Legislation

 
Federal
Provincial / territorial
Municipal

 

Federal

Existing legislation (with proposed modifications in some places)

Each Act listed here is part of the Canadian food system.  The full Act is linked to the title, but under some of the Acts are selected provisions related to proposed changes that support Efficiency, Substitution and Redesign strategies across the 10 Goals for a new joined up food system.  Note that complete listings of pertinent food and agriculture statutes can be found in 2 volumes of Halsbury's Laws of Canada, one on agriculture, one on food.

AAFC Act

The Act that created the Department of Agriculture and Agri-food and provides for its mandate and functions.

Canada Transportation Act

This Act guides transportation policy, programming and governance.

Regarding changes to the Act to encourage certain transport modes over others (see Goal xx):

Under section 5 (the National Transportation Policy Declaration), the CTA states that “(b) regulation and strategic public intervention are used to achieve economic, safety, security, environmental or social outcomes that cannot be achieved satisfactorily by competition and market forces [and do not unduly favour, or reduce the inherent advantages of, any particular mode of transportation];”.

Canadian Agricultural Products Act

The Act exists to ..."regulate the marketing of agricultural products in import, export and interprovincial trade and to provide for national standards and grades of agricultural products, for their inspection and grading, for the registration of establishments and for standards governing establishments"

Canadian Consumer Packaging and Labelling Act

The act governs the packaging, labelling, sale, importation and advertising of prepackaged goods, including food.

Possible modifications to ensure authority for food waste reduction interventions (WITH PROPOSED MODIFICATIONS IN BOLD CAPS)

Packaging requirements established by regulation
  • (1) Where the Governor in Council is of the opinion that there is an undue proliferation of sizes or shapes of containers in which any prepackaged product or class of prepackaged product is sold and that the effect of the undue proliferation of sizes or shapes is to confuse or mislead or be likely to confuse or mislead consumers with respect to the weight, measure or numerical count of a prepackaged product, [OR CONTRIBUTE TO LUXUS CONSUMPTION OR FOOD WASTE] the Governor in Council, on the recommendation of the Minister, may make regulations establishing packaging requirements that limit the sizes and shapes of containers in which that prepackaged product or class of prepackaged product may be sold. [EQUALLY, IF THE RANGE OF SIZES OR SHAPES ENCOURAGES MANY CONSUMERS TO BUY MORE THAN THEY NEED, THEN THE GOVERNOR IN COUNCIL CAN REQUIRE THAT SMALLER SIZES BE USEDA. THE GOVERNOR IN COUNCIL MAY ALSO PASS REGULATIONS TO ENSURE USE OF NEW PACKING TECHNOLOGIES THAT MINIMIZE FOOD WASTE, SEE PREVIOUS SECTION.]
·       Marginal note: Advice for establishing packaging requirements

(2) For the purpose of establishing packaging requirements for any prepackaged product or class of prepackaged product, the Minister shall seek the advice of at least one organization in Canada of consumers and one organization of dealers in that prepackaged product or class of prepackaged product and may seek the advice of the Standards Council of Canada or any organization in Canada engaged in standards formulation.

a Such regulatory amendments could appear under the Processed Products Regulations of the Canadian Agricultural Products Act,.

CDC Act

This Act established the Canadian Dairy Commission.

Competition Act

The Act regulates trade and commerce as it relates to conspiracies, trade practices and mergers that affect competition.  Its purpose is to: “‘maintain and encourage competition in Canada’; promote efficiency in the Canadian economy; promote reciprocal participation in Canadian and foreign markets with international partners; to ensure small / medium size business enterprises have an ‘equitable opportunity to participate in the Canadian economy’ and; to provide consumers with competitive prices and variety of product choices” (Government of Canada, 2013).  The Act sets out rules regarding abuse of dominance, mergers and pricing and enforces its mandate through both civil and criminal law. Areas categorized as criminal offenses include: “price-fixing, market-sharing, and output restriction cartel”  whereas “dominant firm conduct and mergers”  are investigated as civil matters, and are judged for their impact on competition within an industry (Government of Canada, 2013). In theory,   there are options for remedies if firms engage in anti-competitive  practices (Mendly-Zambo et al., 2018).

