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

Electronic Documents

• 8 (1) The Minister may accept a certificate or any other document referred to in this Part, any of Parts III to VIII or Part XVI that is transmitted in electronic form, including by facsimile.

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

Powers of Inspectors

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 17.

area

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

area of origin

area of origin means

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

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

embryo

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

equivalent risk area

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

germplasm

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

import reference document

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

low risk area

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

official veterinarian

official veterinarian means a veterinarian who is

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

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

regulated animal

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

• (a) germplasm;

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

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

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

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

species

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

undesignated area

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

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 (1) On request of the government of the United States, subject to subsection (3), a person may import a regulated animal from the United States for the purpose of re-entering the United States without meeting the requirements of paragraphs 12(1)(a) and (b), sections 15 and 16 and Part XV, if the President of the Canadian Food Inspection Agency determines that

  • (a) a transportation route within the United States usually used to transport the animal cannot be used because the route is obstructed;

  • (b) no reasonable alternative transportation route within the United States exists; and

  • (c) as a result of the obstruction, the welfare of the animal is at risk.

• (2) Subject to subsection (3), if a regulated animal is exported to the United States under subsection 69.1(1), a person may import that animal without meeting the requirements of paragraphs 12(1)(a) and (b), sections 15 and 16 and Part XV.

• (3) No person shall import a regulated animal under subsection (1) or (2) unless it is accompanied by a certificate issued by a veterinary inspector, a certificate issued by an accredited veterinarian that is approved in writing by a veterinary inspector or a certificate of an official veterinarian that specifies

  • (a) the species of the animal and the number of animals of each species being transported; and

  • (b) the number of the seal affixed to the conveyance used for the transport of the animal, unless, in the opinion of the veterinary inspector, the accredited veterinarian or the official veterinarian, the conveyance cannot be sealed.

18 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 processed egg product establishment approved by the Minister.

• (4) In subsection (3), processed egg product establishment means an establishment where eggs or processed egg products are processed, treated or preserved by the holder of a licence that is issued under paragraph 20(1)(b) of the Safe Food for Canadians Act.

• 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]