Health of Animals Act (S.C. 1990, c. 21)

Marginal note:Importation into Canada

• 16 (1) Where a person imports into Canada any animal, animal product, animal byproduct, animal food or veterinary biologic, or any other thing used in respect of animals or contaminated by a disease or toxic substance, the person shall, either before or at the time of importation, present the animal, animal product, animal by-product, animal food, veterinary biologic or other thing to an inspector, officer or customs officer who may inspect it or detain it until it has been inspected or otherwise dealt with by an inspector or officer.

• Marginal note:Regulations

  (2) The Minister may make regulations for exempting animals or things from the application of this section and respecting the manner of presenting things for inspection.

Marginal note:Forfeiture of imports

17 Subject to section 18, if the Minister determines that an animal or thing has been imported — or an attempt has been made to import an animal or thing — in contravention of this Act or the regulations or that a requirement imposed by or under the regulations in respect of an imported animal or thing has not been met, it is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

Marginal note:Removal or destruction of unlawful imports

• 18 (1) An inspector or officer who has reasonable grounds to believe that an imported animal or thing has been imported in contravention of this Act or the regulations, is or could be affected or contaminated by a disease or toxic substance or is a vector or that a requirement imposed by or under the regulations in respect of an imported animal or thing has not been met may, by notice, whether the animal or thing is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to dispose of it.

• Marginal note:Notice

  (2) The notice must either be delivered personally to the owner or importer of the animal or thing or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada.

• Marginal note:Forfeiture

  (3) If the animal or thing is not removed from Canada, or disposed of, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 45(1), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

• Marginal note:Suspension of application of subsection (3)

  (4) An inspector or officer may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that

  • (a) harm to human or animal health or, in the case of a veterinary biologic, to the environment is unlikely to result;

  • (b) the animal or thing will not be sold within that period;

  • (c) the measures that should have been taken for the animal or thing not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and

  • (d) if the animal or thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.

• Marginal note:Cancellation

  (5) An inspector or officer may cancel the notice if he or she is satisfied that

  • (a) harm to human or animal health or, in the case of a veterinary biologic, to the environment is unlikely to result;

  • (b) the animal or thing has not been sold within the period referred to in subsection (6);

  • (c) the measures referred to in paragraph (4)(c) were taken within that period; and

  • (d) if the animal or thing did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period.

• Marginal note:Period

  (6) The period for the purposes of subsection (5) is

  • (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and

  • (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent.

• Marginal note:Non-forfeiture

  (7) Section 17 does not apply to the animal or thing that is required to be removed from Canada.

Exportation of Animals

Marginal note:Certificate required

• 19 (1) No person shall export an animal from Canada by vessel or aircraft unless

  • (a) prior notice of the export of the animal has been given to a customs officer in charge of the place where the animal is to board the vessel or aircraft and the animal has been presented to a veterinary inspector in accordance with subsection (2) at that place; and

  • (b) a certificate of the veterinary inspector has been received by the person certifying that all the prescribed requirements respecting the health, protection and transportation of the animal have been complied with.

• Marginal note:Presentation of animal

  (2) An animal that is required to be inspected shall be presented in such manner and under such conditions as the veterinary inspector considers necessary to carry out the inspection.

• Marginal note:Copy of certificate

  (3) A copy of the certificate referred to in paragraph (1)(b) shall be delivered to

  • (a) the master or agent of the vessel or the pilot in command or operator of the aircraft; and

  • (b) the chief officer of customs of the port or airport from which the vessel or aircraft is to depart.

• Marginal note:No departure without certificate

  (4) Where a vessel or aircraft that is to depart from Canada has an animal on board,

  • (a) no person shall send the vessel to sea or the aircraft on its flight, and

  • (b) no person in charge of the vessel or aircraft shall take the vessel to sea or the aircraft on its flight,

  unless a copy of a certificate in respect of the animal has been delivered in accordance with subsection (3).

• Marginal note:Detention

  (5) The chief officer of customs referred to in paragraph (3)(b) shall detain animals until a copy of the certificate referred to in paragraph (1)(b) has been delivered to that officer.

• Marginal note:Exemptions

  (6) The Minister may make regulations exempting animals or categories of animals and shipments and categories of shipments from the application of this section.

Marginal note:Certain Acts not affected

20 Nothing in this Act affects

• (a) the provisions of the Canada Shipping Act, 2001 respecting inspections authorized under paragraph 11(2)(e) of that Act to be carried out,

• (b) chapter 33 of the Statutes of Canada, 1871, entitled An Act to provide for the appointment of a Port Warden for the Harbor of Quebec,

• (c) chapter 11 of the Statutes of Canada, 1873, entitled An Act to amend the Acts relating to Port Wardens at Montreal and Quebec, or

• (d) chapter 45 of the Statutes of Canada, 1882, entitled An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal,

and this Act shall, with respect to the ports to which the Acts referred to in paragraphs (a) to (d) apply, be construed as having been enacted in addition to and not in derogation from those Acts.

