anglaise seulement)

• 2[p57]

  primary elevator means an elevator the principal use of which is the receiving of grain directly from producers for storage or forwarding or both; (installation primaire ou silo primaire)

• 2[p58]

  primary standard sample means, in respect of a grade of grain, a sample of grain of that grade designated by the Commission pursuant to paragraph 26(a); (échantillon-type normal)

• 2[p59]

  process elevator means an elevator the principal use of which is the receiving and storing of grain for direct manufacture or processing into other products; (installation de transformation ou silo de transformation)

• 2[p60]

  producer means, as well as an actual producer, any person entitled, as landlord, vendor or mortgagee or hypothecary creditor, to the grain produced by an actual producer or to any share of that grain; (producteur)

• 2[p61]

  public carrier means any railway company, any operator of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act and any owner or operator of a ship; (transporteur public)

• 2[p62]

  railway company means any company operating a line of railway in one or more provinces; (compagnie de chemin de fer)

• 2[p63]Repealed

  regulation[Repealed, 1994, c. 45, s. 1]

• 2[p64]

  screenings means dockage that has been removed from a parcel of grain; (criblures)

• 2[p65]

  ship includes any description of vessel or boat used or designed for use in navigation, irrespective of method or lack of propulsion; (navire)

• 2[p66]Repealed

  shortage[Repealed, 2012, c. 31, s. 351]

• 2[p67]

  shrinkage means the loss in weight of grain that occurs in the handling or treating of grain; (perte de poids)

• 2[p68]

  special binning means the storing of a parcel or parcels of grain pursuant to a contract, in space in an elevator that is specified in the contract, for the purpose of preserving the identity of the grain; (stockage en cellule)

• 2[p69]

  storage charge means the charge made by the licensee of an elevator for maintaining in the elevator a stock of grain available for delivery on presentation of an elevator receipt entitling the holder to the delivery of grain in accordance with the receipt; (frais de stockage)

• 2[p70]

  terminal elevator means an elevator whose principal uses are the receiving of grain from another elevator and the cleaning, storing and treating of the grain before it is moved forward; (installation terminale ou silo terminal)

• 2[p71]Repealed

  transfer elevator[Repealed, 2012, c. 31, s. 351]

• 2[p72]Repealed

  weigh-over[Repealed, 2012, c. 31, s. 351]

• 2[p73]

  Western Division means all that part of Canada lying west of the meridian passing through the eastern boundary of the City of Thunder Bay, including the whole of the Province of Manitoba; (région de l’Ouest)

• 2[p74]

  western grain means grain, other than imported grain, that is delivered into the Western Division. (grain de l’Ouest)

• 2.1Contaminated grain

  Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either

• 2.1(a)

  adulterated for the purposes of the Food and Drugs Act; or

• 2.1(b)

  contaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act.

• 3Commission established

  There is hereby established a Commission to be known as the Canadian Grain Commission consisting of three commissioners to be appointed by the Governor in Council to hold office, during good behaviour, for a renewable term of up to seven years.

• 4Chief commissioner and assistant chief commissioner
• 4(1)

  The Governor in Council shall designate one of the commissioners to be chief commissioner and another commissioner to be assistant chief commissioner.

• 4(2)Commissioner chief executive officer

  The chief commissioner is the chief executive officer of the Commission and, subject to section 12, has supervision over and direction of the work and staff of the Commission.

• 4(3)Powers of assistant chief commissioner

  The assistant chief commissioner may exercise all the powers and perform all the functions of the chief commissioner in the event of the absence or incapacity of the chief commissioner or if the office of the chief commissioner is vacant.

• 5Salaries and expenses
• 5(1)

  Each commissioner shall be paid a salary to be fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses incurred by him while absent from his ordinary place of residence in the course of his duties under this Act.

• 5(2)Superannuation and compensation

  The commissioners are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

• 6Oath of office
• 6(1)

  A commissioner shall, before entering on his duties as such, take and subscribe, before a superior court judge, an oath of office in prescribed form.

• 6(2)Duties to be full-time duties

  A commissioner shall devote the whole of his time to the performance of his duties under this Act.

• 6(3) and (4)Repealed

  [Repealed, 1994, c. 45, s. 3]

• 7Outside interest

  A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or other interest in grain or the carriage of grain, other than as a producer of grain.

• 8Disposing of property

  Any commissioner in whom any property giving rise to an interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months after the vesting, dispose of that property.

