CFIA Forward Regulatory Plan: 2024 to 2026

Amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (miscellaneous amendment regulations) – Standing Joint Committee for the Scrutiny of Regulations

Description of the objective

Administrative monetary penalties are one of several enforcement options for the CFIA to respond to non-compliance. The amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations would be updated to reflect changes being made to the Health of Animals Regulations and the Plant Protection Regulations to address issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). Other proposed amendments include repealing an item associated with the Safe Food for Canadians Act, and expanding the method of payment options to include credit cards and electronics fund transfers (EFTs).

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Agriculture and Agri-Food Administrative Monetary Penalties Act

Potential impacts on Canadians, including businesses

There are no business impacts or direct costs expected as a result of the regulatory amendment.

Regulatory cooperation efforts (domestic, international)

This initiative is a companion amendment to the Miscellaneous Amendment Regulations Amending the Health of Animals Regulations, the Plant Protection Regulations and the Seeds Regulations. Regulatory cooperation is not applicable in this context.

Public consultation opportunities

It is anticipated that these amendments will be published in the Canada Gazette, Part II in fall 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2019 to 2021 FRP.

Amendments to the CFIA Fees Notice (Part 4 – aligning the feeds fees with the Feeds Regulations, 2024)

Description of the objective

These amendments would align the service descriptions and fees under Part 4 of the CFIA Fees Notice with the proposed Feeds Regulations, 2024. This would be carried out in 2 stages to coincide with the publication of the regulations (anticipated for spring 2024) and the delayed coming into force of the proposed licensing requirements (18 months after publication).

The first stage of amendments would align the service descriptions for feeds with the proposed Feeds Regulations, 2024 only. Updates to the service descriptions would be made at the same time as the Feeds Regulations, 2024. No changes would be made to the remaining fees and no new fees would be introduced as a part of this first stage of amendments. The second stage of amendments would propose a new licensing fee and licence renewal fee in order for the CFIA to implement the new licensing regime under the regulations. This second stage would follow approximately one year after the new Feeds Regulations are in force.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Canadian Food Inspection Act

Potential impacts on Canadians, including businesses

There would be business impacts, as there would be new fees introduced for issuing and renewing a licence. The CFIA is currently conducting analysis on the full impact of the proposed changes.

Regulatory cooperation efforts (domestic, international)

Regulatory cooperation is not applicable in this context.

Public consultation opportunities

Public consultation is not required for the first stage of amendments as there would be no impacts on industry or the public as a result of these changes. It is anticipated that the first stage of amendments will be published as final in the Canada Gazette, Part I in spring 2024.

Stakeholders were consulted on the new licensing regime throughout the consultative process for the Feeds Regulations, 2024. The CFIA will continue to engage stakeholders on these proposed fees for licensing and licence renewals prior to their publication. It is anticipated that this second stage of amendments will be published as final in the Canada Gazette, Part I in spring 2025.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2022 to 2024 FRP.

Amendments to the CFIA Fees Notice (Part 11 – aligning the service fees for hatcheries with the Health of Animals Regulations)

Description of the objective

Amendments to the Health of Animals Regulations (HAR) were published on November 9, 2022 that modernize and consolidate the requirements for licensing and operating poultry establishments in Canada. As a result of these amendments, updates are required to align both the service descriptions and the service fees under Part 11 of the CFIA Fees Notice with the HAR.

This proposal is being carried out in 2 stages, the first of which was published on November 12, 2022 to coincide with the publication of the HAR amendments. The first stage aligned the service descriptions for hatcheries with the HAR amendments and repealed fees associated with services that are no longer offered by the CFIA. No changes were made to the remaining fees and no new fees were introduced as a part of this first stage of amendments.

The second stage of amendments would seek to introduce a licence renewal fee in order for the CFIA to implement the new licensing regime under the HAR.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Canadian Food Inspection Act

Potential impacts on Canadians, including businesses

There were no business impacts as a result of the first stage of amendments as these changes only aligned the service descriptions with the HAR requirements for hatcheries and repealed fees for certain services no longer offered by the CFIA.

There would be business impacts as a result of the second stage of amendments. The CFIA is currently conducting analysis on the impact of the proposed changes.

Regulatory cooperation efforts (domestic, international)

Regulatory cooperation is not applicable in this context.

Public consultation opportunities

Public consultation was not required for the first stage of amendments as there were no impacts on industry or the public as a result of these changes. The first stage of amendments were published as final in the Canada Gazette, Part I on November 12, 2022.

Stakeholders will be consulted on the second stage of amendments to the fees throughout the CFIA's review process. It is anticipated that these amendments will be published as final in the Canada Gazette, Part I in winter 2025.

