ARCHIVED — Vol. 146, No. 23 — November 7, 2012


SI/2012-84 November 7, 2012


Order Fixing the Day on which this Order is Made as the Day on which Certain Sections of the Act Come into Force

P.C. 2012-1391 October 25, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 419 of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, fixes the day on which this order is made as the day on which section 412, subsection 414(2) and sections 415 and 416 of that Act come into force.


(This note is not part of the Order.)


This Order brings into force certain provisions of the Jobs, Growth and Long-term Prosperity Act on the day the Order is made, giving effect to new and amended provisions of the Food and Drugs Act.


These provisions give the Minister of Health the power to issue marketing authorizations. Marketing authorizations are regulations made by the Minister of Health that permit the sale of foods that contain specified substances at specified levels or the use of substantiated health claims for food. Marketing authorizations are limited in what they can do. For example, they can only exempt a food that contains a specific substance or a food with a specific health claim, from an existing prohibition in the Food and Drugs Act or in the Food and Drug Regulations; they cannot set new prohibitions.

The provisions also enable both food regulations made by the Governor in Council and marketing authorizations made by the Minister to incorporate by reference any document. This will allow lists of permitted food additives, and other internally generated lists and tables, to be incorporated into food regulations or marketing authorizations. This will permit changes to be made as soon as scientific assessments and related consultations have been completed. Currently amendments to the Food and Drug Regulations are needed to implement scientific decisions. This new incorporation by reference will, for example, allow lists of permitted food additives to be quickly updated following a scientific assessment and a public notification and comment period.


These provisions will enable the Department of Health to provide timely access to innovative and safe products for Canadians, and to respond to new scientific information that impacts the health and safety of Canadians. These targeted amendments to the Food and Drugs Act cut red tape and make the food regulatory system more efficient and flexible, while continuing to protect the health and safety of Canadians.


The Department of Foreign Affairs and International Trade has been consulted with respect to potential impact that this proposal may have on barriers to trade under the Sanitary and Phytosanitary Measures Agreement (SPS) and the Agreement on Technical Barriers to Trade (TBT) set out under the World Trade Organization. No concerns were raised as the Department of Health will continue to notify internationally. The Canadian Food Inspection Agency expressed no concerns regarding the proposed changes. Following the introduction of Bill C-38, numerous industry stakeholders have publicly expressed their support as this has addressed a long-standing issue of concern. A number of health and consumer groups have also expressed their support for these provisions to enable Health Canada to better respond to emerging health and safety risks, without compromising the rigour of scientific assessment.

Departmental contact

David K. Lee
Office of Legislative and Regulatory Modernization
Policy, Planning and International Affairs Directorate
Health Products and Food Branch
Ottawa, Ontario
Telephone: 613-957-0374
Fax: 613-941-7104