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Safe Food for Canadians Regulations (SOR/2018-108)

Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 3Licences

DIVISION 1General

Marginal note:Paragraph 20(1)(a) of Act — import

  •  (1) For the purpose of issuing a licence to import under paragraph 20(1)(a) of the Act, any food is a prescribed food commodity.

  • Marginal note:Paragraph 20(1)(a) of Act — export

    (2) For the purpose of issuing a licence to export under paragraph 20(1)(a) of the Act, any of the following is a prescribed food commodity:

    • (a) any food;

    • (b) any food commodity referred to in paragraph 17(2)(b); and

    • (c) any food commodity referred to in subsection 17(3).

Marginal note:Paragraph 20(1)(b) of Act — import

  •  (1) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food is a prescribed food commodity that has been imported, and the storing and handling of a food in its imported condition for the purpose of the exercise of an inspector’s powers under the Act are prescribed activities in respect of that prescribed food commodity.

  • Marginal note:Paragraph 20(1)(b) of Act — interprovincial trade

    (2) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food and any food animal are the prescribed food commodities that are to be sent or conveyed from one province to another, and the following activities are prescribed activities in respect of those prescribed food commodities:

    • (a) in the case of a food, manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

    • (b) in the case of a food animal, slaughtering.

  • Marginal note:Paragraph 20(1)(b) of Act — export

    (3) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food, any food animal, any food commodity referred to in paragraph 17(2)(b) and any food commodity referred to in subsection 17(3) are prescribed food commodities that are to be exported, and the following activities are prescribed activities in respect of those prescribed food commodities:

    • (a) in the case of a food, a food commodity referred to in paragraph 17(2)(b) and a food commodity referred to in subsection 17(3), manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

    • (b) in the case of a food animal, slaughtering.

Marginal note:Application for issuance, renewal or amendment

  •  (1) An application for the issuance, renewal or amendment of a licence must be made to the Minister in a form approved by the President.

  • Marginal note:Application — food animals and meat products

    (2) An application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition must include at least one proposed work shift for each establishment where the activity is conducted.

  • Marginal note:Work shift

    (3) A work shift must be

    • (a) in the case of slaughtering, a work shift during which no inspection station referred to in subsection 41(1) is operated for more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times; and

    • (b) in the case of manufacturing, processing, treating, preserving, grading, packaging or labelling a meat product or storing and handling an edible meat product in its imported condition, a work shift during which those activities are conducted

      • (i) for not more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times, or

      • (ii) between 6:00 a.m. and 6:00 p.m.

Marginal note:Conditions — issuance, renewal or amendment

  •  (1) The Minister may issue, renew or amend a licence if

    • (a) in the case of an application for the issuance of a licence, the applicant is not in default of payment of any fee related to the Act that is fixed under the Canadian Food Inspection Agency Act;

    • (b) the applicant, whether or not they are a licence holder conducting the activity in respect of which the application for the issuance, renewal or amendment of the licence is made,

      • (i) in the case of a licence in respect of a food, meets the applicable requirements of Part 4, and

      • (ii) in the case of a licence in respect of a food commodity referred to in paragraph 17(2)(b) or subsection 17(3), meets the applicable requirements of Part 4 — other than Division 3 — as if the food commodity were a food;

    • (c) in the case of an application for the issuance, renewal or amendment of a licence to import, the applicant carries on business related to the food in respect of which the application is made from a fixed place of business that is in

      • (i) Canada, or

      • (ii) a foreign state that has an inspection system described in subparagraph 12(1)(a)(i) or a food safety system described in subparagraph 12(1)(a)(ii);

    • (d) in the case of an application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition, a work shift has been approved by the President for each establishment where the activity is conducted;

    • (e) the information submitted in the application is complete, truthful and not misleading; and

    • (f) the Minister is of the opinion, on the basis of the information that was made available to him or her, that the conduct of the activity in respect of which the application for the issuance, renewal or amendment of the licence is made does not present a risk of injury to human health.

  • Marginal note:Renewal of suspended licence

    (2) Despite paragraph (1)(b), the Minister may renew a suspended licence if the requirements of subsection (1), other than any requirements whose contravention forms the grounds of the suspension, are met. However, the suspension of the licence remains in effect.

Marginal note:Refusal — issuance, renewal or amendment

 The Minister may refuse to issue, renew or amend a licence if

  • (a) in the five years before the day on which the application is made, the applicant or any of their directors or officers

    • (i) have had a licence suspended or cancelled, or

    • (ii) have been convicted of an offence under the Act or the Food and Drugs Act; or

  • (b) in the case of an application for the renewal or amendment of a licence, the applicant is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act.

Marginal note:Establishment

  •  (1) A licence holder must conduct the activities that are identified in their licence, other than importing and exporting, in the establishment that is identified in the licence for the activities.

  • Marginal note:Work shift

    (2) Subject to subsection (3) and unless otherwise authorized by an inspector, the activities that are conducted in respect of a food animal or meat product must be conducted during a work shift approved by the President and during which inspection services are provided in accordance with Division 2.

  • Marginal note:Exception — ante-mortem examination

    (3) In the case of the slaughtering of a food animal, the ante-mortem examination may be conducted outside a work shift.

Marginal note:Amendment of licence — inability to conduct activity

  •  (1) If a licence holder is unable to conduct an activity that is identified in their licence in one of the establishments that are identified in the licence, the Minister may amend the licence to remove the authorization to conduct that activity in that establishment.

  • Marginal note:Written notice

    (2) The Minister must notify the licence holder in writing of the amendment and the date on which it takes effect.

Marginal note:Expiry

  •  (1) A licence expires two years after the date of issuance or renewal that is specified in it, unless the licence is cancelled before that date.

  • Marginal note:Expiry — amendment

    (2) If the Minister amends a licence, its expiry date remains unchanged.

 
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