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Grain standards committees’ terms of reference

Introduction

The Canadian Grain Commission is established under the Canada Grain Act to “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.”

Section 20(1) of the Canada Grain Act requires that the Canadian Grain Commission, by by-law, constitute a western grain standards committee and an eastern grain standards committee for the purpose of recommending specifications for grades of grain and selecting and recommending primary standard samples of grain.

Canadian Grain Commission By-law No. 4 establishes the following:

  • A western grain standards committee and an eastern grain standards committee.
  • The members of the committees.
  • The terms of office, and the amount they are entitled to be paid, for those committee members who are not employed in the federal public service.

Purpose

Duties

As required by section 24(2) of the Canada Grain Act, a grain standards committee will examine the samples of grain supplied to the committee by the Canadian Grain Commission and:

  1. Select and recommend to the Canadian Grain Commission samples of each grade of grain for which a representative sample was prepared that, in the opinion of the committee, represent as accurately as possible the minimum of that grade;
  2. Recommend to the Canadian Grain 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
  3. Select and recommend to the Canadian Grain Commission samples of each grade of grain recommended in paragraph (b) that, in the opinion of the committee, represent as accurately as possible the minimum of that grade.

As required by section 25(b) of the Canada Grain Act, if a sample of any grade of grain is not available in a crop year, or if the grain standards committee is of the opinion that the quality of a grade of grain has not varied significantly from the immediately preceding crop year, the grain standards committee may recommend to the Canadian Grain Commission a sample that was approved by the Canadian Grain Commission for that grade in a previous crop year.

As required by section 20(1)(b) of the Canada Grain Act, a grain standards committee may also perform other duties in connection with the determination of grain standards as established by the Canadian Grain Commission.

Considerations

During deliberations when performing the above duties, the grain standards committees may consider, amongst other factors, the impacts on all aspects of the grain value chain, including producers, industry, and domestic and international customers, to make science-based recommendations to the Canadian Grain Commission.

Delegation of duties

Section 25 of the Canada Grain Act authorizes a grain standards committee to delegate certain of its responsibilities to a subcommittee of its members who are then able to make recommendations to the Canadian Grain Commission. There are currently no established subcommittees.

Grain standards advisory committees

The Canadian Grain Commission may also, by by-law, establish grain standards advisory committees to explore issues related to grain quality and provide the grain standards committees with technical advice based on scientific research or professional experience. Grain standards advisory committees have their own terms of reference and are distinct from any subcommittees established under section 25 of the Canada Grain Act.

Membership

As required by sections 20(2) and (3) of the Canada Grain Act, membership for the Western Standards Committee and Eastern Standards Committee is as follows:

Western Standards Committee composition

  1. 1 commissioner, 1 grain inspector and 1 scientist
  2. 2 persons nominated by the Deputy Minister of Agriculture and Agri-Food Canada;
  3. 2 persons selected from among processors of grain;
  4. 2 persons selected from among exporters of grain;
  5. 12 actual producers of western grain;
  6. Such additional persons not exceeding four in number as the Canadian Grain Commission considers advisable.

Eastern Standards Committee composition

  1. 1 commissioner, 1 grain inspector and 1 scientist;
  2. 1 person nominated by the Deputy Minister of Agriculture and Agri-Food Canada;
  3. 4 persons selected from among processors and exporters of grain;
  4. Not more than 4 persons representative of actual producers of eastern grain;
  5. Such additional persons not exceeding 3 in number as the Canadian Grain Commission considers advisable.

Tenure and terms of office

As required by section 21(2) of the Canada Grain Act, the Canadian Grain Commission is responsible for establishing, by by-law, the terms of office of grain standards committee members who are not employed in the federal public service. No person, except a person employed in the federal public service, can serve as a member of a grain standards committee for a period of more than seven consecutive years.

By-law No. 4 provides for a term of up to 3 years from the date of initial appointment with the possibility of being renewed twice for a period of up to 2 years for each renewal.

Oath of office or solemn affirmation

As required by section 21(1) of the Canada Grain Act, each member of a grain standards committee (except those employed in the federal public service) is required to take an Oath of Office or Solemn Affirmation before assuming their duties. The Oath of Office and Solemn Affirmation are found separately in Schedule II of the Canada Grain Regulations.

