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Vol. 134, No. 11— May 24, 2000
Registration
SOR/2000-183 4 May, 2000
CANADA AGRICULTURAL PRODUCTS ACT
FINANCIAL ADMINISTRATION ACT
HEALTH OF ANIMALS ACT
MEAT INSPECTION ACT
SEEDS ACT
Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 1999-2 (Miscellaneous Program)
P.C. 2000-642 4 May, 2000
Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, hereby makes the annexed Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 1999-2 (Miscellaneous Program), pursuant to
(a) section 32 of the Canada Agricultural Products Act (see footnote a);
(b) paragraphs 19(1)(b) (see footnote b) and 19.1(b) (see footnote c) of the Financial Administration Act;
(c) subsection 64(1) (see footnote d) of the Health of Animals Act (see footnote e);
(d) section 20 (see footnote f) of the Meat Inspection Act (see footnote g); and
(e) subsection 4(1) (see footnote h) of the Seeds Act.
REGULATIONS AMENDING AND REPEALING CERTAIN REGULATIONS ADMINISTERED AND ENFORCED BY THE CANADIAN FOOD INSPECTION AGENCY, 1999-2 (MISCELLANEOUS PROGRAM)
CANADA AGRICULTURAL PRODUCTS ACT
Egg Regulations
1. Subparagraph 7.1(1)(a)(ii) (see footnote 1) of the Egg Regulations (see footnote 2) is replaced by the following:
(ii) the operator does not comply with the provisions of the Act, these Regulations, the Egg and Processed Egg Fees Order or the Canadian Food Inspection Agency Fees Notice, or
2. Section 9 of the Regulations is amended by adding the following after subsection (27):
(27.1) The operator shall advise the Director of any change in the operations of the egg station that would affect the fee payable under the Canadian Food Inspection Agency Fees Notice.
3. Section 25.3 (see footnote 3) of the Regulations is repealed.
Fresh Fruit and Vegetable Regulations
4. Subsection 42(3) (see footnote 4) of the Fresh Fruit and Vegetable Regulations (see footnote 5) is repealed.
5. The portion of subsection 56(1) (see footnote 6) of the Regulations before paragraph (a) is replaced by the following:
56. (1) An application for the registration of an establishment, or for the renewal or amendment of an existing registration, shall be made to the Director, in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:
Honey Regulations
6. The portion of subsection 9(1) (see footnote 7) of the Honey Regulations (see footnote 8) before paragraph (a) is replaced by the following:
9. (1) An application for the registration of a packing establishment, a pasteurizing establishment or a producer-grader establishment, or for the renewal or the amendment of an existing registration, shall be made to the Director in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:
7. Subsection 10(4) (see footnote 9) of the Regulations is repealed.
8. Paragraph 38(1)(g) (see footnote 10) of the Regulations is replaced by the following:
(g) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.
9. Section 41 (see footnote 11) of the Regulations is repealed.
10. Subsection 47(1.1) (see footnote 12) of the Regulations is replaced by the following:
(1.1) The importer of honey shall pay the fee prescribed by the Canadian Food Inspection Agency Fees Notice for the verification of the import declaration, in accordance with the conditions of payment set out in that Notice.
Maple Products Regulations
11. The portion of subsection 6(1) (see footnote 13) of the Maple Products Regulations (see footnote 14) before paragraph (a) is replaced by the following:
6. (1) An application for the registration of a sugar bush establishment, a packing establishment or a maple syrup shipper establishment, or for the renewal or the amendment of an existing registration, shall be made to the Director in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:
12. Subsection 6.1(4) (see footnote 15) of the Regulations is repealed.
13. (1) Paragraph 13(1)(g) (see footnote 16) of the Regulations is replaced by the following:
(g) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.
(2) Subsection 13(3) (see footnote 17) of the Regulations is repealed.
14. Subsection 16.1(1)(c) (see footnote 18) of the Regulations is replaced by the following:
(c) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.
