PKM Canada Marine Terminal Limited Partnership – Handling Sulphur

Order number 2023-45


  1. PKM Canada Marine Terminal Limited Partnership operates a licensed terminal elevator located at North Vancouver, BC which handles grain regulated under the Canada Grain Act (the Act) and sulphur which is not regulated under the Act.
  2. Paragraph 57(b) of the Act prohibits receiving into licenced elevators “any material or substance for storage other than grain, grain products or screenings”, except as may be authorized by regulation or by order of the Canadian Grain Commission (the Commission).
  3. Section 2 of the Act defines “grain” as the seeds designated by regulation. Subsection 5(1) of the Canada Grain Regulations (the Regulations) designates 21 seeds for the purposes of the Act: barley, beans, buckwheat, canary seed, canola, chick peas, corn, fababeans, flaxseed, lentils, mixed grain, mustard seed, oats, peas, rapeseed, rye, safflower seed, soybeans, sunflower seed, triticale and wheat.
  4. The Commission has authority under paragraph 117(b) of the Act to make orders exempting a particular elevator or operation from the licensing or any other requirements of this Act or the Regulations, where, in the opinion of the Commission, the control of any type of elevator or type of grain handling operation or any particular elevator or grain handling operation is not essential for maintaining the quality, safe-keeping and orderly and efficient handling of grain in Canada.
  5. PKM Canada Marine Terminal Limited Partnership has a dedicated agricultural system to handle grain which mitigates the risk of commingling of grain and sulphur that may result from using the same equipment and the Commission is satisfied the dedicated agricultural system is effective to prevent commingling of grain and sulphur.
  6. This order comes into effect on the later of the crop year commencing August 1, 2023, or the signing date, and is in effect until July 31, 2024, unless revoked earlier

Pursuant to paragraph 117(b) of the Act, the Commission makes the following order:

  1. PKM Canada Marine Terminal Limited Partnership may receive and discharge sulphur at its licensed terminal elevator at North Vancouver, BC, subject to the following conditions:
    1. PKM Canada Marine Terminal Limited Partnership is required to declare their intention to handle sulphur to the Commission’s Licensing Unit prior to the beginning of each crop year; and
    2. PKM Canada Marine Terminal Limited Partnership must, upon receipt and discharge of sulphur at their licensed terminal elevator at North Vancouver, BC, use the dedicated non-agricultural system.
  2. In the event that one or both of the conditions set out in subparagraphs 1 a. and b. of this order are not met, the Commission may stipulate a reasonable period for compliance or terminate this order and notify PKM Canada Marine Terminal Limited Partnership in writing of its decision.
  3. If sulphur is detected in grain being discharged from PKM Canada Marine Terminal Limited Partnership’s licensed terminal elevator at North Vancouver, BC, the Commission will review certification options for the grain shipment in the contaminated hold(s). Grain certification will be held as “Grain Type, Contaminated Grain”, until the shipment is reviewed by the Chief Grain Inspector.
  4. If sulphur is detected, in order for the Commission to proceed with certification of the grain shipment as grade ordered, PKM Canada Marine Terminal Limited Partnership must adhere to the following procedures:
    1. Remove grain and sulphur from the vessel hold(s) in question;
    2. Treat the grain as advised by the Chief Grain Inspector; and
    3. Provide the Commission with a sample of the material removed from the vessel hold(s) in question and any other information that is needed to determine if certification of the shipment can be made.
  5. The decision in respect of this order was made at meetings of a quorum of the Commission on May 10, 2023. Two of three Commissioners constitutes a quorum of the Commission.

This order may be executed and delivered via facsimile or PDF and in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument, and it shall not be necessary in making proof of this order to produce or account for more than one such counterpart.

Doug Chorney
Chief Commissioner

Patty Rosher
Assistant Chief Commissioner

Lonny McKague

Signed on: May 10, 2023

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