CGC Grading Appeal Deadline

WINNIPEG - Sep 19/02 - SNS -- Grain producers who ship product in producer cars only have 15 days from the time is car is loaded to appeal a grade issued by the Canadian Grain Commission (CGC).

Under the Canada Grain Act, terminal elevators must immediately issue an elevator receipt when a railcar is unloaded and inspected by the CGC.

When a producer uses a grain company to administer a producer car it is the responsibility of the terminal elevator company to send the elevator receipt information to that grain company. The grain company is then responsible for sending the receipt information to the producer who pays for their administration services. If the producer car is self-administered, the terminal elevator company must send the elevator receipt information to the producer. In both cases, the producer must receive the information within the 15-day appeal period.

"Producers have a right under the Canada Grain Act to the grade appeal process and it can benefit them, but it is up to them to act quickly to get the grading information," says Acting Chief Commissioner Albert Schatzke.

The CGC keeps samples of all railcar unloads and it is not possible to store the huge quantity of samples for long periods. Under the Act the appeal period is limited to 15 days

Producers can appeal the grade (including protein for some classes of wheat), dockage and moisture. There are three levels to the appeal process. There is a charge at each level of the appeal process if the grade is not changed. Appeals cost $7.50 at the first level, $15 at the second level and $25 for a final decision by the Grain Appeal Tribunal level. There is no charge if the appeal is successful at any level.

The first reinspection of the appeal process is performed at the terminal by a CGC regional inspector. If the grade originally assigned by the CGC is not changed, the producer has the right to a second appeal and reinspection by the chief grain inspector for Canada. If the grade remains unchanged, the decision can be appealed to the Grain Appeal Tribunal. The decision of the tribunal is final. Producers have 15 days from the day of a reinspection decision to request the appeal be moved to the next level.

Requests for reinspection of producer cars should be made through the company administering the producer car. If the loading was self-administered, the producer can make the request directly to the CGC's re-inspection unit by telephoning (204) 984-7759.

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