Safe Food for Canadians Act (S.C. 2012, c. 24)

Marginal note:Proof — establishment

45 In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the establishment where the food commodity was manufactured, prepared, stored, packaged or labelled is proof, in the absence of evidence to the contrary, that the food commodity was manufactured, prepared, stored, packaged or labelled at that establishment.

General

Disclosure of Information

Marginal note:Disclosure to public

46 The Minister may, in the prescribed circumstances, disclose to the public, without the consent of the person to whom the information relates, any personal information or confidential business information that is obtained under this Act.

Marginal note:Disclosure — risk or recall

• 47 (1) The Minister may disclose to a person or government, without the consent of the person to whom the information relates, any personal information or confidential business information if the Minister considers that the disclosure is necessary

  • (a) to identify or respond to a risk of injury to human health associated with a food commodity; or

  • (b) for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act, including for monitoring the conduct of the recall or its effectiveness.

• Definition of government

  (2) In subsection (1), government means

  • (a) any portion of the federal public administration; or

  • (b) any of the following or its institutions:

    • (i) the government of a province,

    • (ii) a public body established under an Act of the legislature of a province,

    • (iii) an aboriginal government as defined in subsection 13(3) of the Access to Information Act,

    • (iv) the government of a foreign state or of a subdivision of a foreign state, and

    • (v) an international organization, or association, of states.

Export Certificates

Marginal note:Export certificates

48 The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any food commodity.

Samples

Marginal note:Disposition of samples

49 A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate.

Intellectual Property

Marginal note:Inspection marks and grade names

50 Every inspection mark and grade name is a trademark and the exclusive property in the trademark and, subject to this Act, the right to its use are vested in Her Majesty in right of Canada.

Regulations

Marginal note:Governor in Council

• 51 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations

  • (a) respecting, for the purposes of subsection 6(1), what is or is not false, misleading or deceptive or is or is not likely to create an erroneous impression;

  • (b) prescribing grades and standards for any food commodity, including standards for the composition, purity or quality of a food commodity;

  • (c) prescribing inspection marks and grade names in respect of any food commodity and regulating their application or use;

  • (d) respecting or prohibiting the manufacturing, preparing, storing, packaging, labelling, selling or advertising of any food commodity;

  • (e) respecting or prohibiting the sending or conveying, from one province to another, or the importation or exportation of any food commodity;

  • (e.1) respecting or prohibiting the purchasing or receiving of any fresh fruit or vegetable that is imported or that is sent or conveyed from one province to another;

  • (f) specifying criteria for determining whether an activity is carried out solely for personal use and specifying activities to which section 19 does not apply;

  • (g) respecting quality management programs, quality control programs, safety programs or preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

  • (h) respecting, in relation to establishments where any activity regulated under this Act is conducted, the equipment and facilities to be used, the procedures to be followed and the standards to be maintained for the humane treatment and slaughter of animals;

  • (i) respecting the design, construction, hygiene, sanitation and maintenance of

    • (i) establishments where any activity regulated under this Act is conducted,

    • (ii) the equipment and facilities in those establishments, or

    • (iii) conveyances and equipment used in connection with any activity regulated under this Act;

  • (j) respecting the operation of establishments where any activity regulated under this Act is conducted;

  • (k) respecting

    • (i) the registration of persons, or the issuing of licences to persons, under section 20 or the registration of establishments under section 21,

    • (ii) the suspension, cancellation and renewal of those licences and registrations, and

    • (iii) the amendment of those licences and registrations or of any of the conditions to which they are subject by reason of subsection 20(3) or 21(4);

  • (l) requiring holders of a registration made under subsection 20(1) or 21(1) and holders of a licence issued under subsection 20(1) to post bonds or to provide suretyships, or to provide other security satisfactory to the Minister, as a guarantee that they will comply with the conditions of the registration or licence, as the case may be, and providing for the realization of the bonds, suretyships or other security if they fail to comply with the conditions;

