Regulations Amending and Repealing Certain Regulations (Canadian Food Inspection Agency): SOR/2025-235

Canada Gazette, Part II, Volume 159, Number 25

Registration
SOR/2025-235 November 21, 2025

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT

PLANT PROTECTION ACT

P.C. 2025-814 November 21, 2025

Her 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 Regulations (Canadian Food Inspection Agency) under

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

Agriculture and Agri-Food Administrative Monetary Penalties Regulations

1 Divisions 2 and 3 of Part 2 of Schedule 1 to the Agriculture and Agri-Food Administrative Monetary Penalties Regulationsfootnote 1 are repealed.

Repeals

2 The following Regulations are repealed:

Coming into Force

3 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.)

Executive summary

Issues: The Canadian Food Inspection Agency (CFIA) conducted a red tape review and found several regulations that were spent or outdated. Repealing these regulations will remove unnecessary rules and streamline CFIA’s regulatory framework.

Description: The CFIA is advancing an omnibus regulatory package to remove outdated and unnecessary rules. This omnibus regulatory package notes the repeal of six regulatory titles (four regulations to be repealed by the Governor in Council, one Ministerial regulation by the Minister of Agriculture and Agri-Food and one Ministerial Order) that are spent or no longer applicable and are causing unnecessary burden.

Three spent regulations will be repealed, as the referenced dates in these regulations have expired and the regulations no longer apply. In addition, two regulations and one Ministerial Order that relate to the golden nematode pest in Central Saanich, British Columbia, are no longer appropriate and will also be repealed. A comprehensive assessment has determined the golden nematode pest is no longer present in much of the land (98.75%), that any risks can be mitigated under other regulations and that existing requirements cause unnecessary administrative burden to landowners and other stakeholders. Repealing these regulations is expected to result in administrative cost savings of $200 per year total for all businesses (in 2012 dollars).

Rationale: This regulatory package reduces red tape by eliminating outdated rules. Repealing spent and outdated regulations reduces unnecessary administrative burden, streamlines the CFIA’s regulatory stock and provides improved clarity for stakeholders.

Issues

In line with the Government of Canada’s commitment to reducing red tape, the CFIA reviewed its regulatory stock. The review identified a number of existing regulations and other instruments that are no longer applicable or are no longer required and that cause unnecessary burden.

Repealing these spent and outdated regulations and other instruments will streamline the CFIA’s regulatory framework and reduce the risk of confusion created by having regulations that are no longer enforced and no longer required.

This regulatory package outlines the repeal of six instruments (five regulations and one Ministerial Order) that are either

Spent regulations

The CFIA has identified three time-limited regulations, which have passed their expiry date. As a result, these regulations no longer apply and need to be repealed.

Outdated regulations and Ministerial Order

The CFIA has identified two regulations and one Ministerial Order as outdated and no longer necessary. These regulations and the Ministerial Order were created in the 1980s to address an infestation of golden nematode in the Central Saanich region on Vancouver Island, British Columbia (B.C.). Golden nematode is a plant pest that attacks the roots of potatoes and other host crops and can significantly reduce crop health and yields.

Since this time, the CFIA has determined that the risk associated with golden nematode in Central Saanich has been greatly reduced and can be mitigated through existing tools under the Plant Protection Regulations (PPR). Consequently, the regulations and Ministerial Order should be repealed, as they are outdated and causing unnecessary burden and restrictions for landowners.

Background

Legislative and regulatory authorities

The Plant Protection Act (PPA) authorizes the Governor in Council to make regulations. This includes regulations prescribing compensation terms and conditions (paragraph 47(1)(q)) and regulations to prevent the introduction and spread of plant pests (paragraph 47(1)(a)). This includes the Plum Pox Virus Compensation Regulations, 2004, the Asian Long-horned Beetle Compensation Regulations, the Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations and the Potato Production and Sale (Central Saanich) Restriction Regulations.

Moreover, subsection 15(3) of the PPA authorizes the Minister of Agriculture and Agri-Food, by order, to declare areas infested with pests. This authority includes controlling the movement of people and goods in and out of the infested areas. Consequently, the authority to repeal the Golden Nematode Order sits with the Minister.

The Health of Animals Act provides authority to the Minister of Agriculture and Agri-Food to compensate owners of animals and “things” ordered destroyed and to make regulations setting the parameters for compensation. Consequently, the authority to repeal the Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations sits with the Minister.

