Short Title

1 These Regulations may be cited as the Health of Animals Regulations.

Interpretation

2 In these Regulations,

accredited veterinarian

accredited veterinarian means a veterinarian who is authorized to perform certain duties or functions under an agreement made under section 34 of the Act; (vétérinaire accrédité)

Act

Act means the Health of Animals Act; (Loi)

advertisement

advertisement includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of a veterinary biologic; (publicité)

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

air carrier

air carrier means the owner or operator of an aircraft engaged in the transportation of animals by air; (transporteur aérien)

animal by-product

animal by-product means an animal by-product that originated from a bird or from any mammal except a member of the orders Rodentia, Cetacea, Pinnipedia and Sirenia; (sous-produit animal)

animal embryo

animal embryo[Repealed, SOR/2001-210, s. 1]

animal embryo transfer centre

animal embryo transfer centre[Repealed, SOR/97-85, s. 1]

animal food

animal food means food containing an animal product or animal by-product for chickens, turkeys, ducks, geese, ratites, game birds, ruminants, swine or horses but does not include such things as fish meal or vitamin or mineral supplements which do not contain animal products or by-products; (aliments pour animaux)

animal glands and organs

animal glands and organs includes ox gall or bile, rennet and similar substances derived from domestic animals; (glandes et organes d’animaux)

animal pathogen

animal pathogen includes any animal pathogen derived through biotechnology; (agent zoopathogène)

animal product

animal product means an animal product that originated from a bird or from any mammal except a member of the orders Rodentia, Cetacea, Pinnipedia and Sirenia; (produit animal)

animal semen distribution centre

animal semen distribution centre means an establishment or vehicle from which animal semen is distributed; (centre de distribution de sperme animal)

animal semen production centre

animal semen production centre means an establishment where semen from ruminants or swine is collected or processed; (centre de production de sperme animal)

antibiotic

antibiotic[Repealed, SOR/2002-438, s. 6]

approved disinfection establishment

approved disinfection establishment means any factory, plant or other place approved by the Minister for the cleaning, disinfection or treatment of any animal by-product or any other thing; (établissement de désinfection approuvé)

approved laboratory

approved laboratory means an establishment or vehicle approved by the Minister for carrying out examinations or tests of animals; (laboratoire approuvé)

assigned name

assigned name means, with reference to a veterinary biologic, the name, in English or French, specified in a permit to import a veterinary biologic or in a product licence; (nom assigné)

association

association[Repealed, SOR/97-85, s. 1]

bee product

bee product includes bee pollen, bee propolis, royal jelly, beeswax and honey; (produit d’abeille)

biotechnology

biotechnology means the application of science and engineering to the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms; (biotechnologie)

bird of the parrot family

bird of the parrot family means parrot, Amazon, Mexican double head, African grey, cockatoo, macaw, love-bird, lorie, lorikeet, and any other member of the species psittacidae; (psittacidés)

blood meal

blood meal means dried blood of an animal; (farine de sang)

bone meal

bone meal means ground animal bones, hoofs or horns which may include pieces of hide, flesh or sinew; (farine d’os)

bovine

bovine means cattle or bison domestically raised or kept, but for the purposes of the import reference document does not include a bison that has ever been in contact with or part of a wild herd; (bovin)

brucellosis-accredited area

brucellosis-accredited area means an eradication area, or a part of one, that is declared to be a brucellosis-accredited area under subsection 75(1); (zone accréditée pour la brucellose)

brucellosis-free area

brucellosis-free area means an eradication area, or a part of one, that is declared to be a brucellosis-free area under subsection 75(3); (zone exempte de brucellose)

brucellosis free listed herd

brucellosis free listed herd[Repealed, SOR/97-85, s. 1]

brucellosis free region

brucellosis free region[Repealed, SOR/93-159, s. 1]

brucellosis low incidence region

brucellosis low incidence region[Repealed, SOR/93-159, s. 1]

brucellosis region

brucellosis region[Repealed, SOR/93-159, s. 1]

calf

calf[Repealed, SOR/2001-210, s. 1]

carrier

carrier means air carrier, sea carrier, motor carrier or railway company; (transporteur)

cattle

cattle means animals of the species Bos taurus or Bos indicus; (boeuf)

certified brucellosis-free herd

certified brucellosis-free herd[Repealed, SOR/78-205, s. 1]

chick

chick means, in relation to any species, a bird up to 72 hours of age that has not been fed or watered; (poussin)

communicable disease

communicable disease means an infectious or contagious disease; (maladie transmissible)

country of origin

country of origin means

• (a) with respect to an animal, the country from which the animal was imported into Canada, where the animal has lived for no less than 60 days in that country in association with other animals of its own species and, in any other case, means the country in which the animal was born,

• (b) with respect to an animal embryo, animal product or animal by-product, the country in which the animal embryo, animal product or animal by-product was taken from an animal, or

• (c) with respect to an animal product or animal by-product other than non-fertilized ova, semen and meat as defined in the Meat Inspection Regulations, 1990, the country into which the animal product or animal by-product was previously imported for unrestricted use or in which it has undergone processing that would prevent the introduction of any reportable disease or any other serious epizootic disease to which the species that produced the animal product or animal by-product is susceptible and which can be transmitted by the product or by-product in Canada and that results in unrestricted use in that country; (pays d’origine)

disease

disease means, for the purposes of Parts III and IV, any reportable disease or other serious epizootic disease to which an animal or germplasm is susceptible and which can be transmitted by the animal or germplasm; (maladie)

domestic cat

domestic cat means the animal felis domesticus; (chat domestique)

domestic dog

domestic dog means the animal canis domesticus; (chien domestique)

egg product

egg product means any of the following, namely, whole egg, egg shells, egg yolk, egg albumen or any mix of these, in a liquid, dried, frozen or fresh form; (produit d’oeuf)

equine

equine means a horse, ass, mule or zebra; (équidés)

eradication area

eradication area[Repealed, SOR/79-295, s. 1]

establishment licence

establishment licence means a licence issued by the Minister in respect of an establishment; (permis d’établissement)

expiration date

expiration date means a date designating the end of the period during which a veterinary biologic, when properly stored and handled, may be expected to be effective; (date de péremption)

flock of origin

flock of origin or herd of origin means the flock or herd of which an animal was a member, where the animal was a member of that flock or herd for not less than 60 days immediately preceding its importation into Canada and in any other case means the flock or herd in which it was born; (troupeau de provenance)

fowl plague

fowl plague means highly pathogenic avian influenza; (peste aviaire)

game bird

game bird means a wild bird kept in captivity and includes pheasants, partridges, quail, grouse, guinea fowl and pea fowl, but does not include doves, pigeons, ducks, geese, birds of the parrot family or songbirds; (gibier à plumes)

gluestock

gluestock means the hair, bones, hoofs, horns, fleshings, hide cuttings or parings of an animal or any other part of an animal that may be used in the manufacture of glue; (carnasse)

hatching eggs

hatching eggs means the fertilized eggs of poultry; (oeufs d’incubation)

Health of Animals Branch

Health of Animals Branch[Repealed, SOR/82-590, s. 1]

herd

herd[Repealed, SOR/91-525, s. 3]

herd

herd or flock, in respect of ruminants, means all ruminants

• (a) that are owned by, or are in the possession or under the care or control of, any person and are kept

  • (i) on one or more parts of any single premises, or

  • (ii) on two or more premises that are geographically separate, where the ruminants have been interchanged or have had contact, or

• (b) that are kept on a community pasture, grazing association unit or other common premises where the ruminants of more than one owner are kept, and includes any ruminants owned by the owners of those ruminants that are kept on any other premises and that are under the care or control of any of those owners; (troupeau)

herd of negative status

herd of negative status[Repealed, SOR/97-85, s. 1]

inspect

inspect includes test; (inspecter)

inspection

inspection means an inspection carried out by an inspector, except where a customs officer carries out an inspection pursuant to section 16 of the Act; (inspection)

inspection port

inspection port means a place listed in Schedule II where facilities exist to inspect animals; (poste d’inspection)

inspector

inspector[Repealed, SOR/97-85, s. 1]

label

label includes any legend, word or mark attached to, included in, belonging to or accompanying any veterinary biologic or package; (étiquette)

licensed establishment

licensed establishment means a place consisting of one or more rooms or buildings for which an establishment licence has been issued by the Minister; (établissement agréé)

livestock

livestock means animals of the bovine, caprine, equine, ovine and porcine species; (animaux de ferme)

livestock dealer

livestock dealer[Repealed, SOR/97-85, s. 1]

manufacture

manufacture includes prepare; (fabriquer)

manure

manure includes guano, feces with or without urine and anything containing feces from any bird, ruminant or porcine; (fumier)

meat meal

meat meal or tankage means the rendered and dried carcass or part of the carcass of an animal; (farine de viandeorrésidus de graisse)

milk

milk means the lacteal secretion obtained from the mammary gland of any ruminant, in concentrated, dried, frozen, reconstituted or fresh form; (lait)

milk product

milk product means any of the following, namely, partly-skimmed milk, skim milk, cream, butter, buttermilk, butter oil, whey, whey butter or whey cream, in concentrated, dried, frozen or reconstituted or fresh form, but does not include milk proteins, milk sugars and milk enzymes; (produit du lait)

Minister

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

motor carrier

motor carrier means the owner or operator of a motor vehicle engaged in the transportation of animals by motor vehicle; (transporteur routier)

non-ambulatory animal

non-ambulatory animal means an animal of the bovine, caprine, cervid, camelid, equine, ovine, porcine or ratite species that is unable to stand without assistance or to move without being dragged or carried. (animal non ambulatoire)

non-designated region

non-designated region[Repealed, SOR/85-545, s. 1]

official vaccinate

official vaccinate[Repealed, SOR/2001-210, s. 1]

official veterinarian

official veterinarian of a country means, for the purposes of all Parts except Part II, a veterinarian employed by the government of that country; (vétérinaire officiel)

package

package includes anything in which any veterinary biologic is wholly or partly contained, placed or packed; (emballage)

part of a country

part of a country[Repealed, SOR/2001-210, s. 1]

poultry

poultry means domestic fowl and pigeons and includes any bird that is in captivity; (volaille)

product licence

product licence means a licence issued by the Minister to manufacture the veterinary biologic described in the licence; (permis de fabrication)

product outline

product outline means a detailed description of

• (a) the process followed in preparing a veterinary biologic and any diluent to be used therewith,

• (b) the methods and procedures to be employed in handling, storing, administering and testing a veterinary biologic and any diluent to be used therewith, and

• (c) the tests used to establish the purity, safety, potency and efficacy of a veterinary biologic, and the purity and safety of any diluent to be used therewith, and the results of all such tests; (données générales sur le produit)

purebred

purebred[Repealed, SOR/97-85, s. 1]

quarantine port

quarantine port means a place listed in Schedule I where facilities exist to quarantine animals; (poste de quarantaine)

railway company

railway company means a railway company engaged in the transportation of livestock by rail; (compagnie de chemin de fer)

raw wool, hair or bristles

raw wool, hair or bristles means wool, hair or bristles taken from an animal but does not include wool tops, wool waste, wool noils, wool laps, small trade samples of wool, lime pulled wool and hair, scoured wool and hair and carbonized wool and hair; (laine, poils et soies bruts)

registered processed egg station

registered processed egg station has the same meaning as in the Processed Egg Regulations; (poste enregistré d’oeufs transformés)

ruminant

ruminant means an animal of the suborder Ruminatiae and includes an animal of the family Camelidae; (ruminant)

sea carrier

sea carrier means the owner or operator of a vessel engaged in the transportation of animals by water; (transporteur maritime)

serious epizootic disease

serious epizootic disease means a disease which the Minister considers to pose a serious economic threat to Canada’s agricultural economy or to human health; (épizootie grave)

song bird

song bird means canary, finch, oriole, cardinal and any other songster; (oiseau chanteur)

tag

tag means an ear tag stamped with the letters “H of A” and includes any device used for the identification of an animal pursuant to the Act and these Regulations; (bague)

test

test includes

• (a) the collection of body tissue or fluid from an animal, and

• (b) the injection of an animal for the purpose of determining that animal’s freedom from or infection with disease; (épreuve)

tuberculosis-accredited advanced area

tuberculosis-accredited advanced area means an eradication area, or a part of one, that is declared to be a tuberculosis-accredited advanced area under subsection 74(3); (zone accréditée supérieure pour la tuberculose)

tuberculosis-accredited area

tuberculosis-accredited area means an eradication area, or a part of one, that is declared to be a tuberculosis-accredited area under subsection 74(1); (zone accréditée pour la tuberculose)

tuberculosis-accredited herd

tuberculosis-accredited herd[Repealed, SOR/97-85, s. 1]

tuberculosis-free area

tuberculosis-free area means an eradication area, or a part of one, that is declared to be a tuberculosis-free area under subsection 74(5); (zone exempte de tuberculose)

United States

United States means the states of the United States that are on the mainland of the North American continent and the state of Hawaii; (États-Unis)

untanned hide or skin

untanned hide or skin means the outer covering of ruminants, ratites, equines and porcines that is raw and has not been chemically processed into a permanent and durable form of leather; (peau ou cuir non tannés)

veterinarian

veterinarian means a person duly qualified to practice veterinary medicine under the laws of the place where he practises; (vétérinaire)

veterinary biologic

veterinary biologic includes any veterinary biologic derived through biotechnology. (produit vétérinaire biologique)

Veterinary Inspection, Operations

Veterinary Inspection, Operations[Repealed, SOR/97-85, s. 1]

veterinary inspector

veterinary inspector[Repealed, SOR/97-85, s. 1]

PART ISegregation and Inspection of Animals

Segregation and Confinement

• 3 (1) Where an animal

  • (a) is affected or suspected of being affected with a communicable disease,

  • (b) has been in contact with an animal so affected or suspected of being so affected,

  • (c) is in an eradication area, or

  • (d) is imported or tendered for import into Canada,

  an inspector may order the person having the possession, care or custody of the animal to keep separate the animal in a place and manner suitable for inspection and testing within the period of time specified by the inspector.

• (2) Every person who receives an order referred to in subsection (1) shall comply with the order.

3.1 [Repealed, SOR/79-839, s. 3]

Inspection

4 An inspector may inspect any animal in Canada that

• (a) is affected or suspected of being affected with a communicable disease;

• (b) has been in contact with an animal so affected or suspected of being so affected;

• (c) is in an eradication area; or

• (d) is imported or tendered for import into Canada.

• 5 (1) Where an animal is affected or suspected of being affected with a communicable disease or has been in contact with an animal so affected or suspected of being so affected, a veterinary inspector may order the person having the possession, care or custody of the animal,

  • (a) to quarantine, keep separate or treat the animal,

  • (b) to destroy the animal, or

  • (c) to destroy the animal and dispose of its carcass

  in such a manner, at such a place or places, under such conditions and within such period of time as are necessary to prevent the spread of the communicable disease, which manner, place or places, conditions and time shall be specified in the order.

• (2) Every person who receives an order referred to in subsection (1) shall comply with the order.

• (3) Where an order referred to in subsection (1) requiring an animal to be destroyed or destroyed and disposed of is not complied with within the time specified therein, a veterinary inspector may have the animal

  • (a) removed to and destroyed at an establishment registered under the Meat Inspection Act; or

  • (b) destroyed at a time and place determined by him, and have its carcass disposed of as determined by him.

6 Where an inspector finds or suspects that

• (a) a thing is a disease agent,

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

• (c) any record or document required by or under the Act and these Regulations to prevent the spread of any disease within Canada, or to any other country from Canada, by an animal or thing is not produced for inspection by 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.

PART I.1Specified Risk Material

6.1 In this Part, specified risk material means

• (a) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older; and

• (b) the distal ileum of cattle of all ages.

6.2 Every person who slaughters, cuts up or debones cattle for human consumption as food shall ensure that the specified risk material has been removed from the cattle.

6.3 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.

PART IIImportation

General

Powers of Inspectors

• 7 (1) For the purpose of preventing the introduction of disease and of controlling the importation of animals and things into Canada, the Minister may, based on such criteria as the prevalence of disease in a country or part of a country, the time since the last outbreak of the disease, the surveillance programs in effect, the measures taken to prevent the introduction or spread of the disease, natural barriers to the movement of the disease and the zoosanitary infrastructure, designate in writing, countries or parts of countries which the Minister considers to be free from the diseases specified in the designation.

• (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.

