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Interpretation Policy

The FAQs below are meant to provide Canadians and businesses with basic information about all of the regulatory instruments established by the FPCC.

1. Proclamations under the Farm Products Agencies Act (FPAA)

What is the purpose of these regulations?

The five Proclamations under the FPAA were initiated by the Farm Products Council of Canada (FPCC) to establish the National Farm Products Agencies (Agencies). These include the:
• Canadian Egg Marketing Agency
• Chicken Farmers of Canada
• Canadian Hatching Egg Producers
• Canadian Turkey Marketing Agency
• Canadian Beef Cattle Research, Market Development and Promotion Agency

What are the key elements of this regulation?

The Proclamations include the provisions establishing the relevant agencies and the marketing plan or the promotion and research plan which set the criteria for levies and quotas. In addition, the Proclamation delegates regulation-making authority to Agencies to engage in providing national marketing or research and promotion guidance for their sector, which may include activities such as establishing provincial quota systems (marketing agencies), licensing rules (marketing agencies) and levy-setting for interprovincial and export trade (marketing and research and promotion agencies).

How does this regulation affect Canadian businesses?

Agencies are industry regulatory bodies subject to federal oversight and funded by levies. They have as their primary responsibilities the monitoring of compliance with provincial quota allocations under supply management (marketing agencies only) and representing the best interests of their sector. They act in the broad interests of their sector to undertake research and market their commodity.

What is the timeline for implementation?

The Proclamations under the FPAA are already in force.

Where can I get more information?

For further information, please contact the FPCC through email and phone (fpcc-cpac@agr.gc.ca, or 1-613-759-1555).

2. Delegation Orders under the Agricultural Products Marketing Act (APMA)

What is the purpose of this regulation?

There are 90 Delegation Orders initiated by the FPCC under the APMA wherein the federal government provides authority to provincial commodity boards to regulate marketing in interprovincial and export trade.

What are the key elements of this regulation?

These Delegation Orders contain provisions that facilitate interprovincial and export trade by authorizing provincial commodity boards to regulate the marketing of commodities in interprovincial and export trade markets as well as to fix, impose and collect levies.

How does this regulation affect Canadian businesses?

The Delegation Orders under the APMA delegate regulation-making authority to provincial commodity boards which enables them to create regulations to regulate the marketing of commodities in interprovincial and export trade markets to the same extent that they regulate marketing in intraprovincial trade (i.e., the collection of levies and charges and/or other marketing activity for which the commodity board has been delegated the powers by their respective provincial government).

What is the timeline for implementation?

The Delegation Orders under the APMA are already in force.

Where can I get more information?

For further information, please contact the FPCC through email and phone (fpcc-cpac@agr.gc.ca, or 1-613-759-1555).

The FPCC solicited feedback from stakeholders on how to improve its regulatory interpretation practices.

An interpretation policy is an overarching document that outlines the commitments, practices, and tools to be applied by a department or agency when providing Canadians and businesses with information and guidance on regulatory obligations to be met. It also identifies the conditions under which written responses to questions will be provided.

Organizational Context
The Farm Products Council of Canada (FPCC) administers the Farm Products Agencies Act (FPAA) and the Agricultural Products Marketing Act (APMA).

Of the 31 regulatory instruments under the FPAA, five are Proclamations to establish National Farm Product Agencies (Agencies) and delegate regulation-making authority to them. These Proclamations are made by the Governor in Council (GiC) on recommendation of the Minister of Agriculture and Agri-Food following a report and recommendations from the FPCC. The remaining instruments under the FPAA were created by the Agencies for the purpose of setting levies and quotas. The FPCC is responsible for the approval of all regulations made by the Agencies under the FPAA and any amendments made to those regulations by the Agencies.

There is a total of 165 regulatory instruments under APMA. Of these, 90 are first-level delegation orders wherein the federal government delegates authority to provincial commodity boards to regulate marketing in interprovincial and export trade. The remaining 75 instruments under APMA consist of a mix of levy orders and regulations that are created by, and remain the responsibility of, the provincial commodity boards.

Any questions concerning the regulations under the FPAA or APMA, should be directed to aafc.regulation-reglementation.aac@canada.ca so they may be redirected to the appropriate national agency or provincial commodity board.

Predictability

For the Proclamations under the FPAA and the Delegation Orders under the APMA that are made by the GiC, the FPCC commits to respond to regulatory questions in a timely manner, and to provide client-focused, helpful, and consistent responses to regulatory interpretation questions. Responses will be communicated in the form in which they are received (i.e. written questions will be responded to in writing).

