Health of Animals Act (S.C. 1990, c. 21).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act comprises 78 sections covering; Short titles; Interpretation; Control of diseases and toxic substances; Infected places and control areas; Administration; Disposal and treatment; Limitation on liability; Compensation; Fees, charges and costs; Regulations; Offences and punishment; Evidence; Transitional; Consequential amendments; Coming into force.
The objectives of the Act are (i) to organize the control of diseases and toxic substances in animals (notification by the owner or the veterinarian regarding the presence of a disease or toxic substance; related notices; animal and animal product samples; prohibition to conceal, sell without authorization or dispose of the carcass in water, etc., (ii) to control imports and (iii) to control exports. The objectives of the control actions define the obligation to report diseases and toxic substances present in the animal, to declare the contamination and infestation of a place or region by a disease or toxic substance, to regulate or prohibit by ad hoc regulation the transit of persons, animals or things including vehicles, in the infested area; the treatment and the destruction or any other form of disposal of the animals or things in, or having been in, the region. To this effect, and on the basis of this Act, the Minister of Agriculture may: (i) provide, use or approve the diagnosis, research, laboratory and other services or installations within the country or abroad; (ii) appoint, individually or by categories, qualified inspectors (veterinarian or not), analysts or officers, with powers as established by the Act (seals, inspection, search, seizure and post-seizure measures). The Minister may dispose of animals or things that (a) are contaminated by a disease or toxic substance or suspected of being so; (b) have been in contact with animals or things that are, or are suspected of being, contaminated or that have been in their immediate vicinity; (c) are, or are suspected of being, toxic substances, vectors or agents causing disease (for example subjecting such animals or things to treatment, taking samples). Her Majesty cannot be held liable for losses, damages or costs incurred through the enforcement of the provisions of this Act or the regulations
The Act specifies the compensation procedure for any animal or thing destroyed, damaged or impaired by its implementation, together with the compensation assessment procedures. The Governor in Council is empowered to introduce measures to safeguard human and animal health by controlling or eliminating disease and toxic substances, and, any other measure within the scope of this Act, particularly with regard to the exportation, possession, transit and transportation of animals, their products and by-products and the isolation, quarantine, treatment or destruction of animals that are, or are thought to be infested. The Act provides specifically for birds and authorizes the Governor in Council to enforce special measures to maintain and improve the quality of the bird species and on the one hand, and on the other, to control or eliminate their contamination by disease or toxic substance.
The Act contains provisions protect food quality and safety; for instance the Act establishes that no person shall, without a licence issued by an inspector or officer, sell or offer or expose for sale or otherwise transfer the ownership of (a) any animal or any part of an animal that the person knows is affected or contaminated by, or has been exposed to, any reportable disease or toxic substance, or (b) any animal product or animal by-product that the person knows was obtained from an animal that was affected or contaminated by, or was exposed to, any reportable disease or toxic substance at the time of its death, whether or not the person is the owner of the animal, animal product or animal by-product. The Act also establishes restriction in the importation of animal products contaminated by a disease or toxic substance; the person shall, either before or at the time of importation, present the animal product, a to an inspector, officer or customs officer who may inspect it, detain it and in case remove from Canada or dispose it. Moreover the Governor in Council may make regulations for the purpose of protecting human and animal health through the control or elimination of diseases and toxic substances regulations that for instance prohibit or regulate the movement in Canada of animal products.
Further to that the Act contains specific provisions that refer to the Canadian Food Inspection Agency Act; section 11.1 states that no person shall sell an animal or thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.
The objectives of the Act are (i) to organize the control of diseases and toxic substances in animals (notification by the owner or the veterinarian regarding the presence of a disease or toxic substance; related notices; animal and animal product samples; prohibition to conceal, sell without authorization or dispose of the carcass in water, etc., (ii) to control imports and (iii) to control exports. The objectives of the control actions define the obligation to report diseases and toxic substances present in the animal, to declare the contamination and infestation of a place or region by a disease or toxic substance, to regulate or prohibit by ad hoc regulation the transit of persons, animals or things including vehicles, in the infested area; the treatment and the destruction or any other form of disposal of the animals or things in, or having been in, the region. To this effect, and on the basis of this Act, the Minister of Agriculture may: (i) provide, use or approve the diagnosis, research, laboratory and other services or installations within the country or abroad; (ii) appoint, individually or by categories, qualified inspectors (veterinarian or not), analysts or officers, with powers as established by the Act (seals, inspection, search, seizure and post-seizure measures). The Minister may dispose of animals or things that (a) are contaminated by a disease or toxic substance or suspected of being so; (b) have been in contact with animals or things that are, or are suspected of being, contaminated or that have been in their immediate vicinity; (c) are, or are suspected of being, toxic substances, vectors or agents causing disease (for example subjecting such animals or things to treatment, taking samples). Her Majesty cannot be held liable for losses, damages or costs incurred through the enforcement of the provisions of this Act or the regulations
The Act specifies the compensation procedure for any animal or thing destroyed, damaged or impaired by its implementation, together with the compensation assessment procedures. The Governor in Council is empowered to introduce measures to safeguard human and animal health by controlling or eliminating disease and toxic substances, and, any other measure within the scope of this Act, particularly with regard to the exportation, possession, transit and transportation of animals, their products and by-products and the isolation, quarantine, treatment or destruction of animals that are, or are thought to be infested. The Act provides specifically for birds and authorizes the Governor in Council to enforce special measures to maintain and improve the quality of the bird species and on the one hand, and on the other, to control or eliminate their contamination by disease or toxic substance.
The Act contains provisions protect food quality and safety; for instance the Act establishes that no person shall, without a licence issued by an inspector or officer, sell or offer or expose for sale or otherwise transfer the ownership of (a) any animal or any part of an animal that the person knows is affected or contaminated by, or has been exposed to, any reportable disease or toxic substance, or (b) any animal product or animal by-product that the person knows was obtained from an animal that was affected or contaminated by, or was exposed to, any reportable disease or toxic substance at the time of its death, whether or not the person is the owner of the animal, animal product or animal by-product. The Act also establishes restriction in the importation of animal products contaminated by a disease or toxic substance; the person shall, either before or at the time of importation, present the animal product, a to an inspector, officer or customs officer who may inspect it, detain it and in case remove from Canada or dispose it. Moreover the Governor in Council may make regulations for the purpose of protecting human and animal health through the control or elimination of diseases and toxic substances regulations that for instance prohibit or regulate the movement in Canada of animal products.
Further to that the Act contains specific provisions that refer to the Canadian Food Inspection Agency Act; section 11.1 states that no person shall sell an animal or thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.
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Long title of text
An Act respecting diseases and toxic substances that may affect animals or that may be transmitted by animals to persons, and respecting the protection of animals.
Notes
Act current to 2021-08-10 and last amended on 2019-01-15.
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by