Basic information
Outline of the system
The importation into Canada of food for human consumption is subject to licensing under the Safe Food for Canadians Act and Regulations, which are administered by the Canadian Food Inspection Agency. Under the Safe Food for Canadians Regulations, Canadian food businesses that conduct any of the following activities are required to obtain a licence:
• import food
• manufacture, process, treat, preserve, grade, package, or label food to be exported or sent across provincial or territorial borders
• export food that requires an export certificate – even if not preparing the food
• slaughter food animals from which meat products are derived for export or to be sent across provincial or territorial borders
• store and handle a meat product in its imported condition for inspection by the Canadian Food Inspection Agency.
Import licensing under the Safe Food for Canadians Act and Regulations does not apply to:
• food additives
• alcoholic beverages (beverage that contains more than 0.5% absolute ethyl alcohol by volume)
• unprocessed food listed in Schedule 1 of the SFCR if it:
o will be manufactured, processed or treated for use as grain, oil, pulse, sugar or beverage;
o has a label applied or attached to it, or accompanying it, that bears the expression "For Further Preparation Only" or "pour conditionnement ultérieur seulement", and
o is not a consumer prepackaged food.
Product coverage
Under the Safe Food for Canadians Regulations, any imported food must be manufactured, prepared, stored, packaged and labelled under conditions that provide the same level of protection as foods made in Canada. To learn more about the requirements for importing food please visit https://inspection.canada.ca/importing-food-plants-or-animals/food-impor....
The provisions of the SFCA and SFCR do not apply to food in the following cases:
• food for personal use, when the food is not intended for commercial use, and
o the quantity of food is equal to or under the maximum quantity limits, found in the document “Maximum Quantity Limits for Personal Use” (http://inspection.gc.ca/about-the-cfia/acts-and-regulations/list-of-acts...); and
o the food is imported, exported, sent or conveyed from one province to another by an individual other than in the course of business; or
o the food is imported or exported as part of the personal effects of an immigrant or emigrant
• food that is carried on any conveyance that is intended for the crew or passengers
• food that is intended and used for analysis, evaluation, research, or a trade show provided that the food is part of a shipment that weighs 100 kg or less or, in the case of eggs, is part of a shipment of five or fewer cases
• food that is not intended or sold for human consumption
• food that is imported from the United States onto the Akwesasne Reserve by a permanent resident of the Reserve for their use
• food that is imported in bond (in transit) for use by crew or passengers of a cruise ship or military ship in Canada
• food that is traded between federal penitentiaries
• transporting a food commodity, if that is the sole activity of a person.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
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.
Products under restriction as to the quantity or value of imports
The licensing system is not intended to restrict the quantity or value of imports. Licensing will help the CFIA to:
• better identify food safety risks in order to target inspections
• communicate important food safety information directly to food businesses
• take enforcement actions, ranging from requiring corrective measures to suspending or cancelling a licence, when regulatory requirements are not met.
Importers must ensure they and the food they import meet all the applicable regulatory requirements.
Questions for products under restriction as to the quantity or value of imports
There are no restrictions under the SFCR regarding the quantity or value of food imports.
The system applies to products originating from which country?
The licensing system applies to all importers, regardless of the food imported. A person importing 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) does not need a licence if those foods meet the requirements stipulated in section 11(2). Other non-quantitative restrictions exist for the import of certain species. For example, the importation of live freshwater mitten crab (genus Eriocheir) or puffer fish (family Tetraodontidae) is not permitted under the Safe Food for Canadians Regulations.
Expected duration of licensing procedure
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.
Legal requirements
Is the licensing statutorily required?
The licensing of importers is legislated and regulated under the Safe Food for Canadians Act and Regulations. Licensing is statutorily required (see Safe Food for Canadians Regulations).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
There is no administrative discretion with respect to the products subject to licensing.
Is it possible for the government to abolish the system without legislative approval?
Legislative approval would be required in order to abolish elements of the import system described in the Safe Food for Canadians Regulations.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Any person or company is eligible to apply for a Safe Food for Canadians Licence. To be issued a licence, importers must have a place of business in Canada or in a country that has been recognized by the CFIA in accordance with section 12 of the Safe Food for Canadians Regulations. To learn more about the limited conditions in which an import licence can be granted to an importer residing in a country other than Canada see the following: https://inspection.canada.ca/importing-food-plants-or-animals/food-impor....
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Canadian Food Inspection Agency
Address
1400 Merivale Road, Nepean, Ontario Canada K1A 0Y9
Telephone
+1-800-442-2342 (Canada and US only)
Fax
E-mail address
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Canadian Food Inspection Agency
Documentation requirements
What information is required in applications?