Plain Language Commitment
Responses to regulatory questions will be communicated in the official language in which the question was posed. FPCC will ensure that all information about the Proclamations and Delegation Orders it establishes, as well as responses to questions, are clear, relevant, objective, easy to understand and useful.

Providing Guidance and Building Awareness
FPCC reaches out to Canadians, farmers and businesses in a variety of ways. For example, FPCC's website includes information on National Farm Product Marketing Agencies, stakeholders, National Farm Product Promotion and Research Agencies, Council decisions and public hearings. FPCC builds awareness by communicating with target audiences. This includes, but is not limited to, communicating through news releases, web content, information bulletins, advertising, social media, exhibits, events and regional outreach.

Responding to Questions
FPCC will respond to questions regarding Proclamations and Delegation Orders made by the GiC under the FPAA and APMA respectively within 72 hours. All other questions concerning regulations under these two Acts, should be send to aafc.regulation-reglementation.aac@canada.ca. FPCC will direct these questions to the appropriate authority.

General client inquiries are received by FPCC through email and phone (fpcc-cpac@agr.gc.ca, or 1-613-759-1555).

Note that verbal and email responses to questions about regulations are not considered legally binding. Written interpretive responses of regulations and rules relating to practice and procedure before the FPCC are binding on FPCC if all the material facts have been submitted, are accurate, and remain substantially unchanged. Furthermore, the interpretation applies only to the party requesting the interpretation. A written interpretive response to a question about a rule or regulation relating to practice and procedure before the FPCC can take 30 days or longer to receive depending on the complexity of the question. Requests for a written interpretive response must be submitted to the FPCC in writing. The FPCC does not issue binding interpretive responses on matters relating to the FPAA that are within the authority of Council members to determine. However, decisions of the Council are available on the FPCC's website.

Service

Service Commitment
The FPCC takes pride in what it does. We are an organization dedicated to serving the public. We are here to provide support to both our clients and colleagues. We are committed to delivering high quality service when responding to questions related to regulatory interpretation because we understand the importance of agriculture to our economy, communities, environment and human health.

Service Accountability
FPCC tracks all client inquiries and complaints received through phone and email.

Staff Training
FPCC provides ongoing support to its employees by providing them with the necessary training to deliver high quality, professional services and to provide information on regulatory requirements.

Stakeholder Engagement

Commitment to Stakeholder Engagement
FPCC is committed to engaging stakeholders, as appropriate, when developing, reviewing or refining practices and materials for providing information and guidance on regulatory compliance and answering questions.

Stakeholder Engagement Mechanisms
FPCC will continue to seek stakeholder feedback on regulatory issues, including the Regulatory Interpretation Policy through its existing stakeholder communication mechanisms (e.g., the National Agencies, the Provincial Commodity Boards and the Provincial Supervisory Boards web sites and periodic journals) as well as via this webpage.

Improvement

FPCC is dedicated to making a continual effort to improve our service to Canadians.

In early 2015, FPCC solicited feedback from stakeholders including national agencies and provincial supervisory boards on how to improve its regulatory interpretation practices. Stakeholders identified the need to post key documents related to decision-making on the FPCC web site as a key priority for improvement.

Improvement Priorities
FPCC’s improvement priorities are to post key documents related to decision making, develop and post guidance documents, deliver news and provide national statistics. As well, information about regulatory instruments established under the Farm Products Agencies Act and the Agricultural Products Marketing Act can be found at the FAQ page.

Metrics
FPCC posts its Newsletter which provides decision outcomes from each Council meeting. Additionally, the Letters of Decision are also available and these key documents pertain to specific requests from national agencies for amendments to regulatory instruments.

The FPCC also publishes information to further support stakeholders. For example, in 2016, two new guidelines were published: the Agency Inspectors Designation Guidelines October 2016 and the Agency Auditors and Audit Reporting Guidelines - November 2016.

Moreover, the FPCC posts industry statistical data. These data sets, which contain statistics related to the poultry and egg industries, are collected from various federal institutions such as Agriculture and Agri-Food Canada, Statistics Canada, and the Canadian Food Inspection Agency. The industry statistics are formatted to present a concise compilation of various data including the number of producers and volume of production, farm cash receipts value, producer prices and storage stocks.

The FPCC will continue to implement updates as new documents are produced and as new developments take place, for example, changes to the composition of FPCC’s Board of Council members or to national agencies’ boards, and notifications of upcoming industry meetings.

Send us Your Feedback
Please email the AAFC Regulatory Policy Coordination Office with your feedback regarding AAFC's regulatory interpretation practices at aafc.regulation-reglementation.aac@canada.ca.

For more information:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazetteand Consulting with Canadians websites.

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