Contents

• Short Title
• Interpretation
• Designation
• Part I Segregation and Inspection of Animals
• Part I.1 Specified Risk Material
• Part II Importation
• Part III Importation of Animal Products
• Part IV Importation of Animal By-products, Animal Pathogens and other Things
• Part V Importation of Fodder
• Part VI Importation of Packing Material, Beehives and Beeswax
• Part VII Quarantine of Imported Animals
• Part VIII Exportation of Animals, Animal Products and Products of Rendering Plants
• Part VIII.1 Hatcheries and Supply Flocks
• Part IX Eradication and Control of Diseases
• Part X General Provisions
• Part XI Veterinary Biologics
• Part XII Transport of Animals
• Part XIII Permits and Licences
• Part XIV Food for Ruminants, Livestock and Poultry, Rendering Plants, Fertilizers and Fertilizer Supplements
• Part XV Animal Identification
• Part XVI Aquatic Animals
• Schedule I Quarantine Ports (Section 2)
• Schedule II Inspection Ports (Section 2)
• Schedule III
• Schedule S IV AND V
• Schedule VI
• Schedule VII (Section 2, paragraphs 2.2(2)(b) and 41(1)(b) and (c), subsections 41.1(1), 42.1(2) and 45(2), section 46, paragraphs 50(b) and 51.2(1)(b) and (c), subparagraph 53(1)(a)(ii), subsections 53(2) and 91.2(1) and section 201)
• Schedule VIII (Subsection 91.2(3))
• Related provisions

Short Title

1#

These Regulations may be cited as the Health of Animals Regulations.^note

Interpretation

2#

In these Regulations,

abattoir includes a mobile abattoir; (abattoir)

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animal embryo [Repealed, SOR/2001-210, s. 1]

animal embryo transfer centre [Repealed, SOR/97-85, s. 1]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; (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 [Repealed, SOR/2019-99, s. 1]

brucellosis-free area [Repealed, SOR/2019-99, s. 1]

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 — that has undergone processing that would prevent the introduction of any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the product or by-product was derived is susceptible and that can be transmitted by the product or by-product, the country in which the product or by-product underwent that processing; (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)

fertilizer has the same meaning as in section 2 of the Fertilizers Act; (engrais)

fertilizer supplement has the same meaning as the word supplement in section 2 of the Fertilizers Act; (supplément d’engrais)

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]

import reference document means the document entitled Import Reference Document, prepared by the Agency and published on its website, as amended from time to time; (document de référence)

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)

level 2 containment laboratory means a laboratory that meets or exceeds the criteria for the containment of pathogens at containment level 2 according to the Laboratory Biosafety Guidelines published by the Public Health Agency of Canada on its Internet site, as amended from time to time; (laboratoire de niveau de confinement 2)

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 means the edible part of a carcass that is the muscle associated with the skeleton, tongue, diaphragm, heart, gizzard or mammalian oesophagus, with or without accompanying and overlying fat, together with those parts of the bones, skin, sinews, nerves, blood vessels and other tissues that normally accompany the muscle and are not ordinarily removed in dressing a carcass, but does not include the muscle associated with the lips, snout, scalp or ears; (viande)

meat meal or tankage means the rendered and dried carcass or part of the carcass of an animal; (farine de viandeorrésidus 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-ambulatory animal means livestock, poultry, rabbits or an animal of the cervid or camelid species that is unable to stand without assistance or to move without being dragged or carried. (animal non ambulatoire)

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 [Repealed, SOR/2018-108, s. 403]

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 designated by the Minister under section 2.2; (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 [Repealed, SOR/2019-99, s. 1]

tuberculosis-accredited area [Repealed, SOR/2019-99, s. 1]

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

tuberculosis-free area [Repealed, SOR/2019-99, s. 1]

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 biologique vétérinaire)

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

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

^note

2.1#

For the purposes of interpreting any document prepared by the Agency that is incorporated by reference into these Regulations, words and expressions that are used but not defined in that document have the same meaning as in these Regulations.^note

Designation

2.2#

(1)In order to prevent the introduction of any vector, disease or toxic substance into Canada or into another country from Canada, the Minister may, by notice, designate a disease as a serious epizootic disease for the purposes of any provision of these Regulations, including any provision related to importation, exportation or possession of animals or things.

(2)The Minister may designate the disease if

(a)the disease is not listed as a reportable disease in the schedule to the Reportable Diseases Regulations;

(b)the disease is not listed as an immediately notifiable disease in Schedule VII to these Regulations; and

(c)the disease may have a serious impact on human or animal health.

^note

Part I · Segregation and Inspection of Animals

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,

(c)is in an eradication area or control zone, or

(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.

3.1#

[Repealed, SOR/79-839, s. 3] (repealed)

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;

(c)is in an eradication area or control zone; or

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

^note

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

(c)to destroy the animal and dispose of its carcass

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 where food animals are slaughtered by the holder of a licence that is issued under paragraph 20(1)(b) of the Safe Food for Canadians Act; or

(b)destroyed at a time and place determined by him, and have its carcass disposed of as determined by him.

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.^note

Part I.1 · Specified Risk Material

6.1#

In this Part , specified risk material means the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older, and the distal ileum of cattle of all ages, but does not include material from a country of origin, or a part of a country of origin, that is designated under section 7 as posing a negligible risk for Bovine Spongiform Encephalopathy.^note

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.^note

6.21#

(1)Every person who slaughters, cuts up or debones cattle for human consumption as food shall ensure that, immediately after removal of the specified risk material, the specified risk material is stained with a conspicuous and indelible dye and collected in a dedicated container that is marked with a statement in both official languages indicating that the contents are specified risk material.

(2)Subsection (1) does not apply in respect of

(a)cattle that are slaughtered, cut up or deboned on a farm, as defined in subsection 172(1), if the specified risk material from the carcasses of those cattle is not removed from the farm except for submission to a level 2 containment laboratory;

(b)cattle that are slaughtered, cut up or deboned at an abattoir if all parts of the carcass of any animal remain on the premises of the abattoir other than those parts that are for human consumption as food or samples that are submitted to a level 2 containment laboratory; or

(c)samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed, that are submitted to a level 2 containment laboratory.

^note

6.22#

(1)Every person who removes the specified risk material from the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food shall ensure that the specified risk material is stained with a conspicuous and indelible dye and collected in a dedicated container that is marked with a statement in both official languages indicating that the contents are specified risk material.

(2)If the specified risk material has not been removed from the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food, the person who has the possession, care or control of the carcasses and any parts of them shall ensure that the carcasses and any parts of them containing the specified risk material are stained with a dye that is conspicuous, indelible and safe for consumption by animals.

(3)Subsections (1) and (2) do not apply in respect of

(a)the carcasses of cattle if the specified risk material from each of the carcasses and each of the carcasses that contains specified risk material remain on the premises on which the cattle were determined to be dead or are submitted to a level 2 containment laboratory; or

(b)samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed, that are submitted to a level 2 containment laboratory.

^note

6.23#

(1)Subject to subsection (3), this section applies to every person

(a)who is required by these Regulations to remove or stain specified risk material;

(b)who collects the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material has not been removed from the carcasses; or

(c)who receives specified risk material from another person or who receives from another person the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material has not been removed from the carcasses.

(2)The person shall keep, for a period of 10 years, a record for each day on which the specified risk material is removed, stained or received or the carcasses are collected or received that includes

(a)the person’s name and address and the date of the removal, staining, collection or reception;

(b)the combined weight of the specified risk material and the carcasses or parts of carcasses collected or received, as well as the number of those carcasses;

(c)the name of the dye used to identify the specified risk material or the carcasses;

(d)the numbers of the approved tags, as defined in section 172, that are on the carcasses or, in the case of carcasses not bearing approved tags, the information referred to in paragraph 187(2)(a) in respect of the carcasses;

(e)if the person treated, confined or destroyed the specified risk material or the carcasses, the date on which and the manner in which the specified risk material or the carcasses were treated, confined or destroyed; and

(f)if the person did not confine or destroy the specified risk material or the carcasses,

(i)the name and address of the person, if any, who received the specified risk material or carcasses from him or her,

(ii)the name and address of the person, if any, who transported the specified risk material or the carcasses to another location and the manner in which the specified risk material or the carcasses were transported, and

(iii)the name and address, if known to the person, of the person, if any, who confined or destroyed the specified risk material or the carcasses.

