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

Inspectors and Officers

Marginal note:Designation

• 32 (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act analysts, inspectors, veterinary inspectors and officers for the purposes of this Act.

• Marginal note:Designation

  (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

• Marginal note:Certificate to be produced

  (2) Inspectors, officers and veterinary inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector, officer or veterinary inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

Marginal note:Inspectors and officers may exercise Minister’s powers

• 33 (1) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise any of the powers and perform any of the duties or functions of the Minister under this Act, except the powers mentioned in subsections 27(1) and 27.1(1) and (2) and sections 27.4 and 27.5.

• Marginal note:Minister’s power — section 27.3

  (2) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise the Minister’s powers under section 27.3 only in respect of orders made under subsections 27(2) and 27.1(3) and (4).

Marginal note:Agreements

34 For the purposes of this Act, the Minister may enter into an agreement with any qualified person to perform such duties or functions as the Minister may specify, on such terms and conditions as the Minister may specify.

Marginal note:Impeding analyst, inspector or officer

• 35 (1) No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an analyst, inspector or officer who is performing duties or functions under this Act or the regulations.

• Marginal note:Assistance to inspectors and officers

  (2) The owner or the person in charge of a place entered by an inspector or officer under section 38 and every person found in the place shall

  • (a) give the inspector or officer all reasonable assistance in the owner’s or person’s power to enable the inspector or officer to perform duties and functions under this Act or the regulations; and

  • (b) furnish the inspector or officer with such information relevant to the administration of this Act or the regulations as the inspector or officer may reasonably require.

• Marginal note:Assistance of peace officer

  (3) A peace officer shall provide such assistance as an inspector or officer may request for the purpose of enforcing this Act or the regulations.

Marginal note:Provision of documents, information or samples

• 36 (1) An inspector or officer may, for the purpose of detecting diseases or toxic substances or for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector or officer, any document, information or sample specified by the inspector or officer.

• Marginal note:Duty to provide document, information or sample

  (2) A person who is ordered by an inspector or officer to provide a document, information or a sample has a duty to do so on the specified date, at the specified time and place and in the specified manner.

Seals

Marginal note:Broken seal

• 37 (1) Where a seal or other identifying device authorized by the regulations has been affixed to a conveyance, container or other thing and the seal or device is broken, altered, tampered with or removed in contravention of the regulations, an inspector or officer may require that the conveyance, container or other thing, or any animal or thing contained in it, be placed in quarantine, disposed of or returned to its place of origin or to such other place as the inspector or officer may direct.

• Marginal note:Notice

  (2) A requirement under subsection (1) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the conveyance, container or other 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 it is to be quarantined, disposed of or returned.

Inspection

Marginal note:Inspection

• 38 (1) For the purpose of detecting diseases or toxic substances or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector or officer may

  • (a) subject to section 39, at any reasonable time, enter and inspect any place, or stop any conveyance, in which the inspector or officer believes on reasonable grounds there is any animal or thing in respect of which this Act or the regulations apply;

  • (b) open any receptacle, baggage, package, cage or other thing that the inspector or officer believes on reasonable grounds contains any animal or thing in respect of which this Act or the regulations apply;

  • (c) require any person to present any animal or thing for inspection in such manner and under such conditions as the inspector considers necessary to carry out the inspection;

  • (d) examine any animal or thing in respect of which this Act or the regulations apply and take samples of it;

  • (e) require any person to produce for inspection or copying, in whole or in part, any record or document that the inspector or officer believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations; and

  • (f) conduct any tests or analyses or take any measurements.

• Marginal note:Operation of data processing systems and copying equipment

  (2) In carrying out an inspection at any place under this section, an inspector or officer may

  • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

  • (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

Marginal note:Warrant required to enter dwelling-place

• 39 (1) An inspector or officer may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant.

• Marginal note:Authority to issue warrant

  (2) Where on ex parte application a justice is satisfied by information on oath that

  • (a) the conditions for entry described in section 38 exist in relation to a dwelling-place,

  • (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and

  • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

  the justice may at any time sign and issue a warrant authorizing the inspector or officer named in the warrant to enter the dwelling-place, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

  (3) The inspector or officer who executes a warrant shall not use force unless the inspector or officer is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Marginal note:Seizure

40 Where an inspector or officer believes on reasonable grounds that a violation, or an offence under this Act, has been committed, the inspector or officer may seize and detain any animal or thing

• (a) by means of or in relation to which the inspector or officer believes on reasonable grounds the violation or offence was committed; or

• (b) that the inspector or officer believes on reasonable grounds will afford evidence in respect of the commission of a violation, or of an offence under this Act.

Search

Marginal note:Warrant

• 41 (1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place any animal or thing

  • (a) by means of or in relation to which a violation, or an offence under this Act, has been committed or is suspected of having been committed, or

  • (b) that there are reasonable grounds to believe will afford evidence in respect of the commission of a violation, or an offence under this Act,

  the justice may at any time sign and issue a warrant authorizing an inspector or officer to enter and search the place for the animal or thing and, subject to any conditions that may be specified in the warrant, to seize and detain it.

• Marginal note:Search and seizure powers

  (2) The inspector or officer who executes a warrant may exercise the powers described in section 38 and may seize and detain, in addition to any animal or thing mentioned in the warrant, any animal or thing

  • (a) by means of or in relation to which the inspector or officer believes on reasonable grounds a violation, or an offence under this Act, has been committed; or

  • (b) that the inspector or officer believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.

• Marginal note:Execution of search warrant

  (3) A warrant shall be executed by day unless the justice authorizes its execution by night.

• Marginal note:Where warrant not necessary

  (4) An inspector or officer may exercise any of the powers mentioned in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

Disposition of Animals and Things Seized

Marginal note:Notice of reason for seizure

42 An inspector or officer who seizes and detains an animal or thing under this Act shall, as soon as is practicable, advise its owner or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.

Marginal note:Storage and removal

• 43 (1) An inspector or officer who seizes and detains an animal or thing under this Act, or any person designated by the inspector or officer, may

  • (a) store it at the place where it was seized or remove it to any other place for storage; or

  • (b) require its owner or the person having the possession, care or control of it at the time of the seizure to remove it to any other place and to store it.

• Marginal note:Notice

  (2) A requirement under paragraph (1)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the thing or by sending a 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 removed and stored.

• Marginal note:Proceeds

  (3) An inspector or officer who seizes and detains an animal or a perishable thing under this Act may dispose of it and any proceeds realized from its disposition shall be paid to the Receiver General.

Marginal note:Interference with seized animals or things

44 Except as authorized in writing by an inspector or officer, no person shall remove, alter or interfere in any way with an animal or thing seized and detained under this Act.