Processed Egg Regulations
15. Subparagraph 6.1(1)(a)(ii) (see footnote 19) of the Processed Egg Regulations (see footnote 20) is replaced by the following:
(ii) the operator does not comply with the provisions of the Act, these Regulations, the Egg and Processed Egg Fees Order or the Canadian Food Inspection Agency Fees Notice, or
16. Section 16.1 (see footnote 21) of the Regulations is repealed.
Processed Products Regulations
17. The portion of subsection 10(1) (see footnote 22) of the Processed Products Regulations (see footnote 23) before paragraph (a) is replaced by the following:
10. (1) An application for the registration of an establishment, or for the renewal or amendment of an existing registration, shall be made to the Director, in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:
18. Subsection 12(1.1) (see footnote 24) of the Regulations is repealed.
19. Section 49 (see footnote 25) of the Regulations is repealed.
20. Paragraph 58(c) (see footnote 26) of the Regulations is replaced by the following:
(c) pay the fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.
21. Paragraph 66(1)(b) (see footnote 27) of the Regulations is replaced by the following:
(b) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.
Dairy Products Regulations
22. The portion of subsection 10(1) (see footnote 28) of the Dairy Products Regulations (see footnote 29) before paragraph (a) is replaced by the following:
10. (1) An application for the registration of an establishment, or for the renewal or amendment of an existing registration, shall be made to the Director, in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:
23. Paragraph 26.1(1)(b) (see footnote 30) of the Regulations is replaced by the following:
(b) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.
24. (1) Paragraph 74(1)(f) (see footnote 31) of the Regulations is replaced by the following:
(f) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.
(2) Subsection 74(2) (see footnote 32) of the Regulations is repealed.
Licensing and Arbitration Regulations
25. The portion of subsection 3(1) (see footnote 33) of the Licensing and Arbitration Regulations (see footnote 34) before paragraph (a) is replaced by the following:
3. (1) Subject to subsection (2) and sections 7 and 15, if an applicant submits to the Minister an application in a form provided by the Agency that includes information referred to in subsections (3) to (6), as the case may be, in a form established by the Minister, together with the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, the Minister shall issue a licence authorizing the applicant to engage in one of the following types of business activities, at any place in Canada that is specified in the licence:
26. Subparagraph 7(1)(b)(ii) (see footnote 35) of the Regulations is repealed.
27. Paragraph 16(1)(e) (see footnote 36) of the Regulations is replaced by the following:
(e) the Canadian Food Inspection Agency Fees Notice or the Fresh Fruit and Vegetable Fees Order.
Livestock and Poultry Carcass Grading Regulations
28. Section 18.1 (see footnote 37) of the Livestock and Poultry Carcass Grading Regulations (see footnote 38) is repealed.
29. Section 19.1 (see footnote 39) of the Regulations is repealed.
FINANCIAL ADMINISTRATION ACT
30. The Destructive Pests Inspection Fees Regulations (see footnote 40) are repealed.
HEALTH OF ANIMALS ACT
Health of Animals Regulations
31. Section 91.5 (see footnote 41) of the Health of Animals Regulations (see footnote 42) and the heading (see footnote 43) before it are repealed.
MEAT INSPECTION ACT
Meat Inspection Regulations, 1990
32. (1) Paragraph 29(3)(b) (see footnote 44) of the Meat Inspection Regulations, 1990 (see footnote 45) is repealed.
(2) Subsection 29(6) (see footnote 46) of the Regulations is replaced by the following:
(6) If an operator has failed to pay a fee prescribed by the Meat Products Inspection Fees Order or by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment prescribed by that Order or Notice, the licence issed pursuant to this section shall be suspended until all outstanding fees are paid.
(3) Subsection 29(13) (see footnote 47) of the Regulations is repealed.
