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

Regulations are current to 2020-10-21 and last amended on 2020-04-23. Previous Versions

PART XIITransport of Animals (continued)

Compromised Animals

  •  (1) Subject to subsections (2) to (6), no person shall load, confine or transport a compromised animal in or unload a compromised animal from a conveyance or container, or cause one to be so loaded, confined, transported or unloaded, unless

    • (a) it is isolated;

    • (b) it is individually loaded and unloaded without having to negotiate any ramps inside the conveyance;

    • (c) measures are taken that are necessary to prevent the animal’s suffering, injury or death during loading, confinement, transport and unloading; and

    • (d) it is transported directly to the nearest place, other than an assembly centre, where it can receive care or be humanely killed.

  • (2) Paragraphs (1)(a) and (b) do not apply to rabbits and poultry, other than ratites, that are confined in containers.

  • (3) Paragraph (1)(a) does not apply to a compromised animal that is confined and transported with one other animal with which it is familiar if to do so is unlikely to cause either animal suffering, injury or death and if they are segregated from other animals.

  • (4) Despite paragraph (1)(d), a compromised animal may be transported directly to an assembly centre where it can receive care or be humanely killed if the animal has been seized and detained under a provincial or federal Act.

  • (5) Every person who confines or transports an animal that becomes compromised during confinement or transport in a container or conveyance, other than a vessel, shall take reasonable measures as soon as possible to prevent the animal’s unnecessary suffering, injury or death and, as soon as possible,

    • (a) transport the animal directly to the nearest place where it can receive care or be humanely killed; or

    • (b) if the animal is not transported to the nearest place, humanely kill the animal in the conveyance.

  • (6) If an animal becomes compromised during confinement or transport while on board a vessel, the vessel master or a veterinarian shall, as soon as possible,

    • (a) take reasonable measures to prevent the animal’s unnecessary suffering, injury or death or cause such reasonable measures to be taken by a person on board the vessel who is trained to provide care to the animals and provide care to the animal or cause care to be provided to the animal by a person on board the vessel who is trained to provide care to the animals; or

    • (b) if reasonable measures are not taken and care is not provided, cause the animal to be humanely killed by a person on board the vessel who is trained to use humane killing devices.

  • SOR/82-590, s. 11
  • SOR/97-85, s. 78
  • SOR/2019-38, s. 2
  •  (1) A veterinary inspector or an inspector acting under the advice of a veterinary inspector may, if they have reasonable grounds to believe that a compromised animal is being or has been loaded, confined, transported or unloaded in contravention of section 140, make an order directing the person who is in contravention of that section to take measures in order to prevent unnecessary suffering, injury or death of the animal.

  • (2) The order may include

    • (a) a requirement that the animal be humanely killed;

    • (b) a requirement that the animal be transported as soon as possible directly to a place where the animal can receive care or be humanely killed;

    • (c) the place to which the animal is to be transported; and

    • (d) any condition to be met when loading, confining, transporting or unloading the animal.

  • (3) Every person who receives an order made under this section shall comply with the order.

  • SOR/2019-38, s. 2

Livestock, Camelids or Cervids of Eight Days of Age or Less

  •  (1) No person shall load, confine or transport livestock, camelids or cervids of eight days of age or less in or unload such an animal from a conveyance or container or cause one to be so loaded, confined, transported or unloaded, unless

    • (a) the animal is loaded and unloaded individually without having to negotiate any ramps within the conveyance;

    • (b) sufficient space is provided to allow the animal to lie down without lying on top of another animal;

    • (c) measures are taken that are necessary to prevent the animal’s suffering, injury or death during loading, confinement, transport and unloading;

    • (d) the animal is segregated from animals that are not livestock, camelids or cervids of eight days of age or less;

    • (e) the expected period of time between the beginning of the animal’s loading and the end of the animal’s unloading is not longer than 12 hours;

    • (f) stops during transport are made only to load other livestock, camelids or cervids of eight days of age or less; and

    • (g) the animal is transported to a final destination that is other than an assembly centre.

