Health of Animals Act

This Act may be cited as the Health of Animals Act.

In this Act,

analyst means a person designated as an analyst pursuant to section 32; (analyste)

animal includes an embryo and a fertilized egg or ovum; (animal)

animal by-product includes blood or any of its components, bones, bristles, feathers, flesh, hair, hides, hoofs, horns, offal, skins and wool, and any thing containing any of those things; (sous-produit animal)

animal deadyard means a place where animal carcasses, animal by-products or disabled or diseased animals are brought when they are not to be prepared for human consumption; (atelier d’équarrissage)

animal food means any thing that is capable of being a nutriment for animals and includes any of the constituent elements of an animal ration; (aliments pour animaux)

animal product includes cream, eggs, milk, non-fertilized ova and semen; (produit animal)

Assessor means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act; (évaluateur)

conveyance means any aircraft, carriage, motor vehicle, trailer, railway car, vessel, cargo container or other contrivance used to move persons, animals or things; (véhicule)

customs officer means a person employed in the administration and enforcement of the Customs Act and includes any member of the Royal Canadian Mounted Police; (agent des douanes)

disease includes

a reportable disease and any other disease that may affect an animal or that may be transmitted by an animal to a person, and

the causative agent of any such disease; (maladie)

dispose includes slaughter or otherwise destroy, bury or render; (Version anglaise seulement)

document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; (document)

hatchery means, subject to any regulations made under subsection (2), a place where eggs are incubated or chicks are hatched; (couvoir)

infected place means a place that is constituted to be an infected place under section 22 or 23 or under the regulations; (lieu contaminé)

inspector means a person designated as an inspector pursuant to section 32; (inspecteur)

justice means a justice as defined in section 2 of the Criminal Code; (juge de paix)

Minister means the Minister of Agriculture and Agri-Food; (ministre)

officer means a person designated as an officer pursuant to section 32, but does not include an analyst; (agent d’exécution)

peace officer means a peace officer as defined in section 2 of the Criminal Code; (agent de la paix)

penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction)

place includes a conveyance; (lieu)

prescribed means prescribed by regulation; (Version anglaise seulement)

rendering plant means a place

where animal by-products are prepared or treated for use in, or converted into, fertilizers, animal food, fats or oils, other than fats or oils used for human consumption,

where a substance resulting from a process mentioned in paragraph (a) is stored, packed or marked, or

from which a substance resulting from a process mentioned in paragraph (a) is shipped; (usine de traitement)

reportable means prescribed as reportable by the Minister; (déclarable)

toxic substance means a substance prescribed as toxic by the Minister; (substance toxique)

Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission)

vector means an animal that has the potential to transmit a disease, directly or indirectly, from one animal or its excreta to another animal; (vecteur)

veterinary biologic means a thing that is manufactured, sold or represented for use in restoring, correcting or modifying organic functions in animals or for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state — or its symptoms — in animals and that is

a helminth, protozoa or micro-organism,

a substance or mixture of substances derived from animals, helminths, protozoa, micro-organisms or plants, or

a substance of synthetic origin; (produit biologique vétérinaire)

veterinary inspector means a veterinarian designated as an inspector pursuant to section 32; (vétérinaire-inspecteur)

violation means that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act. (violation)

any contravention of any provision of this Act or of a regulation made under this Act, or

any refusal or neglect to perform any duty imposed by or under this Act,

The Minister may make regulations excluding places from the definition hatchery and prescribing reportable diseases and toxic substances.

Toxic substances may be prescribed

in terms of the quantity or concentration in which substances are contained in other substances; and

by reference to substances specified in any published document, as amended from time to time.

This Act is binding on Her Majesty in right of Canada or a province.

The Governor in Council may, by order, define the limits of ports and of other places for the purposes of this Act.

A person who owns or has the possession, care or control of an animal shall notify the nearest veterinary inspector of the presence of a reportable disease or toxic substance, or any fact indicating its presence, in or around the animal, immediately after the person becomes aware of the presence or fact.

Immediately after a person who is a veterinarian or who analyses animal specimens suspects that an animal is affected or contaminated by a reportable disease or toxic substance, the person shall so notify a veterinary inspector.