• 9Repealed

  [Repealed, 2010, c. 12, s. 1662]

• 10Staff

  Any officers and employees that are necessary for the proper conduct of the business of the Commission, including managers and employees employed at elevators constructed or acquired by Her Majesty in right of Canada and administered by the Commission under this Act, shall be appointed in the manner authorized by law.

• 11Head office

  The head office of the Commission shall be at the City of Winnipeg, in the Province of Manitoba, but the Commission may hold meetings and hearings at such other places as the Commission considers necessary or desirable for the proper conduct of the business of the Commission.

• 12By-laws

  The Commission may make by-laws

• 12(a)

  respecting the calling of meetings of the Commission, the regulation of its proceedings and generally for the conduct of its activities;

• 12(b)

  distributing among the commissioners duties to be performed by them;

• 12(c)

  specifying the duties of officers, managers and employees appointed as described in section 10;

• 12(d)

  designating as an inspector for the purposes of this Act any person who, in the opinion of the Commission, is qualified to be so designated;

• 12(e)

  respecting the establishment of committees of the Commission composed of commissioners or other persons or both, the delegation of duties to those committees and the fixing of quorums for meetings thereof;

• 12(f)

  designating a seal to be used by the Commission to authenticate any documents issued by it; and

• 12(g)

  fixing the allowance to be paid to members of grain standards committees.

• 13Objects

  Subject to this Act and any directions to the Commission issued from time to time under this Act by the Governor in Council or the Minister, the Commission shall, in the interests of the grain producers, establish and maintain standards of quality for Canadian grain and regulate grain handling in Canada, to ensure a dependable commodity for domestic and export markets.

• 14Functions
• 14(1)

  Subject to this Act, the Commission shall, in furtherance of its objects,

• 14(1)(a)

  recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada;

• 14(1)(b)

  establish and apply standards and procedures regulating the handling, transportation and storage of grain and the facilities used therefor;

• 14(1)(c)

  conduct investigations and hold hearings on matters within the powers of the Commission;

• 14(1)(d)

  manage, operate and maintain every elevator constructed or acquired by Her Majesty in right of Canada, the administration of which is assigned by the Governor in Council to the Commission;

• 14(1)(e)

  undertake, sponsor and promote research in relation to grain and grain products and, in so doing,

• 14(1)(e)(i)

  may request that a grain dealer or an operator of an elevator provide it with any sample of grain, grain products or screenings in their possession that the Commission specifies,

• 14(1)(e)(ii)

  wherever appropriate, utilize technical, economic and statistical information and advice from any department or agency of the Government of Canada, and

• 14(1)(e)(iii)

  maintain an efficient and adequately equipped laboratory;

• 14(1)(e.1)

  monitor compliance with end-use certificates provided pursuant to section 87.1; and

• 14(1)(f)

  advise the Minister in respect of such matters relating to grain, grain products and screenings as the Minister may refer to the Commission for its consideration.

• 14(2)Restriction

  The Commission shall not, in operating any elevator as a primary elevator pursuant to paragraph (1)(d), purchase grain.

• 14(3)Delegation

  The Commission may, by by-law, authorize any person to exercise or perform on the Commission’s behalf, subject to such restrictions or limitations as the Commission may specify, any of the powers, duties or functions of the Commission under this Act other than the power to make any regulation, order or by-law.

• 15Report

  The Commission shall during the month of February in each year submit to the Minister a report, in such form as the Minister may direct, on the activities of the Commission during the crop year immediately preceding and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

• 15.1Export certificates

  The Commission may issue any certificate or other document setting out any information that the Commission considers necessary to facilitate the export of any grain.

• 16Grades may be established by regulation
• 16(1)

  The Commission may, by regulation, establish grades and grade names for any kind of western grain and eastern grain and establish the specifications for those grades and set out a method or methods, visual or otherwise, for determining the characteristics of the grain for the purposes of meeting the quality requirements of purchasers of grain.

• 16(2)Coming into force of regulation

  Unless a regulation made under this section expressly provides otherwise, the provisions of the regulation in relation to western grain shall come into force not earlier than August 1 next following the date the regulation is made and the provisions thereof in relation to eastern grain shall come into force not earlier than July 1 next following the date the regulation is made.

• 16(3)Reduction in value to be minimized

  Any variation in a grade of grain to be made by a regulation under this section shall, where possible and consistent with increasing the acceptance of Canadian grain in export and domestic markets, be made so as to prevent or minimize any reduction in the value of existing grain of the grade to be so varied.

