Health of Animals Act (S.C. 1990, c. 21)

Marginal note:Recall order — Canadian Food Inspection Agency Act

11.1 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.

Marginal note:Throwing carcasses into water

12 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.

Marginal note:Digging up carcasses

• 13 (1) 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.

• Marginal note:Experimentation and examination

  (2) The Minister may

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

  • (b) 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.

Importation

Marginal note:Regulations prohibiting importation

14 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.

Marginal note:Prohibition of possession or disposition

• 15 (1) 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.

• Marginal note:Presumption

  (2) 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.

Marginal note:Importation into Canada

• 16 (1) 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.

• Marginal note:Regulations

  (2) 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.

Marginal note:Forfeiture of imports

17 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.

Marginal note:Removal or destruction of unlawful imports

• 18 (1) 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.

• Marginal note:Notice

  (2) 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.

• Marginal note:Forfeiture

  (3) 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.

• Marginal note:Suspension of application of subsection (3)

  (4) 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

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

  • (b) the animal or thing will not be sold within that period;

  • (c) 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

  • (d) 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.

• Marginal note:Cancellation

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

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

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

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

  • (d) 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.

• Marginal note:Period

  (6) The period for the purposes of subsection (5) is

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

  • (b) 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.

• Marginal note:Non-forfeiture

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

Exportation of Animals

Marginal note:Certificate required

• 19 (1) No person shall export an animal from Canada by vessel or aircraft unless

  • (a) 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

  • (b) 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.

• Marginal note:Presentation of animal

  (2) 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.

• Marginal note:Copy of certificate

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

  • (a) the master or agent of the vessel or the pilot in command or operator of the aircraft; and

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

• Marginal note:No departure without certificate

  (4) Where a vessel or aircraft that is to depart from Canada has an animal on board,

  • (a) no person shall send the vessel to sea or the aircraft on its flight, and

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

  unless a copy of a certificate in respect of the animal has been delivered in accordance with subsection (3).

• Marginal note:Detention

  (5) 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.

• Marginal note:Exemptions

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

Marginal note:Certain Acts not affected

20 Nothing in this Act affects

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

• (b) 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,

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

• (d) 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,

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.

International Assistance

Marginal note:Assistance

21 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.

Infected Places and Control Zones

Marginal note:Declaration of infected place

• 22 (1) 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.

• Marginal note:Delivery of declaration

  (2) 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.

Marginal note:Further declaration

• 23 (1) 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.

• Marginal note:Delivery of declaration

  (2) 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.