By-law no. 4
A by-law respecting the Western and Eastern Grain Standards Committees
Being a by-law to repeal and replace by-law No. 4 dated October 24, 2022.
BE IT ENACTED as a by-law of the Canadian Grain Commission as follows:
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Committees - Pursuant to subsection 20(1) of the Canada Grain Act (the Act), the Commission hereby constitutes the following committees:
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Western Grain Standards Committee - Pursuant to subsections 20(2) and 20(4) of the Act, the Commission, with the approval of the Minister, has appointed the following persons:
Members Description Canadian Grain Commission Doug Chorney (Chairperson) Chief Commissioner Derek Bunkowsky Chief Grain Inspector for Canada Esther Salvano Director General, Grain Research Laboratory Nominated by the Deputy Minister of Agriculture and Agri-Food Felicitas Katepa-Mupondwa Director, Research and Development (Agriculture and Agri-Food Canada) Vacant Canadian Food Inspection Agency Processors of grain Caalen Covey Canadian National Millers Association Kevin Sich Brewing and Malting Barley Research Institute Exporters of grain Tala Mobayen Exporter of grain Robert Tkatchuk Canadian Grain and Oilseed Exporters Association Producers of Western grain Fred Greig Manitoba producer (Manitoba Pulse & Soybean Growers Association) Sean Stanford Alberta producer (Alberta Barley Commission) Glen Tait Saskatchewan producer (Saskatchewan Wheat Development Commission) Shanna Stolhandske-Dale Saskatchewan producer (National Farmers Union) Jean Harrington Saskatchewan producer Chad Doerksen Saskatchewan producer (Saskatchewan Pulse Growers) Rodney Volk Alberta producer (Alberta Pulse Growers) Clayton Harder Manitoba producer (Canadian Canola Growers Association) Fiona Jochum Manitoba producer (Western Canadian Wheat Growers Association) Ken Rosaasen Saskatchewan producer (Saskatchewan Wheat Development Commission) Gregg Fotheringham Manitoba producer (Manitoba Crop Alliance) Jason Lenz Alberta producer (Alberta Barley Commission) Additional Ian Armer Terminal Elevator Association Darren Highfield Country Elevator Association Robert Chapman Inland Terminal Association of Canada James Dunlop Canola Council of Canada -
Eastern Grain Standards Committee - Pursuant to subsections 20(3) and 20(4) of the Act, the Commission, with the approval of the Minister, has appointed the following persons:
Members Description Canadian Grain Commission Doug Chorney (Chairperson) Chief Commissioner Derek Bunkowsky Chief Grain Inspector for Canada Esther Salvano Director General, Grain Research Laboratory Nominated by the Deputy Minister of Agriculture and Agri-Food Elroy Cober Agriculture and Agri-Food Canada Processors and Exporters of grain Kevin Reles Eastern Elevator Association of Canada Bruno Simard Association des Négociants en Céréales du Québec Steve Innes Canadian Special Crops Association Peter Worfolk Canadian National Millers Association Prodcuers of Eastern grain Neil Campbell Prince Edward Island Producer (Soy Canada) Julie Maw Producer (Grain Farmers of Ontario) Ramzy Yelda Quebec producer (Producteurs de Grains du Québec) Dana Dickerson Producer (Grain Farmers of Ontario) Additional Linda Roy Régie des Marchés Agricoles et Alimentaires du Québec Manuela Roduner Ontario Agri Business Association Heather Russell Atlantic Grains Council
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Western Grain Standards Committee - Pursuant to subsections 20(2) and 20(4) of the Act, the Commission, with the approval of the Minister, has appointed the following persons:
- Term of office - Pursuant to subsection 21(2) of the Act, the Commission establishes the term of office of members of a grain standards committee not employed in the public service of Canada, to be up to three (3) years from the date of original appointment, with the possibility of being renewed by subsequent appointment twice for a period of up to two (2) years at each renewal.
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Remuneration - Pursuant to the Commission’s authority in paragraphs 12(g), 22(a) and 22(b) of the Act, the Commission fixes the following allowances to be paid to members of the Western and Eastern Grain Standards Committees who are not employed in the public service of Canada:
- for attendance at a committee meeting in person, $310 per meeting day plus reasonable expenses while attending the meeting as allowed per the current Travel Directive used for government travel;
- for attendance at a committee meeting by conference call, $100 minimum for each call, plus an additional $10 for each 15 minute increment that a call lasts beyond 2 hours; and
- for preparation before meetings, when the Commission provides materials to a member in advance, and when the member attends the meeting by conference call or in person, $40 per hour spent preparing, up to a maximum of $160.
- Counterpart - This by-law 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 or which taken together shall be deemed to constitute one and the same instrument, and it shall not be necessary in making proof of this by-law to produce or account for more than one such counterpart.
ENACTED THIS 26th day of July, A.D. 2023.
WITNESS the Seal of the Commission.
Doug Chorney
Chief Commissioner
Patty Rosher
Assistant Chief Commissioner
Lonny McKague
Commissioner
| Function | Section of the Act | Specific Wording of Section of Canada Grain Act | Delegated Position(s) |
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| Request samples of grain | 14(1)(e) | Subject to this Act, the Commission shall, in furtherance of its objects,
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| Prepare representative grain samples | 23 | As early as possible in each crop year the Commission shall cause to be collected representative samples of the crop of western grain and the crop of eastern grain of that crop year and, from those samples and from such other samples of the stocks of grain from any previous crop year as the Commission considers to be representative of the existing stock of any grain, cause to be prepared representative samples |
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| Designate standard samples | 26 | The Commission shall, for each crop year,
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| Approve inspection on Specifications | 32(1.1) | An inspector may, with the approval of the Commission, issue an inspection certificate in prescribed form in respect of grain that has been specially binned or that is or may be marketed on the basis of its specifications rather than a grade established by regulation without assigning any grade to the grain and, in that case, shall indicate in the certificate that the grain is specially binned or, in the case of grain that is or may be marketed on the basis of its specifications, the specifications |
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| Authorize procedures for third party weighing | 69.1(3) | The third party shall weigh the grain in a manner authorized by the Commission |
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| Authorize third party inspectors / weighers | 70.2(2) | The third party is authorized by the Commission and chosen by the operator |
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| Authorize procedures for third party inspection | 70.3(3) | Unless exempted by regulation or by order of the Commission, the operator of the licensed terminal elevator discharging the grain shall cause it to be weighed or inspected, or both, by a third party authorized by the Commission and chosen by the operator if the operator of the licensed elevator destined to receive the grain so requests |
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| 70.3(4) | The third party shall weigh or inspect the grain, or do both, as the case may be, in a manner authorized by the Commission | ||
| Inspect on movement between elevators | 70.4(3) | The Commission shall examine the samples, assign a grade to the grain and determine the dockage. The Commission shall provide the operator of the licensed terminal elevator discharging the grain and the operator of the licensed elevator that agreed to receive that grain with a copy of its decision with respect to the grade and dockage |
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| Permit return of discharged grain into the elevator | 75(a) | No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission
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| Permit discharge of grain containing dockage | 75(b) | No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission
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| Arrange inspection of infested / contaminated grain | 76(1)(b) | If any grain in a licensed terminal elevator is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,
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| Direct treatment or disposal of infested / contaminated grain | 76(1)(c) | If any grain in a licensed terminal elevator is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,
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| Permit mixing of infested/ contaminated grain | 76(2) | Except with the permission of the Commission, no grain in respect of which a direction has been given pursuant to subsection (1) shall thereafter be mixed with other grain |
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| Permit contracts for infested or contaminated rain | 81(4)(a) | No licensed grain dealer shall
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