Service Fee Remission Policy pursuant to the Service Fees Act

1. Effective Date

This policy takes effect August 1, 2021.

2. Application

This policy applies only to certain Canadian Grain Commission fees listed in Schedule 1 of the Canada Grain Regulations.

This policy does not apply to fees listed in Schedule 1 of the Canada Grain Regulations that are considered low-materiality fees under the Low Materiality Fees Regulations. Sections 3 to 18 of the Service Fees Act do not apply to low materiality fees.

Additionally, this policy does not apply to fees not listed in Schedule 1 of the Canada Grain Regulations as these fees are exempt from section 7 of the Service Fees Act.

3. Context

In accordance with the Service Fees Act, the Canadian Grain Commission has established performance standards for its fees. Performance standards are a public commitment to a measurable level of performance that a fee-payer can expect under normal circumstances. Canadian Grain Commission performance standards are identified as service standards on the departmental website.^{Footnote 1}

Section 7 of the Service Fees Act requires departments to issue a remission to a fee-payer if it is determined that a performance standard in relation to a fee has not been met. A portion of the fee that is considered appropriate must be made to any affected person who paid the fee, before July 1 of the following fiscal year. Factors considered when a performance standard is not met, as well as the appropriate portion of a fee to be remitted, must be made in accordance with Treasury Board policies and directives.

This policy establishes Canadian Grain Commission considerations for determining when a service standard is considered not met for the purposes of a remission.

4. Objectives and Expected Results

The objectives of this policy are:

To outline considerations used to determine whether a service standard has been met or not; and
To outline considerations used to determine whether a remission^{Footnote 2} to a fee-payer will be made in the event that a service standard for a fee in Schedule 1 of the Canada Grain Regulations has not been met.

The expected results are that:

The Canadian Grain Commission satisfies its remission responsibilities where a service standard is not met for a fee established in Schedule 1 of the Canada Grain Regulations; and
Where a performance standard is not met, the appropriate portion of a fee to be remitted is fair and consistent.

5. Considerations

Considerations for determining whether a service standard is not met and whether a remission will be made include:

Where a performance standard is a period of time, the period does not commence until a fee-payer has satisfied all requirements related to the service requested and paid the fee for the service.
Determination of whether a service standard is met or not is evaluated on an individual basis.
Canadian Grain Commission operational circumstances will be considered. For example:
- to determine if there were exceptional circumstances not within the Canadian Grain Commission’s control that impacted service delivery such as equipment failure, system disruptions and/or failures, unforeseen office closures, labour disputes, a natural disaster, or emergency situations. If it is determined that exceptional circumstances resulted in not meeting a service standard, the fee would not be remitted.
If delays in service delivery were caused by factors within the control of the fee-payer, a fee will not be remitted. This could include submission of an incomplete or inaccurate application and/or documentation; restricted or denial of access to premises for Canadian Grain Commission personnel, including for safety reasons; any other delays within the fee payer’s control that result in the Canadian Grain Commission not meeting the service standard.

6. Remission amounts

When the Canadian Grain Commission determines a service standard has not been met and determines a remission will be made, the Canadian Grain Commission will initiate the remission process to refund a portion or the full fee paid to the fee-payer.

Canadian Grain Commission remission amounts are related to the amount of time outside a service standard that the service is delivered and consider the impact to the fee-payer. Remission amounts shall not exceed 100 percent of the fee charged. Where a fee has been paid and the service is not ultimately delivered, the full fee will be remitted.

Interest is not payable on a remission as per subsection 4.2.4.3 of the Treasury Board Directive on Charging and Special Financial Authorities.

7. Remission issuance

Remissions will automatically be issued by the Canadian Grain Commission in accordance with the Service Fees Act and the Treasury Board Directive on Charging and Special Financial Authorities.

The Canadian Grain Commission is responsible for issuing remissions and fee-payers do not need to apply for them.

Remissions will be issued on a regular basis throughout the year and fee-payers will be notified when the CGC determines a remission is payable.

Remissions will be issued in the form of a refund or credit memo in accordance with the existing Canadian Grain Commission refund mechanism for each fee. All remissions will be completed before July 1st of the following fiscal year^{Footnote 3}.

The Canadian Grain Commission will make a reasonable attempt to remit^{Footnote 4} the appropriate portion of the fee to the fee-payer. The Commission’s ability to make a remission is subject to receipt of up-to-date fee-payer information.

8. Remission policy and service standard review

The Canadian Grain Commission will review and update its Remission Policy annually or as required.

The Canadian Grain Commission conducts a full review of all fees and service standards on a five-year cycle. The next review is scheduled for 2022-23. The Canadian Grain Commission may also address issues outside the five-year fee review cycle as warranted. Canadian Grain Commission service standards for fees in Schedule 1 to the Canada Grain Regulations are reviewed and stakeholders are consulted as part of the regulatory fee amendment process.

9. Roles and responsibilities

The Canadian Grain Commission’s chief financial officer is responsible for ensuring that a departmental policy and procedures for granting remissions to fee-payers under section 7 of the Service Fees Act are established and adhered to. This includes ensuring that the remission policy and procedures are available to the public.

The Canadian Grain Commission’s chief operating officer is responsible for establishing service standards for fees charged for services and the conferral of rights and privileges in accordance with relevant Treasury Board policies and directives. The chief operating officer is also responsible for establishing and implementing processes for tracking and monitoring the charging of fees, compliance with service standards, and remissions.