• 8 (1) The Minister may accept a certificate or any other document referred to in this Part or in Parts III to VIII 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.

9 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.

Importation of Germplasm and Animals

Definitions

10 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 June 20, 2003 and policy number AHPD-DSAE-IE-2002-3-1A and available on the Agency’s web site or by requesting a copy from the Agency. (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 germplasm or members of the orders Rodentia, Cetacea, Pinnipedia and Sirenia. (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)

Germplasm

• 11 (1) Subject to subsection (2), no person shall import germplasm of any regulated animal except

  • (a) in accordance with a permit issued by the Minister under section 160; or

  • (b) in accordance with all applicable provisions of the import reference document.

• (2) Canine semen is exempt from the requirements of these Regulations.

Regulated Animals

• 12 (1) Subject to section 51, no person shall import a regulated animal except

  • (a) in accordance with a permit issued by the Minister under section 160; or

  • (b) in accordance with subsections (2) to (6) and all applicable provisions of the import reference document.

• (2) A regulated animal may be imported without a permit from an area that is an equivalent risk area for an animal of that species if it is accompanied by a certificate of an official veterinarian from that area that

  • (a) clearly identifies the animal and its area of origin; and

  • (b) verifies that a veterinarian inspected the animal within five days before it was exported to Canada and found it to be clinically healthy and fit to travel without undue suffering.

• (3) A regulated animal may be imported without a permit from an area that is a low risk area for an animal of that species if the person importing the animal meets any applicable post-entry conditions set out in the import reference document and the animal is accompanied by a certificate of an official veterinarian from that area that

  • (a) clearly identifies the animal and its area of origin; and

  • (b) shows that the animal conforms with all applicable conditions, other than post-entry conditions, that are set out in the import reference document.

• (4) A regulated animal may be imported without a permit from an area that is an undesignated area for an animal of that species if there are provisions in the import reference document that relate to the importation of that species and those provisions are complied with.

• (5) A regulated animal that is imported for slaughter or for confinement in a restricted premises, such as a zoo or laboratory facility, may be imported without a permit if all applicable provisions of the import reference document are complied with and the following conditions are met:

  • (a) the animal is to be transported directly from its port of entry to its destination in accordance with a licence that has been issued by the Minister under section 160;

  • (b) the animal is being transported by means of a conveyance that has had all exits by which the animal could leave the conveyance sealed by an official of the government of the country from which it is imported; and

  • (c) the animal will not come into contact with the national herd in Canada.

• (6) A regulated animal, other than a porcine, may be imported without a permit if it is transported directly between Rainy River, Ontario and Sprague, Manitoba via the state of Minnesota by means of a conveyance that has had all exits by which the animal could leave the conveyance sealed by an official of the government of Canada or of the United States.

13 No person shall import a regulated animal if a certificate required by this Part, or required under an import permit required by this Part, contains any false or misleading information.

• 14 (1) No person shall import a regulated animal that has, on or after the day described in subsection (2), been in contact with another animal, or with a thing used in respect of another animal, if that other animal poses a greater risk for the transmission or spreading of a disease than does the regulated animal.

• (2) The day referred to in subsection (1) is the earliest of the days on which begins any period of isolation, any testing or the performance of any other procedure required in respect of the importation by the import reference document or by a permit issued under section 160.

15 No person shall import a regulated animal unless it is clearly identified at the time of importation.

16 Every person who imports a regulated animal shall keep records that clearly indicate its original source and the date and place of importation.

17 to 33.1 [Repealed, SOR/2001-210, s. 3]

PART IIIImportation of Animal Products

Dairy Products and Certain Eggs

• 34 (1) No person shall import milk or milk products into Canada from a country other than the United States or from a part of such a country, unless

  • (a) the country or part of the country is designated as free of foot and mouth disease pursuant to section 7; and

  • (b) the person produces a certificate of origin signed by an official of the government of the country of origin that shows that the country of origin or part of such a country is the designated country or part thereof referred to in paragraph (a).

• (2) Subject to subsection (3), no person shall import unfertilized bird eggs or egg products into Canada from a country other than the United States or from a part of such a country, unless

  • (a) the country of origin or part of such a country is designated as free of avian pneumoencephalitis (Newcastle disease) and fowl plague pursuant to section 7;

  • (b) the person produces a certificate of origin signed by an official of the government of the country of origin that shows that the country of origin or part of such a country is the designated country or part thereof referred to in paragraph (a); and

  • (c) the eggs are packed in containers that are clean and free from dirt and residue of eggs.

• (3) Paragraph (2)(a) does not apply to eggs imported into Canada if they are transported under seal of an inspector direct from the place of entry to a registered processed egg station approved by the Minister.

• 34.1 (1) Notwithstanding subsections 34(1) and (2), a person may import an animal product referred to therein if the person produces a document that shows the details of the treatment of the animal product and the inspector is satisfied, based on the source of the document, the information contained in the document and any other relevant information available to the inspector and, where necessary, on an inspection of the animal product, that the importation of the animal product into Canada would not, or would not be likely to, result in the introduction into Canada, or the spread within Canada, of a vector, disease or toxic substance.

• (2) Notwithstanding subsections 34(1) and (2), a person may import a dairy product or an egg from a country other than the United States under and in accordance with a permit issued by the Minister under section 160.

• (3) [Repealed, SOR/2000-184, s. 65]

35 to 39 [Repealed, SOR/2001-210, s. 4]

39.1 [Repealed, SOR/93-159, s. 4]

PART IVImportation of Animal By-products, Animal Pathogens and other Things

Importation Prohibited

40 No person shall import into Canada an animal by-product, manure or a thing containing an animal by-product or manure except in accordance with this Part.

• 41 (1) A person may import into Canada from the United States an animal by-product, manure or a thing containing an animal by-product or manure, other than a thing described in section 45, 46, 47.1, 49, 50, 51, 51.2 or 53, if Revenue Canada, Customs determines that the country of origin is the United States.

• (2) A person may import into Canada from a country or a part of a country that is not the United States an animal by-product, manure or a thing containing an animal by-product or manure, other than a thing described in section 45, 46, 47, 47.1, 49, 50, 51, 51.2 or 53, if

  • (a) the country of origin or part of such a country is designated as free of any reportable disease or any other serious epizootic disease to which the species that produced the thing is susceptible and which can be transmitted by the thing; and

  • (b) the person produces a certificate signed by an official of the government of the country of origin that shows that the country of origin or part of such a country is the designated country or part thereof referred to in paragraph (a).

• 41.1 (1) Notwithstanding section 41, a person may import into Canada an animal by-product or a thing containing an animal by-product, other than a thing described in section 45, 46, 47, 47.1, 49, 50, 51, 51.2 or 53, if

  • (a) an inspector is satisfied on reasonable grounds that the animal by-product is processed in a manner which would prevent the introduction into Canada of any reportable disease or any other serious epizootic disease to which the species that produced the animal by-product is susceptible and which can be transmitted by the animal by-product, provided that the animal by-product or the thing containing the animal by-product is not intended for use as animal food or as an ingredient in animal food;

  • (b) [Repealed, SOR/97-362, s. 1]

• (2) No person shall, in respect of any animal by-product or thing containing an animal by-product that has been imported in accordance with subsection (1), use or cause it to be used as animal food or as an ingredient in animal food.

Raw Wool, Hair or Bristles, Hide or Skin

42 A person may import into Canada raw wool, hair or bristles or an untanned hide or skin from a country or a part of a country not referred to in section 41 if

• (a) the article is transported under seal of an inspector directly from the place of entry to an approved disinfection establishment for disinfection in accordance with these Regulations; or

• (b) in the case of an untanned hide or skin, an inspector is satisfied that the article

  • (i) is a hard dried hide or skin of an animal,

  • (ii) has been pickled in a solution of salt containing mineral acid and was packed in a leakproof container while still wet with such solution; or

  • (iii) is the hide or skin of an animal and has been treated with lime so as to become de-haired.

Animal Glands and Organs

• 42.1 (1) A person may import raw animal glands and animal organs into Canada from a country or a part of a country not referred to in section 41 if the glands and organs are transported under seal of an inspector directly from the place of entry to an establishment approved by the Minister for the purposes of processing in accordance with subsection (2).

• (2) An establishment referred to in subsection (1) shall process the raw glands and organs in a manner that would prevent the introduction of any reportable disease or any other serious epizootic disease to which the species that produced the glands and organs is susceptible and which can be transmitted by the glands and organs.

• (3) A person who imports raw animal glands or animal organs into Canada shall not transport them or cause them to be transported to any place other than an establishment referred to in subsection (1) until after they have been processed in accordance with subsection (2).

Boneless Beef

43 A person may import into Canada cooked, boneless beef from a country or a part of a country not referred to in section 41 if

• (a) it was processed in a place and in a manner approved by the Minister;

• (b) it is accompanied by a meat inspection certificate of an official veterinarian of the exporting country in a form approved by the Minister; and

• (c) on examination, an inspector is satisfied that it is thoroughly cooked.

44 [Repealed, SOR/97-85, s. 35]

Gluestock

• 45 (1) No person shall import gluestock into Canada unless

  • (a) the conditions referred to in section 41 are met; and

  • (b) the person importing it transports it directly from the place of entry to an establishment approved by the Minister for purposes of processing the gluestock in accordance with subsection (2).

• (2) An establishment referred to in paragraph (1)(b) shall process the gluestock in a manner that would prevent the introduction of any reportable disease or any other serious epizootic disease to which the species that produced the gluestock is susceptible and which could be transmitted by the gluestock in Canada.

• (3) A person who imports gluestock into Canada shall not transport it or cause it to be transported to any place other than the establishment referred to in subsection (1) until it has been processed in accordance with subsection (2).

Bone Meal, Animal Manure, Tankage, Feather Meal, Garbage and Ship’s Refuse

• 46 (1) No person shall import meat and bone meal, bone meal, blood meal, tankage (meat meal), feather meal, any other product of a rendering plant or manure into Canada unless

  • (a) the person meets the conditions set out in sections 166 to 171;

  • (b) the product originated

    • (i) in the United States as determined by Revenue Canada, Customs, or

    • (ii) in a country other than the United States and

      • (A) the country of origin, or the part of that country from which the product originated, is designated as free from any reportable disease or other serious epizootic disease to which the species that produced the product is susceptible and that can be transmitted by the product, and

      • (B) the person produces a certificate signed by an official of the government of the country of origin that shows that the country of origin, or the part of that country from which the product originated, is the designated country or part referred to in clause (A); and

  • (c) an inspector is satisfied that it is processed in a manner that would prevent the introduction of any reportable disease or other serious epizootic disease to which the species that produced the product is susceptible and that can be transmitted by the product in Canada.

• (2) Subsection (1) does not apply to manure found on a vehicle that is entering Canada from the United States and that has been used to transport animals, other than swine, where the manure was produced by those animals.

47 Subject to section 47.1, no person shall import into Canada garbage or refuse that contains or is suspected of containing an animal product or an animal by-product from any country other than the United States.

• 47.1 (1) In this section,

  aircraft garbage

  aircraft garbage means garbage that contains or is suspected to contain an animal product or an animal by-product and that originated in food that was taken on board an aircraft and was served or intended to be served for consumption on the aircraft by the passengers or crew of the aircraft en route to Canada; (déchets d’aéronef)

  animal manure

  animal manure means manure that is produced by animals on board a ship or aircraft while en route to or after arrival in Canada; (fumier)

  ship’s refuse

  ship’s refuse means refuse that contains or is suspected to contain an animal product or an animal by-product and that originated in food that was taken on board a vessel and was served or intended to be served for consumption on the vessel by the passengers or crew of the vessel en route to Canada; (rebuts de navire)

• (2) Subject to subsections (6) and (7), no person shall discharge in Canada ship’s refuse or animal manure from a country other than the United States unless the ship’s refuse or animal manure is discharged in a closed leakproof container at the first port of entry or, where necessary, at another place approved by the Minister, under the supervision of or to the satisfaction of an inspector in such a manner that the discharge would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance and is without delay

  • (a) incinerated;

  • (b) heated throughout to a temperature of at least 100⁰C for a period of not less than 30 minutes and disposed of in a sanitary landfill site approved by the Minister, under the supervision of or to the satisfaction of an inspector in such a manner that the disposition would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance; or

  • (c) moved to a sanitary landfill site approved by the Minister and buried with a covering of not less than 1.8 meters under the supervision of or to the satisfaction of an inspector in such a manner that the burial would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

• (3) Subject to subsections (6) and (7), no person shall, without meeting the requirements of subsection (2), discharge in Canada ship’s refuse from the United States that contains or is suspected of containing an animal product or an animal by-product that

  • (a) did not originate in the United States or Canada; or

  • (b) is not eligible for importation into the United States or Canada, other than as ship’s refuse.

• (4) Subject to subsections (3), (6) and (7), no person shall discharge in Canada aircraft garbage from any country or ship’s refuse from the United States, unless the aircraft garbage or ship’s refuse is

  • (a) treated and disposed of in accordance with the requirements of subsection (2); or

  • (b) without delay moved, under the supervision of or to the satisfaction of an inspector in such a manner that the movement would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance, and disposed of in a sanitary landfill site approved by the Minister.

• (5) Subject to subsections (6) and (7), no person shall discharge ship’s refuse or animal manure referred to in subsection (2), ship’s refuse referred to in subsection (3) or aircraft garbage or ship’s refuse referred to in subsection (4), from an aircraft or vessel, as the case may be, at a place where it cannot be treated and disposed of in accordance with this section.

• (6) Aircraft garbage, ship’s refuse and animal manure may be discharged at a place where that garbage, refuse or manure cannot be treated and disposed of in accordance with this section if it is

  • (a) forthwith transported to, and treated and disposed of in accordance with this section at, another place approved by the Minister; and

  • (b) handled, transported and kept under the supervision of or to the satisfaction of an inspector in such a manner that the handling, transportation or keeping would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

• (7) The Minister may permit aircraft garbage, ship’s refuse and animal manure to be discharged by a person at a place where it is temporarily impossible to treat and dispose of that garbage, refuse or manure in accordance with this section, if

  • (a) the Minister is satisfied, based on the circumstances, that it will subsequently be treated and disposed of in accordance with this section; and

  • (b) it is stored in the interim at that place in such a manner and for such period of time as an inspector may specify in order to prevent the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

• (8) Every person who transports aircraft garbage, ship’s refuse or animal manure under subsection (6) or stores aircraft garbage, ship’s refuse or animal manure under subsection (7) shall comply with any requirements of an inspector under those provisions in respect of that transportation or storage, as the case may be.

• (9) [Repealed, SOR/97-85, s. 37]

• (10) The owner or person in charge of a vessel or aircraft referred to in this section shall ensure that the requirements of this section are complied with.

Ships’ Stores

48 A person may import into Canada meat or meat by-products from a country or a part of a country not referred to in section 41 if the meat or meat by-product is kept on a ship as ships’ stores.

Carcasses of Game Animals

• 49 (1) No person shall import the carcass of a game animal unless

  • (a) the condition referred to in subsection 41(1) is met; and

  • (b) the person importing the carcass holds a permit for that game animal issued pursuant to the applicable legislation of the United States or a state thereof.

• (2) The number of carcasses that a person may import into Canada shall be the number established by the applicable legislation referred to in paragraph (1)(b).

General

50 No person shall import into Canada

• (a) matted or blood-stained wool, hair or bristles; or

• (b) any animal by-product or manure that was taken or removed from an animal affected with anthrax, foot-and-mouth disease, rinderpest or Bovine Spongiform Encephalopathy or any reportable disease or any other serious epizootic disease to which the species that produced the animal by-product or manure is susceptible and which can be transmitted by the animal by-product.

Animal Pathogens, Animals or Other Organisms, Animal Blood and Animal Serum

51 Subject to section 51.2, no person shall, except under and in accordance with a permit issued by the Minister under section 160, import into Canada any

• (a) animal pathogen;

• (b) animal, animal product, animal by-product or other organism carrying an animal pathogen or part of one; or

• (c) animal blood or animal serum, other than a veterinary biologic,

  • (i) from a bird or a mammal, except a member of the orders Rodentia, Cetacea, Pinnipedia and Sirenia, and

  • (ii) that are to be used in animals.

