Improved Food Inspection Model
Final Model
Annex D: Compliance and enforcement: range of possible responses

The following is a list of the CFIA's possible responses to incidents of non-compliance, listed in no particular order of magnitude. This list is not comprehensive and more than one response may be used in any given situation.

a. Inspection

An assessment and verification of compliance of the regulated party to Acts or regulations administered or enforced by the CFIA.

b. Refusal to issue export certificate/documents

The Minister may refuse to issue export documents if the regulated party's export controls outlined in the preventive control plan were not effective or the food commodity did not comply with other federal legislative requirements or the requirements of the importing country. In these cases, the CFIA may consider lot-by-lot inspection to check for compliance.

c. Start or stop activities

If critical non-compliance were to be found during an inspection, the inspector may order any person who conducts an activity regulated under the SFCA to start or stop the activity.

d. Seizure and detention

Seizure and detention allow the CFIA to control anything that the inspector has reasonable grounds to believe was used or obtained in contravention of any provision of the SFCA or the regulations. For example, a food commodity can be seized and detained until:

• the food commodity is brought into compliance,
• the court or AMP proceedings are complete, or
• it is ordered returned by the Tribunal or court.

e. Removal or destruction order

If an importer does not possess a valid licence or if an imported food commodity does not comply with legislative requirements or is imported illegally, the inspector may order the food commodity removed from Canada, or if removal is not possible, destroyed.

f. Corrective action request

A corrective action request is an inspection document that the CFIA issues to a regulated party in cases of serious or critical non-compliance. The corrective action request requires the regulated party to undertake a corrective action and to implement corrective measures within a defined timeframe.

g. Meeting with the regulated party

If non-compliance is not resolved, a meeting may be held with the regulated party to discuss the need to apply corrective actions, set timelines and outline possible further action if the non-compliance were to remain unresolved.

h. Notice of non-compliance

The regulated party may be sent a notice of non-compliance if he/she has failed to respond to the CFIA's corrective action request and further enforcement action is being considered.

i. Publication of non-compliance

Compliance and enforcement actions may be published on the CFIA website.

j. Dispose

A food commodity (or anything) that has been seized under the SFCA may be ordered disposed of if the thing is perishable or it presents a risk of injury to human health and its disposal is necessary to respond to the risk.

A seized product may also be disposed of or destroyed if it has been forfeited or if the regulated party consents to its disposal.

k. Injunction

On application by the Minister, the court may order a person to stop doing an activity that may be in violation of the SFCA, or start an activity to prevent the commission of an offence under this Act. Under section 18 of the Canadian Food Inspection Agency Act, the CFIA may apply to a court of competent jurisdiction for an interim injunction.

l. Recall

Recalling a product would be appropriate when there are reasonable grounds to believe the regulated product poses a risk to the public or animal or plant health. If the regulated party were to refuse to initiate a recall of the product, a recall order may be issued pursuant to section 19 of the Canadian Food Inspection Agency Act, which provides that: "the Minister may, by notice served on any person selling, marketing or distributing the product, order that the product be recalled or sent to a place designated by the Minister."

m. Actions taken with regard to licences

A licence may be suspended and/or cancelled if the licence holder does not comply with the regulatory requirements or conditions of the licence. Refer to the licensing section (Section 2) for a list of grounds and more details.

Furthermore, the Minister may make a licence subject to any additional conditions that he/she considers appropriate.

n. AMPs

Under consideration and will be consulted on during the food regulatory modernization initiative.

o. Recommendation to prosecute

The Public Prosecution Service of Canada (PPSC) has the responsibility for all prosecutions relating to legislation enforced by the CFIA. If the CFIA were to conclude that prosecution is the most appropriate response, briefs of evidence would be forwarded to the PPSC with the recommendation that charges be laid. The PPSC would then decide whether to initiate prosecution.

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