Health of Animals Regulations

136 (1) The following definitions apply in this Part.

assembly centre

assembly centre means a place to which animals are transported for the purpose of assembly and includes an auction market, an assembly yard and a holding facility, other than a slaughter establishment, that holds, on behalf of a slaughter establishment, animals that are destined soon afterwards for slaughter at that slaughter establishment. (centre de rassemblement)

commercial carrier

commercial carrier means

• (a) the owner of a motor vehicle who is engaged in the business of transporting animals by land for financial benefit;

• (b) the owner of an aircraft who is engaged in the business of transporting animals by air for financial benefit;

• (c) the owner of a vessel who is engaged in the business of transporting animals by water for financial benefit; or

• (d) a railway company. (transporteur commercial)

compromised

compromised, in respect of an animal, means an animal that

• (a) is bloated but has no signs of discomfort or weakness;

• (b) has acute frostbite;

• (c) is blind in both eyes;

• (d) has not fully healed after a procedure, including dehorning, detusking or castration;

• (e) is lame other than in a way that is described in the definition unfit;

• (f) has a deformity or a fully healed amputation and does not demonstrate signs of pain as a result of the deformity or amputation;

• (g) is in a period of peak lactation;

• (h) has an unhealed or acutely injured penis;

• (i) has a minor rectal or minor vaginal prolapse;

• (j) has its mobility limited by a device applied to its body including hobbles other than hobbles that are applied to aid in treatment;

• (k) is a wet bird; or

• (l) exhibits any other signs of infirmity, illness, injury or of a condition that indicates that it has a reduced capacity to withstand transport. (fragilisé)

confine

confine means, for the purpose of transporting an animal, to hold an animal in a conveyance or container from the time that the animal is in the conveyance or container until the time that the animal is out of the conveyance or container. (confinement)

container

container means a structure that is moveable, that has rigid sides and a rigid bottom and may have a cover and that is used to confine an animal and includes a cargo container and a crate. (caisse)

humanely kill

humanely kill means to kill as rapidly as possible with the least possible pain, suffering, fear and anxiety and includes to slaughter in accordance with applicable legislation. (tuer sans cruauté)

nutritional deficit

nutritional deficit means an inadequate amount of feed or deprivation of feed that causes behavioural or physiological effects. (déficit nutritionnel)

safe water

safe water means potable water or water that does not pose a risk to the health of the animal drinking it. (eau salubre)

unfit

unfit, in respect of an animal, means an animal that

• (a) is non-ambulatory;

• (b) has a fracture that impedes its mobility or causes it to exhibit signs of pain or suffering;

• (c) is lame in one or more limbs to the extent that it exhibits signs of pain or suffering and halted movements or a reluctance to walk;

• (d) is lame to the extent that it cannot walk on all of its legs;

• (e) is in shock or is dying;

• (f) has a prolapsed uterus or a severe rectal or severe vaginal prolapse;

• (g) exhibits signs of a generalized nervous system disorder;

• (h) is a porcine that is trembling, has difficulty breathing and has discoloured skin;

• (i) has laboured breathing;

• (j) has a severe open wound or a severe laceration;

• (k) has sustained an injury and is hobbled to aid in treatment;

• (l) is extremely thin;

• (m) exhibits signs of dehydration;

• (n) exhibits signs of hypothermia or hyperthermia;

• (o) exhibits signs of a fever;

• (p) has a hernia that

  • (i) impedes its movement, including when a hind limb of the animal touches the hernia as the animal is walking,

  • (ii) causes the animal to exhibit signs of pain or suffering,

  • (iii) touches the ground when the animal is standing in its natural position, or

  • (iv) has an open wound, ulceration or obvious infection;

• (q) is in the last 10% of its gestation period or has given birth during the preceding 48 hours;

• (r) has an unhealed or infected navel;

• (s) has a gangrenous udder;

• (t) has severe squamous cell carcinoma of the eye;

• (u) is bloated to the extent that it exhibits signs of discomfort or weakness;

• (v) exhibits signs of exhaustion; or

• (w) exhibits any other signs of infirmity, illness, injury or of a condition that indicates that it cannot be transported without suffering. (inapte)

(2) For the application of this Part,

• (a) loading of an animal begins when the animal is handled, moved or caught for the purpose of confining it in a conveyance or a container and ends when the animal is confined in the conveyance, or if it is confined in a container, when the container is placed on the conveyance;

• (b) in the case of an animal that is confined in a conveyance, unloading of the animal begins when the animal is handled or moved for the purpose of removing it from the conveyance and ends when the animal is removed from the conveyance or from any ramp, gangway, chute, step or apparatus used for unloading the animal; and

• (c) in the case of an animal that is confined in a container, unloading of the animal begins when the container is handled or moved for the purpose of removing it from the conveyance and ends when the container is removed from the conveyance and the animal is removed from the container.

(3) An animal that is both compromised and unfit as defined in subsection (1), is deemed not to be compromised.