Keith Mack
Canada has a clear safety assessment process for genetically modified (GM) foods, which includes strict requirements for data and procedure. However, Health Canada and the Canadian Food Inspection Agency have been criticized for exempting some genetically engineered plants and foods from government oversight, particularly those produced through new genome editing techniques. A proposed bill, C-359, aims to expedite the approval process for new feeds, seeds, and pesticides used in other trusted jurisdictions, but it has faced opposition from environmentalists due to concerns about potential risks to the environment and human health. Canada has also faced issues regarding intellectual property rights, mandatory labeling policies, and the comingling of conventional, organic, GM, and non-GM crops.
| Characteristics | Values |
|---|---|
| GMO laws | GMOs used as food or animal feed must be approved before entering the market |
| GMO approval process | The approval process is based on numerous regulations that are enforced by Health Canada for foods, the Canadian Food Inspection Agency (CFIA) for seeds and livestock feed, and Environment Canada for new substances intended for environmental release |
| GMO approval requirements | Approvals for GMOs are required for both locally produced and imported products |
| GMO safety assessments | Health Canada has the mandate to assess the safety of foods for human consumption, including GMOs in foodstuff, and for authorizing them to be sold in Canada |
| GMO safety assessment process | Health Canada follows the Guidelines for the Safety Assessment of Novel Foods, with strict requirements for data and procedure |
| GMO safety | Internationally, scientists have concluded that GM foods pose no more risk to human health than non-GM foods |
| GMO regulation | Canada regulates products derived from biotechnology processes as part of its existing regulatory framework for "novel products." The focus is on the traits expressed in the products and not on the method used to introduce those traits |
| GMO labeling | Advertising or labeling the presence of GMOs in particular food is voluntary unless there is a health or safety concern |
| GMO policy issues | Intellectual property rights, mandatory labeling policies, and comingling between conventional, organic, GM, and non-GM crops |
| GMO lawsuits | Two legal disputes arising from the commercial production of GM canola resulted in claims of lost organic markets due to comingling and demands for financial compensation |
| GMO law proposals | A new bill proposes to allow provisional approval of new pesticides, seeds, and animal feeds that are legal in two or more other "trusted" jurisdictions, but this has been criticized as potentially harmful to the environment and human health |
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What You'll Learn
Health Canada and exemptions
Health Canada has been assessing GM foods for over 20 years. As of 2019, over 140 genetically modified foods have been permitted for sale in Canada. However, Health Canada and the Canadian Food Inspection Agency (CFIA) have been criticised for exempting some genetically engineered plants and foods from government oversight. Specifically, many of those produced through new genetic engineering techniques, such as genome editing (or gene editing), are not subject to the same regulatory scrutiny.
In 2021, Health Canada proposed removing regulation for some GMOs, prompting groups to call for mandatory safety assessments for all genetically engineered foods. Health Canada launched a public consultation on its proposal to remove government oversight for some genetically engineered foods. The proposal would have allowed some GMOs to enter the food system without any government safety assessments or notification to the federal government.
In 2023, newly released emails revealed the extent of industry influence over Health Canada's decision to reduce regulatory oversight of GM foods. A private member's bill, known as Bill C-359, was proposed to allow Canada's Pest Management Regulatory Agency (PMRA) and the CFIA to "provisionally" approve new pesticides, seeds, and animal feeds that are legal in other trusted jurisdictions. This bill was criticised as potentially forcing the government to approve products dangerous to the environment or human health without obtaining data about their risks.
Despite these concerns, Health Canada maintains a clear safety assessment process for GM foods, following the Guidelines for the Safety Assessment of Novel Foods. There are strict requirements for data and procedure, and Health Canada scientists may request additional information and scientific data from developers if needed. If a product does not meet the strict criteria, Health Canada may close its submission or allow the manufacturer to withdraw it voluntarily before a safety assessment is completed.
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Safety assessments
Canada does not have a biosafety framework to track GMOs released into the environment or the food production system. However, it does have a clear safety assessment process that follows the Guidelines for the Safety Assessment of Novel Foods. Health Canada is responsible for assessing the safety of foods for human consumption, including GMOs in foodstuff, and for authorizing them to be sold in Canada. This is done in accordance with the Food and Drugs Act and its regulations.
