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T-4- 95 - Signing Authority, Delegated Representatives and Canadian Agents

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Effective October 26, 2020, the amended Fertilizers Regulations are in force. Regulated parties can comply with either the "new" regulations or the "old" regulations for a period of 3 years. This applies to the manufacture, sale, import or export of fertilizers and supplements regulated under the Fertilizers Act.

New regulatory requirements (as of October 26, 2020)

1. Purpose

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 two methods to designate an individual(s) to sign for registration:

  1. 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.
  2. 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 provided to the Fertilizer Safety Section and the individual must complete and sign the appropriate section of the Fertilizer or Supplement Registration Application form (CFIA/ACIA 5919). 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. Further information regarding My CFIA enrolment and specific administrative requirements can be found on the CFIA web page 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
c/o Pre-market Application Submissions Office (PASO)
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, ON K1A 0Y9
Canada
Phone: 1-855-212-7695
Fax: 613-773-7115
Email: cfia.paso-bpdpm.acia@inspection.gc.ca

Old regulatory requirements (until October 26, 2023)

Before proceeding with the approval process, a product proponent must provide the Fertilizer Safety Section with signing authority as outlined below.

Corporations

A corporation may choose either of the following two methods to designate an individual(s) to sign for registration:

  1. Supply the Fertilizer Safety Section 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.
  2. Alternatively, the CFIA will also accept a letter under the Corporate Seal of the Company, signed by an individual with signing authority, identifying the persons 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 Fertilizer Safety Section on matters relating to product registration, re-registration or approval, but may not sign application forms on behalf of the corporation.

Partnerships and Sole Proprietorships

In the case of partnerships or sole proprietorships, evidence must be supplied that the firm 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.

Resident Canadian Agents

As set out in the Fertilizers Regulations, where an application is made by an applicant who is not resident in Canada, the fertilizer or supplement to which the application relates is not eligible for registration unless the application is also signed by an agent of the applicant who is permanently resident in Canada and to whom any notice or correspondence under the Act may be sent and such agent gives an undertaking to the President of the Agency.

A Canadian Agent must be a person, not a company, and this person must be a permanent resident of Canada. An applicant may have more than one Canadian Agent on file. To establish a Resident Canadian Agent, the agent must fill out a Declaration of Resident Canadian Agent (CFIA/ACIA 1194), which must be witnessed and sent to the Fertilizer Safety Section.

A witness can be any non-related person who is above the age of majority in the relevant province and is of sound mind.

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 Fertilizer Safety Section to communicate with the individual regarding the file.

The Fertilizer Safety Section must be advised 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.

If you have any further questions, please contact:

Fertilizer Safety Section
c/o Pre-market Application Submissions Office (PASO)
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, ON K1A 0Y9
Canada
Phone: 1-855-212-7695
Fax: 613-773-7115
Email: cfia.paso-bpdpm.acia@inspection.gc.ca

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