[Repealed, 2015, c. 2, s. 85]

Where every person in that area who owns or has the possession, care or control of an animal shall affix at the entrance to the building or other enclosed place in which the animal is kept a notice forbidding entry without the person’s permission.

there exists in an area a disease or toxic substance that is capable of affecting animals, and

reasonable steps have been taken by the Minister to

bring the existence of the disease or toxic substance to the attention of persons having the possession, care or control of animals in the area, and

make those persons aware of the requirements of this subsection,

A person who owns or has the possession, care or control of an animal shall affix at the entrance to the building or other enclosed place in which the animal is kept a notice forbidding entry without the permission of an inspector or officer where there exists in the area a disease or toxic substance that is capable of affecting the animal and the inspector or officer requires such a notice to be so affixed.

No person shall knowingly enter a building or other enclosed place in contravention of a notice affixed under this section, unless the person has a right of entry or way into the building or place or any part thereof or an inspector or officer has authorized the entry.

No person shall conceal the existence of a reportable disease or toxic substance among animals.

No person shall turn out, keep or graze on any undivided or unenclosed land any animal that the person knows is affected or contaminated by, or has been exposed to, any reportable disease or toxic substance.

No person shall, without a licence issued by an inspector or officer, bring into any market, fair or other place any animal that is known by the person to be affected or contaminated by, or has been exposed to, any reportable disease or toxic substance.

No person shall, without a licence issued by an inspector or officer, sell or offer or expose for sale or otherwise transfer the ownership of whether or not the person is the owner of the animal, animal product or animal by-product.

any animal or any part of an animal that the person knows is affected or contaminated by, or has been exposed to, any reportable disease or toxic substance, or

any animal product or animal by-product that the person knows was obtained from an animal that was affected or contaminated by, or was exposed to, any reportable disease or toxic substance at the time of its death,

No person shall sell an animal or thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.

No person shall throw or place in any body of water the carcass or any part of an animal that at the time of its death was to the person’s knowledge affected or contaminated by, or was exposed to, any disease or toxic substance, or that was destroyed because it was, or was suspected of being, affected or contaminated by a disease or toxic substance.

No person shall, without lawful authority or excuse, dig up all or any part of the buried carcass of an animal that died or is suspected of having died as a result of being affected or contaminated by a disease or toxic substance, or that was destroyed because it was, or was suspected of being, affected or contaminated by a disease or toxic substance.

The Minister may

reserve for experimentation an animal required to be destroyed under this Act or the carcass of an animal destroyed under this Act; and

authorize an inspector or officer to perform a post mortem examination of the carcass of an animal that has died or is suspected of having died from a disease or toxic substance and, if the carcass is buried, to dig it up for the purpose of the examination.

The Minister may make regulations prohibiting the importation of any animal or other thing into Canada, any part of Canada or any Canadian port, either generally or from any place named in the regulations, for such period as the Minister considers necessary for the purpose of preventing a disease or toxic substance from being introduced into or spread within Canada.

No person shall possess or dispose of an animal or thing that the person knows was imported in contravention of this Act or the regulations.

In any prosecution for an offence under subsection (1), an accused who is found to have been in possession of an animal or thing that was imported in contravention of this Act or the regulations shall be considered, in the absence of evidence to the contrary, to have known that the thing was so imported.

Where a person imports into Canada any animal, animal product, animal byproduct, animal food or veterinary biologic, or any other thing used in respect of animals or contaminated by a disease or toxic substance, the person shall, either before or at the time of importation, present the animal, animal product, animal by-product, animal food, veterinary biologic or other thing to an inspector, officer or customs officer who may inspect it or detain it until it has been inspected or otherwise dealt with by an inspector or officer.

The Minister may make regulations for exempting animals or things from the application of this section and respecting the manner of presenting things for inspection.

Subject to section 18, if the Minister determines that an animal or thing has been imported — or an attempt has been made to import an animal or thing — in contravention of this Act or the regulations or that a requirement imposed by or under the regulations in respect of an imported animal or thing has not been met, it is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

An inspector or officer who has reasonable grounds to believe that an imported animal or thing has been imported in contravention of this Act or the regulations, is or could be affected or contaminated by a disease or toxic substance or is a vector or that a requirement imposed by or under the regulations in respect of an imported animal or thing has not been met may, by notice, whether the animal or thing is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to dispose of it.