51.1 Where any animal pathogen, animal or other organism, animal blood or animal serum referred to in section 51 is imported into Canada under a permit, no person shall

• (a) move the imported pathogen, animal or other organism, blood or serum from the place or places specified in the permit to any other place, except under and in accordance with that permit or another permit issued for that purpose by the Minister under section 160; or

• (b) introduce into an animal the imported pathogen, animal or other organism, blood or serum, except under and in accordance with that permit or another permit issued for that purpose by the Minister under section 160.

• 51.2 (1) A person may import into Canada animal blood or animal serum, other than a veterinary biologic, if it does not contain an animal pathogen or part of one and

  • (a) the country of origin is determined by Revenue Canada, Customs, to be the United States; or

  • (b) the country of origin or part of it is designated as free from any reportable disease or any other serious epizootic disease to which the species that produced the blood or serum is susceptible and that can be transmitted by the blood or serum, and the person who imports the blood or serum produces a certificate signed by an official of the government of the country of origin that shows that the country of origin or part of it is the designated country or part.

• (2) No person shall in any manner expose to or use in a live animal, animal blood or animal serum imported in accordance with subsection (1).

Importation Permitted

• 52 (1) Notwithstanding anything in this Part, a person may import an animal by-product if the person produces a document that shows the details of the treatment of the animal by-product and the inspector is satisfied, based on the source of the document, the information contained in the document and any other relevant information available to the inspector and, where necessary, on an inspection of the animal by-product, that the importation of the animal by-product into Canada would not, or would not be likely to, result in the introduction into Canada, or the spread within Canada, of a vector, disease or toxic substance.

• (2) Notwithstanding anything in this Part, a person may import an animal by-product under and in accordance with a permit issued by the Minister under section 160.

• (3) [Repealed, SOR/2000-184, s. 67]

Animal Food

53 No person shall import into Canada any animal food that contains an animal product or animal by-product, or an animal product or animal by-product that is to be used as animal food or as an ingredient in animal food, unless

• (a) either

  • (i) the country of origin is determined by Revenue Canada, Customs, to be the United States, or

  • (ii) the country of origin or part of it is designated as free from any reportable disease or any other serious epizootic disease to which the species that produced the animal product or animal by-product is susceptible and that can be transmitted by the product or by-product, and the person who imports the animal food produces a certificate signed by an official of the government of the country of origin that shows that the country of origin or part of it is the designated country or part; and

• (b) the product originated

  • (i) in the United States as determined by Revenue Canada, Customs, or

  • (ii) in a country other than the United States and

    • (A) the country of origin, or the part of that country from which the product originated, is designated as free from any reportable disease or other serious epizootic disease to which the species that produced the product is susceptible and that can be transmitted by the product, and

    • (B) the person produces a certificate signed by an official of the government of the country of origin that shows that the country of origin, or the part of that country from which the product originated, is the designated country or part referred to in clause (A); and

• (c) in the case of animal food carried on board a vessel, the master of the vessel certifies that no ruminants or swine were taken on board the vessel, except animals that meet the requirements of an import permit issued under these Regulations.

PART VImportation of Fodder

54 No person shall import into Canada from any country other than the United States any fodder to be used to feed ruminants, swine or horses except grains, cereals and seeds.

PART VIImportation of Packing Material, Beehives and Beeswax

Packing Material

• 55 (1) No person shall import into Canada hay, straw or grasses in which merchandise, goods or articles are packed unless

  • (a) the shipment is accompanied by a certificate of an official veterinarian of the exporting country showing that the hay, straw or grasses were disinfected in a manner approved by the Minister; or

  • (b) where no such certificate accompanies the shipment, the hay, straw or grasses are forthwith

    • (i) disinfected under the supervision of an inspector at a fumigation station approved by the Minister, or

    • (ii) incinerated.

• (2) Notwithstanding subsection (1), hay, straw or grasses in which merchandise, goods or articles are packed may be imported into Canada from a country of origin or part of such a country designated by the Minister as free of foot-and-mouth disease pursuant to section 7.

56 [Repealed, SOR/97-85, s. 45]

Beehives and Beeswax

57 No person shall import into Canada

• (a) used beehives or used beehive equipment; or

• (b) bee products for bee feeding unless

  • (i) they are accompanied by a certificate stating that they have been treated in a manner approved by the Minister to prevent the introduction or spread of any disease, or

  • (ii) they are transported under seal of an inspector direct from the point of importation to an establishment approved by the Minister for treatment.

PART VIIQuarantine of Imported Animals

Quarantine Ports and Inspection Ports

• 58 (1) Except as otherwise provided in these Regulations, every animal imported into Canada may be admitted only at a quarantine port, an inspection port or other place approved by the Minister.

• (2) Every animal imported into Canada by air from any country other than the United States may be admitted only at Gander, Halifax, Montreal, Toronto, Winnipeg, Calgary, Edmonton, Vancouver or other place approved by the Minister.

• (3) Except as otherwise provided in these Regulations, every animal imported into Canada is subject to inspection, testing and treatment at a quarantine port, an inspection port or other place approved by the Minister for inspection purposes.

59 The Minister may, for the purpose of preventing the introduction of communicable disease into Canada or into any other country from Canada, require any animal imported into Canada to be quarantined, and the provisions of section 91.4 apply.

60 An animal required to be quarantined pursuant to these Regulations shall be quarantined at a quarantine port or other place approved by the Minister for quarantine purposes.

61 No person shall remove from a quarantine port, inspection port or other place approved by the Minister pursuant to section 60 an animal subject to quarantine pursuant to section 59 until the animal has been quarantined by an inspector.

62 The Minister may order the owner or the person having the possession, care or control of an animal imported by or under these Regulations to remove the animal from Canada or to destroy the animal if the animal fails to prove negative to any test for a disease required by or under these Regulations.

63 to 65 [Repealed, SOR/97-85, s. 48]

66 and 67 [Repealed, SOR/98-584, s. 3]

68 [Repealed, SOR/97-85, s. 49]

PART VIIIExportation of Animals and Animal Products

General

• 69 (1) Subject to this Part, no person shall export out of Canada livestock, poultry, animal embryos or animal semen unless

  • (a) the person has obtained a certificate of a veterinary inspector or a certificate of an accredited veterinarian endorsed by a veterinary inspector issued before shipment that clearly identifies the livestock, poultry, animal embryos or animal semen and shows

    • (i) that a veterinary inspector or an accredited veterinarian has inspected the livestock, poultry, animal embryos or animal semen and found it to be free from any communicable diseases,

    • (ii) the date and place of inspection, and

    • (iii) where tests have been performed, the nature of each test and that the livestock, poultry, animal embryos or animal semen proved negative to such tests; and

  • (b) the importation requirements of the country to which the livestock, poultry, animal embryos or animal semen are exported have been complied with.

• (1.1) Paragraph (1)(a) does not apply in respect of swine or ruminants exported to the United States for immediate slaughter.

• (2) No person shall export animal semen out of Canada unless the semen, from the time it was collected, was stored in an animal semen production centre or other place approved by the Minister.

• (3) No person shall export livestock, poultry, animal embryos or animal semen unless the certificate referred to in subsection (1) bears the mark of the official export stamp referred to in subsection (4).

• (4) The official export stamp required by this section shall contain the words “Government of Canada — CANADIAN FOOD INSPECTION AGENCY — Gouvernement du Canada — AGENCE CANADIENNE D’INSPECTION DES ALIMENTS” and it shall be applied on a certificate only by a veterinary inspector or a person authorized by one.

• (5) No person except a veterinary inspector or a person authorized by him shall have in his possession an official export stamp or any facsimile thereof.

• (6) For the purpose of this section, animal embryo means a fertilized ovum of a mammal before it is implanted into a mammal.

• (7) Paragraph (1)(a) and subsection (3) do not apply to a regulated animal, other than a porcine, if it is transported directly between Rainy River, Ontario and Sprague, Manitoba via the state of Minnesota by means of a conveyance that has had all exits by which the animal could leave the conveyance sealed by an official of the government of Canada or of the United States.

70 [Repealed, SOR/98-409, s. 9]

Rest Period

• 71 (1) Subject to subsection (2), no person shall export any animal out of Canada to any country other than the United States unless he has obtained the consent of an inspector if the animal has not been at the place of embarkation for at least 12 hours.

• (2) Subsection (1) does not apply to the export of animals out of Canada from an airport.

72 [Repealed, SOR/97-85, s. 51]

72.1 [Repealed, SOR/93-159, s. 7]

PART IXEradication of Diseases

Eradication Areas

73 Each province is established as an eradication area wherein

• (a) any ruminant, equine or porcine animal may be inspected, segregated and tested for tuberculosis or brucellosis; and

• (b) area and herd disease eradication programs are instituted for the eradication of tuberculosis and brucellosis in ruminants.

73.1 Every owner or person in charge of animals in an eradication area shall, when requested to do so by a veterinary inspector or an accredited veterinarian endorsed by a veterinary inspector, permit tests for communicable disease to be conducted on the animals.

Bovine Tuberculosis

• 74 (1) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-accredited area for a period of one year if

  • (a) he or she is satisfied

    • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, affected with bovine tuberculosis during the previous year does not exceed 0.1% of the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, and

    • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

  • (b) the eradication area, or part of it, has fewer than 10,000 bovine herds and he or she is satisfied

    • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed cervidae in the eradication area, or part of it, affected with bovine tuberculosis during the previous year does not exceed ten affected herds,

    • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period, and

    • (iii) that adequate bovine tuberculosis control and eradication measures in the eradication area, or part of it, will be maintained during that period.

• (2) The Minister shall revoke a declaration made under subsection (1) if the conditions for making the declaration are no longer met.

• (3) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-accredited advanced area for a period of one year if

  • (a) he or she is satisfied

    • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, affected with bovine tuberculosis during each of the two previous years does not exceed 0.01% of the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, and

    • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

  • (b) the eradication area, or part of it, has fewer than 30,000 bovine herds and he or she is satisfied

    • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed cervidae in the eradication area, or part of it, affected with bovine tuberculosis during each of the two previous years does not exceed three affected herds,

    • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period, and

    • (iii) that adequate bovine tuberculosis control and eradication measures in the eradication area, or part of it, will be maintained during that period.

• (4) The Minister shall revoke a declaration made under subsection (3) if the conditions for making the declaration are no longer met.

• (5) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-free area for a period of one year if

  • (a) he or she is satisfied

    • (i) from tests or statistical analysis that no cases of bovine tuberculosis have occurred among the herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, during the previous five years, and

    • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

  • (b) the eradication area, or part of it, was previously declared to be a tuberculosis-free area and he or she is satisfied

    • (i) from tests or statistical analysis that no cases of bovine tuberculosis have occurred among the herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, during the previous three years, and

    • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period.

• (6) The Minister shall revoke a declaration made under subsection (5) if two or more herds affected with bovine tuberculosis have been detected in the eradication area, or part of it, within a period of 48 months beginning at any time after the area last became a tuberculosis-free area.

• (7) For the purposes of this section, a herd is considered to be affected by bovine tuberculosis if at least one case of bovine tuberculosis has been detected in the herd.

74.1 [Repealed, SOR/2002-444, s. 2]

Bovine Brucellosis

• 75 (1) The Minister may declare an eradication area, or a part of one, to be a brucellosis-accredited area for a period of three years if he or she is satisfied

  • (a) from tests or statistical analysis that the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, affected with bovine brucellosis during each of the previous three years does not exceed 0.1% of the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it; and

  • (b) that a surveillance program sufficient to ensure the discovery of bovine brucellosis in the eradication area, or part of it, will be maintained during that period.

• (2) The Minister shall revoke a declaration made under subsection (1) if the conditions for making the declaration are no longer met.

• (3) The Minister may declare an eradication area, or a part of one, to be a brucellosis-free area for a period of three years if he or she is satisfied

  • (a) from tests or statistical analysis that no cases of bovine brucellosis have occurred among the herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, during the previous five years; and

  • (b) that a surveillance program sufficient to ensure the discovery of bovine brucellosis in the eradication area, or part of it, will be maintained during that period.

• (4) The Minister shall revoke a declaration made under subsection (3) if two or more herds affected with bovine brucellosis have been detected in the eradication area, or part of it, within a period of 60 months beginning at any time after the area last became a brucellosis-free area.

• (5) For the purposes of this section, a herd is considered to be affected by bovine brucellosis if at least one case of bovine brucellosis has been detected in the herd.

Movement Permits

• 76 (1) No person shall, without a permit issued by the Minister under section 160, move, or cause to be moved,

  • (a) a member of the Cervidae family from one place in Canada to another place in Canada;

  • (b) a bovine from a tuberculosis-accredited to a tuberculosis-accredited advanced area or a tuberculosis-free area;

  • (c) a bovine from a tuberculosis-accredited advanced area to a tuberculosis-free area; or

  • (d) a bovine from a brucellosis-accredited area to a brucellosis-free area.

• (2) No person shall receive, or possess, without a permit issued by the Minister under section 160, an animal that has been moved in contravention of subsection (1).

• (3) Every person to whom a permit mentioned in subsection (1) or (2) is issued, and every person to whose premises a member of the Cervidae family, or a bovine originating from a tuberculosis-accredited area, tuberculosis-accredited advanced area or a brucellosis-accredited area, is moved, shall keep a copy of the permit.

77 to 78.25 [Repealed, SOR/93-159, s. 9]

General

78.26 Where, under this Part, a permit, certificate or other document is required for the removal or transportation of an animal, the person having the care or custody of the animal shall, when requested to do so by an inspector or peace officer appointed under the Act, produce the permit, certificate or other document.

78.27 Where, in the opinion of the Minister, an animal is moved into an area or region in violation of this Part, the Minister may order that the animal be forthwith taken back to the area or region from which it was moved or to an area or region of equal or lesser health status.

Pullorum Disease and Fowl Typhoid

79 In this section and sections 79.1 to 79.2,

approved hatchery supply flock

approved hatchery supply flock means a flock of chickens or turkeys that is

• (a) a primary breeding flock or a flock descended from a primary breeding flock, and

• (b) designated as an approved hatchery supply flock in accordance with any regulations in force in the province in which the flock is located; (troupeau approuvé fournisseur de couvoirs)

approved laboratory

approved laboratory means an establishment or a vehicle approved by the Minister for use in carrying out examinations of poultry, poultry products or poultry by-products; (laboratoire approuvé)

chicken

chicken means any bird of the species Gallus gallus; (poulet)

eradication area

eradication area means a pullorum disease and fowl typhoid eradication area established under section 79.1; (zone d’éradication)

fluff

fluff means the chick down and dust produced in a hatcher during the hatching process; (duvet)

game bird

game bird[Repealed, SOR/97-85, s. 56]

hatcher

hatcher means any equipment in which eggs hatch; (éclosoir)

hatchery

hatchery[Repealed, SOR/2000-184, s. 69]

health monitored hatchery

health monitored hatchery means a hatchery in respect of which a permit has been issued by the Minister

• (a) pursuant to these Regulations, or

• (b) pursuant to the Hatchery Regulations; (couvoir contrôlé)

identification tag

identification tag means a tag on which letters or numbers are inscribed for the purpose of identifying a chicken, turkey or game bird; (étiquette d’identification)

primary breeding flock

primary breeding flock means a flock of chickens or turkeys comprising one or more generations of chickens or turkeys that is maintained for the purpose of establishing, continuing or improving parent lines; (troupeau primaire de reproduction)

Regional Veterinary Director

Regional Veterinary Director[Repealed, SOR/2000-184, s. 69]

registered hatchery

registered hatchery[Repealed, SOR/83-901, s. 1]

show

show means a competition or an exhibition in which chickens, turkeys or game birds are judged according to their class, breed or variety characteristics as set out in the American Standard of Perfection published by the American Poultry Association Inc.; (foire)

show flock

show flock means a flock of chickens, turkeys or game birds from which birds of the flock are occasionally or regularly exhibited in shows; (troupeau de foire)

turkey

turkey means any bird of the species Meleagris gallopavo. (dindon)

79.1 Vancouver Island, the remainder of British Columbia and each province are established as eradication areas wherein poultry, poultry products and poultry by-products may be inspected segregated and tested for pullorum disease and fowl typhoid and wherein eradication programs are instituted for pullorum disease and fowl typhoid.

79.11 Every owner or person in charge of poultry in an eradication area shall, when requested to do so by a veterinary inspector, permit tests for communicable diseases to be conducted on the poultry, their products or by-products.

• 79.12 (1) The Minister may declare an eradication area to be free of pullorum disease or fowl typhoid if bacteriological tests or epidemiological studies conducted in the area during the previous three years have not identified pullorum disease or fowl typhoid in any approved hatchery supply flock in the area.

