Feeds Regulations, 2024 (SOR/2024-132)

Evaluation and Decision of Minister

Marginal note:Approval or registration of feed

• 8 (1) Once an application for approval or registration of a feed under subsection 7(1) is evaluated, the Minister must approve or register the feed if the following requirements are met:

  • (a) the elements referred to in subsections 7(2) to (6), as applicable, have been provided to the Minister;

  • (b) the applicant has submitted to the Minister a label that complies with the requirements of these Regulations; and

  • (c) the feed is found to be in compliance with the Act and these Regulations.

• Marginal note:Evaluation of risk

  (2) For the purposes of paragraph (1)(c), the Minister must evaluate the risk of harm presented by the feed to human or animal health or the environment, including whether the feed is toxic or capable of becoming toxic.

• Marginal note:Toxic feed

  (3) A feed is toxic or capable of becoming toxic if it enters or may enter the environment in a quantity or concentration or under conditions that

  • (a) have or may have a harmful effect on the environment;

  • (b) constitute or may constitute a danger to the environment on which human or animal life depends; or

  • (c) constitute or may constitute a danger in Canada to human or animal life or health.

• Marginal note:Notice of refusal

  (4) If the requirements set out in subsection (1) are not met, the Minister must notify the applicant in writing of the refusal to approve or register the feed and provide the reasons for the refusal.

Approval — Listing and Cancellation

Marginal note:Notice of approval

• 9 (1) If a feed is approved by the Minister under section 8, a written notice confirming that approval has been given and specifying the purpose for which it is given must be provided to the applicant.

• Marginal note:Listing in Canadian Feed Ingredients Table

  (2) If a feed is approved by the Minister, other than a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes,

  • (a) the feed must be listed in the Canadian Feed Ingredients Table as a single ingredient feed and accompanied by a description; or

  • (b) if the feed is already listed in that Table, it must be accompanied by a new description.

• Marginal note:Registration resulting from approval

  (3) If a feed is approved and listed in Part 2 of the Canadian Feed Ingredients Table, it must be registered under section 8.

Marginal note:Cancellation

• 10 (1) Subject to subsections (2) to (5), the Minister may cancel the approval of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes if there are reasonable grounds to believe that, in respect of that feed, there has been a contravention of the Act or these Regulations.

• Marginal note:Factors

  (2) In deciding whether to cancel an approval, the Minister must take into account the following factors:

  • (a) whether cancellation of the approval is necessary in order to respond to a risk of harm to human or animal health or the environment;

  • (b) whether cancellation of the approval is unnecessary because corrective action has been taken or is expected to be taken in a timely manner without risk of harm to human or animal health or the environment; and

  • (c) whether there have been contraventions of the Act or these Regulations in the past in respect of the feed.

• Marginal note:Conditions for cancellation

  (3) The Minister may cancel an approval only if a written notice has been provided to the holder of the approval that

  • (a) sets out the grounds for the cancellation and the period within which corrective action must be taken in order to avoid the cancellation of the approval; and

  • (b) specifies that the holder of the approval must, within 30 calendar days after the date of mailing of the notice, notify the Minister in writing that they wish to have an opportunity to be heard respecting the cancellation.

• Marginal note:Notice of hearing

  (4) Within 30 calendar days after the day on which the Minister receives the notice that the holder of the approval wishes to have an opportunity to be heard, the Minister must notify the holder of the approval in writing of the time and place of the hearing.

• Marginal note:Grounds for cancellation

  (5) The Minister must not cancel the approval unless

  • (a) the holder of the approval has been provided with an opportunity to be heard in respect of the proposed cancellation; and

  • (b) the holder of the approval has failed to take corrective action in respect of the feed within the period set out by the Minister in the notice provided under paragraph (3)(a) or within any longer period that is granted by the Minister at the hearing.

• Marginal note:Notice of cancellation

  (6) The Minister must notify the holder of the approval in writing of the cancellation of the approval and the date on which it takes effect.

Registration — Number, Certificate and Cancellation

Marginal note:Assignment and issuance

11 If a feed is registered by the Minister under section 8, a registration number must be assigned to that feed and a registration certificate must be issued to the applicant.