International Assistance

Marginal note:Assistance

21 The Minister may provide assistance, both financial and technical, to any person or government outside Canada in controlling or eradicating a disease or toxic substance that affects or could affect persons or animals in Canada.

Infected Places and Control Zones

Marginal note:Declaration of infected place

• 22 (1) Where an inspector or officer suspects or determines that a disease or toxic substance exists in a place and is of the opinion that it could spread or that animals or things entering the place could become affected or contaminated by it, the inspector or officer may in writing declare that the place is infected and identify the disease or toxic substance that is believed to exist there, and such a declaration may subsequently be amended by the inspector or officer.

• Marginal note:Delivery of declaration

  (2) When the declaration is delivered to the occupier or owner of the place to which it relates, the place, together with all contiguous lands, buildings and other places occupied or owned by the occupier or owner, constitutes an infected place.

Marginal note:Further declaration

• 23 (1) For the purpose of preventing the spread of a disease or toxic substance, an inspector or officer may in writing declare that any land, building or other place, any part of which lies within five kilometres of the limits of a place declared to be infected under section 22, is infected and identify the disease or toxic substance that could spread there.

• Marginal note:Delivery of declaration

  (2) When the declaration has been delivered to the occupier or owner of any land, building or other place mentioned in subsection (1), the land, building or other place, together with all contiguous lands, buildings and other places occupied or owned by the same occupier or owner, constitutes an infected place.

Marginal note:Where occupier or owner not found

24 Where an inspector or officer cannot, after the exercise of due diligence, find the occupier or owner of any land, building or other place, delivery of a declaration may be effected by posting it on the building or on any building or conspicuous object on the land or at the place.

Marginal note:Prohibition — infected place

• 25 (1) No person shall, without a licence issued by an inspector or officer, remove from or take into an infected place any animal or thing.

• Marginal note:Return

  (2) Where an inspector or officer believes on reasonable grounds that any animal or thing has been removed from or taken into an infected place in contravention of subsection (1), the inspector or officer may, whether or not the animal or thing is seized,

  • (a) return it to or remove it from the infected place, or move it to any other place; or

  • (b) require its owner or the person having the possession, care or control of it to return it to or remove it from the infected place, or move it to any other place.

• Marginal note:Notice

  (3) A requirement under paragraph (2)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the animal or thing or by sending the notice to the owner or person, and the notice may specify the period within which and the manner in which the animal or thing is to be returned or removed.

Marginal note:Declaration that place no longer infected

26 A place, or any part of a place, that has been constituted to be an infected place by the delivery of a declaration under section 22 or 23 ceases to be an infected place when an inspector or officer declares in writing that

• (a) the disease or toxic substance described in the declaration

  • (i) does not exist in, or will not spread from, the place or the part of the place, or

  • (ii) is not injurious to the health of persons or animals; or

• (b) the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance.

Marginal note:Primary control zone

• 27 (1) If the Minister believes that a disease or toxic substance exists in an area, he or she may, by order, declare the area to be a primary control zone, in which case the Minister shall describe the zone and identify the disease or toxic substance.

• Marginal note:Designated animal or thing

  (2) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the primary control zone is declared.

• Marginal note:Prohibition — primary control zone

  (3) No person shall remove from, move within or take into the primary control zone a designated animal or thing except in accordance with a permit issued by the Minister.

Marginal note:Secondary control zone

• 27.1 (1) If the Minister makes an order under subsection 27(1), he or she may — for the purpose of preventing the spread of the disease or toxic substance identified in the order or monitoring that disease or toxic substance — by order, declare any area that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone.

• Marginal note:Disease outside Canada

  (2) If the Minister believes that a disease or toxic substance exists in an area outside Canada, he or she may — for the purpose of preventing the spread of that disease or toxic substance into Canada or monitoring that disease or toxic substance — by order, declare any area in Canada that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone and identify that disease or toxic substance.

• Marginal note:Designated animal or thing

  (3) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the secondary control zone referred to in subsection (2) is declared.

• Marginal note:Conditions

  (4) The Minister may, by order, prohibit or impose conditions on — including requiring a permit for — removing from, moving within or taking into a secondary control zone a designated animal or thing.

• Marginal note:Compliance

  (5) Any person to whom an order made under subsection (4) applies shall comply with it.

Marginal note:Permits

27.2 A permit referred to in subsection 27(3) or 27.1(4) may be issued as a general permit to owners or persons having the possession, care or control of a designated animal or thing.

Marginal note:Order amended

27.3 The Minister may, by order, amend or revoke an order made under subsection 27(1) or (2) or one made under any of subsections 27.1(1) to (4).

Marginal note:Measures

27.4 The Minister may take all reasonable measures that are consistent with public safety to remedy any dangerous condition or mitigate any danger to life, health, property or the environment that results, or may reasonably be expected to result, from the existence of a disease or toxic substance in a primary control zone.