Departmental contact

cfia.legislation-legislation.acia@ inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2022 to 2024 FRP.

Amendments to the CFIA Fees Notice (Part 16 – Fish Inspection Fees)

Description of the objective

The CFIA currently charges different fees depending on the type of product and the type of licence held by the fish importer prior to the coming into force of the Safe Food for Canadians Regulations, as per Table 2 of Part 16 of the CFIA Fees Notice. Fees under Column 2 apply to importers who previously held the Basic licence, and the fee under Column 3 applies to importers who held the Quality Management Program for Importers licence.

The CFIA is proposing to revise Table 2 (Inspection Services for Import Fee per Kilogram based on weight declared) by removing the fees under Column 2 and maintaining the fee associated with Column 3 for all fish and seafood products, thus ensuring the application of a consistent and uniform fee for all importers.

In addition, the CFIA is looking to make other changes to the notice to streamline its language and fees.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Canadian Food Inspection Act

Potential impacts on Canadians, including businesses

The business impact of this change is that most fish importers will pay a lower rate per kilogram to import fish into Canada. There will be no business impact for those importers who already pay the fees associated with "QMPI – import licence."

The CFIA is also pursuing a broader service fee modernization initiative, that could affect fish import fees. As a result, there could be business impacts when that modernization initiative is realized.

Regulatory cooperation efforts (domestic, international)

Regulatory cooperation is not applicable in this context.

Public consultation opportunities

It is anticipated that these amendments will be published as final in the Canada Gazette, Part I in summer 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2024 to 2026 FRP.

Feeds Regulations, 2024

Description of the objective

These proposed regulations, which were pre-published in the Canada Gazette, Part I on June 12, 2021, would modernize the Feeds Regulations, 1983 in order to reduce overlap and redundancy; increase responsiveness to industry changes; and address gaps, weaknesses and inconsistencies. The proposed regulations would also provide more clarity, flexibility and transparency to affected regulated parties.

Minimizing the risks associated with livestock feeds manufactured in or imported into Canada is one of the principal anticipated outcomes of the proposal. Feed is an integral component that underpins food production in Canada. Safe and effective feeds contribute to the production of healthy livestock and safe foods of animal origin for human consumption.

The proposed Feeds Regulations, 2024 would be less prescriptive, and more focused on the overall health and safety outcomes of the system. They would include a range of new or updated requirements for feeds and for regulated parties involved in their production and commerce, including hazard identification, preventive controls, traceability, record-keeping requirements, and licensing. They would increase responsiveness to industry changes, and provide more clarity, flexibility and transparency to affected regulated parties. They would also reflect the latest science, technological advancements, industry best practices, and introduce a modern approach to risk management and oversight. In addition, the feed ingredient approval process will be updated to provide better transparency and clarity to stakeholders. Lastly, they would better align Canadian feed requirements with those of international trading partners.

Consequential amendments to the CFIA Fees Notice would also be made to align fee descriptions with the regulatory changes. No changes to fees would be made at this time. See "Amendments to the CFIA Fees Notice, Part 4 - aligning the feeds fees with the Feeds Regulations, 2024" for more information.

• This initiative is associated with the Regulatory Stock Review Plan and the Agri-food and Aquaculture Regulatory Roadmap

Enabling act

Feeds Act

Potential impacts on Canadians, including businesses

There would be business impacts. The affected stakeholders include commercial feed manufacturers, ingredient manufacturers, on-farm feed manufactures, feed retailers/distributors, importers and exporters, and industry associations.

The "One-for-One" rule and the Small Business Lens would apply. The proposed regulations would support the protection of public health as well as animal health, reduce feed safety risks for animals and consumers, and create a level playing field for the feed industry. Other benefits include increased international and domestic regulatory alignment, a consistent and more effective feed safety approach to inspection and oversight by the CFIA, and an enhanced reputation for Canada as a global feed safety leader.

The CFIA would include a delayed coming into force and transitional provisions to assist industry readiness.

Regulatory cooperation efforts (domestic, international)

The proposed regulations reflect internationally recognized standards and management-based requirements, including good manufacturing practices. This has the effect of better aligning Canadian feed requirements with those of our trading partners.

Domestically, the CFIA is working to align the proposed regulations with the Safe Food for Canadians Regulations wherever possible. This will provide for a consistent regulatory and enforcement approach across the CFIA.

The CFIA is working to stay informed of feed regulatory requirements in the United States and to align Canadian requirements wherever possible to facilitate future regulatory cooperation efforts. The introduction of requirements for preventive control plans in the proposed regulations will better align with the approach taken in both the United States and the European Union. As a result, this will present new opportunities for greater regulatory cooperation and to facilitate trade.