The notice must either be delivered personally to the owner or importer of the animal or thing or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada.

If the animal or thing is not removed from Canada, or disposed of, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 45(1), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

An inspector or officer may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that

harm to human or animal health or, in the case of a veterinary biologic, to the environment is unlikely to result;

the animal or thing will not be sold within that period;

the measures that should have been taken for the animal or thing not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and

if the animal or thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.

An inspector or officer may cancel the notice if he or she is satisfied that

harm to human or animal health or, in the case of a veterinary biologic, to the environment is unlikely to result;

the animal or thing has not been sold within the period referred to in subsection (6);

the measures referred to in paragraph (4)(c) were taken within that period; and

if the animal or thing did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period.

The period for the purposes of subsection (5) is

if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and

if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent.

Section 17 does not apply to the animal or thing that is required to be removed from Canada.

No person shall export an animal from Canada by vessel or aircraft unless

prior notice of the export of the animal has been given to a customs officer in charge of the place where the animal is to board the vessel or aircraft and the animal has been presented to a veterinary inspector in accordance with subsection (2) at that place; and

a certificate of the veterinary inspector has been received by the person certifying that all the prescribed requirements respecting the health, protection and transportation of the animal have been complied with.

An animal that is required to be inspected shall be presented in such manner and under such conditions as the veterinary inspector considers necessary to carry out the inspection.

A copy of the certificate referred to in paragraph (1)(b) shall be delivered to

the master or agent of the vessel or the pilot in command or operator of the aircraft; and

the chief officer of customs of the port or airport from which the vessel or aircraft is to depart.

Where a vessel or aircraft that is to depart from Canada has an animal on board, unless a copy of a certificate in respect of the animal has been delivered in accordance with subsection (3).

no person shall send the vessel to sea or the aircraft on its flight, and

no person in charge of the vessel or aircraft shall take the vessel to sea or the aircraft on its flight,

The chief officer of customs referred to in paragraph (3)(b) shall detain animals until a copy of the certificate referred to in paragraph (1)(b) has been delivered to that officer.

The Minister may make regulations exempting animals or categories of animals and shipments and categories of shipments from the application of this section.

Nothing in this Act affects and this Act shall, with respect to the ports to which the Acts referred to in paragraphs (a) to (d) apply, be construed as having been enacted in addition to and not in derogation from those Acts.

the provisions of the Canada Shipping Act, 2001 respecting inspections authorized under paragraph 11(2)(e) of that Act to be carried out,

chapter 33 of the Statutes of Canada, 1871, entitled An Act to provide for the appointment of a Port Warden for the Harbor of Quebec,

chapter 11 of the Statutes of Canada, 1873, entitled An Act to amend the Acts relating to Port Wardens at Montreal and Quebec, or

chapter 45 of the Statutes of Canada, 1882, entitled An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal,

The Minister may provide assistance, both financial and technical, to any person or government outside Canada in controlling or eradicating a disease or toxic substance that affects or could affect persons or animals in Canada.

Where an inspector or officer suspects or determines that a disease or toxic substance exists in a place and is of the opinion that it could spread or that animals or things entering the place could become affected or contaminated by it, the inspector or officer may in writing declare that the place is infected and identify the disease or toxic substance that is believed to exist there, and such a declaration may subsequently be amended by the inspector or officer.

When the declaration is delivered to the occupier or owner of the place to which it relates, the place, together with all contiguous lands, buildings and other places occupied or owned by the occupier or owner, constitutes an infected place.

For the purpose of preventing the spread of a disease or toxic substance, an inspector or officer may in writing declare that any land, building or other place, any part of which lies within five kilometres of the limits of a place declared to be infected under section 22, is infected and identify the disease or toxic substance that could spread there.

When the declaration has been delivered to the occupier or owner of any land, building or other place mentioned in subsection (1), the land, building or other place, together with all contiguous lands, buildings and other places occupied or owned by the same occupier or owner, constitutes an infected place.

Where an inspector or officer cannot, after the exercise of due diligence, find the occupier or owner of any land, building or other place, delivery of a declaration may be effected by posting it on the building or on any building or conspicuous object on the land or at the place.

No person shall, without a licence issued by an inspector or officer, remove from or take into an infected place any animal or thing.

