Health of Animals Regulations

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)

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) forthwith 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.