Declaration of eligibility


Affected grains

The declaration of eligibility 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.

Only grains subject to variety registration based on quality considerations will require a declaration. For example, a declaration will not be required for certain grains like corn and soybeans, while it will be required for wheat and other cereal grains.

This list provides information on which grains will require a declaration as of July 1, 2022 in eastern Canada and August 1, 2022 in western Canada.

Declaration required

•       barley

•       beans

•       buckwheat

•       canola

•       fababeans

•       flaxseed

•       lentils

•       mustard seed

•       oats

•       peas

•       rapeseed

•       rye

•       triticale

•       wheat (including durum)

No declaration required

•       canary seed

•       chickpeas

•       corn

•       safflower

•       soybeans (food grade)

•       soybeans (oilseed)

•       sunflower

How we got here

On November 30, 2018, Canada, the United States, and Mexico signed an agreement to replace the North American Free Trade Agreement (NAFTA) with the Canada-United States-Mexico Agreement (CUSMA).

The Act to implement CUSMA was approved by the Canadian Parliament on March 13, 2020. The ratified agreement came into effect on July 1, 2020.

The Act to implement CUSMA includes amendments to the Canada Grain Act that

  • allow grain grown in the United States to receive an official Canadian grade if it’s of a variety that is registered in Canada
  • remove the requirement of a country of origin statement on inspection certificates for grain grown in the United States
  • make it mandatory for anyone who sells grain to a licensed grain company to complete a declaration of eligibility

All Canadian obligations under CUSMA came into force on July 1, 2020. The Canadian Grain Commission implemented the declaration of eligibility form for the 2020-2021 crop year in western Canada. The declaration is a way to help protect Canada’s quality assurance system.

Because delivery declarations had not previously been used in eastern Canada, the Canadian Grain Commission granted exemptions from the declaration requirement in eastern Canada for the 2020-2021 and 2021-2022 crop years. The Canadian Grain Commission worked with eastern stakeholders to help implement the declaration in eastern Canada.

Originally, the declaration of eligibility applied to all grains grown in Canada that were listed in the Canada Grain Act. After consultations with stakeholders, the Canadian Grain Commission is changing the declaration requirements across Canada to only include grains in the Canada Grain Act that are subject to variety registration based on quality considerations.

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