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
- (a) subsection 5(1)footnote a of the Feeds Act footnote b;
- (b) section 4footnote c of the Seeds Act footnote d;
- (c) subsections 64(1)footnote e and (1.1)footnote f of the Health of Animals Act footnote g; and
- (d) section 47footnote h of the Plant Protection Act footnote i.
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:
- (iii) any warning statement applicable to the product type and, in the case of a feed that contains more than one product type with a warning statement that contains a withdrawal time, the warning statement containing the longest withdrawal time, immediately after the headings “Warning” and “Mise en garde” and clearly separated from other information shown on the label,
(2) Subparagraph 45(2)(c)(iii) of the Regulations is replaced by the following:
- (iii) any warning statement applicable to the medicating ingredient and, in the case of a feed that contains more than one medicating ingredient with a warning statement that contains a withdrawal time, the warning statement containing the longest withdrawal time, immediately after the headings “Warning” and “Mise en garde” and clearly separated from other information shown on the label,
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
- (a) have in their possession during the manufacture of that feed, a copy of the mix formula and a copy of either the written order that is signed by the purchaser or of the veterinary prescription under which the feed is manufactured; and
- (b) keep the copy of the mix formula and either the written order or the prescription for a period of two years after the last day of manufacture of that feed.
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:
- (b) seed potatoes that have been transported without seed potato tags, 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); (pommes de terre non certifiées)
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:
- (c) the requirements set out in sections 48 and 48.1 have been met in relation to the seed potatoes; and
- (d) a crop certificate has been issued for the seed potatoes.
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
- (a) the disease is not listed as a reportable disease in the schedule to the Reportable Diseases Regulations;
- (b) the disease is not listed as an immediately notifiable disease in Schedule VII to these Regulations; and
- (c) the disease may have a serious impact on human or animal health.
11 Paragraph 6.23(2)(e) of the French version of the Regulations is replaced by the following:
- e) si la personne a traité, détruit ou confiné du matériel à risque spécifié ou des carcasses, la date du traitement, de la destruction ou du confinement ainsi que la méthode utilisée;
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:
- (b) verifies that a veterinarian inspected the animal within five days before it was exported to Canada and found it to be clinically healthy and fit to travel without unnecessary suffering.
14 Paragraph 43(a) of the French version of the Regulations is replaced by the following:
- a) le bœuf a été transformé à un endroit et d’une façon approuvés par le ministre;
15 (1) Paragraph 45(1)(b) of the French version of the Regulations is replaced by the following:
- b) l’importateur transporte la carnasse directement du point d’entrée à un établissement approuvé par le ministre afin de la transformer conformément au paragraphe (2).
(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
- (a) provided to a veterinary inspector or accredited veterinarian evidence that the animal germplasm, livestock or poultry meets the sanitary requirements of the importing country;
- (b) obtained a certificate issued by a veterinary inspector — or an accredited veterinarian , endorsed by a veterinary inspector — that identifies the animal germplasm, livestock or poultry and sets out the following information
- (i) a statement that a veterinary inspector or accredited veterinarian has inspected the animal germplasm, livestock or poultry and found it to be free from any communicable diseases, and that the animal germplasm, livestock or poultry meets the sanitary requirements of the importing country,
- (ii) the date and place of inspection, and
- (iii) if tests are required prior to export, a statement that they were performed, and that the results of the tests on the animal germplasm, livestock or poultry meet the testing requirements of the importing country; and
- (c) provided to a veterinary inspector any requested information or documentation that demonstrates how the person intends to meet the requirements of Parts XII and XV respecting the health, protection and transport of animal germplasm, livestock or poultry, as applicable.
(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
- (a) with respect to livestock, means semen, male or female germ cells or genetic material taken from a male or female germ cell and includes embryos;
- (b) with respect to poultry, means hatching eggs and semen; and
- (c) with respect to bees, means semen.
(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):
- (a) a substance from a rendering plant;
- (b) a fertilizer that contains a substance from a rendering plant;
- (c) a fertilizer supplement that contains a substance from a rendering plant;
- (d) an animal food that contains a substance from a rendering plant.
(1.1) A person may export out of Canada a product referred to in subsection (1) if the person has
- (a) provided to an inspector or veterinary inspector evidence that the product meets the importing country’s sanitary requirements with respect to the importation of the product;
- (b) obtained a certificate issued by an inspector or veterinary inspector that identifies the product and sets out the following information
- (i) a statement that the product meets the importing country’s sanitary requirements with respect to the importation of the product, and
- (ii) if tests are required prior to export, a statement that they were performed, and that the results of the tests on the products meet the testing requirements of the importing country; and
- (c) confirmed that the results of any tests that have been carried out confirm that the product meets the requirements of the relevant sections of the Act and these Regulations.