(3)This section does not apply in respect of samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed, that are submitted to a level 2 containment laboratory.

^note

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.^note

6.4#

(1)Except in accordance with a permit or a licence issued by the Minister under section 160, no person shall receive, remove from any premises, use, transport out of any premises, treat, store, export, sell, distribute, confine or destroy specified risk material in any form, whether or not incorporated into another thing, if the specified risk material was removed from cattle slaughtered in Canada or was removed from, or is contained in, the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food.

(2)Subsection (1) does not apply to require a permit for staining under section 6.21 or 6.22.

(3)Subsection (1) does not apply in respect of specified risk material that was removed from cattle slaughtered for human consumption as food or that was removed from, or is contained in, the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material remains on the premises on which the cattle were slaughtered or were determined to be dead.

(4)Subsection (1) does not apply in respect of the use, as a fertilizer or as a fertilizer supplement, of material that is derived from specified risk material in any form that was removed from cattle slaughtered for human consumption as food or from cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the fertilizer or fertilizer supplement remains on the premises on which the cattle were slaughtered, died or were condemned.

(5)Subsection (1) does not apply in respect of the submission, to a level 2 containment laboratory, of samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed or in respect of activities related to the use of specified risk material in a level 2 containment laboratory.

(6)The Minister shall not issue a permit for the purpose of subsection (1) if the specified risk material is to be received, removed from any premises, used, transported, treated, stored, exported, sold or distributed in any form, whether or not incorporated into another thing, for human consumption as food.

(7)The Minister shall not issue a permit for the destruction of specified risk material unless the destruction is to be by incineration, or another method, that will ensure that the specified risk material and anything in which it is incorporated will not be used as food for humans and will not, or will not be likely to, result in the spread within Canada of Bovine Spongiform Encephalopathy.

^note

6.5#

(1)Except in accordance with a permit issued under section 160, no person shall feed to any animal material in any form — whether or not incorporated into another thing — that is derived from specified risk material.

(2)Subsection (1) does not apply to a person who feeds a pet food, pet chew or pet treat to an animal if

(a)the country of origin of that product is the United States;

(b)the person, on entry into Canada from the United States, was in possession of the product and was accompanied by the animal to which it is fed;

(c)the person legally imported both the product and the animal into Canada; and

(d)the product is fed only to the animal that accompanied the person into Canada.

^note

6.6#

Sections 6.4 and 6.5 do not apply in respect of material produced as a result of the destruction of specified risk material in accordance with a permit issued under section 160 for the purpose of section 6.4 if the material would not, or would not be likely to, result in the spread within Canada of Bovine Spongiform Encephalopathy.^note

Part II · Importation

General

Designation

7#

(1)For the purpose of preventing the introduction of a disease into Canada from an animal or thing imported into Canada, the Minister may designate a country or part of a country as being free of a disease or as posing a negligible risk for a disease.

(1.1)The designation shall be in writing and be based on the following criteria respecting the country or part of the country that is the subject of the designation:

(a)the prevalence of the disease;

(b)the time since the most recent outbreak of the disease;

(c)the disease surveillance programs in effect;

(d)the measures taken to prevent the introduction or spread of the disease;

(e)the natural barriers to the movement of the disease;

(f)the zoosanitary infrastructure; and

(g)any other criteria relevant to the state, extent or propagation of the disease.

(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.

Electronic Documents

8#

(1)The Minister may accept a certificate or any other document referred to in this Part, any of Parts III to VIII or Part XVI 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.

Powers of Inspectors

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.^note

Importation of Germplasm and Animals

Definitions

10#

The definitions in this section apply in this section and in sections 11 to 17.

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 [Repealed, SOR/2025-192, s. 2]

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

(a)germplasm;

(b)members of the orders Cetacea, Pinnipedia and Sirenia; or

(c)members of the order Rodentia, other than

(i)prairie dogs (Cynomys sp.), African Giant Pouched Rats (Cricetomys gambianus) and squirrels of the family Sciuridae, from any country, and

(ii)any other members of the order from Africa. (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)

^note

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.

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 unnecessary 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

(c)the animal will not come into contact with the national herd in Canada.

(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.

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.^note

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.

15#

No person shall import a regulated animal unless it is clearly identified at the time of importation.^note

16#

Every person who imports a regulated animal shall keep records that clearly indicate its original source and the date and place of importation.^note

17#

(1)On request of the government of the United States, subject to subsection (3), a person may import a regulated animal from the United States for the purpose of re-entering the United States without meeting the requirements of paragraphs 12(1)(a) and (b), sections 15 and 16 and Part XV, if the President of the Canadian Food Inspection Agency determines that

(a)a transportation route within the United States usually used to transport the animal cannot be used because the route is obstructed;

(b)no reasonable alternative transportation route within the United States exists; and

(c)as a result of the obstruction, the welfare of the animal is at risk.

(2)Subject to subsection (3), if a regulated animal is exported to the United States under subsection 69.1(1), a person may import that animal without meeting the requirements of paragraphs 12(1)(a) and (b), sections 15 and 16 and Part XV.

(3)No person shall import a regulated animal under subsection (1) or (2) unless it is accompanied by a certificate issued by a veterinary inspector, a certificate issued by an accredited veterinarian that is approved in writing by a veterinary inspector or a certificate of an official veterinarian that specifies

(a)the species of the animal and the number of animals of each species being transported; and

(b)the number of the seal affixed to the conveyance used for the transport of the animal, unless, in the opinion of the veterinary inspector, the accredited veterinarian or the official veterinarian, the conveyance cannot be sealed.

18 to 33.1#

[Repealed, SOR/2001-210, s. 3] (repealed)

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;

(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); and

(c)the eggs are packed in containers that are clean and free from dirt and residue of eggs.

(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 processed egg product establishment approved by the Minister.

(4)In subsection (3), processed egg product establishment means an establishment where eggs or processed egg products are processed, treated or preserved by the holder of a licence that is issued under paragraph 20(1)(b) of the Safe Food for Canadians Act.

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.

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

^note

35 to 39#

[Repealed, SOR/2001-210, s. 4] (repealed)

39.1#

[Repealed, SOR/93-159, s. 4] (repealed)

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.^note

41#

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

(a)the country of origin is the United States and the by-product, manure or thing is not derived from an animal of the subfamily Bovinae or Caprinae;

(b)the country of origin, or the part of that country, is designated under section 7 as being free of, or as posing a negligible risk for, any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the by-product, manure or thing was derived is susceptible and that can be transmitted by the by-product, manure or thing, and the person produces a certificate of origin signed by an official of the government of that country attesting to that origin; or

(c)the by-product, manure or thing has been collected, treated, prepared, processed, stored and handled in a manner that would prevent the introduction into Canada of any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the by-product, manure or thing was derived is susceptible and that can be transmitted by the by-product, manure or thing, and the person produces a certificate signed by an official of the government of the country of origin that

(i)attests that the by-product, manure or thing has been collected, treated, prepared, processed, stored and handled in that manner, and

(ii)shows the details of how it was collected, treated, prepared, processed, stored and handled.

(2)Subsection (1) does not apply in respect of manure found in or on a vehicle that is entering Canada from the United States if the manure was produced by animals, other than swine, that are being transported by the vehicle.

