Health of Animals Regulations (C.R.C., c. 296)

Regulations are current to 2017-03-20 and last amended on 2015-07-01. Previous Versions

 No person shall use or export for human consumption as food specified risk material in any form, whether or not incorporated into another thing, where the specified risk material was removed from cattle slaughtered in Canada.

  • SOR/2003-264, s. 1.
  •  (1) Except in accordance with a permit or a licence issued by the Minister under section 160, no person shall receive, remove from any premises, use, transport out of any premises, treat, store, export, sell, distribute, confine or destroy specified risk material in any form, whether or not incorporated into another thing, if the specified risk material was removed from cattle slaughtered in Canada or was removed from, or is contained in, the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food.

  • (2) Subsection (1) does not apply to require a permit for staining under section 6.21 or 6.22.

  • (3) Subsection (1) does not apply in respect of specified risk material that was removed from cattle slaughtered for human consumption as food or that was removed from, or is contained in, the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material remains on the premises on which the cattle were slaughtered or were determined to be dead.

  • (4) Subsection (1) does not apply in respect of the use, as a fertilizer or as a fertilizer supplement, of material that is derived from specified risk material in any form that was removed from cattle slaughtered for human consumption as food or from cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the fertilizer or fertilizer supplement remains on the premises on which the cattle were slaughtered, died or were condemned.

  • (5) Subsection (1) does not apply in respect of the submission, to a level 2 containment laboratory, of samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed or in respect of activities related to the use of specified risk material in a level 2 containment laboratory.

  • (6) The Minister shall not issue a permit for the purpose of subsection (1) if the specified risk material is to be received, removed from any premises, used, transported, treated, stored, exported, sold or distributed in any form, whether or not incorporated into another thing, for human consumption as food.

  • (7) The Minister shall not issue a permit for the destruction of specified risk material unless the destruction is to be by incineration, or another method, that will ensure that the specified risk material and anything in which it is incorporated will not be used as food for humans and will not, or will not be likely to, result in the spread within Canada of Bovine Spongiform Encephalopathy.

  • SOR/2006-147, s. 13;
  • SOR/2012-286, s. 50.
  •  (1) Except in accordance with a permit issued under section 160, no person shall feed to any animal material in any form — whether or not incorporated into another thing — that is derived from specified risk material.

  • (2) Subsection (1) does not apply to a person who feeds a pet food, pet chew or pet treat to an animal if

    • (a) the country of origin of that product is the United States;

    • (b) the person, on entry into Canada from the United States, was in possession of the product and was accompanied by the animal to which it is fed;

    • (c) the person legally imported both the product and the animal into Canada; and

    • (d) the product is fed only to the animal that accompanied the person into Canada.

  • SOR/2006-147, s. 13;
  • SOR/2009-18, s. 5.

 Sections 6.4 and 6.5 do not apply in respect of material produced as a result of the destruction of specified risk material in accordance with a permit issued under section 160 for the purpose of section 6.4 if the material would not, or would not be likely to, result in the spread within Canada of Bovine Spongiform Encephalopathy.

  • SOR/2006-147, s. 13.

PART IIImportation

General

Designation

[SOR/2007-24, s. 2]
  •  (1) For the purpose of preventing the introduction of a disease into Canada from an animal or thing imported into Canada, the Minister may designate a country or part of a country as being free of a disease or as posing a negligible risk for a disease.

  • (1.1) The designation shall be in writing and be based on the following criteria respecting the country or part of the country that is the subject of the designation:

    • (a) the prevalence of the disease;

    • (b) the time since the most recent outbreak of the disease;

    • (c) the disease surveillance programs in effect;

    • (d) the measures taken to prevent the introduction or spread of the disease;

    • (e) the natural barriers to the movement of the disease;

    • (f) the zoosanitary infrastructure; and

    • (g) any other criteria relevant to the state, extent or propagation of the disease.

  • (2) The Minister may amend or repeal the designation.

  • (3) For the purpose of these Regulations, the Minister may describe, in writing, a part of a country.

  • SOR/79-839, s. 5;
  • SOR/97-85, s. 3;
  • SOR/2007-24, s. 3.

