Safe Food for Canadians Regulations (SOR/2018-108)

PART 3Licences

DIVISION 1General

Marginal note:Paragraph 20(1)(a) of Act — import

• 26 (1) For the purpose of issuing a licence to import under paragraph 20(1)(a) of the Act, any food is a prescribed food commodity.

• Marginal note:Paragraph 20(1)(a) of Act — export

  (2) For the purpose of issuing a licence to export under paragraph 20(1)(a) of the Act, any of the following is a prescribed food commodity:

  • (a) any food;

  • (b) any food commodity referred to in paragraph 17(2)(b); and

  • (c) any food commodity referred to in subsection 17(3).

Marginal note:Paragraph 20(1)(b) of Act — import

• 27 (1) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food is a prescribed food commodity that has been imported, and the storing and handling of a food in its imported condition for the purpose of the exercise of an inspector’s powers under the Act are prescribed activities in respect of that prescribed food commodity.

• Marginal note:Paragraph 20(1)(b) of Act — interprovincial trade

  (2) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food and any food animal are the prescribed food commodities that are to be sent or conveyed from one province to another, and the following activities are prescribed activities in respect of those prescribed food commodities:

  • (a) in the case of a food, manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

  • (b) in the case of a food animal, slaughtering.

• Marginal note:Paragraph 20(1)(b) of Act — export

  (3) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food, any food animal, any food commodity referred to in paragraph 17(2)(b) and any food commodity referred to in subsection 17(3) are prescribed food commodities that are to be exported, and the following activities are prescribed activities in respect of those prescribed food commodities:

  • (a) in the case of a food, a food commodity referred to in paragraph 17(2)(b) and a food commodity referred to in subsection 17(3), manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

  • (b) in the case of a food animal, slaughtering.

Marginal note:Application for issuance, renewal or amendment

• 28 (1) An application for the issuance, renewal or amendment of a licence must be made to the Minister in a form approved by the President.

• Marginal note:Application — food animals and meat products

  (2) An application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition must include at least one proposed work shift for each establishment where the activity is conducted.

• Marginal note:Work shift

  (3) A work shift must be

  • (a) in the case of slaughtering, a work shift during which no inspection station referred to in subsection 41(1) is operated for more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times; and

  • (b) in the case of manufacturing, processing, treating, preserving, grading, packaging or labelling a meat product or storing and handling an edible meat product in its imported condition, a work shift during which those activities are conducted

    • (i) for not more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times, or

    • (ii) between 6:00 a.m. and 6:00 p.m.

Marginal note:Conditions — issuance, renewal or amendment

• 29 (1) The Minister may issue, renew or amend a licence if

  • (a) in the case of an application for the issuance of a licence, the applicant is not in default of payment of any fee related to the Act that is fixed under the Canadian Food Inspection Agency Act;

  • (b) the applicant, whether or not they are a licence holder conducting the activity in respect of which the application for the issuance, renewal or amendment of the licence is made,

    • (i) in the case of a licence in respect of a food, meets the applicable requirements of Part 4, and

    • (ii) in the case of a licence in respect of a food commodity referred to in paragraph 17(2)(b) or subsection 17(3), meets the applicable requirements of Part 4 — other than Division 3 — as if the food commodity were a food;

  • (c) in the case of an application for the issuance, renewal or amendment of a licence to import, the applicant carries on business related to the food in respect of which the application is made from a fixed place of business that is in

    • (i) Canada, or

    • (ii) a foreign state that has an inspection system described in subparagraph 12(1)(a)(i) or a food safety system described in subparagraph 12(1)(a)(ii);

  • (d) in the case of an application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition, a work shift has been approved by the President for each establishment where the activity is conducted;

  • (e) the information submitted in the application is complete, truthful and not misleading; and

  • (f) the Minister is of the opinion, on the basis of the information that was made available to him or her, that the conduct of the activity in respect of which the application for the issuance, renewal or amendment of the licence is made does not present a risk of injury to human health.

• Marginal note:Renewal of suspended licence

  (2) Despite paragraph (1)(b), the Minister may renew a suspended licence if the requirements of subsection (1), other than any requirements whose contravention forms the grounds of the suspension, are met. However, the suspension of the licence remains in effect.

Marginal note:Refusal — issuance, renewal or amendment

30 The Minister may refuse to issue, renew or amend a licence if

• (a) in the five years before the day on which the application is made, the applicant or any of their directors or officers

  • (i) have had a licence suspended or cancelled, or

  • (ii) have been convicted of an offence under the Act or the Food and Drugs Act; or

• (b) in the case of an application for the renewal or amendment of a licence, the applicant is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act.

Marginal note:Establishment

• 31 (1) A licence holder must conduct the activities that are identified in their licence, other than importing and exporting, in the establishment that is identified in the licence for the activities.

• Marginal note:Work shift

  (2) Subject to subsection (3) and unless otherwise authorized by an inspector, the activities that are conducted in respect of a food animal or meat product must be conducted during a work shift approved by the President and during which inspection services are provided in accordance with Division 2.