Remuneration and expenses

As required by section 22 of the Canada Grain Act, each member of a grain standards committee (except those employed in the federal public service) is entitled to be paid an allowance for their services in an amount fixed by Canadian Grain Commission by-law, as well as reasonable travel and other expenses while absent from their ordinary place of residence. Refer to Appendix 1: Expenses and travel claims.

Shared responsibilities of all members

  • Submit issues related to grain grading, grain standards, or standard samples as potential agenda items to be investigated either at the main grain standards committee or grain standards advisory committee level.
  • Attend grain standards committee meetings.
  • Present the view of the respective organization or field of expertise for which the member was appointed.
  • Communicate, with the stakeholders they represent, committee meeting deliberations.
  • Commit to following up on action items and otherwise carrying out committee business in a professional manner.

Meetings

As required by section 24(1) of the Canada Grain Act, the Canadian Grain Commission will convene meetings of the grain standards committees.

Frequency and format

Meetings will be conducted in person or virtually, or some combination thereof, and at least 2 times per year in the spring and fall. Additional meetings may be convened as required. The Canadian Grain Commission has the ability to determine the preferred meeting format.

Notice

Notices of grain standards committee meetings will be sent in advance to all committee members. The Canadian Grain Commission will provide committee members with a minimum of 30 days’ notice of regular standards committee meetings. Notices will include a template that members must use to make submissions to the meeting’s agenda and will specify a submission deadline.

Quorum

The quorum of each grain standards committee is at least half of the number of members in office.

Chair

A commissioner will act as Chair at each grain standards committee meeting. The role of the Chair is to set the meeting’s agenda, facilitate input from all members, and moderate member participation.

Attendance by non-members

Observers

  1. Any person who wishes to observe a grain standards committee meeting must send a request to the Chair at least 48 hours prior to that meeting.
  2. The Chair decides whether to approve or deny a request for observer status.
  3. Observers cannot participate in committee votes and do not count towards quorum of a grain standards committee.
  4. Observers may only participate in discussions if the Chair grants them prior approval or invites them to during the meeting.
  5. Observers are not entitled to be paid an allowance for their services, travel or other expenses.

Absenteeism

Members who miss 3 consecutive meetings without informing the Chair shall be deemed to have resigned from the committee and will be notified of this in writing by the Chair.

Recommendations and voting

A grain standards committee may approve its own procedures with respect to tabling recommendations and voting procedures.

Motions to adopt recommendations are to be put forward only by regular members and only after an issue has been given due consideration by the grain standards committee or its advisory committees. Recommendations are adopted through a majority vote on motions made at the grain standards committee meeting. In order for a recommendation to pass, one member must move to adopt the recommendation, another member must then second the motion, and a majority of members must signal their vote in favour of the recommendation. Members in opposition to a recommendation will be provided an opportunity to speak on the issue and have their comments recorded in the meeting minutes.

Record of meetings

The Canadian Grain Commission will keep a summary of each meeting that contains a record of attendance, agenda items, conclusions reached, committee recommendations, and action items assigned.

A summary of each regular meeting will be published on the Canadian Grain Commission website within 4 weeks of the meeting.

Confidentiality

Handling of meeting materials, discussions and information

Meeting materials, discussions and information are not considered confidential unless it is related to an in-camera meeting or an in-camera portion of a meeting. Personal information will be treated in accordance with the Privacy Act.

In-camera meetings

At the discretion of the Chair, a grain standards committee may have meetings, or portions of meetings, in-camera and that may only be attended by regular standards committee members. In-camera meeting proceedings are strictly confidential, and any documents provided in support of these meetings must not be shared. No notes or recordings of in-camera meetings, or in-camera portions of meetings, shall be kept.

Openness and transparency

The Canadian Grain Commission is committed to openness, transparency, and evidence-based decision making. The Canadian Grain Commission will convey information in accordance with its communication and transparency commitments, found in Appendix 2.

Liaison with the Canadian Grain Commission

Role of the Canadian Grain Commission

Grain standards committee recommendations

In accordance with section 26 of the Canada Grain Act, the Canadian Grain Commission will consider recommendations from the grain standards committees to:

  • Designate primary standard samples of each grade of grain for which a representative sample was prepared and of such other grades of grain; and
  • 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.