• 17 and 18Repealed

  [Repealed, R.S., 1985, c. 37 (4th Supp.), s. 5]

• 19Grades for grain that is out of condition, etc.

  The Commission may, by order, establish

• 19(a)

  grades and grade names for any grain

• 19(a)(i)

  that is out of condition,

• 19(a)(ii)

  that has been specially binned,

• 19(a)(iii)

  that may be marketed on the basis of its specifications rather than a grade established by regulation, or

• 19(a)(iv)

  that, by reason of its intermixture with another material, would not be eligible to have assigned to it a grade established by regulation; and

• 19(b)

  grades and grade names, and specifications for those grades, for any screenings.

• 20Grain standards committees
• 20(1)

  The Commission shall, by by-law, constitute a western grain standards committee and an eastern grain standards committee, in this Part referred to as the Western Standards Committee and the Eastern Standards Committee, for the purpose of

• 20(1)(a)

  recommending specifications for grades of grain and selecting and recommending primary standard samples and export standard samples of grain; and

• 20(1)(b)

  performing such other duties in connection with the determination of grain standards as may be assigned to each committee by the Commission.

• 20(2)Membership of Western Standards Committee

  The Commission shall, with the approval of the Minister, appoint to the Western Standards Committee

• 20(2)(a)

  a commissioner, a grain inspector and a scientist;

• 20(2)(b)Repealed

  [Repealed, 2012, c. 31, s. 354]

• 20(2)(c)

  two persons nominated by the Deputy Minister of Agriculture and Agri-Food;

• 20(2)(d)Repealed

  [Repealed, 2011, c. 25, s. 25]

• 20(2)(e)

  two persons selected from among processors of grain;

• 20(2)(f)

  two persons selected from among exporters of grain;

• 20(2)(g)

  twelve actual producers of western grain; and

• 20(2)(h)

  any additional persons not exceeding four in number that the Commission considers advisable.

• 20(3)Membership of Eastern Standards Committee

  The Commission shall, with the approval of the Minister, appoint to the Eastern Standards Committee

• 20(3)(a)

  a commissioner, a grain inspector and a scientist;

• 20(3)(b)

  one person nominated by the Deputy Minister of Agriculture and Agri-Food;

• 20(3)(c)

  four persons selected from among processors and exporters of grain;

• 20(3)(d)

  not more than four persons representative of producers of eastern grain; and

• 20(3)(e)

  such additional persons not exceeding three in number as the Commission deems advisable.

• 20(4)Chairman

  A commissioner shall preside as chairman at each meeting of a grain standards committee.

• 21Oath of office
• 21(1)

  Each member of a grain standards committee who is not a commissioner and is not employed in the federal public administration shall, before entering on his duties as a member of the committee, take an oath of office in prescribed form.

• 21(2)Term of office

  The Commission shall, by by-law, establish the terms of office of those members of a grain standards committee who are not employed in the federal public administration.

• 21(3)Idem

  Notwithstanding subsection (2) and subsections 20(2) and (3), no person, except a person employed in the federal public administration, shall serve as a member of a grain standards committee for a period of more than seven consecutive years.

• 21(4)Quorum

  The quorum of a grain standards committee shall be at least half of the number of members in office.

• 22Remuneration and expenses

  Each member of a grain standards committee is entitled to be paid

• 22(a)

  if the member is not employed in the federal public administration, an allowance for the member’s services in an amount to be fixed by by-law of the Commission; and

• 22(b)

  reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties under this Act.

• 23Preparation of samples

  As early as possible in each crop year the Commission shall cause to be collected representative samples of the crop of western grain and the crop of eastern grain of that crop year and, from those samples and from such other samples of the stocks of grain from any previous crop year as the Commission considers to be representative of the existing stock of any grain, cause to be prepared representative samples of

• 23(a)

  each grade of grain established by regulation that the Western Standards Committee or the Eastern Standards Committee considers advisable;

• 23(b)

  any other grade of western grain or eastern grain for which, in the opinion of the Commission, it would be appropriate to designate primary standard samples or export standard samples or both; and

• 23(c)

  any grain in respect of which the Commission wishes to obtain a recommendation pursuant to paragraphs 24(2)(b) and (c).