• (2) The Minister may revoke a declaration made under subsection (1) if he is satisfied that

  • (a) any person in the eradication area has contravened or failed to comply with section 79.11, 79.13, 79.14, 79.15, 79.16, 79.17, 79.18, 79.19 or 79.2; or

  • (b) pullorum disease or fowl typhoid infection has been identified in and has spread from a flock of chickens, turkeys or game birds in the eradication area to any other flock of chickens, turkeys or game birds and has not been eradicated within one year of the date that the infection was identified.

79.13 No person shall transport or permit to be transported day old chicks or hatching eggs into an eradication area that has been declared by the Minister to be free of pullorum disease or fowl typhoid from an eradication area that has not been so declared unless the chicks or eggs are accompanied by a certificate, signed by an inspector or an individual appointed for that purpose by the province from which the chicks or eggs originate, indicating that the flock of origin has been sampled and tested serologically in accordance with subsection 79.17(1) during the previous 15 months and the tests have proven negative for pullorum disease and fowl typhoid.

• 79.14 (1) Subject to subsection (3), no owner or person in charge of a chicken, turkey or game bird shall exhibit the chicken, turkey or game bird in a show unless it is

  • (a) identified by an identification tag; and

  • (b) accompanied by a certificate, signed by an inspector or an individual appointed for that purpose by the province from which the bird originates, indicating

    • (i) that serological tests have been conducted within the 12 months preceding the show on all birds in the flock of origin that were four weeks of age and older at the time the tests were conducted,

    • (ii) that the serological tests have proven negative for pullorum disease and fowl typhoid,

    • (iii) that the chicken, turkey or game bird was included in the flock of origin at the time the serological tests were conducted or was a natural increase to the flock of origin since that time,

    • (iv) the date on which the serological tests were conducted, and

    • (v) the details of the identification tag.

• (2) Subject to subsection (3), no person in charge of a show shall permit to be shown or exhibited at the show a chicken, turkey or game bird that does not have an identification tag or is not accompanied by a certificate described in subsection (1).

• (3) Subsections (1) and (2) do not apply in respect of a chicken, turkey or game bird that is hatched in a province where serological tests have been conducted since July 1, 1982 on all birds of the age referred to in subparagraph (1)(b)(i) of each show flock in that province and such tests have proven negative for pullorum disease and fowl typhoid.

79.15 No person shall keep a chicken, turkey or game bird on the same premises as an approved hatchery supply flock unless the chicken, turkey or game bird has been tested serologically and found free of Salmonella pullorum and Salmonella gallinarum or has come directly from a health monitored hatchery.

• 79.16 (1) Every owner or person in charge of an approved hatchery supply flock shall keep a record of all mortality in that flock for the life of the flock.

• (2) Where the mortality of an approved hatchery supply flock of chickens exceeds three per cent or the mortality of an approved hatchery supply flock of turkeys exceeds five per cent for birds during the first two weeks of life, the owner or person in charge of the flock shall immediately submit to an approved laboratory a sample of dead birds from the flock and any other such birds as may be subsequently requested by the person in charge of the laboratory to be cultured for the presence of Salmonella pullorum and Salmonella gallinarum.

• 79.17 (1) Every owner or person in charge of a primary breeding flock shall have the flock tested serologically for Salmonella pullorum and Salmonella gallinarum at intervals of not less than six months and not more than 15 months in accordance with the serological test schedule set out in Schedule VI and shall report to the Minister, in writing, the results of all such tests.

• (2) Each chicken or turkey that is tested pursuant to subsection (1) shall be identified by an identification tag.

79.18 No owner or person who operates, manages or is in charge of a hatchery that hatches chicken, turkey or game bird eggs shall use the hatchery to hatch eggs of game birds or have on the premises of the hatchery eggs of game birds unless the eggs originate from

• (a) a hatchery supply flock of game birds that is approved in accordance with any regulations in force in the province in which the flock is located; or

• (b) a flock of origin in which the game birds in the flock over four weeks of age have been tested serologically in accordance with the serological test schedule set out in Schedule VI within the 15 months preceding the time the eggs arrived at the hatchery and found free of Salmonella Pullorum and Salmonella Gallinarum.

• 79.19 (1) No person shall operate a hatchery in an eradication area unless

  • (a) the hatchery is a health monitored hatchery; and

  • (b) individual fluff samples or such other samples as may be required by an inspector from each hatcher in the hatchery are submitted by the owner or operator of the hatchery to an approved laboratory for testing every sixth week as follows:

    • (i) in respect of a hatchery that hatches less than four times a week, samples shall be submitted from all hatchers from which chicks are removed during the sixth week, and

    • (ii) in respect of a hatchery that hatches four or more times a week, samples shall be submitted from all hatchers from which chicks are removed on two consecutive days during the sixth week.

• (2) A person who wishes to obtain a permit shall apply to the Minister.

• (3) Every application for a permit shall have annexed thereto a copy of the plans and specifications of the hatchery showing

  • (a) the dimensions of the rooms and the positions of doors, windows, stairways and drains;

  • (b) the lighting, heating and ventilating systems;

  • (c) the location of equipment; and

  • (d) the materials to be used in the construction of all floors, walls and ceilings.

• (4) Where the premises in respect of which a permit was issued are not operated as a hatchery for a period of 12 consecutive months, the permit shall expire at the end of that period.

• (5) The Minister may refuse to issue a permit if the Regional Director is of the opinion that the hatchery in respect of which the permit is applied for is not maintained and equipped in accordance with section 8 of the Hatchery Regulations and cannot be operated in accordance with that section.

• (6) A separate permit shall be issued and a permit number assigned for each of the premises in which a hatchery is to be operated.

• (7) No person shall sell or remove chicks from a hatchery that does not meet the requirements of paragraphs (1)(a) and (b) unless he has the permission of the Minister in writing.

• (8) Every operator of a hatchery shall ensure that any chick or unhatched embryo that is killed in the hatchery is killed in a humane manner.

79.2 Every owner or person in charge of a chicken, turkey or game bird that on serological testing shows a reaction that may indicate exposure to or the presence of Salmonella pullorum or Salmonella gallinarum shall immediately submit the chicken, turkey or game bird to an approved laboratory for culturing or further testing.

Serious Outbreaks of Communicable Diseases

• 80 (1) Subject to subsection (3), where the Minister has declared a control area pursuant to subsection 27(1) of the Act, the Minister may designate the animals or things likely to be infected or contaminated by the disease and, from the time the Minister makes the designation, no person shall, without the permission of an inspector or such other person as the Minister may designate, move

  • (a) any designated animal or thing

    • (i) into the designated area,

    • (ii) out of the designated area, or

    • (iii) from a place in the designated area except to a contiguous place in the designated area occupied by the same person; or

  • (b) any flesh, hides, hoofs, horns or other parts of animals designated in the order, or, in the case of poultry, the eggs thereof, or any hay, straw, fodder, cereal grain or other things used for feeding or caring for such animals

    • (i) out of the designated area, or

    • (ii) from a place in the designated area except to a contiguous place in the designated area occupied by the same person.

• (2) Any permission to move an animal or any other thing referred to in subsection (1) given by an inspector or such other person designated by the Minister may be general or particular.

• (3) Subsection (1) does not apply in respect of the movement out of the designated area of anything that is in an elevator, as defined in the Canadian Wheat Board Act, on the date the Minister’s order comes into force.

81 and 82 [Repealed, SOR/97-85, s. 59]

• 83 (1) An inspector may order the person having the possession, care or custody of a dog that is affected or suspected of being affected with rabies or to have been exposed to rabies to isolate or muzzle the dog.

• (2) Where an inspector reports to the Minister that rabies exists or is suspected to exist in any area in Canada the Minister may, by order, designate the area and direct that all dogs or other animals within the area be detained, isolated or muzzled in such manner and during such period as the Minister may specify.

Movement of Animals

84 and 84.1 [Repealed, SOR/93-159, s. 10]

85 [Repealed, SOR/95-54, s. 3]

86 and 86.1 [Repealed, SOR/93-159, s. 11]

87 [Repealed, SOR/95-54, s. 3]

87.1 [Repealed, SOR/93-159, s. 12]

88 [Repealed, SOR/97-85, s. 60]

89 No person shall

• (a) hold a bird imported under a permit into Canada at an airport in a room in which a bird not imported under permit is held; or

• (b) transport by air a bird imported under a permit into Canada from the place of entry on the same aircraft as a bird not imported under permit.

Eradication of Diseases Specified by Minister

90 The Minister may order the owner or the person having the possession, care or control in an eradication area of any poultry, ruminant, or equine or porcine animal, to segregate the animal and to have the animal inspected in such manner and for such communicable disease as the Minister may specify.

91 [Repealed, SOR/97-85, s. 61]

PART XGeneral Provisions

Notices

91.1 The Minister may give notice to any person, by any means of communication, of the appearance of any disease among animals.

• 91.2 (1) Every laboratory that diagnoses or suspects the appearance in an animal or thing of a disease set out in Schedule VII shall notify the Minister immediately of the diagnosis or suspicion.

• (2) Along with that notification, the laboratory shall include

  • (a) the name, address and telephone number of the person who owns or has the possession, care or control of the animal or thing;

  • (b) the location of the animal or thing; and

  • (c) all other information that the laboratory has in relation to the animal or thing.

• (3) Every laboratory that diagnoses or suspects the appearance in an animal or thing of a disease set out in Schedule VIII shall notify the Minister of the diagnosis or suspicion immediately after the end of the calendar year in which the appearance of the disease is diagnosed or suspected.

Records

91.3 Every person required to keep a record under these Regulations shall, unless it is otherwise stated,

• (a) keep the record for a period of two years from the date the requirement arose;

• (b) on request, at all reasonable times during the period referred to in paragraph (a), provide an inspector with the record for the purpose of examining the record, taking extracts therefrom or making copies thereof; and

• (c) on receipt of a written request by an inspector, provide the inspector, in a form approved by the Minister, with the information contained in the record.

Quarantine

• 91.4 (1) Where an inspector orders a quarantine of a disease agent, animal or thing, the notice of quarantine shall be communicated by personal delivery to the person who owns or has possession, care or control of the disease agent, animal or thing and the notice may specify the manner, condition, place or places and time of quarantine, necessary to prevent the spread of the communicable disease.

• (2) In respect of a disease agent, animal or thing quarantined pursuant to these Regulations, no person shall do or permit to be done any of the following actions, without the authorization of an inspector:

  • (a) remove the disease agent, animal or thing from the place of quarantine;

  • (b) allow the disease agent, animal or thing to come into contact with an animal that is not quarantined under the same quarantine order;

  • (c) destroy the disease agent, animal or thing; or

  • (d) treat or test the disease agent, animal or thing for a communicable disease.

• (3) Every person who owns or has the possession, care or control of an animal quarantined pursuant to these Regulations shall immediately notify a veterinary inspector of any quarantined animal that appears sick.

• (4) In respect of a disease agent or thing quarantined pursuant to these Regulations, no person shall do or permit to be done any of the following actions, without the authorization of an inspector:

  • (a) move the disease agent or thing;

  • (b) alter the appearance of the disease agent or thing;

  • (c) remove of any tag, sign or other notice that the disease agent or thing is under quarantine; or

  • (d) open any container or remove any wrapping or cover around the disease agent or thing.

• (5) No person shall transport or cause to be transported a disease agent, animal or thing quarantined pursuant to these Regulations unless

  • (a) a licence for its transportation has been issued by an inspector;

  • (b) a copy of the licence issued pursuant to paragraph (a) has been provided to the person in charge of the conveyance transporting the disease agent, animal or thing; and

  • (c) the disease agent, animal or thing is transported directly to the location stated in the licence.

• (6) Every person who receives a notice referred to in subsection (1) shall comply with the notice.

91.5 [Repealed, SOR/2000-183, s. 31]

Animal Markets

• 92 (1) Subject to subsection (2), no public sale, auction or market of livestock shall be held in any place unless the person conducting the sale, auction or market provides

  • (a) facilities for the inspection and testing of the animals offered for sale at such place, including a room for the conduct of laboratory tests by an inspector; and

  • (b) [Repealed, SOR/97-85, s. 63]

• (2) Paragraph (1)(a) does not apply to a sale of a farmer’s livestock conducted on his own farm.

93 Every person conducting a public sale, auction or market of livestock shall keep the place where such sale, auction or market is held in a sanitary condition.

94 Every person conducting a public sale, auction or market of livestock, Camelidae, Cervidae, chickens, turkeys or game birds shall keep and make available for inspection by an inspector a record showing, with respect to each animal sold or received at the sale, auction or market, the complete, legal names and addresses of the consignor of every animal received and the purchaser of every animal sold at the sale, auction or market.

95 An inspector may order the person having the possession, care or custody of a bovine received for sale at a public sale, auction or market of livestock to

• (a) mark or tag the animal for identification; and

• (b) have the animal examined and tested for disease.

• 95.1 (1) Subject to subsection 3, the Minister may require an owner, operator or person in charge of a public sale, auction or market of livestock to have the express written permission of the Minister for the public sale, auction or market of a bovine and, where the Minister so requires, the owner, operator or person in charge shall ensure that

  • (a) the bovine is marked or tagged for identification and examined by an inspector or a person approved by the Minister pursuant to subsection (2);

  • (b) for the purpose of brucellosis testing, a specimen is, or specimens are collected from the bovine

    • (i) at the premises of the public sale, auction or market of livestock,

    • (ii) by an inspector or by a person who has been approved by the Minister pursuant to subsection (2) and collects the specimen or specimens under the supervision or to the satisfaction of an inspector, and

    • (iii) at a time and in a manner determined by the Minister; and

  • (c) where brucellosis testing of a specimen or specimens collected pursuant to paragraph (b) has not been completed prior to sale, the prospective purchaser is informed of this at the time of sale by the person in charge of the public sale, auction or market of livestock, in a manner approved by the Minister.

• (2) The Minister may, in writing, approve a person for the purpose of performing a service referred to in paragraph (1)(a) or (b) where he is satisfied that that person is able competently to perform that service, and the Minister may, at any time, withdraw such an approval.

• (3) No person to whom subsection (1) applies shall allow the public sale, auction or market of a bovine where the express written permission of the Minister is refused.

• (4) Every person to whom subsection (1) applies shall

  • (a) identify the specimen or specimens collected pursuant to paragraph (1)(b) by recording on the container of the specimen the identity of the bovine from which it was collected;

  • (b) keep a record containing

    • (i) particulars sufficient to identify the bovine from which the specimen or specimens were collected pursuant to paragraph (1)(b),

    • (ii) the date of collection of the said specimen or specimens, and

    • (iii) the name and location of the premises on which the specimen or specimens were collected; and

  • (c) deliver to the nearest inspector, with all practicable speed, the specimen or specimens collected pursuant to paragraph (1)(b) and a copy of the record kept pursuant to paragraph (b).

• (5) Subsection (1) does not apply to a bovine that

  • (a) is under 24 months of age; or

  • (b) is a steer or spayed heifer.

96 No person shall offer an animal for sale at a public sale, auction or market of livestock unless the animal is identified by tag or brand or is one of a lot confined to a pen.

97 [Repealed, SOR/93-159, s. 15]

Marking of Animals

98 Where a person administers a test for a reportable disease to a bovine, equine, goat, pig or sheep and the animal reacts positively to the test, the person shall permanently mark the animal with a red tag bearing the word “reactor” placed in its left ear or in such other manner as the Minister may direct.

• 99 (1) An inspector may mark or cause an animal inspected by him to be marked with a tag or in such other manner as the Minister may direct so as to

  • (a) identify the animal preparatory to a test for disease; or

  • (b) indicate that the animal

    • (i) reacted positively to a test, or

    • (ii) is suspected of being affected with a communicable disease.

• (2) An accredited veterinarian may mark or cause an animal inspected by him to be marked with a tag or in such other manner as the Minister may direct so as to identify the animal.

100 Subject to section 99, no person shall, unless authorized by an inspector, place or affix a tag or other mark referred to in section 98 or 99 on an animal.

101 No person shall, unless authorized by an inspector, remove or deface a tag or other mark placed on an animal pursuant to section 98 or 99.

Seals

102 An inspector may affix seals or other devices to a conveyance, container or other thing, for the purposes of the Act and these Regulations.

