T-4- 95 - Signing Authority, Delegated Representatives and Canadian Agents
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Before proceeding with the approval process, a product proponent must provide the Fertilizer Safety Section with signing authority as outlined below.
A corporation may choose either of the following two methods to designate an individual(s) to sign for registration:
- Supply the Fertilizer Safety Section 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.
- Alternatively, the CFIA will also 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 Fertilizer Safety Section 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 (CFIA/ACIA 1194), which must be witnessed and sent to the Fertilizer Safety Section.
A witness can be any non-related person who is above the age of majority in the relevant province and is of sound mind.
Designation as the Canadian Agent does not automatically mean the person has a signing authority on the file and a separate statement is required to authorize the Fertilizer Safety Section to communicate with the individual regarding the file.
The Fertilizer Safety Section 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:
Fertilizer Safety Section
c/o Pre-market Application Submissions Office (PASO)
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, ON K1A 0Y9
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