Electronic Documents

[SOR/2007-24, s. 4]
  •  (1) The Minister may accept a certificate or any other document referred to in this Part, any of Parts III to VIII or Part XVI that is transmitted in electronic form, including by facsimile.

  • (2) Every person who imports anything in respect of which a certificate or other document has been transmitted in electronic form to the Minister shall, upon the Minister’s request, provide the Minister with an original signed copy of the certificate or document.

  • SOR/78-69, s. 6;
  • SOR/79-839, s. 6;
  • SOR/97-85, s. 3;
  • SOR/98-409, s. 2;
  • SOR/2001-210, s. 2;
  • SOR/2010-296, s. 1.

Powers of Inspectors

[SOR/2007-24, s. 5]

 Where an inspector finds or suspects that

  • (a) a thing is a disease agent,

  • (b) an animal or thing imported into Canada is affected by or contaminated with a communicable disease, or

  • (c) any information or documentation required by or under the Act and these Regulations to prevent the introduction of any disease into Canada by an animal or thing is not presented to an inspector,

the inspector may order the person who owns or has possession, care or control of the animal or thing to quarantine the animal or thing, and the provisions of section 91.4 apply.

  • SOR/78-69, s. 6;
  • SOR/97-85, s. 3.

Importation of Germplasm and Animals

Definitions

 The definitions in this section apply in this section and in sections 11 to 16.

area

area means a country or, if so identified in the import reference document, a part of a country or a number of contiguous countries or contiguous parts of countries. (région)

area of origin

area of origin means

  • (a) with respect to a regulated animal, the area in which the animal was born or the area where the animal has lived without restrictions relating to disease, such as restrictions for isolation or quarantine, for the sixty-day period immediately before the date of entry; and

  • (b) with respect to germplasm, the area in which the germplasm was taken from a regulated animal or into which it was previously imported for unrestricted use. (région d’origine)

embryo

embryo means a fertilized ovum, other than a hatching egg, before it is implanted into an animal. (embryon)

equivalent risk area

equivalent risk area means, in respect of a species of regulated animal, an area identified as an equivalent risk area for that species in the import reference document. (région à risque équivalent)

germplasm

germplasm means semen, male or female germ cells or genetic material taken from a male or female germ cell for the purpose of producing a zygote and includes embryos but does not include a hatching egg. (matériel génétique)

import reference document

import reference document means the document prepared by the Agency and entitled Import Reference Document, bearing the date January 25, 2007 and policy number AHPD-DSAE-IE-2002-3-4. (document de référence)

low risk area

low risk area means, in respect of a species of regulated animal, an area identified as a low risk area for that species in the import reference document. (région à faible risque)

official veterinarian

official veterinarian means a veterinarian who is

  • (a) employed by the authority responsible for implementing and supervising or auditing the carrying out of veterinary services in a country, the issuance of certificates respecting the health and origin of animals in that country and the performance of inspections of regulated animals for the purpose of protecting animal and public health in that country; or

  • (b) authorized by that authority to issue those certificates and perform those inspections, if the systems for providing veterinary services, issuing authorizations and performing inspections in that country are equivalent to the corresponding systems in Canada in terms of their effectiveness in protecting animal and public health. (vétérinaire officiel)

regulated animal

regulated animal means a hatching egg, turtle, tortoise, bird, honeybee or mammal, but does not include

  • (a) germplasm;

  • (b) members of the orders Cetacea, Pinnipedia and Sirenia; or

  • (c) members of the order Rodentia, other than

    • (i) prairie dogs (Cynomys sp.), African Giant Pouched Rats (Cricetomys gambianus) and squirrels of the family Sciuridae, from any country, and

    • (ii) any other members of the order from Africa. (animal réglementé)

species

species means, in respect of germplasm, the species of the animal that it is from. (espèce)

undesignated area

undesignated area means, in respect of a species of regulated animal, an area identified as an undesignated area for that species in the import reference document. (région non désignée)

  • SOR/78-69, s. 7;
  • SOR/97-85, s. 4;
  • SOR/2001-210, s. 3;
  • SOR/2003-264, s. 2;
  • SOR/2004-80, s. 15;
  • SOR/2007-24, s. 6.
 
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