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

Act current to 2017-11-20 and last amended on 2015-02-27. Previous Versions

Application

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Limits of ports, etc.

 The Governor in Council may, by order, define the limits of ports and of other places for the purposes of this Act.

Control of Diseases and Toxic Substances

Notification and Samples

Marginal note:Notification by owner, etc.
  •  (1) A person who owns or has the possession, care or control of an animal shall notify the nearest veterinary inspector of the presence of a reportable disease or toxic substance, or any fact indicating its presence, in or around the animal, immediately after the person becomes aware of the presence or fact.

  • Marginal note:Notification by veterinarian, etc.

    (2) Immediately after a person who is a veterinarian or who analyses animal specimens suspects that an animal is affected or contaminated by a reportable disease or toxic substance, the person shall so notify a veterinary inspector.

 [Repealed, 2015, c. 2, s. 85]

Marginal note:Notice forbidding entry
  •  (1) Where

    • (a) there exists in an area a disease or toxic substance that is capable of affecting animals, and

    • (b) reasonable steps have been taken by the Minister to

      • (i) bring the existence of the disease or toxic substance to the attention of persons having the possession, care or control of animals in the area, and

      • (ii) make those persons aware of the requirements of this subsection,

    every person in that area who owns or has the possession, care or control of an animal shall affix at the entrance to the building or other enclosed place in which the animal is kept a notice forbidding entry without the person’s permission.

  • Marginal note:Notice forbidding entry without permission

    (2) A person who owns or has the possession, care or control of an animal shall affix at the entrance to the building or other enclosed place in which the animal is kept a notice forbidding entry without the permission of an inspector or officer where there exists in the area a disease or toxic substance that is capable of affecting the animal and the inspector or officer requires such a notice to be so affixed.

  • Marginal note:Prohibition

    (3) No person shall knowingly enter a building or other enclosed place in contravention of a notice affixed under this section, unless the person has a right of entry or way into the building or place or any part thereof or an inspector or officer has authorized the entry.

Prohibitions

Marginal note:Concealment

 No person shall conceal the existence of a reportable disease or toxic substance among animals.

Marginal note:Keeping diseased animals

 No person shall turn out, keep or graze on any undivided or unenclosed land any animal that the person knows is affected or contaminated by, or has been exposed to, any reportable disease or toxic substance.

Marginal note:Bringing diseased animals to market

 No person shall, without a licence issued by an inspector or officer, bring into any market, fair or other place any animal that is known by the person to be affected or contaminated by, or has been exposed to, any reportable disease or toxic substance.

  • 1990, c. 21, s. 10;
  • 2015, c. 3, s. 100(F).
Marginal note:Selling or disposing of diseased animals

 No person shall, without a licence issued by an inspector or officer, sell or offer or expose for sale or otherwise transfer the ownership of

  • (a) any animal or any part of an animal that the person knows is affected or contaminated by, or has been exposed to, any reportable disease or toxic substance, or

  • (b) any animal product or animal by-product that the person knows was obtained from an animal that was affected or contaminated by, or was exposed to, any reportable disease or toxic substance at the time of its death,

whether or not the person is the owner of the animal, animal product or animal by-product.

Marginal note:Recall order — Canadian Food Inspection Agency Act

 No person shall sell an animal or thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.

  • 2015, c. 2, s. 86.
Marginal note:Throwing carcasses into water

 No person shall throw or place in any body of water the carcass or any part of an animal that at the time of its death was to the person’s knowledge affected or contaminated by, or was exposed to, any disease or toxic substance, or that was destroyed because it was, or was suspected of being, affected or contaminated by a disease or toxic substance.

  • 1990, c. 21, s. 12;
  • 2015, c. 2, s. 87(F).
Marginal note:Digging up carcasses
  •  (1) No person shall, without lawful authority or excuse, dig up all or any part of the buried carcass of an animal that died or is suspected of having died as a result of being affected or contaminated by a disease or toxic substance, or that was destroyed because it was, or was suspected of being, affected or contaminated by a disease or toxic substance.

  • Marginal note:Experimentation and examination

    (2) The Minister may

    • (a) reserve for experimentation an animal required to be destroyed under this Act or the carcass of an animal destroyed under this Act; and

    • (b) authorize an inspector or officer to perform a post mortem examination of the carcass of an animal that has died or is suspected of having died from a disease or toxic substance and, if the carcass is buried, to dig it up for the purpose of the examination.

Importation

Marginal note:Regulations prohibiting importation

 The Minister may make regulations prohibiting the importation of any animal or other thing into Canada, any part of Canada or any Canadian port, either generally or from any place named in the regulations, for such period as the Minister considers necessary for the purpose of preventing a disease or toxic substance from being introduced into or spread within Canada.

Marginal note:Prohibition of possession or disposition
  •  (1) No person shall possess or dispose of an animal or thing that the person knows was imported in contravention of this Act or the regulations.

  • Marginal note:Presumption

    (2) In any prosecution for an offence under subsection (1), an accused who is found to have been in possession of an animal or thing that was imported in contravention of this Act or the regulations shall be considered, in the absence of evidence to the contrary, to have known that the thing was so imported.

Marginal note:Importation into Canada
  •  (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.

  • 1990, c. 21, s. 16;
  • 2015, c. 2, s. 88(F).
Marginal note:Forfeiture of imports

 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.

  • 1990, c. 21, s. 17;
  • 2015, c. 2, s. 89.
Marginal note:Removal or destruction of unlawful imports
  •  (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.

  • 1990, c. 21, s. 18;
  • 2015, c. 2, s. 89.
 
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