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3.2.5 Agency Regulatory Plans

The CFIA enforces 42 sets of regulations related to the 13 acts that form the Agency’s legislative base. The Agency has an ambitious regulatory agenda. In 2008-09, a total of nine regulations, including three fee remission orders, were finalized and published in the Canada Gazette, Part II. When significant regulatory initiatives are proposed, a major cost-benefit analysis is completed. However, during the year, regulatory and other priorities may change resulting in some regulations not proceeding through the process as quickly as anticipated and others being finalized more quickly than expected. The major regulatory initiatives for 2008–09 are listed below along with the results achieved.

Regulations Expected Results Results Achieved

Regulations amending the Health of Animals Regulations (Humane Transport of Animals)

Part XII of the Health of Animals Regulations (regulations that control animal transportation in Canada) will be modernized by setting reasonable standards of care that address the welfare of animals in transit.

The regulatory proposal will require that carriers involved in the transport of live animals have knowledge of the species being transported. It will identify animal transportation risk factors, requires that these be assessed prior to transport and that remedial action be taken to address any factors that may result in injury, suffering or death to the animals.

The regulatory standards for Part XII of the Health of Animals Regulations will be strengthened and clarified.

Regulations not yet promulgated.

Regulations amending the Health of Animals Regulations (Medicated Feeds Regulations)

New regulations are being developed under the Health of Animals Act that will regulate how feeds are manufactured and that will implement manufacturing standards to ensure that finished products meet regulatory standards. These regulations will apply to both commercial and non-commercial feed manufacturing operations.

Better control of medication limits in feed. Under-medicated feed inadequately controls animal disease and compromises efficient animal production systems. Over-medicated feed can pose a safety risk both to animals and humans consuming food produced from these animals.

Regulations not yet promulgated.

Regulations amending the Licensing and Arbitration Regulations (L&A) and Fresh Fruit and Vegetable Regulations (FFV) (Destination Inspection)

The purpose of this amendment is to remove the links between the FFV Regulations and the L&A Regulations with respect to quality verifications for commercial dispute purposes. The amendment is designed to offer flexibility to licensees under the L&A Regulations by removing the requirement to have only the CFIA deliver destination inspection services.

Better flexibility for licensees to choose their provider of inspection services and more timely delivery of inspection services.

Regulatory development ongoing.

Regulations amending the Health of Animals Regulations (Aquatic Animal Health)

The objective of this amendment is to bring fish under the authority of the Health of Animals Regulations, thereby making fish subject to disease requirements and also qualify when compensation is appropriate.

The proposal is the regulatory basis for implementation of the NAAHP. It adds reporting requirements for diseases of aquatic animals to the Health of Animals Regulations.

Reduction in the introduction of diseases from aquatic animals into Canada through increased regulations controlling the importation into, or movement within, Canada of aquatic animals or their products.

Regulatory development ongoing.

Regulations amending the Seed Regulations (Variety Registration)

The objective of this amendment package is to create a flexible, variety registration system that will allow for the necessity of merit and pre-registration testing to be determined based on crop kind.

Increased ability of the variety registration system to respond to evolving agri-food sector needs.

Regulations published in the Canada Gazette, Part I.

Regulations amending the Health of Animals Regulations (Toxic Substances Regulations)

While the Health of Animals Act currently provides the authority to prescribe toxic substances, none are presently identified. The Act further specifies the way in which toxic substances can be prescribed. The addition of a list of toxic substances to the federal Health of Animals Regulations is therefore being proposed.

The contamination of animals by chemicals or toxins has the potential to affect animal health, and public health via the human food chain.

Enhanced ability to take regulatory action in instances where animals are suspected of being, or are known to have been, contaminated by toxic substances.

Strengthened ability to respond to emergency situations, either accidental or deliberate acts such as bioterrorist attacks through the contamination of livestock feed and/or animals.

Better alignment with international standards.

Regulatory development ongoing.

Regulations amending the Health of Animals Regulations (Hog Identification)

This regulatory initiative amends the Health of Animals Regulations in order to establish the identification and movement components of a national hog traceability system.

Minimization of the effects of a foreign animal disease outbreak or a food safety crisis.

A national traceability system compatible with systems developed by other Canadian livestock sectors and packers.

Trading partners’ expectations and World Animal Health Organization guidelines addressed.

Regulatory development ongoing.

Regulations amending the Agriculture and Agri-Food Administrative Monetary Penalties (AMPs) Regulations

This amendment incorporates violations of the new provisions into the AMPs Regulations so that the authority exists for CFIA regional directors to issue monetary penalties in the event of non-compliance with the new and modified requirements of the animal identification program.

Maintained or improved industry compliance with regulatory requirements.

Regulations promulgated.

Regulations amending the Certain Ruminants and Their Products Importation Prohibition Regulations, No. 2

This amendment extended the operation of the Importation Prohibition Regulations until December 31, 2008.

Continued regulatory protection against unapproved imports of animal products and by-products.

Regulations promulgated.

Regulations amending the Certain Ruminants and Their Products Importation Prohibition Regulations, No. 2

This amendment extended the operation of the Importation Prohibition Regulations until June 30, 2009

Continued regulatory protection against unapproved imports of animal products and by-products.

Regulations promulgated.

Regulations amending the Organic Products Regulations

This amendment extended the coming into force date of the Organic Products Regulations until June 30, 2009.

Provided for development of revised regulations.

Regulations promulgated.

Regulations amending the Seeds Regulations (Kernel Visual Distinguishability)

The GoC decided to eliminate kernel visual distinguishability (KVD) requirements from all classes of western Canadian wheat as of August 1, 2008. This amendment to the Seeds Regulations therefore removes the KVD-related restrictions in the Regulations on wheat seed imported into the Canadian Wheat Board Area in western Canada. This regulatory amendment is consistent with Canada’s international trade obligations.

Potential access to new wheat varieties.

Regulations promulgated.

Regulations amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency (import Regulations)

This amendment brings the import requirements related to the control of BSE for animal products and by-products originating in the U.S. in line with those from other countries, thereby eliminating the need for a ministerial regulation prohibiting the importation of U.S. bovine products.

The implementation of consistent importation requirements.

Regulations promulgated.

Certain Fees Relating to Export Certificates Remission Order

Certain Fees Relating to Feeder Cattle Imported from the United States Remission Order

Certain Fees Relating to Registered Establishments Remission Order

The above orders provided for the remittance of fees for the above services.

Not applicable.

Remission orders promulgated.

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