103 No person shall, without the authorization of an inspector, break, alter, tamper with, or remove any seal or other device affixed to a conveyance, container or other thing pursuant to section 102.

Disinfection

• 104 (1) When a veterinary inspector finds or suspects that an animal is affected with or died from a communicable disease he may

  • (a) order

    • (i) the owner or occupier of any outhouse, stable, yard or other place affected or suspected of being affected with a communicable disease, or

    • (ii) the owner or operator of any aircraft, railway car, vehicle or vessel affected or suspected of being affected with a communicable disease,

    to clean and disinfect such outhouse, stable, yard or other place or such aircraft, railway car, vehicle or vessel; or

  • (b) order any person entering or leaving any outhouse, stable, yard or other place affected or suspected of being affected with a communicable disease to clean and disinfect any footwear, clothing or other thing worn or carried by him.

• (2) Where an animal is required to be destroyed pursuant to section 37 or 48 of the Act, every person in charge of a conveyance in which the animal is thereafter carried shall, immediately after the animal is unloaded from the conveyance, clean and disinfect the conveyance under the supervision of an inspector, at the nearest place where facilities for that purpose are available.

• 105 (1) Every owner or person in charge of a crate or other container in which poultry are to be transported shall thoroughly clean and disinfect the crate or container before poultry are loaded therein unless the crate or container is new or was thoroughly cleaned and disinfected following its last use for transporting poultry.

• (2) [Repealed, SOR/98-409, s. 12]

• (3) Every owner or person in charge of a container from which animal manure, aircraft garbage or ship’s refuse, as those terms are defined in subsection 47.1(1), has been discharged under section 47.1 shall clean and disinfect it before it is used again.

• 106 (1) Every carrier shall clean and disinfect every railway car, aircraft or vessel that has been used for the transportation of poultry or livestock.

• (2) [Repealed, SOR/97-85, s. 66]

• (3) An inspector may order a person in charge of a motor vehicle that has been used for the transportation of livestock to clean and disinfect, within a specified period of time, the motor vehicle at the nearest place where facilities for that purpose are available or at such other place as the inspector may specify.

• (4) [Repealed, SOR/97-85, s. 66]

• (5) No person shall bring from a country other that the United States a conveyance that has been used to transport poultry, ruminants, equines or porcines unless it has been cleaned and disinfected.

• (5.1) No person shall bring from the United States a conveyance that has been used to transport poultry or porcines unless it has been cleaned and disinfected.

• (5.2) Subsection (5.1) does not apply to a conveyance

  • (a) that has transported Canadian porcines to a slaughtering establishment in the United States where inspection is provided by the Food Safety and Inspection Service of the United States Department of Agriculture and that has returned directly to Canada from that establishment;

  • (b) that has not transported porcines other than those mentioned in paragraph (a) while in the United States;

  • (c) that is not licensed to transport livestock between locations in the United States; and

  • (d) from which as much manure as could be removed with a shovel and broom at an ambient temperature of 20°C has, in fact, been removed.

• (6) Every person in charge of a railway car, motor vehicle or container that has been used for the transportation of a commodity that is required to be cleaned and disinfected pursuant to section 107 shall immediately after it is unloaded clean and disinfect the railway car, vehicle or container.

• (7) All yards, stables, sheds or other premises used by railway or steamship companies or other persons for the accommodation of animals shall be maintained in a sanitary condition and an inspector may order the person in charge of the yard, stable, shed or other premises to clean and disinfect the premises.

• (8) Every railway company and motor carrier shall affix to both sides of every railway car or motor vehicle used to transport a commodity that is required to be cleaned and disinfected pursuant to section 107 a placard stating in bold face letters not less than 1 1/2 inches in height the words “Restricted Import Animal Product” “Produit animal importé sous restriction” and “Clean and Disinfect this Car” “Wagon à nettoyer et à désinfecter”.

• (9) In this section, stockyard has the same meaning as in the Livestock and Livestock Products Act.

107 Where a commodity that is

• (a) raw wool, hair or bristles,

• (b) untanned hides and skins,

• (c) animal glands and organs, or

• (d) gluestock,

has been imported into Canada from any country other than the United States, it shall be cleaned, disinfected or treated at the establishment approved by the Minister for that purpose and to which it was transported.

108 Every place or thing required to be cleaned and disinfected pursuant to sections 104 to 106 shall be cleaned and disinfected

• (a) where applicable, by removing all animal matter, manure, litter and refuse therefrom; and

• (b) by applying a disinfectant under the supervision or to the satisfaction of an inspector.

• 109 (1) A veterinary inspector may order the person conducting a public sale, auction or market of livestock to clean and disinfect the place where such sale, auction or market is conducted, under the supervision or to the satisfaction of an inspector within a time specified by the veterinary inspector.

• (2) If the place where a public sale, auction or market of livestock is held is not thoroughly cleaned and disinfected in accordance with the notice of a veterinary inspector, no sale, auction or market of livestock shall be held in such place without the consent of the Minister.

Samples of Milk and Cream from Dairies, etc.

110 Every sample of milk or cream supplied by the operator of a cheese factory, creamery or dairy on the request of the Minister pursuant to section 6 of the Act shall

• (a) be refrigerated to a temperature not below 4°C (40°F) and not above 7°C (45°F); and

• (b) contain potassium dichromate or other preservative of a strength and quantity that will preserve the sample but not affect the test results.

Use of Edible Residual Material in Feeding Swine or Poultry

111 The definition in this section applies in this Part.

edible residual material

edible residual material means edible material that remains after, or is not used in, the processing, manufacturing, preparing, serving or sale of food. (matière résiduelle comestible)

• 112 (1) Subject to subsection (3), no person shall feed edible residual material to swine or poultry or permit swine or poultry to have access to or to be fed edible residual material unless that person does so under and in accordance with a permit issued by the Minister pursuant to section 160.

• (2) A permit referred to in subsection (1) shall remain in force for the calendar year in which it is issued, or for such shorter period as is stated therein.

• (3) A person may feed edible residual material produced in the person’s house or on the person’s farm to swine and poultry that are raised by that person and that are located on the same premises as the house or farm in which the material was produced.

• (4) Subsection (3) does not apply to a person who operates a hotel, motel, restaurant, slaughter-house, school, college, hospital, orphanage or other institution.

• (5) and (6) [Repealed, SOR/2002-334, s. 1]

113 Section 112 does not apply to any thing registered as a feed under the Feeds Act or listed in Part I of Schedule IV or in Schedule V of the Feeds Regulations, 1983, as an approved ingredient.

113.1 Subject to Part XIV, no person shall feed the carcass of an animal or part of one to livestock or poultry unless

• (a) the carcass or part of it has been rendered in a rendering plant in respect of which a permit has been issued in accordance with Part XIV;

• (b) where it is fed to swine or poultry, it is so fed in accordance with a permit referred to in subsection 112(1); or

• (c) it is processed in a manner which would prevent the introduction into Canada of any reportable disease or any other serious epizootic disease.

Disposal of Diseased Carcasses

114 A veterinary inspector may order a person who owns or has the possession, care or control of an animal that dies of, or is suspected of having died of, a communicable disease or that is destroyed pursuant to section 37 or 48 of the Act to dispose of the carcass in any manner that the veterinary inspector may specify.

Animal Semen Production Centre

• 115 (1) No person shall operate an animal semen production centre or collect or process semen from a ruminant or porcine except under and in accordance with a permit issued by the Minister under section 160.

• (2) Subsection (1) does not apply to a person who collects animal semen that is used only for evaluating the quality of the semen and that is not used in or exposed to any live animal.

116 Every person who operates an animal semen production centre shall immediately segregate any animal that has been exposed to a communicable disease from all other animals in the centre that have not been exposed to the disease, or remove the exposed animal from the centre.

• 117 (1) No person shall collect in an animal semen production centre or store in or distribute from such a centre or from an animal semen distribution centre, any animal semen that is affected with or has been exposed to a communicable disease that is capable of being transmitted in semen.

• (2) Where animal semen that is affected with or has been exposed to a communicable disease that is capable of being transmitted in semen has been collected in an animal semen production centre or has been stored in such a centre or in an animal semen distribution centre, the person operating the centre shall immediately destroy the semen under the supervision of an inspector.

118 Where an inspector finds that animal semen stored in an animal semen production centre or animal semen distribution centre or other place is contaminated by bacteria, a virus or any other micro-organism capable of introducing disease in animals, he may cause all or any semen of the animal from which the contaminated semen was collected to be destroyed or order the person having the possession, care or custody of the animal semen to destroy any or all of it.

• 119 (1) Every person who operates an animal semen production centre shall keep and make available for inspection by an inspector a record showing

  • (a) the date each animal entered the centre;

  • (b) the name and address of the owner of each animal or of the person from whom the animal was acquired;

  • (c) the premises from which each animal entered the centre;

  • (d) all tests performed on each animal, the date and results of each test and the person who performed the tests;

  • (e) each date semen was collected from each animal, the quantity collected and the disposition of the semen;

  • (f) the identity of the semen that is stored in the centre; and

  • (g) the date each animal was removed from the centre, the reason for the removal and the disposition of each animal.

• (2) Every person who collects, stores, distributes or sells animal semen shall keep and make available for inspection by an inspector

  • (a) a record of the dates and quantities of semen imported, exported, sold, distributed, used or otherwise disposed of; and

  • (b) a record of all semen stored by him identified as to the animals from which it was collected.

• (3) Every record required to be kept pursuant to this section shall be in a form approved by the Minister and shall be maintained for a minimum period of seven years.

PART XIVeterinary Biologics

120 In this Part,

manufacture

manufacture does not include the sole process of labelling; (fabriquer)

veterinary biologic

veterinary biologic does not include an antibiotic except when it is used as a preservative or when it is an integral part of the veterinary biologic. (produit vétérinaire biologique)

Permits to Release Veterinary Biologics

120.1 In sections 120.2 to 120.6,

confinement procedure

confinement procedure means any physical, chemical, operational or biological control, or any combination thereof, intended to restrict the exit or dispersal from confinement of a veterinary biologic that contains an organism or a part or product of an organism; (méthode de confinement)

containment

containment means containment in accordance with the Laboratory Biosafety Guidelines established by the Department of National Health and Welfare and the Medical Research Council of Canada and published in 1990, as amended from time to time; (confinement)

environment

environment means the components of the Earth and includes

• (a) air, land and water,

• (b) all layers of the atmosphere,

• (c) all organic and inorganic matter and living organisms, and

• (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)

live genetically modified veterinary biologic

live genetically modified veterinary biologic means a live veterinary biologic that contains or is made from an organism and is produced by recombinant DNA technology; (produit vétérinaire biologique vivant et génétiquement modifié)

release

release means any discharge or emission of a veterinary biologic into the environment. (dissémination)

• 120.2 (1) In this section, organism includes a part or product of an organism.

• (2) Sections 120.3 to 120.6 do not apply in respect of

  • (a) a veterinary biologic

    • (i) in respect of which a product licence has been issued, or

    • (ii) that contains only organisms that are

      • (A) the same as organisms contained in a veterinary biologic referred to in subparagraph (i), or

      • (B) of a species that is substantially equivalent to a species of organisms contained in a veterinary biologic referred to in subparagraph (i), in terms of pathogenicity, host specificity, potential impact on non-target organisms, on biodiversity and on biogeochemical cycles, mode of action, persistence and dispersal in the environment and gene flow; and

  • (b) the release of a veterinary biologic, that contains organisms, under containment or in accordance with confinement procedures in a manner that prevents the dissemination of any genetic material from the veterinary biologic into the environment.

• 120.3 (1) Subject to subsection (2), no person shall release a veterinary biologic unless the person

  • (a) submits an application for a permit for the proposed release to the Minister, accompanied by sufficient information, including the information referred to in section 120.4, to enable the Minister to determine whether the proposed release is

    • (i) unlikely to result in the introduction into Canada or the spread within Canada of any vector, disease or toxic substance, and

    • (ii) unlikely to pose a risk of harm to the environment or to human or animal health; and

  • (b) is issued a permit for the proposed release under section 160.

• (2) Where the accompanying information that is required to be provided to the Minister pursuant to paragraph (1)(a) in respect of the proposed release of a veterinary biologic is the same as information that has already been provided to the Minister before the coming into force of sections 120.1 and 120.2, this section and sections 120.4 to 120.6, or that is provided on or after the coming into force of sections 120.1 and 120.2, this section and sections 120.4 to 120.6 in relation to an application for another permit, the information is not required to be provided again.

Information Requirements

• 120.4 (1) The accompanying information that is required to be provided by a person to the Minister pursuant to paragraph 120.3(1)(a) includes the following:

  • (a) the name of the person or body responsible for the proposed release and the name of the person who will be in charge of carrying out the release;

  • (b) in the case of a live genetically modified veterinary biologic

    • (i) a description of the donor organism and the methods of incorporation of the genes from the donor organism into the host, and

    • (ii) a description of the live genetically modified veterinary biologic, including details relating to expression of the new gene and the stability of the incorporation of the new gene, and a comparison of the characteristics of the live genetically modified organism with those of the unmodified organism;

  • (c) the protocol followed in preparing the veterinary biologic and any diluent to be used with it;

  • (d) the procedures to be followed in handling, storing, administering, testing, releasing and disposing of the veterinary biologic and any diluent to be used with it;

  • (e) the tests used to establish the purity, safety, potency and efficacy of the veterinary biologic and the purity and safety of any diluent used with it, and the results of all the tests;

  • (f) the proposed starting date, time period and site of the release;

  • (g) the proposed measures to mitigate any risk of harm to the environment or to human or animal health; and

  • (h) any other information in respect of the veterinary biologic that is relevant to identifying any risk of harm to the environment or to human or animal health.

• (2) The information required by paragraph (1)(h) or any part of that information may be omitted if the Minister determines, on the basis of a written scientific rationale provided by the person referred to in subsection (1), that the information or part is not relevant or cannot practicably be obtained and is not required for the issuance of a permit under section 120.5, and notifies the person of that determination.

Issuance of Permits

• 120.5 (1) The Minister may issue a permit for the release of a veterinary biologic under section 160 where the Minister, in addition to being satisfied that the proposed release meets the criteria set out in subsection 160(1.1), is satisfied that, to the best of the Minister’s knowledge and belief, the proposed release is unlikely to pose a risk of harm to the environment or to human or animal health.

• (2) In evaluating the risk of harm to the environment and to human and animal health for the purposes of subsection (1), the Minister shall

  • (a) consider such matters as

    • (i) the effects of the proposed release on the environment and on human and animal health, and

    • (ii) the magnitude of the exposure to the environment of the veterinary biologic involved in the proposed release; and

  • (b) assess whether the veterinary biologic will enter or may enter the environment in a quantity or concentration or under conditions

    • (i) having or that may have an immediate or long-term harmful effect on the environment or on human or animal health,

    • (ii) constituting or that may constitute a danger to the environment on which human or animal life depends, or

    • (iii) constituting or that may constitute a danger in Canada to human or animal life or health.

• (3) In addition to the conditions referred to in paragraph 160(2)(b), a permit for the release of a veterinary biologic shall contain such conditions as the Minister considers advisable to prevent harm to the environment or to human or animal health.

• (4) In addition to any of the reasons set out in any of paragraphs 160(3)(a) to (c), the Minister may cancel or suspend a permit for the release of a veterinary biologic if the Minister has reason to believe that failure to do so could result in harm to the environment or to human or animal health.

New Information Requirements

• 120.6 (1) Where, at any time after the applicant submits an application for a permit referred to in paragraph 120.3(a) or is issued a permit for the release of a veterinary biologic under section 160, the applicant becomes aware of any new information regarding the risk of harm to the environment or to human or animal health, or the risk of introducing into Canada or spreading within Canada any vector, disease or toxic substance, that could be caused as a result of the release, the applicant shall immediately provide the new information to the Minister.

• (2) Where the Minister, on the basis of the new information provided by an applicant pursuant to subsection (1), re-evaluates the risk of harm to the environment and to human and animal health posed by the release and determines that there is

  • (a) a risk that is less than was apparent at the time that information was first provided or at the time any new information was subsequently provided, the Minister may

    • (i) where the release has already been authorized, maintain the existing conditions respecting the release,

    • (ii) change the conditions respecting the release, or

    • (iii) remove any conditions respecting the release;

  • (b) a risk that is greater than was apparent at the time that information was first provided or at the time any new information was subsequently provided, the Minister may amend the permit for the release by

    • (i) imposing additional conditions respecting the release, or

    • (ii) changing the conditions respecting the release; or

  • (c) an unacceptable risk, the Minister shall

    • (i) refuse to issue a permit for the release, or

    • (ii) where a permit for the release has already been issued, cancel the permit and require the applicant to stop the release and to take any appropriate action necessary to eliminate or minimize the risk.

