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

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.

Segregation and Inspection

90 The Minister may order a person who owns or has the possession, care or control of any poultry, ruminant, or equine or porcine animal to segregate the animal and to have the animal inspected in any manner and for any communicable disease that the Minister specifies.

91 [Repealed, SOR/97-85, s. 61]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; and

• (b) [Repealed, SOR/2012-286, s. 56]

• (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) If an inspector orders a quarantine of a disease agent, animal or thing, a 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 period 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 under these Regulations shall without delay 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, 99 or 201 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, 99 or 201.

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) If an animal is required to be destroyed under section 27.6, 37 or 48 of the Act, every person in charge of a conveyance in which the animal is subsequently 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.