Assented to 1997-03-20
An Act to establish the Canadian Food Inspection Agency and to repeal and amend other Acts as a consequence
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;
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;
WHEREAS the Government of Canada wishes to have that food inspection agency deliver those services in a cost effective manner;
WHEREAS the Government of Canada wishes to promote trade and commerce;
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;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2 The definitions in this section apply in this Act.
Agency means the Canadian Food Inspection Agency established by section 3. (Agence)
Minister means the Minister of Agriculture and Agri-Food. (ministre)
Establishment of the Agency
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.
Marginal note:Minister responsible
Marginal note:Delegation by Minister
(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.
Organization and Head Office
Marginal note:Appointment of Agency executives
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.
Marginal note:President’s powers
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.
Marginal note:Executive Vice-president’s powers
(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.
Marginal note:Delegation by President
7 The President may delegate to any person any power, duty or function conferred on the President under this Act or any other enactment.
8 The President and Executive Vice-president shall be paid such remuneration as is fixed by the Governor in Council.
Marginal note:Head office
Marginal note:Appointment of members
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.
Marginal note:Role of advisory board
(2) The board shall advise the Minister on any matter within the responsibilities of the Agency.
(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.
(4) The Minister shall appoint one of the members as Chairperson of the advisory board.
Marginal note:Fees for services
(5) Each member of the advisory board shall be paid such fees for his or her services as are fixed by the Minister.
Marginal note:Travel and living expenses
(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.
(7) The Chairperson may determine the times and places at which the advisory board will meet.
Responsibilities of the Agency
Marginal note:Administration and enforcement
11 (1) The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Feeds Act, Fertilizers Act, Health of Animals Act, Plant Breeders’ Rights Act, Plant Protection Act, Safe Food for Canadians Act and Seeds Act.
(2) [Repealed, 2012, c. 24, s. 103]
Marginal note:Food and Drugs Act
(3) The Agency is responsible for
(b) the administration of the provisions of the Food and Drugs Act as they relate to food, as defined in section 2 of that Act, except those provisions that relate to public health, safety or nutrition.
Marginal note:Role of Minister of Health
(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.
Marginal note:Role of Canada Border Services Agency
(5) The Canada Border Services Agency is responsible for the enforcement of the program legislation referred to in paragraph (b) of the definition program legislation in section 2 of the Canada Border Services Agency Act as that program legislation relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points other than import service centres.
- 1997, c. 6, s. 11
- 2005, c. 38, s. 53
- 2012, c. 24, s. 103
Marginal note:Separate agency
- 1997, c. 6, s. 12
- 2003, c. 22, s. 135
- 2017, c. 9, s. 55
Marginal note:President’s authority to appoint employees
Marginal note:Terms and conditions of employment
(2) The President may set the terms and conditions of employment for employees of the Agency and assign duties to them.
Marginal note:Enforcement officers
(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.
Powers of the Agency
Marginal note:Contracts and agreements
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.
Marginal note:International arrangements
(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.
Marginal note:Legal proceedings
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.
Marginal note:Choice of service providers
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 federal public administration.
- 1997, c. 6, s. 16
- 2003, c. 22, s. 224(E)
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