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:
- (d) except in the case of cull breeding pigs that are exported for immediate slaughter from a site that is used for the purpose of collecting pigs for transport to an abattoir, the identification numbers on the indicators approved by the importing country that have been applied to the pigs and that identify the last sites at which they were kept before they were exported and the number of pigs bearing each of those identification numbers; and
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:
- (c) would, when imported into Canada, be in contravention of a provision of the Act or any regulation or order made under it.
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:
- to correct discrepancies between the French and English versions;
- to add clarity to regulatory provisions;
- to harmonize terms used in the regulations;
- to harmonize terms used in the regulations with those used in the enabling statute;
- to correct references to section numbering; and
- to correct grammatical errors.
Description and rationale
1. Correcting discrepancies between the French and English versions
Health of Animals Regulations (HAR)
- The SJCSR identified inconsistencies between French and English terms within the Health of Animals Act (HAA), and between the HAA and the HAR, specifically those related to “processing” and “treating” in English, and “transformation” and “traitement” in French. In response, the CFIA committed to making regulatory amendments to ensure consistency within the HAR. As a result, the following French provisions in the HAR are amended to improve consistency and to address the SJCSR’s concern regarding inconsistencies within the regulations:
- Paragraph 6.23(2)(e) is amended by replacing “transformé” with “traité” and by replacing “transformation” with “traitement”;
- Subsections 6.4(1) is amended by replacing “transformer” with “traiter”;
- Subsection 6.4(6) is amended by replacing “transformé” with “traité”;
- Paragraph 43(a) is amended by replacing “traité” with “transformé”;
- Paragraph 45(1)(b) and subsection 45(2) are amended by replacing “traiter” with “transformer”; and
- Subsection 45(3) is amended by replacing “traitée” with “transformée”.
- The English version of subsection 69(7) of the HAR is amended to replace “United States” with “Government of the United States” to align with the French version of the Regulations.
- The French versions of subsection 121(1), and sections 123 and 124 of the HAR are amended by replacing “sans permis délivré par le ministre” with “à moins de détenir un permis délivré par le ministre et de s’y conformer” to correct discrepancies between the French and English versions.
- The French versions of sections 123 and 124 of the HAR are amended by replacing “nul ne peut” with “il est interdit” to correct discrepancies between the French and English versions.
- The English version of subsection 175.01(7) of the HAR is amended to remove the words “or corresponding to”, which do not appear in the French version. This addresses an SJCSR concern regarding the inconsistency between the French and English versions.
- The English version of subsection 184(2) of the HAR is amended by replacing the term “immediately” with “without delay”. The French version is amended to replace “dès” with “sans délai après”. Together, these amendments align the French and English versions of the regulations and address the SJCSR’s concern regarding an inconsistency between the French and English versions.
- Subsection 186(3) of the HAR is amended to align the French and English versions regarding the requirement to keep a record of the date of slaughter or death. “Date” is added to the English version, and “abattage” is added to the French version. These amendments correct discrepancies between French and English versions of the HAR.
Feeds Regulations, 2024
- The French version of subparagraph 45(2)(c)(iii) of the Feeds Regulations, 2024 is amended to replace “Précaution” with “Mise en garde” to align with the term “Warning” in the English version. It is also amended to add “indiquant une période de retrait” to align with the English version, and the same amendment is made to subparagraph 45(1)(h)(iii).
- The French version of subsection 51(2) of the Feeds Regulations, 2024 is corrected to align with the original intent as it appears in the English version. A mixed feed label must indicate the species and class of livestock the feed is intended for unless it is intended for all types or classes of livestock. The French version is amended to reflect this. In addition, the English version is amended to replace “types” with “species” to align with the French version “espèce” and to be consistent with the rest of the regulations. Together, these amendments correct discrepancies between the French and English versions of the regulations and improve consistency.
2. Adding clarity to regulatory provisions
Health of Animals Regulations
- A new definition of “serious epizootic disease” is added to section 2, and a new section 2.2 is created to describe how an epizootic disease is designated as serious. These amendments address the SJCSR’s concern that the regulations lacked clarity in how an epizootic disease is designated as serious.
- Subsection 45(3) of the English version of the HAR is amended to replace “the establishment” with “an establishment” to clarify the provision.