• (3) In re-evaluating the risk of harm to the environment and to human and animal health on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 120.5(2)(a) and make the assessment referred to in paragraph 120.5(2)(b).

Permits to Import

• 121 (1) No person shall import a veterinary biologic into Canada unless he does so under and in accordance with a permit issued by the Minister.

• (1.1) Where a permit referred to in subsection (1) has been issued, the veterinary biologic shall be shipped directly to Canada from the manufacturer’s premises or from such other premises, in which veterinary biologics may be lawfully manufactured under the applicable foreign laws, that were designated in the application for the permit.

• (2) [Repealed, SOR/95-475, s. 4]

• 122 (1) Subject to subsection (2), every applicant for a permit to import a veterinary biologic into Canada shall include with his application

  • (a) when requested by the Minister, such samples of the veterinary biologic and any diluent to be used therewith as will enable the Minister to analyse the veterinary biologic;

  • (b) a product outline;

  • (c) the results of such tests of the veterinary biologic as will enable the Minister to analyse the veterinary biologic;

  • (d) a sample of each package and container used or to be used for packing the veterinary biologic and any diluent to be used therewith;

  • (e) a copy of the instructions or other written material to be included with each package or container of a veterinary biologic;

  • (f) a copy of every label, tag or other marking to be attached to, marked on or contained in every package or container in which a veterinary biologic is to be packed;

  • (g) the names of all persons to be employed in the manufacture or testing of the veterinary biologic and information with respect to the education, qualifications and experience of such persons; and

  • (h) any information the Minister may require in order to determine, in the course of assessing the safety of the veterinary biologic, whether the introduction of the veterinary biologic into the environment could result in the spread within Canada of a vector, disease or toxic substance that would have a harmful effect on human or animal health.

• (2) Where the Minister has issued a permit to a person to import a veterinary biologic into Canada, he may issue a permit

  • (a) to that person to import the veterinary biologic into Canada in any subsequent year, and

  • (b) to any other person to import the veterinary biologic into Canada,

  and that person is exempt from any of the requirements of subsection (1) as the Minister may specify.

• (3) The Minister shall furnish the applicant referred to in subsection (1) with a report showing the result of any test performed on the sample supplied pursuant to paragraph (1)(a).

• (4) Every person to whom a permit is issued to import a veterinary biologic shall

  • (a) keep and make available for inspection by a veterinary inspector a record in a form approved by the Minister with respect to the importation, sale and distribution of the veterinary biologic and retain that record for at least two years following the expiration date of the veterinary biologic to which the record relates; and

  • (b) furnish the Minister with such samples of the veterinary biologic as the Minister may require from time to time.

Establishment Licence and Product Licence

123 No person shall prepare, manufacture, preserve, pack, label or test a veterinary biologic unless he does so under and in accordance with an establishment licence issued by the Minister.

124 No person shall manufacture a veterinary biologic unless he does so under and in accordance with a product licence issued by the Minister.

125 [Repealed, SOR/97-85, s. 72]

126 Subject to section 127, every applicant for a product licence shall include with his application the material and information referred to in subsection 122(1).

127 Where the Minister has issued a product licence to a person, he may issue a product licence to such person in any subsequent year and that person is exempt from any of the requirements of subsection 122(1) as the Minister may specify.

Requirements of Operation in a Licensed Establishment

• 128 (1) No person shall prepare, manufacture, preserve, pack, label, store or test a veterinary biologic in a licensed establishment unless

  • (a) the establishment and the equipment therein is sound in construction, clean, in good repair and equipped with means to maintain it in a sanitary condition;

  • (b) the area immediately adjacent to the establishment is clean and protected against the incursion of animals;

  • (c) animal wastes, effluents from processing or testing, contaminated matter and dead animals are decontaminated before being removed or discharged from the establishment;

  • (d) the floors and walls of every room and area in which a veterinary biologic is prepared, manufactured, preserved or tested are of a hard finish suitable for cleaning;

  • (e) the establishment has drainage, plumbing and sewerage that are

    • (i) adequate to handle all wastes, and

    • (ii) equipped with suitable traps and vents;

  • (f) the establishment has dressing rooms, lavatories and showers that are

    • (i) adequate in size and equipment for the number of persons using them, and

    • (ii) well lighted and ventilated to the outside;

  • (g) eating rooms, if provided, are separate from, and do not lead directly into, any room used for preparing, manufacturing, preserving, storing, testing, packing or labelling a veterinary biologic;

  • (h) rooms or areas are provided, where required, that are capable of being maintained at a uniform and constant temperature within any desired range and are equipped with thermometers that provide a continuous permanent record of temperature;

  • (i) means are provided for warning of any failure of power or equipment or any change in the required temperature;

  • (j) rooms, areas and equipment are provided, where required, that are capable of being maintained free of air-borne contaminants to any desired degree and preventing the escape of micro-organisms therefrom;

  • (k) animals being used in a testing program or for any special purpose are segregated from all animals not being used in such program or for such purpose;

  • (l) a separate room is provided for animals being examined or tested

    • (i) ante mortem, and

    • (ii) post mortem; and

  • (m) every person employed therein is qualified to perform the task assigned to him.

• (2) Every holder of a licence issued under these Regulations shall forthwith inform the Minister of any change or addition to the material or information furnished to the Minister for the purpose of obtaining the licence.

• (3) Every person employed in a licensed establishment shall

  • (a) [Repealed, SOR/97-85, s. 73]

  • (b) be immunized against diseases likely to be encountered therein; and

  • (c) wear clothing and use equipment adequate to protect him against all hazards likely to be encountered therein.

• (4) Unless otherwise permitted by a veterinary inspector, no veterinary biologic shall be tested in a licensed establishment except in a separate room or building that is used exclusively for testing veterinary biologics.

• (5) No diagnostic examination or procedure involving the use of

  • (a) a dead or diseased animal,

  • (b) diseased animal matter, or

  • (c) an unidentified culture of micro-organisms, fungi or moulds

  shall be conducted in a licensed establishment except in a room or area separate from and not leading into any room or area used for preparing, manufacturing, preserving, storing or testing a veterinary biologic.

• (6) Unless otherwise permitted by a veterinary inspector, no research or experimentation shall be conducted in a licensed establishment except in a room or area separate from and not leading into any room or area used for preparing, manufacturing, preserving, storing or testing a veterinary biologic.

• 129 (1) Every holder of a product licence shall

  • (a) keep and make available for inspection by a veterinary inspector records with respect to the preparation, manufacture, preservation, storage, testing, sale and distribution of every veterinary biologic manufactured under the product licence and any diluent to be used therewith; and

  • (b) furnish the Minister with such samples of the veterinary biologic as the Minister may require from time to time.

• (2) Every record referred to in paragraph (1)(a) shall be retained by the licensee for at least two years following the expiration date of the veterinary biologic to which it relates.

130 No person shall sell a veterinary biologic or any diluent to be used therewith if the veterinary biologic or diluent has been prepared, manufactured, preserved, packed, labelled or tested otherwise than in the manner described in the product outline.

130.1 Every veterinary biologic imported, sold, advertised or offered for sale in Canada shall be stored at a temperature between 2°C and 7°C unless otherwise stated in the product outline or the labelling.

131 Where the Minister is satisfied from tests of a veterinary biologic, or otherwise, that a veterinary biologic is unsafe to use, is likely to cause communicable disease in animals or is contaminated or ineffective, he may, by order, prohibit the importation, manufacture, sale or distribution of the veterinary biologic.

• 131.1 (1) Where an emergency exists with respect to the availability of and need for a veterinary biologic, the Minister may exempt that veterinary biologic from the application of any of the provisions of these Regulations during the period of the emergency.

• (2) An exemption referred to in subsection (1) shall be in writing and shall state the veterinary biologic that is exempted, the provision or provisions of these Regulations from which it is exempted and the reasons for that exemption.

• (3) The Minister may at any time cancel the exemption referred to in subsection (1).

• 132 (1) No person shall import, sell, advertise or offer for sale a veterinary biologic unless it is packed and labelled in accordance with these Regulations.

• (2) All information required by section 134 to be shown on the label of a veterinary biologic

  • (a) shall be clearly and prominently displayed on the label; and

  • (b) shall be readily visible by a purchaser under the customary conditions of purchase and use.

• 133 (1) Subject to subsection (2), every veterinary biologic sold, advertised or offered for sale in Canada shall carry a label on or attached to every container in which the veterinary biologic is packed.

• (2) Subsection (1) does not apply to a single dose of a killed veterinary biologic packed in a ready to use syringe if the syringe is in a sealed pouch that carries a label.

• (3) Every veterinary biologic imported into Canada shall carry a label on or attached to every outer container and shipping container.

• 134 (1) Subject to this section, every label of a veterinary biologic imported, sold, advertised or offered for sale in Canada shall show

  • (a) the assigned name of the veterinary biologic,

  • (b) the name of the manufacturer of the veterinary biologic or, if there is more than one manufacturer of that veterinary biologic, the name of the first or the name of the final manufacturer,

  • (c) the place where the manufacturer referred to in paragraph (b) manufactures the veterinary biologic,

  • (d) the lot or serial number or other means of identifying the veterinary biologic,

  • (e) the same establishment licence number, whether Canadian or foreign, on all components of the label except that the Minister may, in writing, exempt from that requirement diluents manufactured in Canada,

  • (f) directions for use of the veterinary biologic or that directions for its use are contained inside the package,

  • (g) the expiration date of the veterinary biologic,

  • (h) the components of the veterinary biologic, including

    • (i) viruses, bacteria, toxoids and antibodies, and

    • (ii) antibiotics, if added during the production process as preservatives,

    • (iii) [Repealed, SOR/80-428, s. 11]

  • (i) the net quantity of the veterinary biologic in the container, expressed in metric units or in doses,

  • (j) the temperature range, expressed in metric units, necessary to maintain prescribed potency of the veterinary biologic,

  • (k) in the case of a veterinary biologic manufactured for use in food producing animals, the cautionary statement indicating the appropriate withdrawal period as stated in the product outline on the basis of which the import permit or product licence was issued, and

  • (l) in the case of modified live virus rabies vaccines, the cautionary statement

    “In the event of accidental human exposure to the vaccine virus, the possible hazard to health should be considered and public health officials or a physician should be consulted” or “En cas d’exposition accidentelle d’une personne au vaccin viral, il faut prendre en considération le risque sanitaire et consulter les responsables de la santé publique ou un médecin.”

  and shall be marked with the words “For veterinary use only” or “Pour usage vétérinaire seulement” or alternative wording approved by the Minister.

• (2) Where the label of a veterinary biologic is too small to show all the information required by subsection (1), any such information as the Minister may permit may be shown on the directions for use inside the package.

• (3) The information contained on the label of a veterinary biologic imported into or sold, advertised or offered for sale in Canada shall be shown in its entirety in either or both official languages and, if both official languages are shown, may additionally be shown in whole or in part in any other language.

134.1 No person shall sell or offer for sale a veterinary biologic after its expiration date.

• 134.2 (1) Except as provided in subsection (2), no person shall sell or offer for sale a rabies vaccine to anyone other than a veterinarian of the Department of Agriculture of Canada or a veterinarian who holds a valid licence to practice veterinary medicine issued by the veterinary licensing body of a province.

• (2) Subsection (1) does not apply in respect of rabies vaccine that is sold or offered for sale in accordance with the written permission granted by the Minister for its use

  • (a) in a temporary emergency veterinary clinic; or

  • (b) in a remote area where veterinary services are not readily available.

• 135 (1) No person shall, in any advertisement for the sale of a veterinary biologic, make any claim with respect to the purity, safety, potency and efficacy of the veterinary biologic that is not supported by the product outline for such veterinary biologic.

• (2) No person shall, in any advertisement for the sale of a veterinary biologic, make any representation that is false, misleading or deceptive or that is likely to create an erroneous impression regarding the character, value, quality, composition, merit or safety of the advertised veterinary biologic.

• (3) [Repealed, SOR/97-85, s. 75]

135.1 Every holder of a licence or permit issued under this Part shall report to the Minister, in writing, any information concerning or any evidence of, a significant deficiency in safety, potency or efficacy or a veterinary biologic within 15 days after the date on which that information or evidence is known to the holder or is generally known to the industry.

PART XIITransportation of Animals

Application

136 This Part applies to the transportation of animals entering or leaving Canada or within Canada.

Animals Subject to Inspection

137 Every animal transported by railway car, motor vehicle, aircraft or vessel shall be subject to inspection at all times by an inspector.

Sick, Pregnant and Unfit Animals

• 138 (1) No air carrier or sea carrier shall take on board for exportation out of Canada an animal affected with or suffering from a communicable disease.

• (2) Subject to subsection (3), no person shall load or cause to be loaded on any railway car, motor vehicle, aircraft or vessel and no one shall transport or cause to be transported an animal

  • (a) that by reason of infirmity, illness, injury, fatigue or any other cause cannot be transported without undue suffering during the expected journey;

  • (b) that has not been fed and watered within five hours before being loaded, if the expected duration of the animal’s confinement is longer than 24 hours from the time of loading; or

  • (c) if it is probable that the animal will give birth during the journey.

• (2.1) For the purpose of paragraph (2)(a), a non-ambulatory animal is an animal that cannot be transported without undue suffering during the expected journey.

• (2.2) Despite paragraph (2)(a), a non-ambulatory animal may be transported for veterinary treatment or diagnosis on the advice of a veterinarian.

• (3) Paragraph (2)(b) does not apply to a chick of any species if the expected duration of the chick’s confinement is less than 72 hours from the time of hatching.

• (4) No railway company or motor carrier shall continue to transport an animal that is injured or becomes ill or otherwise unfit for transport during a journey beyond the nearest suitable place at which it can receive proper care and attention.

Loading and Unloading Equipment

• 139 (1) No person shall beat an animal being loaded or unloaded in a way likely to cause injury or undue suffering to it.

• (2) No person shall load or unload, or cause to be loaded or unloaded, an animal in a way likely to cause injury or undue suffering to it.

• (3) Every ramp, gangway, chute, box or other apparatus used by a carrier in loading or unloading animals shall be so maintained and used as not to cause injury or undue suffering to animals and where livestock is loaded or unloaded by a ramp, gangway, chute or other apparatus, the slope shall not be greater than 45 degrees.

• (4) Every ramp and gangway used by a carrier in loading or unloading animals shall have sides of sufficient strength and height to prevent animals from falling off the ramp or gangway.

• (5) Every ramp used by a carrier in loading or unloading animals shall be so placed that no unprotected gap exists between the ramp or either side thereof and the railway car, motor vehicle, vessel or aircraft.

• (6) Subject to subsection (7), every motor vehicle and aircraft in which livestock is transported shall be provided by the carrier with a loading gate or chute that is

  • (a) fitted with safe and secure footholds; and

  • (b) suitable for the loading and unloading of livestock.

• (7) Subsection (6) does not apply to an aircraft equipped for the loading of livestock in containers.

Prohibition of Overcrowding

• 140 (1) No person shall load or cause to be loaded any animal in any railway car, motor vehicle, aircraft, vessel, crate or container if, by so loading, that railway car, motor vehicle, aircraft, vessel, crate or container is crowded to such an extent as to be likely to cause injury or undue suffering to any animal therein.

• (2) No person shall transport or cause to be transported any animal in any railway car, motor vehicle, aircraft, vessel, crate or container that is crowded to such an extent as to be likely to cause injury or undue suffering to any animal therein.

Segregation

• 141 (1) Subject to this section, no person shall load on any railway car, motor vehicle, aircraft or vessel and no carrier shall transport animals of different species or of substantially different weight or age unless those animals are segregated.

• (2) Subsection (1) does not apply to a female animal and its suckling offspring.

• (3) Every cow, sow or mare with its suckling offspring shall be segregated from all other animals during transport.

• (4) Animals of the same species that are incompatible by nature shall be segregated during transport.

• (5) Groups of bulls, de-tusked boars, rams and goat bucks, if mature, shall be segregated from all other animals during transport.

• (6) Every mature boar that has not been de-tusked and every mature stallion shall be segregated from all other animals during transport.

