Health of Animals Regulations

198 (1) The Minister may declare an eradication area, or a part of one, to be an infected area with respect to any of the diseases of aquatic animals listed in the schedule to the Reportable Diseases Regulations if the disease has been identified in the eradication area, or part of it, and may designate the aquatic animals susceptible to that disease, unless

• (a) the infected animals and any things that have been exposed to the disease have been treated or disposed of in a manner that satisfies a veterinary inspector that the disease has been eliminated from the eradication area or part of it, and the result of an epidemiological examination satisfies the veterinary inspector in charge of the examination that the disease has been eradicated from the eradication area or part of it; or

• (b) the animals, things or disease are located in a containment facility.

(2) The Minister may declare an eradication area, or a part of one, to be a free area with respect to any of the diseases of aquatic animals listed in the schedule to the Reportable Diseases Regulations if he or she is satisfied that

• (a) the eradication area, or part of it, is free of that disease, based on one or more of the following factors:

  • (i) the amount of time since the disease was last identified in the area or part of it,

  • (ii) the examination of all suspected outbreaks and the decision by the veterinary inspector that the disease is not present,

  • (iii) the actions taken to eradicate the disease, if it was identified, and the success of those actions, based on the factors set out in paragraphs (1)(a) and (b),

  • (iv) the disease detection activities are sufficient to detect the presence of the disease,

  • (v) the measures taken to prevent the introduction of the disease into the eradication area, or part of it, and the ability to enforce those measures,

  • (vi) the physical barriers to the spread of the disease,

  • (vii) any other scientific information relevant to the disease, and

  • (viii) the separation of the free area, or part of it, from any infected area by a buffer area; and

• (b) disease detection activities sufficient to detect the presence of the disease are maintained while the declaration is in effect.

(3) The Minister may declare an eradication area, or a part of one, to be a buffer area for any of the diseases listed in the schedule to the Reportable Diseases Regulations if he or she is satisfied that even though the disease has not been detected within the eradication area, or part of it, that area or part of it is at risk of becoming infected, because of its epidemiological relationship to an infected area.

(4) The Minister may declare an eradication area, or a part of one, to be a provisionally free area for any of the diseases listed in the schedule to the Reportable Diseases Regulations if the eradication area or part of it is not an infected area, free area or buffer area.

(5) Any declaration under this section shall include a description of the eradication area, or part of it, the name of the disease on which the declaration is based and the list of the species of aquatic animals and carcasses or parts of carcasses of those aquatic animals that are susceptible to that disease.