- Amendments to section 69 are made to improve clarity and consistency of terms related to germplasm. While subsections 69(1), 69(1.1), and 69(3) referred to “animal embryos or animal semen”, only the term “animal embryo” was defined in subsection 69(6). To improve clarity, the definition of “animal embryo” in subsection 69(6) is replaced by a new comprehensive definition of “animal germplasm”. Subsections 69(1) and 69(3) are then amended by replacing “animal embryos or animal semen” with “animal germplasm”.
- Subsection 69(1) of the HAR is redrafted to address the SJCSR’s concern about the lack of clarity around the conditions for exporting animal germplasm, livestock, or poultry. To address SJCSRs concerns, the amendments clarify a) how an exporter must demonstrate compliance with the import requirements of a foreign country, b) to whom the compliance must be demonstrated to, and c) whether the export conditions are enforced before or after export. The amendments reflect current practices. As a result of these amendments, subsections 69(1.1), 69(3), 69(7), and 69.1(1) of the HAR are amended to refer to the appropriate paragraph 69(1)(b).
- Subsection 69(1)(c) is added to address an ambiguity that exists due to wording in the Health of Animals Act (HAA). Specifically, the HAA prohibits the export of live animals unless a CFIA veterinarian certifies that regulatory requirements “have been complied with”. The past tense creates ambiguity in terms of considering regulatory compliance for activities that may take place in the future, when certifying exports of live animals, such as ensuring the humane treatment of animals along the transportation continuum. For added clarity, a provision is added to the HAR to give the explicit authority for CFIA veterinary inspectors to request, prior to issuing an export certificate, information or documentation that demonstrates how regulatory requirements will be met for the duration of the export of live animals. This amendment aligns with the intent of the HAR – Part XII Transport of Animals regulations that were updated in 2019 and with current practice. Providing this clarity will support the CFIA in ensuring compliance with its regulations.
- Subsection 69(1.1) is amended to clarify that the exemption (i.e. non-application of 69(1)(b)) pertains to all animal germplasm, livestock, or poultry destined for export to the United States when certification is not requested by the United States.
- Subsection 70(1) of the HAR is redrafted to address the SJCSR’s concern about the lack of clarity around the conditions for exporting a product of a rendering plant, or a fertilizer, fertilizer supplement, or animal food that contains a product of a rendering plant. Specifically, the amendments provide more clarity on the role of the inspector and purpose of inspections, the grounds on which an export certificate will be issued, and how an exporter must demonstrate that a product meets foreign country requirements. These amendments, which reflect current practice, provide more details to support compliance and address SJRCRs concerns.
- Sections 123 and 124 of the HAR are amended to add “for use in Canada or for export” in English, and “devant être utilisé au Canada ou exporté” in French, to clarify the scope of application of those provisions to veterinary biologics.
- Subsections 175.01(5) and paragraph 188(2)(d) of the HAR are amended to replace “a site that is used exclusively for the purpose of collecting animals before they are transported to an abattoir” with “a site that is used for the purpose of collecting pigs for transport to an abattoir”. These amendments add clarity and align with subsection 175.01(6). Furthermore, subsection 175.01(6) is amended to clarify that tagging requirements for pigs described therein apply despite subsection 175.01(5).
- Subsection 175.01(6) of the HAR is amended to include “bearing only an approved slap tattoo” to clarify the intent of the provision.
- Subsection 183(3) of the HAR is amended to clarify that the manager of a tagging site must declare in a written application that the equipment and infrastructure are adequate for the purpose of tagging bison or bovine safely to be approved as a tagging site. This addresses the SJCSR’s concern that the regulations did not actually require that the equipment and facilities be adequate for the safe tagging of bison or bovine.
- Subsection 184(3) of the HAR is amended by changing “loses its approved tag on the way to an abattoir” to “is received at an abattoir without an approved tag or approved slap tattoo” to clarify the original intent of the provision, which is for this provision to apply to any animal received without an approved tag or slap tattoo, regardless of the reason. Further, this amendment eliminates unnecessary prescriptiveness as it doesn’t require a tag to be lost.
- Subsection 186(2) of the HAR is amended to include “or approved slap tattoo” to align with other provisions in the regulations.
- Subsection 186(3) of the HAR is amended to add “other than an abattoir” to clarify the original intent of the provision.