  • (m) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, them, and respecting

    • (i) the information in those documents,

    • (ii) the manner in which they are to be prepared, kept or maintained,

    • (iii) the place where they are to be kept or maintained, and

    • (iv) the manner in which they are to be provided or access to them is to be provided;

  • (n) requiring persons to take or keep samples of any food commodity, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

  • (o) respecting the provision of anything, other than a document and a sample, that is required to be provided under this Act;

  • (p) respecting the exercise of powers, or the performance of duties or functions, under this Act;

  • (q) respecting the issuance of certificates that establish that an item to which this Act applies, or that an establishment where any activity regulated under this Act is conducted, meets the requirements of the regulations;

  • (r) respecting the issuance of certificates or other documents for the purpose of section 48;

  • (s) respecting the accreditation of persons, bodies, facilities or laboratories in Canada and elsewhere and the recognition of their activities or findings;

  • (t) respecting the recognition of systems of inspection, certification, manufacturing, preparation, storage, packaging, labelling or testing;

  • (u) respecting the certification of any food commodity as having a specified character, quality, value, composition or origin or as having been manufactured or prepared in a specified manner and the establishment and operation of systems for such certification;

  • (v) respecting the traceability of any food commodity, including regulations requiring persons to establish systems to

    • (i) identify the food commodity,

    • (ii) determine its places of departure and destination and its location as it moves between those places, or

    • (iii) provide information to persons who could be affected by it;

  • (w) exempting, or permitting the Minister to exempt, with or without conditions, any item to which this Act applies, or a person or activity in respect of a food commodity, from the application of this Act or the regulations or a provision of this Act or the regulations;

  • (x) respecting the measures to be taken in respect of items to which this Act applies that present a risk of injury to human health or that are in contravention of any provision of this Act or the regulations, or that are suspected on reasonable grounds of presenting such a risk or being in contravention of any such provision; and

  • (y) prescribing anything that by this Act is to be prescribed.

• Marginal note:Paragraph (1)(e)

  (2) Regulations made under paragraph (1)(e) may, among other things, establish pre-clearance or in-transit requirements for any imported food commodity or anything imported with it.

• Marginal note:Paragraphs (1)(d) to (e.1)

  (2.1) Regulations made under paragraph (1)(d), (e) or (e.1) in respect of any fresh fruit or vegetable may, among other things, require a person to be a member of an entity or organization specified in the regulations.

• Marginal note:Paragraph (1)(m)

  (3) Regulations made under paragraph (1)(m) may, among other things, require the provision to the Minister or an inspector of written notice by persons who conduct any activity regulated under this Act who become aware that a food commodity presents or is likely to present a risk of injury to human health or does not meet the requirements of the regulations.

• Marginal note:Paragraph (1)(w)

  (4) Regulations made under paragraph (1)(w) that permit the Minister to make exemptions must provide that he or she may do so only if he or she is of the opinion that no risk of injury to human health will result.

Incorporation by Reference

Marginal note:Incorporation by reference

52 A regulation made under subsection 51(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

Marginal note:Accessibility

53 The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 51(1), including any amendments to the document, is accessible.

Marginal note:Defence

54 A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 51(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by section 53 or it was otherwise accessible to the person.

Marginal note:No registration or publication

55 For greater certainty, a document that is incorporated by reference in a regulation made under subsection 51(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Interim Orders

Marginal note:Interim orders

• 56 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under subsection 51(1) if he or she believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

• Marginal note:Cessation of effect

  (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

  • (a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) the day on which a regulation made under subsection 51(1) that has the same effect as the interim order comes into force, and

  • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

• Marginal note:Contravention of unpublished order

  (3) A person is not to be determined to have committed a violation, or to be convicted of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention,

  • (a) the person had been notified of the interim order; or

  • (b) reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

• Marginal note:Statutory Instruments Act

  (4) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.

• Marginal note:Presumption

  (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under subsection 51(1) is considered to include interim orders, and any reference to a regulation made under a specified provision of that subsection is considered to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

• Marginal note:Tabling of order

  (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after the day on which it is made. It is to be sent to the Clerk of the House if the House is not sitting.