Health of Animals Regulations

Health of Animals Regulations ( H-3.3 -- C.R.C., c. 296 )
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Source: http://laws.justice.gc.ca/en/H-3.3/C.R.C.-c.296/text.html
Updated to August 31, 2004

C.R.C., c. 296

HEALTH OF ANIMALS ACT

Health of Animals Regulations

REGULATIONS RESPECTING THE HEALTH OF ANIMALS

[SOR/91-525, s. 1]

SHORT TITLE

1. These Regulations may be cited as the Health of Animals Regulations. SOR/91-525, s. 2.

INTERPRETATION

2. In these Regulations,

"accredited veterinarian" means a veterinarian who is authorized to perform certain duties or functions under an agreement made under section 34 of the Act; (vétérinaire accrédité)

"Act" means the Health of Animals Act; (Loi)

"advertisement" includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of a veterinary biologic; (publicité)

"Agency" means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

"air carrier" means the owner or operator of an aircraft engaged in the transportation of animals by air; (transporteur aérien)

"animal by-product" means an animal by-product that originated from a bird or from any mammal except a member of the orders Rodentia, Cetacea, Pinnipedia and Sirenia; (sous-produit animal)

"animal embryo" [Repealed, SOR/2001-210, s. 1]

"animal embryo transfer centre" [Repealed, SOR/97-85, s. 1]

"animal food" means food containing an animal product or animal by-product for chickens, turkeys, ducks, geese, ratites, game birds, ruminants, swine or horses but does not include such things as fish meal or vitamin or mineral supplements which do not contain animal products or by-products; (aliments pour animaux)

"animal glands and organs" includes ox gall or bile, rennet and similar substances derived from domestic animals; (glandes et organes d'animaux)

"animal pathogen" includes any animal pathogen derived through biotechnology; (agent zoopathogène)

"animal product" means an animal product that originated from a bird or from any mammal except a member of the orders Rodentia, Cetacea, Pinnipedia and Sirenia; (produit animal)

"animal semen distribution centre" means an establishment or vehicle from which animal semen is distributed; (centre de distribution de sperme animal)

"animal semen production centre" means an establishment where semen from ruminants or swine is collected or processed; (centre de production de sperme animal)

"antibiotic" [Repealed, SOR/2002-438, s. 6]

"approved disinfection establishment" means any factory, plant or other place approved by the Minister for the cleaning, disinfection or treatment of any animal by-product or any other thing; (établissement de désinfection approuvé)

"approved laboratory" means an establishment or vehicle approved by the Minister for carrying out examinations or tests of animals; (laboratoire approuvé)

"assigned name" means, with reference to a veterinary biologic, the name, in English or French, specified in a permit to import a veterinary biologic or in a product licence; (nom assigné)

"association" [Repealed, SOR/97-85, s. 1]

"bee product" includes bee pollen, bee propolis, royal jelly, beeswax and honey; (produit d'abeille)

"biotechnology" means the application of science and engineering to the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms; (biotechnologie)

"bird of the parrot family" means parrot, Amazon, Mexican double head, African grey, cockatoo, macaw, love-bird, lorie, lorikeet, and any other member of the species psittacidae; (psittacidés)

"blood meal" means dried blood of an animal; (farine de sang)

"bone meal" means ground animal bones, hoofs or horns which may include pieces of hide, flesh or sinew; (farine d'os)

"bovine" means cattle or bison domestically raised or kept, but for the purposes of the import reference document does not include a bison that has ever been in contact with or part of a wild herd; (bovin)

"brucellosis-accredited area" means an eradication area, or a part of one, that is declared to be a brucellosis-accredited area under subsection 75(1); (zone accréditée pour la brucellose)

"brucellosis-free area" means an eradication area, or a part of one, that is declared to be a brucellosis-free area under subsection 75(3); (zone exempte de brucellose)

"brucellosis free listed herd" [Repealed, SOR/97-85, s. 1]

"brucellosis free region" [Repealed, SOR/93-159, s. 1]

"brucellosis low incidence region" [Repealed, SOR/93-159, s. 1]

"brucellosis region" [Repealed, SOR/93-159, s. 1]

"calf" [Repealed, SOR/2001-210, s. 1]

"carrier" means air carrier, sea carrier, motor carrier or railway company; (transporteur)

"cattle" means animals of the species Bos taurus or Bos indicus; (boeuf)

"certified brucellosis-free herd" [Repealed, SOR/78-205, s. 1]

"chick" means, in relation to any species, a bird up to 72 hours of age that has not been fed or watered; (poussin)

"communicable disease" means an infectious or contagious disease; (maladie transmissible)

"country of origin" means

(a) with respect to an animal, the country from which the animal was imported into Canada, where the animal has lived for no less than 60 days in that country in association with other animals of its own species and, in any other case, means the country in which the animal was born,

(b) with respect to an animal embryo, animal product or animal by-product, the country in which the animal embryo, animal product or animal by-product was taken from an animal, or

(c) with respect to an animal product or animal by-product other than non-fertilized ova, semen and meat as defined in the Meat Inspection Regulations, 1990, the country into which the animal product or animal by-product was previously imported for unrestricted use or in which it has undergone processing that would prevent the introduction of any reportable disease or any other serious epizootic disease to which the species that produced the animal product or animal by-product is susceptible and which can be transmitted by the product or by-product in Canada and that results in unrestricted use in that country; (pays d'origine)

"disease" means, for the purposes of Parts III and IV, any reportable disease or other serious epizootic disease to which an animal or germplasm is susceptible and which can be transmitted by the animal or germplasm; (maladie)

"domestic cat" means the animal felis domesticus; (chat domestique)

"domestic dog" means the animal canis domesticus; (chien domestique)

"egg product" means any of the following, namely, whole egg, egg shells, egg yolk, egg albumen or any mix of these, in a liquid, dried, frozen or fresh form; (produit d'oeuf)

"equine" means a horse, ass, mule or zebra; (équidés)

"eradication area" [Repealed, SOR/79-295, s. 1]

"establishment licence" means a licence issued by the Minister in respect of an establishment; (permis d'établissement)

"expiration date" means a date designating the end of the period during which a veterinary biologic, when properly stored and handled, may be expected to be effective; (date de péremption)

"flock of origin" or "herd of origin" means the flock or herd of which an animal was a member, where the animal was a member of that flock or herd for not less than 60 days immediately preceding its importation into Canada and in any other case means the flock or herd in which it was born; (troupeau de provenance)

"fowl plague" means highly pathogenic avian influenza; (peste aviaire)

"game bird" means a wild bird kept in captivity and includes pheasants, partridges, quail, grouse, guinea fowl and pea fowl, but does not include doves, pigeons, ducks, geese, birds of the parrot family or songbirds; (gibier à plumes)

"gluestock" means the hair, bones, hoofs, horns, fleshings, hide cuttings or parings of an animal or any other part of an animal that may be used in the manufacture of glue; (carnasse)

"hatching eggs" means the fertilized eggs of poultry; (oeufs d'incubation)

"Health of Animals Branch" [Repealed, SOR/82-590, s. 1]

"herd" [Repealed, SOR/91-525, s. 3]

"herd" or "flock", in respect of ruminants, means all ruminants

(a) that are owned by, or are in the possession or under the care or control of, any person and are kept

(i) on one or more parts of any single premises, or

(ii) on two or more premises that are geographically separate, where the ruminants have been interchanged or have had contact, or

(b) that are kept on a community pasture, grazing association unit or other common premises where the ruminants of more than one owner are kept, and includes any ruminants owned by the owners of those ruminants that are kept on any other premises and that are under the care or control of any of those owners; (troupeau)

"herd of negative status" [Repealed, SOR/97-85, s. 1]

"inspect" includes test; (inspecter)

"inspection" means an inspection carried out by an inspector, except where a customs officer carries out an inspection pursuant to section 16 of the Act; (inspection)

"inspection port" means a place listed in Schedule II where facilities exist to inspect animals; (poste d'inspection)

