Compliance Activities and Enforcement Continuum

Under the Human Pathogens and Toxins Act and Regulations (HPTA/HPTR) and the Health of Animals Act and Regulations (HAA/HAR)

Compliance

Promotion

• Provide information and guidance to stakeholders on obligations under the HPTA, HPTR, HAA, and HAR
• Publish training materials
• Respond to enquiries in a timely manner
• Active dialogue with regulated and other interested parties and associations
• Collaborate with federal, provincial, territorial and international organizations
• Work with stakeholders on development of standards and guidelines
• Develop and publish policies to inform and promote transparency
• Conduct a licensing inspection

Monitoring and Verification

• Collect and analyse information to assess risk in order to make evidence-based decisions
• Issuance of Pathogen and Toxin Licence^{Footnote 1}, issuance of HPTA security clearance
• Conduct inspections
• Provide inspection report to the regulated party
• Review shipping and custom declaration documents in collaboration with CFIA's National Import Service Center and the Canada Border Services Agency

Enforcement

HPTA/HPTR

Regulatory

Administrative Enforcement Activity

• Provide a notice of non-compliance
• Refuse issuance of Licence^{Footnote 1}
• Variation of the conditions and/or terms of Licence^{Footnote 1}
• Suspend, refuse to renew, or revoke Licence^{Footnote 1}
• Refuse to issue, suspend or revoke of security clearance

Inspection Enforcement Activity

• Provide inspection reports to the non-compliant regulated party
• Refuse entry of material into Canada
• Seizure and detention to prevent or stop non-compliance
• Forfeiture and disposal of seized material
• Issuance of orders by Inspectors

Penal^{Footnote 2}

Investigation

• Criminal code seizure (warrant)
• Investigation and Investigation report

After Inspection or Investigation

• Prosecution

HAA/HAR

Regulatory

Administrative Enforcement Activity

• Provide a notice of non-compliance
• Suspend, cancel or refuse to issue, amend or renew permits^{Footnote 1}

Inspection Enforcement Activity

• Provide inspection reports to the non-compliant regulated party
• Refuse entry of material into Canada
• Issue Notice of forfeiture, removal or destruction of imported material
• Issue Administrative Monetary Penalties (administered by the CFIA)

Penal^{Footnote 2}

Investigation

• Criminal code seizure (warrant)
• Investigation and Investigation report

After Inspection or Investigation

• Prosecution

Notes