Marginal note:Use of registration number

• 12 (1) It is prohibited for any person to use a registration number assigned to a feed unless they are the registrant of the feed.

• Marginal note:False registration number

  (2) It is prohibited for any person to use a false registration number in respect of any feed.

Marginal note:Expiration of registration

13 A registration expires on the date indicated on the registration certificate.

Marginal note:Surrender of certificate

14 A registrant may surrender a registration certificate by submitting a written notice to the Minister; the registration becomes invalid as of the day on which the notice is received by the Minister.

Marginal note:Cancellation of registration

• 15 (1) Subject to subsections (2) to (5), the Minister may cancel a registration in respect of a feed if there are reasonable grounds to believe that, in respect of that feed, there has been a contravention of the Act or these Regulations.

• Marginal note:Factors

  (2) In deciding whether to cancel a registration, the Minister must take into account the following factors:

  • (a) whether cancellation of the registration is necessary in order to respond to a risk of harm to human or animal health or the environment;

  • (b) whether cancellation of the registration is unnecessary because corrective action has been taken or is expected to be taken in a timely manner without risk of harm to human or animal health or the environment; and

  • (c) whether there have been contraventions of the Act or these Regulations in the past in respect of the feed.

• Marginal note:Conditions for cancellation

  (3) The Minister may cancel a registration only if a written notice has been provided to the registrant that

  • (a) sets out the grounds for the cancellation and the period within which corrective action must be taken in order to avoid the cancellation of the registration; and

  • (b) specifies that the registrant must, within 30 calendar days after the date of mailing of the notice, notify the Minister in writing that the registrant wishes to have an opportunity to be heard respecting the cancellation.

• Marginal note:Notice of hearing

  (4) Within 30 calendar days after the day on which the Minister receives the notice that the registrant wishes to have an opportunity to be heard, the Minister must notify the registrant in writing of the time and place of the hearing.

• Marginal note:Grounds for cancellation

  (5) The Minister must not cancel the registration unless

  • (a) the registrant has been provided with an opportunity to be heard in respect of the proposed cancellation; and

  • (b) the registrant has failed to take corrective action in respect of the feed within the period set out by the Minister in the notice provided under paragraph (3)(a) or within any longer period that is granted by the Minister at the hearing.

• Marginal note:Notice of cancellation

  (6) The Minister must notify the registrant in writing of the cancellation of the registration and the date on which it takes effect. The registration certificate becomes invalid as of that day.

Renewal or Amendment

Marginal note:Application for renewal or amendment

• 16 (1) Any application to renew or amend an approval or a registration must be made to the Minister in the same manner as an application for approval or for registration referred to in section 7 and is considered to be an application for approval or for registration for the purposes of these Regulations.

• Marginal note:No change in respect of a feed

  (2) A holder of the approval or a registrant must not make a change in respect of an approved or registered feed unless the approval or registration of the feed has been amended by the Minister.

New Information

Marginal note:Provision to Minister

• 17 (1) If, after approval or registration of a feed, a person becomes aware of any new information that the feed may present a risk of harm to human or animal health or the environment, the person must immediately provide the new information to the Minister.

• Marginal note:Evaluation and decision

  (2) If, on the basis of the new information, the Minister determines, in re-evaluating the feed,

  • (a) that it does not present a risk of harm to human or animal health or the environment, the Minister must maintain the approval or registration of the feed; or

  • (b) that it presents a risk of harm to human or animal health or the environment, the Minister must

    • (i) in the case of a feed that has been approved, other than a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, amend the description of the feed in the Canadian Feed Ingredients Table to respond to the risk, or remove the feed from that Table, in which case the feed is no longer approved under subsection 8(1),

    • (ii) in the case of a feed that has been approved for research or experimental purposes by or for a government, academic or private research establishment, cancel the approval in accordance with section 10, or

    • (iii) in the case of a feed that has been registered, cancel the registration in accordance with section 15.

• Marginal note:Notice of amendment

  (3) The Minister must give public notice of the determination under subparagraph (2)(b)(i) to amend the description of the feed in the Canadian Feed Ingredients Table or remove the feed from that Table and the date on which the amendment or removal takes effect.

Licences

Prescribed Feeds and Activities

Issuance, Renewal and Amendment