"inspector" [Repealed, SOR/97-85, s. 1]

"label" includes any legend, word or mark attached to, included in, belonging to or accompanying any veterinary biologic or package; (étiquette)

"licensed establishment" means a place consisting of one or more rooms or buildings for which an establishment licence has been issued by the Minister; (établissement agréé)

"livestock" means animals of the bovine, caprine, equine, ovine and porcine species; (animaux de ferme)

"livestock dealer" [Repealed, SOR/97-85, s. 1]

"manufacture" includes prepare; (fabriquer)

"manure" includes guano, feces with or without urine and anything containing feces from any bird, ruminant or porcine; (fumier)

"meat meal" or "tankage" means the rendered and dried carcass or part of the carcass of an animal; (farine de viande or résidus de graisse)

"milk" means the lacteal secretion obtained from the mammary gland of any ruminant, in concentrated, dried, frozen, reconstituted or fresh form; (lait)

"milk product" means any of the following, namely, partly-skimmed milk, skim milk, cream, butter, buttermilk, butter oil, whey, whey butter or whey cream, in concentrated, dried, frozen or reconstituted or fresh form, but does not include milk proteins, milk sugars and milk enzymes; (produit du lait)

"Minister" means the Minister of Agriculture and Agri-Food; (ministre)

"motor carrier" means the owner or operator of a motor vehicle engaged in the transportation of animals by motor vehicle; (transporteur routier)

"non-designated region" [Repealed, SOR/85-545, s. 1]

"official vaccinate" [Repealed, SOR/2001-210, s. 1]

"official veterinarian" of a country means, for the purposes of all Parts except Part II, a veterinarian employed by the government of that country; (vétérinaire officiel)

"package" includes anything in which any veterinary biologic is wholly or partly contained, placed or packed; (emballage)

"part of a country" [Repealed, SOR/2001-210, s. 1]

"poultry" means domestic fowl and pigeons and includes any bird that is in captivity; (volaille)

"product licence" means a licence issued by the Minister to manufacture the veterinary biologic described in the licence; (permis de fabrication)

"product outline" means a detailed description of

(a) the process followed in preparing a veterinary biologic and any diluent to be used therewith,

(b) the methods and procedures to be employed in handling, storing, administering and testing a veterinary biologic and any diluent to be used therewith, and

(c) the tests used to establish the purity, safety, potency and efficacy of a veterinary biologic, and the purity and safety of any diluent to be used therewith, and the results of all such tests; (données générales sur le produit)

"purebred" [Repealed, SOR/97-85, s. 1]

"quarantine port" means a place listed in Schedule I where facilities exist to quarantine animals; (poste de quarantaine)

"railway company" means a railway company engaged in the transportation of livestock by rail; (compagnie de chemin de fer)

"raw wool, hair or bristles" means wool, hair or bristles taken from an animal but does not include wool tops, wool waste, wool noils, wool laps, small trade samples of wool, lime pulled wool and hair, scoured wool and hair and carbonized wool and hair; (laine, poils et soies bruts)

"registered processed egg station" has the same meaning as in the Processed Egg Regulations; (poste enregistré d'oeufs transformés)

"ruminant" means an animal of the suborder Ruminatiae and includes an animal of the family Camelidae; (ruminant)

"sea carrier" means the owner or operator of a vessel engaged in the transportation of animals by water; (transporteur maritime)

"serious epizootic disease" means a disease which the Minister considers to pose a serious economic threat to Canada's agricultural economy or to human health; (épizootie grave)

"song bird" means canary, finch, oriole, cardinal and any other songster; (oiseau chanteur)

"tag" means an ear tag stamped with the letters "H of A" and includes any device used for the identification of an animal pursuant to the Act and these Regulations; (bague)

"test" includes

(a) the collection of body tissue or fluid from an animal, and

(b) the injection of an animal for the purpose of determining that animal's freedom from or infection with disease; (épreuve)

"tuberculosis-accredited advanced area" means an eradication area, or a part of one, that is declared to be a tuberculosis-accredited advanced area under subsection 74(3); (zone accréditée supérieure pour la tuberculose)

"tuberculosis-accredited area" means an eradication area, or a part of one, that is declared to be a tuberculosis-accredited area under subsection 74(1); (zone accréditée pour la tuberculose)

"tuberculosis-accredited herd" [Repealed, SOR/97-85, s. 1]

"tuberculosis-free area" means an eradication area, or a part of one, that is declared to be a tuberculosis-free area under subsection 74(5); (zone exempte de tuberculose)

"United States" means the states of the United States that are on the mainland of the North American continent and the state of Hawaii; (États-Unis)

"untanned hide or skin" means the outer covering of ruminants, ratites, equines and porcines that is raw and has not been chemically processed into a permanent and durable form of leather; (peau ou cuir non tannés)

"veterinarian" means a person duly qualified to practice veterinary medicine under the laws of the place where he practises; (vétérinaire)

"veterinary biologic" includes any veterinary biologic derived through biotechnology. (produit vétérinaire biologique) SOR/78-69, s. 1; SOR/78-205, s. 1; SOR/78-597, s. 1; SOR/79-295, s. 1; SOR/79-839, s. 1; SOR/80-516, s. 1; SOR/82-590, s. 1; SOR/82-777, s. 1; SOR/84-139, s. 1(F); SOR/84-828, s. 1; SOR/85-545, s. 1; SOR/86-543, s. 1; SOR/91-525, s. 3; SOR/92-585, s. 2; SOR/93-159, s. 1; SOR/94-491, s. 1; SOR/95-54, ss. 1, 6(F); SOR/95-473, s. 1; SOR/95-475, s. 4; SOR/97-85, s. 1; SOR/97-292, s. 27; SOR/97-478, s. 1; SOR/98-409, s. 1; SOR/2001-210, s. 1; SOR/2002-438, s. 6; SOR/2002-444, s. 1; SOR/2004-80, s. 14.

"Veterinary Inspection, Operations" [Repealed, SOR/97-85, s. 1]

"veterinary inspector" [Repealed, SOR/97-85, s. 1]

PART I
SEGREGATION AND INSPECTION OF ANIMALS

[SOR/79-839, s. 2]

Segregation and Confinement

3. (1) Where an animal

(a) is affected or suspected of being affected with a communicable disease,

(b) has been in contact with an animal so affected or suspected of being so affected,

(d) is imported or tendered for import into Canada,

an inspector may order the person having the possession, care or custody of the animal to keep separate the animal in a place and manner suitable for inspection and testing within the period of time specified by the inspector.

(2) Every person who receives an order referred to in subsection (1) shall comply with the order. SOR/78-69, s. 2(F); SOR/79-839, s. 3.

3.1 [Repealed, SOR/79-839, s. 3]

Inspection

4. An inspector may inspect any animal in Canada that

(a) is affected or suspected of being affected with a communicable disease;

(b) has been in contact with an animal so affected or suspected of being so affected;

(d) is imported or tendered for import into Canada. SOR/78-69, s. 4(F); SOR/79-839, s. 4.

5. (1) Where an animal is affected or suspected of being affected with a communicable disease or has been in contact with an animal so affected or suspected of being so affected, a veterinary inspector may order the person having the possession, care or custody of the animal,

(a) to quarantine, keep separate or treat the animal,

(b) to destroy the animal, or

in such a manner, at such a place or places, under such conditions and within such period of time as are necessary to prevent the spread of the communicable disease, which manner, place or places, conditions and time shall be specified in the order.

(2) Every person who receives an order referred to in subsection (1) shall comply with the order.

(3) Where an order referred to in subsection (1) requiring an animal to be destroyed or destroyed and disposed of is not complied with within the time specified therein, a veterinary inspector may have the animal

(a) removed to and destroyed at an establishment registered under the Meat Inspection Act; or

(b) destroyed at a time and place determined by him, and have its carcass disposed of as determined by him. SOR/79-839, s. 4; SOR/81-348, s. 1.

