Upon receipt of a notice of violation with a penalty of at least $2,000, a regulated party may apply to enter into a compliance agreement with the CFIA. A compliance agreement provides the regulated party with the opportunity to remedy the non-compliance by investing up to $2 for every dollar of penalty in a solution that resolves the problem of non-compliance and prevents recurrence. For example, the regulated party could invest in setting up processes, training or purchasing equipment that will prevent regulatory violations in the future. The CFIA`s updated Compliance and Enforcement Policy describes how enforcement, including the application of AMPs, is conducted in a consistent, fair and transparent manner. Detailed operational guidelines and procedures are posted on our website to help CFIA staff and industry understand regulatory requirements. A better understanding contributes to greater clarity, consistency, predictability and transparency in the application of compliance and enforcement actions across the CFIA`s regulatory mandate. Once the non-compliance has been established, the CFIA responds appropriately: Re-extension of the applicant (good compliance status) Renewed application (after voluntary withdrawal from the CERTIFICATION BODY) Renewed application (after suspension of the certification body by the CFIA) AMPs may be issued to any regulated party, company or person committing a violation under Agency legislation (e.B regulated parties, who are engaged in business activities that do not comply with regulatory requirements; B. Individual travellers importing prohibited goods). To maintain their effectiveness, AMPs are issued on a discretionary and risk-informed basis. When deciding to issue a NOV with a warning or penalty, cfia takes into account the proportionality of the amount of the warning or penalty for the violation and its likelihood of promoting compliance. AMPs are generally less punitive and costly sanctions than prosecution, suspension or cancellation of licenses. If the penalty is $2,000 or more, a regulated party may request a compliance agreement.
In this case, the amount of the penalty is reduced by one dollar for every two dollars spent by the regulated party, with a maximum reduction to zero to make improvements to bring the regulated party back into line. The following guiding principles help the CFIA achieve its compliance objectives: The CFIA takes a strategic, consistent, fair and transparent approach to verifying that its compliance and enforcement actions and decisions support the effective delivery of its mandate. The CFIA`s compliance and enforcement policy is based on the concept of a continuum that includes: promotion, monitoring and conformity assessment (compliance verification), response to risks and non-compliance (regulatory response), and provision of information to regulated parties regarding recourse and feedback mechanisms, as shown in Figure 1. The CFIA`s Standard Regulatory Response Process (PRRP) provides guidance to CFIA staff and is used to determine appropriate control and enforcement measures to be used to address risks and/or non-compliance. One or more of the control or enforcement actions described in this section may be taken in response to risks or non-compliance. It should be noted that the measures listed below may not apply to all CFIA inspection programs. The CFIA will conduct a follow-up inspection to determine whether the terms and conditions of the compliance agreement are in place and in effect until the implementation date. If this is the case, the penalty will be reduced by the amount of the investment (described in the agreement).
If this is not the case, the amount of the penalty will be doubled. The CFIA adheres to a compliance continuum (see Appendix A), and this process contributes to the fairness, predictability and consistency of compliance and enforcement actions. Regulated articles that occur after emptying and/or cleaning a lagoon or treatment system must be disposed of in accordance with the disposal requirements described in this document. The CFIA believes that compliance promotion is an effective tool for generating compliance. Compliance promotion will be facilitated if the CFIA is transparent in its compliance approach and has clearly articulated legal requirements and information tools and services available to regulated parties. While this is not a formal compliance promotion, the CFIA also promotes compliance by responding effectively and efficiently to violations. It is important to note that reducing the amount of the penalty resulting from a compliance agreement, even if the penalty amount is reduced to zero, does not remove the violation of the regulated party`s compliance history. The breach remains recorded, which is used when reviewing a regulated party`s compliance history for a period of five years.
This policy applies to the design, provision and reporting of compliance and enforcement actions in the CFIA`s plant, animal and food sectors. This table lists some of the responses available to the CFIA. The Agency shall select the most appropriate response to address the risks and/or non-compliance. Inspections are conducted by inspectors and veterinary inspectors for the primary purpose of verifying compliance with the legislation administered by the CFIA. When conducting inspections, inspectors and veterinary inspectors designated under the Canadian Food Inspection Agency Act exercise the powers conferred on you by the relevant legislation to determine whether regulated parties and their products are complying with that legislation. If the information received indicates a violation, enforcement action may be taken or the matter may be referred for further assessment and/or investigation. If the CFIA believes that the most effective and appropriate responses to non-compliance are considered to be the most effective and appropriate, the Agency may use administrative responses to non-compliance to assist a regulated party in achieving compliance, para. B example by issuing requests for non-compliance or holding meetings with regulated parties. These responses are not provided for in the legislation administered by the CFIA, but are set out in the policy developed by the Agency. The CFIA`s mandate is to protect food, animals and plants that improve the health and well-being of Canada`s people, environment and economy. Canadians and international trading partners need to know that food is safe and that regulations are being followed. A comprehensive and consistent set of enforcement tools strengthens the CFIA`s ability to protect public health and facilitate market access for Canadian businesses.
Regulated parties have a duty to familiarize themselves with the requirements of the act. To facilitate this, regulated parties are provided with information on new or existing initiatives, legislation, policies or procedures. An important vehicle for delivering compliance promotion products to the CFIA is the website. Plain language information tools, products, services and guidelines are distributed throughout the communication to help regulated parties understand the legal requirements. The CFIA uses a number of different tools, including consultations, the publication of information, advertising and awareness campaigns, and other initiatives to inform regulated parties of the legal requirements to be met. Examples of information the CFIA can provide include links to current legislation, information and tools on established practices or procedures, fact sheets, videos and infographics. Regulated parties may also ask questions of the CFIA through established channels (p.B. contact my CFIA online) to help you understand and comply with legal requirements. Industry and consumers indicated that they wanted the CFIA to deal effectively and consistently with non-compliance. The CFIA may impose administrative fines (AMPs) as notices of violation with a warning or fine, depending on the nature of the violation. One of the most important differences in compliance and enforcement is the difference between “inspection” and “investigation,” which must be treated as different and independent activities. .