COO Procedure for Equivalency Determination

1.0 Scope and Purpose

The procedure describes the approach that needs to be followed by the competent authority having jurisdiction in a foreign country in order to obtain an equivalency agreement with Canada.

2.0 Authority

The authority for the determination of a foreign country's equivalency status is provided by:

1. Canada Agricultural Products Act
2. Organic Products Regulations 2009

3.0 Procedure

3.1 Submission of the application

3.1.1 Foreign country will have to submit an application for equivalency determination in writing to the following address:

Canada Organic Office
Canadian Food Inspection Agency
1400 Merivale Road
Ottawa, Ontario, K1A 0Y9

3.1.2 The application should include the following information:

1. The competent authority's contact person(s) and contact information.
2. The legal basis for the foreign government technical measures and assessment system.
3. The scope of the requested determination.
4. A detailed side-by-side comparison table of the technical measures and conformity assessment with a detailed documentation explaining the foreign government's position on the difference.
5. Supporting documentation describing all part of the conformity assessment procedure used in the foreign country. This documentation should include legal, specification and procedures, compliance and enforcement process.
6. All documents must be submitted in one of the official languages of Canada, English or French.

3.1.3 COO will acknowledge the receipt of the submission by official letter within seven working days.

3.1.4 Application review and assessment

1. COO will review the submission and will conduct a side-by-side comparison of the Canadian and foreign country's regulatory and technical measures and conformity assessment system by using the Equivalency Determination Analysis template.
2. The comparison analysis will be conducted in collaboration with other government departments and the industry.
3. A comparison table will be prepared and submitted to the foreign country for further review and discussion.
4. Additional information or documents or clarification purposes might be requested to ease the comparison process.
5. On-site assessment may be conducted to determine the extent to which the assessed competent authority demonstrates conformity with the requirements specified in the provided documentation.

3.1.5 Equivalency Negotiation

1. COO will coordinate the communication with foreign country regarding equivalency determination.
2. In formal negotiations, COO will work with the Department of Foreign Affairs and Agriculture, Agri-Food Canada and CFIA International to determine the equivalency status.
3. COO to deliver to foreign country results of equivalency status by official document.

3.1.6 Equivalency agreement

1. The equivalency agreement between the Canada and the foreign country will become effective upon signatures by both parties.
2. The equivalency agreement may be amended at any time by mutual understanding of the parties.
3. The equivalency agreement may be terminated by either party upon 90 days written notice to the other party.

4.0 Surveillance visits (Peer review)

4.1 The Parties will establish verification process to evaluate the effectiveness of each other's control systems. These systems were put in place to fulfil the requirements of organic certification.

4.2 The Parties will establish a verification cycle which will identify the frequency of the verification visits within five year cycle.

4.3 The verification will be conduced in accordance with previously agreed upon criteria.

4.4 The Parties shall establish Technical Working Group to consider matters that may arise in connection with the equivalency agreement. The Technical Working Group shall convene at least once each calendar year.

5.0 Obligations of the parties

Obligations, as a result of equivalency negotiation, may vary in some respects depending on the circumstances of the particular determination.

5.1 Each party will notify the other of any planned legislative changes or revised equivalency determination including changes in policies, procedures, standards or documents (certificates) which are relevant to the equivalency agreement.

5.2 COO will maintain list of foreign countries, including components of the Regime (Accreditation & Certification bodies).

5.3 Each Party shall promptly notify the other in writing of any changes in the list of its competent authorities and certifying agents.

5.4 Each Party shall promptly notify the other in writing of any instances of significant non-compliance with the Party's organic certification program.

5.5 Each party will notify the other of any product which is found to be in non-compliance, for example, as a result of unsatisfactory findings during monitoring, or as a result of consumer or trade complaint.

5.6 Upon receipt of such a notification, the exporting country should undertake the necessary investigation to determine the cause of the problem.

6.0 Person responsible

6.1 The COO international equivalency officer is responsible for maintain and review all the documents and records related to the equivalency negotiations.

7.0 Records

7.1 COO will maintain the following records in accordance with the requirements outlined in Section 7 from the COO Quality Manual Control of Documents and Records Policy:

1. Foreign Country application and document submission
2. Side by side comparison analysis and assessment report
3. Copy of the Export-Import Agreement
4. Correspondence relevant to the administration of the Agreement
5. Peer review reports
6. Corrective action plans
7. Results from the parties' verification activities