Producers required to declare the eligibility of grain at delivery
From the Canadian Grain Commission website:
When you deliver grain to a licensed grain company in Canada, you must complete a declaration of eligibility for delivery form. This declaration is required by the Canada Grain Act for the beginning of the 2020-2021 crop year (starting August 1, 2020).
The declaration is required for all deliveries of grains regulated under the Canada Grain Act.
Declaration of eligibility for delivery of grain form (PDF – 209 kb)
Grain companies purchasing grain may ask for the Canadian Grain Commission’s form, use their own form that includes the prescribed fields, or integrate the prescribed fields into their existing processes. The elevator operator will grade your delivery according to your declaration and the grading specifications in the Canada Grain Regulations.
A producer and a Canadian grain company may choose to negotiate a contract based on quality specifications outside of the statutory grading system for the delivered grain, regardless of the variety.
Why you must declare your grain delivery
This declaration is required by the Canada Grain Act through amendments to the Canada Grain Regulations made in 2020. These amendments were made to protect Canada’s grain quality assurance system and allow for appropriate oversight to address different regulatory environments in Canada and the United States after the implementation of the Canada-United States-Mexico Agreement (CUSMA). The Act to implement CUSMA allows grain grown in the United States to receive an official Canadian grade if it’s of a variety that is registered in Canada. American producers who deliver grain in Canada will have the same obligations as Canadian producers.
By signing the declaration, you are confirming that the grain you are delivering, is a variety eligible for a wheat class or another regulated grain grade unless you specify otherwise.
This declaration of eligibility ensures grain is graded accurately and that producers receive the appropriate grain grade and payment for their delivery. It also provides valuable information for protecting Canada’s grain quality assurance system.
For more information about how the declaration requirement is being implemented in eastern and western Canada, refer to the detailed delivery declaration questions and answers.
Undeclared grain deliveries
Unless otherwise exempted, selling grain without a signed declaration is an offence under the Canada Grain Act, with penalties as set out in Section 107 (2) of the Act
If you do not declare the eligibility of your grain, the company may refuse to accept or be unable to accept your delivery
If you deliver an unregistered variety to a licensed elevator in Canada, unless otherwise established by order of the Canadian Grain Commission, your delivery is only eligible for the lowest grade established by regulation for that kind of grain
Eligible varieties
Eligible varieties of wheat, malt barley and flaxseed are found in variety designation lists that are maintained by the Canadian Grain Commission.
Eligible varieties of other regulated grains are registered by the Canadian Food Inspection Agency.
Non-registered varieties of certain pulse crops and corn established by order of the Canadian Grain Commission are also eligible for the highest grade.
Grain classes
Classes are defined under the Canada Grain Act. Grain class refers to any variety or varieties of grain designated as a class by the Canadian Grain Commission.
Producer responsibilities at delivery
You will need to sign a declaration form at least once every crop year for each licensed grain company you deliver to. This declaration applies to all grain types, and where applicable all classes, that you will deliver to that company and must be made at or before the first delivery of the year. The same process applies to producer cars if you are selling grain to a licensed grain company. If you are using a producer car administrator, sign the form and send it to the administrator. If you are self-administering your producer cars, send your signed form to the grain company before your delivery.
If someone is hauling grain for you, you are responsible for ensuring the following:
you have signed a declaration form at that 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
The elevator receiving your grain will keep grain samples for random testing and monitoring as required.
False declarations
Making a false or misleading statement is an offence under the Canada Grain Act. If you knowingly make a false declaration, you may be subject to penalties under the Act. The licensed grain company at which you made the false declaration may undertake additional contractual or financial actions.
For more information, please see the Canadian Grain Commission website.