Health of Animals Regulations (C.R.C., c. 296)

107 Where a commodity that is

• (a) raw wool, hair or bristles,

• (b) untanned hides and skins,

• (c) animal glands and organs, or

• (d) gluestock,

has been imported into Canada from any country other than the United States, it shall be cleaned, disinfected or treated at the establishment approved by the Minister for that purpose and to which it was transported.

108 Every place or thing required to be cleaned and disinfected pursuant to sections 104 to 106 shall be cleaned and disinfected

• (a) where applicable, by removing all animal matter, manure, litter and refuse therefrom; and

• (b) by applying a disinfectant under the supervision or to the satisfaction of an inspector.

• 109 (1) A veterinary inspector may order the person conducting a public sale, auction or market of livestock to clean and disinfect the place where such sale, auction or market is conducted, under the supervision or to the satisfaction of an inspector within a time specified by the veterinary inspector.

• (2) If the place where a public sale, auction or market of livestock is held is not thoroughly cleaned and disinfected in accordance with the notice of a veterinary inspector, no sale, auction or market of livestock shall be held in such place without the consent of the Minister.

Samples of Milk and Cream from Dairies, etc.

110 Every sample of milk or cream supplied by the operator of a cheese factory, creamery or dairy on the request of the Minister pursuant to section 6 of the Act shall

• (a) be refrigerated to a temperature not below 4°C (40°F) and not above 7°C (45°F); and

• (b) contain potassium dichromate or other preservative of a strength and quantity that will preserve the sample but not affect the test results.

Meat, Meat By-products or Carcasses in Feeding Livestock or Poultry

111 [Repealed, SOR/2008-20, s. 1]

112 No person shall feed meat, meat by-products or food that is suspected to contain meat or meat by-products to swine or poultry, or permit swine or poultry to have access to the meat or by-products.

113 Section 112 does not apply to any feed approved or registered under the Feeds Act.

113.1 Subject to Part XIV, no person shall feed the carcass of an animal or part of one to livestock or poultry unless

• (a) the carcass or part of it has been rendered in a rendering plant in respect of which a permit has been issued in accordance with Part XIV; or

• (b) [Repealed, SOR/2008-20, s. 2]

• (c) it is processed in a manner which would prevent the introduction into Canada of any reportable disease or any other serious epizootic disease.

Disposal of Diseased Carcasses

114 A veterinary inspector may order a person who owns or has the possession, care or control of an animal that has died of, or is suspected of having died of, a communicable disease or that is destroyed under section 27.6, 37 or 48 of the Act to dispose of the carcass in any manner that the veterinary inspector specifies.

Animal Semen Production Centre

• 115 (1) No person shall operate an animal semen production centre or collect or process semen from a ruminant or porcine except under and in accordance with a permit issued by the Minister under section 160.

• (2) Subsection (1) does not apply to a person who collects animal semen that is used only for evaluating the quality of the semen and that is not used in or exposed to any live animal.

116 Every person who operates an animal semen production centre shall immediately segregate any animal that has been exposed to a communicable disease from all other animals in the centre that have not been exposed to the disease, or remove the exposed animal from the centre.

• 117 (1) No person shall collect in an animal semen production centre or store in or distribute from such a centre or from an animal semen distribution centre, any animal semen that is affected with or has been exposed to a communicable disease that is capable of being transmitted in semen.

• (2) Where animal semen that is affected with or has been exposed to a communicable disease that is capable of being transmitted in semen has been collected in an animal semen production centre or has been stored in such a centre or in an animal semen distribution centre, the person operating the centre shall immediately destroy the semen under the supervision of an inspector.

118 Where an inspector finds that animal semen stored in an animal semen production centre or animal semen distribution centre or other place is contaminated by bacteria, a virus or any other micro-organism capable of introducing disease in animals, he may cause all or any semen of the animal from which the contaminated semen was collected to be destroyed or order the person having the possession, care or custody of the animal semen to destroy any or all of it.

• 119 (1) Every person who operates an animal semen production centre shall keep and make available for inspection by an inspector a record showing

  • (a) the date each animal entered the centre;

  • (b) the name and address of the owner of each animal or of the person from whom the animal was acquired;

  • (c) the premises from which each animal entered the centre;

  • (d) all tests performed on each animal, the date and results of each test and the person who performed the tests;

  • (e) each date semen was collected from each animal, the quantity collected and the disposition of the semen;

  • (f) the identity of the semen that is stored in the centre; and

  • (g) the date each animal was removed from the centre, the reason for the removal and the disposition of each animal.

• (2) Every person who collects, stores, distributes or sells animal semen shall keep and make available for inspection by an inspector

  • (a) a record of the dates and quantities of semen imported, exported, sold, distributed, used or otherwise disposed of; and

  • (b) a record of all semen stored by him identified as to the animals from which it was collected.