Public consultation opportunities

The proposed regulations were pre-published in the Canada Gazette, Part I on June 12, 2021. A public comment period of 126 days was available for Canadians, other interested parties and the World Trade Organization (WTO) to provide feedback on the regulatory proposal. The CFIA has completed its analysis of all comments received during the Canada Gazette, Part I public consultation period and is making the appropriate changes to the regulatory package. A "what we heard" report was published on the CFIA website in December 2022.

The CFIA previously completed cross-country consultations in spring 2016 with affected stakeholders, followed by further targeted online consultations regarding technical documents to be incorporated by reference. Another consultation occurred in fall of 2020 on the proposed changes and economic impacts.

It is anticipated the final amendments will be published in the Canada Gazette, Part II in spring 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2014 to 2016 FRP.

Amendments to the Food and Drug Regulations (creating an agile framework for compositional standards)

Description of the objective

The way in which the current food compositional standards are structured under the Food and Drugs Act and Food and Drug Regulations (FDR) is not responsive to changes in technology or consumer demand. This can prevent or slow industry innovation.

The CFIA proposes to address this issue by using incorporation by reference to allow food compositional standards to be maintained and updated in a transparent, timely and efficient manner.

The incorporation by reference of FDR food standards was included in the three phases of the Food Labelling Modernization consultations in 2013, 2014 and 2016 to 2017. This also included a notification to the World Trade Organization.

This amendment is being developed in collaboration with Health Canada's "Modernize food regulations to enable innovative and safe foods for Canadians" initiative and is intended to use modern regulatory tools to help foster industry innovation while also protecting consumers from deception and enabling more informed purchasing decisions.

• This initiative is associated with the Regulatory Stock Review Plan and the Agri-food and Aquaculture Regulatory Roadmap

Enabling act

Food and Drugs Act

Potential impacts on Canadians, including businesses

There would be no immediate impact on Canadians since this regulatory amendment would not result in a change to the compositional standards. The amendment would result in a more agile regulatory structure that would allow the CFIA to respond to industry and consumer requests for change in a more efficient manner.

Regulatory cooperation efforts (domestic, international)

This regulatory amendment would contribute to domestic and international cooperation efforts by facilitating subsequent alignment of Canada's compositional standards with international standard setting bodies and major trading partners.

Public consultation opportunities

In October 2022, the CFIA and Health Canada held an information session to provide food industry and health stakeholders with an overview of the regulatory proposal.

The proposed amendments were pre-published in the Canada Gazette, Part I on November 4, 2023. A public comment period of 90 days began on that day for Canadians and other interested parties to provide feedback on the regulatory proposal.

It is anticipated that these amendments will be published as final in the Canada Gazette, Part II in fall 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2013 to 2018 update as part of the Food Labelling Modernization initiative but was removed in 2019. This initiative was included as a separate initiative in the CFIA's 2020 to 2022 FRP and is proceeding in sync with Health Canada's "Modernize food regulations to enable innovative and safe foods for Canadians" initiative.

Amendments to the Compensation for Destroyed Animals Regulations (Schedule – regulated maximum amounts for bison)

Description of the objective

The proposed amendments to the Compensation for Destroyed Animals Regulations (CDAR), which were pre-published in the Canada Gazette, Part I on July 10, 2021, would revise the maximum monetary compensation amounts for bison ordered destroyed to reflect the current market value for bulls – 1 year and older – and all other bison. The objective of the CDAR is to encourage prompt reporting in the event of a disease outbreak. The new maximum compensation amounts represent the highest payment that the Minister of Agriculture and Agri-Food can authorize under the CDAR. The actual amount of compensation to be paid to an owner or producer is calculated based on the current market value of the animal at the time it is ordered destroyed minus the value of its carcass, and not exceeding the maximum compensation amount prescribed in the CDAR. These amounts were last reviewed in 2007.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Health of Animals Act

Potential impacts on Canadians, including businesses

Under the Health of Animals Act, the CFIA may order the destruction of animals or things affected by a disease. Such an order, while unfortunate and difficult for all concerned, is often necessary to keep humans and other animals safe, and to keep export markets open. The CFIA is dedicated to working directly with affected producers so that the compensation process runs as smoothly as possible.

Regulatory cooperation efforts (domestic, international)

This initiative is an amendment to the maximum compensation values in cases where bison affected by a federally regulated disease are ordered destroyed. Regulatory cooperation is not applicable in this context.

Public consultation opportunities

These proposed amendments were pre-published in the Canada Gazette, Part I on July 10, 2021. A public comment period of 75 days was made available for Canadians and other interested parties to provide feedback on the regulatory proposal. It is anticipated that the proposed amendments will be published in the Canada Gazette, Part II in summer 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2019 to 2021 FRP.

