Regulations Amending Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program): SOR/2025-47

Canada Gazette, Part II, Volume 159, Number 6

Registration
SOR/2025-47 February 26, 2025

FEEDS ACT
SEEDS ACT
HEALTH OF ANIMALS ACT
PLANT PROTECTION ACT

P.C. 2025-172 February 25, 2025

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

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

Feeds Act

Feeds Regulations, 2024

1 The definition complete feed in subsection 1(1) of the Feeds Regulations, 2024 footnote 1 is replaced by the following:

complete feed
means a mixed feed that, when used for the species and class of livestock stated on the label, provides all the nutrients necessary for the maintenance of life or for promoting production, except water and, in the case of ruminants and horses, roughage. (aliment complet)

2 (1) Subparagraph 45(1)(h)(iii) of the Regulations is replaced by the following:

(2) Subparagraph 45(2)(c)(iii) of the Regulations is replaced by the following:

3 Subsection 51(2) of the Regulations is replaced by the following:

Species and class

(2) A mixed feed must have as part of its name each species and class of livestock for which it is intended, unless the feed is formulated for all species or classes of livestock, in which case it may have as part of its name the word “livestock” or the words “animaux de ferme”.

4 Subsection 64(2) of the Regulations is replaced by the following:

Customer formula feed or custom medicated feed

(2) If the feed is a customer formula feed or custom medicated feed, the person who manufactures that feed must

Seeds Act

Seeds Regulations

5 (1) The definition certificate number in section 45 of the Seeds Regulations footnote 2 is replaced by the following:

certificate number
means the number that appears on a crop certificate to identify a crop and that appears on a seed potato tag, a record of bulk movement, a certificate issued under subsection 47.11(4), a permit issued under subsection 57(2) or a certificate of authorization issued under subsection 61(2) to identify the tubers produced by that crop; (numéro de certificat)

(2) Paragraph (b) of the definition non-certified potatoes in section 45 of the Regulations is replaced by the following:

6 Subsections 48(2) to (5) of the Regulations are replaced by the following:

(2) For the purposes of subsection (1), the minimum size specified shall not be less than 30 mm and the maximum size specified shall not be greater than 70 mm for long type varieties or 80 mm for round type varieties.

(3) Subsection (2) does not apply to graded seed potatoes that are sold under an agreement that states the quantity of graded seed potatoes to be purchased and in which the grower or supplier and the purchaser have agreed to a different minimum and maximum size than the ones set out in that subsection.

(4) Any quantity of seed potatoes, whether supplied in containers or in bulk, shall be sorted and graded by the grower or supplier and at least 95% of the tubers by weight shall fall within the minimum and maximum sizes referred to in subsection (2) or (3), as applicable.

(5) This section does not apply to Nuclear Stock seed potatoes or Breeder’s Selection seed potatoes.

7 (1) Subsection 61(1) of the Regulations is replaced by the following:

61 (1) A person who ships Breeder’s Selection seed potatoes or seed potatoes of a non-registered variety between farm units within Canada shall include with the shipment a copy of the certificate of authorization that is issued by the President under subsection (2) and that identifies the seed potatoes.

(2) The portion of subsection 61(2) of the Regulations before paragraph (a) is replaced by the following:

(2) The President shall issue a certificate of authorization if

(3) Paragraphs 61(2)(c) to (e) of the Regulations are replaced by the following:

Health of Animals Act

Health of Animals Regulations

8 The heading before section 2 of the French version of the Health of Animals Regulations footnote 3 is replaced by the following:

Définitions et interprétation

9 (1) The portion of section 2 of the French version of the Regulations before the first definition is replaced by the following:

2 Les définitions qui suivent s’appliquent au présent règlement.

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

serious epizootic disease
means a disease designated by the Minister under section 2.2; (épizootie grave)

10 The Regulations are amended by adding the following after section 2.1:

Designation

2.2 (1) In order to prevent the introduction of any vector, disease or toxic substance into Canada or into another country from Canada, the Minister may, by notice, designate a disease as a serious epizootic disease for the purposes of any provision of these Regulations, including any provision related to importation, exportation or possession of animals or things.

(2) The Minister may designate the disease if

11 Paragraph 6.23(2)(e) of the French version of the Regulations is replaced by the following:

12 (1) Subsection 6.4(1) of the French version of the Regulations is replaced by the following:

6.4 (1) Sauf en conformité avec un permis ou une licence délivré au titre de l’article 160, il est interdit de recevoir, d’enlever d’un lieu, d’utiliser, de transporter hors d’un lieu, de traiter, d’entreposer, d’exporter, de vendre, de distribuer, de confiner ou de détruire du matériel à risque spécifié, sous quelque forme que ce soit, incorporé ou non à une autre matière, si le matériel a été retiré d’un bœuf abattu au Canada ou s’il a été retiré ou fait partie de la carcasse d’un bœuf mort ou condamné avant d’avoir pu être abattu pour la consommation alimentaire humaine.

