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

Regulations are current to 2020-10-05 and last amended on 2020-04-23. Previous Versions

PART XIITransport of Animals (continued)

Application

 This Part applies to the transport of animals entering or leaving Canada or within Canada.

  • SOR/2019-38, s. 2

Knowledge and Skills

 Every person who loads, confines or transports an animal in or unloads an animal from a conveyance or container shall have the necessary knowledge and skills to conduct those activities in compliance with this Part.

  • SOR/97-85, s. 76
  • SOR/2005-181, s. 2
  • SOR/2019-38, s. 2

Training

  •  (1) Every commercial carrier shall provide training to, or ensure that training is received by, its employees and agents or mandataries who load, confine or transport an animal in or unload an animal from a conveyance or container or who take part in decision making, or advising the person operating the conveyance, in respect of the loading, confining, transporting or unloading of an animal so that they have the necessary knowledge and skills to conduct those activities in compliance with this Part.

  • (2) The training shall cover subjects that include the following in respect of the species of animals that are to be loaded, confined, transported and unloaded:

    • (a) animal behaviour;

    • (b) an assessment of an animal’s capacity to withstand loading, confinement, transport and unloading;

    • (c) animal handling, restraint and space requirements and methods for the loading, confinement, transport and unloading of animals;

    • (d) a contingency plan;

    • (e) effective monitoring of animals during loading, confinement, transport and unloading; and

    • (f) the risk factors set out in subsection 138.3(1).

  • SOR/2019-38, s. 2

Contingency Plans

  •  (1) Every commercial carrier and any other person who transports animals in the course of business or for financial benefit shall have a contingency plan that establishes measures that are to be taken in order to comply with the requirements of this Part if

    • (a) there are any unforeseen delays or circumstances that could result in the animal’s unnecessary suffering, injury or death; or

    • (b) the animal becomes compromised or unfit during loading, confinement, transport or unloading.

  • (2) Any person who is required to have a contingency plan under subsection (1) shall inform their employees and agents or mandataries who load, confine, transport or unload animals or who take part in decision making, or advising the person operating the conveyance, in respect of the loading, confining, transporting or unloading of animals of the contingency plan.

  • SOR/2019-38, s. 2

Assessment and Monitoring of Risk Factors Related to Transport

  •  (1) Every person who loads, confines or transports an animal in or unloads an animal from a conveyance or container, or causes one to be so loaded, confined, transported or unloaded, shall, before loading, confining, transporting or unloading the animal, assess the animal’s capacity to withstand the loading, confinement, transporting and unloading by taking into account any risk factors that could reasonably be viewed as having an impact on the animal’s capacity to withstand the loading, confining, transporting and unloading, including

    • (a) the current condition of the animal;

    • (b) any pre-existing infirmity, illness, injury or condition of the animal;

    • (c) the space requirements for the animal;

    • (d) the compatibility of the animal with any other animal;

    • (e) animal handling and restraint methods;

    • (f) the expected time that the animal will be without feed, safe water and rest;

    • (g) the expected duration of the transport and confinement of the animal in the conveyance or container;

    • (h) the foreseeable delays during transport and at the destination;

    • (i) the foreseeable weather conditions during transport;

    • (j) the foreseeable conditions that may be encountered during transport that could result in sharp inclines and declines, vibration and shifting of the container or swaying of the conveyance; and

    • (k) the type and condition of the conveyance, container and equipment.

  • (2) Every person who confines or transports an animal in a conveyance or container shall monitor the animal in a manner and frequency that is appropriate to assess the animal’s capacity to withstand the confinement and transport, taking into account the risk factors set out in subsection (1).

  • SOR/2019-38, s. 2

Unfit Animals

  •  (1) Subject to subsections (2) to (5), no person shall load, confine or transport an animal that is unfit, or cause one to be loaded, confined or transported, in a conveyance or container.

  • (2) An unfit animal may be loaded and confined in a conveyance or container and be directly transported to and unloaded at a place, other than a slaughter establishment or assembly centre, where it can receive veterinary care if

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

    • (b) it is isolated during confinement and transport;

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

    • (d) a veterinarian recommends that the animal be transported to receive veterinary care.

  • (3) An unfit animal may be loaded and confined in a conveyance or container and be directly transported to and unloaded at an assembly centre where it can receive veterinary care if the unfit animal is seized and detained under a provincial or federal Act and the requirements set out in paragraphs (2)(a) to (d) are met.

  • (4) Every person who confines or transports an animal that becomes unfit 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.

  • (5) If an animal becomes unfit 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/97-85, s. 77
  • SOR/2019-38, s. 2
  •  (1) Subject to subsection (2), no person shall unload an unfit animal, or cause an unfit animal to be unloaded, from a conveyance or container for the purpose of humanely killing the animal unless

    • (a) in the case of an unfit animal that is non-ambulatory,

      • (i) the animal is rendered unconscious before it is unloaded, or

      • (ii) the animal is humanely killed before it is unloaded; and

    • (b) in the case of an unfit animal that is ambulatory,

      • (i) the animal is unloaded individually in a manner that is not likely to cause unnecessary suffering, injury or death,

      • (ii) the animal is rendered unconscious before it is unloaded, or

      • (iii) the animal is humanely killed before it is unloaded.

  • (2) In the case of an unfit animal that is non-ambulatory and in a container, the animal may be manually removed from the container before it is rendered unconscious or humanely killed if to do so would not likely cause the animal to unnecessarily suffer, sustain an injury or die.

  • 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 an unfit animal is being or has been loaded, confined, transported or unloaded in contravention of section 139 or 139.1, make an order directing the person who is in contravention of either of those sections 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;

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

    • (e) the manner in which and the time when the animal is to be humanely killed.

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

  • SOR/2019-38, s. 2
 
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