6. Where an inspector finds or suspects that

(a) a thing is a disease agent,

(b) an animal or thing is affected by or contaminated with a communicable disease, or

(c) any record or document required by or under the Act and these Regulations to prevent the spread of any disease within Canada, or to any other country from Canada, by an animal or thing is not produced for inspection by an inspector,

the inspector may order the person who owns or has possession, care or control of the animal or thing, to quarantine the animal or thing, and the provisions of section 91.4 apply. SOR/97-85, s. 2.

PART I.1
SPECIFIED RISK MATERIAL

6.1 In this Part, "specified risk material" means

(a) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older; and

(b) the distal ileum of cattle of all ages. SOR/2003-264, s. 1.

6.2 Every person who slaughters, cuts up or debones cattle for human consumption as food shall ensure that the specified risk material has been removed from the cattle. SOR/2003-264, s. 1.

6.3 No person shall use or export for human consumption as food specified risk material in any form, whether or not incorporated into another thing, where the specified risk material was removed from cattle slaughtered in Canada. SOR/2003-264, s. 1.

PART II
IMPORTATION

General

Powers of Inspectors

7. (1) For the purpose of preventing the introduction of disease and of controlling the importation of animals and things into Canada, the Minister may, based on such criteria as the prevalence of disease in a country or part of a country, the time since the last outbreak of the disease, the surveillance programs in effect, the measures taken to prevent the introduction or spread of the disease, natural barriers to the movement of the disease and the zoosanitary infrastructure, designate in writing, countries or parts of countries which the Minister considers to be free from the diseases specified in the designation.

(2) The Minister may amend or repeal the designation.

(3) For the purpose of these Regulations, the Minister may describe, in writing, a part of a country. SOR/79-839, s. 5; SOR/97-85, s. 3.

8. (1) The Minister may accept a certificate or any other document referred to in this Part or in Parts III to VIII that is transmitted in electronic form, including by facsimile.

(2) Every person who imports anything in respect of which a certificate or other document has been transmitted in electronic form to the Minister shall, upon the Minister's request, provide the Minister with an original signed copy of the certificate or document. SOR/78-69, s. 6; SOR/79-839, s. 6; SOR/97-85, s. 3; SOR/98-409, s. 2; SOR/2001-210, s. 2.

9. Where an inspector finds or suspects that

(a) a thing is a disease agent,

(b) an animal or thing imported into Canada is affected by or contaminated with a communicable disease, or

(c) any information or documentation required by or under the Act and these Regulations to prevent the introduction of any disease into Canada by an animal or thing is not presented to an inspector,

the inspector may order the person who owns or has possession, care or control of the animal or thing to quarantine the animal or thing, and the provisions of section 91.4 apply. SOR/78-69, s. 6; SOR/97-85, s. 3.

Importation of Germplasm and Animals

Definitions

10. The definitions in this section apply in this section and in sections 11 to 16.

"area" means a country or, if so identified in the import reference document, a part of a country or a number of contiguous countries or contiguous parts of countries. (région)

"area of origin" means

(a) with respect to a regulated animal, the area in which the animal was born or the area where the animal has lived without restrictions relating to disease, such as restrictions for isolation or quarantine, for the sixty-day period immediately before the date of entry; and

(b) with respect to germplasm, the area in which the germplasm was taken from a regulated animal or into which it was previously imported for unrestricted use. (région d'origine)

"embryo" means a fertilized ovum, other than a hatching egg, before it is implanted into an animal. (embryon)

"equivalent risk area" means, in respect of a species of regulated animal, an area identified as an equivalent risk area for that species in the import reference document. (région à risque équivalent)

"germplasm" means semen, male or female germ cells or genetic material taken from a male or female germ cell for the purpose of producing a zygote and includes embryos but does not include a hatching egg. (matériel génétique)

"import reference document" means the document prepared by the Agency and entitled Import Reference Document, bearing the date June 20, 2003 and policy number AHPD-DSAE-IE-2002-3-1A and available on the Agency's web site or by requesting a copy from the Agency. (document de référence)

"low risk area" means, in respect of a species of regulated animal, an area identified as a low risk area for that species in the import reference document. (région à faible risque)

"official veterinarian" means a veterinarian who is

(a) employed by the authority responsible for implementing and supervising or auditing the carrying out of veterinary services in a country, the issuance of certificates respecting the health and origin of animals in that country and the performance of inspections of regulated animals for the purpose of protecting animal and public health in that country; or

(b) authorized by that authority to issue those certificates and perform those inspections, if the systems for providing veterinary services, issuing authorizations and performing inspections in that country are equivalent to the corresponding systems in Canada in terms of their effectiveness in protecting animal and public health. (vétérinaire officiel)

"regulated animal" means a hatching egg, turtle, tortoise, bird, honeybee or mammal, but does not include germplasm or members of the orders Rodentia, Cetacea, Pinnipedia and Sirenia. (animal réglementé)

"species" means, in respect of germplasm, the species of the animal that it is from. (espèce)

"undesignated area" means, in respect of a species of regulated animal, an area identified as an undesignated area for that species in the import reference document. (région non désignée) SOR/78-69, s. 7; SOR/97-85, s. 4; SOR/2001-210, s. 3; SOR/2003-264, s. 2; SOR/2004-80, s. 15.

Germplasm

11. (1) Subject to subsection (2), no person shall import germplasm of any regulated animal except

(a) in accordance with a permit issued by the Minister under section 160; or

(b) in accordance with all applicable provisions of the import reference document.

(2) Canine semen is exempt from the requirements of these Regulations. SOR/2001-210, s. 3.

Regulated Animals

12. (1) Subject to section 51, no person shall import a regulated animal except

(a) in accordance with a permit issued by the Minister under section 160; or

(b) in accordance with subsections (2) to (6) and all applicable provisions of the import reference document.

(2) A regulated animal may be imported without a permit from an area that is an equivalent risk area for an animal of that species if it is accompanied by a certificate of an official veterinarian from that area that

(a) clearly identifies the animal and its area of origin; and

(b) verifies that a veterinarian inspected the animal within five days before it was exported to Canada and found it to be clinically healthy and fit to travel without undue suffering.

(3) A regulated animal may be imported without a permit from an area that is a low risk area for an animal of that species if the person importing the animal meets any applicable post-entry conditions set out in the import reference document and the animal is accompanied by a certificate of an official veterinarian from that area that

(a) clearly identifies the animal and its area of origin; and

(b) shows that the animal conforms with all applicable conditions, other than post-entry conditions, that are set out in the import reference document.

(4) A regulated animal may be imported without a permit from an area that is an undesignated area for an animal of that species if there are provisions in the import reference document that relate to the importation of that species and those provisions are complied with.

(5) A regulated animal that is imported for slaughter or for confinement in a restricted premises, such as a zoo or laboratory facility, may be imported without a permit if all applicable provisions of the import reference document are complied with and the following conditions are met:

(a) the animal is to be transported directly from its port of entry to its destination in accordance with a licence that has been issued by the Minister under section 160;

(b) the animal is being transported by means of a conveyance that has had all exits by which the animal could leave the conveyance sealed by an official of the government of the country from which it is imported; and

(6) A regulated animal, other than a porcine, may be imported without a permit if it is transported directly between Rainy River, Ontario and Sprague, Manitoba via the state of Minnesota by means of a conveyance that has had all exits by which the animal could leave the conveyance sealed by an official of the government of Canada or of the United States. SOR/2001-210, s. 3.

13. No person shall import a regulated animal if a certificate required by this Part, or required under an import permit required by this Part, contains any false or misleading information. SOR/78-69, s. 8; SOR/79-839, s. 7; SOR/83-900, s. 1; SOR/85-689, s. 1; SOR/97-85, s. 5; SOR/2001-210, s. 3.

14. (1) No person shall import a regulated animal that has, on or after the day described in subsection (2), been in contact with another animal, or with a thing used in respect of another animal, if that other animal poses a greater risk for the transmission or spreading of a disease than does the regulated animal.