Where an inspector or officer believes on reasonable grounds that any animal or thing has been removed from or taken into an infected place in contravention of subsection (1), the inspector or officer may, whether or not the animal or thing is seized,

return it to or remove it from the infected place, or move it to any other place; or

require its owner or the person having the possession, care or control of it to return it to or remove it from the infected place, or move it to any other place.

A requirement under paragraph (2)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the animal or thing or by sending the notice to the owner or person, and the notice may specify the period within which and the manner in which the animal or thing is to be returned or removed.

A place, or any part of a place, that has been constituted to be an infected place by the delivery of a declaration under section 22 or 23 ceases to be an infected place when an inspector or officer declares in writing that

the disease or toxic substance described in the declaration

does not exist in, or will not spread from, the place or the part of the place, or

is not injurious to the health of persons or animals; or

the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance.

If the Minister believes that a disease or toxic substance exists in an area, he or she may, by order, declare the area to be a primary control zone, in which case the Minister shall describe the zone and identify the disease or toxic substance.

The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the primary control zone is declared.

No person shall remove from, move within or take into the primary control zone a designated animal or thing except in accordance with a permit issued by the Minister.

If the Minister makes an order under subsection 27(1), he or she may — for the purpose of preventing the spread of the disease or toxic substance identified in the order or monitoring that disease or toxic substance — by order, declare any area that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone.

If the Minister believes that a disease or toxic substance exists in an area outside Canada, he or she may — for the purpose of preventing the spread of that disease or toxic substance into Canada or monitoring that disease or toxic substance — by order, declare any area in Canada that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone and identify that disease or toxic substance.

The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the secondary control zone referred to in subsection (2) is declared.

The Minister may, by order, prohibit or impose conditions on — including requiring a permit for — removing from, moving within or taking into a secondary control zone a designated animal or thing.

Any person to whom an order made under subsection (4) applies shall comply with it.

A permit referred to in subsection 27(3) or 27.1(4) may be issued as a general permit to owners or persons having the possession, care or control of a designated animal or thing.

The Minister may, by order, amend or revoke an order made under subsection 27(1) or (2) or one made under any of subsections 27.1(1) to (4).

The Minister may take all reasonable measures that are consistent with public safety to remedy any dangerous condition or mitigate any danger to life, health, property or the environment that results, or may reasonably be expected to result, from the existence of a disease or toxic substance in a primary control zone.

The Minister may make regulations prohibiting or regulating the movement of persons or designated animals or things from, within or into a primary or secondary control zone for the purpose of controlling or eliminating a disease or toxic substance, in respect of which the primary control zone or a secondary control zone referred to in subsection 27.1(2) was declared, or preventing its spread.

The Minister may, in respect of a designated animal or thing that is or has been in a primary or secondary control zone,

treat that animal or thing or require its owner or the person having the possession, care or control of it to treat it or to have it treated if the Minister considers that the treatment will be effective in eliminating the disease or toxic substance or preventing its spread; or

dispose of that animal or thing or require its owner or the person having the possession, care or control of it to dispose of it.

If an inspector or officer believes on reasonable grounds that a designated animal or thing has been removed from, moved within or taken into a primary control zone in contravention of subsection 27(3) — or a secondary control zone in contravention of an order made under subsection 27.1(4) — the inspector or officer may, whether or not that animal or thing is seized, move it to any place or require its owner or the person having the possession, care or control of it to move it to any place.

A requirement under subsection (1) or (2) shall be communicated by the personal delivery of a notice to the owner or person having the possession, care or control of the animal or thing, or by sending the notice to the owner or person. The notice shall specify the period within which and the manner in which the requirement is to be met.

The Statutory Instruments Act does not apply in respect of a declaration under section 22, 23 or 26, an order made under subsection 27(1) or (2), any of subsections 27.1(1) to (4) or section 27.3 or a permit referred to in subsection 27(3) or 27.1(4) that is issued as a general permit.

The Minister shall take any steps that may be reasonable in the circumstances to make the order or general permit accessible to persons likely to be affected by it.

The Minister may operate, provide or approve any diagnostic, research, laboratory or other services or facilities required for the purposes of this Act or any regulations.