41.1#

(1)Despite section 41, a person may import into Canada an animal by-product or a thing containing an animal by-product, other than one described in section 45, 46, 47, 47.1, 49, 50, 51, 51.2 or 53, if an inspector has reasonable grounds to believe that the importation of the by-product or thing, by its nature, end use or the manner in which it has been processed, would not, or would not be likely to, result in the introduction into Canada of any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the by-product was derived is susceptible and that can be transmitted by the by-product, and the by-product or thing is not intended for use as animal food or as an ingredient in animal food.

(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.

^note

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.

^note

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, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the glands and organs was taken is susceptible and that 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).

^note

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

(c)on examination, an inspector is satisfied that it is thoroughly cooked.

^note

44#

[Repealed, SOR/97-85, s. 35] (repealed)

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, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the gluestock was derived is susceptible and that can be transmitted by the gluestock.

(3)A person who imports gluestock into Canada shall not transport it or cause it to be transported to any place other than an establishment referred to in paragraph (1)(b) until it has been processed in accordance with subsection (2).

Meat and Bone Meal, Bone Meal, Blood Meal, Tankage, Feather Meal, Fish Meal, Rendering Plant Products, Animal Manure, Garbage and Ship’s Refuse

46#

No person shall import into Canada meat and bone meal, bone meal, blood meal, tankage (meat meal), feather meal, fish meal or any other product of a rendering plant unless, in addition to the requirements of sections 166 to 171,

(a)the country of origin, or the part of that country, is designated under section 7 as being free of, or as posing a negligible risk for, any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the product was derived is susceptible and that can be transmitted by the product, and the person produces a certificate of origin signed by an official of the government of that country attesting to that origin; and

(b)an inspector has reasonable grounds to believe that the product has been processed in a manner that would prevent the introduction of any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the product was derived is susceptible and that can be transmitted by the product.

^note

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.^note

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 animal)

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)without delay 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] (repealed)

(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.

^note

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.^note

Carcasses of Game Animals

49#

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

(a)the Canada Border Services Agency has determined under the Customs Tariff that the carcass originated in the United States; and

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

(2)The number of carcasses that a person may import into Canada shall be the number indicated on the hunting permit described in paragraph (1)(b).

^note

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 derived from an animal affected with anthrax, foot-and-mouth disease, rinderpest or Bovine Spongiform Encephalopathy or any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the by-product or manure was derived is susceptible and that can be transmitted by the by-product or manure.

^note

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

(c)animal blood or animal serum, other than a veterinary biologic,

(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.

^note

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.

^note

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 the United States and the blood or serum is not derived from an animal of the subfamily Bovinae or Caprinae;

(b)the country of origin, or the part of that country, is designated under section 7 as being free of, or as posing a negligible risk for, any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the blood or serum was derived is susceptible and that can be transmitted by the blood or serum, and the person produces a certificate of origin signed by an official of the government of that country attesting to that origin; or

(c)the blood or serum has been collected, treated, prepared, processed, stored and handled in a manner that would prevent the introduction into Canada of any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the blood or serum was derived is susceptible and that can be transmitted by the blood or serum, and the person produces a certificate signed by an official of the government of the country of origin that

(i)attests that the blood or serum has been collected, treated, prepared, processed, stored and handled in that manner, and

(ii)shows the details of how the blood or serum was collected, treated, prepared, processed, stored and handled.

(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).

^note

Importation Permitted

52#

(1)Despite anything in this Part, a person may import into Canada an animal by-product if the person produces a document that shows the details of the treatment of the by-product and an inspector has reasonable grounds to believe — based on the source of the document, the information contained in the document and any other relevant information available to the inspector and, if necessary, on an inspection of the by-product — that the importation of the by-product 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.

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

Animal Food

53#

(1)No person shall import into Canada any animal food that contains an animal product or animal by-product unless

(a)the country of origin

(i)of the animal food is the United States and the animal food is not derived from an animal of the subfamily Bovinae or Caprinae; or

(ii)or the part of that country of the animal food — and each animal product and animal by-product contained in that food — is designated under section 7 as being free of, or as posing a negligible risk for, any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the food, product or by-product was derived is susceptible and that can be transmitted by the food, product or by-product, and the person produces a certificate of origin signed by an official of the government of that country attesting to that origin; and

(b)in the case of animal food that is carried on board a vessel, the master of the vessel certifies that no ruminants or swine, other than those imported in accordance with a permit issued under section 160, were taken on board the vessel.

(2)No person shall import into Canada any animal product or animal by-product that is to be used as animal food or as an ingredient in animal food unless the country of origin, or the part of that country, is designated under section 7 as being free of, or as posing a negligible risk for, any reportable disease, any disease referred to in Schedule VII and any serious epizootic disease to which the species from which the product or by-product was derived is susceptible and that can be transmitted by the product or by-product, and the person produces a certificate of origin signed by an official of the government of that country attesting to that origin.

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.^note

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 without delay

(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.

56#

[Repealed, SOR/97-85, s. 45] (repealed)

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.

^note

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.^note

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.^note

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.^note

63 to 65#

[Repealed, SOR/97-85, s. 48] (repealed)

66 and 67#

[Repealed, SOR/98-584, s. 3] (repealed)

68#

[Repealed, SOR/97-85, s. 49] (repealed)

Part VIII · Exportation of Animals, Animal Products and Products of Rendering Plants

General

69#

(1)Subject to this Part, no person shall export animal germplasm, livestock or poultry unless the person has

(a)provided to a veterinary inspector or accredited veterinarian evidence that the animal germplasm, livestock or poultry meets the sanitary requirements of the importing country;

(b)obtained a certificate issued by a veterinary inspector — or an accredited veterinarian , endorsed by a veterinary inspector — that identifies the animal germplasm, livestock or poultry and sets out the following information

(i)a statement that a veterinary inspector or accredited veterinarian has inspected the animal germplasm, livestock or poultry and found it to be free from any communicable diseases, and that the animal germplasm, livestock or poultry meets the sanitary requirements of the importing country,

(ii)the date and place of inspection, and

(iii)if tests are required prior to export, a statement that they were performed, and that the results of the tests on the animal germplasm, livestock or poultry meet the testing requirements of the importing country; and

(c)provided to a veterinary inspector any requested information or documentation that demonstrates how the person intends to meet the requirements of Parts XII and XV respecting the health, protection and transport of animal germplasm, livestock or poultry, as applicable.

(1.1)Paragraph (1)(b) does not apply in respect of animal germplasm, livestock or poultry destined for export to the United States if certification is not requested by the United States.

(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 animal germplasm, livestock or poultry unless the certificate referred to in paragraph (1)(b) 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 germplasm

(a)with respect to livestock, means semen, male or female germ cells or genetic material taken from a male or female germ cell and includes embryos;

(b)with respect to poultry, means hatching eggs and semen; and

(c)with respect to bees, means semen.

(7)Paragraph (1)(b) 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 Government of the United States.

69.1#

(1)Despite paragraph 69(1)(b) and subsection 69(3) and subject to subsection (2), a person may export a regulated animal, as defined in section 10, to the United States for the purpose of re-entering Canada without meeting the requirements of Part XV if the President of the Canadian Food Inspection Agency determines that

(a)a transportation route within Canada usually used to transport the animal cannot be used because the route is obstructed;

(b)no reasonable alternative transportation route in Canada exists; and

(c)as a result of the obstruction, the welfare of the animal is at risk.

(2)No person shall export a regulated animal, as defined in section 10, under subsection (1) unless it is accompanied by a certificate issued by a veterinary inspector, or a certificate issued by an accredited veterinarian that is approved in writing by a veterinary inspector, that specifies

(a)the species of the animal and the number of animals of each species being transported; and

(b)the number of the seal affixed to the conveyance used for the transport of the animal, unless, in the opinion of the veterinary inspector or the accredited veterinarian, the conveyance cannot be sealed.