(2) The day referred to in subsection (1) is the earliest of the days on which begins any period of isolation, any testing or the performance of any other procedure required in respect of the importation by the import reference document or by a permit issued under section 160. SOR/83-900, s. 2; SOR/85-689, s. 2(F); SOR/97-85, s. 6; SOR/2001-210, s. 3.

15. No person shall import a regulated animal unless it is clearly identified at the time of importation. SOR/2001-210, s. 3.

16. Every person who imports a regulated animal shall keep records that clearly indicate its original source and the date and place of importation. SOR/2001-210, s. 3.

17. to 33.1 [Repealed, SOR/2001-210, s. 3]

PART III
IMPORTATION OF ANIMAL PRODUCTS

Dairy Products and Certain Eggs

34. (1) No person shall import milk or milk products into Canada from a country other than the United States or from a part of such a country, unless

(a) the country or part of the country is designated as free of foot and mouth disease pursuant to section 7; and

(b) the person produces a certificate of origin signed by an official of the government of the country of origin that shows that the country of origin or part of such a country is the designated country or part thereof referred to in paragraph (a).

(2) Subject to subsection (3), no person shall import unfertilized bird eggs or egg products into Canada from a country other than the United States or from a part of such a country, unless

(a) the country of origin or part of such a country is designated as free of avian pneumoencephalitis (Newcastle disease) and fowl plague pursuant to section 7;

(3) Paragraph (2)(a) does not apply to eggs imported into Canada if they are transported under seal of an inspector direct from the place of entry to a registered processed egg station approved by the Minister. SOR/78-69, s. 21; SOR/92-650, s. 1; SOR/97-85, s. 28.

34.1 (1) Notwithstanding subsections 34(1) and (2), a person may import an animal product referred to therein if the person produces a document that shows the details of the treatment of the animal product and the inspector is satisfied, based on the source of the document, the information contained in the document and any other relevant information available to the inspector and, where necessary, on an inspection of the animal product, that the importation of the animal product into Canada would not, or would not be likely to, result in the introduction into Canada, or the spread within Canada, of a vector, disease or toxic substance.

(2) Notwithstanding subsections 34(1) and (2), a person may import a dairy product or an egg from a country other than the United States under and in accordance with a permit issued by the Minister under section 160. SOR/92-650, s. 2; SOR/95-475, s. 4(F); SOR/2000-184, s. 65.

(3) [Repealed, SOR/2000-184, s. 65]

35. to 39. [Repealed, SOR/2001-210, s. 4]

39.1 [Repealed, SOR/93-159, s. 4]

PART IV
IMPORTATION OF ANIMAL BY-PRODUCTS, ANIMAL PATHOGENS AND OTHER THINGS

Importation Prohibited

40. No person shall import into Canada an animal by-product, manure or a thing containing an animal by-product or manure except in accordance with this Part. SOR/79-839, s. 15; SOR/80-428, s. 4; SOR/92-708, s. 1; SOR/97-85, s. 34.

41. (1) A person may import into Canada from the United States an animal by-product, manure or a thing containing an animal by-product or manure, other than a thing described in section 45, 46, 47.1, 49, 50, 51, 51.2 or 53, if Revenue Canada, Customs determines that the country of origin is the United States.

(2) A person may import into Canada from a country or a part of a country that is not the United States an animal by-product, manure or a thing containing an animal by-product or manure, other than a thing described in section 45, 46, 47, 47.1, 49, 50, 51, 51.2 or 53, if

(a) the country of origin or part of such a country is designated as free of any reportable disease or any other serious epizootic disease to which the species that produced the thing is susceptible and which can be transmitted by the thing; and

(b) the person produces a certificate signed by an official of the government of the country of origin that shows that the country of origin or part of such a country is the designated country or part thereof referred to in paragraph (a). SOR/78-69, s. 23(F); SOR/80-428, s. 4; SOR/82-590, s. 2; SOR/97-85, s. 34.

41.1 (1) Notwithstanding section 41, a person may import into Canada an animal by-product or a thing containing an animal by-product, other than a thing described in section 45, 46, 47, 47.1, 49, 50, 51, 51.2 or 53, if

(a) an inspector is satisfied on reasonable grounds that the animal by-product is processed in a manner which would prevent the introduction into Canada of any reportable disease or any other serious epizootic disease to which the species that produced the animal by-product is susceptible and which can be transmitted by the animal by-product, provided that the animal by-product or the thing containing the animal by-product is not intended for use as animal food or as an ingredient in animal food;

(b) [Repealed, SOR/97-362, s. 1]

(2) No person shall, in respect of any animal by-product or thing containing an animal by-product that has been imported in accordance with subsection (1), use or cause it to be used as animal food or as an ingredient in animal food. SOR/97-85, s. 34; SOR/97-362, s. 1.

Raw Wool, Hair or Bristles, Hide or Skin

42. A person may import into Canada raw wool, hair or bristles or an untanned hide or skin from a country or a part of a country not referred to in section 41 if

(a) the article is transported under seal of an inspector directly from the place of entry to an approved disinfection establishment for disinfection in accordance with these Regulations; or

(b) in the case of an untanned hide or skin, an inspector is satisfied that the article

(i) is a hard dried hide or skin of an animal,

(ii) has been pickled in a solution of salt containing mineral acid and was packed in a leakproof container while still wet with such solution; or

(iii) is the hide or skin of an animal and has been treated with lime so as to become de-haired. SOR/97-85, s. 34; SOR/97-478, s. 10(E).

Animal Glands and Organs

42.1 (1) A person may import raw animal glands and animal organs into Canada from a country or a part of a country not referred to in section 41 if the glands and organs are transported under seal of an inspector directly from the place of entry to an establishment approved by the Minister for the purposes of processing in accordance with subsection (2).

(2) An establishment referred to in subsection (1) shall process the raw glands and organs in a manner that would prevent the introduction of any reportable disease or any other serious epizootic disease to which the species that produced the glands and organs is susceptible and which can be transmitted by the glands and organs.

(3) A person who imports raw animal glands or animal organs into Canada shall not transport them or cause them to be transported to any place other than an establishment referred to in subsection (1) until after they have been processed in accordance with subsection (2). SOR/97-85, s. 34.

Boneless Beef

43. A person may import into Canada cooked, boneless beef from a country or a part of a country not referred to in section 41 if

(a) it was processed in a place and in a manner approved by the Minister;

(b) it is accompanied by a meat inspection certificate of an official veterinarian of the exporting country in a form approved by the Minister; and

44. [Repealed, SOR/97-85, s. 35]

Gluestock

45. (1) No person shall import gluestock into Canada unless

(a) the conditions referred to in section 41 are met; and

(b) the person importing it transports it directly from the place of entry to an establishment approved by the Minister for purposes of processing the gluestock in accordance with subsection (2).

(2) An establishment referred to in paragraph (1)(b) shall process the gluestock in a manner that would prevent the introduction of any reportable disease or any other serious epizootic disease to which the species that produced the gluestock is susceptible and which could be transmitted by the gluestock in Canada.

(3) A person who imports gluestock into Canada shall not transport it or cause it to be transported to any place other than the establishment referred to in subsection (1) until it has been processed in accordance with subsection (2). SOR/97-85, s. 36.

Bone Meal, Animal Manure, Tankage, Feather Meal, Garbage and Ship's Refuse

46. (1) No person shall import meat and bone meal, bone meal, blood meal, tankage (meat meal), feather meal, any other product of a rendering plant or manure into Canada unless

(a) the person meets the conditions set out in sections 166 to 171;

(b) the product originated

(i) in the United States as determined by Revenue Canada, Customs, or

(ii) in a country other than the United States and

(A) the country of origin, or the part of that country from which the product originated, is designated as free from any reportable disease or other serious epizootic disease to which the species that produced the product is susceptible and that can be transmitted by the product, and

(B) the person produces a certificate signed by an official of the government of the country of origin that shows that the country of origin, or the part of that country from which the product originated, is the designated country or part referred to in clause (A); and

(c) an inspector is satisfied that it is processed in a manner that would prevent the introduction of any reportable disease or other serious epizootic disease to which the species that produced the product is susceptible and that can be transmitted by the product in Canada.