To apply for an import licence, the applicant must first create an account and business profile on the My CFIA portal. All information needed is listed on the Before you sign up for My CFIA webpage. https://inspection.canada.ca/about-cfia/my-cfia/before-you-sign-up/eng/1...
Information required includes: business number, legal business name, proof of authority form, office address, mailing address and CFIA billing account number where they have one.
What documents is the importer required to supply with the application?
After signing up for the My CFIA account, the applicant can consult the Webpage “What to consider before applying for a Safe Food for Canadians Licence”: http://inspection.gc.ca/food/sfcr/general-food-requirements-and-guidance.... Applicants will find all the information and the fees that they have to submit in order to get a licence.
Window of submission of an application
How far in advance of importation must application for a licence be made?
A person must apply for a Safe Food for Canadians (SFC) licence to import in advance of declaring their shipment to the Canada Border Services Agency and the CFIA.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations regarding the time of year during which an application can be made.
Issuing the license
Can a licence be granted immediately on request?
The CFIA may issue a licence immediately on application or the CFIA may conduct an assessment prior to issuing the licence to verify that the conditions specified in section 29 of the regulations are met.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The CFIA may issue a licence immediately on application or the CFIA may conduct an assessment prior to issuing the licence to verify that the conditions specified in section 29 of the regulations are met. Goods arrving at a port of entry without an SFC licece will not be permitted entry into Canada.
Which administrative body is responsible for approving application of licences?
Any person, which includes an organization who wishes to import food into Canada for sale or distribution for human consumption, must first obtain an import licence from the CFIA via the MyCFIA application.
The application for a Safe Food for Canadians Licence is submitted solely through the My CFIA portal. The Centre of Administration of the CFIA delivers and coordinates the full range of operational administrative services required for import related permissions; it is a "single window" process.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
All conditions attached to the issuance of a Safe Food for Canadians licence are specified under section 29 of the Safe Food for Canadians Regulations. Licence applicants must meet all applicable requirements of the SFCR, including, in most cases, putting in place preventive food safety controls and documenting these controls in a written Preventive Control Plan. Import licence holders must also maintain procedures and processes for handling and investigating complaints and recalls.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
The fee for a Safe Food for Canadians Licence is CDN$260.61. Depending on the food commodity additional fees related to import may apply. See the CFIA’s Fees Notice for more information.
http://www.inspection.gc.ca/about-the-cfia/acts-and-regulations/list-of-...
Is there any deposit or advance payment required associated with the issue of licences?
The licensing fee of CAD$260.61 must be paid in order for a Safe Food for Canadians licence to be issued. There is no other deposit or advance payment required for the issuance of a licence.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Under the Safe Food for Canadians Regulations (SFCR), there are certain conditions that must be met in order for a Safe Food for Canadians (SFC) licence to be issued. The list of conditions for issuance, renewal or amendment of an import licence is found in section 29. As part of these conditions, the CFIA cannot issue a licence to a person who is in default of payment of any fee related to the Safe Food for Canadians Act that is fixed under the Canadian Food Inspection Agency Act. Additionally, a licence cannot be issued where the CFIA is of the opinion that the issuance of a licence would present a risk of injury to human health.
The CFIA may also decide not to issue a SFC licence if, in the 5 years prior to the date of the licence application, the applicant (or any of their directors or operators) has had a licence suspended or cancelled or has been convicted of an offense under the Safe Food for Canadians Act or the Food and Drugs Act.
Are the reasons for any refusal given to applicants?
The reasons for not issuing a licence are available from CFIA’s Centre of Administration.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of a refusal, applicants can appeal
If so, to what bodies and under what procedures?
In the event of a refusal, applicants can appeal the decision by submitting a complaint or appeal through CFIA’s complaints and appeals process. More information, including the appeals process, is available on CFIA’s Complaints and Appeals webpage.
https://inspection.canada.ca/about-cfia/complaints-and-appeals/eng/15471...
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The import licence holder must provide information on each import shipment, including their Safe Food for Canadians licence number through the Single Window Integrated Import Declaration (SW IID). The information that must be provided is listed in section 13 of the Safe Food for Canadians Regulations. The information must be provided at the time of or prior to import.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Certain products might have additional requirements related to plant protection or animal health under other legislation. Apart from this and the procedures provided for in the Safe Food for Canadians Regulations, including requirements associated with inspections, record keeping and declaration of import shipments, no additional administrative procedures are required.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A Safe Food for Canadians Licence is valid for two years from the date of issuance. The period of validity of a licence can only be extended by renewing the licence prior to expiry. Licences are renewed through the My CFIA portal. Licence holders must update their licence information and pay the CDN$260.61 fee to renew their licence.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a Safe Food for Canadians licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between persons or businesses.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.