(2) Subsection 6.4(6) of the French version of the Regulations is replaced by the following:

(6) Le ministre ne délivre pas de permis pour les activités visées au paragraphe (1) si le matériel à risque spécifié est reçu, enlevé du lieu où il se trouve, utilisé, transporté, traîté, entreposé, exporté, vendu ou distribué — sous quelque forme que ce soit et qu’il soit incorporé ou non à une autre matière — pour la consommation alimentaire humaine.

13 Paragraph 12(2)(b) of the Regulations is replaced by the following:

14 Paragraph 43(a) of the French version of the Regulations is replaced by the following:

15 (1) Paragraph 45(1)(b) of the French version of the Regulations is replaced by the following:

(2) Subsection 45(2) of the French version of the Regulations are replaced by the following:

(2) L’établissement visé à l’alinéa (1)b) doit transformer la carnasse de manière à prévenir l’introduction de toute maladie déclarable, de toute maladie mentionnée à l’annexe VII et de toute épizootie grave que l’espèce de laquelle elle provient est susceptible de contracter et qui peut être transmise par elle.

(3) Subsection 45(3) of the Regulations are replaced by the following:

(3) A person who imports gluestock into Canada shall not transport it or cause it to be transported to any place other than an establishment referred to in paragraph (1)(b) until it has been processed in accordance with subsection (2).

16 (1) Subsections 69(1) and (1.1) of the Regulations are replaced by the following:

69 (1) Subject to this Part, no person shall export animal germplasm, livestock or poultry unless the person has

(1.1) Paragraph (1)(b) does not apply in respect of animal germplasm, livestock or poultry destined for export to the United States if certification is not requested by the United States.

(2) Subsection 69(3) of the Regulations is replaced by the following:

(3) No person shall export animal germplasm, livestock or poultry unless the certificate referred to in paragraph (1)(b) bears the mark of the official export stamp referred to in subsection (4).

(3) Subsections 69(6) and (7) of the Regulations are replaced by the following:

(6) For the purpose of this section, animal germplasm

(7) Paragraph (1)(b) and subsection (3) do not apply to a regulated animal, other than a porcine, if it is transported directly between Rainy River, Ontario and Sprague, Manitoba via the state of Minnesota by means of a conveyance that has had all exits by which the animal could leave the conveyance sealed by an official of the Government of Canada or of the Government of the United States.

17 The portion of section 69.1 of the Regulations before paragraph (a) is replaced by the following:

69.1 (1) Despite paragraph 69(1)(b) and subsection 69(3) and subject to subsection (2), a person may export a regulated animal, as defined in section 10, to the United States for the purpose of re-entering Canada without meeting the requirements of Part XV if the President of the Canadian Food Inspection Agency determines that

18 Subsection 70(1) of the Regulations is replaced by the following:

70 (1) Subject to this Part, no person shall export out of Canada any of the following products unless the person meets the requirements of subsection (1.1):

(1.1) A person may export out of Canada a product referred to in subsection (1) if the person has

19 Subsection 121(1) of the Regulations is replaced by the following:

121 (1) No person shall import a veterinary biologic into Canada unless the person does so under and in accordance with a permit issued by the Minister.

20 Sections 123 and 124 of the Regulations are replaced by the following:

123 No person shall prepare, manufacture, preserve, pack, label or test a veterinary biologic for use in Canada or for export unless the person does so under and in accordance with an establishment licence issued by the Minister.

124 No person shall manufacture a veterinary biologic for use in Canada or for export unless the person does so under and in accordance with a product licence issued by the Minister.

21 Section 130 of the Regulations is replaced by the following:

130 No person shall sell for use in Canada or for export a veterinary biologic or any diluent to be used with it if the veterinary biologic or diluent has been prepared, manufactured, preserved, packed, labelled or tested otherwise than in the manner described in the product outline.

22 Section 130.1 of the French version of the Regulations is replaced by the following:

130.1 Tout produit biologique vétérinaire importé, vendu, annoncé ou mis en vente au Canada est entreposé à une température variant de 2 °C à 7 °C, à moins d’indication contraire dans les données générales sur le produit ou sur l’étiquette du produit.

23 The definition bred in subsection 172(1) of the Regulations is replaced by the following:

bred,
in respect of an animal, means that the animal has been mated either naturally or artificially or has provided semen, ova or embryos for reproduction. (sailli)

24 (1) Subsections 175.01(5) and (6) of the Regulations are replaced by the following:

(5) If a pig is transported directly from any site to any other site that is an abattoir or that is used for the purpose of collecting pigs for transport to an abattoir, every person who owns or has the possession, care or control of the pig at the departure site shall ensure that it is identified by an approved tag or approved slap tattoo before it is moved from that site.

(6) Despite subsection (5), the operator of a site that is used for the purpose of collecting pigs for transport to an abattoir shall apply an approved tag to any pig bearing only an approved slap tattoo that remains at the collection site for longer than 96 hours or that is sent anywhere other than to an abattoir.

