Committee on Import Licensing - Agreement on Import Licensing Procedures - Notification under article 5.1 - 5.4 of the Agreement - Canada

 AGREEMENT ON IMPORT LICENSING PROCEDURES

Notification under Article 5.1-5.4 of the Agreement[1]

Canada

 

The following notification, dated 29 August 2018 is being circulated at the request of the delegation of Canada.

 

1.         (a)       Title / number / date of the law or regulation establishing / changing the import licensing procedure: 

On 15 January 2019, the Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR) will come into effect.  

(b)       If the notified measure refers to a change in an already notified import licensing procedure, please indicate the document symbol of the notification to which change(s) has(ve) been introduced. (In this case please also indicate in Section 3, below, the nature of the changes (i.e. inclusion or exclusion of some goods and a list thereof; contact point for information and/or administrative body(ies) for submission of applications, etc.)): 

SFCR will incorporate 14 existing regulations into a single, more outcome based regulation. This includes the incorporation of the Fish Inspection Regulations, Licensing and Arbitration Regulations, and Dairy Products Regulations previously notified in G/LIC/N/3/CAN/16.

2.         Information concerning the institution / change of import licensing procedure:

(a)       List of products subject to the licensing procedure (Exact name of the products and/or whenever possible HS code and indication of the exact HS Nomenclature (i.e.  1996; 2002 or 2007).  Abbreviations should be avoided.  In the case of a long list of products, please attach the list as an Annex in Microsoft Word or compatible software.  Please do not use PDF, or photocopies.)

            Under the Safe Food for Canadians Regulations, the import licensing procedure will apply to all imported food other than food additives, beverages that contain more than 0.5% absolute ethyl alcohol by volume and foods used as a grain, oil, pulse, sugar or beverage (listed in Schedule 1 of the regulations) that meet specific conditions specified in section 11 of the regulations.

To learn more about the requirements please visit http://inspection.gc.ca/food/sfcr/imports/eng/1526656151226/1526656151476 

(b)       Contact point for information on eligibility

Canadian Food Inspection Agency

Address:  1400 Merivale Road, Nepean, Ontario Canada K1A 0Y9

Telephone:  +1-800-442-2342 (Canada and US only)

Website:  http://inspection.gc.ca/about-the-cfia/contact-us/eng/1299860523723/1299860643049

Contact officer: [] Mr. [] Mrs. Name: 

(c)       Administrative body(ies) for submission of applications (If more than one please include the same information for each body.)

Canadian Food Inspection Agency

Address:  1400 Merivale Road, Nepean, Ontario Canada K1A 0Y9

Telephone:  +1-800-442-2342 (Canada and US only)

Website:  http://inspection.gc.ca/about-the-cfia/my-cfia/eng/1482204298243/1482204318353

Contact officer: [] Mr. [] Mrs. Name: 

(d)       Date and name of publication where licensing procedures are published

Date of publication:  13/06/2018

Source of publication (Official Gazette /journal/ website): 

Safe Food for Canadians Act (http://laws-lois.justice.gc.ca/eng/acts/S-1.1/index.html)

 

Safe Food for Canadians Regulations (http://www.gazette.gc.ca/rp-pr/p2/2018/2018-06-13/html/sor-dors108-eng.html )

 

(e)       Indication of whether the licensing procedure is

[]         automatic.  If so please indicate: (f) the administrative purpose: []

[X]  non-automatic.  If so please indicate: (g) the measure being implemented through the import licensing procedure:  The licensing system is not intended to restrict the quantity or value of imports.

The purpose of licensing is to ensure that importers understand their responsibility for ensuring that the food they import is safe for consumption, and that it will meet all the applicable Canadian Food Inspection Agency (CFIA) regulatory requirements. Licensing will enable the CFIA to identify food safety risks, communicate food safety information directly to food businesses, and take enforcement actions when regulatory requirements are not met.  

(h)       Expected duration of the licensing procedure if this can be estimated with some probability, and if not, reason why this information cannot be provided

The import licensing requirement will be ongoing.

The CFIA expects that most import licences will be issued upon application. In some cases, in order to secure the import licence, an assessment may need to be conducted by the CFIA to verify that the conditions specified in section 29 of the regulations are being met.   

3.         Other relevant data or information: (i.e. complete title and data concerning the legislation, inclusion or exclusion of certain products from the import licensing regime and list thereof; changes related to the administrative body(ies) for submission of applications, etc.)

SFCR will incorporate 14 existing regulations into a single, more outcome based regulation. This includes the incorporation of the Fish Inspection Regulations, Licensing and Arbitration Regulations, and Dairy Products Regulations previously notified in G/LIC/N/3/CAN/16.

A CFIA import licence will apply to importers of most food into Canada (as described in 2(a)).  Once the SFCR come into force on January 15, 2019, some requirements will have to be met immediately. Other requirements will be phased in over a period of 12‑30 months based on food commodity, type of activity and business size.

For example, importers of some foods will not require an import licence until July 2020.

Please review the following website for important timeline information:

http://inspection.gc.ca/food/sfcr/timelines/eng/1528199762125/1528199763186

SFCR was previously notified to the following WTO Committees:

·         Committee on Technical Barriers to Trade in G/TBT/N/CAN/394 (19 July 2013), G/TBT/N/CAN/394/Rev.1 (6 June 2014), G/TBT/N/CAN/394/Rev.1/Add.1 (15 July 2014), G/TBT/N/CAN/394/Rev.2 (25 January 2017), and G/TBT/N/CAN/394/Rev.2/Add.1 (15 June 2018).

·         Committee on Sanitary and Phytosanitary Measures in G/SPS/N/CAN/700 (8 July 2013), G/SPS/N/CAN/700/Rev.1 (5 June 2014), G/SPS/N/CAN/700/Rev.1/Add.1 (15 July 2014), G/SPS/N/CAN/700/Rev.2 (24 January 2017), and G/SPS/N/CAN/700/Rev.2/Add.1 (14 June 2018).