(2) Subsection (1) does not apply to manure found on a vehicle that is entering Canada from the United States and that has been used to transport animals, other than swine, where the manure was produced by those animals. SOR/78-69, s. 25; SOR/80-428, s. 5; SOR/92-708, s. 2; SOR/97-85, s. 36; SOR/97-362, s. 2.

47. Subject to section 47.1, no person shall import into Canada garbage or refuse that contains or is suspected of containing an animal product or an animal by-product from any country other than the United States. SOR/78-69, s. 26; SOR/78-597, s. 5; SOR/79-295, s. 6; SOR/80-428, s. 6; SOR/81-348, s. 4; SOR/82-590, s. 3; SOR/88-409, s. 1; SOR/92-708, s. 3.

47.1 (1) In this section,

"aircraft garbage" means garbage that contains or is suspected to contain an animal product or an animal by-product and that originated in food that was taken on board an aircraft and was served or intended to be served for consumption on the aircraft by the passengers or crew of the aircraft en route to Canada; (déchets d'aéronef)

"animal manure" means manure that is produced by animals on board a ship or aircraft while en route to or after arrival in Canada; (fumier)

"ship's refuse" means refuse that contains or is suspected to contain an animal product or an animal by-product and that originated in food that was taken on board a vessel and was served or intended to be served for consumption on the vessel by the passengers or crew of the vessel en route to Canada; (rebuts de navire)

(2) Subject to subsections (6) and (7), no person shall discharge in Canada ship's refuse or animal manure from a country other than the United States unless the ship's refuse or animal manure is discharged in a closed leakproof container at the first port of entry or, where necessary, at another place approved by the Minister, under the supervision of or to the satisfaction of an inspector in such a manner that the discharge would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance and is without delay

(a) incinerated;

(b) heated throughout to a temperature of at least 100⁰C for a period of not less than 30 minutes and disposed of in a sanitary landfill site approved by the Minister, under the supervision of or to the satisfaction of an inspector in such a manner that the disposition would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance; or

(c) moved to a sanitary landfill site approved by the Minister and buried with a covering of not less than 1.8 meters under the supervision of or to the satisfaction of an inspector in such a manner that the burial would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

(3) Subject to subsections (6) and (7), no person shall, without meeting the requirements of subsection (2), discharge in Canada ship's refuse from the United States that contains or is suspected of containing an animal product or an animal by-product that

(a) did not originate in the United States or Canada; or

(b) is not eligible for importation into the United States or Canada, other than as ship's refuse.

(4) Subject to subsections (3), (6) and (7), no person shall discharge in Canada aircraft garbage from any country or ship's refuse from the United States, unless the aircraft garbage or ship's refuse is

(a) treated and disposed of in accordance with the requirements of subsection (2); or

(b) without delay moved, under the supervision of or to the satisfaction of an inspector in such a manner that the movement would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance, and disposed of in a sanitary landfill site approved by the Minister.

(5) Subject to subsections (6) and (7), no person shall discharge ship's refuse or animal manure referred to in subsection (2), ship's refuse referred to in subsection (3) or aircraft garbage or ship's refuse referred to in subsection (4), from an aircraft or vessel, as the case may be, at a place where it cannot be treated and disposed of in accordance with this section.

(6) Aircraft garbage, ship's refuse and animal manure may be discharged at a place where that garbage, refuse or manure cannot be treated and disposed of in accordance with this section if it is

(a) forthwith transported to, and treated and disposed of in accordance with this section at, another place approved by the Minister; and

(b) handled, transported and kept under the supervision of or to the satisfaction of an inspector in such a manner that the handling, transportation or keeping would only pose a negligible risk of the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

(7) The Minister may permit aircraft garbage, ship's refuse and animal manure to be discharged by a person at a place where it is temporarily impossible to treat and dispose of that garbage, refuse or manure in accordance with this section, if

(a) the Minister is satisfied, based on the circumstances, that it will subsequently be treated and disposed of in accordance with this section; and

(b) it is stored in the interim at that place in such a manner and for such period of time as an inspector may specify in order to prevent the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

(8) Every person who transports aircraft garbage, ship's refuse or animal manure under subsection (6) or stores aircraft garbage, ship's refuse or animal manure under subsection (7) shall comply with any requirements of an inspector under those provisions in respect of that transportation or storage, as the case may be.

(9) [Repealed, SOR/97-85, s. 37]

(10) The owner or person in charge of a vessel or aircraft referred to in this section shall ensure that the requirements of this section are complied with. SOR/90-349, s. 1; SOR/92-708, s. 3; SOR/97-85, s. 37; SOR/97-151, s. 28; SOR/2000-184, s. 66.

Ships' Stores

48. A person may import into Canada meat or meat by-products from a country or a part of a country not referred to in section 41 if the meat or meat by-product is kept on a ship as ships' stores. SOR/78-69, s. 27(F); SOR/97-85, s. 38.

Carcasses of Game Animals

49. (1) No person shall import the carcass of a game animal unless

(a) the condition referred to in subsection 41(1) is met; and

(b) the person importing the carcass holds a permit for that game animal issued pursuant to the applicable legislation of the United States or a state thereof.

(2) The number of carcasses that a person may import into Canada shall be the number established by the applicable legislation referred to in paragraph (1)(b). SOR/78-69, s. 28(F); SOR/97-85, s. 38.

General

50. No person shall import into Canada

(a) matted or blood-stained wool, hair or bristles; or

(b) any animal by-product or manure that was taken or removed from an animal affected with anthrax, foot-and-mouth disease, rinderpest or Bovine Spongiform Encephalopathy or any reportable disease or any other serious epizootic disease to which the species that produced the animal by-product or manure is susceptible and which can be transmitted by the animal by-product. SOR/97-85, s. 39.

Animal Pathogens, Animals or Other Organisms, Animal Blood and Animal Serum

51. Subject to section 51.2, no person shall, except under and in accordance with a permit issued by the Minister under section 160, import into Canada any

(a) animal pathogen;

(b) animal, animal product, animal by-product or other organism carrying an animal pathogen or part of one; or

(i) from a bird or a mammal, except a member of the orders Rodentia, Cetacea, Pinnipedia and Sirenia, and

(ii) that are to be used in animals. SOR/95-54, s. 2; SOR/97-85, s. 40; SOR/97-478, s. 11; SOR/2004-80, s. 16(E).

51.1 Where any animal pathogen, animal or other organism, animal blood or animal serum referred to in section 51 is imported into Canada under a permit, no person shall

(a) move the imported pathogen, animal or other organism, blood or serum from the place or places specified in the permit to any other place, except under and in accordance with that permit or another permit issued for that purpose by the Minister under section 160; or

(b) introduce into an animal the imported pathogen, animal or other organism, blood or serum, except under and in accordance with that permit or another permit issued for that purpose by the Minister under section 160. SOR/95-54, s. 2.

51.2 (1) A person may import into Canada animal blood or animal serum, other than a veterinary biologic, if it does not contain an animal pathogen or part of one and

(a) the country of origin is determined by Revenue Canada, Customs, to be the United States; or

(b) the country of origin or part of it is designated as free from any reportable disease or any other serious epizootic disease to which the species that produced the blood or serum is susceptible and that can be transmitted by the blood or serum, and the person who imports the blood or serum produces a certificate signed by an official of the government of the country of origin that shows that the country of origin or part of it is the designated country or part.

(2) No person shall in any manner expose to or use in a live animal, animal blood or animal serum imported in accordance with subsection (1). SOR/97-85, s. 41; SOR/97-478, s. 12.