^note

70#

(1)Subject to this Part, no person shall export out of Canada any of the following products unless the person meets the requirements of subsection (1.1):

(a)a substance from a rendering plant;

(b)a fertilizer that contains a substance from a rendering plant;

(c)a fertilizer supplement that contains a substance from a rendering plant;

(d)an animal food that contains a substance from a rendering plant.

(1.1)A person may export out of Canada a product referred to in subsection (1) if the person has

(a)provided to an inspector or veterinary inspector evidence that the product meets the importing country’s sanitary requirements with respect to the importation of the product;

(b)obtained a certificate issued by an inspector or veterinary inspector that identifies the product and sets out the following information

(i)a statement that the product meets the importing country’s sanitary requirements with respect to the importation of the product, and

(ii)if tests are required prior to export, a statement that they were performed, and that the results of the tests on the products meet the testing requirements of the importing country; and

(c)confirmed that the results of any tests that have been carried out confirm that the product meets the requirements of the relevant sections of the Act and these Regulations.

(2)No person shall export a product of a rendering plant, or a fertilizer, fertilizer supplement or animal food that contains a product of a rendering plant, unless the certificate referred to in subsection (1) bears the mark of the official export stamp referred to in subsection (3).

(3)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 an inspector, a veterinary inspector or a person authorized by an inspector or a veterinary inspector.

(4)No person except an inspector, a veterinary inspector or a person authorized by an inspector or a veterinary inspector shall have in his or her possession an official export stamp or any facsimile of one.

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.

Part VIII.1 · Hatcheries and Supply Flocks

General

72#

The following definitions apply in this Part.

balut means a fertilized commercial poultry egg containing a partially developed embryo that is intended for human consumption. (balut)

commercial poultry means poultry that are used for the production of meat, poultry products or by-products — including balut — for human consumption or for breeding to produce commercial poultry, but does not include poultry that are kept for any other reason, including poultry that are kept, bred or sold as pets or for use in shows, races, exhibitions or competitions. (volaille commerciale)

supply flock means a primary breeding flock of commercial poultry, or a flock that is descended from a such a flock, that produces eggs or chicks that are supplied to a hatchery. (troupeau fournisseur)

Testing Standards means the Canadian Hatchery and Supply Flock Testing Standards, prepared by the Agency and published on its website, as amended from time to time. (Normes d’épreuves)

^note

Hatchery Licensing Requirements

72.1#

This Part applies to a hatchery that

(a)receives eggs produced by a supply flock;

(b)incubates eggs for the production of commercial poultry; and

(c)has a minimum setting capacity of 1 000 eggs.

^note

72.2#

No person shall operate a hatchery except in accordance with a licence that is issued by the Minister under section 160.^note

72.3#

(1)A licence expires two years after the date of issuance or renewal that is specified in it, unless the licence is revoked before that date.

(2)A licence is revoked if the licence holder ceases operation of the hatchery for 12 consecutive months or surrenders the licence.

^note

72.4#

(1)A hatchery operator shall prepare, keep and maintain a written preventive control plan as a condition of their licence.

(2)The hatchery operator shall implement their preventive control plan.

(3)The preventive control plan shall include a description of the measures that have been or are to be implemented by the hatchery operator in order to mitigate the risk of introduction and spread of the biological hazards set out in Part I of the Testing Standards and to control and eliminate those hazards, in relation to the following elements:

(a)sanitation, biosecurity, biocontainment, pest control and chemicals;

(b)employee training in biosecurity measures;

(c)maintenance, cleaning and disinfection of hatchery facilities, equipment and related materials;

(d)maintenance of buildings, other structures and surrounding premises;

(e)feed and vaccines;

(f)receiving, transportation and storage; and

(g)traceability.

^note

72.5#

(1)A hatchery operator shall meet the requirements set out under the following headings of the Code of Practice for the Care and Handling of Hatching Eggs, Breeders, Chickens and Turkeys, published by the National Farm Animal Care Council, as amended from time to time, that are applicable to the species of poultry they are incubating:

(a)Personnel Knowledge and Skills;

(b)Hatcheries;

(c)Housing and Environment;

(d)Feed and Water;

(e)Flock Health Management; and

(f)Euthanasia.

(2)The hatchery operator shall include in their preventive control plan a description of the measures that they have implemented or will implement to meet the requirements referred to in subsection (1).

^note

Testing Requirements

72.6#

(1)A hatchery operator shall conduct sampling and testing in accordance with Part I of the Testing Standards to monitor the sanitation of the hatchery during periods of operation and for the presence of diseases.

(2)The hatchery operator shall keep a record of the results of sampling and testing conducted in the hatchery.

^note

Supply Flocks

72.7#

A hatchery operator shall obtain all eggs from a supply flock operator that

(a)prepares, keeps and maintains a preventive control plan that describes the measures that have been or are to be implemented to comply with paragraphs (d) to (f);

(b)implements the preventive control plan;

(c)keeps a record that describes any deviation from the preventive control plan and the corrective measures that are taken;

(d)meets the sampling and testing requirements that are set out in Part II of the Testing Standards;

(e)meets the requirements set out under the following headings of the Code of Practice for the Care and Handling of Hatching Eggs, Breeders, Chickens and Turkeys, published by the National Farm Animal Care Council, as amended from time to time, that are applicable to the species of poultry they are raising:

(i)Personnel Knowledge and Skills,

(ii)Housing and Environment,

(iii)Feed and Water,

(iv)Flock Health Management, and

(v)Euthanasia; and

(f)takes measures to mitigate the risk of introduction and spread of the biological hazards set out in Part II of the Testing Standards, and to control and eliminate those hazards, in relation to the following elements:

(i)management of access to the premises,

(ii)employee training in biosecurity measures,

(iii)maintenance, cleaning and disinfection of equipment, facilities and related materials,

(iv)mortality management,

(v)feeds and vaccines,

(vi)water management, and

(vii)pest control.

^note

Animal and Product Identification

72.8#

(1)A hatchery operator shall ensure that

(a)every box or other package they receive that contains eggs or chicks is clearly marked with information that identifies the supply flock; and

(b)every box or other package that is used for the marketing of eggs or chicks is clearly marked with information that identifies the hatchery and a lot code or other unique identifier that enables the eggs or chicks to be traced to the supply flock from which they originate.

(2)Subsection (1) does not apply if the box or other package is accompanied by an invoice or other document that specifies the information required by paragraph (1)(a) or (b).

^note

Records

72.9#

A hatchery operator shall keep and maintain records that include the following information:

(a)the identity of the flock from which the hatchery is supplied with eggs or commercial poultry;

(b)the number of eggs purchased or received and set;

(c)the number of eggs, including balut, sold;

(d)the number of chicks hatched, purchased and sold;

(e)the number of eggs and chicks culled and died;

(f)the name of any vaccines and medications given to the eggs and chicks; and

(g)the location to which chicks or eggs are sent after leaving the hatchery.

^note

Part IX · Eradication and Control of Diseases

Screening Tests

73#

[Repealed, SOR/2019-99, s. 5] (repealed)

73.1#

Every owner or person in charge of animals in an eradication area or control zone shall, when requested to do so by a veterinary inspector or by an accredited veterinarian with the approval of a veterinary inspector, permit tests for communicable disease to be conducted on the animals.^note

74#

[Repealed, SOR/2019-99, s. 5] (repealed)

74.1#

[Repealed, SOR/2002-444, s. 2] (repealed)

75#

[Repealed, SOR/2019-99, s. 5] (repealed)

Movement Permits

76#

(1)No person shall, without a permit issued by the Minister under section 160, move, or cause to be moved, a member of the Cervidae family from one place in Canada to another place in Canada.

(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 referred to in subsection (1) or (2) is issued, and every person to whose premises a member of the Cervidae family is moved under a permit, shall keep a copy of the permit.