The approval process is based on numerous regulations enforced by Health Canada for foods, the Canadian Food Inspection Agency (CFIA) for seeds and livestock feed, and Environment Canada "for new substances intended for environmental release." Approvals for GMOs are required for both locally produced and imported products. As of 2012, over eighty-one genetically modified foods had been approved by CFIA.
The safety assessment process has strict requirements for data and procedure. A manufacturer, importer, or developer must submit detailed information to Health Canada about how the product was developed. If the data provided is not complete, Health Canada scientists will request additional information and scientific data from the developer. Some products that do not meet the strict criteria have their submissions closed by Health Canada or are withdrawn voluntarily by the manufacturer before a safety assessment is completed.
Health Canada scientists may supplement the information submitted by the manufacturer with relevant published data from the larger scientific community. The safety assessments consider how the GM food was developed, including any genetic changes made to any plant, animal, or microorganism used in the product. They also consider how the GM food compares to an equivalent non-modified food.
Despite the existence of this safety assessment process, there are concerns that some GMOs are entering the Canadian food system without any government safety assessments. In 2023, newly released emails revealed the extent of industry influence over Health Canada's decision to reduce regulatory oversight of GM foods. A proposed new bill could also allow GM seeds that haven't been evaluated for safety by the country's regulatory agencies to be planted in Canadian farms and forests. This bill has been criticized as ""beyond reckless" by environmentalists and lawyers, who argue that it could force the government to approve products dangerous to the environment or human health without consulting or obtaining data about their risks.
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Proposed new pesticide and GMO law
Canada's proposed new pesticide and GMO law has been described as "beyond reckless" by critics. The bill, known as C-359, would allow Canada's Pest Management Regulatory Agency (PMRA) and the Canadian Food Inspection Agency (CFIA) to "provisionally" approve new pesticides, seeds, and animal feeds that are legal in two or more other "trusted" jurisdictions. These jurisdictions have not yet been determined but could include countries or subdivisions of countries, such as individual U.S. states.
The bill's sponsor, Liberal MP Kody Blois, explained that it aims to help farmers access technologies used in other countries more quickly. Currently, Canadian farmers, especially those operating at an industrial scale, are at a competitive disadvantage compared to their American counterparts due to the U.S.'s more lenient pesticide rules.
However, critics argue that the bill risks forcing the federal government to approve products that are dangerous to the environment and human health without consulting or obtaining data about their risks. Ecojustice lawyer and pesticide expert Laura Bowman stated that the bill is "beyond reckless" and could potentially lead to the approval of banned pesticides like DDT.
In addition, the bill harkens back to an earlier "conditional registration" provision in Canada's pesticide laws that allowed the PMRA to "conditionally" approve pesticides for five years without a full health and environmental safety review. This practice was ended in 2016 due to criticism and concerns about the potential risks to public health and the environment.
Despite endorsements from groups like Canada's leading agrochemical lobby group, CropLife Canada, and the Canadian Federation of Agriculture, the bill is unlikely to become law in its current form. Environmentalists warn that a group of MPs backed by Canada's Big Ag lobby is leading a backdoor campaign to have its core tenets implemented.
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Regulation and scientific capacity
Canada does not have a biosafety framework to track GMOs released into the environment or the food production system. However, it does have a regulatory framework for "novel products" that includes products derived from biotechnology processes. The Canadian Food Inspection Agency (CFIA) is responsible for regulating genetically modified (GM) plants and approving GM feed for animals. Health Canada is responsible for assessing the safety of foods for human consumption, including GMOs in foodstuff, and for authorizing them to be sold.
Health Canada has a clear safety assessment process that follows the Guidelines for the Safety Assessment of Novel Foods. There are strict requirements for data and procedure. A manufacturer, importer, or developer must submit detailed information to Health Canada about how the GM food was developed, including any genetic changes made. If the data provided is not complete, Health Canada scientists will request more information and scientific data. Some products that do not meet the strict criteria have their submissions closed by Health Canada or are withdrawn voluntarily by the manufacturer before a safety assessment is completed. Health Canada scientists may supplement the information submitted by the manufacturer with relevant published data from the larger scientific community.
