Chapter 1 - Administrative Requirements for Pre-market Assessment and Product Registration of Livestock Feed
1.2 The Application Process
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1.2.1 Establishing a Company File and Signing Authority
Applicants submitting a feed for pre-market assessment for the first time must submit information to enable the Animal Feed Division (AFD) to establish a company file containing a signing authority list. The list will contain the names of the persons who will be authorized to interact with the AFD in all aspects of the company's feed registration files (i.e. signing registration applications, discussing applications, submitting additional information, requesting updates on the status of files, transferring or deleting registrations, and generally corresponding with the AFD).
The AFD will only discuss files and correspond with the person(s) listed on the signing authority list. This policy is in place to protect confidential business information.
126.96.36.199 To establish signing authority
Corporations must supply a copy of the letters patent or certificate of incorporation, along with a list of the current Directors. A letter must be included from one of the proprietors, directors or partners, stating the name of the authorized representative(s) who will have signing authority for feed registrations.
In the case of partnerships or sole proprietorships, evidence that the firm name is registered under the appropriate provincial or state legislation and a notarized letter designating the persons with signing authority must be supplied.
In place of the above information and letters, the AFD will accept a letter, on company letterhead, bearing the corporate seal or signature and stamp of a notary public, designating signing authority to the person(s) whom the company wishes to name. The letter must simply state that "the following individuals (names) are authorized for signing authority for feed submissions/registrations for (company name)".
A person, already on file with the AFD as having signing authority, may designate others to be added or deleted from the list, by submitting a letter displaying their original signature. No copies or faxes will be accepted for any signing authority designations.
If no person from the original signing authority list remains to make changes to the list, a letter to re-establish signing authority as described above is required, with either the corporate seal of the company or the signature and stamp of a notary public.
1.2.2 Resident Canadian Agent
For applicants residing outside of Canada, a Resident Canadian Agent must also be designated, who will co-sign the Application for Feed Registration or Renewal (CFIA/ACIA 0009) - PDF (98 kb) and to whom any notice or correspondence may be sent. The Canadian Agent must be a person, not a company, and this person must be a permanent resident of Canada. An applicant may have more than one Canadian Agent on file. (Unless the Canadian Agent has also been named as a signing authority for the company, the AFD will not communicate with the Canadian Agent on matters related to confidential business information or the status of a submission.)
The Canadian Food Inspection Agency (CFIA) requires applicants who do not live in Canada to have a Canadian agent in the event that there are legal matters associated with the registration or approval of a feed A Canadian resident would be the contact to whom legal documents can be personally served; this is often difficult or impossible to do in jurisdictions outside Canada. It would then be the agent's responsibility to notify the applicant of legal issues.
Note that the requirement to have an agent for registered product(s) who physically lives in Canada applies to applicants of other commodities subject to pre-market assessment and/or registration by the CFIA, not just livestock feeds.
188.8.131.52 To Establish A Resident Canadian Agent
The agent must fill out a Declaration of Resident Canadian Agent, Form II (CFIA/ACIA 1194) - PDF (101 kb), have it notarized and send the original form to the AFD. An individual with signing authority for the company must send a letter to the AFD stating the name of the Resident Canadian Agent. If the Resident Canadian Agent is also to have signing authority, this must be specified in the letter. The letter needs to have the original signature of the authorized representative writing the letter.
Resident Canadian Agents do not have full access to the company's files that are with the AFD unless they are also on the signing authority list as an authorized representative.
1.2.3 Changes to signing authority or Resident Canadian Agent
The AFD must be advised immediately of any changes to the signing authority list or Canadian agent(s). Changes to signing authority must be completed by any of the above-mentioned methods.
Since the CFIA requires original signatures, email correspondence is not acceptable for changes to the signing authority list, Canadian Agents, registrant name change, address change, registration transfers. All updates must be sent to:
Pre-market Application Submissions Office (PASO)
Attn: Animal Feed Division
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, ON K1A 0Y9
In general, there are no fees for changes to the signing authority list and/or Canadian Agents, unless this results in a change to the information that appears on your registered label. For example, if the name and/or address of the Canadian Agent appear on a label and the name or address is changed, an administrative amendment application package (including fees) will be required for each registration affected. See section 1.5 below for more information on submitting an administrative amendment.
Authorized signing authority representatives and/or Canadian Agents are not "assigned" to specific products for a company's files. They are identified by the company as having authority to interact with the AFD on behalf of the company in general. To facilitate communications, the AFD will correspond with the authorized individual that signed the application form for the submission in question, unless otherwise instructed at the time of application.
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