Spent regulations

The Plum Pox Virus Compensation Regulations, 2004, provided authority to compensate a person who received a notice issued by the CFIA between January 1, 2004, and March 31, 2011, to dispose of one or more trees due to the presence of the plum pox virus (PPV). PPV is a viral disease affecting stone fruit trees, such as plums, peaches, apricots and cherries. These regulations set the deadline to apply for compensation within two years after the date of issuance of the notice. As the timeline to apply for compensation has expired, these regulations are no longer applicable.

The Asian Long-horned Beetle Compensation Regulations were created in May 2004 to provide authority to compensate a person who received a notice issued by the CFIA between April 1, 2013, and March 31, 2019, to dispose of one or more trees to control and eliminate the Asian long-horned beetle. These regulations set the deadline to apply for compensation as December 31, 2020. As this timeline to apply for compensation has expired, these regulations are no longer applicable.

The Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations were created to determine the amount of compensation to be paid to owners of birds ordered destroyed in a control area declared by the Minister on March 11, 2004. The declaration was rescinded in August 2004 and, therefore, the regulations are no longer applicable. Further, the compensation regime for owners of animals destroyed is captured in the Compensation for Destroyed Animals and Things Regulations.

Outdated regulations

Golden nematode is a plant pest discovered in the municipality of Central Saanich on Vancouver Island, B.C., in 1965. In 1980, the federal government issued the Golden Nematode Order, which put in place prohibitions and restrictions on the transportation and movement of any plant or other matter that is likely to result in the spread of the golden nematode pest.

Following the Ministerial Order, in 1982, two federal regulations came into force restricting the production of tomatoes, potatoes and eggplants:

Between 2010 and 2014, the CFIA conducted an intensive sampling risk analysis and determined the golden nematode pest is no longer present in most of the land (98.75%) covered by the two regulations and Ministerial Order. As a result, the existing regulations and Ministerial Order are no longer appropriate to mitigate the risk. Further, it creates an unnecessary administrative burden and restrictions on landowners and other stakeholders. The remaining 1.25% of land that still poses a risk will remain under restrictions through legislative notices, such as written notices to stakeholders, that can be issued under the PPR, to limit the area in which plants and things can move.

Objective

This omnibus regulatory package has the following objectives:

Description

This omnibus regulatory package notes the repeal of five regulations and one Ministerial Order that are either spent or no longer applicable, and that cause unnecessary burden.

While the regulatory package describes six regulatory titles being repealed, only four regulations require the approval by the Governor in Council to repeal. The Ministerial regulation and Ministerial Order can be repealed directly by the Minister of Agriculture and Agri-Food under their existing authority. They are included in this regulatory package for clarity and transparency.

Spent regulations

The Regulations Amending and Repealing Certain Regulations (Canadian Food Inspection Agency) will repeal the following Governor in Council regulations:

The Regulations Repealing the Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations will repeal the following Ministerial regulations:

Outdated regulations

The Regulations Amending and Repealing Certain Regulations (Canadian Food Inspection Agency) will repeal the following Governor in Council regulations:

The following Ministerial Order will be repealed by the Minister of Agriculture and Agri-Food:

Finally, Schedule 1 of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations will be amended to remove references to the Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations and the Potato Production and Sale (Central Saanich) Restriction Regulations.

The repeal of the outdated regulations and Ministerial Order will mean that federal restrictions on movement, production and sale of plants and other things in Central Saanich will no longer apply. This means that 98.75% of the land within Central Saanich, which is free from the pest, will no longer be subject to restrictions. The remaining 1.25% of land within Central Saanich that still poses a risk will remain under restrictions but under the PPR instead. Specifically, legislative notices, such as written notices will be issued to stakeholders under the PPR, and these written notices will limit the area in which plants and things can move within the 1.25% of land still deemed at risk within Central Saanich.

While the repeal of the regulations will reduce administrative and compliance burden, safeguards remain in place. The risk of golden nematode resurgence is considered low, but a prohibition on seed potato production will continue to apply under the PPR for previously infested land as a precautionary approach to mitigate future infestations of the pest. The CFIA retains the authority under the PPR to issue legislative notices and reintroduce controls if needed. Ongoing surveillance and the legislative notices will ensure that plant health risks remain managed.

Regulatory development

Consultation

Spent regulations

No consultations were held, as the repeal of these regulations will have no impact on stakeholders, given that the regulations have expired and are no longer applicable.