• Marginal note:Exception — ante-mortem examination

  (3) In the case of the slaughtering of a food animal, the ante-mortem examination may be conducted outside a work shift.

Marginal note:Amendment of licence — inability to conduct activity

• 32 (1) If a licence holder is unable to conduct an activity that is identified in their licence in one of the establishments that are identified in the licence, the Minister may amend the licence to remove the authorization to conduct that activity in that establishment.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the amendment and the date on which it takes effect.

Marginal note:Expiry

• 33 (1) A licence expires two years after the date of issuance or renewal that is specified in it, unless the licence is cancelled before that date.

• Marginal note:Expiry — amendment

  (2) If the Minister amends a licence, its expiry date remains unchanged.

Marginal note:Invalidity

34 A licence becomes invalid if the licence holder surrenders the licence to the Minister and it is not subject to a cancellation procedure.

Marginal note:Grounds for suspension

35 The Minister may suspend a licence if

• (a) the licence holder does not comply with any provision of the Act, other than section 15, or with any provision of these Regulations, the Food and Drugs Act or the Food and Drug Regulations;

• (b) the licence holder is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act; or

• (c) the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence.

Marginal note:Suspension

• 36 (1) The Minister must not suspend a licence unless the licence holder

  • (a) was provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

  • (b) failed to take corrective action within that period.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.

Marginal note:Risk of injury to human health

• 37 (1) Despite section 36, if the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence, the Minister may suspend the licence immediately after the licence holder is provided with a written report that sets out the grounds for the suspension.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing that their licence is suspended and that the suspension takes effect immediately.

Marginal note:Duration of suspension

38 The suspension of a licence must be lifted if the Minister determines that corrective action has been taken.

Marginal note:Grounds for cancellation

39 The Minister may cancel a licence if

• (a) the licence holder fails to take corrective action within 90 days after the day on which the licence was suspended, unless a longer period is granted by the Minister at the written request of the licence holder;

• (b) the licence holder continues to conduct an activity that is identified in their licence while the licence is suspended;

• (c) the licence holder or any of their directors or officers has been convicted of an offence under the Act or the Food and Drugs Act;

• (d) the licence holder does not comply with any provision of the Act, other than section 15, or with any provision of these Regulations, the Food and Drugs Act or the Food and Drug Regulations and, since its issuance or renewal, the licence

  • (i) has already been suspended for non-compliance with that provision, or

  • (ii) has already been suspended twice; or

• (e) the licence holder was not in compliance with section 15 of the Act in respect of their application for the issuance, renewal or amendment of the licence or at any time during the period of validity of the licence.

Marginal note:Cancellation

• 40 (1) The Minister must not cancel a licence unless the licence holder was notified of the grounds for cancellation and was provided with an opportunity to be heard in respect of the cancellation.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the cancellation and the date on which it takes effect.

DIVISION 2Inspection Services — Food Animals and Meat Products

Marginal note:Inspection stations — slaughtering

• 41 (1) The Minister must determine the number of inspection stations that are required annually during each work shift that has been approved by the President, for each establishment where food animals are slaughtered by a licence holder, taking into account the following factors:

  • (a) the animal species that are slaughtered;

  • (b) the method of carcass examination or inspection that is used;

  • (c) the speed of the slaughter line; and

  • (d) the volume of production.

• Marginal note:Fixed or unfixed locations

  (2) The Minister must determine whether inspection services at an inspection station are to be provided at a fixed or unfixed location in the establishment and, in the case of a fixed location, must specify the location in the establishment.

• Marginal note:Additional inspection stations

  (3) The Minister may authorize one or more additional inspection stations for a work shift, on an annual or hourly basis, taking into account the factors set out in subsection (1), if the licence holder submits a written request to the Minister and an inspector is available.

Marginal note:Minimum hours of inspection — meat products

42 The Minister must determine the minimum number of hours of inspection that are required per year during each work shift that has been approved by the President, for each establishment where a meat product is manufactured, processed, treated, preserved, graded, packaged or labelled, or where an edible meat product is stored and handled in its imported condition, by a licence holder, taking into account the following factors:

• (a) the nature and complexity of the activities that are conducted by the licence holder in the establishment;

• (b) the size of the establishment, the layout of equipment and the type of equipment and technology that are used;

• (c) the range of meat products and the volume of production;

• (d) work scheduling practices; and

• (e) the inspection records in respect of the establishment and the activities that are conducted by the licence holder in the establishment and, if available, any inspection records in respect of comparable establishments where the same activities are conducted.

Marginal note:Inspection services outside work shifts

43 Inspection services may be provided during a period other than a work shift if a licence holder submits a written request to the Minister and an inspector is available.

Marginal note:Notice

• 44 (1) A licence holder must notify the Minister in writing of any change that affects any of the factors set out in subsection 41(1) or section 42 or if an additional inspection station that is authorized under subsection 41(3) on an annual basis is no longer required.

• Marginal note:Adjustment

  (2) If the Minister becomes aware of a change referred to in subsection (1), the Minister must reconsider and, as appropriate, adjust the number of inspection stations or minimum number of hours of inspection that are required.