OG/OO-28480 - Operational guideline: Enforcing the Safe Food for Canadians Act and Regulations utilizing administrative monetary penalties

On this page

• 1.0 Purpose
• 2.0 Authorities
• 3.0 Definitions
• 4.0 Acronyms
• 5.0 Enforcing the SFCA and SFCR and using administrative monetary penalties
  • 5.1 Responding to non-compliance with the CAPA, FIA, MIA, CPLA and their regulations that occurred prior to January 15th, 2019
  • 5.2 Responding to non-compliance of the SFCA and SFCR occurring between January 15th, 2019, and the publication date of the AAAMPR amendments
  • 5.3 Issuing AMPs for violations of designated provisions of the SFCA and SFCR
  • 5.4 Resources available for enforcement related inquiries

1.0 Purpose

The purpose of this document is to provide guidance to Canadian Food Inspection Agency (CFIA) inspection staff on:

• enforcement activities that are now available as a result of the enactment of Safe Food for Canadians Act (SFCA) and regulations (SFCR) and the repeal of the Canada Agricultural Products Act (CAPA), Fish Inspection Act (FIA), Meat Inspection Act (MIA), food provisions of the Consumer Packaging and Labelling Act and their associated regulations
• using administrative monetary penalties (AMPs) as an enforcement response to non-compliance of designated provisions of the SFCA and SFCR

2.0 Authorities

• Safe Food for Canadians Act (SFCA)
• Safe Food for Canadians Regulations (SFCR)
• Agriculture and Agri-Food Administrative Monetary Penalties Act (AAAMPA)
• Agriculture and Agri-Food Administrative Monetary Penalties Regulations (AAAMPR)
• Canada Agricultural Products Act (CAPA) and associated regulations – repealed and archived
• Fish Inspection Act (FIA) and associated regulations – repealed and archived
• Meat Inspection Act (MIA) and associated regulations – repealed and archived
• Consumer Packaging and Labelling Act (CPLA) as it relates to food – repealed and archived

3.0 Definitions

Unless specified below, definitions are located in either the:

• Safe Food for Canadians Regulations: Glossary of  key terms
• Integrated agency inspection model (iAIM) - Glossary of terms (Annex F) RDIMS 4948288 (Internal access only)
• My CFIA glossary of terms

4.0 Acronyms

Acronyms are spelled out the first time they are used and are consolidated in the Food business line acronyms list.

5.0 Enforcing the SFCA and SFCR and using administrative monetary penalties

On January 15th, 2019, the SFCR came into force and enabled the CFIA to begin enforcing the SFCA. This coming into force triggered the repeal of the CAPA, FIA, MIA, CPLA (as it relates to food) and their associated regulations. Even though repealed, the CFIA is able to continue enforcing the CAPA, FIA, MIA, CPLA and their regulations in a specific circumstance, which is explained below.

The CFIA can also issue Notice of Violations (NOVs) under the AMP regime as an enforcement response to non-compliance of designated provisions of the SFCA and SFCR. This is made possible through amendments to the Agriculture and Agri-food Administrative Monetary Penalties Regulations (AAAMPR) that were published on May 1st, 2019.

5.1 Responding to non-compliance with the CAPA, FIA, MIA, CPLA and their regulations that occurred prior to January 15th, 2019

Where the CFIA is still within the limitation period of the violation, it may undertake enforcement activities linked to non-compliances with the CAPA, FIA, MIA, CPLA and their regulations that occurred prior to January 15th, 2019. This includes the issuance NOVs for violations to designated provisions of the MIA and Meat Inspection Regulations (MIR) that occurred prior to January 15th, 2019.

Inspection staff should promptly report non-compliance with the CAPA, FIA, MIA, CPLA and their regulations that occurred prior to January 15th that may result in an AMP or require investigation by Enforcement and Investigation Services (EIS). Referring non-compliance promptly avoids the CFIA from becoming unable to undertake enforcement due to:

• exceeding the limitation period defined in legislation for recommending prosecution by summary conviction, which is limited to two years after the date of contravention
• exceeding the limitation periods for the issuance of NOVs as defined in the Agriculture and Agri-food Administrative Monetary Penalties Act (AAAMPA). The limitation period for minor violations is six months after the date of violation while it is two years for serious and very serious violations.

5.2 Responding to non-compliance of the SFCA and SFCR occurring between January 15th, 2019, and the publication date of the AAAMPR amendments

The CFIA has been able to issue NOVs under the AMP regime in response to non-compliance with designated provisions of the SFCA and SFCR as of May 1st, 2019. CFIA inspection staff should consult the Standard regulatory response process (SRRP) for other available enforcement responses for non-compliances that occurred between January 15th, 2019, and April 30th, 2019. The enforcement response is guided by an evaluation of the facts associated with the non-compliance as defined in the SRRP.

5.3 Issuing NOVs under the AMP regime for violations of designated provisions of the SFCA and SFCR

CFIA personnel trained and designated to issue NOVs for violations of the Health of Animals Act, Plant Protection Act, MIA and their regulations are responsible for issuing NOVs associated to the SFCA and SFCR. This does not include inspectors trained and designated to issue NOVs under a single inspection program. The CFIA will not be tasking frontline inspectors with issuing NOVs related to the SFCA and SFCR.

5.4 Resources Available for enforcement related inquiries

Inspection staff requiring immediate enforcement information or support related to the SFCA and SFCR should contact their established regional or area CFIA enforcement support network.

Inspection staff with general inquiries related to this operational guidance should follow established communication channels, including submitting an electronic Request for Action Form (e-RAF).