Integrated Agency Inspection Model – Consultation Draft (December 4, 2013)
Annex A: Permissions processes

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The following provides additional information on the approach for permissions.

Note: Below is an example of the type of information the CFIA expects to request from regulated parties to support risk management.

In order to obtain a licence, an applicant must

  • develop, implement, and maintain a written preventive control plan to meet regulatory requirements, (if required)
  • complete an application, and
  • pay the licence fee.

An applicant for a licence will be required to attest to having implemented a preventive control plan (if required) that is commensurate to the nature of his or her operations and meets the criteria set out in Section 3 and Annex B as applicable.

Applying for / obtaining a permission

Applicants for a permission must submit the following information to the CFIA:

  1. Application status (applicant checks the option that applies)
    1. new
    2. amendment
    3. renewal
  2. Contact and legal information (all relevant fields must be completed)
    • business name and operating name
      • copies of the applicant's articles of incorporation or provincial registration, if any
    • legal (civic) address (physical location) in Canada
      • all physical location(s) covered under the licence in Canada
      • GPS location, if needed, to ensure accurate site/field/animal identification
      • Provincial Premises ID
    • mailing address (if different from legal address)
    • address where records will be available (if different from legal address)
    • fax/telephone number, email address, website (if available)
    • name of operator (licence holder)
    • name of primary contact person at each physical location
    • name of emergency contact
  3. Business activities information (applicants must check all that apply)
    1. import
    2. export (e.g. facility prepares regulated articles, including food, for export)
    3. operate domestically, such as
      1. interprovincial businesses (e.g. food preparation)
      2. regulated areas (e.g. to control animal disease and plant pests)
      3. high risk facilities (e.g. plant auctions and animal auction yards, research and quarantine facilities, medicated feed manufacturers)
  4. Sub-activities:
    1. without storage / distribution premises
    2. with storage / distribution premises
    3. involved in preparation (includes to grow, process, treat, preserve, handle, test, grade, code, collect, hatch or slaughter or to do any other activity in respect of it that is prescribed)
    4. operations not falling within one of the above categories
  5. Country(ies) of origin or destination if applicable
  6. Operational information:
    • Business status (applicants must check the option(s) that applies)
      1. active
      2. inactive
      3. seasonal (Note: If the business is a seasonal operation, the applicant will be required to notify the CFIA of the planned start and end date for operations and the hours and days of operation for each site)
    • Hours
      • hours of operation
      • days of operation
    • Business size
      • number of employees working in each establishment (ranges will be provided as options)
      • estimates of annual volume of production / number or importations or exportations of commodities (ranges will be provided as options)
  7. Commodity information for each activity covered by the individual licence must be described (e.g. slaughter, food manufacturing, feed manufacturing, mobile artificial insemination).

    Food

    1. Alcoholic beverages
    2. Non-alcoholic beverages
    3. Confectionary, sweeteners, snack foods (containing or not containing nuts), desserts
    4. Dairy
    5. Eggs and egg products
    6. Fats and oils
    7. Fish and seafood
    8. Food chemicals (for example, additives, processing aids)
    9. Fruit and vegetables
    10. Grain-derived foods (for example breakfast cereal, bread and bakery, pasta)
    11. Honey
    12. Infant foods
    13. Maple products
    14. Meat and poultry
    15. Multiple/mixed foods (for example, pizza, frozen meals, sandwiches)
    16. Nuts, grains, seeds
    17. Spices, herbs, flavours, condiments, dressings
    18. Other

    Animal

    1. Live animal(s)
    2. Semen
    3. Embryo(s)
    4. Aquatic germplasm
    5. Animal products and by-products (including Pet Food)
    6. Veterinary pathogens
    7. Veterinary biologics
    8. Animal feed
    9. Animal transporters
    10. other

    Plant

    1. Grains and field crops
    2. Potatoes
    3. Forest products, with or without bark
    4. Horticultural products
    5. Plant pests and pathogens
    6. Fertilizers and supplements
    7. Seeds
    8. Plants with novel traits
    9. other (including soil, growing media and packaging materials)
  8. Commodity description (include purpose, form, end-use, quantity, scientific and commercial name) (applicants will check all that apply)

    Food

    1. ready-to-eat
    2. not ready-to-eat
    3. prepackaged foods
    4. foods for packaging, labelling, re-labelling
    5. foods for research/testing
    6. other

    Animals (terrestrial and aquatic), Animal Products and by-products, Vet Biologics and Pathogens

    the following are possible end uses or activities that would be important to determine the risk

    the choices available will be based upon the commodity selected above; not all choices listed below will be available for every animal commodity listed above

