Canadian Food Inspection Agency Act (S.C. 1997, c. 6)

Establishment of Federal-Provincial Corporations

Marginal note:Federal-provincial agreements

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.

Marginal note:Object of agreements

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 Not-for-profit Corporations Act or an equivalent provincial statute, or to acquire shares or participate in any corporation, in order to implement the agreement.

Corporate Business Plan and Annual Report

Marginal note:Corporate business plan

• 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.

• Marginal note:Contents of corporate business plan

  (2) The corporate business plan must include a statement of

  • (a) the Agency’s objectives for the period to which the plan relates and for each year in that period;

  • (b) the strategies that the Agency intends to use to achieve its objectives, including operational, financial and human resource strategies;

  • (c) the Agency’s expected performance over that period; and

  • (d) the Agency’s operating and capital budgets for each year of that period.

• Marginal note:Updating of corporate business plan

  (3) The Agency may update its corporate business plan in its annual report.

Marginal note:Annual report

• 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.

• Marginal note:Form and contents

  (2) The annual report must include

  • (a) the financial statements of the Agency;

  • (b) information about the Agency’s performance with respect to the objectives established in the corporate business plan; and

  • (c) any other information that the Minister or the Treasury Board may require to be included in it.

Fees and Expenditures

Marginal note:Fees for services or use of facilities

• 24 (1) Subject to the regulations, the Minister may fix the fees to be paid for a service or the use of a facility provided by the Agency.

• Marginal note:Amount not to exceed cost

  (2) Fees fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Fees for products, rights and privileges

25 Subject to the regulations, the Minister may fix fees in respect of products, rights and privileges provided by the Agency.

Marginal note:Service Fees Act

• 25.1 (1) Sections 3 to 15 of the Service Fees Act do not apply to a fee fixed under section 24 for a service or the use of a facility provided by the Agency under the Safe Food for Canadians Act or to a fee fixed under section 25 in respect of products, rights and privileges provided by the Agency under that Act.

• Marginal note:Application of sections 16 to 18

  (2) Despite subsection 22(1) of the Service Fees Act, sections 16 to 18 of that Act apply to a low-materiality fee within the meaning of that Act that is fixed under section 24 for a service or the use of a facility provided by the Agency under the Safe Food for Canadians Act or that is fixed under section 25 in respect of products, rights and privileges provided by the Agency under the Safe Food for Canadians Act.

Marginal note:Consultation

• 26 (1) Before fixing a fee under section 24 or 25, the Minister must consult with any persons or organizations that the Minister considers to be interested in the matter.

• Marginal note:Publication

  (2) The Minister must publish any fee fixed under section 24 or 25 in the Canada Gazette within thirty days after fixing it.

• Marginal note:Reference to Committee

  (3) Any fee fixed under section 24 or 25 stands permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act, to be reviewed and scrutinized as if it were a statutory instrument.

Marginal note:Regulations

27 The Treasury Board may make regulations for the purposes of sections 24 to 26.

Marginal note:Collection of fees

28 The Agency may enter into an agreement with any person, provincial government or other authority respecting the collection of fees fixed under this Act or any other Act that the Agency enforces or administers by virtue of subsection 11(1) and, notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing that person, government or authority to withhold amounts from those fees.

Marginal note:Remission of fees

• 29 (1) The Minister may remit all or part of any fee fixed under section 24 or 25 or under any Act that the Agency enforces or administers by virtue of subsection 11(1), and the interest on it.

• Marginal note:Non-payment of fees

  (2) The Minister may withdraw or withhold a service, use of a facility, a product or conferral of a right or privilege within the responsibilities of the Agency, from any person who fails to pay the fee fixed for it if, in the Minister’s opinion, it is consistent with public health and safety.

Marginal note:Expenditure

30 In carrying out its responsibilities, the Agency may spend money that Parliament appropriates to it and revenues received by it through the conduct of its operations, including

• (a) payments for the sale, exchange, lease, loan, transfer or other disposition of personal or movable property;

• (a.1) payments for the sale, lease or other disposition or transfer of real or immovable property;

• (b) fees for the provision of a service or use of a facility or for a product, right or privilege; and

• (c) refunds of expenditures made in the previous fiscal year.

Accounting

Marginal note:Books and records

31 The Agency must keep books of account and records prepared according to generally accepted accounting principles.

32 [Repealed, 2012, c. 19, s. 188]

Transitional Provisions

Marginal note:Appropriation Act

32.1 The provisions made by any appropriation Act for the fiscal year in which this section comes into force or a subsequent fiscal year, based on the Estimates for that year, to defray the charges and expenses of the public service of Canada within the Departments of Agriculture and Agri-Food, Fisheries and Oceans and Health in relation to any matter for which the Agency is responsible by virtue of section 11 are deemed to be an amount appropriated for defraying the charges and expenses of the Canadian Food Inspection Agency in such amount as the Treasury Board may, on the recommendations of the Ministers of Agriculture and Agri-Food, Fisheries and Oceans and Health, determine.

Marginal note:Agency employees continued

• 33 (1) On the coming into force of subsection 13(1), employees deployed to the Agency, or appointed to it by the Public Service Commission, are deemed to have been appointed by the President and continue to be employed by the Agency with the same tenure of office.

• Marginal note:Pending competitions and appointments

  (2) On the coming into force of subsection 13(1), a competition being conducted or an appointment being made under the Public Service Employment Act shall continue to be conducted or made as if that section had not come into force.

Marginal note:Eligibility lists

34 An eligibility list made under the Public Service Employment Act that is valid on the coming into force of subsection 13(1) of this Act continues to be valid for the period provided for by subsection 17(2) of that Act, but that period may not be extended.

Marginal note:Pending appeals

• 35 (1) An appeal commenced under section 21 of the Public Service Employment Act and not finally disposed of on the coming into force of subsection 13(1) of this Act shall be dealt with and disposed of in accordance with that Act as if that subsection had not come into force.

• Marginal note:Other recourse

  (2) Any recourse commenced under the Public Service Employment Act that has not been finally dealt with on the coming into force of subsection 13(1) of this Act shall be dealt with and disposed of in accordance with that Act as if that subsection had not come into force.

Marginal note:Designations continued

36 Every inspector, analyst, grader, veterinary inspector or other officer appointed or designated under an Act referred to in section 11 to enforce or administer any Act or provision that the Agency enforces or administers by virtue of that section is deemed to be designated by the President under subsection 13(3), according to the terms of the original designation or appointment.

Consequential Amendments

37 to 89 [Amendments]

Conditional Amendments

90 and 91 [Amendments]

Repeal

92 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*93 This Act, or any provision of this Act, or any provision of any Act enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act, except subsection 13(1) and section 31, in force April 1, 1997, see SI/97-37; subsection 13(1) in force April 1, 1998, see SI/97-122; section 31 in force March 31, 2000, see SI/2000-21.]