Amendments to the Compensation for Destroyed Animals Regulations (Eligible labour expenses)

Description of the objective

Under the Health of Animals Act, the Minister may order the disposal of an animal or thing where there is a risk of contamination by a disease, and order compensation to the owner according to the Compensation for Destroyed Animals Regulations (CDAR). Compensation may include such costs that were "paid or incurred" by the owner in relation to the disposal of the animal, however the regulations do not currently permit compensation for personal labour expended to dispose of animals ordered destroyed. In some cases, the owner is best placed to most effectively complete the disposal activities as quickly as possible. In order to increase efficiency in disposal activities and consistency within the compensation scheme, this amendment would enable compensation for an animal owner's personal labour for destruction and disposal activities.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Health of Animals Act

Potential impacts on Canadians, including businesses

An order for the destruction of an animal or thing affected by a disease, while unfortunate and difficult for all concerned, is often necessary to keep humans and other animals safe, and to keep export markets open. The CFIA is dedicated to working directly with affected producers so that the compensation process runs as smoothly as possible. This amendment would provide affected animal owners with the option to be compensated for personal labour related to the destruction and disposal of animals or things that may be compensated under the Health of Animals Act.

Regulatory cooperation efforts (domestic, international)

This initiative is an amendment to the CDAR for animal owners affected by a federally regulated disease such that their animal is ordered destroyed. Regulatory cooperation is not applicable in this context.

Public consultation opportunities

It is anticipated that these amendments will be published in the Canada Gazette, Part II in summer 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2023 to 2025 FRP.

Amendments to the Compensation for Destroyed Animals Regulations (updated duck species)

Description of the objective

Under the Health of Animals Act, the Minister may order the disposal of an animal or thing where there is a risk of contamination by a disease, and order compensation to the owner according to the Compensation for Destroyed Regulations (CDAR). Currently, the CDAR includes maximum compensation amounts for the Anatidae family of water birds, and for one specific duck species (Cairina moschata, or Muscovy ducks); it does not specifically list other species of commercially farmed ducks in Canada. This has resulted in a lack of consistency in the compensation amounts for different species of commercial ducks.

The proposed regulatory amendments to the CDAR would expand the list of duck species in Schedule I of the CDAR to ensure all commercial duck species are captured. This will provide consistency in the compensation provided to owners of different commercial duck species. No changes are proposed to the maximum amounts.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Health of Animals Act

Potential impacts on Canadians, including businesses

Under the Health of Animals Act, the CFIA may order the destruction of animals or things affected by a disease. Such an order, while unfortunate and difficult for all concerned, is often necessary to keep humans and other animals safe, and to keep export markets open. The CFIA is dedicated to working directly with affected producers so that the compensation process runs as smoothly as possible.

Regulatory cooperation efforts (domestic, international)

This initiative is an amendment to the CDAR for animal owners affected by a federally regulated disease such that their animal is ordered destroyed. Regulatory cooperation is not applicable in this context.

Public consultation opportunities

It is anticipated that these amendments will be published in the Canada Gazette, Part II in summer 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2024 to 2026 FRP.

Amendments to the Compensation for Destroyed Animals Regulations (compensation for the disposal costs of things)

Description of the objective

Under the Health of Animals Act, the Minister may order the disposal of an animal or thing where there is a risk of contamination by a disease, and order compensation to the owner according to the Compensation for Destroyed Regulations (CDAR). While the CDAR includes provisions for the compensation for the disposal costs of animals, it does not authorize or set out the parameters to compensate owners for the disposal costs for things that have been ordered destroyed.

In order to enhance consistency with the compensation scheme for animals, the proposed regulatory amendments to the CDAR would provide the authority for the Minister to order compensation for the costs associated with the disposal of certain things ordered destroyed.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Health of Animals Act

Potential impacts on Canadians, including businesses

Under the Health of Animals Act, the CFIA may order the destruction of animals or things affected by a disease. Such an order, while unfortunate and difficult for all concerned, is often necessary to keep humans and other animals safe, and to keep export markets open. The CFIA is dedicated to working directly with affected producers so that the compensation process runs as smoothly as possible.

Regulatory cooperation efforts (domestic, international)

This initiative is an amendment to the CDAR for animal owners affected by a federally regulated disease such that their animal and things affected by a disease are ordered destroyed. Regulatory cooperation is not applicable in this context.

Public consultation opportunities

It is anticipated that these amendments will be published in the Canada Gazette, Part II in summer 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2024 to 2026 FRP.

