Bill C-60
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An Act to establish the Canadian Food
Inspection Agency and to repeal and
amend other Acts as a consequence
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[Assented to 20th March, 1997]
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| Preamble
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WHEREAS the Government of Canada
wishes to enhance the effectiveness and
efficiency of federal inspection and related
services for food and animal and plant health
by consolidating them;
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WHEREAS the consolidation of those
services under a single food inspection agency
will contribute to consumer protection and
facilitate a more uniform and consistent
approach to safety and quality standards and
risk-based inspection systems;
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WHEREAS the Government of Canada
wishes to have that food inspection agency
deliver those services in a cost effective
manner;
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WHEREAS the Government of Canada
wishes to promote trade and commerce;
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AND WHEREAS the Government of
Canada wishes to pursue a greater degree of
collaboration and consultation between
federal departments and with other orders of
government in this area;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Canadian
Food Inspection Agency Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``Agency'' « Agence »
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``Agency'' means the Canadian Food
Inspection Agency established by section 3.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Agriculture
and Agri-Food.
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ESTABLISHMENT OF THE AGENCY |
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| Establish- ment
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3. There is hereby established a body
corporate called the Canadian Food
Inspection Agency, which may exercise
powers only as an agent of Her Majesty in
right of Canada.
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| Minister
responsible
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4. (1) The Minister is responsible for and
has the overall direction of the Agency.
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| Delegation by
Minister
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(2) The Minister may delegate to any person
any power, duty or function conferred on the
Minister under this Act or any Act or provision
that the Agency enforces or administers by
virtue of section 11, except the power to make
regulations and the power to delegate under
this subsection.
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ORGANIZATION AND HEAD OFFICE |
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| Appointment
of Agency
executives
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5. The Governor in Council shall appoint a
President and an Executive Vice-president of
the Agency to hold office during pleasure for
a term not exceeding five years, which term
may be renewed for one or more further terms.
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| President's
powers
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6. (1) The President is chief executive
officer of the Agency and has supervision over
and direction of its work and staff. The
President has the rank and all the powers of a
deputy head of a Department.
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| Executive
Vice- president's powers
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(2) The Executive Vice-president shall
exercise such powers and perform such duties
and functions as the President may assign and
shall act as President if that office is vacant or
if the President is absent or incapacitated.
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| Delegation by
President
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7. The President may delegate to any person
any power, duty or function conferred on the
President under this Act or any other
enactment.
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| Remunera- tion
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8. The President and Executive
Vice-president shall be paid such
remuneration as is fixed by the Governor in
Council.
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| Head office
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9. The head office of the Agency shall be in
the National Capital Region, as described in
the schedule to the National Capital Act.
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ADVISORY BOARD |
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| Appointment
of members
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10. (1) The Minister shall appoint an
advisory board of not more than twelve
members to hold office during pleasure for a
term not exceeding three years, which term
may be renewed for one or more further terms.
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| Role of
advisory
board
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(2) The board shall advise the Minister on
any matter within the responsibilities of the
Agency.
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| Represen- tation
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(3) The Minister may appoint any person
with relevant knowledge or experience to the
advisory board, including persons from the
agriculture, fisheries, food processing, food
distribution and public health sectors,
consumer groups or provincial or municipal
governments.
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| Chairperson
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(4) The Minister shall appoint one of the
members as Chairperson of the advisory
board.
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| Fees for
services
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(5) Each member of the advisory board
shall be paid such fees for his or her services
as are fixed by the Minister.
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| Travel and
living
expenses
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(6) Each member of the advisory board
shall be reimbursed for reasonable travel and
living expenses incurred by the member in the
course of performing duties under this Act
while absent from his or her ordinary place of
residence.
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| Meetings
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(7) The Chairperson may determine the
times and places at which the advisory board
will meet.
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RESPONSIBILITIES OF THE AGENCY |
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| Administra- tion and enforcement
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11. (1) The Agency is responsible for the
administration and enforcement of the
Agriculture and Agri-Food Administrative
Monetary Penalties Act, Canada Agricultural
Products Act, Feeds Act, Fertilizers Act, Fish
Inspection Act, Health of Animals Act, Meat
Inspection Act, Plant Breeders' Rights Act,
Plant Protection Act and Seeds Act.
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| Consumer
Packaging
and Labelling
Act
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(2) The Agency is responsible for the
enforcement of the Consumer Packaging and
Labelling Act as it relates to food, as that term
is defined in section 2 of the Food and Drugs
Act.
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| Food and
Drugs Act
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(3) The Agency is responsible for
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| Role of
Minister of
Health
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(4) The Minister of Health is responsible for
establishing policies and standards relating to
the safety and nutritional quality of food sold
in Canada and assessing the effectiveness of
the Agency's activities related to food safety.
