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

Regulations are current to 2016-08-15 and last amended on 2015-07-01. Previous Versions

Bovine Tuberculosis

  •  (1) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-accredited area for a period of one year if

    • (a) he or she is satisfied

      • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, affected with bovine tuberculosis during the previous year does not exceed 0.1% of the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, and

      • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

    • (b) the eradication area, or part of it, has fewer than 10,000 bovine herds and he or she is satisfied

      • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed cervidae in the eradication area, or part of it, affected with bovine tuberculosis during the previous year does not exceed ten affected herds,

      • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period, and

      • (iii) that adequate bovine tuberculosis control and eradication measures in the eradication area, or part of it, will be maintained during that period.

  • (2) The Minister shall revoke a declaration made under subsection (1) if the conditions for making the declaration are no longer met.

  • (3) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-accredited advanced area for a period of one year if

    • (a) he or she is satisfied

      • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, affected with bovine tuberculosis during each of the two previous years does not exceed 0.01% of the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, and

      • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

    • (b) the eradication area, or part of it, has fewer than 30,000 bovine herds and he or she is satisfied

      • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed cervidae in the eradication area, or part of it, affected with bovine tuberculosis during each of the two previous years does not exceed three affected herds,

      • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period, and

      • (iii) that adequate bovine tuberculosis control and eradication measures in the eradication area, or part of it, will be maintained during that period.

  • (4) The Minister shall revoke a declaration made under subsection (3) if the conditions for making the declaration are no longer met.

  • (5) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-free area for a period of one year if

    • (a) he or she is satisfied

      • (i) from tests or statistical analysis that no cases of bovine tuberculosis have occurred among the herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, during the previous five years, and

      • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

    • (b) the eradication area, or part of it, was previously declared to be a tuberculosis-free area and he or she is satisfied

      • (i) from tests or statistical analysis that no cases of bovine tuberculosis have occurred among the herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, during the previous three years, and

      • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period.

  • (6) The Minister shall revoke a declaration made under subsection (5) if two or more herds affected with bovine tuberculosis have been detected in the eradication area, or part of it, within a period of 48 months beginning at any time after the area last became a tuberculosis-free area.

  • (7) For the purposes of this section, a herd is considered to be affected by bovine tuberculosis if at least one case of bovine tuberculosis has been detected in the herd.

  • SOR/79-295, s. 8;
  • SOR/79-839, s. 19;
  • SOR/84-828, s. 2;
  • SOR/97-85, s. 53;
  • SOR/2002-444, s. 2.

 [Repealed, SOR/2002-444, s. 2]

Bovine Brucellosis

  •  (1) The Minister may declare an eradication area, or a part of one, to be a brucellosis-accredited area for a period of three years if he or she is satisfied

    • (a) from tests or statistical analysis that the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, affected with bovine brucellosis during each of the previous three years does not exceed 0.1% of the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it; and

    • (b) that a surveillance program sufficient to ensure the discovery of bovine brucellosis in the eradication area, or part of it, will be maintained during that period.

  • (2) The Minister shall revoke a declaration made under subsection (1) if the conditions for making the declaration are no longer met.

  • (3) The Minister may declare an eradication area, or a part of one, to be a brucellosis-free area for a period of three years if he or she is satisfied

    • (a) from tests or statistical analysis that no cases of bovine brucellosis have occurred among the herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, during the previous five years; and

    • (b) that a surveillance program sufficient to ensure the discovery of bovine brucellosis in the eradication area, or part of it, will be maintained during that period.

  • (4) The Minister shall revoke a declaration made under subsection (3) if two or more herds affected with bovine brucellosis have been detected in the eradication area, or part of it, within a period of 60 months beginning at any time after the area last became a brucellosis-free area.

  • (5) For the purposes of this section, a herd is considered to be affected by bovine brucellosis if at least one case of bovine brucellosis has been detected in the herd.

  • SOR/78-205, s. 2;
  • SOR/79-295, s. 9;
  • SOR/79-839, s. 20;
  • SOR/85-139, s. 1;
  • SOR/92-585, s. 2;
  • SOR/97-85, s. 54;
  • SOR/2002-444, s. 2.

Movement Permits

  •  (1) No person shall, without a permit issued by the Minister under section 160, move, or cause to be moved,

    • (a) a member of the Cervidae family from one place in Canada to another place in Canada;

    • (b) a bovine from a tuberculosis-accredited to a tuberculosis-accredited advanced area or a tuberculosis-free area;

    • (c) a bovine from a tuberculosis-accredited advanced area to a tuberculosis-free area; or

    • (d) a bovine from a brucellosis-accredited area to a brucellosis-free area.

  • (2) No person shall receive, or possess, without a permit issued by the Minister under section 160, an animal that has been moved in contravention of subsection (1).

  • (3) Every person to whom a permit mentioned in subsection (1) or (2) is issued, and every person to whose premises a member of the Cervidae family, or a bovine originating from a tuberculosis-accredited area, tuberculosis-accredited advanced area or a brucellosis-accredited area, is moved, shall keep a copy of the permit.

  • SOR/79-295, s. 10;
  • SOR/79-839, s. 22(F);
  • SOR/97-85, s. 55;
  • SOR/2002-444, s. 2.

 [Repealed, SOR/93-159, s. 9]

General

 Where, under this Part, a permit, certificate or other document is required for the removal or transportation of an animal, the person having the care or custody of the animal shall, when requested to do so by an inspector or peace officer appointed under the Act, produce the permit, certificate or other document.

  • SOR/78-205, s. 4;
  • SOR/78-597, s. 8.

 Where, in the opinion of the Minister, an animal is moved into an area or region in violation of this Part, the Minister may order that the animal be taken back without delay to the area or region from which it was moved or to an area or region of equal or lesser health status.

  • SOR/78-205, s. 4;
  • SOR/2012-286, s. 55.
 
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