Feeds Regulations, 2024
- Subsection 64(2) of the Feeds Regulations, 2024 is split into paragraphs (a) and (b) for clarity and is amended to replace “customer formula” with “written order that is signed by the purchaser”. The “written order that is signed by the purchaser” is the document referred to in the definition of “customer formula feed” in section 2 of the Feeds Regulations, 2024. As a result, this corrective amendment ensures clarity of the record-keeping requirement for customer formula feed and aligns it with the definition of “customer formula feed”.
3. Harmonizing terms used in the regulations
Health of Animals Regulations
- The heading and preamble of the French version of section 2 of the HAR are amended to align with drafting conventions and to maintain consistency with other CFIA regulations.
- Paragraph 12(2)(b) of the HAR is amended by replacing ’undue suffering” with “unnecessary suffering” in the English version, and replacing “souffrance indue” with “souffrance inutile” in the French version. These amendments align with the rest of the regulations.
- The English versions of subsection 121(1) and sections 123 and 124 of the HAR are amended to replace the term “he” with “the person”. This makes the provisions gender neutral and aligns the language with the rest of the regulations.
- The French versions of sections 130 and 130.1 of the HAR are amended by replacing the terms “les données générales du produit” and “la description”, with the term “les données générales sur le produit”. These amendments align with the term “les données générales sur le produit”, which is already defined in the HAR, and with the English version of the regulations.
Feeds Regulations, 2024
- The definition of “complete feed” in subsection 1(1) of the Feeds Regulations, 2024 is amended to replace “type” with “espèce” in the French version, and to replace “type” with “species” in the English version to be consistent with the rest of the regulations.
4. Harmonizing terms used in the regulations with those used in the enabling statute
Plant Protection Regulations (PPR)
- Section 44 of the PPR is amended to increase alignment with the Plant Protection Act (PPA). Specifically, a number of amendments to the PPR are being made to use the same terms as used in the PPA and to ensure consistency between the Act and its regulations. These are “Any inspector” is replaced with “The Minister or an inspector”;
- “entry” is replaced by “importation”;
- “Canada or its territorial sea, as defined in the Oceans Act” is replaced with “Canada or the territorial sea of Canada, within the meaning of section 4 of the Oceans Act”;
- “thing or conveyance” is replaced with “conveyance or other thing”;
- “reasonable grounds” is replaced with “reasonable grounds to believe”;
- “on entering Canada, would” is replaced with “would, when imported into Canada”; and
- “made thereunder” is replaced with “made under it”.
Seeds Regulations
- The SJCSR raised a concern that subsections 48(2) to 48(5) of the Seeds Regulations regulate private agreements between a grower and a purchaser of potatoes when there is no such enabling authority in the Seeds Act. To address this issue, subsections 48(2) to (5) are amended to shift the provisions related to minimum and maximum sizes to apply to the potatoes themselves rather than to an agreement between the grower of the potatoes and the purchaser of potatoes. The provisions related to sizes and weights are also updated for clarity. These amendments address the SJCSR’s concern about the lack of enabling authority to regulate private agreements.
- The SJCSR raised a concern that subsections 61(1) and (2) of the Seeds Regulations regulate the shipment of certain seed potatoes between farm units when there is no such enabling authority in the Seeds Act. To address this issue, subsections 61(1) and (2) are amended to shift the provisions related to shipment of potatoes to apply to the certificate of authorization rather than to the shipment of seed potatoes between farm units. This addresses the SJCSR’s concern about the lack of enabling authority to regulate the shipment of certain seed potatoes between farm units in Canada.
5. Correcting references to section numbering
Health of Animals Regulations
- Subsection 178(2) of the HAR is amended to replace the current reference to subsection 174(2) with a reference to subsection 174(3) instead, which is the correct subsection that provides for the issuance of an approved tag to an importer.
- The English and French versions of subsection 189(5) of the HAR are amended to add a reference to section 189 and subsection 185(3), which also set out relevant importation requirements of an animal bearing an indicator.
- Schedule VII to the HAR is amended by adding references to multiple provisions in the regulations that refer to Schedule VII.
Seeds Regulations
- The definitions of “certificate number” and “non-certified potatoes” in section 45 of the Seeds Regulations are amended to correct references to other sections in the regulations. Specifically, the reference to section 57 is replaced with subsection 57(2), and the reference to section 61 is replaced with subsections 61(2). Furthermore, a reference to certificates issued under 47.11(4) has been added as it was previously missing.
6. Correcting grammatical errors
- Health of Animals Regulations
- The definition of “bred” in the English version and “sailli” in the French version of subsection 172(1) of the HAR are amended to correct the grammar, which improves clarity.
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