33. (1) Paragraph 110(1)(a) (see footnote 48) of the Regulations is replaced by the following:
(a) the label and the recipe for the meat product have been submitted to the Director for registration, together with the applicable fee set out in the Canadian Food Inspection Agency Fees Notice; and
(2) The portion of subsection 110(6) (see footnote 49) of the Regulations before paragraph (a) is replaced by the following:
(6) For the purposes of sections 89 and 123, any person who wishes to have a label reviewed for a meat product that is not a prepared meat product may submit the label, together with the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, to an inspector who shall review the label and any supporting information and provide a written notice that
(3) Subsection 110(7) (see footnote 50) of the Regulations is repealed.
34. The definition "designated paid holiday" (see footnote 51) in section 125 of the Regulations is replaced by the following:
"designated paid holiday" means a day specified in article M-20 of the Agreement between the Treasury Board and the Public Service Alliance of Canada — Master Agreement — (PSAC) 300; (jour férié désigné payé)
35. Section 126 of the Regulations is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (b) (see footnote 52).
36. (1) Subsection 128(3) of the Regulations is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (b)(see footnote 53).
(2) Subsection 128(4) of the Regulations is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (b)(see footnote 54).
SEEDS ACT
Seeds Regulations
37. The definition "Seeds Fees Notice" (see footnote 55) in subsection 2(2) of the Seeds Regulations (see footnote 56) is repealed.
38. Section 2.1 (see footnote 57) of the Regulations is replaced by the following:
2.1 No service, right, privilege or use of a facility under these Regulations shall be provided or granted to a person who requests it unless the person includes the applicable fee set out in the Canadian Food Inspection Agency Fees Notice with the application or request or has agreed in writing to pay the fee on receipt of an invoice from the Agency.
39. (1) Subsection 13.1(2) (see footnote 58) of the Regulations is replaced by the following:
(2) If an individual has obtained a mark of at least 80 per cent on the evaluation referred to in paragraph (1)(b) and at least 90 per cent on the evaluation referred to in paragraph (1)(c) or a mark of at least 80 per cent on the evaluation referred to in paragraph (1)(d), the Registrar shall, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, accredit that individual as a grader for a period ending December 31 of the following year and issue a certificate certifying that the person is an accredited grader.
(2) Subsections 13.1(4) (see footnote 59) and (5) (see footnote 60) of the Regulations are replaced by the following:
(5) Unless the accreditation of a grader has been suspended or cancelled pursuant to section 13.2 and subject to subsections 13.2(7) and (8), the Registrar shall renew the accreditation of a grader annually, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the accreditation is to be renewed.
40. Section 46.1 (see footnote 61) of the Regulations is repealed.
41. Subsection 49(1) of the Regulations is amended by adding the word "and" at the end of paragraph (b) and by replacing paragraphs (c) (see footnote 62) and (d) (see footnote 63) with the following:
(c) the application is accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice.
42. Sections 62 (see footnote 64) and 62.1 (see footnote 65) of the Regulations are replaced by the following:
62. The fee set out in item 2 of the table to Part 15 of the Canadian Food Inspection Agency Fees Notice, or any portion thereof, is not refundable after an inspector has left the office of the Agency to go to the site of the inspection.
62.1 No fees set out in the Canadian Food Inspection Agency Fees Notice are payable by a grower in the Province of Newfoundland with respect to crops grown in Newfoundland.
43. The Regulations are amended by replacing the expression "Seeds Fees Notice" with the expression "Canadian Food Inspection Agency Fees Notice" in the following provisions:
(a) section 80;
(b) the portion of section 81 before paragraph (a);
(c) the portion of section 81.1 before paragraph (a);
(d) the portion of section 82 before paragraph (a);
(e) paragraph 83(b);
(f) section 84;
(g) paragraph 88(a);
(h) paragraph 95(1)(b);
(i) the portion of subsection 95(2) before paragraph (a);
(j) the portion of section 96 before paragraph (a);
(k) subsection 97(2);
(l) subsection 97(4);
(m) section 98; and
(n) paragraph 100(a).