• (7) An equine shall, unless its hind feet are unshod, be segregated from other equines during transport.

• (8) Every equine over 14 hands in height shall be segregated from all other animals during transport by air.

• (9) Every mature bull shall be securely tied during transport by air.

• (10) Every horse shall be segregated from all other animals during transport by sea.

142 No person shall transport or cause to be transported animals in a railway car, motor vehicle, aircraft or vessel unless

• (a) each animal is able to stand in its natural position without coming into contact with a deck or roof; and

• (b) provision is made for the drainage or absorption of urine from all decks or levels.

Protection of Animals from Injury or Sickness

• 143 (1) No person shall transport or cause to be transported any animal in a railway car, motor vehicle, aircraft, vessel, crate or container if injury or undue suffering is likely to be caused to the animal by reason of

  • (a) inadequate construction of the railway car, motor vehicle, aircraft, vessel, container or any part thereof;

  • (b) insecure fittings, the presence of bolt-heads, angles or other projections;

  • (c) the fittings or other parts of the railway car, motor vehicle, aircraft, vessel or container being inadequately padded, fenced off or otherwise obstructed;

  • (d) undue exposure to the weather; or

  • (e) inadequate ventilation.

• (2) Subject to subsection (3), every railway car, motor vehicle, aircraft or vessel used to transport livestock shall be

  • (a) strewn with sand or fitted with safe and secure footholds for the livestock; and

  • (b) littered with straw, wood shavings or other bedding material.

• (3) Where livestock is expected to be confined in a railway car, motor vehicle or aircraft for not more than 12 hours, the railway car, motor vehicle or aircraft need only meet the requirements of paragraph (2)(a) or (b).

• (4) Every sea carrier who takes an equine on board a vessel for exportation out of Canada where the voyage is to be made during the period from November 1st to the following March 31st shall provide and maintain such facilities and equipment on board the vessel as will ensure that the equine does not become ill from sea-sickness due to rough seas during the voyage.

Containers

• 144 (1) No person shall load or transport or cause to be loaded or transported a container used in the transportation of animals unless the container is constructed and maintained so that

  • (a) animals therein may, where required, be fed and watered without being removed therefrom;

  • (b) animals therein may be readily inspected; and

  • (c) the escape of any liquid or solid waste therefrom is prevented.

• (2) Subject to subsection (4), no person shall load or transport or cause to be loaded or transported a container used in the transportation of animals unless the container is equipped with a sign or symbol indicating

  • (a) the presence of live animals therein; and

  • (b) the upright position of the container.

• (3) Every container used in the transportation of animals shall be so secured to the railway car, motor vehicle, aircraft or vessel in which it is carried as to prevent it from being displaced during transportation.

• (4) Subsection (2) does not apply to a container if all animals therein are readily visible from outside.

Protective Facilities

145 Every carrier shall, at every place where animals are loaded or unloaded for food, water and rest, maintain or have access to facilities at which such animals may be fed, watered and cared for and that provide protection from extremes of weather.

Ventilation of Aircraft

146 Every air carrier shall provide every aircraft cabin in which animals are transported with means of ventilation that will provide a change of air not less than once every five minutes when the aircraft is on the ground and not less than once every four minutes when the aircraft is in flight.

Ventilation of Vessel

147 Every sea carrier shall provide separate ventilation for each enclosed compartment in which animals are transported and, in addition to any ventilation obtained by means of the hatchways, shall, for each such compartment, provide mechanical means of ventilation of sufficient capacity to change the air entirely once every five minutes, except in the case of a compartment on the main or superstructure deck where natural ventilation may be used.

Food and Water for Animals in Transit

• 148 (1) Subject to subsections (2), (3) and (7), no person shall confine in a railway car, motor vehicle, aircraft or vessel

  • (a) equines, swine or other monogastric animals for longer than 36 hours; or

  • (b) cattle, sheep, goats or other ruminants for longer than 48 hours.

• (2) Subsection (1) does not apply to ruminants that will reach their final destination in Canada where they may be fed, watered and rested without being confined longer than 52 hours.

• (3) No person shall confine chicks of any species without food and water for longer than 72 hours from the time of hatching.

• (4) Livestock that is unloaded from a railway car, motor vehicle, aircraft or vessel to be fed, watered and rested before the livestock is re-loaded, shall be unloaded into a pen, rested for not less than five hours, provided with an ample quantity of suitable food and potable ice-free water, and before the livestock is re-loaded, the floor of the railway car, motor vehicle, aircraft or vessel shall be littered with straw, wood shavings or other bedding material.

• (5) A pen in which livestock is unloaded pursuant to subsection (4) shall provide

  • (a) sufficient space for all the livestock to lie down at the same time;

  • (b) properly designed racks and troughs for feeding and watering the livestock;

  • (c) well-drained and clean floors of concrete or gravel that provide safe footing;

  • (d) an adequate amount of straw or other litter to bed the livestock; and

  • (e) protection from inclement weather.

• (6) Every sea carrier shall

  • (a) provide a sufficient amount of suitable food and water for animals carried on a vessel, having regard to the expected duration of the voyage;

  • (b) provide, in addition to the requirements of paragraph (a), two days supply of food and water for each estimated eight days of the voyage;

  • (c) store such food and water in a sanitary manner and in a place not unduly exposed to the weather; and

  • (d) provide sufficient water pipes and taps on the vessel for watering the animals.

• (7) Subsection (1) does not apply to animals if

  • (a) the railway car, motor vehicle, aircraft or vessel is suitably equipped to feed, water and rest the animals; and

  • (b) the animals are fed, watered and rested at intervals of not more than 48 hours in the case of ruminants and not more than 36 hours in the case of monogastric animals.

Special Food for Calves

149 Every railway company, motor carrier and air carrier shall provide suitable food and water at intervals of not more than 18 hours for calves transported in a railway car, motor vehicle or aircraft if the calves are too young to be fed exclusively on hay and grain.

Reports of Injured Animals

150 Every air carrier and sea carrier shall, on the completion of a voyage or flight, make a report to the veterinary inspector at the port of embarkation respecting every animal that has died or was killed or seriously injured during the flight or voyage, stating in each case the cause of the death or injury.

Records

• 151 (1) Every railway company and motor carrier engaged in the extra-provincial or international transportation of livestock for hire and every air carrier engaged in the extra-provincial or international transportation of animals for hire shall keep a record of every railway car, motor vehicle or aircraft in which animals are transported extra-provincially or internationally showing, with respect to each shipment of livestock carried by rail or motor vehicle and with respect to each shipment of animals carried by air,

  • (a) the name and address of the shipper;

  • (b) the name and address of the consignee;

  • (c) the number, description and gross weight of the livestock or other animals;

  • (d) the identifying number of the railway car or registration number of the motor vehicle;

  • (d.1) the number of square metres or square feet of floor area in the railway car, motor vehicle or aircraft that is being used to transport the livestock or other animals;

  • (e) the time when, date on which and place where the livestock or other animals came into the carrier’s custody;

  • (f) the time when, date on which and place where the livestock or other animals were fed, watered and rested while in the carrier’s custody;

  • (g) the time when, date on which and place where the livestock or other animals were unloaded at destination;

  • (h) the name and address of the driver of the motor vehicle in which the livestock or other animals were transported; and

  • (i) the date on which and place where the motor vehicle was last cleaned and disinfected.

• (2) A copy of the record referred to in subsection (1) shall accompany every shipment of livestock or other animals and shall be produced to an inspector on his request by the carrier or person in charge of the shipment.

• (3) Every person to whom subsection (1) applies shall

  • (a) keep the record referred to in subsection (1) for a period of two years from the date on which the animals, for which the record is being kept, are shipped;

  • (b) provide to an inspector at all reasonable times during the period referred to in paragraph (a) the record referred to in subsection (1) for examination, the taking of extracts therefrom and the making of copies thereof; and

  • (c) upon receipt of a written request by an inspector, provide to the inspector, in a form approved by the Minister, the information contained in the record referred to in subsection (1) relating to the shipment of animals specified in the request.

• (4) [Repealed, SOR/93-159, s. 16]

Attendants and Inspectors

• 152 (1) Every sea carrier transporting livestock shall have, as a signed member of the ship’s crew,

  • (a) a person experienced in dealing with livestock as a foreman to supervise the care of the animals on board;

  • (b) if there are more than 300 head of livestock, an assistant foreman;

  • (c) one attendant for every 25 equines or fraction thereof;

  • (d) a qualified veterinarian, where there are more than 25 equines; and

  • (e) one attendant for every 50 head of livestock or fraction thereof, excluding equines.

• (2) Every sea carrier or air carrier shall, when requested to do so in writing by the Minister, have a veterinary inspector on a vessel or aircraft transporting animals.

• (3) Every sea carrier shall notify a veterinary inspector of the time of departure of a vessel transporting animals and shall, not less than six hours before such time, supply him with the names of the foreman, assistant foreman and attendants provided to care for animals on board the vessel.

• (4) The foreman, assistant foreman and attendants caring for animals on board a vessel shall report to a veterinary inspector at least six hours before the time of departure of the vessel.

Protection of Animals on Board a Vessel

• 153 (1) No person shall transport or cause to be transported animals aboard a vessel

  • (a) on more than three decks, unless any additional deck is specially fitted for the transportation of animals;

  • (b) on a deck exposed to the weather, except in a container or in an enclosure forming part of the structure of the vessel;

  • (c) on a deck structure not suited for the transportation of animals;

  • (d) in a part of the vessel where their presence would interfere with the management, ventilation, operation or safety of the vessel;

  • (e) on a hatch above a compartment containing other animals; or

  • (f) on a hatch, if there is no other access to the space below.

• (2) Every sea carrier shall ensure that

  • (a) no freight or feed for animals is loaded on a hatch above a compartment containing animals;

  • (b) a space of not less than 12.96 square metres (144 square feet) is kept free and clear at all times on a hatch on which animals are transported; and

  • (c) passageways are provided to permit the care and feeding of animals in holds and compartments.

Securing Animals

154 Every sea carrier shall ensure that, on every vessel in which animals are transported,

• (a) every bovine not transported in a pen is securely tied by the head or neck to a securing rail with a halter or with a rope not less than 12.5 millimetres (1/2 inch) in diameter in such a manner as to stand athwartships facing a passageway;

• (b) every equine is secured by ropes in such manner as to prevent the animal from biting other animals or striking its head on the deck above; and

• (c) sheep, goats and swine are transported in pens or in enclosed containers.

Reserve Pens

155 A veterinary inspector may order a sea carrier to keep empty such pens on a vessel as are designated by a veterinary inspector in order to accommodate animals that are injured or become ill or otherwise unfit for transport during the voyage.

Lighting

156 Every sea carrier shall provide adequate lighting on a vessel to permit animals on board to be fed, watered and properly cared for.

Insulation

157 No person shall transport or cause to be transported animals near the engine or boiler room casing of a vessel unless such casings are covered by

• (a) 25 millimetre (one inch) tongued and grooved lumber with a 75 millimetre (three inch) air space between the lumber and the casings; or

• (b) some other adequate means of insulation.

Disposal of Injured Animals

• 158 (1) Every sea carrier shall provide on every vessel in which livestock is transported

  • (a) a suitable humane killing device that is in good working order; and

  • (b) an adequate quantity of ammunition for the device.

• (2) Every sea carrier shall destroy an injured animal on board a vessel by means of the killing device described in subsection (1) unless the master of the vessel is of opinion that the animal can be kept alive without undue suffering.

Veterinary Drugs to be Carried

159 Every sea carrier shall provide every vessel in which animals are transported with a sufficient quantity of veterinary drugs suitable for the treatment of the animals on board.

PART XIIIPermits and Licences

Form and Conditions

• 160 (1) Any application for a permit or licence required under these Regulations shall be in a form approved by the Minister.

• (1.1) The Minister may, subject to paragraph 37(1)(b) of the Canadian Environmental Assessment Act, issue a permit or licence required under these Regulations where the Minister is satisfied that, to the best of the Minister’s knowledge and belief, the activity for which the permit or licence is issued would not, or would not be likely to, result in the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

• (2) Any permit or licence required under these Regulations shall

  • (a) be in a form approved by the Minister; and

  • (b) contain such conditions as the Minister considers advisable to prevent the introduction of communicable disease into Canada or into any other country from Canada and the spread of communicable disease within Canada.

• (3) The Minister may cancel or suspend a permit or licence issued under these Regulations if he has reason to believe that,

  • (a) any condition under which the permit or licence was issued or any condition contained in the permit or licence has not been complied with;

  • (b) any provision of the Act or these Regulations has not been complied with; or

  • (c) failure to do so could result in the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

160.1 Every person to whom a permit or licence is issued under these Regulations shall comply with the conditions contained in the permit or licence.

Issue of Licences by an Inspector

• 161 (1) An inspector may issue a licence authorizing the marketing, selling, disposing, exposing for sale or transporting of animals or things affected with or suffering from or suspected of being affected with or suffering from infectious or contagious disease.

• (2) A licence issued pursuant to subsection (1) may state how, when and where animals or things affected with or suffering from or suspected of being affected with or suffering from infectious or contagious disease may be marketed, sold, disposed of, exposed for sale or transported.

• (3) A licence issued pursuant to subsection (1) is valid only when used by the person to whom it is issued.

• (4) No person shall sell or transfer a licence issued pursuant to subsection (1) to any other person.

PART XIVFood for Ruminants, Livestock and Poultry

Prohibited Material

• 162 (1) In this Part, “prohibited material” means anything that is, or that contains any, protein that originated from a mammal, other than a porcine or an equine. It does not include milk, blood, gelatin, rendered animal fat or their products.

• (2) Prohibited material that has been treated in a manner approved by the Minister to inactivate the agents that cause transmissible spongiform encephalopathies is no longer prohibited material.

• 163 (1) A person who identifies prohibited material by means of adding to it a marker or tracer substance that has been approved by the Minister in the manner specified in that approval, is not required to keep the records referred to in subsections 165(2) and 166(2) and section 171.

• (2) Every person who identifies prohibited material in accordance with subsection (1) shall maintain a record of the manner in which the marker or tracer substance was added to the prohibited material.

Feeding Prohibited Material to a Ruminant.

164 No person shall feed prohibited material to a ruminant.

Rendering Plants

• 165 (1) No person shall operate a rendering plant unless the person does so under and in accordance with a permit issued pursuant to section 160.

• (2) Every person who operates a rendering plant shall keep a record of

  • (a) the date of production of all products of the rendering plant;

  • (b) whether or not any product of the rendering plant is, or contains any, prohibited material;

  • (c) the name, and quantity of, and any other information that is sufficient to identify, the products of the rendering plant; and

  • (d) the name and address of any person to whom any product of the rendering plant is distributed or sold and the information referred to in paragraph (c) with respect to that product.

• (3) No person who operates a rendering plant shall distribute or sell any product of a rendering plant that contains prohibited material unless the documentation required by these Regulations relating to the product and any label on any packaging or container containing the product is marked conspicuously, legibly and indelibly with a statement approved by the Minister that indicates that the product shall not be fed to ruminants.

Importation of Products of Rendering Plants

• 166 (1) No person shall import any product of a rendering plant unless the person does so under and in accordance with a permit issued pursuant to section 160.

• (2) Every person who imports or has the possession, care or control of any product of a rendering plant shall keep a record of

  • (a) the name and address of the rendering plant and the date of production of the product;

  • (b) the name and address of the exporter;

  • (c) the name and quantity of, and any other information that is sufficient to identify, the product;

  • (d) the name and address of any person to whom any product is distributed or sold and the information referred to in paragraph (c) with respect to that product; and

  • (e) whether or not the product is, or contains any, prohibited material.

Importation or Sale of Products of Rendering Plants

167 No person who imports or has the possession, care or control of a product of a rendering plant shall sell or distribute the product unless the documentation required by these Regulations relating to the product and any label on any packaging or container containing the product is marked conspicuously, legibly and indelibly with the statement referred to in subsection 165(3).

Food and Food Ingredients

168 No person shall import, manufacture, package, label, store, distribute, sell or advertise for sale any animal food for ruminants that contains prohibited material.

169 No person shall import, manufacture, package, store, distribute, sell or advertise for sale any animal food for equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds that contains prohibited material unless the documentation required by these Regulations relating to the animal food and any label on any packaging or container containing the animal food is marked conspicuously, legibly and indelibly with a statement approved by the Minister that indicates that the animal food shall not be fed to ruminants.