The Minister may designate areas, offices, laboratories or other facilities inside or outside Canada for a specified purpose or generally for the administration of this Act or the regulations and may at any time amend, cancel or reinstate any such designation.

For the purposes of this section, international transportation undertaking means

an undertaking that transports persons or things internationally;

an international road, railway, bridge or tunnel;

an airport that receives any aircraft operating on an international flight;

a port that receives any ship sailing on an international voyage; and

a warehouse or other facility that receives any international air, water, rail or road traffic.

The owner or operator of an international transportation undertaking shall, where required in writing by the Minister, provide and maintain adequate areas, offices, laboratories and other facilities, including buildings, accommodation, equipment, furnishings and fixtures, for inspection or for any other purpose related to the administration of this Act or the regulations.

The Minister may

cause to be made such improvements as the Minister considers desirable to any area, office, laboratory or other facility provided pursuant to subsection (2);

post, on or about the area, office, laboratory or other facility, any signs that the Minister considers appropriate for its operation or safe use or for the administration of this Act or the regulations; and

continue to use the area, office, laboratory or other facility for as long as the Minister requires it for the administration of this Act or the regulations.

Where an area, office, laboratory or other facility that is provided by an owner or operator pursuant to subsection (2) is not adequate for the purposes mentioned in that subsection, the Minister may require the owner or operator to carry out any construction or repairs in order to render the area, office, laboratory or other facility adequate for those purposes, and if the owner or operator fails to do so, the Minister may cause the construction or repairs to be carried out and the owner or operator shall be liable for all reasonable costs incurred by the Minister and those costs may be recovered by Her Majesty in right of Canada.

A requirement under subsection (4) shall be communicated by personal delivery of a notice to the owner or operator or by sending the notice to the owner or operator, and the notice may specify the period within which or the manner in which the construction or repairs are to be carried out.

Subject to subsection (7) and any regulations made under subsection (8), a dispute over the adequacy of any area, office, laboratory or other facility may be resolved by arbitration in accordance with the Commercial Arbitration Act.

Any area, office, laboratory or other facility that fails to meet the applicable requirements of Part II of the Canada Labour Code shall be deemed to be not adequate for the purposes mentioned in subsection (2).

The Governor in Council may make regulations for determining the adequacy of any area, office, laboratory or other facility for the purposes mentioned in subsection (2).

The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act analysts, inspectors, veterinary inspectors and officers for the purposes of this Act.

The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

Inspectors, officers and veterinary inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector, officer or veterinary inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise any of the powers and perform any of the duties or functions of the Minister under this Act, except the powers mentioned in subsections 27(1) and 27.1(1) and (2) and sections 27.4 and 27.5.

An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise the Minister’s powers under section 27.3 only in respect of orders made under subsections 27(2) and 27.1(3) and (4).

For the purposes of this Act, the Minister may enter into an agreement with any qualified person to perform such duties or functions as the Minister may specify, on such terms and conditions as the Minister may specify.

No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an analyst, inspector or officer who is performing duties or functions under this Act or the regulations.

The owner or the person in charge of a place entered by an inspector or officer under section 38 and every person found in the place shall

give the inspector or officer all reasonable assistance in the owner’s or person’s power to enable the inspector or officer to perform duties and functions under this Act or the regulations; and

furnish the inspector or officer with such information relevant to the administration of this Act or the regulations as the inspector or officer may reasonably require.

A peace officer shall provide such assistance as an inspector or officer may request for the purpose of enforcing this Act or the regulations.

An inspector or officer may, for the purpose of detecting diseases or toxic substances or for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector or officer, any document, information or sample specified by the inspector or officer.

A person who is ordered by an inspector or officer to provide a document, information or a sample has a duty to do so on the specified date, at the specified time and place and in the specified manner.

Where a seal or other identifying device authorized by the regulations has been affixed to a conveyance, container or other thing and the seal or device is broken, altered, tampered with or removed in contravention of the regulations, an inspector or officer may require that the conveyance, container or other thing, or any animal or thing contained in it, be placed in quarantine, disposed of or returned to its place of origin or to such other place as the inspector or officer may direct.

A requirement under subsection (1) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the conveyance, container or other thing or by sending the notice to the owner or person, and the notice may specify the period within which and the manner in which it is to be quarantined, disposed of or returned.