Delivery eligibility declaration questions and answers
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1. What are the requirements for delivery eligibility declarations under the Canada Grain Act and Canada Grain Regulations?
The Canada Grain Act establishes the obligation for every person to make and provide declarations regarding grain and provide the Canadian Grain Commission authority to make regulations with respect to declaration form and content, timing of provision, and to whom it must be provided (Sections 83.1 to 83.3).
The Canada Grain Regulations prescribe the requirements for making declarations. Section 65(3) requires that a declaration must be provided to the person who receives the grain delivery. Section 65(4) requires that a declaration be made and provided at least once for every crop year, no later than the date of the first delivery of grain that requires a declaration.
It is important to note that the penalties set out by the Canada Grain Act only apply to the producer’s declaration regarding the eligibility of the variety they are delivering for payment, and not other contract requirements that may be set out in a commercial declaration by a licensed grain company.
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2. Why are delivery declarations required?
Declarations provide a practical and relatively low-impact approach to ensure the dependability and quality of grain when delivered into the Canadian licensed grain handling system.
The availability of reliable information helps ensure that producers receive the grain grade and payment for which they are eligible.
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3. What’s the difference between a Declaration of Eligibility for Delivery of Grain and a commercial declaration provided by the grain company I’m working with?
A Declaration of Eligibility for Delivery of Grain is required from producers to confirm that the grain they are delivering is a variety that is eligible for the kind/class of grain being sold. This is required by the Canada Grain Act. For example, if a producer is delivering a truckload of wheat and seeking payment for a CWRS class, they must sign a declaration to confirm they grew wheat from a variety that is designated to the CWRS class.
A commercial declaration is a contractual document that includes commercial requirements or information needed for grain marketing. This is required under the terms of the grain company’s contract. For example, a buyer may require a producer to sign a declaration that their crop was not treated with specific input products.
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4. The grain company I’m working with has combined the Declaration of Eligibility for Delivery of Grain and a commercial declaration into one form. Is that allowed?
Yes, if the combined declaration meets certain requirements.
While the reasons for declarations are different, grain companies may choose to combine both types of declaration into a single form for administrative efficiency. They may also choose to include the Declaration of Eligibility for Delivery of Grain as part of their grain delivery contracts. Companies must clearly identify the declaration wording required by the Canada Grain Regulations and show it is a separate and distinct section. As part of our licensing process, the Canadian Grain Commission reviews licensees’ declarations to ensure this happens. However, producers have the right to request that a grain company use the form prescribed by the Canadian Grain Commission instead of a combined document.
It is important to note that the penalties set out by the Canada Grain Act only apply to the producer’s declaration regarding the variety they are delivering, and not other contract requirements that may be set out in a commercial declaration by a licensed grain company.
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5. Do American producers have to fill out a declaration of eligibility form?
Yes. American producers who deliver grain into the licensed Canadian grain handling system have the same obligations as Canadian producers.
Grains requiring declaration
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6. What kinds of grain does the declaration apply to?
The prescribed Declaration of Eligibility for Delivery of Grain form applies to all grains designated under the Canada Grain Act that are listed in the Kinds of Grain that Require a Declaration of Eligibility for Delivery of Grain document.
This list aligns the requirement for declarations with grains that are subject to variety registration based on quality considerations.
A declaration is required for:
- barley
- beans
- buckwheat
- canola
- faba beans
- flaxseed
- lentils
- mustard seed
- oats
- peas
- rapeseed
- rye
- triticale
- wheat (including durum)
No declaration is required for:
- canary seed
- chickpeas
- corn
- safflower
- soybeans (food grade)
- soybeans (oilseed)
- sunflower
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7. What criteria were used to determine which grains had quality considerations as part of registration?
The Canadian Food Inspection Agency Variety Registration Office and the Registrar, Variety Registration are responsible for registering varieties in Canada. The grain kinds that require a declaration are linked to variety registration to protect the quality outcomes of registration. This is a key component of the Canadian grain quality and safety assurance system. More information is available in section 28 of the Canada Grain Act.
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8. Can I still use farm-saved seed to produce and sell grain?
Yes. However, you must be able to declare that the grain is produced from a variety that is registered and eligible for the class (if applicable) to be eligible for the top grade. The Canada Grain Act and official grain grading framework do not differentiate grain produced from farm-saved seed from grain produced from certified seed.
Declaration form applicability
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9. Who is obligated to provide a Declaration of Eligibility for Delivery of Grain form?
The requirement to make and provide a declaration applies to all persons, including licensees, selling to Canadian Grain Commission-licensed facilities.
If you are using a producer car administrator, sign the declaration and send it to the administrator. If you are self-administering producer cars, send your signed form to the grain company before the first delivery.
If someone is hauling grain for you, you are responsible for ensuring the following:
- you have signed a declaration form at the elevator before your delivery or sent a signed form with the load of grain being delivered
- the person hauling your grain knows the kind (and class, if applicable) of the grain being delivered
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10. Does the declaration requirement extend to country elevators in eastern Canada not licensed by the Canadian Grain Commission?
