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

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

Disposition of Animals and Things Seized

Marginal note:Notice of reason for seizure

 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
  •  (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.

  • 1990, c. 21, s. 43;
  • 2015, c. 3, s. 104(F).
Marginal note:Interference with seized animals or things

 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.

Marginal note:Release of seized animal or thing
  •  (1) If an inspector or officer is satisfied that the provisions of this Act and the regulations that apply with respect to an animal or thing seized under this Act have been complied with, the animal or thing must be released.

  • Marginal note:Application for return

    (2) If proceedings are instituted in relation to an animal or thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held.

  • Marginal note:Order

    (3) The Tribunal or court, as the case may be, may order that the animal or thing be returned to the applicant, subject to such conditions as the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, where the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the animal or thing and that it is not, or is not suspected of being, affected or contaminated by a disease or toxic substance.

  • 1990, c. 21, s. 45;
  • 1995, c. 40, s. 57;
  • 2015, c. 2, s. 92.
Marginal note:Forfeiture
  •  (1) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of any party to the proceedings, in addition to any penalty or punishment imposed, order that any animal or thing by means of or in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty in right of Canada.

  • Marginal note:Forfeiture without conviction

    (2) Where the owner of an animal or thing seized and detained under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister may direct.

  • 1990, c. 21, s. 46;
  • 1995, c. 40, s. 58.
Marginal note:Disposal of forfeited animals and things
  •  (1) If the Tribunal or the court, as the case may be, orders the forfeiture of an animal or thing under subsection 46(1), the animal or thing shall be disposed of as the Minister may direct.

  • Marginal note:Return of seized animals and things where no forfeiture ordered

    (2) Where the Tribunal or court, as the case may be, does not order the forfeiture of an animal or thing, it or any proceeds realized from its disposition shall be returned to the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure.

  • Marginal note:Exception

    (3) Where the Tribunal decides that the owner of an animal or thing or the person having the possession, care or control of it at the time of its seizure has committed a violation, or the owner of an animal or thing or the person having the possession, care or control of it at the time of its seizure is convicted of an offence under this Act, and a penalty or fine, as the case may be, is imposed,

    • (a) the animal or thing may be detained until the penalty or fine is paid;

    • (b) the animal or thing may be sold under execution in satisfaction of the penalty or fine; or

    • (c) any proceeds realized from its disposition under paragraph (b) or section 43 may be applied in payment of the penalty or fine.

  • 1990, c. 21, s. 47;
  • 1995, c. 40, s. 59;
  • 2015, c. 2, s. 93.

Disposal and Treatment

Marginal note:Disposal of affected or contaminated animals and things
  •  (1) The Minister may dispose of an animal or thing, or require its owner or any person having the possession, care or control of it to dispose of it, where the animal or thing

    • (a) is, or is suspected of being, affected or contaminated by a disease or toxic substance;

    • (b) has been in contact with or in close proximity to another animal or thing that was, or is suspected of having been, affected or contaminated by a disease or toxic substance at the time of contact or close proximity; or

    • (c) is, or is suspected of being, a vector, the causative agent of a disease or a toxic substance.

  • Marginal note:Treatment

    (2) The Minister may treat any animal or thing described in subsection (1), or require its owner or the person having the possession, care or control of it to treat it or to have it treated, where the Minister considers that the treatment will be effective in eliminating or preventing the spread of the disease or toxic substance.

  • Marginal note:Notice

    (3) A requirement under this section 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 requirement is to be met.

  • 1990, c. 21, s. 48;
  • 2015, c. 3, s. 105(F).

Samples

Marginal note:Disposition of samples

 A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.

Limitation on Liability

Marginal note:Her Majesty not liable

 If a person must, under this Act, do anything or permit an inspector or officer to do anything, Her Majesty in right of Canada is not liable

  • (a) for any costs, loss or damage resulting from the compliance; or

  • (b) to pay any fee, including any rent or charge, for what is done or permitted to be done.

  • 1990, c. 21, s. 50;
  • 2015, c. 2, s. 94.
Marginal note:No liability

 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

  • 2015, c. 2, s. 94.

Compensation

Marginal note:Compensation to owners of animals
  •  (1) The Minister may order compensation to be paid from the Consolidated Revenue Fund to the owner of an animal that is

    • (a) destroyed under this Act or is required by an inspector or officer to be destroyed under this Act and dies after the requirement is imposed but before being destroyed;

    • (b) injured in the course of being tested, treated or identified under this Act by an inspector or officer and dies, or is required to be destroyed, as a result of the injury; or

    • (c) reserved for experimentation under paragraph 13(2)(a).

  • Marginal note:Amount of compensation

    (2) Subject to subsections (3) and (4), the amount of compensation shall be

    • (a) the market value, as determined by the Minister, that the animal would have had at the time of its evaluation by the Minister if it had not been required to be destroyed

    minus

    • (b) the value of its carcass, as determined by the Minister.

  • Marginal note:Maximum value

    (3) The value mentioned in paragraph (2)(a) shall not exceed any maximum amount established with respect to the animal by or under the regulations.

  • Marginal note:Additional compensation

    (4) In addition to the amount calculated under subsection (2), compensation may include such costs related to the disposal of the animal as are permitted by the regulations.

  • 1990, c. 21, s. 51;
  • 1997, c. 6, s. 69.
 
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