Importation Permitted

52. (1) Notwithstanding anything in this Part, a person may import an animal by-product if the person produces a document that shows the details of the treatment of the animal by-product and the inspector is satisfied, based on the source of the document, the information contained in the document and any other relevant information available to the inspector and, where necessary, on an inspection of the animal by-product, that the importation of the animal by-product into Canada would not, or would not be likely to, result in the introduction into Canada, or the spread within Canada, of a vector, disease or toxic substance.

(2) Notwithstanding anything in this Part, a person may import an animal by-product under and in accordance with a permit issued by the Minister under section 160. SOR/92-650, s. 3; SOR/95-475, s. 4(F); SOR/97-85, s. 42; SOR/2000-184, s. 67.

(3) [Repealed, SOR/2000-184, s. 67]

Animal Food

53. No person shall import into Canada any animal food that contains an animal product or animal by-product, or an animal product or animal by-product that is to be used as animal food or as an ingredient in animal food, unless

(a) either

(i) the country of origin is determined by Revenue Canada, Customs, to be the United States, or

(ii) the country of origin or part of it is designated as free from any reportable disease or any other serious epizootic disease to which the species that produced the animal product or animal by-product is susceptible and that can be transmitted by the product or by-product, and the person who imports the animal food produces a certificate signed by an official of the government of the country of origin that shows that the country of origin or part of it is the designated country or part; and

(b) the product originated

(i) in the United States as determined by Revenue Canada, Customs, or

(ii) in a country other than the United States and

(c) in the case of animal food carried on board a vessel, the master of the vessel certifies that no ruminants or swine were taken on board the vessel, except animals that meet the requirements of an import permit issued under these Regulations. SOR/78-69, s. 29; SOR/97-85, s. 43; SOR/97-362, s. 3; SOR/97-478, s. 13; SOR/2002-438, s. 7(F).

PART V
IMPORTATION OF FODDER

54. No person shall import into Canada from any country other than the United States any fodder to be used to feed ruminants, swine or horses except grains, cereals and seeds. SOR/97-85, s. 43.

PART VI
IMPORTATION OF PACKING MATERIAL, BEEHIVES AND BEESWAX

Packing Material

55. (1) No person shall import into Canada hay, straw or grasses in which merchandise, goods or articles are packed unless

(a) the shipment is accompanied by a certificate of an official veterinarian of the exporting country showing that the hay, straw or grasses were disinfected in a manner approved by the Minister; or

(b) where no such certificate accompanies the shipment, the hay, straw or grasses are forthwith

(i) disinfected under the supervision of an inspector at a fumigation station approved by the Minister, or

(ii) incinerated.

(2) Notwithstanding subsection (1), hay, straw or grasses in which merchandise, goods or articles are packed may be imported into Canada from a country of origin or part of such a country designated by the Minister as free of foot-and-mouth disease pursuant to section 7. SOR/97-85, s. 44.

56. [Repealed, SOR/97-85, s. 45]

Beehives and Beeswax

57. No person shall import into Canada

(a) used beehives or used beehive equipment; or

(b) bee products for bee feeding unless

(i) they are accompanied by a certificate stating that they have been treated in a manner approved by the Minister to prevent the introduction or spread of any disease, or

(ii) they are transported under seal of an inspector direct from the point of importation to an establishment approved by the Minister for treatment. SOR/97-85, s. 46.

PART VII
QUARANTINE OF IMPORTED ANIMALS

Quarantine Ports and Inspection Ports

58. (1) Except as otherwise provided in these Regulations, every animal imported into Canada may be admitted only at a quarantine port, an inspection port or other place approved by the Minister.

(2) Every animal imported into Canada by air from any country other than the United States may be admitted only at Gander, Halifax, Montreal, Toronto, Winnipeg, Calgary, Edmonton, Vancouver or other place approved by the Minister.

(3) Except as otherwise provided in these Regulations, every animal imported into Canada is subject to inspection, testing and treatment at a quarantine port, an inspection port or other place approved by the Minister for inspection purposes.

59. The Minister may, for the purpose of preventing the introduction of communicable disease into Canada or into any other country from Canada, require any animal imported into Canada to be quarantined, and the provisions of section 91.4 apply. SOR/97-85, s. 47.

60. An animal required to be quarantined pursuant to these Regulations shall be quarantined at a quarantine port or other place approved by the Minister for quarantine purposes.

61. No person shall remove from a quarantine port, inspection port or other place approved by the Minister pursuant to section 60 an animal subject to quarantine pursuant to section 59 until the animal has been quarantined by an inspector. SOR/97-85, s. 48.

62. The Minister may order the owner or the person having the possession, care or control of an animal imported by or under these Regulations to remove the animal from Canada or to destroy the animal if the animal fails to prove negative to any test for a disease required by or under these Regulations. SOR/97-85, s. 48.

63. to 65. [Repealed, SOR/97-85, s. 48]

66. and 67. [Repealed, SOR/98-584, s. 3]

68. [Repealed, SOR/97-85, s. 49]

PART VIII
EXPORTATION OF ANIMALS AND ANIMAL PRODUCTS

General

69. (1) Subject to this Part, no person shall export out of Canada livestock, poultry, animal embryos or animal semen unless

(a) the person has obtained a certificate of a veterinary inspector or a certificate of an accredited veterinarian endorsed by a veterinary inspector issued before shipment that clearly identifies the livestock, poultry, animal embryos or animal semen and shows

(i) that a veterinary inspector or an accredited veterinarian has inspected the livestock, poultry, animal embryos or animal semen and found it to be free from any communicable diseases,

(ii) the date and place of inspection, and

(iii) where tests have been performed, the nature of each test and that the livestock, poultry, animal embryos or animal semen proved negative to such tests; and

(b) the importation requirements of the country to which the livestock, poultry, animal embryos or animal semen are exported have been complied with.

(1.1) Paragraph (1)(a) does not apply in respect of swine or ruminants exported to the United States for immediate slaughter.

(2) No person shall export animal semen out of Canada unless the semen, from the time it was collected, was stored in an animal semen production centre or other place approved by the Minister.

(3) No person shall export livestock, poultry, animal embryos or animal semen unless the certificate referred to in subsection (1) bears the mark of the official export stamp referred to in subsection (4).

(4) The official export stamp required by this section shall contain the words "Government of Canada -- CANADIAN FOOD INSPECTION AGENCY -- Gouvernement du Canada -- AGENCE CANADIENNE D'INSPECTION DES ALIMENTS" and it shall be applied on a certificate only by a veterinary inspector or a person authorized by one.

(5) No person except a veterinary inspector or a person authorized by him shall have in his possession an official export stamp or any facsimile thereof.

(6) For the purpose of this section, "animal embryo" means a fertilized ovum of a mammal before it is implanted into a mammal.

(7) Paragraph (1)(a) and subsection (3) do not apply to a regulated animal, other than a porcine, if it is transported directly between Rainy River, Ontario and Sprague, Manitoba via the state of Minnesota by means of a conveyance that has had all exits by which the animal could leave the conveyance sealed by an official of the government of Canada or of the United States. SOR/79-839, s. 16; SOR/83-899, s. 3; SOR/85-689, s. 5; SOR/94-491, s. 2; SOR/97-85, s. 50; SOR/97-292, s. 28; SOR/97-478, s. 14(F); SOR/2000-184, s. 68; SOR/2001-210, s. 5.

70. [Repealed, SOR/98-409, s. 9]

Rest Period

71. (1) Subject to subsection (2), no person shall export any animal out of Canada to any country other than the United States unless he has obtained the consent of an inspector if the animal has not been at the place of embarkation for at least 12 hours.

(2) Subsection (1) does not apply to the export of animals out of Canada from an airport.

72. [Repealed, SOR/97-85, s. 51]

72.1 [Repealed, SOR/93-159, s. 7]

PART IX
ERADICATION OF DISEASES

Eradication Areas

73. Each province is established as an eradication area wherein

(a) any ruminant, equine or porcine animal may be inspected, segregated and tested for tuberculosis or brucellosis; and

(b) area and herd disease eradication programs are instituted for the eradication of tuberculosis and brucellosis in ruminants. SOR/79-295, s. 7; SOR/79-839, s. 18; SOR/97-85, s. 52.

