Vol. 151, No. 11 — May 31, 2017

Registration
SOR/2017-94 May 19, 2017

SEEDS ACT
PLANT BREEDERS’ RIGHTS ACT
HEALTH OF ANIMALS ACT
PLANT PROTECTION ACT

Regulations Amending and Repealing Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program)

P.C. 2017-549 May 19, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, makes the annexed Regulations Amending and Repealing Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program), pursuant to

Regulations Amending and Repealing Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program)

Seeds Act

Seeds Regulations

1 The definition pommes de terre de semence Choix du sélectionneur in section 45 of the French version of the Seeds Regulations (see footnote 1) is replaced by the following:

pommes de terre de semence Choix du sélectionneur Pommes de terre de semence qui proviennent directement d’une semence véritable ou de tubercules sélectionnés et qui sont cultivées afin d’évaluer le potentiel de la variété pour une éventuelle utilisation commerciale. (Breeder’s Selection seed potatoes)

2 Subsection 47.11(4) of the Regulations is replaced by the following:

(4) A person who sells or transfers Nuclear Stock seed potatoes shall identify those seed potatoes with a seed potato tag or a certificate provided by an inspector that indicates that the seed potatoes are Nuclear Stock seed potatoes.

3 The portion of item 4 of the table to subsection 47.2(3) of the French version of the Regulations in column 1 is replaced by the following:

Article

Colonne 1

Maladies et mélange de variétés

4

Total — jambe noire et flétrissements

4 The portion of item 4 of the table to subsection 47.3(3) of the French version of the Regulations in column 1 is replaced by the following:

Article

Colonne 1

Maladies et mélange de variétés

4

Total — jambe noire et flétrissements

5 The portion of item 4 of the table to subsection 47.4(3) of the French version of the Regulations in column 1 is replaced by the following:

Article

Colonne 1

Maladies et mélange de variétés

4

Total — jambe noire et flétrissements

6 The portion of item 4 of the table to subsection 47.5(3) of the French version of the Regulations in column 1 is replaced by the following:

Article

Colonne 1

Maladies et mélange de variétés

4

Total — jambe noire et flétrissements

7 The portion of item 4 of the table to subsection 47.6(3) of the French version of the Regulations in column 1 is replaced by the following:

Article

Colonne 1

Maladies et mélange de variétés

4

Total — jambe noire et flétrissements

8 The portion of item 4 of the table to subsection 47.7(3) of the French version of the Regulations in column 1 is replaced by the following:

Article

Colonne 1

Maladies et mélange de variétés

4

Total — jambe noire et flétrissements

9 The portion of item 4 of the table to subsection 47.8(3) of the French version of the Regulations in column 1 is replaced by the following:

Article

Colonne 1

Maladies et mélange de variétés

4

Total — jambe noire et flétrissements

10 Paragraph 49(1)(d) of the French version of the Regulations is replaced by the following:

11 Subsection 60.1(1) of the French version of the Regulations is replaced by the following:

60.1 (1) L’inspecteur peut en tout temps réinspecter les pommes de terre de semence et doit retenir celles qui n’ont pas été classées conformément à l’article 48 ou qui ne satisfont pas aux normes énoncées aux paragraphes 48.1(2) à (10).

Plant Breeders’ Rights Act

Plant Breeders’ Rights Regulations

12 Section 4 of the Plant Breeders’ Rights Regulations (see footnote 2) and the heading before it are repealed.

Health of Animals Act

Health of Animals Regulations

13 Subsection 49(2) of the Health of Animals Regulations (see footnote 3) is replaced by the following:

(2) The number of carcasses that a person may import into Canada shall be the number indicated on the hunting permit described in paragraph (1)(b).

14 Paragraph 160(2)(b) of the Regulations is replaced by the following:

Plant Protection Act

Plant Protection Regulations

15 Sections 8 and 9 of the Plant Protection Regulations (see footnote 4) are repealed.

16 Subsection 16(1) of the Regulations is replaced by the following:

16 (1) An inspector may conduct an investigation or survey of a place or any thing in that place in order to detect pests or biological obstacles to the control of pests and to identify areas in which a pest or biological obstacle to the control of a pest is or could be found.

17 The heading before section 20 and sections 20 and 21 of the Regulations are replaced by the following:

Prohibiting or Restricting the Use of a Place

20 (1) Where an inspector has reasonable grounds to believe that a place is infested, the inspector may prohibit or restrict the use of the place.

(2) A prohibition or restriction under subsection (1) shall be communicated by sending or personally delivering a written notice to the occupier or owner of the place or, where the inspector cannot, after the exercise of due diligence, find the occupier or owner, by posting the notice at the place in question.

