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Vol. 136, No. 5 — February 27, 2002
Registration
SOR/2002-68 7 February, 2002
CANADA AGRICULTURAL PRODUCTS ACT
Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency
P.C. 2002-166 7 February, 2002
Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to section 32 of the Canada Agricultural Products Act (see footnote a) , hereby makes the annexed Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency.
REGULATIONS AMENDING CERTAIN REGULATIONS ADMINISTERED AND ENFORCED BY THE CANADIAN FOOD INSPECTION AGENCY
AMENDMENTS
FRESH FRUIT AND VEGETABLE REGULATIONS
1. Section 2 of the Fresh Fruit and Vegetable Regulations (see footnote 1) is amended by adding the following in alphabetical order:
"operator" means the person who is responsible for the operation of a registered establishment; (exploitant)
2. (1) Subparagraph 57(1)(a)(iv) (see footnote 2) of the Regulations is repealed.
(2) Section 57 of the Regulations is amended by adding the following after subsection (1):
(1.1) Despite subparagraph (1)(a)(ii), the Director shall not suspend the registration of an establishment for not complying with any provision of the Act or these Regulations that establishes a requirement in respect of the grading of produce unless an inspector finds that more than one such contravention has been committed in the establishment in the course of one week.
(3) Paragraphs 57(2)(a) and (b) (see footnote 3) of the Regulations are replaced by the following:
(a) an inspector has, at the time of the inspection, notified the operator of the existence of grounds for suspension under paragraph (1)(a);
(b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and
(4) Paragraphs 57(3)(b) to (d) (see footnote 4) of the Regulations are replaced by the following:
(b) until the registration is cancelled; or
(c) in the case of a suspension under subsection (1.1), until 225 000 kg of produce have been shipped from the establishment without more than one additional contravention.
3. Section 58 (see footnote 5) of the Regulations is replaced by the following:
58. (1) The Director may cancel the registration of a registered establishment where
(a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (2);
(b) there has been a change in ownership that involves a change of management of the establishment; or
(c) the application for registration contains false or misleading information.
(2) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.
(3) No registration shall be cancelled under subsection (1) unless
(a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and
(b) a notice of cancellation of registration was delivered to the operator.
4. The Regulations are amended by adding the following after section 58:
Surrender of Certificate of Registration
58.1 If an establishment's registration is suspended or cancelled, the operator of the establishment shall surrender the certificate of registration to an inspector on request.
HONEY REGULATIONS
5. (1) Subparagraph 12(1)(a)(i) (see footnote 6) of the French version of the Honey Regulations (see footnote 7) is replaced by the following:
(i) l'établissement n'est pas conforme à la Loi ou au présent règlement,
(2) Paragraph 12(2)(b) (see footnote 8) of the Regulations is replaced by the following:
(b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and
(3) Paragraph 12(3)(c) (see footnote 9) of the Regulations is repealed.
6. (1) Paragraphs 13(1)(a) (see footnote 10) and (b) (see footnote 11) of the Regulations are replaced by the following:
(a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (1.1);
(b) there is a change in ownership that involves a change of management of the establishment; or
(c) the application for registration contains false or misleading information.
(2) Section 13 of the Regulations is amended by adding the following after subsection (1):
(1.1) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.
(3) Paragraphs 13(2)(a) to (d) (see footnote 12) of the Regulations are replaced by the following:
(a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and
(b) a notice of cancellation of registration was delivered to the operator.
MAPLE PRODUCTS REGULATIONS
7. (1) Subparagraph 6.3(1)(a)(i) (see footnote 13) of the French version of the Maple Products Regulations (see footnote 14) is replaced by the following:
(i) l'établissement n'est pas conforme à la Loi ou au présent règlement,
(2) Paragraph 6.3(2)(b) (see footnote 15) of the Regulations is replaced by the following:
(b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and
(3) Paragraph 6.3(3)(c) (see footnote 16) of the Regulations is repealed.
8. (1) Paragraphs 6.4(1)(a) (see footnote 17) and (b) (see footnote 18) of the Regulations are replaced by the following:
(a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (1.1);
(b) there is a change in ownership that involves a change of management of the establishment; or
(c) the application for registration contains false or misleading information.
(2) Section 6.4 of the Regulations is amended by adding the following after subsection (1):
(1.1) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.
(3) Paragraphs 6.4(2)(a) to (d) (see footnote 19) of the Regulations are replaced by the following:
(a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and
(b) a notice of cancellation of registration was delivered to the operator.
COMING INTO FORCE
9. 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 regulatory package amends the Fresh Fruit and Vegetable Regulations, the Maple Products Regulations and the Honey Regulations made under the Canada Agricultural Products Act following recommendations from the Standing Joint Committee for the Scrutiny of Regulations (SJC). These Regulations set out grading, packing and marketing requirements for fresh fruits and vegetables, maple products and honey and establish national standards for and regulate international and interprovincial trade in maple products.
The SJC observed that the grounds for cancellation of a registration of an establishment under these Regulations are identical to the grounds for suspension. It was, therefore, requested by the SJC that the relevant sections be modified so as to distinguish between the grounds leading to suspension and the grounds leading to cancellation.
The amendments would make cancellation of an establishment registration conditional upon a suspension whereby the operator has not taken the required corrective action during the time allotted. However, in cases where a change of ownership involves a change in management, or where an application for registration of an establishment is found to contain false or misleading information, the CFIA can cancel an establishment's registration without first having suspended it.
An additional technical amendment to incorporate a definition for the word "operator" in the Fresh Fruit and Vegetable Regulations is also being made. The word "operator" is defined under other regulations made under the Canada Agricultural Products Act (CAP), namely: the Dairy Products Regulations, the Egg Regulations, the Honey Regulations, the Maple Products Regulations and the Processed Egg Regulations. The amendment will harmonize these Regulations made under the CAP Act in this respect and is being included in this package due to the number of occurrences of the word "operator" in these amendments.
Alternatives / Consultation
These amendments are minor modifications to the existing Regulations which serve to clarify the grounds for suspension and cancellation of registered establishments. The amendments were made in consultation with the Department of Justice under the recommendation of the SJC. No alternatives were considered.
This amendment was published in the Canada Gazette, Part I, on November 10, 2001. Interested parties were invited to make representations concerning the proposed amendment during a 30-day comment period. No submissions were received.
Compliance and Enforcement
The amendments would not impact on the current enforcement process.
Contact
Alan Goldrosen
Regulatory and Legislative Affairs
Canadian Food Inspection Agency
59 Camelot Drive
Nepean, Ontario
K1A 0Y9
Tel.: (613) 225-2342, ext. 4237
FAX: (613) 228-6653
R.S., c. 20 (4th Supp.)
C.R.C., c. 285
SOR/95-475
SOR/95-475
SOR/95-475
SOR/90-218
SOR/91-370
C.R.C., c. 287
SOR/91-370
SOR/91-370
SOR/91-370
SOR/91-370
SOR/91-370
SOR/91-371
C.R.C., c. 289
SOR/91-371
SOR/91-371
SOR/91-371
SOR/91-371
SOR/91-371
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