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

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 an animal by-product, manure or a thing containing an animal by-product or manure, other than one described in section 45, 46, 47, 47.1, 49, 50, 51, 51.2 or 53, if

  • (a) the country of origin is the United States and the by-product, manure or thing is not derived from an animal of the subfamily Bovinae or Caprinae;

  • (b) the country of origin, or the part of that country, is designated under section 7 as being free of, or as posing a negligible risk for, any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the by-product, manure or thing was derived is susceptible and that can be transmitted by the by-product, manure or thing, and the person produces a certificate of origin signed by an official of the government of that country attesting to that origin; or

  • (c) the by-product, manure or thing has been collected, treated, prepared, processed, stored and handled in a manner that would prevent the introduction into Canada of any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the by-product, manure or thing was derived is susceptible and that can be transmitted by the by-product, manure or thing, and the person produces a certificate signed by an official of the government of the country of origin that

    • (i) attests that the by-product, manure or thing has been collected, treated, prepared, processed, stored and handled in that manner, and

    • (ii) shows the details of how it was collected, treated, prepared, processed, stored and handled.

• (2) Subsection (1) does not apply in respect of manure found in or on a vehicle that is entering Canada from the United States if the manure was produced by animals, other than swine, that are being transported by the vehicle.

• 41.1 (1) Despite section 41, a person may import into Canada an animal by-product or a thing containing an animal by-product, other than one described in section 45, 46, 47, 47.1, 49, 50, 51, 51.2 or 53, if an inspector has reasonable grounds to believe that the importation of the by-product or thing, by its nature, end use or the manner in which it has been processed, would not, or would not be likely to, result in the introduction into Canada of any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the by-product was derived is susceptible and that can be transmitted by the by-product, and the by-product or thing is not intended for use as animal food or as an ingredient in animal food.

• (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, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the glands and organs was taken is susceptible and that 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, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the gluestock was derived is susceptible and that can be transmitted by the gluestock.

• (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).

Meat and Bone Meal, Bone Meal, Blood Meal, Tankage, Feather Meal, Fish Meal, Rendering Plant Products, Animal Manure, Garbage and Ship’s Refuse

46 No person shall import into Canada meat and bone meal, bone meal, blood meal, tankage (meat meal), feather meal, fish meal or any other product of a rendering plant unless, in addition to the requirements of sections 166 to 171,

• (a) the country of origin, or the part of that country, is designated under section 7 as being free of, or as posing a negligible risk for, any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the product was derived is susceptible and that can be transmitted by the product, and the person produces a certificate of origin signed by an official of the government of that country attesting to that origin; and

• (b) an inspector has reasonable grounds to believe that the product has been processed in a manner that would prevent the introduction of any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the product was derived is susceptible and that can be transmitted by the product.

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 animal)

  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) without delay 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 Canada Border Services Agency has determined under the Customs Tariff that the carcass originated in the United States; and

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

• (2) The number of carcasses that a person may import into Canada shall be the number indicated on the hunting permit described 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 derived from an animal affected with anthrax, foot-and-mouth disease, rinderpest or Bovine Spongiform Encephalopathy or any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the by-product or manure was derived is susceptible and that can be transmitted by the by-product or manure.

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.