• 24Meetings to be convened
• 24(1)

  When representative samples of grain have been prepared pursuant to section 23 and such reports on the milling, baking and other qualities of the samples as the Commission deems necessary have been obtained, the Commission shall convene a meeting of each grain standards committee.

• 24(2)Duties of grain standards committees

  A grain standards committee shall examine the samples of grain supplied to the committee by the Commission and

• 24(2)(a)

  select and recommend to the Commission samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) that in the opinion of such committee represent as accurately as possible the minimum of that grade;

• 24(2)(b)

  recommend to the Commission names and specifications for other grades of grain that, in the opinion of the committee, should be established for the current crop year; and

• 24(2)(c)

  select and recommend to the Commission samples of each grade of grain recommended pursuant to paragraph (b) that, in the opinion of the committee, represent as accurately as possible the minimum of that grade.

• 24(3)Definition of grain standards committee

  In subsection (2), grain standards committee,

• 24(3)(a)

  in the case of western grain, means the Western Standards Committee; and

• 24(3)(b)

  in the case of eastern grain, means the Eastern Standards Committee.

• 24(4)Recommendation of export standard samples

  The Western Standards Committee shall, in respect of examine the samples of grain of that grade supplied to the Committee by the Commission and select and recommend to the Commission samples of the grade that, in the opinion of the Committee, represent as accurately as possible the average of grain of that grade received at any or all elevators at any or all inspection points.

• 24(4)(a)

  each grade of western red spring wheat and western amber durum wheat that, in the opinion of the Commission, is likely to be sold for export, and

• 24(4)(b)

  any other grade of western grain that the Commission refers to it for consideration,

• 25Delegation of duties

  A grain standards committee may

• 25(a)

  delegate to a subcommittee of its members, which shall include an inspector, any function assigned to the committee by paragraph 24(2)(b) or (c); and

• 25(b)

  if a sample of any grade of grain is not available in a crop year, or if the committee is of the opinion that the quality of a grade of grain has not varied significantly from the immediately preceding crop year, recommend to the Commission a sample approved by the Commission for that grade in a previous crop year.

• 26Designation of primary standard samples and export standard samples

  The Commission shall, for each crop year,

• 26(a)

  on considering the recommendations of a grain standards committee made pursuant to subsection 24(2), designate primary standard samples of each grade of grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of grain as the Commission considers advisable; and

• 26(b)

  on considering the recommendations of the Western Standards Committee made pursuant to subsection 24(4), designate export standard samples of each grade of western grain for which a representative sample was prepared pursuant to paragraph 23(a) and of such other grades of western grain as the Commission considers advisable.

• 27Export standard samples
• 27(1)

  The export standard sample that is designated for a grade of grain

• 27(1)(a)

  shall be used as the visual grading standard in the grading of western grain of that grade discharged from a terminal elevator or process elevator; and

• 27(1)(b)

  constitutes the minimum visual quality of the grade for that grain.

• 27(2)Primary standard samples

  The primary standard sample that is designated for a grade of grain

• 27(2)(a)

  shall be used as a visual grading guide in the grading of grain of that grade, other than western grain discharged from a terminal elevator or process elevator; and

• 27(2)(b)

  constitutes the minimum visual quality of the grade for that grain.

• 27(3)Non-visual criteria of quality

  Where that criterion shall be taken into consideration in determining the grade of the grain.

• 27(3)(a)

  protein content is a criterion of quality that applies to a grade of grain, or

• 27(3)(b)

  any other criterion of quality that cannot be determined visually by comparison with a primary standard sample or export standard sample applies to a grade of grain,

• 27(4)Limitation

  No person shall, on the basis of the use of a primary standard sample,

• 27(4)(a)

  assign a grade to any grain that does not meet the specifications for that grade established by or under this Act; or

• 27(4)(b)

  refuse to assign a grade to any grain that meets the specifications so established for that grade.

• 28Grain of variety not registered under Seeds Act

  Notwithstanding paragraph 27(4)(b), where grain of any kind is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada, no person shall, except with the permission of the Commission, assign to that grain a grade that is higher than the lowest grade established by regulation for that kind of grain.

• 29Provision for inspection

  The Commission shall make provision for the inspection of grain at such places as the Commission may, by by-law, determine.

• 30Order of inspection
• 30(1)

  Subject to the regulations, an inspector

• 30(1)(a)

  shall, on application for inspection and in the order of receipt of applications for inspection, make an official inspection of grain at any place where provision for inspection has been made; and