Amendments to the Health of Animals Regulations (cross-border transport biosecurity protocol)

Description of the objective

The Health of Animals Regulations contain biosecurity requirements for the cleaning and disinfection of certain livestock and poultry conveyances prior to entry into Canada. Cleaning and disinfection of conveyances represent one way to prevent the introduction of foreign, new, and emerging animal diseases into Canada. Under the current regulations, most conveyances used to transport swine and poultry to the United States must be cleaned and disinfected prior to returning to Canada. The one exemption to this requirement is conveyances returning from delivering Canadian swine to federally-inspected slaughter establishments in the United States.

The proposed regulatory amendments would provide flexibility to industry by allowing specific vehicles which have transported Canadian swine to the United States, other than to slaughter establishments, to be cleaned and disinfected in Canada upon their return if they are registered in a CFIA-approved third-party program that controls biosecurity risks. The aim of the amendment is to continue to prevent incursions of disease while accommodating industry by allowing flexibility in how this is achieved.

These regulatory amendments are contingent on legislative amendments to the Health of Animals Act being sought, by which are required to provide the CFIA with the authority to approve a program administered by a third party for specified purposes, such as preventing the introduction or spread of a vector, disease, or toxic substance.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Health of Animals Act

Potential impacts on Canadians, including businesses

As the proposed amendments would provide businesses with the option to register in a CFIA-approved third-party program and have specific vehicles cleaned and disinfected in Canada rather than in the United States, direct or indirect costs or savings to businesses resulting from selecting the option would be considered voluntary. The "One-for-One" rule and the Small Business Lens would not apply. The CFIA is currently conducting analysis on the impact of the proposed changes.

Regulatory cooperation efforts (domestic, international)

While not part of a formal regulatory cooperation agenda, the CFIA has reached out to provincial and territorial partners to inform them of this regulatory proposal.

Public consultation opportunities

A Notice of Intent (NOI) to amend the Health of Animals Regulations was published on June 10, 2019. Positive feedback on the notice has been received from industry as well as from the Province of Manitoba.

This initiative is dependent on legislative amendments to the Health of Animals Act, which are being sought as part of Bill S-6 (An Act Respecting Regulatory Modernization). As a result, it is anticipated that these proposed amendments will be published in the Canada Gazette, Part II in fall 2024 once legislative amendments have been approved.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2017 to 2019 FRP.

Amendments to the Health of Animals Regulations, Part XV (livestock identification and traceability)

Description of the objective

Animal traceability is the ability to follow an animal through all stages of its life, with the objective of mitigating the impact from a disease outbreak or food safety issue. To support the ability to trace animals, requirements to identify bison, cattle, sheep and pigs, and to report the movement of pigs are already included under Part XV of the Health of Animals Regulations.

The objective of the proposed amendments is to enhance the traceability regulations to increase Canada's ability to prevent, prepare for, and respond to animal disease outbreaks or other emergencies. This would reduce impacts on the agriculture industry, reduce the resources required by both industry and government related to response activities, and help maintain access to international markets.

This regulatory proposal would amend Part XV of the Health of Animals Regulations to enhance livestock traceability by:

• adding goats and farmed cervids (such as deer and elk) to national traceability requirements. These species would need to be identified and their events (for example, movement, death) would need to be reported
• shortening the event reporting time requirement to 7 days (from 30 to 60 days), bringing alignment between all regulated species
• introducing the requirement for the identification of livestock premises through provincial premises ID programs
• introducing event reporting requirements for cattle, bison, sheep, goats and farmed cervids. This would align with pigs and farmed wild boars which are already subject to such requirements

In addition, proposed amendments would make the regulations more efficient and agile by:

• amending animal indicator requirements to improve the collection of information and allow for innovation and flexibility; and
• repealing certain record keeping requirements for regulated parties – under the proposed regulations, data would be reported and kept in central databases rather than in paper records

A traceability system contributes to food safety outcomes from a gate-to-plate perspective and would be compatible with livestock identification and movement reporting requirements adopted by provincial and territorial governments.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Health of Animals Act

Potential impacts on Canadians, including businesses

There would be business impacts. The affected stakeholders include the livestock industry, government, and Responsible Administrators (third parties). The "One-for-One" rule and the Small Business Lens would apply.

Positive impacts with respect to the domestic agriculture sector and international trade in the event of disease outbreaks are anticipated.

The CFIA is currently conducting analysis on the impact of the proposed changes.

Regulatory cooperation efforts (domestic, international)

Coordination with provincial and territorial governments has been undertaken to ensure regulatory consistency. Preliminary consultation with the United States Department of Agriculture has shown no trade issue with the proposed amendments. No concerns were raised by World Trade Organization (WTO) members during public consultation in 2023.

Public consultation opportunities

The proposed amendments were pre-published in the Canada Gazette, Part I on March 18, 2023. A public comment period of 90 days was available for Canadians, other interested parties, and the WTO to provide feedback on the regulatory proposal. A "What We Heard" report was published on the CFIA website on February 12, 2024.