• 170 (1) No person shall have any prohibited material or anything, including an animal food for equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds, that contains prohibited material on the same premises or in the same conveyance as a product of a rendering plant that does not contain prohibited material or any animal food for ruminants, without having procedures to prevent the mixing or contamination of the rendering plant product or animal food for ruminants, with prohibited material.

• (2) In a case referred to in subsection (1), the person shall

  • (a) ensure that the procedures are followed from the time the product or animal food is received until it leaves their possession, care or control; and

  • (b) keep records to establish that the procedures were followed.

• (3) If a person fails to follow the procedures required by subsection (1),

  • (a) the person shall change the records to show that all of the product or animal food is prohibited material and any label on any packaging or container containing the product or animal food shall be marked conspicuously, legibly and indelibly with a statement approved by the Minister that indicates that the product or animal food shall not be fed to ruminants; and

  • (b) all of the product or animal food shall be considered to be prohibited material for the purposes of section 164.

Records

• 171 (1) Every person who manufactures animal food for ruminants, equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds shall keep records that contain

  • (a) the formula for the animal food, including the name and weight of each ingredient used for each lot of the animal food;

  • (b) a mixing sheet that shows that each lot of the animal food has been produced in accordance with the formula referred to in paragraph (a);

  • (c) information as to whether or not the animal food contains any prohibited material;

  • (d) the date of preparation of the animal food;

  • (e) any information used to identify each lot of animal food; and

  • (f) the name and address of any person to whom any animal food is distributed or sold and a description of the food, including the name and quantity.

• (2) Every person who imports, packages, stores, distributes, sells or advertises for sale animal food for ruminants, equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds shall keep records that contain

  • (a) the name or other information used to identify the animal food;

  • (b) the name and address of any person to whom the animal food is distributed or sold and a description of the animal food, including the name and quantity; and

  • (c) information as to whether or not the animal food contains any prohibited material.

• (3) Every person who owns or has the possession, care or custody of a ruminant shall keep copies of all invoices for animal food that contains prohibited material.

PART XVAnimal Identification

Interpretation

172 The definitions in this section apply in this Part.

administrator

administrator means a person with whom the Minister has entered into an agreement, under section 34 of the Act, under which the person is to administer a national identification program for animals. (administrateur)

animal

animal means a bison, a bovine and an ovine. (animal)

approved tag

approved tag means a tag, chip or other indicator approved by the Minister under subsection 173(1). (étiquette approuvée)

bison

bison means an animal, other than an embryo or a fertilized egg, of the subspecies Bison bison bison, Bison bison athabascae or Bison bison bonasus. (bison)

bovine

bovine means an animal, other than an embryo or a fertilized egg, of the species Bos taurus or Bos indicus. (bovin)

distributor

distributor means an individual, a partnership, a corporation, a cooperative, an association or an organization that sells or distributes approved tags. (distributeur)

farm of origin

farm of origin means the farm or ranch where the animal was born — or the first farm or ranch to which the animal was moved after its birth if it was born at a place other than a farm or ranch, — including all areas of land, and buildings and other structures on those areas, that are used under one management for breeding or raising animals except any of those areas where the animal may be commingled with animals that are from another farm or ranch. (ferme d’origine)

farm or ranch

farm or ranch includes a feed lot, a breeding herd, an artificial insemination unit or any other place where an animal has been since leaving its farm of origin. (ferme ou ranch)

organization that manages an animal identification system

organization that manages an animal identification system means an individual, a partnership, a corporation, a cooperative, an association or an organization that is authorized by provincial legislation to manage an animal identification system. (organisme de gestion d’un système d’identification des animaux)

ovine

ovine means an animal, other than an embryo or a fertilized egg, of the genus Ovis. (ovin)

Approval and Issuance of Tags

• 173 (1) The Minister may approve a tag, chip or other indicator for the identification of an animal, or the carcass of an animal, for the purposes of this Part.

• (2) In applying subsection (1), the Minister shall take into account whether

  • (a) the tag, chip or other indicator bears a unique identification number;

  • (b) the tag, chip or other indicator may not readily be altered or otherwise tampered with;

  • (c) the tag, chip or other indicator is difficult to counterfeit;

  • (d) the identification number on the tag, chip or other indicator is easily and reliably readable; and

  • (e) the tag, chip or other indicator is designed to be retained by any animal to which it may be applied.

• 174 (1) At the request of the operator of a farm, ranch or auction barn, the administrator may issue approved tags or cause them to be issued, for the purpose of identifying animals on that farm or ranch or in that auction barn.

• (2) At the request of an importer of animals, the administrator may issue approved tags or cause them to be issued, for the purpose of identifying the imported animals.

Reporting Requirement

174.1 A distributor, or an organization that manages an animal identification system, that sells or distributes approved tags shall, within 24 hours after selling or distributing them, report the following information in respect of those approved tags to the administrator:

• (a) the name, address and telephone number of the person to whom they were sold or distributed;

• (b) the date they were sold or distributed;

• (c) their unique identification numbers; and

• (d) the total number that were sold or distributed.

Identification Requirement

• 175 (1) Except as otherwise provided in this Part, every person who owns or has the possession, care or control of an animal or a carcass of an animal shall ensure that it is identified by an approved tag that is applied to it before it is moved from its farm of origin.

• (1.1) Every person who applies, or causes the application of, an approved tag to an animal, or the carcass of an animal, shall ensure that the tag is for the species of that animal and is applied to the animal, or the carcass, for which the tag was issued under subsection 174(1).

• (1.2) Every person who owns or has the possession, care or control of an animal or a carcass of an animal shall ensure that the approved tag that is applied to it is applied to its ear with the logo and number facing forward.

• (2) Except as otherwise provided in this Part, every person who owns or has the possession, care or control of an animal or a carcass of an animal shall ensure that it bears the approved tag referred to in subsection (1) at all times after it is moved from its farm of origin.

Record-Keeping Requirement

• 175.1 (1) Subject to subsection (2), every operator of a farm of origin, or of a farm or ranch other than the farm of origin, who removes, or causes the removal of, an ovine 18 months of age or older from the farm of origin or from the farm or ranch other than the farm of origin shall keep a record of

  • (a) the identification number on the approved tag that is applied  to the ovine;

  • (b) the date of removal;

  • (c) the reason for removal; and

  • (d) the name and address of the owner or person having the possession, care or control of the ovine at the destination to which it is removed.

• (2) Subsection (1) does not apply to an ovine transported directly for slaughter to an establishment registered under the Meat Inspection Act or under an Act of the legislature of a province that provides for the inspection of ovine carcasses.

• (3) Every operator of a farm of origin, or of a farm or ranch other than the farm of origin, who receives, or causes the reception of, an ovine for breeding purposes, shall keep a record of

  • (a) the identification number on the approved tag that is applied  to the ovine;

  • (b) the date of reception; and

  • (c) the name and address of the owner or person who had the possession, care or control of the ovine at the farm or ranch from which it was removed.

• (4) Every person who is required to keep a record under this section shall keep the record for a period of at least five years.

Prohibitions

176 Subject to section 183, no person shall move, or cause the movement of, an animal or the carcass of an animal from its farm of origin or from any other farm or ranch unless it bears an approved tag issued under subsection 174(1) to the operator of the farm or ranch where the approved tag was applied to it.

• 177 (1) Subject to section 183 and subsection 184(2), no person shall transport, or cause the transportation of, an animal or the carcass of an animal that does not bear an approved tag.

• (2) Subject to section 183 and subsection 184(2), no person shall receive, or cause the reception of, an animal or the carcass of an animal that does not bear an approved tag.

• 178 (1) Subject to section 183, no person shall apply, or cause the application of, an approved tag issued under subsection 174(1) to an animal or the carcass of an animal that is not on the farm or ranch, or in the auction barn, for which the approved tag was issued.

• (2) No person shall apply, or cause the application of, an approved tag issued to an importer under subsection 174(2) to an animal that has not been imported by the importer.

179 Except as authorized under paragraph 186(1)(a) or 187(1)(a), no person shall remove, or cause the removal of, an approved tag from an animal or the carcass of an animal.

180 No person shall apply, or cause the application of, an approved tag from an animal or the carcass of an animal to another animal or the carcass of another animal.

181 No person shall alter an approved tag to change its tamper-proof nature or its identification number or to make the identification number unreadable.

182 No person shall make, sell or provide a tag, chip or other indicator that so closely resembles an approved tag that it is likely to be mistaken for one.

Tagging Site

• 183 (1) Subject to subsection (5), a bison or a bovine may be moved from its farm of origin, without having an approved tag applied to it, to a site for the purpose of having an approved tag applied to the animal at that site if

  • (a) the person who manages the site has previously provided the administrator with a statement containing the name and address of the site and an undertaking that the person will comply with the requirements of paragraphs (c) to (e);

  • (b) the operator of the farm of origin supplies, along with the bison or bovine, the approved tag issued to that operator under subsection 174(1), or a prior arrangement has been made by the operator of the farm of origin with the person who manages the tagging site to have approved tags applied at that site;

  • (c) the bison or bovine is not mixed with any other person’s animals that do not bear approved tags;

  • (d) the approved tag referred to in paragraph (b) is applied to the bison or bovine immediately after it is received at the site; and

  • (e) the person who manages the site keeps records, and makes them available to the administrator on request, of enough information about the origin of the bison or bovines received there to enable their origin to be traced, including

    • (i) the names and addresses of the owners or persons having the possession, care or control of the animals when they are brought to the site,

    • (ii) the dates when the animals are brought to the site, and

    • (iii) the numbers of the approved tags that are applied to the animals and the dates when the approved tags are applied to the animals.

• (2) The person who manages a tagging site shall tag all bison or bovines brought to the site that do not already bear an approved tag.

• (3) Every person who gives an undertaking referred to in paragraph (1)(a) to comply with the requirements of paragraphs (1)(c) to (e) shall comply with those requirements.

• (4) [Repealed, SOR/2005-192, s. 9]

• (5) If a person fails to comply with subsection (3), the Minister may order the person not to receive any bison or bovines at the site referred to in subsection (1) for the purpose of applying approved tags to them at that site.

• (6) [Repealed, SOR/2005-192, s. 9]

• (7) An order issued under subsection (5) is effective for the period specified in the order.

• (8) A person who receives an order under subsection (5) must comply with it.

• (9) The Minister shall not issue an order to a person under subsection (5) unless

  • (a) a notice has been delivered to the person

    • (i) informing the person that the Minister proposes to issue the order, and

    • (ii) identifying the requirement that the person has not complied with; and

  • (b) the person has been given an opportunity to be heard in respect of the non-compliance within the period specified in the notice.

• (10) The Minister shall have the notice published in a newspaper of general circulation in the community where the site referred to in subsection (1) is located.

Loss of an Approved Tag or Application of a New Approved Tag

• 184 (1) Subject to subsections (2) and (3), if an animal does not bear an approved tag or loses its approved tag, the person who owns or has the possession, care or control of the animal shall immediately apply a new approved tag to it.

• (2) Subject to subsection (3), an animal that loses its approved tag while being transported may continue to be transported until it reaches the next place where it is to be unloaded, and it may be received at that place only if a new approved tag is applied to the animal immediately after it is received there.

• (3) An animal that loses its approved tag on the way to an abattoir does not have to have a new approved tag applied to it if

  • (a) it is slaughtered at the abattoir;

  • (b) the person who operates the abattoir keeps a record of enough information about the origin of the animal to enable the origin to be traced, including, if it is known by that person,

    • (i) the number of the approved tag that was lost and, in the case of an animal to which more than one approved tag had been applied since the animal’s birth, the numbers of all of them,

    • (ii) the name and address of the owner or person having the possession, care or control of the animal when it was brought to the abattoir and the date when it was brought to the abattoir, and

    • (iii) the identification of the conveyance that brought the animal to the abattoir; and

  • (c) in the case of a bison or a bovine, the person who operates the abattoir reports to the administrator, within 30 days after the animal is slaughtered, the information that the person is required by paragraph (b) to record in respect of the animal.

• (4) An organization that manages an animal identification system shall, if it receives the information referred to in paragraph (3)(b), report the information to the administrator within 30 days after receiving it.

• 185 (1) Every person who applies, or causes the application of, a new approved tag to an animal or to the carcass of an animal that does not bear an approved tag or has lost its approved tag shall keep a record of

  • (a) the number of the new approved tag; and

  • (b) enough information about the origin of the animal or the carcass to enable the origin to be traced, including, if it is known by that person,

    • (i) the number of the approved tag that was previously applied to the animal or carcass and, in the case of an animal or carcass to which more than one approved tag has been applied since the animal’s birth, the numbers of all of them,

    • (ii) the name and address of the owner or person having the possession, care or control of the animal or carcass when it was brought to the place where the new approved tag was attached to it and the date when it was brought to the place, and

    • (iii) the identification of any conveyance that brought the animal or carcass to the place where the new approved tag was attached to it.

• (2) Subsection (1) does not apply in respect of the application of an approved tag to

  • (a) an animal before it leaves its farm of origin; or

  • (b) the carcass of an animal before the carcass leaves the animal’s farm of origin.

• (3) Every person who applies, or causes the application of, a new approved tag to an animal or to the carcass of an animal that already bears an approved tag shall, within 30 days after the new approved tag is applied, report to the administrator the number of the new approved tag as well as the number of the existing approved tag.

• (4) An organization that manages an animal identification system shall, if it receives the information referred to in subsection (3), report the information to the administrator within 30 days after receiving it.

Animal Death or Slaughter

• 186 (1) If an animal bearing an approved tag is slaughtered at an abattoir or otherwise dies at an abattoir, the operator of the abattoir

  • (a) may remove the approved tag from the animal or the animal’s carcass; and

  • (b) in the case of a bison or a bovine, shall report the death of the animal and the number of the approved tag to the administrator within 30 days after the death.

• (2) The operator of an abattoir where an animal bearing an approved tag is slaughtered shall maintain the ability to identify the animal’s carcass in the abattoir until the carcass is approved for human consumption or is condemned.

• (3) If an animal bearing an approved tag is slaughtered or otherwise dies on a farm or ranch or at an auction barn, the operator of the farm, ranch or auction barn shall keep a record of the slaughter or death of the animal and the number of its approved tag.

• (4) An organization that manages an animal identification system shall, if it receives the information referred to in paragraph (1)(b), report the information to the administrator within 30 days after receiving it.

• (5) For the purposes of this section, abattoir includes a mobile abattoir.

• 187 (1) Every person, including a renderer, a dead stock operator, a post-mortem laboratory official or a veterinarian, who disposes of the carcass of an animal bearing an approved tag

  • (a) may remove the approved tag from the carcass; and

  • (b) shall report the number of the approved tag to the administrator within 30 days after disposing of the carcass.

• (2) Every person, including a renderer or dead stock operator, a post-mortem laboratory official or a veterinarian, who disposes of the carcass of an animal not bearing an approved tag anywhere but on the farm or ranch where the animal died shall

  • (a) collect enough information about the origin of the animal or carcass to enable the origin to be traced, including, if it is known by that person,

    • (i) the farm, ranch or other place from which the carcass was removed and the date when the carcass was removed from that place, and

    • (ii) the name and address of the owner or person having the possession, care or control of the carcass when it was removed from that place; and

  • (b) report that information to the administrator within 30 days after disposing of the carcass.

• (3) An organization that manages an animal identification system shall, if it receives the information referred to in paragraph (1)(b) or (2)(a), report the information to the administrator within 30 days after receiving it.

Export

188 Every person who exports a bison or a bovine shall ensure that the number of the animal’s approved tag is reported to the administrator within 30 days after the exportation.

Import

• 189 (1) Every person who imports an animal shall

  • (a) apply or cause the application of an approved tag to the animal either before importation or as soon as the animal reaches its initial destination; and

  • (b) report to the administrator

    • (i) the number of the approved tag, and

    • (ii) enough information about the origin of the animal to allow the origin to be traced.

• (2) The report referred to in paragraph (1)(b) shall be made

  • (a) if a bison is being imported, within 60 days after importation;

  • (b) if a bovine is being imported, within 30 days after importation; or

  • (c) if an ovine is being imported, within 7 days after importation.

• (3) Subsection (1) does not apply to an animal imported for immediate slaughter.

• (4) Paragraph (1)(a) and subparagraph (1)(b)(i) do not apply to an animal bearing an official tag of the country of origin if the administrator considers that the tag bears information similar to the information required on an approved tag.