Compensation for Destroyed Animals and Things Regulations (SOR/2000-233)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Health of Animals Act. (Loi)

grandparent breeder

grandparent breeder means a bird belonging to a flock of pureline poultry, comprising one or more generations of poultry, that is being maintained for the purpose of establishing, continuing or improving parent lines and from which parent lines are produced. (reproducteur grand-parent)

parent breeder

parent breeder means a bird belonging to a flock of poultry, comprising one or more generations of poultry, that is being maintained for the purpose of multiplying the parent flock or to produce commercial birds. (reproducteur parent)

registered

registered for the purposes of the schedule, means registered under the Animal Pedigree Act. (enregistré)

Maximum Amounts

2 For the purpose of subsection 51(3) of the Act, the amount that is established as the maximum amount with respect to an animal that is destroyed or required to be destroyed under paragraph 27.6(1)(b) or subsection 48(1) of the Act is

• (a) if the animal is set out or included in column 1 of an item of the schedule, the amount set out in column 3 of that item; and

• (b) in any other case, $30.

Compensation for Costs of Disposal

• 3 (1) Compensation for the following costs related to the destruction of an animal or the disposal of a carcass or thing may be paid to the owner:

  • (a) subject to subsection (2), if the animal is destroyed or required to be destroyed under paragraph 27.6(1)(b) or subsection 48(1) of the Act by slaughter at an abattoir and it is transported to the abattoir within the period and in the manner specified in the notice of requirement delivered or sent under subsection 27.6(3) or 48(3) of the Act,

    • (i) the reasonable costs of transporting it to the abattoir that were paid or incurred by the owner of the animal, to a maximum amount equal to the amount that a commercial trucker would normally charge for transporting it to the abattoir if it had not been required to be destroyed,

    • (i.1) the reasonable costs of labour for the owner’s personal labour in transporting the animal to the abattoir, to a maximum amount equal to the amount that a local agricultural worker would normally be paid for the work, and

    • (ii) the reasonable costs of slaughtering it at the abattoir that were paid or incurred by its owner and that are related to the reason for which it was required to be destroyed; and

  • (b) subject to subsection (3), if the animal is destroyed or required to be destroyed under paragraph 27.6(1)(b) or subsection 48(1) of the Act other than by slaughter at an abattoir and it is destroyed or its carcass or the thing is disposed of within the period and in the manner specified in the notice of requirement delivered or sent under subsection 27.6(3) or 48(3) of the Act,

    • (i) the reasonable costs of transporting the animal to the place of destruction or transporting the carcass or thing to the place of disposal that were paid or incurred by the owner, to a maximum amount equal to the amount that a commercial trucker would normally charge for that service,

    • (ii) the reasonable costs that were paid or incurred by the owner for cleaning and disinfecting the conveyance used to transport the animal, carcass or thing, to a maximum amount equal to the amount that a commercial service would normally charge for that service,

    • (iii) the reasonable costs, to a maximum amount equal to the amount that a commercial service would normally charge to destroy the animal or dispose of the carcass or thing, that were paid or incurred by the owner

      • (A) if the owner destroyed the animal or disposed of the carcass or thing, for the supplies, equipment and labour expended to do so, or

      • (B) if a commercial service was used to destroy the animal or dispose of the carcass or thing, for that service, and

    • (iv) the reasonable costs of labour, to a maximum amount equal to the amount that a local agricultural worker would normally be paid for the work, for the owner’s personal labour in

      • (A) transporting the animal to the place of destruction or transporting the carcass or thing to the place of disposal,

      • (B) cleaning and disinfecting the conveyance used to transport the animal, carcass or thing, or

      • (C) destroying the animal or disposing of the carcass or thing.

• (2) The maximum amount of compensation that may be paid under paragraph (1)(a) is an amount equal to

  • (a) if the carcass of the animal has not been condemned, the value of the carcass according to paragraph 51(2)(b) of the Act; and

  • (b) if the carcass of the animal has been condemned, the value that the carcass would have had according to paragraph 51(2)(b) of the Act had it not been condemned.

• (3) Compensation for costs related to the disposal of a thing may be paid only with respect to the following:

  • (a) animal food;

  • (b) refrigerators, refrigerator-freezers and freezers intended primarily for use in a dwelling, but not commercial or walk-in refrigerators, refrigerator-freezers and freezers;

  • (c) cages, crates and nesting boxes; and

  • (d) feed troughs.

Repeal

4 [Repeal]

Coming into Force

5 These Regulations come into force on the day on which they are registered.