• International Centre for Human Rights and Democratic Development

  Centre international des droits de la personne et du développement démocratique

• International Centre for Human Rights and Democratic Development

  Centre international des droits de la personne et du développement démocratique

• International Centre for Human Rights and Democratic Development

  Centre international des droits de la personne et du développement démocratique

INFECTED PLACES AND CONTROL ZONES

Marginal note:Prohibition — infected place

• 25. (1) No person shall, without a licence issued by an inspector or officer, remove from or take into an infected place any animal or thing.

Marginal note:Declaration that place no longer infected

26. A place, or any part of a place, that has been constituted to be an infected place by the delivery of a declaration under section 22 or 23 ceases to be an infected place when an inspector or officer declares in writing that

• (a) the disease or toxic substance described in the declaration

  • (i) does not exist in, or will not spread from, the place or the part of the place, or

  • (ii) is not injurious to the health of persons or animals; or

• (b) the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance.

Marginal note:Primary control zone

• 27. (1) If the Minister believes that a disease or toxic substance exists in an area, he or she may, by order, declare the area to be a primary control zone, in which case the Minister shall describe the zone and identify the disease or toxic substance.

• Marginal note:Designated animal or thing

  (2) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the primary control zone is declared.

• Marginal note:Prohibition — primary control zone

  (3) No person shall remove from, move within or take into the primary control zone a designated animal or thing except in accordance with a permit issued by the Minister.

Marginal note:Secondary control zone

• 27.1 (1) If the Minister makes an order under subsection 27(1), he or she may — for the purpose of preventing the spread of the disease or toxic substance identified in the order or monitoring that disease or toxic substance — by order, declare any area that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone.

• Marginal note:Disease outside Canada

  (2) If the Minister believes that a disease or toxic substance exists in an area outside Canada, he or she may — for the purpose of preventing the spread of that disease or toxic substance into Canada or monitoring that disease or toxic substance — by order, declare any area in Canada that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone and identify that disease or toxic substance.

• Marginal note:Designated animal or thing

  (3) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the secondary control zone referred to in subsection (2) is declared.

• Marginal note:Conditions

  (4) The Minister may, by order, prohibit or impose conditions on — including requiring a permit for — removing from, moving within or taking into a secondary control zone a designated animal or thing.

• Marginal note:Compliance

  (5) Any person to whom an order made under subsection (4) applies shall comply with it.

Marginal note:Permits

27.2 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.

Marginal note:Order amended

27.3 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).

Marginal note:Measures

27.4 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.

Marginal note:Regulations

27.5 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.

Marginal note:Treatment or disposal

• 27.6 (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.

Marginal note:Statutory Instruments Act

• 28. (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.

Marginal note:Inspectors and officers may exercise Minister’s powers

• 33. (1) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise any of the powers and perform any of the duties or functions of the Minister under this Act, except the powers mentioned in subsections 27(1) and 27.1(1) and (2) and sections 27.4 and 27.5.

• Marginal note:Minister’s power — section 27.3

  (2) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise the Minister’s powers under section 27.3 only in respect of orders made under subsections 27(2) and 27.1(3) and (4).

Marginal note:Compensation for costs of treatment

53. The Minister may order compensation to be paid from the Consolidated Revenue Fund to a person for costs incurred with respect to treatment required under paragraph 27.6(1)(a) or subsection 48(2), and the amount of compensation shall be the costs reasonably incurred by the person, as determined by the Minister.