Outdated regulations

In 2018, the CFIA conducted in-person consultations with the B.C. government, the Canadian Potato Council and the B.C. potato growers on potentially repealing the Golden Nematode Order and the associated golden nematode regulations. The municipality of Central Saanich was also engaged. All stakeholders were supportive or indifferent of a repeal.

In August 2025, the CFIA reengaged the Canadian Potato Council, the B.C. Certified Seed Potato Growers Association and the B.C. provincial government on this initiative. Stakeholders remained supportive of the proposal to repeal these outdated requirements.

The CFIA also sent a written letter notifying of the possible repeal of the Golden Nematode Order and associated regulations to the Island Vegetable Co-Operative Association, the B.C. Potato and Vegetable Growers’ Association, the municipality of Central Saanich, and to the 1.25% of landowners in Central Saanich who will remain affected via legislative/written notices. All were invited to reach out to the CFIA should they wish to meet to discuss further.

There is general stakeholder support for repealing the regulations. Should landowners within the 1.25% of land express concerns, the CFIA will clarify that no new restrictions are intended to be imposed on their land and that existing measures are essential to mitigating the risks associated with golden nematode.

Indigenous engagement, consultation and modern treaty obligations

The assessment of modern treaty implications examined the geographical scope and subject matter of the initiative in relation to modern treaties in effect and did not identify any applicable modern treaty.

As part of broader Government of Canada priorities and obligations, in alignment with the spirit of the United Nations Declaration on the Rights of Indigenous Peoples Act, this assessment considered Indigenous communities that may not have a treaty with the Crown or a historical treaty with the Crown, in addition to modern treaties.

The repeal of the spent and outdated regulations and the Golden Nematode Order will not impact Indigenous community members any differently than other stakeholders. The CFIA sent a letter to the municipality of Central Saanich to inform them of the upcoming repeal of the regulations and the Golden Nematode Order. A letter was also sent to inform the W̱SÁNEĆ Nation, which owns 18 hectares of land within the Central Saanich region.

Instrument choice

Maintaining the status quo means that the CFIA would continue to have spent and outdated regulatory requirements, limiting opportunities to remove unnecessary burden and reduce red tape. The only way to remove spent and outdated regulations is to repeal them; therefore, no other instruments were taken into consideration.

Regulatory analysis

Costs and benefits

There are no costs associated with repealing the spent and outdated regulations in this package. The regulations being repealed are either no longer in effect (spent) or impose unnecessary burden (outdated). Prevention of the propagation of golden nematode will be sufficiently managed under the remaining regulatory framework, and these repeals will not contribute to potential future infestations. Therefore, this initiative will result in a net benefit to stakeholders and the CFIA. It also counts as five titles out under the one-for-one rule.

Spent regulations

The repeal of the three spent regulations will have no change in costs, benefits or administrative burden to stakeholders or to the government because the regulatory provisions are no longer in force. Their removal contributes to red tape reduction by streamlining CFIA’s regulatory framework and eliminating the risk of stakeholder confusion.

Outdated regulations

The repeal of the two outdated regulations and one Ministerial Order will have no cost to stakeholders and government, but will have a net benefit to both. Specifically, the removal of the outdated regulations and the Ministerial Order will reduce the regulatory burden on landowners and businesses in the Municipality of Central Saanich, where the golden nematode pest has no longer been detected. Eliminating soil movement restrictions, CFIA inspections, and the need to apply for approvals, such as compliance agreements or audit participation, will simplify land use, reduce project delays and create opportunities for small-scale or specialty crop production.

The CFIA will also benefit, as employees will no longer be required to undertake compliance and enforcement activities, such as inspecting the moving of equipment, issuing movement certificates, supervising soil disposal and conducting risk analysis for major projects. Ongoing surveillance will ensure that the risk of golden nematode in the region is managed.

Small business lens

The small business lens analyzes the impact of the regulatory change on small businesses (i.e. those with fewer than 100 employees and less than $5 million in annual revenue). It measures the impact on the administrative and compliance burden for small businesses only, in 2025 dollars.

Spent regulations

The repeal of the three spent regulations will have no cost or benefit to small businesses.

Outdated regulations

Out of the approximately 159 businesses in Central Saanich who are captured by the current regulations, 157 (99%) are small businesses. Over the next 10 years, the repeal is expected to result in total administrative and compliance cost savings of approximately $95,207 in present value (2025 dollars), or $13,555 annually. This translates into an average annualized savings of $86 per business. The savings are associated with eliminating recurring compliance activities (e.g. adjusting crop planting, participating in CFIA soil movement inspections, participating in annual audits and preparing equipment for inspections) and administrative tasks, such as applying for a compliance agreement with CFIA.

