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

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.

Marginal note:Regulations

27.5 The Minister may make regulations prohibiting or regulating the movement of persons or designated animals or things from, within or into a primary or secondary control zone for the purpose of controlling or eliminating a disease or toxic substance, in respect of which the primary control zone or a secondary control zone referred to in subsection 27.1(2) was declared, or preventing its spread.

Marginal note:Treatment or disposal

• 27.6 (1) The Minister may, in respect of a designated animal or thing that is or has been in a primary or secondary control zone,

  • (a) treat that animal or thing or require its owner or the person having the possession, care or control of it to treat it or to have it treated if the Minister considers that the treatment will be effective in eliminating the disease or toxic substance or preventing its spread; or

  • (b) dispose of that animal or thing or require its owner or the person having the possession, care or control of it to dispose of it.

• Marginal note:Return animal or thing

  (2) If an inspector or officer believes on reasonable grounds that a designated animal or thing has been removed from, moved within or taken into a primary control zone in contravention of subsection 27(3) — or a secondary control zone in contravention of an order made under subsection 27.1(4) — the inspector or officer may, whether or not that animal or thing is seized, move it to any place or require its owner or the person having the possession, care or control of it to move it to any place.

• Marginal note:Notice

  (3) A requirement under subsection (1) or (2) shall be communicated by the 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. The notice shall specify the period within which and the manner in which the requirement is to be met.

Marginal note:Statutory Instruments Act

• 28 (1) The Statutory Instruments Act does not apply in respect of a declaration under section 22, 23 or 26, an order made under subsection 27(1) or (2), any of subsections 27.1(1) to (4) or section 27.3 or a permit referred to in subsection 27(3) or 27.1(4) that is issued as a general permit.

• Marginal note:Accessibility

  (2) The Minister shall take any steps that may be reasonable in the circumstances to make the order or general permit accessible to persons likely to be affected by it.

Administration

Facilities

Marginal note:Operation of services and facilities

29 The Minister may operate, provide or approve any diagnostic, research, laboratory or other services or facilities required for the purposes of this Act or any regulations.

Marginal note:Designation of facilities

30 The Minister may designate areas, offices, laboratories or other facilities inside or outside Canada for a specified purpose or generally for the administration of this Act or the regulations and may at any time amend, cancel or reinstate any such designation.

Definition of international transportation undertaking

• 31 (1) For the purposes of this section, international transportation undertaking means

  • (a) an undertaking that transports persons or things internationally;

  • (b) an international road, railway, bridge or tunnel;

  • (c) an airport that receives any aircraft operating on an international flight;

  • (d) a port that receives any ship sailing on an international voyage; and

  • (e) a warehouse or other facility that receives any international air, water, rail or road traffic.

• Marginal note:Required facilities

  (2) The owner or operator of an international transportation undertaking shall, where required in writing by the Minister, provide and maintain adequate areas, offices, laboratories and other facilities, including buildings, accommodation, equipment, furnishings and fixtures, for inspection or for any other purpose related to the administration of this Act or the regulations.

• Marginal note:Powers of Minister

  (3) The Minister may

  • (a) cause to be made such improvements as the Minister considers desirable to any area, office, laboratory or other facility provided pursuant to subsection (2);

  • (b) post, on or about the area, office, laboratory or other facility, any signs that the Minister considers appropriate for its operation or safe use or for the administration of this Act or the regulations; and

  • (c) continue to use the area, office, laboratory or other facility for as long as the Minister requires it for the administration of this Act or the regulations.

• Marginal note:Construction and repairs

  (4) Where an area, office, laboratory or other facility that is provided by an owner or operator pursuant to subsection (2) is not adequate for the purposes mentioned in that subsection, the Minister may require the owner or operator to carry out any construction or repairs in order to render the area, office, laboratory or other facility adequate for those purposes, and if the owner or operator fails to do so, the Minister may cause the construction or repairs to be carried out and the owner or operator shall be liable for all reasonable costs incurred by the Minister and those costs may be recovered by Her Majesty in right of Canada.

• Marginal note:Notice

  (5) A requirement under subsection (4) shall be communicated by personal delivery of a notice to the owner or operator or by sending the notice to the owner or operator, and the notice may specify the period within which or the manner in which the construction or repairs are to be carried out.

• Marginal note:Arbitration

  (6) Subject to subsection (7) and any regulations made under subsection (8), a dispute over the adequacy of any area, office, laboratory or other facility may be resolved by arbitration in accordance with the Commercial Arbitration Act.

• Marginal note:Canada Labour Code

  (7) Any area, office, laboratory or other facility that fails to meet the applicable requirements of Part II of the Canada Labour Code shall be deemed to be not adequate for the purposes mentioned in subsection (2).

• Marginal note:Regulations

  (8) The Governor in Council may make regulations for determining the adequacy of any area, office, laboratory or other facility for the purposes mentioned in subsection (2).