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HUMAN RESOURCES |
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| Separate
employer
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12. The Agency is a separate employer
under the Public Service Staff Relations Act.
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| President's
authority to
appoint
employees
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13. (1) The President has the authority to
appoint the employees of the Agency.
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| Terms and
conditions of
employment
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(2) The President may set the terms and
conditions of employment for employees of
the Agency and assign duties to them.
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| Enforcement
officers
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(3) The President may designate any person
or class of persons as inspectors, analysts,
graders, veterinary inspectors or other officers
for the enforcement or administration of any
Act or provision that the Agency enforces or
administers by virtue of section 11, in respect
of any matter referred to in the designation.
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POWERS OF THE AGENCY |
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| Contracts and
agreements
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14. (1) The Agency may enter into
contracts, memoranda of understanding and
other agreements with a department or agency
of the Government of Canada or the
government of a province and with any other
person or organization in the name of Her
Majesty in right of Canada or in its own name.
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| International
arrangements
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(2) In exercising its responsibilities, the
Agency may negotiate and enter into
arrangements for the implementation of
technical requirements for the international
movement of products or other things
regulated under an Act or provision that the
Agency enforces or administers by virtue of
section 11.
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| Legal
proceedings
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15. Actions, suits or other legal proceedings
in respect of any right or obligation acquired
or incurred by the Agency, whether in its own
name or in the name of Her Majesty in right of
Canada, may be brought or taken by or against
the Agency in the name of the Agency in any
court that would have jurisdiction if the
Agency were not an agent of Her Majesty.
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| Choice of
service
providers
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16. Notwithstanding section 9 of the
Department of Public Works and Government
Services Act, the Agency may, with the
approval of the Governor in Council given on
the recommendation of the Treasury Board,
procure goods and services, including legal
services, from outside the public service of
Canada.
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| Intellectual
property
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17. The Agency may license, sell or
otherwise make available any patent,
copyright, industrial design, trade-mark or
other similar property right that is vested in
Her Majesty in right of Canada under any Act
or provision that the Agency enforces or
administers by virtue of section 11.
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| Interim
injunction
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18. The Agency may apply to a judge of a
court of competent jurisdiction for an interim
injunction enjoining any person from
contravening an Act or provision that the
Agency enforces or administers by virtue of
section 11, whether or not a prosecution has
been instituted in respect of that
contravention.
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RECALL ORDERS |
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| Recall order
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19. (1) Where the Minister believes on
reasonable grounds that a product regulated
under an Act or provision that the Agency
enforces or administers by virtue of section 11
poses a risk to public, animal or plant health,
the Minister may, by notice served on any
person selling, marketing or distributing the
product, order that the product be recalled or
sent to a place designated by the Minister.
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| Contraven- tion of recall order
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(2) Any person who contravenes a recall
order referred to in subsection (1) is guilty of
an offence and liable on summary conviction
to a fine not exceeding $50,000 or to a term of
imprisonment not exceeding six months or to
both.
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| Notification
of order
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(3) For greater certainty, a recall order is not
a statutory instrument for the purposes of the
Statutory Instruments Act, but no person shall
be convicted of an offence under subsection
(2) unless the person was notified of the order.
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ESTABLISHMENT OF FEDERAL-PROVINCIAL CORPORATIONS |
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| Federal- provincial agreements
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20. The Minister may, with the approval of
the Governor in Council given on the
recommendation of the Minister of Finance,
enter into an agreement with one or more
provincial governments for the provision of
services or the carrying out of activities within
the responsibilities of the Agency, in common
with those governments.
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| Object of
agreements
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21. The agreement referred to in section 20
may authorize the Minister, jointly with one or
more provincial governments, to have a
corporation incorporated under the Canada
Business Corporations Act, the Canada
Corporations Act or an equivalent provincial
statute, or to acquire shares or participate in
any corporation, in order to implement the
agreement.
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CORPORATE BUSINESS PLAN AND ANNUAL REPORT |
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| Corporate
business plan
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22. (1) As soon as possible after the Agency
is established and at least once every five
years after that, the Agency must submit a
corporate business plan to the Minister for
approval and the Minister must table a copy of
the plan in each House of Parliament on any of
the first fifteen days on which that House is
sitting after the Minister approves the plan.
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| Contents of
corporate
business plan
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(2) The corporate business plan must
include a statement of
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| Updating of
corporate
business plan
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(3) The Agency may update its corporate
business plan in its annual report.
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| Annual report
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23. (1) The President must, before
September 30 of each year following the
Agency's first full year of operations, submit
an annual report on the operations of the
Agency for the preceding year to the Minister
and the Minister must table a copy of the
report in each House of Parliament on any of
the first fifteen days on which that House is
sitting after the Minister receives the report.
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| Form and
contents
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(2) The annual report must include
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