    1. breeding
    2. technical use (e.g. photo gelatin)
    3. production (e.g. vaccine manufacturing)
    4. feeding
    5. research/education/testing facility
    6. competition/exhibition
    7. processing
    8. slaughter
    9. retail sale
    10. owner's use
    11. transporting
    12. intermediary (e.g. sales barns, pet food)
    13. disease control
    14. quarantine
    15. other (e.g. cervid movement, zoos, in transit)

    Feed

    1. manufacturing
      • ingredient
      • mixed feed
      • on farm (non-commercial)
    2. retail sale
    3. conveyance
    4. research/education/testing facility
    5. other

    Plant

    1. manufacturing
    2. plants for planting
      • in vitro
      • cuttings
      • bare rooted
      • in soil
      • seed
    3. research/education/testing facility
    4. exhibition
    5. retail sale
    6. finished products/packaging (e.g. pallets, packing material and Christmas ornaments)
    7. owner's use
    8. quarantine facility
    9. other

    Seed

    1. propagation
    2. conditioning
    3. bulk storage
    4. research/education/testing facility
    5. other

    Fertilizer

    1. manufacturer
    2. blender
    3. research/education/testing facility
    4. other

Amendments and renewals

For amendments and renewals, the licence holder will access his or her unique account in the CFIA web portal; select the desired activity (for example, renewal, amendment); modify the information in the application form, as applicable; pay the required fee, if any and submit.

Process for issuing a licence

Step 1: Application review

  1. Upon receipt of the application, the Minister (or delegate) will review the information provided and request additional information if required.
  2. A pre-licensing inspection may be required for high-risk activities.
  3. The Minister (or delegate) will review the facts before rendering a decision. If required, expert advice would be sought to ensure that the licensing criteria are applied consistently.
  4. The Minister (or delegate) may refuse to issue a licence if the applicant
    • does not meet licensing conditions
    • has submitted inaccurate information
    • has provided false or misleading information, documents or records
    • engaged in deceptive practices in order to obtain a licence

Step 2: Communication of decision

  1. Notification will be sent if a pre-licensing inspection is required.
  2. If a licence is refused, a written notice of refusal will be sent, with the reasons for the refusal.
  3. The applicant will be able to request a review of the refusal and present facts to support the request.

Step 3: Decision review

The CFIA is currently considering options for a review mechanism that will be available to regulated parties following a decision to refuse to issue a licence.

Process for suspending a licence

Step 1: Initiation

  1. If a CFIA inspector identifies a non-compliance as per Section 2 (Suspension of a licence), the suspension process will be initiated.
  2. The inspector will identify any non-compliance(s) and gather facts to support the finding(s).
  3. The inspector will inform CFIA management of the facts of the non-compliance.
  4. The licence holder will receive a report of the inspection and will be provided with an opportunity to remedy the non-compliance.

Step 2: Evaluation

  1. If the non-compliance is not addressed, the licence will be suspended. The Minister (or delegate) will review the findings and if required, seek expert advice, to ensure that the suspension criteria are being applied consistently.
  2. The Minister (or delegate) will render a decision concerning suspension of the licence in question.

Step 3: Communication of decision

  1. If the licence is suspended, the licence holder will receive a written notice of the suspension, and the reasons for it.

Step 4: Lifting of a suspension

  1. In order to have a suspended licence re-instated, the licence holder must submit a written plan to address the issues that resulted in suspension of the licence.
  2. The CFIA inspector will follow up to determine whether the issues indicated in the suspension have been addressed.
  3. If the issues are adequately addressed, the inspector will report the findings and close the file. Additional conditions may be imposed on the licence by the Minister (or delegate).
  4. If the issues are not resolved, the CFIA will initiate cancellation of the licence (see below).

Process for cancelling a licence

Step 1: Initiation

  1. If the inspector identifies unresolved issues as per Section 2 (Cancellation of a permission), the cancellation process is initiated.

Step 2: Evaluation

  1. The Minister (or delegate) will review the inspector's recommendation and the Agency's file to verify that the cancellation criteria are being applied consistently.
  2. A permission holder is entitled to know the case against him or her and may request an opportunity to be heard and to respond to the arguments and evidence presented to the Minister (or delegate). A licence holder must request a review of the decision within the time limit specified in the written notification.
  3. The hearing may be oral or by way of written submissions.
  4. The Minister (or delegate) will consider the submissions of the CFIA and the permission holder and render the decision with reasons for the decision.

Step 3: Communication of decision

The permission holder will receive written notification of the decision. If the permission were to be cancelled or suspended, the notification will include the reason for the decision.

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