Communication of decision

Canadian Grain Commission decisions to designate standard samples will be communicated through the Chief Grain Inspector’s office to the grain standards committees as early as possible.

Research support

Grain Research Laboratory scientists will support the grain standards committees by providing expert advice at committee meetings on technical issues related to grain quality and the commercial end-uses of Canadian grain.

Grain standards advisory committee support

Advisory committee Chairs will arrange for reports to be delivered and presented to the grain standards committees as required.

Administrative support

The Canadian Grain Commission will provide the following administrative support to the operation of the grain standards committees:

  • Preparing and distributing notices and meeting agendas.
  • Coordinating presentations and distributing reports and/or related documents that are prepared for grain standards committee information or consideration.
  • Preparing and distributing records of meetings from each grain standards committee meeting.
  • Retaining copies of all documents, reports, and other materials issued, received, and/or approved by the grain standards committees.
  • Assisting with travel arrangements and travel claims.
  • Assisting with teleconferencing support including video conferencing.
  • Coordinating orientations for new members, including providing these Terms of Reference and arranging facility tours.

Proactive disclosure

The Canadian Grain Commission is required to proactively disclose travel and hospitality expenses in the time and manner prescribed by the Comptroller General of Canada. The current proactive disclosure information is posted in the Proactive Disclosure section of Open Government.

Review of grain standards committee terms of reference

The Canadian Grain Commission will review these terms of reference at a minimum of every five years.

Appendix 1: Expenses and travel claims

Background

The National Joint Council Travel Directive applies to public service employees, exempt staff and other persons authorized to travel on government business.

Grain standards advisory committee members (non-public service) are entitled to:

  • A per diem of $310 plus reasonable expenses while attending a committee meeting in person.
  • A per diem of $100 for meetings attended virtually, plus an additional $10 for each 15-minute increment that a meeting lasts beyond two hours.
  • Where the Canadian Grain Commission provides material for review in advance of a committee meeting, $40 per hour for preparation and up to a maximum payment of $160 for meetings attended in person or virtually.
  • Per diem travel expenses as stated in the Travel Directive when attending an in-person meeting.
  • An additional flat fee of $100 for any member who is a non-public servant travelling in excess of 5 hours (one way). For audit purposes, the members’ travel claims are to be accompanied by all receipts.

Under the Travel Directive, travelers have the following responsibilities:

  • Be familiar with the provision of the Travel Directive.
  • Consult and obtain authorization to travel in accordance with the Travel Directive.
  • Inform the employer (the Canadian Grain Commission) of their needs that may require accommodation.
  • Complete and submit travel expense claims with the necessary supporting documentation as soon as possible after the completion of the travel.

Appendix 2: Communication and transparency commitments

Before grain standards committee meetings

  • The Canadian Grain Commission will:
    • leverage stakeholder engagements to ask stakeholder groups for grading or standards issues, concerns, or discussion items
    • provide instructions, on standards committee webpages, on how stakeholders can contact the Canadian Grain Commission or committee members with grading or standards issues, concerns, or discussion items
    • provide instructions, on grain standards committee webpages, on how to attend grain standards committee meetings as an observer
    • accept new discussion items up until it publishes agendas for grain standards committee meetings
    • send notice of meetings to grain standards committee membership and represented stakeholder groups requesting the submission of new discussion items 1 month ahead of grain standards committee meetings
    • do the following 1 week ahead of the grain standards committee meetings:
      • send the agenda to the grain standards committee membership and represented stakeholder groups
      • publish grain standards committee meeting agendas on the Canadian Grain Commission’s website and share them via social media

After grain standards committee meetings

  • 4 weeks after the grain standards committee meetings, the Canadian Grain Commission will publish records of discussions on the Canadian Grain Commission’s website and share the summary via social media
  • If the Canadian Grain Commission makes changes to grain grades or standards, it will issue news releases and share information via social media before the beginning of crop years in eastern and western Canada
  • If the Canadian Grain Commission moves forward with grain standards committee recommendations, it will update Schedule 3 of the Canada Grain Regulations, the Official Grain Grading Guide and/or Memos to the Trade as required

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