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Amendments to the Fertilizers Regulations (Fertilizer modernization)

Title or Working Title of the Regulatory Initiative

Amendments to the Fertilizers Regulations (Fertilizer modernization)

Description of the Objective

This regulatory proposal was referred to in the 2018 Fall Economic Statement. The proposed amendments would introduce a risk-based approach to regulatory intervention, and revise the scheme of exemptions from registration. This proposal supports aligning pre-market regulatory oversight with the risk profile of the product, and is expected to facilitate market access for safe and innovative fertilizers and supplements.

This approach would support innovation for this sector, while maintaining high product safety standards. The proposal would amend product definitions and compositional criteria of fertilizer and supplement materials, bringing these up to date with current science, industry trends and international norms. It would also include bilingual labelling requirements to meet the obligations under the Official Languages Act. Streamlining the registration process and extending the validity period of the registration from 3 to 5 years will reduce the regulatory and administrative burden on stakeholders.

Enabling Act

Fertilizers Act

Potential impacts on Canadians, including businesses

There will be business impacts. The affected stakeholders include manufacturers, distributors, wholesalers, retailers, importers and exporters of a wide range of fertilizers and supplements, the government, and consumers. The "One-for-One" Rule and the Small Business Lens will apply.

Under the "One-for-One" Rule, at the time of pre-publication, the total administrative cost decrease on all businesses was estimated to have an annualized value of approximately $30,107, while the total costs per small business was estimated at an annualized value of $290.

The CFIA intends to propose a delay coming into force for the amendments to the Fertilizers Regulations. At the time of pre-publication, these regulations were not expected to come into force until three years after they are published in the Canada Gazette, Part II.

There are not expected to be significant impacts on international trade or investment.

Regulatory Cooperation Efforts (domestic, international)

The CFIA has been consulting with the provincial and territorial government departments on the proposal as well as International partners (the Association of American Plant Food Control Officials) to ensure alignment of standards and requirements wherever possible.

Public Consultation Opportunities

It is anticipated that the final amendments will be published as final in the Canada Gazette, Part II in winter 2020.

The amendments were pre-published in the Canada Gazette, Part I on December 8, 2018. At that time, Canada submitted a notification to the World Trade Organization to provide international trading partners with an opportunity to submit feedback. A public consultation period of 75 days was made available for Canadians and other interested parties to provide feedback on the proposal, which closed on February 21, 2019.

The regulatory modernization proposal was developed in consultation with the stakeholder community, namely the Canadian Fertilizer Products Forum (CFPF). The CFPF is a permanent consultative body for the fertilizer and supplement sectors.

Departmental Contact

cfia.legislation-legislation.acia@canada.ca

Date the Regulatory Initiative was first included in the FRP

This initiative was first included in the 2013 to 2014 mid-year update.

For more information

Consult CFIA's acts and regulations web page for:

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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