(2) Subsection 175.01(7) of the English version of the Regulations is replaced by the following:

(7) Every person who exports a pig shall ensure that, before its export, it has applied to it an indicator approved by the importing country and bearing an identification number issued by the responsible administrator under paragraph 174(2)(b).

25 Subsection 178(2) of the Regulations is replaced by the following:

(2) No person shall apply, or cause the application of, an approved tag issued to an importer under subsection 174(3) to an animal that has not been imported by the importer.

26 Subsection 183(3) of the Regulations is replaced by the following:

(3) If the manager of a tagging site has declared in a written application that the equipment and infrastructure at the site are adequate to enable the application of an approved tag to a bison or bovine without endangering its safety or the safety of the personnel at the site, the responsible administrator shall approve the site and include the name and address of the site on its list of approved tagging sites.

27 (1) Subsection 184(2) of the Regulations is replaced by the following:

(2) Subject to subsection (3), an animal that loses its approved tag while being transported may continue to be transported until it reaches the next site where it will be unloaded, and it may be received at that site only if a new approved tag is applied to the animal without delay after it is received at that site.

(2) The portion of subsection 184(3) of the Regulations before paragraph (a) is replaced by the following:

(3) An animal that is received at an abattoir without an approved tag or approved slap tattoo does not have to have a new approved tag applied to it if

28 Subsections 186(2) and (3) of the Regulations are replaced by the following:

(2) The operator of an abattoir where an animal bearing an approved tag or approved slap tattoo is slaughtered shall maintain the ability to identify the animal’s carcass in the abattoir until the carcass is approved for human consumption or is condemned.

(3) If an animal bearing an approved tag or an approved tag that has been revoked is slaughtered or otherwise dies at a site other than an abattoir, the operator of the site shall keep a record of the date of slaughter or death of the animal and the identification number on its tag.

29 Paragraph 188(2)(d) of the Regulations is replaced by the following:

30 Subsection 189(5) of the Regulations is replaced by the following:

(5) For the purposes of subsections 175(3) and 185(3) and sections 175.01, 175.1, 176 to 177.1, 179 to 181, and 186 to 189, if an imported animal bears an indicator of a foreign country and the Minister determines that the indicator meets the criteria set out in subsection 173(2) and that the identification number on the indicator can be entered and tracked in the responsible administrator’s database, the indicator is deemed to be an approved tag that was issued and applied to the animal in accordance with this Part.

31 Schedule VII to the Regulations is amended by replacing the reference after the heading "SCHEDULE VII" with the following:

(Section 2, paragraphs 2.2(2)(b) and 41(1)(b) and (c), subsections 41.1(1), 42.1(2) and 45(2), section 46, paragraphs 50(b) and 51.2(1)(b) and (c), subparagraph 53(1)(a)(ii), subsections 53(2) and 91.2(1) and section 201)

Plant Protection Act

Plant Protection Regulations

32 (1) The portion of section 44 of the Plant Protection Regulations footnote 4 before paragraph (a) is replaced by the following:

44 The Minister or an inspector may prohibit the importation into Canada or the territorial sea of Canada, within the meaning of section 4 of the Oceans Act, of any conveyance or other thing, if the Minister or inspector has reasonable grounds to believe that the conveyance or other thing

(2) Paragraph 44(c) of the Regulations is replaced by the following:

Coming into Force

33 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 on the Scrutiny of Regulations (SJCSR) has identified several administrative and technical issues with regulations administered by the Canadian Food Inspection Agency (CFIA) and has recommended that the regulations be amended to address these issues. The CFIA has also identified other technical issues in its regulations through routine application and analysis. The CFIA is addressing these non-substantive issues through these Miscellaneous Amendments Regulations, which amend the Health of Animals Regulations, the Plant Protection Regulations, the Seeds Regulations, and the Feeds Regulations, 2024.

Objective

The amendments have the following objectives:

  1. to correct discrepancies between the French and English versions;
  2. to add clarity to regulatory provisions;
  3. to harmonize terms used in the regulations;
  4. to harmonize terms used in the regulations with those used in the enabling statute;
  5. to correct references to section numbering; and
  6. to correct grammatical errors.

Description and rationale

1. Correcting discrepancies between the French and English versions

Health of Animals Regulations (HAR)

Feeds Regulations, 2024

2. Adding clarity to regulatory provisions

Health of Animals Regulations

Feeds Regulations, 2024

3. Harmonizing terms used in the regulations

Health of Animals Regulations

Feeds Regulations, 2024

4. Harmonizing terms used in the regulations with those used in the enabling statute

Plant Protection Regulations (PPR)

Seeds Regulations

5. Correcting references to section numbering

Health of Animals Regulations

Seeds Regulations

6. Correcting grammatical errors

One-for-one rule and small business lens

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

Analysis under the small business lens determined that the proposal will not impact small businesses in Canada.

Contact

Lindsay Wild
Director
Regulatory, Legislative and Economic Affairs Division
Canadian Food Inspection Agency
Email: lindsay.wild@inspection.gc.ca