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

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Act current to 2012-01-24 and last amended on 2007-07-01. Previous Versions

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 the disease or toxic substance described in the declaration

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

  • (b) is not injurious to the health of persons or animals.

  • 27. (1) Where the Minister believes that a disease or toxic substance exists in an area, the Minister may declare the area to be a control area, describe the area and identify the disease or toxic substance that is believed to exist there.

  • (2) The Minister may take all reasonable measures 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 control area.

  • (3) The Minister may make regulations for the purposes of controlling or eliminating diseases or toxic substances in a control area and of preventing their spread, including regulations

    • (a) prohibiting or regulating the movement of persons, animals or things, including conveyances, within, into or out of a control area;

    • (b) providing for the establishment of zones within a control area and varying measures of control for each zone; and

    • (c) authorizing the disposal or treatment of animals or other things that are or have been in a control area.

  • (4) Where an inspector or officer believes on reasonable grounds that any animal or thing has been removed from, moved within or taken into a control area in contravention of a regulation made under subsection (3), the inspector or officer may, whether or not the animal or thing is seized,

    • (a) return it to or remove it from the control area, 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 control area, or move it to any other place.

  • (5) A requirement under paragraph (4)(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.

28. For greater certainty, a declaration under section 22, 23, 26 or 27 is not a statutory instrument for the purposes of the Statutory Instruments Act, but the Minister shall take such steps as may be practicable in the circumstances to bring any declaration under section 27 to the notice of persons likely to be affected by it.