73.1 Every owner or person in charge of animals in an eradication area shall, when requested to do so by a veterinary inspector or an accredited veterinarian endorsed by a veterinary inspector, permit tests for communicable disease to be conducted on the animals. SOR/79-839, s. 18.

Bovine Tuberculosis

74. (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

(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.

74.1 [Repealed, SOR/2002-444, s. 2]

Bovine Brucellosis

75. (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

76. (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;

(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.

77. to 78.25 [Repealed, SOR/93-159, s. 9]

General

78.26 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.

78.27 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 forthwith taken back 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.

Pullorum Disease and Fowl Typhoid

79. In this section and sections 79.1 to 79.2,

"approved hatchery supply flock" means a flock of chickens or turkeys that is

(a) a primary breeding flock or a flock descended from a primary breeding flock, and

(b) designated as an approved hatchery supply flock in accordance with any regulations in force in the province in which the flock is located; (troupeau approuvé fournisseur de couvoirs)

"approved laboratory" means an establishment or a vehicle approved by the Minister for use in carrying out examinations of poultry, poultry products or poultry by-products; (laboratoire approuvé)

"chicken" means any bird of the species Gallus gallus; (poulet)

"eradication area" means a pullorum disease and fowl typhoid eradication area established under section 79.1; (zone d'éradication)

"fluff" means the chick down and dust produced in a hatcher during the hatching process; (duvet)

"game bird" [Repealed, SOR/97-85, s. 56]

"hatcher" means any equipment in which eggs hatch; (éclosoir)

"hatchery" [Repealed, SOR/2000-184, s. 69]

"health monitored hatchery" means a hatchery in respect of which a permit has been issued by the Minister

(a) pursuant to these Regulations, or

(b) pursuant to the Hatchery Regulations; (couvoir contrôlé)

"identification tag" means a tag on which letters or numbers are inscribed for the purpose of identifying a chicken, turkey or game bird; (étiquette d'identification)

"primary breeding flock" means a flock of chickens or turkeys comprising one or more generations of chickens or turkeys that is maintained for the purpose of establishing, continuing or improving parent lines; (troupeau primaire de reproduction)

"Regional Veterinary Director" [Repealed, SOR/2000-184, s. 69]

"registered hatchery" [Repealed, SOR/83-901, s. 1]

"show" means a competition or an exhibition in which chickens, turkeys or game birds are judged according to their class, breed or variety characteristics as set out in the American Standard of Perfection published by the American Poultry Association Inc.; (foire)

"show flock" means a flock of chickens, turkeys or game birds from which birds of the flock are occasionally or regularly exhibited in shows; (troupeau de foire)

"turkey" means any bird of the species Meleagris gallopavo. (dindon) SOR/78-69, s. 30; SOR/79-839, s. 24; SOR/82-670, s. 2; SOR/83-900, s. 5; SOR/83-901, s. 1; SOR/85-689, s. 6(E); SOR/97-85, s. 56; SOR/2000-184, s. 69.

79.1 Vancouver Island, the remainder of British Columbia and each province are established as eradication areas wherein poultry, poultry products and poultry by-products may be inspected segregated and tested for pullorum disease and fowl typhoid and wherein eradication programs are instituted for pullorum disease and fowl typhoid. SOR/82-670, s. 2; SOR/98-415, s. 1.

79.11 Every owner or person in charge of poultry in an eradication area shall, when requested to do so by a veterinary inspector, permit tests for communicable diseases to be conducted on the poultry, their products or by-products. SOR/82-670, s. 2.

79.12 (1) The Minister may declare an eradication area to be free of pullorum disease or fowl typhoid if bacteriological tests or epidemiological studies conducted in the area during the previous three years have not identified pullorum disease or fowl typhoid in any approved hatchery supply flock in the area.

(2) The Minister may revoke a declaration made under subsection (1) if he is satisfied that

(a) any person in the eradication area has contravened or failed to comply with section 79.11, 79.13, 79.14, 79.15, 79.16, 79.17, 79.18, 79.19 or 79.2; or

(b) pullorum disease or fowl typhoid infection has been identified in and has spread from a flock of chickens, turkeys or game birds in the eradication area to any other flock of chickens, turkeys or game birds and has not been eradicated within one year of the date that the infection was identified. SOR/82-670, s. 2.

79.13 No person shall transport or permit to be transported day old chicks or hatching eggs into an eradication area that has been declared by the Minister to be free of pullorum disease or fowl typhoid from an eradication area that has not been so declared unless the chicks or eggs are accompanied by a certificate, signed by an inspector or an individual appointed for that purpose by the province from which the chicks or eggs originate, indicating that the flock of origin has been sampled and tested serologically in accordance with subsection 79.17(1) during the previous 15 months and the tests have proven negative for pullorum disease and fowl typhoid. SOR/82-670, s. 2.

79.14 (1) Subject to subsection (3), no owner or person in charge of a chicken, turkey or game bird shall exhibit the chicken, turkey or game bird in a show unless it is

(a) identified by an identification tag; and

(b) accompanied by a certificate, signed by an inspector or an individual appointed for that purpose by the province from which the bird originates, indicating

(i) that serological tests have been conducted within the 12 months preceding the show on all birds in the flock of origin that were four weeks of age and older at the time the tests were conducted,

(ii) that the serological tests have proven negative for pullorum disease and fowl typhoid,

(iii) that the chicken, turkey or game bird was included in the flock of origin at the time the serological tests were conducted or was a natural increase to the flock of origin since that time,

(iv) the date on which the serological tests were conducted, and

(v) the details of the identification tag.

(2) Subject to subsection (3), no person in charge of a show shall permit to be shown or exhibited at the show a chicken, turkey or game bird that does not have an identification tag or is not accompanied by a certificate described in subsection (1).

(3) Subsections (1) and (2) do not apply in respect of a chicken, turkey or game bird that is hatched in a province where serological tests have been conducted since July 1, 1982 on all birds of the age referred to in subparagraph (1)(b)(i) of each show flock in that province and such tests have proven negative for pullorum disease and fowl typhoid. SOR/82-670, s. 2.

79.15 No person shall keep a chicken, turkey or game bird on the same premises as an approved hatchery supply flock unless the chicken, turkey or game bird has been tested serologically and found free of Salmonella pullorum and Salmonella gallinarum or has come directly from a health monitored hatchery. SOR/82-670, s. 2; SOR/83-901, s. 2.

79.16 (1) Every owner or person in charge of an approved hatchery supply flock shall keep a record of all mortality in that flock for the life of the flock.

(2) Where the mortality of an approved hatchery supply flock of chickens exceeds three per cent or the mortality of an approved hatchery supply flock of turkeys exceeds five per cent for birds during the first two weeks of life, the owner or person in charge of the flock shall immediately submit to an approved laboratory a sample of dead birds from the flock and any other such birds as may be subsequently requested by the person in charge of the laboratory to be cultured for the presence of Salmonella pullorum and Salmonella gallinarum. SOR/82-670, s. 2.

79.17 (1) Every owner or person in charge of a primary breeding flock shall have the flock tested serologically for Salmonella pullorum and Salmonella gallinarum at intervals of not less than six months and not more than 15 months in accordance with the serological test schedule set out in Schedule VI and shall report to the Minister, in writing, the results of all such tests.

(2) Each chicken or turkey that is tested pursuant to subsection (1) shall be identified by an identification tag. SOR/82-670, s. 2; SOR/2000-184, s. 70.