(3) A prohibition or restriction under subsection (1) takes effect immediately on the communication or posting of the notice and continues during the period specified in the notice or, where no period is specified, indefinitely.

Prohibiting or Restricting Activities

21 (1) Where an inspector has reasonable grounds to believe that a thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, the inspector may, in writing, for the purpose of detecting, eradicating or preventing the spread of the pest or biological obstacle,

(2) A prohibition or restriction referred to in subsection (1) shall be communicated by sending or personally delivering a written notice to the owner or person having the possession, care or control of the thing or, where an inspector cannot, after the exercise of due diligence, find the owner or that other person, by posting the notice on the thing.

(3) A prohibition or restriction under subsection (1) takes effect immediately on the communication or posting of the notice and continues during the period specified in the notice or, where no period is specified, indefinitely.

18 Subsection 26(2) of the Regulations is repealed.

19 Subsection 46(3) of the Regulations is repealed.

20 Paragraphs 58(3)(a) and (b) of the French version of the Regulations are replaced by the following:

21 The portion of section 59 of the Regulations before paragraph (a) is replaced by the following:

59 If before, during or after the loading or unloading of grain or a grain product aboard or from a conveyance, an inspector believes on reasonable grounds that the conveyance, grain or grain product is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or the person having the possession, care or control of the conveyance

22 Paragraph 59(a) and (b) of the French version of the Regulations are replaced by the following:

23 Section 60 of the Regulations is replaced by the following:

60 Where the Minister or an inspector believes on reasonable grounds that a conveyance or a facility used for any activity undertaken in respect of any thing that requires a Canadian Phytosanitary Certificate, a Canadian Phytosanitary Certificate for Re-export or any other phytosanitary document is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the conveyance or facility

Phytophthora Ramorum Compensation Regulations

24 The Phytophthora Ramorum Compensation Regulations (see footnote 5) are repealed.

Coming into Force

25 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified a number of technical issues with the Plant Breeders’ Rights Regulations, the Plant Protection Regulations, the Phytophthora Ramorum Compensation Regulations, the Seeds Regulations and the Health of Animals Regulations and has recommended that these regulations be amended to address these issues.

Furthermore, as a result of amendments made to the Plant Protection Act and the Plant Breeders’ Rights Act by the Agricultural Growth Act, similar technical amendments must be made to the Plant Protection Regulations and the Plant Breeders’ Rights Regulations so that their wording and authority is consistent with that of the enabling legislation.

Finally, through the implementation and enforcement of the Seeds Regulations, the Canadian Food Inspection Agency’s (CFIA) operational staff has noted discrepancies between the English and French text of some provisions. These discrepancies could result in a different interpretation and application of a single provision if read in one language as opposed to the other. As a result, minor amendments are required to align the English and French text.

Objectives

The amendments have the following objectives:

Description

Amendments to the Plant Breeders’ Rights Regulations:

Amendments to the Plant Protection Regulations:

Repeal of the Phytophthora Ramorum Compensation Regulations:

Amendments to the Seeds Regulations:

Amendments to the Health of Animals Regulations:

“One-for-One” Rule

The “One-for-One” Rule will apply to the proposal because there will be one regulatory title repealed (the Phytophthora Ramorum Compensation Regulations). However, there will be no change in administrative burden for business because those Regulations are spent and no longer in effect.

Small business lens

The small business lens does not apply to these amendments, as there are no costs to small business.

Rationale

The amendments are in response to the SJCSR review of the regulations, as well as recent amendments to various acts which require amendments to harmonize regulations with the enabling legislation, and to respond to issues identified by CFIA staff through their implementation and enforcement of the regulations.

The decision to repeal the Phytophthora Ramorum Compensation Regulations is supported by an increase in scientific and technical knowledge since the first occurrence of the pathogen in Canada in the early 2000s. This knowledge indicates that the impact of this pest can be dramatically reduced by following good agricultural practices at the nursery level. Industry has also supported this approach. Furthermore, applications for compensation under these Regulations were due no later than December 31, 2012.

The amendments being made as a part of this package help to correct or improve the regulatory base, and do not impose any costs on the government or stakeholders.

Contact

Tracey Boyd-Brown
Regulatory, Legislative and Economic Affairs Division
Canadian Food Inspection Agency
1400 Merivale Road
Ottawa, Ontario
K1A 0Y9
Telephone: 613-773-5521
Fax: 613-773-5692
Email: legislation@inspection.gc.ca