  • (2) No person shall reload an animal referred to in subsection (1) after it has been unloaded at its final destination.

  • (3) Paragraph (1)(d) does not apply to livestock, camelids or cervids of eight days of age or less who are loaded, confined or transported in or unloaded from a conveyance or container with their dam if to do so is unlikely to cause either animal suffering, injury or death.

  • SOR/80-428, s. 12
  • SOR/2019-38, s. 2

Lactating Animals

 No person shall load, confine or transport a lactating animal, or cause one to be so loaded, confined or transported, in a conveyance or container without its suckling offspring unless the animal is milked at intervals that are sufficient to prevent mammary engorgement.

  • SOR/95-475, s. 4
  • SOR/97-85, s. 79
  • SOR/2019-38, s. 2

Young Ruminants

  •  (1) No person shall load, confine or transport ruminants that are too young to be fed exclusively on hay and grain in, or unload such animals from, a conveyance or container, or cause one to be so loaded, confined, transported or unloaded, unless the expected period of time between the beginning of the animal’s loading and the end of the animal’s unloading is not longer than 12 hours.

  • (2) No person shall reload an animal referred to in subsection (1) after it has been unloaded at its final destination.

  • SOR/97-85, s. 80
  • SOR/2019-38, s. 2

Animal Handling

  •  (1) No person shall, during the loading, confinement, transporting or unloading of an animal in or from a conveyance or container,

    • (a) beat, strike, whip or kick the animal;

    • (b) use a prod, whip or any other driving device on the animal in a manner that is likely to cause the animal’s suffering, injury or death;

    • (c) use a prod, whip or any other driving device on an animal to make it move if it does not have a clear path to move;

    • (d) apply an electric prod or a device that has a similar effect to an animal unless the animal is a bovine or porcine of at least three months of age and the prod or device is not applied to sensitive areas of the animal including the belly and the anal, genital and facial regions of the animal;

    • (e) drag the animal;

    • (f) lift the animal by its fleece, fur, feathers, head, neck, ears or horns or by one wing;

    • (g) handle or lift the animal by its tail; or

    • (h) handle the animal in any other way that is likely to cause the animal’s suffering, injury or death.

  • (2) No person shall, when an animal is in a container,

    • (a) drop, kick or throw the container; or

    • (b) handle the container in any other manner that is likely to cause the animal’s suffering, injury or death.

  • SOR/97-85, s. 81
  • SOR/2019-38, s. 2
  •  (1) A person who is loading or unloading an animal in or from a conveyance or container shall use a fixed or movable ramp, gangway, chute, step or apparatus unless the animal is not likely to suffer, sustain an injury or die by stepping directly from or onto the ground or other surface.

  • (2) No person shall load or unload an animal in or from a conveyance or container, or cause one to be so loaded or unloaded, using a fixed or movable ramp, gangway, chute, step or apparatus unless it is used in a manner that is not likely to cause the animal’s suffering, injury or death and the following conditions with respect to the ramps, gangways, chutes, steps or apparatuses are met:

    • (a) they can bear the weight to which they are subjected without collapsing, twisting, breaking or bending;

    • (b) there are side rails of sufficient strength and height to prevent the animal from falling off;

    • (c) they have a surface that is designed, constructed and maintained to prevent the animal from tripping, slipping and falling; and

    • (d) they are placed so that there is no unprotected gap through which the animal could trip, slip, fall or escape.

  • (3) Side rails are not required if the animal is loaded and unloaded individually in a manner that is not likely to cause the animal’s suffering, injury or death.

  • (4) No person shall load or unload livestock or cervids — or cause them to be loaded or unloaded — into or from a conveyance or container using ramps, gangways, chutes or apparatuses that have a slope from the horizontal that exceeds

    • (a) 20° in the case of a porcine;

    • (b) 25° in the case of a bovine;

    • (c) 30° in the case of an equine; and

    • (d) 35° in the case of a cervid, caprine or ovine.

  • SOR/2019-38, s. 2
 
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