Good afternoon.
Thank you to the committee for inviting me to speak today. I'm a lawyer based in Ottawa. I advise clients in the food industry on issues pertaining to Canadian food safety laws, regulations and policies. I'm here as an individual. My evidence today represents my own views, not those of the firm.
In my work, I regularly advise clients on requirements under the Safe Food for Canadians Act and the Health of Animals Act and their regulations, as well as the associated policies, procedures and guidance published by the Canadian Food Inspection Agency. As a result, I have knowledge of Canada's food safety requirements, including those generally associated with the recognition of foreign systems under the safe food for Canadians regulations, or SFCR. I'm honoured to be here today to provide the committee with information on this topic to assist in the study.
Under the SFCA and SFCR, all imported food products must be manufactured, prepared, stored, packaged and labelled in a manner and under conditions providing at least the same level of protection as food products produced in Canada. Food importers must obtain a safe food for Canadians licence, and are responsible for ensuring that the food safety-related requirements set out in the SFCR are being met. There's a further requirement specifically for meat products, including poultry. These products can be imported to Canada only from a country that CFIA has recognized as having an inspection system for meat products that provides the same level of protection as that of Canada. As CFIA testified on Monday, an audit was conducted in Ukraine in 2019 as part of this recognition process.
Once a foreign inspection system is recognized, CFIA negotiates the terms of the official meat inspection certificate, or OMIC, that must be used by the exporting country for meat shipments destined for Canada. CFIA's recognition of a foreign inspection system can include limitations or special conditions. For example, there may be conditions with respect to species, product preparation or geographic regions or zones within the country.
Pursuant to paragraph 170(3)(a) of the SFCR, when reviewing a foreign state's inspection system, the CFIA takes into account the following:
(i) any applicable legislative framework, controls and procedures,
(ii) the organizational structure of the authority that is responsible for the system,
(iii) the implementation of the system,
(iv) the resources that support the objectives of the system,
(v) the humane treatment of the food animals that are intended to be slaughtered,
(vi) the chemical residue monitoring and microbiological monitoring of the meat products,
(vii) the certification process for the export of the meat products, and
(viii) any other relevant information;
As it relates to these considerations, an event such as the terrible invasion taking place in Ukraine may impact the implementation of a food inspection system as well as the resources that support the system. Therefore, the occurrence of such an event would reasonably be considered as part of CFIA's recognition determination under the regulations.
Another relevant consideration related to the recognition of a foreign inspection system is the animal health status of the country with respect to diseases of concern, such as the highly pathogenic avian influenza. To that end, CFIA publishes information on the countries, regions or zones that it recognizes as being free of diseases of concern. If a country is not recognized as being free of a disease, or a country usually recognized as being free of a disease is experiencing an outbreak, the importation of certain products may be prohibited to protect the Canadian food supply system, or special conditions may be negotiated for the OMIC.
As noted by CFIA in their published guidance, the evaluation of disease-free status of a country, region or zone is reviewed by CFIA on a case-by-case basis. CFIA also indicates in its guidance that recognition of disease freedom is not solely dependent on the World Organisation for Animal Health, or WOAH, status or country self-determination. Therefore, as it relates to this study, Ukraine's current WOAH status for avian influenza is one consideration for CFIA's risk assessment, but should not necessarily be determinative of whether CFIA considers the country to be free of the disease.
If there's a change to a recognized foreign inspection system or a country's animal health status, CFIA may negotiate revised conditions for the OMIC. Furthermore, the SFCR contemplates the suspension of a foreign inspection system if there is a material change.
Under subsection 172(1), the minister must suspend the recognition of a foreign state's inspection system if:
(a) the foreign state fails to notify the Minister in writing, as soon as feasible, of any changes that it has made to the system or to the legislation governing the system; or
(b) the system no longer provides at least the same level of protection as that provided by the provisions of the Act and these Regulations.
That refers to the SFCA and the SFCR.
The foreign inspection system recognition can then be reinstated once the circumstances that gave rise to the suspension have been remedied.
Thank you for your time. I hope this overview of the Canadian food safety legal context is of assistance to the committee. I'd be happy to answer any questions at the appropriate time.