The CFIA also conducted 2 prior rounds of public consultations: the first in 2013, and the second in 2015. Engagement with stakeholders continued until as recently as fall 2022. Engagement activities were targeted towards national and provincial industry associations (representing bison, cattle, sheep, goat, deer, elk and pork producers); associations representing auctions, assembly yards, abattoirs and rendering plants, fairs and exhibitions, veterinary services; and provincial/territorial governments.

It is anticipated that these amendments will be published as final in the Canada Gazette, Part II in winter 2025.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2015 to 2017 FRP.

Amendments to the Health of Animals Regulations (aligning Canada's regulations with international standards on pet food)

Description of the objective

The Health of Animals Regulations regulates importing pet food for non-commercial use. However, the CFIA has received comments from the public stating that the requirements are confusing and inconsistent.

Currently, the regulations allow individuals to feed their pet with pet food containing specified risk material, under certain conditions. However, the World Organisation for Animal Health (WOAH)'s international standard on specified risk material does not allow specified risk material in pet food under any circumstances.

Further to this, travellers arriving to Canada from the United States must have their pet present if they want to import pet food for non-commercial use without a zoosanitary certificate. This requirement acts as a barrier to the free movement of goods between the United States and Canada, and is not based on science.

These proposed amendments would align the HAR with the WOAH international standard for pet food, and allow travellers entering Canada from the United States to import pet food for non-commercial use without needing a zoosanitary certificate or to have their pet present.

• This initiative is associated with the Regulatory Stock Review Plan and the International Standards Regulatory Roadmap

Enabling act

Health of Animals Act

Potential impacts on Canadians, including businesses

There may be business impacts. The "One-for-One" rule and the Small Business Lens may apply. The CFIA is currently conducting analysis on the impact of the proposed changes.

Regulatory cooperation efforts (domestic, international)

These amendments would strengthen Canada's position with trading partners by aligning with international standards. They would also reduce trade barriers between the United States and Canada, as the United States does not require a pet to be present when a person imports personal amounts of pet food from Canada.

Public consultation opportunities

It is anticipated that these proposed amendments will be pre-published in the Canada Gazette, Part I in winter 2025. A public comment period will be available for Canadians and other interested parties to provide feedback on the regulatory proposal.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2022 to 2024 FRP.

Amendments to the Health of Animals Regulations (improving regulatory agility in international waste management)

Description of the objective

The current Health of Animals Regulations (HAR) prevent regulated parties in the air and shipping industries from leveraging alternative technologies for disposing of certain waste accumulated on vessels and aircraft in transit to Canada. Specifically, the regulations require these industries to incinerate, heat-treat and/or place in a landfill international aircraft garbage and certain ship waste containing or suspected of containing animal products and animal by-products. As a result, it is not possible to recycle or compost any of these materials.

This proposal would create flexibility in international waste disposal requirements by adding a more outcome-based approach that would allow industry to adopt a variety of technologies. Regulated parties would need to demonstrate, based on scientific evidence, the efficacy of the alternative technology in mitigating risks to Canada's animal health resource base in order to gain the requisite CFIA approval to use the technology. Waste that is treated with an approved technology could be diverted from landfills through other waste management methods, such as recycling or composting.

Amendments to the Health of Animals Act are needed first to obtain the required regulatory-making authorities. Regulatory changes can only occur after legislative amendments are made.

• This initiative is associated with the Regulatory Stock Review Plan and the Digitalization and Technology-Neutral Regulations Roadmap

Enabling act

Health of Animals Act

Potential impacts on Canadians, including businesses

There may be business impacts. The "One-for-One" rule and the Small Business Lens may apply. The CFIA is currently conducting analysis on the impact of the proposed changes.

Regulatory cooperation efforts (domestic, international)

These amendments would better align Canada with its major international trading partners, such as the United States, which already permits the use of approved alternative technologies for handling regulated garbage.

Public consultation opportunities

As a first step, the CFIA would look to pursue legislative amendments to the Health of Animals Act. Once the legislative authorities are in place, the CFIA would begin stakeholder engagement, and subsequently pre-publish regulatory amendments in the Canada Gazette, Part I. A public comment period would be available for Canadians and other interested parties to provide feedback on the regulatory proposal.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2022 to 2024 FRP.

Amendments to the Plant Breeders' Rights Regulations

Description of the objective

Plant Breeders' Rights (PBR) are a form of intellectual property rights by which plant breeders can protect their new varieties in the same way an inventor protects a new invention with a patent. The Plant Breeders' Rights framework is designed to encourage increased investment in plant breeding in Canada and foster greater accessibility to foreign seed varieties for farmers. Modernizing Canada's plant variety intellectual property regime is a key element in growing and diversifying Canada's trade of agricultural commodities, both domestically and for export markets internationally.