77 to 78.25#

[Repealed, SOR/93-159, s. 9] (repealed)

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.^note

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 taken back without delay to the area or region from which it was moved or to an area or region of equal or lesser health status.^note

79#

[Repealed, SOR/2022-218, s. 2] (repealed)

79.1#

[Repealed, SOR/2019-99, s. 8] (repealed)

79.11#

[Repealed, SOR/2019-99, s. 8] (repealed)

79.12#

[Repealed, SOR/2019-99, s. 8] (repealed)

79.13#

[Repealed, SOR/2019-99, s. 8] (repealed)

79.14#

[Repealed, SOR/2022-218, s. 2] (repealed)

79.15#

[Repealed, SOR/2022-218, s. 2] (repealed)

79.16#

[Repealed, SOR/2022-218, s. 2] (repealed)

79.17#

[Repealed, SOR/2022-218, s. 2] (repealed)

79.18#

[Repealed, SOR/2022-218, s. 2] (repealed)

79.19#

[Repealed, SOR/2022-218, s. 2] (repealed)

79.2#

[Repealed, SOR/2022-218, s. 2] (repealed)

Outbreaks of Communicable Diseases

80#

[Repealed, SOR/2019-99, s. 10] (repealed)

81 and 82#

[Repealed, SOR/97-85, s. 59] (repealed)

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.

^note

Movement of Animals

84 and 84.1#

[Repealed, SOR/93-159, s. 10] (repealed)

85#

[Repealed, SOR/95-54, s. 3] (repealed)

86 and 86.1#

[Repealed, SOR/93-159, s. 11] (repealed)

87#

[Repealed, SOR/95-54, s. 3] (repealed)

87.1#

[Repealed, SOR/93-159, s. 12] (repealed)

88#

[Repealed, SOR/97-85, s. 60] (repealed)

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.

Segregation and Inspection

90#

The Minister may order a person who owns or has the possession, care or control of any poultry, ruminant, or equine or porcine animal to segregate the animal and to have the animal inspected in any manner and for any communicable disease that the Minister specifies.^note

91#

[Repealed, SOR/97-85, s. 61] (repealed)

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.^note

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

(c)all other information that the laboratory has in relation to the animal or thing.

(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.

^note

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; and

(b)[Repealed, SOR/2012-286, s. 56] (repealed)

(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.

^note

Quarantine

91.4#

(1)If an inspector orders a quarantine of a disease agent, animal or thing, a 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 period 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;

(c)destroy the disease agent, animal or thing; or

(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 under these Regulations shall without delay 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;

(c)remove of any tag, sign or other notice that the disease agent or thing is under quarantine; or

(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

(c)the disease agent, animal or thing is transported directly to the location stated in the licence.

(6)Every person who receives a notice referred to in subsection (1) shall comply with the notice.

^note

91.5#

[Repealed, SOR/2000-183, s. 31] (repealed)

Animal Markets

92#

(1)Subject to subsection (2), no public sale, auction or market of livestock shall be held in any place unless the person conducting the sale, auction or market provides

(a)facilities for the inspection and testing of the animals offered for sale at such place, including a room for the conduct of laboratory tests by an inspector; and

(b)[Repealed, SOR/97-85, s. 63] (repealed)

(2)Paragraph (1)(a) does not apply to a sale of a farmer’s livestock conducted on his own farm.

93#

Every person conducting a public sale, auction or market of livestock shall keep the place where such sale, auction or market is held in a sanitary condition.

94#

Every person conducting a public sale, auction or market of livestock, Camelidae, Cervidae, chickens, turkeys or game birds shall keep and make available for inspection by an inspector a record showing, with respect to each animal sold or received at the sale, auction or market, the complete, legal names and addresses of the consignor of every animal received and the purchaser of every animal sold at the sale, auction or market.^note

95#

An inspector may order the person having the possession, care or custody of a bovine received for sale at a public sale, auction or market of livestock to

(a)mark or tag the animal for identification; and

(b)have the animal examined and tested for disease.

95.1#

(1)Subject to subsection 3, the Minister may require an owner, operator or person in charge of a public sale, auction or market of livestock to have the express written permission of the Minister for the public sale, auction or market of a bovine and, where the Minister so requires, the owner, operator or person in charge shall ensure that

(a)the bovine is marked or tagged for identification and examined by an inspector or a person approved by the Minister pursuant to subsection (2);

(b)for the purpose of brucellosis testing, a specimen is, or specimens are collected from the bovine

(i)at the premises of the public sale, auction or market of livestock,

(ii)by an inspector or by a person who has been approved by the Minister pursuant to subsection (2) and collects the specimen or specimens under the supervision or to the satisfaction of an inspector, and

(iii)at a time and in a manner determined by the Minister; and

(c)where brucellosis testing of a specimen or specimens collected pursuant to paragraph (b) has not been completed prior to sale, the prospective purchaser is informed of this at the time of sale by the person in charge of the public sale, auction or market of livestock, in a manner approved by the Minister.

(2)The Minister may, in writing, approve a person for the purpose of performing a service referred to in paragraph (1)(a) or (b) where he is satisfied that that person is able competently to perform that service, and the Minister may, at any time, withdraw such an approval.

(3)No person to whom subsection (1) applies shall allow the public sale, auction or market of a bovine where the express written permission of the Minister is refused.

(4)Every person to whom subsection (1) applies shall

(a)identify the specimen or specimens collected pursuant to paragraph (1)(b) by recording on the container of the specimen the identity of the bovine from which it was collected;

(b)keep a record containing

(i)particulars sufficient to identify the bovine from which the specimen or specimens were collected pursuant to paragraph (1)(b),

(ii)the date of collection of the said specimen or specimens, and

(iii)the name and location of the premises on which the specimen or specimens were collected; and

(c)deliver to the nearest inspector, with all practicable speed, the specimen or specimens collected pursuant to paragraph (1)(b) and a copy of the record kept pursuant to paragraph (b).

(5)Subsection (1) does not apply to a bovine that

(a)is under 24 months of age; or

(b)is a steer or spayed heifer.

^note

96#

No person shall offer an animal for sale at a public sale, auction or market of livestock unless the animal is identified by tag or brand or is one of a lot confined to a pen.

97#

[Repealed, SOR/93-159, s. 15] (repealed)

Marking of Animals

98#

Where a person administers a test for a reportable disease to a bovine, equine, goat, pig or sheep and the animal reacts positively to the test, the person shall permanently mark the animal with a red tag bearing the word “reactor” placed in its left ear or in such other manner as the Minister may direct.

99#

(1)An inspector may mark or cause an animal inspected by him to be marked with a tag or in such other manner as the Minister may direct so as to

(a)identify the animal preparatory to a test for disease; or

(b)indicate that the animal

(i)reacted positively to a test, or

(ii)is suspected of being affected with a communicable disease.

(2)An accredited veterinarian may mark or cause an animal inspected by him to be marked with a tag or in such other manner as the Minister may direct so as to identify the animal.

100#

Subject to section 99, no person shall, unless authorized by an inspector, place or affix a tag or other mark referred to in section 98, 99 or 201 on an animal.^note

101#

No person shall, unless authorized by an inspector, remove or deface a tag or other mark placed on an animal pursuant to section 98, 99 or 201.^note

Seals

102#

An inspector may affix seals or other devices to a conveyance, container or other thing, for the purposes of the Act and these Regulations.^note

103#

No person shall, without the authorization of an inspector, break, alter, tamper with, or remove any seal or other device affixed to a conveyance, container or other thing pursuant to section 102.^note

Disinfection

104#

(1)When a veterinary inspector finds or suspects that an animal is affected with or died from a communicable disease he may

(a)order

(i)the owner or occupier of any outhouse, stable, yard or other place affected or suspected of being affected with a communicable disease, or

(ii)the owner or operator of any aircraft, railway car, vehicle or vessel affected or suspected of being affected with a communicable disease,

to clean and disinfect such outhouse, stable, yard or other place or such aircraft, railway car, vehicle or vessel; or

(b)order any person entering or leaving any outhouse, stable, yard or other place affected or suspected of being affected with a communicable disease to clean and disinfect any footwear, clothing or other thing worn or carried by him.

