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

Marginal note:Release of seized animal or thing

• 45 (1) If an inspector or officer is satisfied that the provisions of this Act and the regulations that apply with respect to an animal or thing seized under this Act have been complied with, the animal or thing must be released.

• Marginal note:Application for return

  (2) If proceedings are instituted in relation to an animal or thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held.

• Marginal note:Order

  (3) The Tribunal or court, as the case may be, may order that the animal or thing be returned to the applicant, subject to such conditions as the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, where the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the animal or thing and that it is not, or is not suspected of being, affected or contaminated by a disease or toxic substance.

Marginal note:Forfeiture

• 46 (1) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of any party to the proceedings, in addition to any penalty or punishment imposed, order that any animal or thing by means of or in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty in right of Canada.

• Marginal note:Forfeiture without conviction

  (2) Where the owner of an animal or thing seized and detained under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister may direct.

Marginal note:Disposal of forfeited animals and things

• 47 (1) If the Tribunal or the court, as the case may be, orders the forfeiture of an animal or thing under subsection 46(1), the animal or thing shall be disposed of as the Minister may direct.

• Marginal note:Return of seized animals and things where no forfeiture ordered

  (2) Where the Tribunal or court, as the case may be, does not order the forfeiture of an animal or thing, it or any proceeds realized from its disposition shall be returned to the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure.

• Marginal note:Exception

  (3) Where the Tribunal decides that the owner of an animal or thing or the person having the possession, care or control of it at the time of its seizure has committed a violation, or the owner of an animal or thing or the person having the possession, care or control of it at the time of its seizure is convicted of an offence under this Act, and a penalty or fine, as the case may be, is imposed,

  • (a) the animal or thing may be detained until the penalty or fine is paid;

  • (b) the animal or thing may be sold under execution in satisfaction of the penalty or fine; or

  • (c) any proceeds realized from its disposition under paragraph (b) or section 43 may be applied in payment of the penalty or fine.

Disposal and Treatment

Marginal note:Disposal of affected or contaminated animals and things

• 48 (1) The Minister may dispose of an animal or thing, or require its owner or any person having the possession, care or control of it to dispose of it, where the animal or thing

  • (a) is, or is suspected of being, affected or contaminated by a disease or toxic substance;

  • (b) has been in contact with or in close proximity to another animal or thing that was, or is suspected of having been, affected or contaminated by a disease or toxic substance at the time of contact or close proximity; or

  • (c) is, or is suspected of being, a vector, the causative agent of a disease or a toxic substance.

• Marginal note:Treatment

  (2) The Minister may treat any animal or thing described in subsection (1), or require its owner or the person having the possession, care or control of it to treat it or to have it treated, where the Minister considers that the treatment will be effective in eliminating or preventing the spread of the disease or toxic substance.

• Marginal note:Notice

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

Samples

Marginal note:Disposition of samples

49 A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.

Limitation on Liability

Marginal note:Her Majesty not liable

50 If a person must, under this Act, do anything or permit an inspector or officer to do anything, Her Majesty in right of Canada is not liable

• (a) for any costs, loss or damage resulting from the compliance; or

• (b) to pay any fee, including any rent or charge, for what is done or permitted to be done.

Marginal note:No liability

50.1 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

Compensation

Marginal note:Compensation to owners of animals

• 51 (1) The Minister may order compensation to be paid from the Consolidated Revenue Fund to the owner of an animal that is

  • (a) destroyed under this Act or is required by an inspector or officer to be destroyed under this Act and dies after the requirement is imposed but before being destroyed;

  • (b) injured in the course of being tested, treated or identified under this Act by an inspector or officer and dies, or is required to be destroyed, as a result of the injury; or

  • (c) reserved for experimentation under paragraph 13(2)(a).

• Marginal note:Amount of compensation

  (2) Subject to subsections (3) and (4), the amount of compensation shall be

  • (a) the market value, as determined by the Minister, that the animal would have had at the time of its evaluation by the Minister if it had not been required to be destroyed

  minus

  • (b) the value of its carcass, as determined by the Minister.

• Marginal note:Maximum value

  (3) The value mentioned in paragraph (2)(a) shall not exceed any maximum amount established with respect to the animal by or under the regulations.

• Marginal note:Additional compensation

  (4) In addition to the amount calculated under subsection (2), compensation may include such costs related to the disposal of the animal as are permitted by the regulations.

Marginal note:Compensation to owners of things

52 The Minister may order compensation to be paid from the Consolidated Revenue Fund to the owner of a thing that is destroyed under this Act and the amount of compensation shall be the market value, as determined by the Minister, that the thing would have had at the time of its evaluation if it had not been required to be destroyed, up to a prescribed amount, less any amount received in respect of it.

Marginal note:Compensation for costs of treatment

53 The Minister may order compensation to be paid from the Consolidated Revenue Fund to a person for costs incurred with respect to treatment required under paragraph 27.6(1)(a) or subsection 48(2), and the amount of compensation shall be the costs reasonably incurred by the person, as determined by the Minister.

Marginal note:Compensation withheld

• 54 (1) Compensation may be withheld in whole or in part where, in the opinion of the Minister,

  • (a) the owner of, or the person having the possession, care or control of, the animal or thing in respect of which compensation is claimed has committed a violation, or an offence under this Act, by means of or in relation to that thing;

  • (b) the animal or thing, at the time it was imported into Canada, was affected or contaminated by a disease or toxic substance; or

  • (c) the animal or thing was a vector, the causative agent of a disease or a toxic substance.

• Marginal note:Compensation forfeited

  (2) A person who contravenes section 16 or a regulation made under section 14 or 16, or who breaks, alters, tampers with or removes a seal or other identifying device in contravention of the regulations, forfeits any claim to compensation in respect of an animal or thing by means of or in relation to which the contravention occurred.

Marginal note:Regulations

55 The Minister may make regulations

• (a) respecting the method of calculating the market value of animals for which the Minister considers there is no readily available market;

• (b) establishing maximum amounts, or the manner of calculating maximum amounts, for the purpose of subsection 51(3) or section 52; and

• (c) permitting compensation for any costs related to the disposal of animals and things and for determining the amounts of the compensable costs, including maximum amounts, or a manner of calculating them.

Marginal note:Appeal

• 56 (1) A person who claims compensation and is dissatisfied with the Minister’s disposition of the claim may bring an appeal to the Assessor, but the only grounds of appeal are that the failure to award compensation was unreasonable or that the amount awarded was unreasonable.

• Marginal note:Time limit for bringing appeal

  (2) An appeal shall be brought within three months after the claimant receives notification of the Minister’s disposition of the claim, or within such longer period as the Assessor may in any case for special reasons allow.

Marginal note:Powers of Assessor

• 57 (1) On hearing an appeal, the Assessor may confirm or vary the Minister’s disposition of the claim or refer the matter back to the Minister for such further action as the Assessor may direct.

• Marginal note:Costs

  (2) Costs may be awarded to or against the Minister in an appeal.

• Marginal note:Decisions final

  (3) The decision of the Assessor on an appeal is final and conclusive and not subject to appeal to or review by any court.

Marginal note:Sittings and hearings

• 58 (1) The Assessor may sit and hear appeals at any place or places and shall arrange for sittings and hearings as may be required.

• Marginal note:Travel allowances

  (2) The Assessor is entitled to be paid such travel allowances as are payable for the attendances of a judge of the Federal Court under the Judges Act.