Regarding forcing supply chain coordination (see Sustainable Transportation, Substitution):

·  “75. (1) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that

·       (a) a person is substantially affected in his business or is precluded from carrying on business due to his inability to obtain adequate supplies of a product anywhere in a market on usual trade terms,

·       (b) the person referred to in paragraph (a) is unable to obtain adequate supplies of the product because of insufficient competition among suppliers of the product in the market,

·       (c) the person referred to in paragraph (a) is willing and able to meet the usual trade terms of the supplier or suppliers of the product,

·       (d) the product is in ample supply, and

·       (e) the refusal to deal is having or is likely to have an adverse effect on competition in a market,

the Tribunal may order that one or more suppliers of the product in the market accept the person as a customer within a specified time on usual trade terms unless, within the specified time, in the case of an article, any customs duties on the article are removed, reduced or remitted and the effect of the removal, reduction or remission is to place the person on an equal footing with other persons who are able to obtain adequate supplies of the article in Canada.”

An additional provision modeled on this one could be added to the legislation to force collaboration on matters that address issues outlined in this paper, for example:

·       (a) a person is substantially affected in his business efforts to comply with sustainability provisions or is precluded from carrying on business due to his inability to obtain adequate collaboration along the supply chain,

·       (b) the person referred to in paragraph (a) is unable to obtain adequate supplies while reducing negative environmental impacts of the product because of insufficient collaboration among suppliers of the product in the market,

·       (c) the person referred to in paragraph (a) is willing and able to meet the usual trade terms of the supplier or suppliers of the product,

·       (d) the product is in ample supply, and

·       (e) the refusal to collaborate is having or is likely to have an adverse effect on sectoral efforts to improve environmental performance in a market,

Emergencies Act

See Demand - Supply Coordination. According to the Act (particularly pertinent features highlighted),

“public welfare emergency” means an emergency that is caused by a real or imminent

  • (a) fire, flood, drought, storm, earthquake or other natural phenomenon,
  • (bdisease in human beings, animals or plants, or
  • (c) accident or pollution

and that results or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services or resources, so serious as to be a national emergency.

  1. (1) While a declaration of a public welfare emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:
  • (d) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;
  • (e) the regulation of the distribution and availability of essential goods, services and resources;
  • (i) the assessment of damage to the environment and the elimination or alleviation of the damage; and
  • (j) the imposition
  • (i) on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
  • (ii) on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,

for contravention of any order or regulation made under this section.

Export and Import Permits Act
Fair Rail for Grain Farmers Act

Division VI of CTA deals with Transport of Western Grain. Fair Rail for Grain Farmers Act.

Farm Products Agencies Act
Feeds Act
Fertilizers Act
Food and Drugs Act
Health of Animals Act

The act concerns itself with diseases, toxic substances that may affect animals or be transmitted by animals to humans, and animal protection.

Pest Control Products Act
Safe Food for Canadians Act (regulations to come into force 2018)
Seeds Act
New legislation
National Food Policy Council Act

v

Orders-in-Council

Used commonly in Commonwealth countries instead of, or to supplement, legislation debated in Parliament.  In Canada, the government of the day creates the order and has it approved by the Governor General.

From Labour Force Development

An Order in Council from May, 1943 (P.C.3620), passed under the War Measures Act, is of the kind to be modified:

The Minister of Labour is to enter into agreements with each province “for the purpose of making more effective use of the agricultural manpower within each province, of recruiting workers, whether male or female, suitable for farm work in one province, and of transporting the said workers to and placing them on the farms of another province” (Britnell & Fowke, 1962:180).

A more up-to-date version might read:

The Ministers of Labour and of Agriculture and Agrifood are to enter into agreements with each province for the purpose of making more effective use of critical food system labour within each province, of recruiting, training and setting conditions for  workers, including providing supports for the movement of said workers to critical locations in  another province.