ARCHIVED — Vol. 149, No. 5 — March 11, 2015

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Registration

SOR/2015-55 February 27, 2015

FERTILIZERS ACT
HEALTH OF ANIMALS ACT
SEEDS ACT

Regulations Amending Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program)

P.C. 2015-235 February 26, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, makes the annexed Regulations Amending Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program) pursuant to

REGULATIONS AMENDING CERTAIN CANADIAN FOOD INSPECTION AGENCY REGULATIONS (MISCELLANEOUS PROGRAM)

FERTILIZERS ACT

FERTILIZERS REGULATIONS

1. Section 15 of the Fertilizers Regulations (see footnote 1) is amended by adding “and” at the end of paragraph (k) and by repealing paragraph (l).

2. Subparagraphs 18(1)(f)(i) to (iii) of the English version of the Regulations are repealed.

3. Subsections 22(2) and (3) of the Regulations are repealed.

HEALTH OF ANIMALS ACT

HEALTH OF ANIMALS REGULATIONS

4. Subsection 6.22(2) of the Health of Animals Regulations (see footnote 2) is replaced by the following:

(2) If the specified risk material has not been removed from the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food, the person who has the possession, care or control of the carcasses and any parts of them shall ensure that the carcasses and any parts of them containing the specified risk material are stained with a dye that is conspicuous, indelible and safe for consumption by animals.

5. Paragraph 91.4(4)(c) of the French version of the Regulations is replaced by the following:

  • c) enlever une étiquette, un signe ou un autre avis précisant que l’agent ou la chose est en quarantaine;

6. (1) Subsection 106(3) of the French version of the Regulations is replaced by the following:

(3) Un inspecteur peut ordonner à la personne responsable d’un véhicule à moteur qui a servi au transport des animaux de ferme de le nettoyer et de le désinfecter dans un certain délai, au plus proche endroit pourvu d’installations nécessaires à cette fin ou à tout autre endroit qu’il peut prescrire.

(2) The portion of subsection 106(5.2) of the French version of the Regulations before paragraph (a) is replaced by the following:

(5.2) Le paragraphe (5.1) ne s’applique pas au véhicule qui remplit les conditions suivantes :

7. Section 135.1 of the Regulations is replaced by the following:

135.1 Every holder of a licence or permit issued under this Part shall report to the Minister, in writing, any information concerning, or any evidence of, a significant deficiency in safety, potency or efficacy of a veterinary biologic within 15 days after the date on which that information or evidence is known to the holder.

8. Subsection 165(1) of the Regulations is replaced by the following:

165. (1) No person shall operate a rendering plant unless the person does so under a permit issued in accordance with section 160.

9. Subsection 166(1) of the Regulations is replaced by the following:

166. (1) No person shall import any product of a rendering plant unless the person does so under a permit issued in accordance with section 160.

10. Paragraph 183(2)(b) of the French version of the Regulations is replaced by the following:

  • b) veille à ce que l’étiquette approuvée soit apposée sur le bison ou sur le bovin immédiatement après son arrivée à l’installation;

SEEDS ACT

SEEDS REGULATIONS

11. The portion of paragraph 10(3)(b) of the French version of the Seeds Regulations (see footnote 3) before subparagraph (i) is replaced by the following:

  • b) dans le cas d’un mélange ou d’un mélange de variétés :

12. Subsections 13.1(2) and (2.1) of the Regulations are replaced by the following:

(2) If the individual has obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the applicable evaluation referred to in paragraph (1)(c.1), (c.2) or (d), the Registrar shall accredit the individual as a grader for a period ending on December 31 of the following year and issue a certificate certifying that the individual is an accredited grader,

  • (a) on the recommendation of a conformity verification body; or
  • (b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

(2.1) If the individual has obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the evaluation referred to in paragraph (1)(c), the Registrar shall issue to the individual a licence as a sampler for a period ending on December 31 of the following year,

  • (a) on the recommendation of a conformity verification body; or
  • (b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

13. (1) The portion of subsection 31(2) of the French version of the Regulations before paragraph (a) is replaced by the following:

(2) Tout emballage de semence spéciale est muni d’une étiquette portant :

(2) Subsection 31(3) of the French version of the Regulations is replaced by the following:

(3) En plus de satisfaire aux exigences d’étiquetage visées au paragraphe (2), tout emballage de semence spéciale est muni d’une étiquette portant les renseignements exigés par l’article du présent règlement applicable à la semence en cause.

14. Paragraph 34(5)(c) of the French version of the Regulations is replaced by the following:

  • c) dans le cas de semence importée au Canada et classée sous une dénomination de la catégorie Canada généalogique, la dénomination de la catégorie Canada généalogique et le numéro du classificateur agréé figurent sur l’étiquette qui est fixée à chaque emballage de semence ou qui est imprimée directement sur l’emballage.