No. Declarations are only required for Canadian Grain Commission-licensed facilities.
However, because declarations will be required at licensed grain handling facilities in eastern Canada, including terminal elevators or processing facilities, elevators in eastern Canada not licensed by the Canadian Grain Commission may include a declaration of their own to support the grain quality assurance system.
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11. Does the declaration requirement extend to deliveries to licensed terminals, grain dealers who do not have facilities, and process elevators such as crushing facilities?
Yes. The requirement applies to all Canadian Grain Commission-licensed facilities. The declaration requirement applies to all deliveries of applicable grain kinds into the licensed grain handling system.
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12. Does the requirement apply to facilities and operations that are exempted from Canadian Grain Commission licensing such as feed mills?
No. The requirements do not apply to grain handling facilities or operations that are exempted from licensing by the Canadian Grain Commission.
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13. Does the declaration requirement apply to producer railway car deliveries?
Yes and no. A declaration is not needed for a delivery to a producer railway car loading facility, as they are not buying the grain. However, a declaration must be provided to the licensed facility that buys the producer car shipment.
Declaration form content and use
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14. Has the Canadian Grain Commission published the statutory declaration form?
Yes. Producers have the right to request that a grain company use this form instead of a combined declaration.
Declaration of Eligibility for Delivery of Grain (PDF, 210 kb) form.
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15. What is the process for ensuring the prescribed declaration form remains current?
Before the start of each new crop year, the Canadian Grain Commission reviews the declaration form to ensure that it is still meeting the needs of the sector.
To maintain transparency, the Canadian Grain Commission will share any proposed modifications to the declaration form on its website before they come into effect. Licensed facilities will need to ensure that, if they incorporate the Declaration of Eligibility for Delivery of Grain form into commercial declarations or existing grain delivery contracts, that these reflect any modifications made.
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16. What type of information is required on the prescribed declaration form?
The declaration form requires verification that the variety being delivered is eligible for a grain kind and class (if applicable). The information fields included in the Declaration of Eligibility for Delivery of Grain form are the minimum requirements.
Licensed grain companies may choose to combine the Declaration of Eligibility for Delivery of Grain with commercial declarations or into a grain delivery contract (contractual documents that include commercial requirements or information for grain marketing). While companies may choose to combine these documents into one form, they must clearly identify the declaration wording required by the Canada Grain Regulations and show it as a separate and distinct section. We review the declarations of licensed grain companies that use combined declaration forms.
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17. Is a separate declaration required for each grain type or class? When must the declaration form be signed?
No. The Canada Grain Regulations require that one declaration be provided for all grains listed in the Canadian Grain Commission’s Kinds of Grains that Require a Declaration of Eligibility for Delivery of Grain document, and that a declaration must be made at least once per crop year, no later than the date of the first grain delivery in that crop year.
This means that a producer only needs to fill out one declaration at each licensee where they deliver, and that the declaration covers all required grain kinds they may be delivering in that crop year.
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18. How does the Canadian Grain Commission support compliance?
The Canadian Grain Commission works with licensees and producers to ensure awareness of their obligations under the Canada Grain Act. The Canadian Grain Commission has incorporated declaration compliance measures into existing processes including:
- requiring evidence (for example, a sample declaration form) that declarations are in use as part of a licensee’s annual licence renewal process
- obtaining evidence of declaration use as part of regular or risk-based auditing of licensees
- continuing to monitor bulk vessel exports for grain quality and integrity factors
If issues are identified, the Canadian Grain Commission works with licensees, commodity associations, and producers to solve them, relying on existing investigative and compliance authorities within the Canada Grain Act.
The Canadian Grain Commission responds to enquiries from licensees or producers on a case-by-case basis.
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19. What are the consequences of making a false declaration?
Section 83.3 of the Canada Grain Act establishes that no person shall make a false or misleading statement in a declaration. If a person has failed to make a declaration as required or made a false declaration, they may be subject to penalties set out in the Canada Grain Act.
While grain companies may set out contract obligations and penalties associated with their commercial declarations or grain delivery contracts, the penalties set out by the Canada Grain Act only apply to the producers’ declaration regarding the eligibility of the variety they are delivering and not other contract requirements.
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20. How can a producer prove they did not knowingly make a false declaration?
If a producer has unknowingly made a false declaration under the statutory declaration requirements, the producer should contact the Canadian Grain Commission. All instances will be dealt with on a case-by-case basis. In some cases, the Canadian Grain Commission may perform varietal testing on a sample of the grain delivery in question to determine its eligibility.
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21. Who can I contact if I have other questions?
If you have any other questions about the Declaration of Eligibility for the Delivery of Grain requirements in Canada, please contact Derek Bunkowsky, Chief Grain Inspector for Canada at:
204-297-8541 or 204-983-2780
derek.bunkowsky@grainscanada.gc.ca
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