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

Application

137 This Part applies to the transport of animals entering or leaving Canada or within Canada.

Knowledge and Skills

138 Every person who loads, confines or transports an animal in or unloads an animal from a conveyance or container shall have the necessary knowledge and skills to conduct those activities in compliance with this Part.

Training

• 138.1 (1) Every commercial carrier shall provide training to, or ensure that training is received by, its employees and agents or mandataries who load, confine or transport an animal in or unload an animal from a conveyance or container or who take part in decision making, or advising the person operating the conveyance, in respect of the loading, confining, transporting or unloading of an animal so that they have the necessary knowledge and skills to conduct those activities in compliance with this Part.

• (2) The training shall cover subjects that include the following in respect of the species of animals that are to be loaded, confined, transported and unloaded:

  • (a) animal behaviour;

  • (b) an assessment of an animal’s capacity to withstand loading, confinement, transport and unloading;

  • (c) animal handling, restraint and space requirements and methods for the loading, confinement, transport and unloading of animals;

  • (d) a contingency plan;

  • (e) effective monitoring of animals during loading, confinement, transport and unloading; and

  • (f) the risk factors set out in subsection 138.3(1).

Contingency Plans

• 138.2 (1) Every commercial carrier and any other person who transports animals in the course of business or for financial benefit shall have a contingency plan that establishes measures that are to be taken in order to comply with the requirements of this Part if

  • (a) there are any unforeseen delays or circumstances that could result in the animal’s unnecessary suffering, injury or death; or

  • (b) the animal becomes compromised or unfit during loading, confinement, transport or unloading.

• (2) Any person who is required to have a contingency plan under subsection (1) shall inform their employees and agents or mandataries who load, confine, transport or unload animals or who take part in decision making, or advising the person operating the conveyance, in respect of the loading, confining, transporting or unloading of animals of the contingency plan.

Assessment and Monitoring of Risk Factors Related to Transport

• 138.3 (1) Every person who loads, confines or transports an animal in or unloads an animal from a conveyance or container, or causes one to be so loaded, confined, transported or unloaded, shall, before loading, confining, transporting or unloading the animal, assess the animal’s capacity to withstand the loading, confinement, transporting and unloading by taking into account any risk factors that could reasonably be viewed as having an impact on the animal’s capacity to withstand the loading, confining, transporting and unloading, including

  • (a) the current condition of the animal;

  • (b) any pre-existing infirmity, illness, injury or condition of the animal;

  • (c) the space requirements for the animal;

  • (d) the compatibility of the animal with any other animal;

  • (e) animal handling and restraint methods;

  • (f) the expected time that the animal will be without feed, safe water and rest;

  • (g) the expected duration of the transport and confinement of the animal in the conveyance or container;

  • (h) the foreseeable delays during transport and at the destination;

  • (i) the foreseeable weather conditions during transport;

  • (j) the foreseeable conditions that may be encountered during transport that could result in sharp inclines and declines, vibration and shifting of the container or swaying of the conveyance; and

  • (k) the type and condition of the conveyance, container and equipment.

• (2) Every person who confines or transports an animal in a conveyance or container shall monitor the animal in a manner and frequency that is appropriate to assess the animal’s capacity to withstand the confinement and transport, taking into account the risk factors set out in subsection (1).

Unfit Animals

• 139 (1) Subject to subsections (2) to (5), no person shall load, confine or transport an animal that is unfit, or cause one to be loaded, confined or transported, in a conveyance or container.

• (2) An unfit animal may be loaded and confined in a conveyance or container and be directly transported to and unloaded at a place, other than a slaughter establishment or assembly centre, where it can receive veterinary care if

  • (a) it is individually loaded and unloaded without having to negotiate any ramps inside the conveyance;

  • (b) it is isolated during confinement and transport;

  • (c) measures are taken to prevent the animal’s unnecessary suffering, injury or death during loading, confinement, transport and unloading; and

  • (d) a veterinarian recommends that the animal be transported to receive veterinary care.

• (3) An unfit animal may be loaded and confined in a conveyance or container and be directly transported to and unloaded at an assembly centre where it can receive veterinary care if the unfit animal is seized and detained under a provincial or federal Act and the requirements set out in paragraphs (2)(a) to (d) are met.

• (4) Every person who confines or transports an animal that becomes unfit during confinement or transport in a container or conveyance, other than a vessel, shall take reasonable measures as soon as possible to prevent the animal’s unnecessary suffering, injury or death and, as soon as possible,

  • (a) transport the animal directly to the nearest place where it can receive care or be humanely killed; or

  • (b) if the animal is not transported to the nearest place, humanely kill the animal in the conveyance.

• (5) If an animal becomes unfit during confinement or transport while on board a vessel, the vessel master or a veterinarian shall, as soon as possible,

  • (a) take reasonable measures to prevent the animal’s unnecessary suffering, injury or death or cause such reasonable measures to be taken by a person on board the vessel who is trained to provide care to the animals and provide care to the animal or cause care to be provided to the animal by a person on board the vessel who is trained to provide care to the animals; or

  • (b) if reasonable measures are not taken and care is not provided, cause the animal to be humanely killed by a person on board the vessel who is trained to use humane killing devices.

• 139.1 (1) Subject to subsection (2), no person shall unload an unfit animal, or cause an unfit animal to be unloaded, from a conveyance or container for the purpose of humanely killing the animal unless

  • (a) in the case of an unfit animal that is non-ambulatory,

    • (i) the animal is rendered unconscious before it is unloaded, or

    • (ii) the animal is humanely killed before it is unloaded; and

  • (b) in the case of an unfit animal that is ambulatory,

    • (i) the animal is unloaded individually in a manner that is not likely to cause unnecessary suffering, injury or death,

    • (ii) the animal is rendered unconscious before it is unloaded, or

    • (iii) the animal is humanely killed before it is unloaded.