79.18 No owner or person who operates, manages or is in charge of a hatchery that hatches chicken, turkey or game bird eggs shall use the hatchery to hatch eggs of game birds or have on the premises of the hatchery eggs of game birds unless the eggs originate from

(a) a hatchery supply flock of game birds that is approved in accordance with any regulations in force in the province in which the flock is located; or

(b) a flock of origin in which the game birds in the flock over four weeks of age have been tested serologically in accordance with the serological test schedule set out in Schedule VI within the 15 months preceding the time the eggs arrived at the hatchery and found free of Salmonella Pullorum and Salmonella Gallinarum. SOR/82-670, s. 2; SOR/85-689, s. 7.

79.19 (1) No person shall operate a hatchery in an eradication area unless

(a) the hatchery is a health monitored hatchery; and

(b) individual fluff samples or such other samples as may be required by an inspector from each hatcher in the hatchery are submitted by the owner or operator of the hatchery to an approved laboratory for testing every sixth week as follows:

(i) in respect of a hatchery that hatches less than four times a week, samples shall be submitted from all hatchers from which chicks are removed during the sixth week, and

(ii) in respect of a hatchery that hatches four or more times a week, samples shall be submitted from all hatchers from which chicks are removed on two consecutive days during the sixth week.

(2) A person who wishes to obtain a permit shall apply to the Minister.

(3) Every application for a permit shall have annexed thereto a copy of the plans and specifications of the hatchery showing

(a) the dimensions of the rooms and the positions of doors, windows, stairways and drains;

(b) the lighting, heating and ventilating systems;

(d) the materials to be used in the construction of all floors, walls and ceilings.

(4) Where the premises in respect of which a permit was issued are not operated as a hatchery for a period of 12 consecutive months, the permit shall expire at the end of that period.

(5) The Minister may refuse to issue a permit if the Regional Director is of the opinion that the hatchery in respect of which the permit is applied for is not maintained and equipped in accordance with section 8 of the Hatchery Regulations and cannot be operated in accordance with that section.

(6) A separate permit shall be issued and a permit number assigned for each of the premises in which a hatchery is to be operated.

(7) No person shall sell or remove chicks from a hatchery that does not meet the requirements of paragraphs (1)(a) and (b) unless he has the permission of the Minister in writing.

(8) Every operator of a hatchery shall ensure that any chick or unhatched embryo that is killed in the hatchery is killed in a humane manner. SOR/82-670, s. 2; SOR/83-901, s. 3; SOR/85-689, s. 8; SOR/97-85, s. 57.

79.2 Every owner or person in charge of a chicken, turkey or game bird that on serological testing shows a reaction that may indicate exposure to or the presence of Salmonella pullorum or Salmonella gallinarum shall immediately submit the chicken, turkey or game bird to an approved laboratory for culturing or further testing. SOR/82-670, s. 2.

Serious Outbreaks of Communicable Diseases

80. (1) Subject to subsection (3), where the Minister has declared a control area pursuant to subsection 27(1) of the Act, the Minister may designate the animals or things likely to be infected or contaminated by the disease and, from the time the Minister makes the designation, no person shall, without the permission of an inspector or such other person as the Minister may designate, move

(a) any designated animal or thing

(i) into the designated area,

(ii) out of the designated area, or

(iii) from a place in the designated area except to a contiguous place in the designated area occupied by the same person; or

(b) any flesh, hides, hoofs, horns or other parts of animals designated in the order, or, in the case of poultry, the eggs thereof, or any hay, straw, fodder, cereal grain or other things used for feeding or caring for such animals

(i) out of the designated area, or

(ii) from a place in the designated area except to a contiguous place in the designated area occupied by the same person.

(2) Any permission to move an animal or any other thing referred to in subsection (1) given by an inspector or such other person designated by the Minister may be general or particular.

(3) Subsection (1) does not apply in respect of the movement out of the designated area of anything that is in an elevator, as defined in the Canadian Wheat Board Act, on the date the Minister's order comes into force. SOR/97-85, s. 58.

81. and 82.[Repealed, SOR/97-85, s. 59]

83. (1) An inspector may order the person having the possession, care or custody of a dog that is affected or suspected of being affected with rabies or to have been exposed to rabies to isolate or muzzle the dog.

(2) Where an inspector reports to the Minister that rabies exists or is suspected to exist in any area in Canada the Minister may, by order, designate the area and direct that all dogs or other animals within the area be detained, isolated or muzzled in such manner and during such period as the Minister may specify.

Movement of Animals

[SOR/95-54, s. 3]

84. and 84.1 [Repealed, SOR/93-159, s. 10]

85. [Repealed, SOR/95-54, s. 3]

86. and 86.1 [Repealed, SOR/93-159, s. 11]

87. [Repealed, SOR/95-54, s. 3]

87.1 [Repealed, SOR/93-159, s. 12]

88. [Repealed, SOR/97-85, s. 60]

89. No person shall

(a) hold a bird imported under a permit into Canada at an airport in a room in which a bird not imported under permit is held; or

(b) transport by air a bird imported under a permit into Canada from the place of entry on the same aircraft as a bird not imported under permit.

Eradication of Diseases Specified by Minister

90. The Minister may order the owner or the person having the possession, care or control in an eradication area of any poultry, ruminant, or equine or porcine animal, to segregate the animal and to have the animal inspected in such manner and for such communicable disease as the Minister may specify. SOR/97-85, s. 61.

91. [Repealed, SOR/97-85, s. 61]

PART X
GENERAL PROVISIONS

Notices

91.1 The Minister may give notice to any person, by any means of communication, of the appearance of any disease among animals. SOR/79-839, s. 27.

91.2 (1) Every laboratory that diagnoses or suspects the appearance in an animal or thing of a disease set out in Schedule VII shall notify the Minister immediately of the diagnosis or suspicion.

(2) Along with that notification, the laboratory shall include

(a) the name, address and telephone number of the person who owns or has the possession, care or control of the animal or thing;

(b) the location of the animal or thing; and

(3) Every laboratory that diagnoses or suspects the appearance in an animal or thing of a disease set out in Schedule VIII shall notify the Minister of the diagnosis or suspicion immediately after the end of the calendar year in which the appearance of the disease is diagnosed or suspected. SOR/2003-155, s. 1.

Records

91.3 Every person required to keep a record under these Regulations shall, unless it is otherwise stated,

(a) keep the record for a period of two years from the date the requirement arose;

(b) on request, at all reasonable times during the period referred to in paragraph (a), provide an inspector with the record for the purpose of examining the record, taking extracts therefrom or making copies thereof; and

(c) on receipt of a written request by an inspector, provide the inspector, in a form approved by the Minister, with the information contained in the record. SOR/82-590, s. 4.

Quarantine

91.4 (1) Where an inspector orders a quarantine of a disease agent, animal or thing, the notice of quarantine shall be communicated by personal delivery to the person who owns or has possession, care or control of the disease agent, animal or thing and the notice may specify the manner, condition, place or places and time of quarantine, necessary to prevent the spread of the communicable disease.

(2) In respect of a disease agent, animal or thing quarantined pursuant to these Regulations, no person shall do or permit to be done any of the following actions, without the authorization of an inspector:

(a) remove the disease agent, animal or thing from the place of quarantine;

(b) allow the disease agent, animal or thing to come into contact with an animal that is not quarantined under the same quarantine order;

(d) treat or test the disease agent, animal or thing for a communicable disease.

(3) Every person who owns or has the possession, care or control of an animal quarantined pursuant to these Regulations shall immediately notify a veterinary inspector of any quarantined animal that appears sick.

(4) In respect of a disease agent or thing quarantined pursuant to these Regulations, no person shall do or permit to be done any of the following actions, without the authorization of an inspector:

(a) move the disease agent or thing;

(b) alter the appearance of the disease agent or thing;

(d) open any container or remove any wrapping or cover around the disease agent or thing.

(5) No person shall transport or cause to be transported a disease agent, animal or thing quarantined pursuant to these Regulations unless

(a) a licence for its transportation has been issued by an inspector;

(b) a copy of the licence issued pursuant to paragraph (a) has been provided to the person in charge of the conveyance transporting the disease agent, animal or thing; and