Agenda Item 4 Conference Room Document 42

second fao/who global forum of food safety regulators

Bangkok, Thailand, 12-14 October 2004

Institutional Reforms of the Canadian Food Safety System

(Paper prepared by Canada)

BACKGROUND

Canada has developed a comprehensive, science-based food safety system designed to protect consumers today, yet responsive to meet the challenges of tomorrow. Through the application of risk analysis, the system provides the flexibility needed to keep pace with rapid changes in food technology, increased trade globalization, and shifting public expectations.

Canada's food safety system adheres to three fundamental principles: the health of the population remains paramount; policy decisions must be grounded on scientific evidence; and all sectors and jurisdictions must collaborate to protect consumers.

In order to achieve the objectives of modernizing and strengthening the Canadian food safety system, institutional reform was necessary. Two such initiatives are described in this paper, namely, the creation of the Canadian Food Inspection Agency (CFIA) and of the Pest Management Regulatory Agency (PMRA).

1. Creation of the Canadian Food Inspection Agency

The Canadian Food Inspection Agency (CFIA) was created in 1997 in order to clarify roles and responsibilities relative to food safety; to reduce overlap and duplication; to improve service delivery; to improve federal/provincial harmonization and cooperation; and to enhance accountability and reporting to Parliament. Creation of the CFIA consolidated, under one inspection body, all federally mandated food, plant, and animal inspection and quarantine services formerly provided by the Departments of Agriculture and Agri-Food Canada, Health Canada (HC), Fisheries and Oceans Canada and Industry Canada.

Under the CFIA Act, the Minister of Health (Health Canada), is mandated to establish standards and policies governing the safety and nutritional quality of all food sold in Canada. HC is responsible for risk assessment to determine the degree of risk involved in issues pertaining to food safety as well as human health. HC identifies and prioritizes issues based on scientific and independent evaluation of the likelihood that a specific adverse health effect will occur. HC also carries out food-borne disease surveillance activities, providing a system for early detection and warning and a basis for evaluating control strategies. An effective food safety system requires checks and balances to ensure that risk management activities appropriately address identified risks. To ensure this, HC has responsibility for assessing the effectiveness of the CFIA’s food safety activities.

The CFIA, reporting to the Minister of Agriculture and Agri-food, is responsible for enforcing the policies and standards established by HC. The CFIA is also responsible for risk assessment and risk management in the areas of animal health and plant protection. The CFIA designs, develops and manages inspection, enforcement and compliance programs, and service standards. It also negotiates inspection and compliance programs in partnership with other levels of government and non-government organizations, as well as with industry and trading partners.

Complementary provincial/territorial legislation governs food produced and sold within their jurisdictions. The success of the system depends on close working relationships between federal, provincial/territorial authorities, industry and consumers. The various levels of government collaborate with non-governmental organizations to ensure the integrity and comprehensiveness of the food safety system.

1.1 Benefits of the Creation of CFIA

Clarity of Roles and Responsibilities: HC is responsible for risk assessment and establishing policies and standards related to food safety and nutritional quality. All food, animal and plant inspection and quarantine services have been consolidated into, and carried out by the CFIA. The Minister of Agriculture and Agri-Food retains responsibility for establishing standards related to animal and plant health.

This arrangement allows for a more integrated approach to the safety of the food supply than would be the case for an agency that focused solely on food inspection. It likewise enhances the important food safety and accountability functions previously performed by four separate departments.

Improved Service Delivery: The CFIA provides seamless delivery of food, animal and plant inspection and quarantine services. Questions and concerns can now be addressed to a single federal contact rather than four separate departments.

Reduction in Overlap and Duplication: By integrating the inspection functions of four federal departments in one agency, creation of the CFIA resolves a long-standing "horizontality" problem. Significant streamlining and other efficiency gains have been realized in areas such as enforcement, risk management, laboratory services, informatics systems, and communications.

Enhanced Accountability: The legislation that created the CFIA requires that the CFIA table annually, in Parliament, a detailed corporate business plan and an annual report that documents its performance with respect to the business plan. The legislation further requires the Minister of Health to conduct an assessment of the Agency's food safety activities, a report of which is made available to the public.

1.2 Lessons learned

Some of the critical success factors identified were:

Political and Senior Management Support: Support from the Government of Canada, the ministers of the affected departments, and senior management was essential. While the more effective delivery of federal food, animal and plant inspection services has been a subject of interest for some time, it was the confluence of government and senior management support that impelled the institutional reform necessary to address this issue.

Communication and Consultation with Employees and Stakeholders: Creation of the CFIA was an initiative that generated concerns for some stakeholders and employees. For example, some stakeholders worried that the relationships they had cultivated with the departments over the years would be lost. During the planning and implementation phases of the initiative, bottom-up, decentralized consultations were held to solicit feedback from employees, stakeholders, and the broader public. Any new developments were regularly communicated.

Clarity of Roles and Responsibilities/Inter-Agency Process: Clear identification of the respective roles and responsibilities of the CFIA and HC, and the creation of a formalized joint committee structure between the two organizations have proven to be invaluable in contributing to strong and effective HC/CFIA collaboration in the area of food safety and nutrition. A ‘Roles and Responsibilities Framework for Federal Food Safety and Inspection Activities between HC and the CFIA’ was agreed to. Also, a HC/CFIA Joint Food Safety and Nutrition Committee chaired by the Deputy Minister, HC and the President, CFIA provides overall guidance and leadership on policies and strategic directions to the federal food safety and nutrition regulatory system.

2. Creation of the Pest Management Regulatory Agency

In 1990, a multi-stakeholder Pesticide Registration Review (PRR) team was charged with studying and making recommendations to improve the federal pesticide regulatory system. Key issues that gave rise to the PRR included farmers’ concerns about timely access to cost effective pest control products; manufacturer’s concerns about the time and cost of the registration process; and concerns of public advocacy groups and provinces about the safety of pest control products and opportunities to influence policy and registration decisions.

In April 1995, in response to the recommendations of the PRR, the government of Canada established the Pest Management Regulatory Agency (PMRA), within the Department of Health, with a mandate to protect human health, safety and the environment by minimizing risks associated with pesticides, while enabling access to pest management tools, namely, pest control products and pest management strategies. The initial challenges in establishing the Agency were the integration of employees from Agriculture and Agri-Food Canada, Environment Canada and Health Canada; the introduction of a cost recovery program; and, the development and implementation of legislation to reflect the reforms to the regulatory system recommended by stakeholders and agreed to by Cabinet. Other key initiatives were to re-affirm a risk management approach to decision-making, develop and implement streamlined procedures for the registration of minor uses and alternatives, provide greater opportunity for public participation, develop a risk reduction policy, develop a national database on pesticide use and vigorously pursue international cooperation.

The PMRA has successfully moved forward on these initiatives. A pivotal accomplishment was the development of the new Pest Control Products Act (PCPA 2002). The new Act will help ensure that Canadians are better protected from health and environmental risks posed by pesticides, and help ensure a safe and abundant food supply. PCPA 2002 modernizes and strengthens pesticide regulation and makes the registration system more transparent. The passage of this legislation is the culmination of an extensive, multi-year review of pesticides regulation in Canada and represents an overhaul of existing pesticides legislation.