Producer rights at delivery

Licensed grain companies must follow various regulations when producers deliver grain. Producers also have certain rights when delivering grain to licensed grain companies. These regulations and rights are provided for under the Canada Grain Act and Canada Grain Regulations.

Whether you, the producer, deliver grain or have someone deliver it on your behalf, you are entitled to the same rights and services.

Deliveries to primary elevators

Deliveries to primary elevators

When you deliver grain to a licensed primary elevator in western Canada, the following procedures and regulations apply.

Condition of grain

The primary elevator operator accepts your grain as long as it is not:

Declaration of eligibility for delivery

When you deliver grain to a licensed grain company in western Canada, the company may require you to complete a declaration of eligibility for delivery form (PDF 211 kb). This industry requirement can be applied to deliveries of any grain regulated under the Canada Grain Act.

By signing the declaration form, you are confirming that the grain you are delivering is an eligible variety for a Canadian wheat class or is an eligible variety for another regulated grain.

The elevator operator will grade your delivery according to your declaration and the following:

Weighing and sampling

The primary elevator operator weighs your grain. You (or the person delivering your grain) have the right to verify the grain’s weight while it is being weighed.

The primary elevator operator must take a representative sample from the conveyance. A sub-sample weighing at least 1 kilogram should be used for the quality determination. The sample is considered representative if both you (or the person delivering your grain) and the primary elevator operator agree that this sample accurately represents the entire load of grain. You have the right to be present when the primary elevator operator takes the sample.

The representative sample does not have to be kept unless you dispute your grain grade.

Dockage determination

The primary elevator operator must make an accurate determination of dockage on each load of grain delivered. Dockage is material that must be removed before the primary elevator operator assigns a grade or determines moisture and/or protein. The primary elevator operator must use equipment that is a type authorized by the Canadian Grain Commission for determining dockage.

Dockage is then:

  • removed by following the cleaning procedures described in the Official Grain Grading Guide
  • computed to the nearest 0.1%

You (or the person delivering your grain) have the right to be present when the primary elevator operator determines the dockage.

Grading

The primary elevator operator assesses your grain’s grade, dockage, moisture and, in some cases, protein, according to the procedures and specifications in the Official Grain Grading Guide. You (or the person delivering your grain) have the right to watch the operator assess your grain’s grade.

If you deliver a variety of wheat, malt barley or flaxseed that is not on a variety designation list, the primary elevator operator assigns the lowest grade for that type of grain.

Dispute your grain grade

If you (or someone delivering grain on your behalf) disagree with a licensed primary elevator’s assessment of your grain’s grade (including protein and moisture) and dockage, you have the right to dispute the assessment. If you dispute the assessment, the primary elevator operator must send a representative sample to the Canadian Grain Commission for a determination.

To ensure the primary elevator operator understands that you are disputing your grain grade, ask that a representative sample of your grain be sent to the Canadian Grain Commission for a determination subject to inspector’s grade and dockage. If you disagree with the Canadian Grain Commission’s determination, you may appeal the results.

Grain drying

The primary elevator operator may artificially dry tough, damp, moist or wet grain at the elevator in accordance with orders of the Canadian Grain Commission.

The primary elevator operator gives you (or the person delivering your grain) a primary elevator receipt. If you choose to have your grain dried at a licensed primary elevator, deductions may be made from the payment for your grain delivery for drying charges and moisture shrinkage. Moisture shrinkage is the loss of weight in the grain caused by drying. After drying your grain, the primary elevator operator will calculate the deduction for moisture shrinkage. This calculation must be made using the Canadian Grain Commission’s approved formula for calculating moisture shrinkage.

The Canadian Grain Commission maintains a list of the maximum fees (called tariffs) that licensed grain companies charge for elevating, cleaning, drying and storing grain.

Shrinkage

The maximum shrinkage allowance that may be made on the delivery of grain is zero.

Payment

If you agree with the primary elevator operator’s assessment of your grain, the elevator operator must give you either a primary elevator receipt or a cash purchase ticket.

  • If you have not sold your grain and the primary elevator is only storing it, you are issued a primary elevator receipt
  • If you have sold your grain and are paid on delivery to the primary elevator, you are issued a cash purchase ticket

In order to be paid, you must exchange your primary elevator receipt for a cash purchase ticket.

If you have trouble getting paid, contact the Canadian Grain Commission immediately.

Licensed primary elevators must post security with the Canadian Grain Commission to cover amounts owed to producers for eligible grain deliveries. If a licensed company fails to pay you for your grain delivery, you may be eligible for compensation through the Safeguards for Grain Farmers Program.

Deliveries to process elevators

Deliveries to process elevators

When you deliver grain to a licensed process elevator in western Canada, the following procedures and regulations apply.