• (2) In the case of an unfit animal that is non-ambulatory and in a container, the animal may be manually removed from the container before it is rendered unconscious or humanely killed if to do so would not likely cause the animal to unnecessarily suffer, sustain an injury or die.

• 139.2 (1) A veterinary inspector or an inspector acting under the advice of a veterinary inspector may, if they have reasonable grounds to believe that an unfit animal is being or has been loaded, confined, transported or unloaded in contravention of section 139 or 139.1, make an order directing the person who is in contravention of either of those sections to take measures in order to prevent unnecessary suffering, injury or death of the animal.

• (2) The order may include

  • (a) a requirement that the animal be humanely killed;

  • (b) a requirement that the animal be transported as soon as possible directly to a place where the animal can receive care or be humanely killed;

  • (c) the place to which the animal is to be transported;

  • (d) any condition to be met when loading, confining, transporting or unloading the animal; and

  • (e) the manner in which and the time when the animal is to be humanely killed.

• (3) Every person who receives an order made under this section shall comply with the order.

Compromised Animals

• 140 (1) Subject to subsections (2) to (6), no person shall load, confine or transport a compromised animal in or unload a compromised animal from a conveyance or container, or cause one to be so loaded, confined, transported or unloaded, unless

  • (a) it is isolated;

  • (b) it is individually loaded and unloaded without having to negotiate any ramps inside the conveyance;

  • (c) measures are taken that are necessary to prevent the animal’s suffering, injury or death during loading, confinement, transport and unloading; and

  • (d) it is transported directly to the nearest place, other than an assembly centre, where it can receive care or be humanely killed.

• (2) Paragraphs (1)(a) and (b) do not apply to rabbits and poultry, other than ratites, that are confined in containers.

• (3) Paragraph (1)(a) does not apply to a compromised animal that is confined and transported with one other animal with which it is familiar if to do so is unlikely to cause either animal suffering, injury or death and if they are segregated from other animals.

• (4) Despite paragraph (1)(d), a compromised animal may be transported directly to an assembly centre where it can receive care or be humanely killed if the animal has been seized and detained under a provincial or federal Act.

• (5) Every person who confines or transports an animal that becomes compromised during confinement or transport in a container or conveyance, other than a vessel, shall take reasonable measures as soon as possible to prevent the animal’s unnecessary suffering, injury or death and, as soon as possible,

  • (a) transport the animal directly to the nearest place where it can receive care or be humanely killed; or

  • (b) if the animal is not transported to the nearest place, humanely kill the animal in the conveyance.

• (6) If an animal becomes compromised during confinement or transport while on board a vessel, the vessel master or a veterinarian shall, as soon as possible,

  • (a) take reasonable measures to prevent the animal’s unnecessary suffering, injury or death or cause such reasonable measures to be taken by a person on board the vessel who is trained to provide care to the animals and provide care to the animal or cause care to be provided to the animal by a person on board the vessel who is trained to provide care to the animals; or

  • (b) if reasonable measures are not taken and care is not provided, cause the animal to be humanely killed by a person on board the vessel who is trained to use humane killing devices.

• 140.1 (1) A veterinary inspector or an inspector acting under the advice of a veterinary inspector may, if they have reasonable grounds to believe that a compromised animal is being or has been loaded, confined, transported or unloaded in contravention of section 140, make an order directing the person who is in contravention of that section to take measures in order to prevent unnecessary suffering, injury or death of the animal.

• (2) The order may include

  • (a) a requirement that the animal be humanely killed;

  • (b) a requirement that the animal be transported as soon as possible directly to a place where the animal can receive care or be humanely killed;

  • (c) the place to which the animal is to be transported; and

  • (d) any condition to be met when loading, confining, transporting or unloading the animal.

• (3) Every person who receives an order made under this section shall comply with the order.

Livestock, Camelids or Cervids of Eight Days of Age or Less

• 141 (1) No person shall load, confine or transport livestock, camelids or cervids of eight days of age or less in or unload such an animal from a conveyance or container or cause one to be so loaded, confined, transported or unloaded, unless

  • (a) the animal is loaded and unloaded individually without having to negotiate any ramps within the conveyance;

  • (b) sufficient space is provided to allow the animal to lie down without lying on top of another animal;

  • (c) measures are taken that are necessary to prevent the animal’s suffering, injury or death during loading, confinement, transport and unloading;

  • (d) the animal is segregated from animals that are not livestock, camelids or cervids of eight days of age or less;

  • (e) the expected period of time between the beginning of the animal’s loading and the end of the animal’s unloading is not longer than 12 hours;

  • (f) stops during transport are made only to load other livestock, camelids or cervids of eight days of age or less; and

  • (g) the animal is transported to a final destination that is other than an assembly centre.

• (2) No person shall reload an animal referred to in subsection (1) after it has been unloaded at its final destination.

• (3) Paragraph (1)(d) does not apply to livestock, camelids or cervids of eight days of age or less who are loaded, confined or transported in or unloaded from a conveyance or container with their dam if to do so is unlikely to cause either animal suffering, injury or death.

Lactating Animals

142 No person shall load, confine or transport a lactating animal, or cause one to be so loaded, confined or transported, in a conveyance or container without its suckling offspring unless the animal is milked at intervals that are sufficient to prevent mammary engorgement.