(2)If an animal is required to be destroyed under section 27.6, 37 or 48 of the Act, every person in charge of a conveyance in which the animal is subsequently carried shall, immediately after the animal is unloaded from the conveyance, clean and disinfect the conveyance under the supervision of an inspector at the nearest place where facilities for that purpose are available.

105#

(1)Every owner or person in charge of a crate or other container in which poultry are to be transported shall thoroughly clean and disinfect the crate or container before poultry are loaded therein unless the crate or container is new or was thoroughly cleaned and disinfected following its last use for transporting poultry.

(2)[Repealed, SOR/98-409, s. 12] (repealed)

(3)Every owner or person in charge of a container from which animal manure, aircraft garbage or ship’s refuse, as those terms are defined in subsection 47.1(1), has been discharged under section 47.1 shall clean and disinfect it before it is used again.

^note

106#

(1)Every carrier shall clean and disinfect every railway car, aircraft or vessel that has been used for the transportation of poultry or livestock.

(2)[Repealed, SOR/97-85, s. 66] (repealed)

(3)An inspector may order a person in charge of a motor vehicle that has been used for the transportation of livestock to clean and disinfect, within a specified period of time, the motor vehicle at the nearest place where facilities for that purpose are available or at such other place as the inspector may specify.

(4)[Repealed, SOR/97-85, s. 66] (repealed)

(5)No person shall bring from a country other that the United States a conveyance that has been used to transport poultry, ruminants, equines or porcines unless it has been cleaned and disinfected.

(5.1)No person shall bring from the United States a conveyance that has been used to transport poultry or porcines unless it has been cleaned and disinfected.

(5.2)Subsection (5.1) does not apply to a conveyance

(a)that has transported Canadian porcines to a slaughtering establishment in the United States where inspection is provided by the Food Safety and Inspection Service of the United States Department of Agriculture and that has returned directly to Canada from that establishment;

(b)that has not transported porcines other than those mentioned in paragraph (a) while in the United States;

(c)that is not licensed to transport livestock between locations in the United States; and

(d)from which as much manure as could be removed with a shovel and broom at an ambient temperature of 20°C has, in fact, been removed.

(6)Every person in charge of a railway car, motor vehicle or container that has been used for the transportation of a commodity that is required to be cleaned and disinfected pursuant to section 107 shall immediately after it is unloaded clean and disinfect the railway car, vehicle or container.

(7)All yards, stables, sheds or other premises used by railway or steamship companies or other persons for the accommodation of animals shall be maintained in a sanitary condition and an inspector may order the person in charge of the yard, stable, shed or other premises to clean and disinfect the premises.

(8)Every railway company and motor carrier shall affix to both sides of every railway car or motor vehicle used to transport a commodity that is required to be cleaned and disinfected pursuant to section 107 a placard stating in bold face letters not less than 1 1/2 inches in height the words “Restricted Import Animal Product” “Produit animal importé sous restriction” and “Clean and Disinfect this Car” “Wagon à nettoyer et à désinfecter”.

(9)In this section, stockyard has the same meaning as in the Livestock and Livestock Products Act.

107#

Where a commodity that is

(a)raw wool, hair or bristles,

(b)untanned hides and skins,

(c)animal glands and organs, or

(d)gluestock,

has been imported into Canada from any country other than the United States, it shall be cleaned, disinfected or treated at the establishment approved by the Minister for that purpose and to which it was transported.^note

108#

Every place or thing required to be cleaned and disinfected pursuant to sections 104 to 106 shall be cleaned and disinfected

(a)where applicable, by removing all animal matter, manure, litter and refuse therefrom; and

(b)by applying a disinfectant under the supervision or to the satisfaction of an inspector.

109#

(1)A veterinary inspector may order the person conducting a public sale, auction or market of livestock to clean and disinfect the place where such sale, auction or market is conducted, under the supervision or to the satisfaction of an inspector within a time specified by the veterinary inspector.

(2)If the place where a public sale, auction or market of livestock is held is not thoroughly cleaned and disinfected in accordance with the notice of a veterinary inspector, no sale, auction or market of livestock shall be held in such place without the consent of the Minister.

Samples of Milk and Cream from Dairies, etc.

110#

Every sample of milk or cream supplied by the operator of a cheese factory, creamery or dairy on the request of the Minister pursuant to section 6 of the Act shall

(a)be refrigerated to a temperature not below 4°C (40°F) and not above 7°C (45°F); and

(b)contain potassium dichromate or other preservative of a strength and quantity that will preserve the sample but not affect the test results.

^note

Meat, Meat By-products or Carcasses in Feeding Livestock or Poultry

111#

[Repealed, SOR/2008-20, s. 1] (repealed)

112#

No person shall feed meat, meat by-products or food that is suspected to contain meat or meat by-products to swine or poultry, or permit swine or poultry to have access to the meat or by-products.^note

113#

Section 112 does not apply to any feed approved or registered under the Feeds Act.^note

113.1#

Subject to Part XIV, no person shall feed the carcass of an animal or part of one to livestock or poultry unless

(a)the carcass or part of it has been rendered in a rendering plant in respect of which a permit has been issued in accordance with Part XIV; or

(b)[Repealed, SOR/2008-20, s. 2] (repealed)

(c)it is processed in a manner which would prevent the introduction into Canada of any reportable disease or any other serious epizootic disease.

^note

Disposal of Diseased Carcasses

114#

A veterinary inspector may order a person who owns or has the possession, care or control of an animal that has died of, or is suspected of having died of, a communicable disease or that is destroyed under section 27.6, 37 or 48 of the Act to dispose of the carcass in any manner that the veterinary inspector specifies.^note

Animal Semen Production Centre

115#

(1)No person shall operate an animal semen production centre or collect or process semen from a ruminant or porcine except under and in accordance with a permit issued by the Minister under section 160.

(2)Subsection (1) does not apply to a person who collects animal semen that is used only for evaluating the quality of the semen and that is not used in or exposed to any live animal.

116#

Every person who operates an animal semen production centre shall immediately segregate any animal that has been exposed to a communicable disease from all other animals in the centre that have not been exposed to the disease, or remove the exposed animal from the centre.^note

117#

(1)No person shall collect in an animal semen production centre or store in or distribute from such a centre or from an animal semen distribution centre, any animal semen that is affected with or has been exposed to a communicable disease that is capable of being transmitted in semen.

(2)Where animal semen that is affected with or has been exposed to a communicable disease that is capable of being transmitted in semen has been collected in an animal semen production centre or has been stored in such a centre or in an animal semen distribution centre, the person operating the centre shall immediately destroy the semen under the supervision of an inspector.

118#

Where an inspector finds that animal semen stored in an animal semen production centre or animal semen distribution centre or other place is contaminated by bacteria, a virus or any other micro-organism capable of introducing disease in animals, he may cause all or any semen of the animal from which the contaminated semen was collected to be destroyed or order the person having the possession, care or custody of the animal semen to destroy any or all of it.

119#

(1)Every person who operates an animal semen production centre shall keep and make available for inspection by an inspector a record showing

(a)the date each animal entered the centre;

(b)the name and address of the owner of each animal or of the person from whom the animal was acquired;

(c)the premises from which each animal entered the centre;

(d)all tests performed on each animal, the date and results of each test and the person who performed the tests;

(e)each date semen was collected from each animal, the quantity collected and the disposition of the semen;

(f)the identity of the semen that is stored in the centre; and

(g)the date each animal was removed from the centre, the reason for the removal and the disposition of each animal.

(2)Every person who collects, stores, distributes or sells animal semen shall keep and make available for inspection by an inspector

(a)a record of the dates and quantities of semen imported, exported, sold, distributed, used or otherwise disposed of; and

(b)a record of all semen stored by him identified as to the animals from which it was collected.

(3)Every record required to be kept pursuant to this section shall be in a form approved by the Minister and shall be maintained for a minimum period of seven years.