Canadian Grain Commission program managers are responsible for initiating the process to issue a remission, in accordance with this policy, when a service standard is considered not met.

10. Enquiries

Comments, questions, or concerns about the Canadian Grain Commission’s Remission Policy or service standards should be directed to contact@grainscanada.gc.ca.

Appendix A: Remission Amounts

	Fee name	Service standard	Remission formula
Official inspection
1.	Official inspection - ships	When grain being loaded is other than grade ordered or specification ordered, the Canadian Grain Commission informs the elevator staff of non-conformance within one hour of the increment being loaded. One original certificate final is issued to the client within two business days^{Footnote 5} of approval of the official weight from Weighing Services and determination of the grade from Inspection Services.	Non-Conformance form – for incremental loading, if a Non-Conformance form is not issued within one hour of the sample being processed, the remission amount is the per tonne fee multiplied by the tonnage of the missed increment (e.g. 2,000 tonnes multiplied by the per tonne inspection fee). Certificate Final - $2,500 flat rate per day for each business day after the 2-day standard.
2.	Official inspection - railway cars/ trucks/ containers	Service standard requirements under the Service Fees Act are not applicable as this is a low-materiality fee.	Remissions are not applicable as this is a low-materiality fee.
Reinspection
3.	Reinspection of grain	Service standard requirements under the Service Fees Act are not applicable as this is a low-materiality fee.	Remissions are not applicable as this is a low-materiality fee.
Official weighing
4.	Official weighing - ships	One original Certificate Final is issued to the client within two business days of approval of the official weight from Weighing Services; determination of the grade from Inspection Services.	Linked to provision of Certificate Final and remission amount identified under official inspection of ships service fee. No additional remission available.
5.	Official weighing - railway cars/ trucks/ containers	Service standard requirements under the Service Fees Act are not applicable as this is a low-materiality fee.	Remissions are not applicable as this is a low-materiality fee.
Authorized service provider - inspection or weighing
6.	Third-party authorization	Service standard requirements under the Service Fees Act are not applicable as this is a low-materiality fee.	Remissions are not applicable as this is a low-materiality fee.
Supplementary fees for official inspection
7.	Travel and accommodation for official inspection services outside regular location	Employees are available to conduct official inspection in a location where on-site inspection is not available.	If CGC employees are not available, fee is not charged. Remission not applicable.
8.	Non-scheduled service reservation – cancellation (payable by the elevator operator)	Employees are reserved for inspection outside of regular location hours.	If Canadian Grain Commission staff are reserved for official inspection outside of regularly scheduled location hours, the fee will be charged when service is cancelled by the elevator operator. Remission not applicable.
Licensing
9.	Full-term licence	Licensees are sent licence renewal packages three months prior to the annual licence renewal date.	10% of the annual fee if renewal package is sent 1 to 30 days late. 20% of the annual fee if renewal package is sent 31 to 60 days late. 30% of the annual fee if renewal package is sent greater than 61 days late.
		The licensee is sent their licence(s) on or before the licence effective date.	20% of the monthly fee amount for each business day after the licence effective date.
		The Canadian Grain Commission’s website is updated within three business days of the effective date of a change in the status of a licensee and published reports are updated weekly or as needed.	33% of the monthly fee amount for each business day after the 3-day standard.
10.	Short-term licence	The licensee is sent their licence(s) on or before the licence effective date.	20% of the monthly fee amount for each business day after the licence effective date.
Producer railway cars
11.	Producer railway car application	Service standard requirements under the Service Fees Act are not applicable as this is a low-materiality fee.	Remissions are not applicable as this is a low-materiality fee.
Inspection of submitted samples
12.	Inspection of submitted sample	Service standard requirements under the Service Fees Act are not applicable as this is a low-materiality fee.	Remissions are not applicable as this is a low-materiality fee.
Sampling services
13.	Official sample	If request is received prior to the conveyance loading, samples are provided within two business days upon completion of the loading of the conveyance and receipt of the official sample at a Canadian Grain Commission regional office.	50% of the fee for each business day after the 2-day standard.
13.	Official sample	If request is received subsequent to the conveyance loading, samples are provided, if available, within four business days of the request.	50% of the fee for each business day after the 2-day standard.
Documentation
14.	Documentation issued	Applicable documents are issued to the client within two business days after: approval of the official weight from Weighing Services; determination of the grade and grading factors/results from Inspection Services; receipt of final documentation request from the shipper/exporter; completion of all required analytical testing results.	50% of the fee for each business day after the 2-day standard.

Footnotes

Footnote 1

Service Standard is defined in the Directive on Charging and Special Financial Authorities as “a public commitment to provide a service, product, or conferral of rights and privileges, in a way that is measurable and relevant to the fee-payer under normal circumstances. The performance standard referred to in the Service Fees Act is the equivalent of a service standard.”

Return to footnote 1

Footnote 2

Remission is defined as the reimbursement to a fee-payer of a fee or portion of a fee paid in respect of a service, use of facility, or right or privilege for which the department determines the service standard was not met (as per the Directive on Charging and Special Financial Authorities).

Return to footnote 2

Footnote 3

The fiscal year runs from April 1st to March 31st.

Return to footnote 3

Footnote 4

Reasonable attempt to remit means that the responsible authority has made best efforts to obtain complete information required from the fee-payer to issue a remission within the prescribed timeframe.

Return to footnote 4

Footnote 5

A business day is defined as Monday through Friday and excludes weekends and designated holidays.

Return to footnote 5

"Page details"

Date modified:: 2021-07-30

Language selection

Search