T-4-095 - Signing Authority, Delegated Representatives and Canadian Agents

November 2009

Before proceeding with the approval process, a product proponent must provide the Crop Inputs Division with signing authority as outlined below.

Corporations

A corporation may choose either of the following two methods to designate an individual(s) to sign for registration:

  1. Supply the Crop Inputs Division with a copy of the letters of patent or certificate of incorporation together with a list of current Directors. If the person who will be signing fertilizer or supplement submissions for approval is not a member of the Board of Directors, then a letter must be included from one of the directors authorizing this person to sign fertilizer registrations on behalf of the company.
  2. Alternatively, we are also willing to accept a letter under the Corporate Seal of the Company, signed by an individual with signing authority, identifying the persons authorized to sign the applications for registration.

Using one of the above methods, a corporation may also appoint a person to be a delegated representative. A delegated representative may correspond with the Crop Inputs Division on matters relating to product registration, re-registration or approval, but may not sign application forms on behalf of the corporation.

Partnerships and Sole Proprietorships

In the case of partnerships or sole proprietorships, evidence must be supplied that the firm name is registered under the appropriate provincial legislation. If the person who will be signing the application for approval is not one of the partners or the proprietor, then a letter must be included from one of the partners or the proprietor, authorizing this person to sign applications on behalf of the company.

Resident Canadian Agents

As set out in the Fertilizers Regulations, where an application is made by an applicant who is not resident in Canada, the fertilizer or supplement to which the application relates is not eligible for registration unless the application is also signed by an agent of the applicant who is permanently resident in Canada and to whom any notice or correspondence under the Act may be sent and such agent gives an undertaking to the President of the Agency.

A 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. To establish a Resident Canadian Agent, the agent must fill out a Declaration of Resident Canadian Agent Form (CFIA/ACIA 1194), have it notarized and sent to the Crop Inputs Division.

The Crop Inputs Division must be advised immediately of any changes to the signing authority/delegated representative list or Canadian Agent(s). Changes may be completed by any of the above-mentioned methods.

If you have any further questions, please contact:

Canadian Food Inspection Agency
Plant Health and Biosecurity Directorate
Crop Inputs Division
Fertilizer Section
59 Camelot Drive
Ottawa, Ontario
K1A 0Y9
Canada
Telephone: 613-773-7189
Facsimile: 613-773-7163

This version replaces Trade Memorandum T-4-95, dated April 1, 1997.