^note

Part XI · Veterinary Biologics

120#

In this Part,

manufacture does not include the sole process of labelling; (fabriquer)

veterinary biologic does not include an antibiotic except when it is used as a preservative or when it is an integral part of the veterinary biologic. (produit biologique vétérinaire)

^note

Permits to Release Veterinary Biologics

120.1#

In sections 120.2 to 120.6,

confinement procedure means any physical, chemical, operational or biological control, or any combination thereof, intended to restrict the exit or dispersal from confinement of a veterinary biologic that contains an organism or a part or product of an organism; (méthode de confinement)

containment means containment in accordance with the Laboratory Biosafety Guidelines established by the Department of National Health and Welfare and the Medical Research Council of Canada and published in 1990, as amended from time to time; (confinement)

environment means the components of the Earth and includes

(a)air, land and water,

(b)all layers of the atmosphere,

(c)all organic and inorganic matter and living organisms, and

(d)the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)

live genetically modified veterinary biologic means a live veterinary biologic that contains or is made from an organism and is produced by recombinant DNA technology; (produit biologique vétérinaire vivant et génétiquement modifié)

release means any discharge or emission of a veterinary biologic into the environment. (dissémination)

^note

120.2#

(1)In this section, organism includes a part or product of an organism.

(2)Sections 120.3 to 120.6 do not apply in respect of

(a)a veterinary biologic

(i)in respect of which a product licence has been issued, or

(ii)that contains only organisms that are

(A)the same as organisms contained in a veterinary biologic referred to in subparagraph (i), or

(B)of a species that is substantially equivalent to a species of organisms contained in a veterinary biologic referred to in subparagraph (i), in terms of pathogenicity, host specificity, potential impact on non-target organisms, on biodiversity and on biogeochemical cycles, mode of action, persistence and dispersal in the environment and gene flow; and

(b)the release of a veterinary biologic, that contains organisms, under containment or in accordance with confinement procedures in a manner that prevents the dissemination of any genetic material from the veterinary biologic into the environment.

^note

120.3#

(1)Subject to subsection (2), no person shall release a veterinary biologic unless the person

(a)submits an application for a permit for the proposed release to the Minister, accompanied by sufficient information, including the information referred to in section 120.4, to enable the Minister to determine whether the proposed release is

(i)unlikely to result in the introduction into Canada or the spread within Canada of any vector, disease or toxic substance, and

(ii)unlikely to pose a risk of harm to the environment or to human or animal health; and

(b)is issued a permit for the proposed release under section 160.

(2)Where the accompanying information that is required to be provided to the Minister pursuant to paragraph (1)(a) in respect of the proposed release of a veterinary biologic is the same as information that has already been provided to the Minister before the coming into force of sections 120.1 and 120.2, this section and sections 120.4 to 120.6, or that is provided on or after the coming into force of sections 120.1 and 120.2, this section and sections 120.4 to 120.6 in relation to an application for another permit, the information is not required to be provided again.

^note

Information Requirements

120.4#

(1)The accompanying information that is required to be provided by a person to the Minister pursuant to paragraph 120.3(1)(a) includes the following:

(a)the name of the person or body responsible for the proposed release and the name of the person who will be in charge of carrying out the release;

(b)in the case of a live genetically modified veterinary biologic

(i)a description of the donor organism and the methods of incorporation of the genes from the donor organism into the host, and

(ii)a description of the live genetically modified veterinary biologic, including details relating to expression of the new gene and the stability of the incorporation of the new gene, and a comparison of the characteristics of the live genetically modified organism with those of the unmodified organism;

(c)the protocol followed in preparing the veterinary biologic and any diluent to be used with it;

(d)the procedures to be followed in handling, storing, administering, testing, releasing and disposing of the veterinary biologic and any diluent to be used with it;

(e)the tests used to establish the purity, safety, potency and efficacy of the veterinary biologic and the purity and safety of any diluent used with it, and the results of all the tests;

(f)the proposed starting date, time period and site of the release;

(g)the proposed measures to mitigate any risk of harm to the environment or to human or animal health; and

(h)any other information in respect of the veterinary biologic that is relevant to identifying any risk of harm to the environment or to human or animal health.

(2)The information required by paragraph (1)(h) or any part of that information may be omitted if the Minister determines, on the basis of a written scientific rationale provided by the person referred to in subsection (1), that the information or part is not relevant or cannot practicably be obtained and is not required for the issuance of a permit under section 120.5, and notifies the person of that determination.

^note

Issuance of Permits

120.5#

(1)The Minister may issue a permit for the release of a veterinary biologic under section 160 where the Minister, in addition to being satisfied that the proposed release meets the criteria set out in subsection 160(1.1), is satisfied that, to the best of the Minister’s knowledge and belief, the proposed release is unlikely to pose a risk of harm to the environment or to human or animal health.

(2)In evaluating the risk of harm to the environment and to human and animal health for the purposes of subsection (1), the Minister shall

(a)consider such matters as

(i)the effects of the proposed release on the environment and on human and animal health, and

(ii)the magnitude of the exposure to the environment of the veterinary biologic involved in the proposed release; and

(b)assess whether the veterinary biologic will enter or may enter the environment in a quantity or concentration or under conditions

(i)having or that may have an immediate or long-term harmful effect on the environment or on human or animal health,

(ii)constituting or that may constitute a danger to the environment on which human or animal life depends, or

(iii)constituting or that may constitute a danger in Canada to human or animal life or health.

(3)In addition to the conditions referred to in paragraph 160(2)(b), a permit for the release of a veterinary biologic shall contain such conditions as the Minister considers advisable to prevent harm to the environment or to human or animal health.

(4)In addition to any of the reasons set out in any of paragraphs 160(3)(a) to (c), the Minister may cancel or suspend a permit for the release of a veterinary biologic if the Minister has reason to believe that failure to do so could result in harm to the environment or to human or animal health.

^note

New Information Requirements

120.6#

(1)Where, at any time after the applicant submits an application for a permit referred to in paragraph 120.3(a) or is issued a permit for the release of a veterinary biologic under section 160, the applicant becomes aware of any new information regarding the risk of harm to the environment or to human or animal health, or the risk of introducing into Canada or spreading within Canada any vector, disease or toxic substance, that could be caused as a result of the release, the applicant shall immediately provide the new information to the Minister.

(2)Where the Minister, on the basis of the new information provided by an applicant pursuant to subsection (1), re-evaluates the risk of harm to the environment and to human and animal health posed by the release and determines that there is

(a)a risk that is less than was apparent at the time that information was first provided or at the time any new information was subsequently provided, the Minister may

(i)where the release has already been authorized, maintain the existing conditions respecting the release,

(ii)change the conditions respecting the release, or

(iii)remove any conditions respecting the release;

(b)a risk that is greater than was apparent at the time that information was first provided or at the time any new information was subsequently provided, the Minister may amend the permit for the release by

(i)imposing additional conditions respecting the release, or

(ii)changing the conditions respecting the release; or

(c)an unacceptable risk, the Minister shall

(i)refuse to issue a permit for the release, or

(ii)where a permit for the release has already been issued, cancel the permit and require the applicant to stop the release and to take any appropriate action necessary to eliminate or minimize the risk.

(3)In re-evaluating the risk of harm to the environment and to human and animal health on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 120.5(2)(a) and make the assessment referred to in paragraph 120.5(2)(b).

^note

Permits to Import

121#

(1)No person shall import a veterinary biologic into Canada unless the person does so under and in accordance with a permit issued by the Minister.

(1.1)Where a permit referred to in subsection (1) has been issued, the veterinary biologic shall be shipped directly to Canada from the manufacturer’s premises or from such other premises, in which veterinary biologics may be lawfully manufactured under the applicable foreign laws, that were designated in the application for the permit.

