Order Fixing the Day on Which Subsection 53(1) of the Agricultural Growth Act Comes into Force: SI/2024-26

Canada Gazette, Part II, Volume 158, Number 14

Registration
SI/2024-26 July 3, 2024

AGRICULTURAL GROWTH ACT

Order Fixing the Day on Which Subsection 53(1) of the Agricultural Growth Act Comes into Force

P.C. 2024-709 June 17, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, under subsection 154(2) of the Agricultural Growth Act, chapter 2 of the Statutes of Canada, 2015, fixes the day on which this Order is made as the day on which subsection 53(1) of that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

In 2015, the Agricultural Growth Act (AGA) amended various Canadian Food Inspection Agency-administered Acts, including the Feeds Act. One provision, subsection 53(1) of the AGA, includes amendments to definitions of “livestock” and “sell” in the Feeds Act. However, subsection 53(1) cannot come into force until corresponding amendments to the Feeds Regulations, which will designate animals for the purpose of the Feeds Act, are made.

This Order fixes the date on which subsection 53(1) of the AGA comes into force, to coincide with the final publication of the Feeds Regulations, 2024.

This will result in the definitions of “livestock” and “sell” in the Feeds Act to be replaced by the following:

livestock
means any animals designated by regulation as livestock for the purposes of this Act;
sell
includes agree to sell, offer for sale, expose for sale or have in possession for sale or distribute to one or more persons;

Objective

Bringing into force subsection 53(1) of the AGA, thus updating the definition of “livestock” in the Feeds Act, will enable the related regulations, the Feeds Regulations, 2024 to designate as livestock the animals that are applicable under the Feeds Act.

The designation of animals as “livestock” in regulations, as opposed to the legislation, provides more agility and flexibility to amend the list of animals as needed. Ultimately, the ability to more easily amend the list of animals will ensure that the Feeds Act and regulations capture feeds used for food-producing animals, contributing to safeguarding animal health and the food production continuum.

The bringing into force of subsection 53(1) will also result in the updated definition of “sell” to ensure that the definition includes the understanding that “sell” includes distribution.

Background

The Canadian Food Inspection Agency is repealing the Feeds Regulations, 1983 and replacing them with the Feeds Regulations, 2024. The new Feeds Regulations, 2024 will include a provision to designate animals as livestock for the purpose of the Feeds Act.

The previous definition of livestock in the Feeds Act was very specific and limited to a list of animals which included cattle, pigs, horses, sheep, goats, chickens, turkeys, ducks, geese, rabbits, fish, mink and foxes. The Feeds Regulations, 2024 will expand this list to add animals that are considered food-producing animals for the purposes of feeds, and remove those animals that are not considered food-producing animals. This will ensure that the feeds produced for food-producing animals are regulated, contributing to a safe food supply.

Specifically, the updated Feeds Regulations, 2024 will

Implications

This Order will simply bring into force a provision of the AGA that will update the definition of “livestock” in the Feeds Act, enabling the regulations to designate animals that are applicable under the Feeds Act and regulations.

Designating species in the Feeds Regulations, 2024 versus the Act will enable the list of animals to be updated as needed. The Feeds Regulations, 2024 will capture additional animals, while others will be removed. Specifically, ratites, game birds, bison, water buffalo, cervids, llamas, alpacas, bees, molluscs, and crustaceans will now be designated as livestock for the purpose of the Feeds Act because they are considered food-producing animals. However, mink and foxes will no longer be designated as livestock as they are not considered food-producing animals. Cattle, horses, sheep, goats, swine, poultry (chickens, turkeys, ducks, and geese), fish, and rabbits which were already listed in the Feeds Act, will continue to remain as designated livestock, as they are food-producing animals.

The expanded scope of animals considered as livestock will have a positive impact on animal health and food safety, because more feed products destined for food-producing animals will be captured under the Feeds Act and regulations.

Operators who make feed for livestock animals — both the existing and the new livestock animals added to the definition — will be required to meet the applicable regulatory requirements under the Feeds Regulations, 2024. However, it is assumed that these operators are already meeting the regulatory requirements because they already produce feed for other animals, including those already captured by the regulations. Livestock producers who manufacture feed for their own animals and do not use medications will continue to be exempted under the Feeds Act and not be subject to the requirements under the Feeds Regulations, 2024. Nonetheless, an 18-month delay in the coming into force for the application of the regulations for new animals will be given, should any stakeholder be impacted, to provide additional time to understand and comply with the requirements.

Consultation

Stakeholders were consulted during multiple rounds of engagement and consultations on the regulatory framework and on the proposed amendments to the Feeds Regulations, including through the Canada Gazette, Part I, from June 12, 2021, to October 15, 2021. As part of the engagement and consultations, stakeholders had the opportunity to comment on the proposed changes to the list of animals designated as livestock in regulations. No concerns were identified and stakeholders expressed general support.

Contact

Dr. Mary-Jane Ireland
Executive Director
Animal Health Directorate
Canadian Food Inspection Agency
Telephone: 343‑553‑5166
Email: Mary-Jane.Ireland@inspection.gc.ca