• (3) Every record required to be kept pursuant to this section shall be in a form approved by the Minister and shall be maintained for a minimum period of seven years.

PART XIVeterinary Biologics

120 In this Part,

manufacture

manufacture does not include the sole process of labelling; (fabriquer)

veterinary biologic

veterinary biologic does not include an antibiotic except when it is used as a preservative or when it is an integral part of the veterinary biologic. (produit biologique vétérinaire)

Permits to Release Veterinary Biologics

120.1 In sections 120.2 to 120.6,

confinement procedure

confinement procedure means any physical, chemical, operational or biological control, or any combination thereof, intended to restrict the exit or dispersal from confinement of a veterinary biologic that contains an organism or a part or product of an organism; (méthode de confinement)

containment

containment means containment in accordance with the Laboratory Biosafety Guidelines established by the Department of National Health and Welfare and the Medical Research Council of Canada and published in 1990, as amended from time to time; (confinement)

environment

environment means the components of the Earth and includes

• (a) air, land and water,

• (b) all layers of the atmosphere,

• (c) all organic and inorganic matter and living organisms, and

• (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)

live genetically modified veterinary biologic

live genetically modified veterinary biologic means a live veterinary biologic that contains or is made from an organism and is produced by recombinant DNA technology; (produit biologique vétérinaire vivant et génétiquement modifié)

release

release means any discharge or emission of a veterinary biologic into the environment. (dissémination)

• 120.2 (1) In this section, organism includes a part or product of an organism.

• (2) Sections 120.3 to 120.6 do not apply in respect of

  • (a) a veterinary biologic

    • (i) in respect of which a product licence has been issued, or

    • (ii) that contains only organisms that are

      • (A) the same as organisms contained in a veterinary biologic referred to in subparagraph (i), or

      • (B) of a species that is substantially equivalent to a species of organisms contained in a veterinary biologic referred to in subparagraph (i), in terms of pathogenicity, host specificity, potential impact on non-target organisms, on biodiversity and on biogeochemical cycles, mode of action, persistence and dispersal in the environment and gene flow; and

  • (b) the release of a veterinary biologic, that contains organisms, under containment or in accordance with confinement procedures in a manner that prevents the dissemination of any genetic material from the veterinary biologic into the environment.

• 120.3 (1) Subject to subsection (2), no person shall release a veterinary biologic unless the person

  • (a) submits an application for a permit for the proposed release to the Minister, accompanied by sufficient information, including the information referred to in section 120.4, to enable the Minister to determine whether the proposed release is

    • (i) unlikely to result in the introduction into Canada or the spread within Canada of any vector, disease or toxic substance, and

    • (ii) unlikely to pose a risk of harm to the environment or to human or animal health; and

  • (b) is issued a permit for the proposed release under section 160.

• (2) Where the accompanying information that is required to be provided to the Minister pursuant to paragraph (1)(a) in respect of the proposed release of a veterinary biologic is the same as information that has already been provided to the Minister before the coming into force of sections 120.1 and 120.2, this section and sections 120.4 to 120.6, or that is provided on or after the coming into force of sections 120.1 and 120.2, this section and sections 120.4 to 120.6 in relation to an application for another permit, the information is not required to be provided again.

Information Requirements

• 120.4 (1) The accompanying information that is required to be provided by a person to the Minister pursuant to paragraph 120.3(1)(a) includes the following:

  • (a) the name of the person or body responsible for the proposed release and the name of the person who will be in charge of carrying out the release;

  • (b) in the case of a live genetically modified veterinary biologic

    • (i) a description of the donor organism and the methods of incorporation of the genes from the donor organism into the host, and

    • (ii) a description of the live genetically modified veterinary biologic, including details relating to expression of the new gene and the stability of the incorporation of the new gene, and a comparison of the characteristics of the live genetically modified organism with those of the unmodified organism;

  • (c) the protocol followed in preparing the veterinary biologic and any diluent to be used with it;

  • (d) the procedures to be followed in handling, storing, administering, testing, releasing and disposing of the veterinary biologic and any diluent to be used with it;

  • (e) the tests used to establish the purity, safety, potency and efficacy of the veterinary biologic and the purity and safety of any diluent used with it, and the results of all the tests;

  • (f) the proposed starting date, time period and site of the release;

  • (g) the proposed measures to mitigate any risk of harm to the environment or to human or animal health; and

  • (h) any other information in respect of the veterinary biologic that is relevant to identifying any risk of harm to the environment or to human or animal health.

• (2) The information required by paragraph (1)(h) or any part of that information may be omitted if the Minister determines, on the basis of a written scientific rationale provided by the person referred to in subsection (1), that the information or part is not relevant or cannot practicably be obtained and is not required for the issuance of a permit under section 120.5, and notifies the person of that determination.