The proposed amendments to the Plant Breeders' Rights Regulations would improve accessibility to the intellectual property framework and encourage greater investment and innovation in Canada's agriculture, horticulture, and ornamental sectors. Specifically, amendments would:

• strengthen investment and research in the breeding of hybrid plant varieties, and strengthen domestic breeding and attract new foreign breed plant vegetable, fruit crop, and ornamental varieties, by clarifying that these varieties and crop types should not be subject to the exemption known as the "farmer's privilege"
• extend the duration of intellectual property protection from 20 to 25 years for potatoes, asparagus, and woody plants species as they require a longer period of time to breed and gain market adoption
• adjust the current fee structure to incentivize the use of an international PBR filing system known as UPOV PRISMA
• exclude the concept of advertisement in the assessment of novelty for filing an application

This regulatory initiative would move forward following the outcome of discussions with the Plant Breeders' Rights Advisory Committee and consultations with the stakeholder community.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Plant Breeders' Rights Act

Potential impacts on Canadians, including businesses

There may be business impacts. The "One-for-One" rule and the Small Business Lens may apply. The CFIA is currently conducting analysis on the impact of the proposed changes.

Regulatory cooperation efforts (domestic, international)

While not part of a formal regulatory cooperation agenda, the CFIA has reached out to provincial and territorial partners to inform them of this regulatory proposal.

Public consultation opportunities

It is anticipated that these proposed amendments will be pre-published in the Canada Gazette, Part I in fall 2024. A public comment period will be available for Canadians and other interested parties to provide feedback on the regulatory proposal.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2017 to 2019 FRP.

Amendments to the Plant Protection Regulations (updating regulatory measures and tools for plant pests)

Description of the objective

The amendments to the Plant Protection Regulations (PPR) would improve regulatory agility and support the CFIA's ability to quickly respond to the latest plant pest health risks. Specifically, this proposal would seek to incorporate by reference (IBR) plant movement prohibitions and restrictions (currently in Schedules I and II of the PPR) into a new document entitled "Movement prohibitions and restrictions in Canada under the Plant Protection Act". This would allow domestic movement prohibitions and restrictions to be maintained and updated in a transparent, timely, and efficient manner, consistent with the CFIA's IBR Policy. The movement restrictions and prohibitions in the new IBR document would also be updated to reflect the latest science.

Additionally, to reduce administrative burden, the proposed amendments would remove the automatic requirement to provide hard-copies of documents that were submitted to the CFIA electronically.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Plant Protection Act

Potential impacts on Canadians, including businesses

The CFIA is currently conducting analysis on the impact of the proposed changes, however it is anticipated that the business impacts would be positive as a result of the regulatory amendments.

Regulatory cooperation efforts (domestic, international)

The amendments would facilitate the alignment of Canada's domestic plant protection movement prohibitions and restrictions with international standards.

Public consultation opportunities

In early 2023, the CFIA consulted Canadians about the proposed incorporation by reference of Schedules I and II. The stakeholder comments received were supportive of this approach, in particular because of the greater responsiveness it will afford to address plant pests in Canada.

It is anticipated that these proposed amendments will be published in the Canada Gazette, Part II in fall 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2022 to 2024 FRP.

Amendments to the Safe Food for Canadians Regulations (City of Lloydminster)

Description of the objective

The city of Lloydminster is unique in that it is situated in both Saskatchewan (SK) and Alberta (AB). Currently, SK and AB food businesses in Lloydminster that prepare food for trade into the part of Lloydminster in the other province are subject to the interprovincial trade provisions of the Safe Food for Canadians Regulations (SFCR).

To address the unique context of the city of Lloydminster, the CFIA is seeking a regulatory amendment to the Safe Food for Canadians Regulations (SFCR) that would exempt AB and SK businesses and food commodities from the interprovincial trade requirements when food is prepared and traded into or within the city of Lloydminster.
This would allow SK and AB food businesses to prepare food and trade food into or within the city of Lloydminster, including the part of the city that is not within their province, without having to hold a Safe Food for Canadians licence, or meet other interprovincial trade requirements such as preventive controls, traceability, packaging, and federal compositional standards. SK and AB food businesses importing food, or preparing food for export or interprovincial trade outside of Lloydminster, would continue to be subject to all the applicable trade requirements.