COMING INTO FORCE
44. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Description
This amendment, entitled the Regulations Amending and Repealing Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency, 1999-2 (Miscellaneous Program) makes consequential amendments resulting from a change in fee setting authority for services provided by the Canadian Food Inspection Agency (CFIA).
The Canadian Food Inspection Agency Act, proclaimed in April 1997, established the Canadian Food Inspection Agency with an objective to consolidate and enhance the efficiency and effectiveness of federal inspection services related to food and animal and plant health and to increase collaboration with provincial governments in this area.
In addition to organizational and operational authorities, the CFIA Act provides authority to the Minister of Agriculture and Agri-Food, the minister responsible for the Agency, to fix fees for a service or the use of a facility provided by the CFIA. Currently, all CFIA service fees are set by ministerial order under the authority of paragraphs 19(1)(b) and 19.1(b) of the Financial Administration Act. The CFIA revokes the current fee orders and consolidates current fees under the Canadian Food Inspection Agency Services Fees Notice, under the authority of subsection 24(1) and section 25 of the CFIA Act.
With the change in fee setting authority, those Regulations which referenced the fee Orders set pursuant to the Financial Administration Act, must be amended to reference the Canadian Food Inspection Agency Services Fees Notice. Consequently, the following Regulations are being amended:
Dairy Products Regulations, Egg Regulations, Fresh Fruit and Vegetable Regulations, Honey Regulations, Licensing and Arbitration Regulations, Maple Products Regulations, Processed Egg Regulations, Processed Products Regulations, Health of Animals Regulations, Meat Inspection Regulations, 1990, Seeds Regulations.
In addition, the following Regulations are obsolete and are therefore repealed:
Animal Blood Typing Fees Regulations, Destructive Pests Fees Regulations, Rabies Vaccination Fees Regulations.
This change will not impact on the year 2000 computer issue.
Contact
Alan Goldrosen
59 Camelot Drive
Nepean, Ontario
K1A 0Y9
Tel.: (613) 225-2342, ext. 4237
FAX: (613) 228-6653
R.S., c. 20 (4th Supp.)
S.C. 1991, c. 24, s. 6
S.C. 1991, c. 24, s. 6
S.C. 1993, c. 34, s. 76
S.C. 1990, c. 21
S.C. 1993, c. 44, s. 184
R.S., c. 25 (1st Supp.)
S.C. 1994, c. 26, s. 65
SOR/96-124
C.R.C., c. 284
SOR/96-124
SOR/96-361
C.R.C., c. 285
SOR/97-292
SOR/97-304
C.R.C., c. 287
SOR/97-304
SOR/97-304
SOR/97-304
SOR/97-304
SOR/97-302
C.R.C., c. 289
SOR/97-302
SOR/97-302
SOR/97-302
SOR/97-302
SOR/96-123
C.R.C., c. 290
SOR/96-123
SOR/97-300
C.R.C., c. 291; SOR/82-701
SOR/97-300
SOR/97-300
SOR/97-300
SOR/97-300
SOR/97-292
SOR/79-840
SOR/96-362
SOR/96-362
SOR/96-362
SOR/97-292
SOR/84-432
SOR/96-363
SOR/96-363
SOR/95-216
SOR/92-541; SOR/95-216
SOR/95-216
C.R.C., c. 696
SOR/97-85
C.R.C., c. 296; SOR/91-525
SOR/97-85
SOR/98-133
SOR/90-288
SOR/98-133
SOR/98-133
SOR/98-133
SOR/98-133
SOR/98-133
SOR/98-133
SOR/98-133
SOR/98-133
SOR/98-133
SOR/97-534
C.R.C., c. 1400
SOR/97-534
SOR/97-534
SOR/97-534
SOR/97-534
SOR/95-215
SOR/95-215
SOR/95-215
SOR/93-331
SOR/95-215
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