Order Fixing January 15, 2019 as the Day on which Certain Provisions of the Act Come into Force: SI/2018-39
Canada Gazette, Part II, Volume 152, Number 12
Registration
June 13, 2018
SAFE FOOD FOR CANADIANS ACT
P.C. 2018-601 May 29, 2018
Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food and the Minister of Health, pursuant to section 111 of the Safe Food for Canadians Act, chapter 24 of the Statutes of Canada, 2012, fixes January 15, 2019 as the day on which that Act comes into force, other than sections 73, 94, 109 and 110, which came into force on assent.
Order Fixing January 15, 2019 as the Day on which Certain Provisions of the Act Come into Force
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
To fix January 15, 2019, as the day on which the Safe Food for Canadians Act (SFCA) comes into force, other than sections 73, 94, 109 and 110 which came into force on assent.
Objective
To bring into force the SFCA, which will consolidate food provisions currently being administered and enforced by the Canadian Food Inspection Agency (CFIA) under the Canada Agricultural Products Act, the Meat Inspection Act, the Fish Inspection Act and the Consumer Packaging and Labelling Act. The SFCA will modernize and streamline federal legislation related to food in order to improve food oversight and food safety, better protect consumers, strengthen legislative authorities across food commodities, and enhance international market opportunities for Canadian industry.
On the day the SFCA comes into force, the Canada Agricultural Products Act, the Meat Inspection Act, and the Fish Inspection Act will be repealed by the SFCA, and consequential and coordinating amendments will be made to the following statutes:
- (1) Competition Act: To remove references to the food provisions of the Consumer Packaging and Labelling Act, as they will now be included under the Safe Food for Canadians Act;
- (2) Consumer Packaging and Labelling Act: To remove provisions related to food products, and include them under the Safe Food for Canadians Act;
- (3) Federal Courts Act: To reference the Board of Arbitration and the Review Tribunal, as they will now be under the authorities of the Safe Food for Canadians Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act, respectively;
- (4) Feeds Act, Fertilizers Act, Plant Protection Act, Health of Animals Act and Pest Control Products Act: To reference the Review Tribunal, as it will now be under the authority of the Agriculture and Agri-Food Administrative Monetary Penalties Act;
- (5) Seeds Act: To reference the Review Tribunal, as it will now be under the authority of the Agriculture and Agri-Food Administrative Monetary Penalties Act, to allow for the designation of accredited laboratories, and provide the authority to make regulations to register seed preparation establishments and licence operators;
- (6) Customs Act and the Canada Border Services Agency Act: To add references to the Safe Food for Canadians Act;
- (7) Contraventions Act: To repeal Section 1 of the schedule;
- (8) Agriculture and Agri-Food Administrative Monetary Penalties Act: To add references to the Canada Grain Act, Safe Food for Canadians Act and incorporate provisions for the Review Tribunal previously under the authority of the Canada Agricultural Products Act;
- (9) Canadian Food Inspection Agency Act: To remove references to the Canada Agricultural Products Act, Fish Inspection Act and Meat Inspection Act, add references to the Safe Food for Canadians Act and add provisions for recalls and reviews.
Background
Food in Canada is regulated under a suite of different statutes including the Food and Drugs Act, the Fish Inspection Act, the Meat Inspection Act, the Canada Agricultural Products Act and the Consumer Packaging and Labelling Act. These acts were created at various times over several decades, and have been updated at differing frequencies. Legislative modernization was needed to strengthen food oversight, protect consumers from unsafe practices, and to provide consistency in regulations across food commodities, including consistency in inspection powers and procedures.
The SFCA received royal assent on November 22, 2012; however, regulations were needed before it could be fully brought into force. The CFIA has consulted widely with industry stakeholders on an approach to consolidate the current food commodity specific regulations into a single set of regulations, and expand its scope to all food, known as the Safe Food for Canadians Regulations (SFCR).
With the SFCR ready for implementation, it is necessary to bring the SFCA fully into force.
Implications
The SFCA and the SFCR modernize Canada’s food safety system providing improved food safety oversight. They will strengthen Canada’s reputation as a leader in food safety by establishing consistent, prevention-focused requirements for food.
In order to ensure synchrony, the coming into force of the SFCR, amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations, and updates to the Canadian Food Inspection Agency Fees Notice are planned to come into force on the same day, as the SFCA fully comes into force, which is January 15, 2019. This date provides approximately six months from the time of publication in the Canada Gazette, Part II, until the full coming into force of the SFCA and the SFCR, for stakeholders to review the SFCR and comply with any new requirements. A transitional provision in the SFCA that is currently in force, allows existing permits or licences issued, registrations made, or authorizations given under the Fish Inspection Act, the Meat inspection Act or the Canada Agricultural Products Act, to remain valid for purposes of the SFCA and SFCR until they expire, provided the CFIA includes a statement to that effect on the permit, licence, registration or authorization, as the case may be.
Consultation
More than 10 000 stakeholders have been engaged through the SFCA and SFCR consultation process. Stakeholders support an outcome-based, prevention-focused approach that is consistent with international trading partners, better enabling market access.
Federal Departments and Agencies that administer legislation to which there will be consequential amendments, as a result of fully bringing into force the SFCA, have been notified.
Agency contact
Dawn Lumley-Myllari
Executive Director
Policy and Regulatory Affairs Directorate
Canadian Food Inspection Agency
Telephone: 613-773-6268
Fax: 613-773-5960
Email: Legislation.OTTFPI6.NCR4@inspection.gc.ca