T-4- 95 – Signing authority, delegated representatives and Canadian agents
The 3 year regulatory transition period (October 26, 2020 to October 26, 2023) has now ended. As a result, regulated parties, including all manufacturers, importers, distributors and sellers of fertilizers and supplements must adhere to the amended Fertilizers Regulations. There are few notable exceptions for some product categories. Learn more about the implementation of the amended Fertilizers Regulations.
The purpose of this document is to outline administrative requirements for establishing:
- signing authority
- delegated representatives and
- Canadian agents
Applicants submitting an application to register a product under the Fertilizers Act and Regulations for the first time will need to establish a company file with the Canadian Food Inspection Agency (CFIA) identifying a list of delegated representatives and those who have signing authority as outlined below.
Registrants who are not a resident in Canada are required to have a Canadian Agent.
The CFIA will only communicate with persons who have signing authority or who are delegated representatives regarding product submissions. This policy is in place to protect companies and their confidential business information.
2. Delegated representatives and signing authority
A corporation may choose either of the following 2 methods to designate an individual(s) to sign for registration:
- Supply the CFIA with a copy of the letters of patent or certificate of incorporation together with a list of current Directors. If the person who will be signing fertilizer or supplement submissions for approval is not a member of the Board of Directors, then a letter must be included from one of the directors authorizing this person to sign fertilizer registrations on behalf of the company.
- Alternatively, the CFIA will also accept a letter under the Corporate Seal of the Company, signed by an individual with signing authority, identifying the person(s) authorized to sign the applications for registration.
Using one of the above methods, a corporation may also appoint a person to be a delegated representative. A delegated representative may correspond with the CFIA on matters relating to product registration, re-registration or any other application made under the Act, but may not sign application forms on behalf of the corporation.
3. Partnerships and sole proprietorships
In the case of partnerships or sole proprietorships, evidence must be supplied that the firm's name is registered under the appropriate provincial legislation. If the person who will be signing the application for approval is not one of the partners or the proprietor, then a letter must be included from one of the partners or the proprietor, authorizing this person to sign applications on behalf of the company.
4. Canadian agents
Registrants who reside outside of Canada are required to have a Canadian Agent who is able to receive any notice or correspondence regarding the application. A Canadian Agent must be a person, not a company, and this person must be a permanent resident in Canada. An applicant may have more than one Canadian Agent on file. To establish a Resident Canadian Agent, the agent's information must be entered into My CFIA (when prompted within the application process). Designation as the Canadian Agent does not automatically mean the person has a signing authority on the file and a separate statement is required to authorize the CFIA to communicate with the individual regarding the file.
5. My CFIA
To be able to submit applications for permissions issued under the Fertilizers Act using the CFIA's digital submission platform, companies and their representatives will need to first enroll in My CFIA. Through My CFIA, businesses can submit fertilizer or supplement applications and check on their status. Enrollment in My CFIA will require a business number, legal business name, business addresses and a completed Proof of Authority Form (CFIA/ACIA 5805). Once the company profile is validated, the Profile Authority can assign roles and authorities, similar to signing authority and delegated representatives, to individual Contact Profiles in My CFIA. Find further information regarding My CFIA enrolment and specific administrative requirements before you sign up for My CFIA.
6. Changes to the information on file
It is imperative that the CFIA be notified immediately of any changes to the signing authority/delegated representative list or Canadian Agent(s). Changes may be completed by any of the above-mentioned methods. This will allow the Agency to protect confidential business information and facilitate ongoing effective communication in regards to the submission.
7. Contact information
Fertilizer Safety Section
Canadian Food Inspection Agency
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