15. Paragraph 86(1)(a) of the Regulations is replaced by the following:

  • (a) up-to-date copies of the Seeds Act, these Regulations and all other written material that the Agency delivers to the establishment from time to time; and

COMING INTO FORCE

16. 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.)

Issues and objectives

These miscellaneous regulatory amendments respond to comments received from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), and they correct issues identified by the Canadian Food Inspection Agency (CFIA) in the Fertilizers Regulations (FR), the Seeds Regulations (SR), and the Health of Animals Regulations (HAR). The issues identified include discrepancies between the English and French versions; unnecessary or redundant provisions; a lack of clarity for some provisions; and other editorial errors.

Description

These amendments to the FR, the SR and the HAR respond to 12 recommendations by the SJCSR and address six non-substantive issues identified by the CFIA. All these amendments have no cost to or impact on industry, government or Canadians.

Four provisions of the FR are repealed. Paragraph 15(l) requires a label to provide purchasers with information regarding the efficacy or quality of fertilizer products containing certain materials. As the materials described in paragraph 15(l) are no longer contained in fertilizers, this requirement is out of date and no longer relevant. It is therefore repealed. This repeal does not affect any new or current products and technologies.

The labelling requirements with respect to guaranteed analysis of a supplement found in the English version of subparagraphs 18(1)(f)(i), (ii) and (iii) of the FR are repealed to harmonize with the French version and to remove the repetition of these requirements because they are already outlined in paragraph 15(i).

Subsection 22(1) of the FR provides general requirements for the collection of samples that are to be analyzed, and subsections 22(2) and (3) provide detailed sampling requirements for fertilizers packed in bags and for non-liquid fertilizers in bulk. Subsections 22(2) and 22(3) are repealed as they are overly prescriptive. The general methodologies described in subsection 22(1) are sufficient to allow for the Regulations to be interpreted correctly.

The amendments to the HAR correct five discrepancies between the English and French versions. The English version of subsection 6.22(2) is amended to clarify the intent of the provision and to better align with the French version. Paragraph 91.4(4)(c) replaces the word “indication” with “signe” in the French version to provide consistency in wording throughout the HAR. Subsection 106(3) is also corrected to provide consistency in language by replacing “véhicule automobile” with “véhicule à moteur.” The reference to “paragraphe (5)” in the French version of subsection 106(5.2) is incorrect and is therefore replaced by a reference to subsection (5.1). An amendment to paragraph 183(2)(b) replaces the word “dès” with “immédiatement après” in the French version to ensure consistency in language throughout the Regulations. The requirement to be “in accordance with” a permit in subsections 165(1) and 165(2) of the HAR is removed, as it is already implied by other provisions of the Health of Animals Act.

Section 135.1 of the HAR requires license and permit holders to report on a veterinary biologic deficiency in the 15 days after the license or permit holder is aware of the deficiency or after the deficiency is generally known to industry. As recommended by the SJCSR, the requirement to report information within 15 days of it being “generally known to industry” is removed from this section. Interpretation of this requirement would be unclear as the point in time it refers to and is too vague to be determined. It is also impossible for a license or permit holder to report on a deficiency of which they have no knowledge, even if it is known elsewhere within the industry. A typographical error in this section is also corrected.

The word “semence” in “emballage de semence” in the French version of the SR is changed to the singular to maintain consistency of terminology throughout the SR. A discrepancy between the French and English versions of paragraph 10(3)(b) is resolved by adding the words “ou d’un mélange” to the French version. Subsections 13.1(2) and (2.1) of the SR are amended to clarify that the evaluations apply equally to candidates whether or not they are recommended by a conformity verification body. Finally, superfluous wording in paragraph 86(1)(a) of the SR is removed.

Consultation

No consultations were conducted as these amendments are minor amendments which do not impact policy, industry or Canadians. A copy of the amendments will be posted on CFIA’s Web site along with this Regulatory Impact Analysis Statement.

“One-for-One” Rule

The “One-for-One” Rule applies to the amendment to section 135.1 of the HAR. This amendment repeals a reporting requirement for industry which would have associated administrative costs, but this requirement has never been reported on or enforced. Any associated administrative costs for industry to report are multiplied by zero occurrences per year, and therefore the net cost is $0.

Small business lens

The small business lens does not apply to these regulatory amendments, as there are no costs to small business.

Rationale

These regulatory amendments address commitments made by the CFIA to resolve certain issues identified by the SJCSR.

The clarification of certain sections, the harmonization of the English and French versions, and the elimination of redundant or unnecessary provisions in these three regulations serve to reduce confusion and duplication of the requirements, as well as increase consistency in their interpretation.

Contact

Barbara Doan
Regulatory, Legislative and Economic Affairs
Canadian Food Inspection Agency
1400 Merivale Road
Ottawa, Ontario
K1A 0Y9
Telephone: 613-773-5657
Fax: 613-773-5692
Email: Barbara.Doan@inspection.gc.ca