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

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

Marginal note:Permits

 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.

  • 2012, c. 19, s. 508.
Marginal note:Order amended

 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).

  • 2012, c. 19, s. 508.
Marginal note:Measures

 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.

  • 2012, c. 19, s. 508.
Marginal note:Regulations

 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.

  • 2012, c. 19, s. 508.
Marginal note:Treatment or disposal
  •  (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.

  • 2012, c. 19, s. 508.
Marginal note:Statutory Instruments Act
  •  (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.

  • 1990, c. 21, s. 28;
  • 2012, c. 19, s. 508.

Administration

Facilities

Marginal note:Operation of services and facilities

 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

 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

  •  (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).

  • 1990, c. 21, s. 31;
  • 2015, c. 3, s. 102(F).

Inspectors and Officers

Marginal note:Designation
  •  (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.

  • 1990, c. 21, s. 32;
  • 1997, c. 6, s. 68;
  • 2005, c. 38, s. 117.
 
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