Condition of grain

The process elevator operator accepts or does not accept your grain at their discretion. Delivery may be refused if grain is

Declaration of eligibility for delivery

When you deliver grain to a licensed process elevator in western Canada, the elevator operator may require you to complete a declaration of eligibility for delivery form (PDF 211 kb). This industry requirement can be applied to deliveries of any grain regulated under the Canada Grain Act.

By signing the declaration form, you are confirming that the grain you are delivering is an eligible variety for a Canadian wheat class or is an eligible variety for another regulated grain.

The elevator operator will grade your delivery according to your declaration and the grading specifications in the Official Grain Grading Guide.

Weighing and sampling

The process elevator operator weighs your grain and takes a sample of your grain.

Dockage determination

Dockage is material that must be removed before the process elevator operator assigns a grade or determines moisture and/or protein.

The elevator operator must use equipment that is a type authorized by the Canadian Grain Commission for determining dockage. The Canadian Grain Commission recommends that process elevator operators use a sample size of 1 kilogram when determining dockage. Dockage is:

Grading

The process elevator operator assesses your grain’s grade, dockage, moisture and, in some cases, protein, according to the procedures and specifications in the Official Grain Grading Guide.

If you deliver a variety of wheat, malt barley or flaxseed that is not on a variety designation list, the process elevator operator assigns the lowest grade for that type of grain.

The right to dispute grade and dockage for your grain by requesting a determination subject to inspector’s grade and dockage is not available at licensed process elevators. This right only applies to grain deliveries made to primary elevators.

Shrinkage

The maximum shrinkage allowance that may be made on the delivery of grain is zero.

Payment

The elevator operator gives you either a grain receipt or a cash purchase ticket.

  • If grain ownership transfers to the licensed process elevator when you deliver it, you are issued a grain receipt
  • If you have sold your grain and are paid on delivery to the process elevator, you are issued a cash purchase ticket

In order to be paid, you must exchange your grain receipt for a cash purchase ticket.

If you have trouble getting paid, contact the Canadian Grain Commission immediately.

Licensed process elevators must post security with the Canadian Grain Commission to cover amounts owed to producers for grain deliveries. If a licensed company fails to pay you for your grain delivery, you have the right to compensation through the Safeguards for Grain Farmers Program.

Deliveries to grain dealers or associated agents

Deliveries to grain dealers or associated agents

When you deliver grain to a licensed grain dealer or agent in western Canada, the following procedures apply.

Condition of grain

The grain dealer or agent accepts or does not accept your grain at their discretion. If you are delivering grain to a grain dealer or agent at a licensed primary elevator, delivery may be refused if grain is

Declaration of eligibility for delivery

When you deliver grain to a licensed grain dealer or agent in western Canada, the grain dealer or agent may require you to complete a declaration of eligibility for delivery form (PDF 211 kb). This industry requirement can be applied to deliveries of any grain regulated under the Canada Grain Act.

By signing the declaration form, you are confirming that the grain you are delivering is an eligible variety for a Canadian wheat class or is an eligible variety for another regulated grain.

The grain dealer or agent will grade your delivery according to your declaration and the following:

Weighing and sampling

The grain dealer or agent weighs your grain. If you are dealing with the grain dealer’s agent, the agent takes a sample of your grain to represent the entire load. Consider asking to look at the sample to make sure you agree that this sample accurately represents your delivery.

Dockage determination

Dockage is material that must be removed before the grain dealer or agent assigns a grade or determines moisture and/or protein.

The grain dealer or agent must use equipment that is a type authorized by the Canadian Grain Commission for determining dockage. The Canadian Grain Commission recommends that grain dealers or agents use a sample size of 1 kilogram when determining dockage. Dockage is:

Grading

The grain dealer or agent assesses your grain’s grade, dockage, moisture and, in some cases, protein, according to the procedures and specifications in the Official Grain Grading Guide and/or your contract, if you have one.

If you deliver a variety of wheat, malt barley or flaxseed that is not on a variety designation list, the grain dealer or agent assigns the lowest grade for that type of grain.

The right to dispute grade and dockage for your grain by requesting a determination subject to inspector’s grade and dockage is not available at licensed grain dealers or their associated agents. This right only applies to grain deliveries made to primary elevators.

Payment

The grain dealer gives you either a grain receipt or cash purchase ticket.

  • If grain ownership transfers to the licensed grain dealer when you deliver it, you are issued a grain receipt
  • If you have sold your grain and are paid on delivery to a licensed grain dealer, you are issued a cash purchase ticket

In order to be paid, you must exchange your grain receipt for a cash purchase ticket.

If you have trouble getting paid, contact the Canadian Grain Commission immediately.

Licensed grain dealers must post security with the Canadian Grain Commission to cover amounts owed to producers for grain deliveries. If a licensed company fails to pay you for your grain delivery, you have the right to compensation through the Safeguards for Grain Farmers Program.

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