One-for-one rule

The one-for-one rule requires that the change in administrative burden across all businesses be monetized and reported in 2012 dollars, and the number of regulatory titles added or removed is counted. The one-for-one rule does not include compliance burden, only administrative burden.

This regulatory package will result in a net reduction of five regulatory titles in CFIA’s regulatory stock under the one-for-one rule.

Spent regulations

The repeal of the following spent regulations will count as three titles out:

Their repeal qualifies as a regulatory title reduction only, with no associated change in administrative burden under the one-for-one rule.

Outdated regulations

The repeal of the following outdated titles will count as two titles out:

The repeal of these two regulatory titles results in a quantified administrative burden out with a total annualized administrative cost savings of $200 (in 2012 dollars, discounted at 7% over 10 years) across 159 affected businesses. The savings stem from eliminating administrative tasks for businesses, including applying for a compliance agreement with CFIA, communicating with CFIA during the compliance agreement process and responding to CFIA compliance notices.

Outdated Ministerial Order

The Golden Nematode Order will also be repealed but cannot be counted as a title “out.” Though the Golden Nematode Order was originally made as a regulation under the Plant Quarantine Act, it is no longer considered to be a statutory instrument under the PPA. Therefore, its repeal and associated burden reduction are not counted under the one-for-one rule. Nevertheless, the repeal contributes to the reduction of burden on businesses and the cleanup of instruments that are no longer necessary.

Regulatory cooperation and alignment

The repeal of the spent and outdated regulations does not present an opportunity for regulatory cooperation, as these regulations do not have an impact on other jurisdictions.

International obligations

The repeal of the spent regulations is not subject to obligations in Canada’s international trade agreements.

The repeal of outdated regulations related to Central Saanich does not create an obligation for pest reporting under Canada’s international trade agreements. However, the International Plant Protection Convention (IPPC) general recommendation is that countries notify trading partners of changes in pest status. In line with this recommendation, the CFIA will notify relevant countries of the repeal of the regulations for the municipality of Central Saanich in B.C.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a comprehensive strategic environmental and economic assessment has been conducted. Regulatory proposals subject to the Cabinet Directive on Regulation are exempted from the economic analysis elements of the SEEA Directive. The findings from the strategic environmental and economic assessment conclude that there are no significant impacts on the environment due to the repeal of the outdated and spent regulations.

Gender-based analysis plus

The Agricultural sector of the Central Saanich region in B.C. (152 farms) may be directly or indirectly impacted by the repeal of the outdated regulations, noting that the repeal may reduce regulatory burdens for most landowners (98.75% of land), potentially improving economic opportunities.

Implementation, compliance and enforcement, and service standards

The Regulations Amending and Repealing Certain Regulations (Canadian Food Inspection Agency) and the Regulations Repealing the Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations will come into force on the date they are registered. The Ministerial Order will be repealed at the same time.

There are no compliance and enforcement considerations for the repeal of the spent regulations.

Outdated regulations

The repeal of the golden nematode regulations and the Ministerial Order will remove restrictions on 98.75% of the land of Central Saanich. The remaining 1.25% of land within Central Saanich that still poses a golden nematode risk will remain under restrictions through legislative notices, such as written notices, issued under the PPR. The notices will be issued to stakeholders by the time these regulations come into force and will outline restrictions limiting the area in which plants and things on the infected land can move, which will be in line with previous regulatory restrictions.

Of note, the production of seed potatoes on previously infested land will continue to remain prohibited under the PPR. The local CFIA office will monitor regulated fields as part of their routine inspections.

Guidance for inspectors will be updated prior to these regulations coming into force. The guidance will outline the requirements that remain on the land of Central Saanich following the repeal of the regulations and the Ministerial Order. It will provide direction on the issuance of legislative/written notices, the types of commodities regulated, certification requirements for moving regulated materials and the process for reassessing newly restricted fields.

The CFIA will inform all stakeholders when the repeal of the regulations and Golden Nematode Order are published by posting a Notice to Industry on its website, posting updates on its social media accounts and sending messages through its email subscription service.

Contact

Lindsay Wild
Director
Regulatory, Legislative and Economic Affairs
Canadian Food Inspection Agency
1400 Merivale Road
Ottawa, Ontario
K1A 0Y9
Email: cfia.legislation-legislation.acia@inspection.gc.ca