Cooperation and Collaboration in Canadas Food Inspection SystemPresentation to Canada- China Training Mission February 2003IntroductionnComplex jurisdictional context involving federal, provincial/territorial and in certain cases municipal authorities.nFederal and provincial governments have enacted food safety and quality legislation.nChallenge is to work collaboratively and in a coordinated fashion in order to successfully harmonize the Canadian food inspection system.Jurisdictional OverviewnFederal Government: Responsible for the administration of all or parts of some 13 Acts, sets standards related to safety, quality and fraud for food traded inter-provincially, internationally and offered for sale in Canada under national standards and grades.Jurisdictional Overview (contd)nProvincial Governments: More than seventy provincial statutes administered by provincial agriculture, health, fish and/or environment ministries, that apply to food manufactured, traded and sold within their borders. Provincial governments have jurisdiction over public health matters. Jurisdictional Overview (contd)nMunicipal Governments: Derive regulatory authority from provincial legislation and partial funding from provincial ministries. In most cases their role is to enforce regulations and policies that have been developed or approved at the provincial level. In some cases they may also enact and enforce by- laws that affect food inspection.Legislative Authoritiesn(A) Section 91 - Federaln(B) Section 92 - Provincialn(C) Section 95 - AgricultureLegislative Authority of Parliament of Canada n(A) Section 91 - Federal 91 (2) - The Regulation of Trade and Commerce (12) Sea Coast and Inland Fisheries (17) Weights and Measures (22) Patents of Invention and Discovery (27) Criminal LawProvinces - Legislative Authorityn(B) Section 92 - ProvincialIn each Province the Legislature may exclusively Make laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated (8) Municipal Institutions in the Province (10)Local Works and Undertakings (13)Property and Civil Rights in the Province (16)Generally all Matters of a merely Local or Private Nature in the ProvinceConcurrent Powers - Agriculturen(C) Section 95 - Agriculture 95 - In each Province the Legislature may make Laws in relation to Agriculture in the Province. and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, . and any Law of the Legislature of a Province relative to Agriculture. shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of CanadaDivision of Federal ResponsibilitiesFood SafetynHealth Canada - Policy & StandardsnCFIA - Enforcement Animal HealthnCFIA - Policy & StandardsnCFIA - EnforcementPlant Protection nCFIA - Policy & StandardsnCFIA - EnforcementConsumer Protection nCFIA - Policy & StandardsnCFIA - EnforcementContracts, MOUs, Federal Provincial AgreementsnCFIA Act - Contracts and Agreements 14. (1) The Agency may enter into contracts, memoranda of understanding and other agreements with a department or agency of the Government of Canada or the government of a province and with any other person or organization in the name of Her Majesty the Queen in right of Canada or in its own nameContracts, MOUs, Federal Provincial AgreementsnFederal-Provincial agreements 20. The Minister may, with the approval of the Governor in Council given on the recommendation of the Minister of Finance, enter into an agreement with one or more provincial governments for the provision of services or the carrying out of activities within the responsibilities of the Agency, in common with those governments.Contracts, MOUs, Federal Provincial AgreementsnObject of agreements 21. The agreement referred to in section 20 may authorize the Minister, jointly with one or more provincial governments, to have a corporation incorporated under the Canada Business Corporations Act, the Canada Corporations Act or an equivalent provincial statute, or to acquire shares or participate in any corporation, in order to implement the agreementCooperation and CollaborationnInter-jurisdictional collaboration and cooperation are not new to inspection.nTwo mechanisms relied upon for cooperation and collaboration are: Canadian Food Inspection System Implementation Group (CFISIG) Cooperative AgreementsCanadian Food Inspection System Implementation Group (CFISIG)nEstablished in order to ensure implementation of the 1994 Blueprint for the Canadian Food Inspection System.nFocus: harmonizing standards, integrating inspection delivery systems, and providing an inter-jurisdictional forum for harmonizing standards, procedures