Notice
The purpose of this overview is to showcase this Standard Regulatory Response Process (SRRP) foundational operational guidance document. The SRRP is intended for Canadian Food Inspection Agency (CFIA) staff and was developed as operational guidance that describes a consistent approach across CFIA business lines when responding to risk and non-compliance. CFIA is sharing this overview externally in the interest of transparency and CFIA's Openness by Design. For terminology and references that may be new to some readers, a glossary of terms, acronyms and definitions will be in the full version of the SRRP, which is being prepared for posting on the CFIA website. Further information on control and enforcement can be found on the Regulatory Compliance page under Response to Non Compliance.
Standard Regulatory Response Process (SRRP)
The Standard Regulatory Response Process (SRRP) is a component of the CFIA's operational suite of guidance and provides a consistent approach when responding to risk (control) and non-compliance (enforcement) across the three CFIA business lines (food, animal health and plant health). Complementary documents to the SRRP include the Standard Inspection Procedures and the Standard Permissions Procedure. The SRRP provides a procedure for responding to potential or realized risk (control actions) and non-compliance (enforcement actions) to regulatory requirements or permission conditions which are described at a higher level in CFIA's Compliance and Enforcement Operational Policy (CEOP).
Control actions
Control actions undertaken by the CFIA are any actions that must be taken to prevent, manage or eliminate a hazard or mitigate a risk to human, plant or animal health, the environment, the economy or trade. There is a wide range of control actions including, but not limited to, seizure and detention of non-compliant goods, quarantine, and removal from Canada.
Enforcement actions
Enforcement actions undertaken by the CFIA are any actions that are required to respond to non-compliance to the legislation and programs the CFIA mandates for the protection of human, plant and animal health, the environment, the economy or trade. These actions may include letters of non-compliance, formal meetings, administrative monetary penalties, the suspension or cancellation of permissions, or prosecution.
The CFIA has a mandate to respond to pest and disease incursions, food contamination events, and to non-compliance to regulatory requirements or permission conditions by regulated parties. The CFIA's response may include control actions, enforcement actions or both. Control actions are undertaken to mitigate risk while enforcement actions are undertaken to respond to non-compliance by a regulated party. The SRRP ensures that CFIA actions are focused on correcting non-compliance, and promoting compliance to CFIA legislation to prevent future re-occurrence. Guidance in the form of tables and process flow diagrams help achieve appropriate and consistent enforcement action. Actions are determined by taking into consideration the potential harm of the non-compliance, the compliance history and the intent of the regulated party. When correction to non-compliance is not achieved, the process provides for the escalation of enforcement actions to hold accountable those who persist with non-compliant behaviour.
What is the Compliance and Enforcement Policy
The Compliance and Enforcement Policy describes CFIA's Compliance Management Continuum. The continuum consists of four key aspects; compliance promotion, compliance verification, regulatory response (control and/or enforcement) and recourse mechanisms. The policy also contains a description of various control and enforcement options and the roles and responsibilities of all parties involved.
How are the SRRP and the policy related
While the policy provides a general overview of CFIA's Compliance Management Continuum, the SRRP provides defined guidance for CFIA operational staff and is used to determine the appropriate control measures and enforcement responses. Business line enforcement guidelines are consulted to determine the appropriate control and enforcement actions.