The proposed amendment would enable AB and SK businesses to prepare and trade food into or within Lloydminster as if the city was not split by a provincial border. This would place Lloydminster on the same footing as any other city in AB or SK.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Safe Food for Canadians Act

Potential impacts on Canadians, including businesses

The proposed regulatory amendment would benefit AB and SK food businesses by providing access to the entire local market in Lloydminster without having to incur the costs associated with the interprovincial requirements of the SFCR. It would ease the movement of food across the border within Lloydminster and expand markets within the city.

By making it easier to do business in both parts of Lloydminster, the amendment would reduce the administrative burden on local businesses, and would facilitate local trade, economic growth, and competitiveness within Lloydminster.

Regulatory cooperation efforts (domestic, international)

The proposed regulatory amendment would not impact international trade. Under the proposed amendment, there would be no changes to the requirements for food being exported or imported. Food businesses preparing food for export or interprovincial trade outside of Lloydminster would still be subject to all the applicable trade requirements, including licensing and related requirements.

The amendment would support the Government of Canada's commitment to work with provincial, territorial, and industry partners to find solutions to internal trade challenges, as well as specific commitments made by federal-provincial-territorial Ministers of Agriculture to work together to address the unique situation in Lloydminster.

Public consultation opportunities

A notice of intent (Notice of intent: Amendment to the Safe Food for Canadians Regulations) was published in January 2023 signalling the planned regulatory amendments.

The proposed amendment was pre-published in the Canada Gazette, Part I on February 10, 2024. A public comment period of 45 days began on that day for Canadians and other interested parties to provide feedback on the regulatory proposal.

It is anticipated that these amendments will be published as final in the Canada Gazette, Part II in fall 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2023 to 2025 FRP.

Amendments to the Seeds Regulations (seed modernization)

Description of the objective

These proposed amendments would modernize the Seeds Regulations as they apply to seeds that are imported, conditioned, stored, tested, labelled, exported and sold in Canada. The proposed amendments would reduce overlap and redundancy; increase responsiveness to industry changes; address gaps, weaknesses and inconsistencies; and provide clarity and flexibility to affected regulated parties.

The Seeds Regulations regulate seeds and seed potatoes in Canada that are sold, imported, or exported, as well as seeds released into the environment. Seeds and seed potatoes must meet established standards for quality and be labelled so that they are properly represented in the marketplace. Varieties of most major agricultural field crops must be registered prior to import or sale of seed.

• This initiative is associated with the Regulatory Stock Review Plan and the Agri-food and Aquaculture Regulatory Roadmap

Enabling act

Seeds Act

Potential impacts on Canadians, including businesses

There may be business impacts. The "One-for-One" rule and the Small Business Lens may apply. The CFIA is currently conducting analysis on the impact of the proposed changes.

Regulatory cooperation efforts (domestic, international)

While not part of a formal regulatory cooperation agenda, the CFIA will reach out to provincial, territorial and international trading partners to inform the development of this regulatory proposal.

Public consultation opportunities

It is anticipated that these proposed amendments will be pre-published in the Canada Gazette, Part I in winter 2026. A public comment period will be available for Canadians and other interested parties to provide feedback on the regulatory proposal.

The CFIA has been consulting a broad range of stakeholders representing the full value chain regarding any proposed amendments. Consultations on proposed amendments are including the role of government and industry in terms of public-private partnerships for functions such as variety registration, seed standards and seed certifications.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2017 to 2019 update.

Miscellaneous amendment regulations amending the Health of Animals Regulations, the Plant Protection Regulations, and the Seeds Regulations – Standing Joint Committee for the Scrutiny of Regulations

Description of the objective

These amendments would address outstanding concerns from the Standing Joint Committee for the Scrutiny of Regulations respecting regulations pursuant to the Plant Protection Act, the Health of Animals Act and the Seeds Act. The most common issues identified by the Standing Joint Committee for the Scrutiny of Regulations include misalignment between the English and French versions of the regulatory texts, lack of clarity in certain regulatory provisions, and inconsistent use of terminology. Additional miscellaneous amendments to the Health of Animals Regulations are also included in this proposal.

• This initiative is associated with the Regulatory Stock Review Plan

Enabling act

Plant Protection Act, Health of Animals Act, Seeds Act and Safe Food for Canadians Act

Potential impacts on Canadians, including businesses

There are no business impacts or direct costs expected as a result of the proposed regulatory amendment.

Regulatory cooperation efforts (domestic, international)

This proposal addresses concerns from the Standing Joint Committee for the Scrutiny of Regulations and corrects discrepancies noted in various regulations; regulatory cooperation is not applicable in this context.

Public consultation opportunities

It is anticipated that these amendments will be published in the Canada Gazette, Part II in fall 2024.

Departmental contact

cfia.legislation-legislation.acia@inspection.gc.ca

Date the regulatory initiative was first included in the FRP

This initiative was first included in the 2016 to 2018 FRP.