Tag archives: Canada

Medical assistance in dying in Canada: one year later

Since the Canadian federal government introduced legislation governing medical assistance in dying (“MAiD”), the provinces and territories, which are responsible for the delivery of health care services in Canada, have adopted a variety of processes and procedures to deal with requests for MAiD. However, some questions and issues which have arisen with the legalization of … Continue reading

Canadian Government looks to Supreme Court of Canada for opinion on the constitutionality of the Genetic Non-Discrimination Act

In March 2017, Parliament gave third reading to Bill S-201, also known as the Genetic Non-Discrimination Act. The Genetic Non-Discrimination Act was introduced as a Senate bill by now-retired Liberal Senator James Cowan in December 2015 to ensure that fear of genetic discrimination did not prevent Canadians from deciding to proceed with genetic testing which … Continue reading

Canada’s legalization of recreational cannabis – legislation introduced

In the 2015 Federal election, the Liberal Party of Canada ran on a platform that included the legalization of recreational cannabis. Following the election, a task force was created to report on legalization and regulation, and a report was delivered in November 2016. On April 13, 2017, Bill C-45, An Act respecting cannabis and to … Continue reading

U.S. Food and Drug Administration announces new partnership with Canadian Food Inspection Agency on food safety

Summary On May 4, 2016, the U.S. Food and Drug Administration (FDA) signed a “systems recognition arrangement” with the Canadian Food Inspection Agency (CFIA) and Health Canada recognizing the comparability of the U.S. and Canadian food safety systems. This is only the second time that the FDA has recognized a foreign food safety system as … Continue reading

City of Toronto launches controversial food safety pilot program

The City of Toronto recently launched a pilot program that allows individuals to anonymously report suspected cases of food poisoning to Toronto Public Health. The program, which Toronto has dubbed “GastroBusters”, allows residents to anonymously report the details of their illness online or by telephone. Opponents of the GastroBuster program have pointed out that the … Continue reading

Proposed regulations on food nutritional labelling in Canada

On June 13, 2015, the Canadian government published proposed Regulations Amending the food and Drug Regulations – Nutrition Labelling, Other Labelling Provisions and Food Colours, for a 75 day comment period.  The pre-publication of the regulations follows a two year history of public and industry consultations, which aim to effect a large scale overhaul of … Continue reading

New procedural rules for Canada Agricultural Review Tribunal reflect competing needs of flexibility and predictability in administrative proceedings

New rules have come into force for the Canadian Agricultural Review Tribunal (the “Tribunal”). In Canada, certain decisions affecting the food industry have been delegated to quasi-judicial administrative tribunals. Administrative tribunals have been created for the purpose because they facilitate the appointment of decision-makers with expertise in the subject area, and they facilitate more informal … Continue reading

World Health Organization announces food safety awareness initiative

The World Health Organization (“WHO”) dedicated last week’s World Health Day to spreading awareness of food safety. World Health Day is celebrated on April 7 each year to mark the anniversary of the 1948 founding of the WHO. In the past, the WHO has highlighted issues such as vector-borne diseases, hypertension, and aging. This year, … Continue reading

US fast-food giant proposes merger with Canadian coffee chain

Tim Hortons Inc. has agreed to be purchased by Burger King Worldwide, Inc., which would create the third-largest fast food company in the world with estimated combined sales around $23 billion USD and restaurants in 100 countries (reported here). The merger would provide Tim Hortons with expansion opportunities into new markets. As part of the … Continue reading

Health Canada announces intention to permit gluten-free claims for specially produced oats and for foods containing “gluten-free oats”

On November 14, 2014, Canada’s Minister of Health announced her intention to issue a marketing authorization permitting certain gluten-free claims for specially produced oats. Whether or not oats that do not contain gluten from wheat, rye, barley, (or hybridized strains), could claim to be “gluten-free” has been debated within Canada’s health and food authorities for a number … Continue reading

Canadian coffee wars escalate

On November 13, 2014, Club Coffee announced that it had filed a complaint with Canada’s Competition Bureau in connection with the conduct complained of in its Ontario court proceeding (see our previous report available). Under section 9 of Canada’s Competition Act, any six persons resident in Canada (who are over the age of 18) and who … Continue reading

Canadian company launches competition lawsuit in coffee pod dispute

In a lawsuit recently launched in Ontario, Canada Club Coffee, a Canadian coffee roasting company, has sued the makers of Keurig coffee brewers for $500 million dollars for alleged breaches of the CanadianCompetition Act and Trade-marks Act. In addition, Club Coffee has asked the Ontario Superior Court of Justice to award $100 million dollars in additional punitive … Continue reading

Health Canada proposes additional food additive uses

Health Canada recently published a proposal to extend Canada’s Lists of Permitted Food Additives to permit the use of tripotassium phosphate, potassium tripolyphosphate, sodium potassium tripolyphosphate and sodium potassium hexametaphospahte in certain standardized and unstandardized foods sold in Canada. The proposal was published following receipt by Health Canada of five food additive submissions seeking approval for the … Continue reading

New export requirements for Canadian fish processors and brokers

The Canadian Food Inspection Agency (CFIA) recently announced that it is in the process of modifying the procedure for certifying compliance with the Fish Inspection Regulations. This step is the latest phase of a two-year plan originally identified by the CFIA in 2012. These changes will affect export certification and export eligibility lists. Like meat and poultry, Canada carefully regulates … Continue reading

Got (Unpasteurized) Milk? Cow-share program illegal under Health Protection and Promotion Act

The Supreme Court of Canada has refused leave to appeal in a decision of the Ontario Court of Appeal regarding the rights of an individual to run a “cow-share” program providing unpasteurized milk and milk products to program members bringing an end to years of litigation between the organic milk farmer and the Government of Ontario and … Continue reading

Health Canada proposes lowering the maximum acceptable concentration of industrial chemical in drinking water

Health Canada is conducting a consultation on a report recently released by the Federal-Provincial-Territorial Committee on Drinking Water (“CDW”) in July 2014 (the “Report”) that proposes lowering the maximum acceptable concentration (“MAC”) in water of a chemical, commonly used in dry-cleaning, grain fumigation and other industrial applications. The Report recommends lowering the MAC for tetrachloroethylene … Continue reading

“No-wash” poultry labelling: coming soon to a chicken near you?

According to Health Canada, more than 4 million Canadians suffer from food poisoning every year. While most cases are minor with no permanent ill effects, serous outbreaks can lead to recalls, as well as the spectre of civil liability in the form of class action lawsuits. Research recently published by the United Kingdom’s Food Standards Agency … Continue reading

Canadian Nutrition Facts information: clearer and sweeter than ever?

On July 14, 2014, Canada’s Minister of Health, Rona Ambrose, as part of Canada’s Food Labelling Modernization Initiative, announced a consultation process for proposed changes to the requirements surrounding the nutrition information displayed on Canadian food labels. The consultations involve both an on-line consumer survey as well as five technical consultation documents. The technical consultation … Continue reading

Modernizing Canada’s agricultural policy

In December 2013, the Government of Canada introduced Bill C-18, known as the Agricultural Growth Act. The proposed legislation is designed to streamline legislation in the agricultural sector, increase access to new crop varieties, enhance trade opportunities and food safety, and reduce administrative red tape. The Agricultural Growth Act proposes amendments to Canada’s Plant Breeders’ … Continue reading