The approval process for GMOs in Canada is based on numerous regulations enforced by Health Canada for foods, the CFIA for seeds and livestock feed, and Environment Canada for "new substances intended for environmental release." Approvals are required for both locally produced and imported products. As of 2012, over eighty-one genetically modified foods had been approved by the CFIA. Canada's regulatory approach is to review products rather than processes, focusing on the traits expressed in the products rather than the methods used to introduce those traits. This approach applies to both traditional breeding methods and genetic engineering.
In 2001, the Royal Society of Canada (RSC), a senior national body of scholars, scientists, and artists, published a report that contained substantive critiques of Canadian regulatory processes and scientific capacity and concluded with 53 recommendations to address issues in four areas: fundamental policies and principles; specific regulations and guidelines; the regulatory process itself; and scientific capacity for the regulation of food biotechnology. In 1999, a Biotechnology Advisory Committee (CBAC), an expert panel advising the Government of Canada, was set up to assess the regulation of GM foods.
There have been concerns about the influence of lobbyists and industry on the regulation of GMOs in Canada. In 2023, newly released emails showed the extent of industry influence over Health Canada's decision to reduce regulatory oversight of GM foods. There have also been concerns about a proposed new pesticide and GMO law that would require government officials to give pesticide and agricultural companies a "provisional" registration within three months if the chemical is approved in other countries, potentially forcing the federal government to approve products dangerous to the environment or human health without consulting or obtaining data about their risks. However, it is important to note that this bill is unlikely to become law in its current form.
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Mandatory labelling policies
Canada does not have any specific laws for mandatorily labelling GM foods. However, in April 2004, the country adopted a national standard for voluntary labelling. This standard is not intended to address health and safety concerns as the Food and Drugs Act and Regulations already address those. Manufacturers may voluntarily disclose the GMO status of their product, subject to various regulations. For instance, a product claiming non-GMO status must ensure that all ingredients in a multi-ingredient product are not a product of genetic engineering. It must also contain supporting information on the label and cannot use absolute descriptive terms such as “free”, “100%”, or “all”.
Despite the absence of mandatory labelling laws, Canada has a clear safety assessment process that follows the Guidelines for the Safety Assessment of Novel Foods. There are strict requirements for data and procedure. For instance, a manufacturer, importer or developer must submit detailed information to Health Canada about how the GM food was developed, including any genetic changes made to any plant, animal or microorganism used in the product. If the data provided is not complete, Health Canada scientists will ask the developer for more information and scientific data. Some products that do not meet the strict criteria either have their submission closed by Health Canada or are withdrawn voluntarily by the manufacturer before a safety assessment is completed.
However, in November 2023, a new bill was proposed, which would require government officials to give pesticide and agricultural companies a "provisional" registration within three months if the chemical is approved in other countries like the U.S. This provisional registration would be considered valid indefinitely unless the government fully registers the product or the company decides to pull it from shelves. The bill is supported by Canada's leading agrochemical lobby group, CropLife Canada, and the Canadian Federation of Agriculture. However, environmentalists have warned that the bill could force the federal government to approve products dangerous to the environment or human health without consulting or even obtaining data about their risks.
In Canada, there is a strong public demand for mandatory labelling of GM foods. Between 1994 and 2001, eight polls confirmed that over 80% of Canadians wanted labelling. Another Ipsos Reid poll from September 2015 found that 88% of consumers in Canada want labelling. However, despite this public demand, the Canadian government has not implemented any mandatory labelling laws for GM foods.
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Frequently asked questions
No, Canada does not have anti-GMO laws. However, there is a push for more stringent GMO regulation.
GM foods and crops are regulated based on a narrow set of considerations. The government limits risk assessment to some safety questions and does not consider “non-scientific” concerns such as economic impacts. There is also a lack of transparency in the regulation of GMOs in Canada, with the process taking place without public participation.
There are concerns about the lack of transparency and the potential impact on the environment and human health. There is also worry that the government is giving too much power to big businesses and allowing them to sue the government for potential losses.
The Canadian government has proposed a new pesticide and GMO law that would require government officials to give provisional approval to pesticides and GMO seeds that are already approved in other countries. However, this bill has been criticised as "beyond reckless" by environmentalists and lawyers.
