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

2.1 For the purposes of interpreting any document prepared by the Agency that is incorporated by reference into these Regulations, words and expressions that are used but not defined in that document have the same meaning as in these Regulations.

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 control zone, 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3.1 [Repealed, SOR/79-839, s. 3]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 control zone; 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 where food animals are slaughtered by the holder of a licence that is issued under paragraph 20(1)(b) of the Safe Food for Canadians 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 the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older, and the distal ileum of cattle of all ages, but does not include material from a country of origin, or a part of a country of origin, that is designated under section 7 as posing a negligible risk for Bovine Spongiform Encephalopathy.

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.

• 6.21 (1) Every person who slaughters, cuts up or debones cattle for human consumption as food shall ensure that, immediately after removal of the specified risk material, the specified risk material is stained with a conspicuous and indelible dye and collected in a dedicated container that is marked with a statement in both official languages indicating that the contents are specified risk material.

• (2) Subsection (1) does not apply in respect of

  • (a) cattle that are slaughtered, cut up or deboned on a farm, as defined in subsection 172(1), if the specified risk material from the carcasses of those cattle is not removed from the farm except for submission to a level 2 containment laboratory;

  • (b) cattle that are slaughtered, cut up or deboned at an abattoir if all parts of the carcass of any animal remain on the premises of the abattoir other than those parts that are for human consumption as food or samples that are submitted to a level 2 containment laboratory; or

  • (c) samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed, that are submitted to a level 2 containment laboratory.

• 6.22 (1) Every person who removes the specified risk material from the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food shall ensure that the specified risk material is stained with a conspicuous and indelible dye and collected in a dedicated container that is marked with a statement in both official languages indicating that the contents are specified risk material.

• (2) If the specified risk material has not been removed from the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food, the person who has the possession, care or control of the carcasses and any parts of them shall ensure that the carcasses and any parts of them containing the specified risk material are stained with a dye that is conspicuous, indelible and safe for consumption by animals.

• (3) Subsections (1) and (2) do not apply in respect of

  • (a) the carcasses of cattle if the specified risk material from each of the carcasses and each of the carcasses that contains specified risk material remain on the premises on which the cattle were determined to be dead or are submitted to a level 2 containment laboratory; or

  • (b) samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed, that are submitted to a level 2 containment laboratory.

• 6.23 (1) Subject to subsection (3), this section applies to every person

  • (a) who is required by these Regulations to remove or stain specified risk material;

  • (b) who collects the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material has not been removed from the carcasses; or

  • (c) who receives specified risk material from another person or who receives from another person the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material has not been removed from the carcasses.

• (2) The person shall keep, for a period of 10 years, a record for each day on which the specified risk material is removed, stained or received or the carcasses are collected or received that includes

  • (a) the person’s name and address and the date of the removal, staining, collection or reception;

  • (b) the combined weight of the specified risk material and the carcasses or parts of carcasses collected or received, as well as the number of those carcasses;

  • (c) the name of the dye used to identify the specified risk material or the carcasses;

  • (d) the numbers of the approved tags, as defined in section 172, that are on the carcasses or, in the case of carcasses not bearing approved tags, the information referred to in paragraph 187(2)(a) in respect of the carcasses;

  • (e) if the person treated, confined or destroyed the specified risk material or the carcasses, the date on which and the manner in which the specified risk material or the carcasses were treated, confined or destroyed; and

  • (f) if the person did not confine or destroy the specified risk material or the carcasses,

    • (i) the name and address of the person, if any, who received the specified risk material or carcasses from him or her,

    • (ii) the name and address of the person, if any, who transported the specified risk material or the carcasses to another location and the manner in which the specified risk material or the carcasses were transported, and

    • (iii) the name and address, if known to the person, of the person, if any, who confined or destroyed the specified risk material or the carcasses.

• (3) This section does not apply in respect of samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed, that are submitted to a level 2 containment laboratory.

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.

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

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

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

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

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

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

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

• 6.5 (1) Except in accordance with a permit issued under section 160, no person shall feed to any animal material in any form — whether or not incorporated into another thing — that is derived from specified risk material.

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

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

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

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

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

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

PART IIImportation

General

Designation

• 7 (1) For the purpose of preventing the introduction of a disease into Canada from an animal or thing imported into Canada, the Minister may designate a country or part of a country as being free of a disease or as posing a negligible risk for a disease.

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

  • (a) the prevalence of the disease;

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

  • (c) the disease surveillance programs in effect;

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

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

  • (f) the zoosanitary infrastructure; and

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

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

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