Amendments to the Canada Grain Regulations – Modernize ‘Subject to Inspector’s Grade and Dockage’ provisions
The proposed regulatory amendments would provide clarity on process and timing with respect to sampling on delivery and to the Canadian Grain Commission’s ‘subject to inspector’s grade and dockage’ binding dispute resolution mechanism. ‘Subject to inspector’s grade and dockage’ is an important producer protection tool for arbitrating disputes between producers and elevator operators who cannot otherwise agree on a grade or dockage for a delivery of grain. The existing ‘subject to inspector’s grade and dockage’ provision is relatively narrow and prescriptive in scope. The proposed amendments support the Canadian Grain Commission’s commitment to modernize its regulatory framework to keep pace with the rapidly evolving grain sector with the aim to improve responsiveness, reduce inconsistencies, and enhance producer protections.
Potential impacts on Canadians, including businesses
The proposal would ensure that the ‘subject to inspector’s grade and dockage’ binding dispute resolution mechanism better reflects the needs of grain producers and Canadian Grain Commission licensees. This would improve clarity for, and enhance transparency between, producers and licensees. Costs of the proposal to all stakeholder groups, including the Canadian Grain Commission, are anticipated to be minimal.
Regulatory cooperation efforts (domestic and international)
Several stakeholders have expressed concerns about timing and sample retention requirements outlined in the Canada Grain Regulations. Formal consultations on the proposal were conducted from December 13, 2021 to February 28, 2022 with all impacted stakeholders. Proposed amendments are targeted to be pre-published in the Canada Gazette, Part I for public consultation in late spring 2022.
Further information on this proposal can be requested from the Canadian Grain Commission.
The date the regulatory initiative was first included in the Forward Regulatory Plan
April 28, 2021
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