(2)[Repealed, SOR/95-475, s. 4] (repealed)

122#

(1)Subject to subsection (2), every applicant for a permit to import a veterinary biologic into Canada shall include with his application

(a)when requested by the Minister, such samples of the veterinary biologic and any diluent to be used therewith as will enable the Minister to analyse the veterinary biologic;

(b)a product outline;

(c)the results of such tests of the veterinary biologic as will enable the Minister to analyse the veterinary biologic;

(d)a sample of each package and container used or to be used for packing the veterinary biologic and any diluent to be used therewith;

(e)a copy of the instructions or other written material to be included with each package or container of a veterinary biologic;

(f)a copy of every label, tag or other marking to be attached to, marked on or contained in every package or container in which a veterinary biologic is to be packed;

(g)the names of all persons to be employed in the manufacture or testing of the veterinary biologic and information with respect to the education, qualifications and experience of such persons; and

(h)any information the Minister may require in order to determine, in the course of assessing the safety of the veterinary biologic, whether the introduction of the veterinary biologic into the environment could result in the spread within Canada of a vector, disease or toxic substance that would have a harmful effect on human or animal health.

(2)Where the Minister has issued a permit to a person to import a veterinary biologic into Canada, he may issue a permit

(a)to that person to import the veterinary biologic into Canada in any subsequent year, and

(b)to any other person to import the veterinary biologic into Canada,

and that person is exempt from any of the requirements of subsection (1) as the Minister may specify.

(3)The Minister shall furnish the applicant referred to in subsection (1) with a report showing the result of any test performed on the sample supplied pursuant to paragraph (1)(a).

(4)Every person to whom a permit is issued to import a veterinary biologic shall

(a)keep and make available for inspection by a veterinary inspector a record in a form approved by the Minister with respect to the importation, sale and distribution of the veterinary biologic and retain that record for at least two years following the expiration date of the veterinary biologic to which the record relates; and

(b)furnish the Minister with such samples of the veterinary biologic as the Minister may require from time to time.

^note

Establishment Licence and Product Licence

123#

No person shall prepare, manufacture, preserve, pack, label or test a veterinary biologic for use in Canada or for export unless the person does so under and in accordance with an establishment licence issued by the Minister.^note

124#

No person shall manufacture a veterinary biologic for use in Canada or for export unless the person does so under and in accordance with a product licence issued by the Minister.^note

125#

[Repealed, SOR/97-85, s. 72] (repealed)

126#

Subject to section 127, every applicant for a product licence shall include with his application the material and information referred to in subsection 122(1).

127#

Where the Minister has issued a product licence to a person, he may issue a product licence to such person in any subsequent year and that person is exempt from any of the requirements of subsection 122(1) as the Minister may specify.

Requirements of Operation in a Licensed Establishment

128#

(1)No person shall prepare, manufacture, preserve, pack, label, store or test a veterinary biologic in a licensed establishment unless

(a)the establishment and the equipment therein is sound in construction, clean, in good repair and equipped with means to maintain it in a sanitary condition;

(b)the area immediately adjacent to the establishment is clean and protected against the incursion of animals;

(c)animal wastes, effluents from processing or testing, contaminated matter and dead animals are decontaminated before being removed or discharged from the establishment;

(d)the floors and walls of every room and area in which a veterinary biologic is prepared, manufactured, preserved or tested are of a hard finish suitable for cleaning;

(e)the establishment has drainage, plumbing and sewerage that are

(i)adequate to handle all wastes, and

(ii)equipped with suitable traps and vents;

(f)the establishment has dressing rooms, lavatories and showers that are

(i)adequate in size and equipment for the number of persons using them, and

(ii)well lighted and ventilated to the outside;

(g)eating rooms, if provided, are separate from, and do not lead directly into, any room used for preparing, manufacturing, preserving, storing, testing, packing or labelling a veterinary biologic;

(h)rooms or areas are provided, where required, that are capable of being maintained at a uniform and constant temperature within any desired range and are equipped with thermometers that provide a continuous permanent record of temperature;

(i)means are provided for warning of any failure of power or equipment or any change in the required temperature;

(j)rooms, areas and equipment are provided, where required, that are capable of being maintained free of air-borne contaminants to any desired degree and preventing the escape of micro-organisms therefrom;

(k)animals being used in a testing program or for any special purpose are segregated from all animals not being used in such program or for such purpose;

(l)a separate room is provided for animals being examined or tested

(i)ante mortem, and

(ii)post mortem; and

(m)every person employed therein is qualified to perform the task assigned to him.

(2)Every holder of a licence issued under these Regulations shall without delay inform the Minister of any change or addition to the material or information furnished to the Minister for the purpose of obtaining the licence.

(3)Every person employed in a licensed establishment shall

(a)[Repealed, SOR/97-85, s. 73] (repealed)

(b)be immunized against diseases likely to be encountered therein; and

(c)wear clothing and use equipment adequate to protect him against all hazards likely to be encountered therein.

(4)Unless otherwise permitted by a veterinary inspector, no veterinary biologic shall be tested in a licensed establishment except in a separate room or building that is used exclusively for testing veterinary biologics.

(5)No diagnostic examination or procedure involving the use of

(a)a dead or diseased animal,

(b)diseased animal matter, or

(c)an unidentified culture of micro-organisms, fungi or moulds

shall be conducted in a licensed establishment except in a room or area separate from and not leading into any room or area used for preparing, manufacturing, preserving, storing or testing a veterinary biologic.

(6)Unless otherwise permitted by a veterinary inspector, no research or experimentation shall be conducted in a licensed establishment except in a room or area separate from and not leading into any room or area used for preparing, manufacturing, preserving, storing or testing a veterinary biologic.

129#

(1)Every holder of a product licence shall

(a)keep and make available for inspection by a veterinary inspector records with respect to the preparation, manufacture, preservation, storage, testing, sale and distribution of every veterinary biologic manufactured under the product licence and any diluent to be used therewith; and

(b)furnish the Minister with such samples of the veterinary biologic as the Minister may require from time to time.

(2)Every record referred to in paragraph (1)(a) shall be retained by the licensee for at least two years following the expiration date of the veterinary biologic to which it relates.

^note

130#

No person shall sell for use in Canada or for export a veterinary biologic or any diluent to be used with it if the veterinary biologic or diluent has been prepared, manufactured, preserved, packed, labelled or tested otherwise than in the manner described in the product outline.^note

130.1#

Every veterinary biologic imported, sold, advertised or offered for sale in Canada shall be stored at a temperature between 2°C and 7°C unless otherwise stated in the product outline or the labelling.^note

131#

Where the Minister is satisfied from tests of a veterinary biologic, or otherwise, that a veterinary biologic is unsafe to use, is likely to cause communicable disease in animals or is contaminated or ineffective, he may, by order, prohibit the importation, manufacture, sale or distribution of the veterinary biologic.^note

131.1#

(1)Where an emergency exists with respect to the availability of and need for a veterinary biologic, the Minister may exempt that veterinary biologic from the application of any of the provisions of these Regulations during the period of the emergency.

(2)An exemption referred to in subsection (1) shall be in writing and shall state the veterinary biologic that is exempted, the provision or provisions of these Regulations from which it is exempted and the reasons for that exemption.

(3)The Minister may at any time cancel the exemption referred to in subsection (1).

^note

132#

(1)No person shall sell, advertise or offer for sale a veterinary biologic unless it is packaged and labelled in accordance with these Regulations.

(2)All information required by section 134 to be shown on the label of a veterinary biologic

(a)shall be clearly and prominently displayed on the label; and

(b)shall be readily visible by a purchaser under the customary conditions of purchase and use.

^note

133#

Every veterinary biologic sold, advertised or offered for sale in Canada shall carry a label.^note

134#

(1)Subject to subsection (2), every label of a veterinary biologic sold, advertised or offered for sale in Canada shall show

(a)the assigned name of the veterinary biologic,

(b)the name of the manufacturer of the veterinary biologic or, if there is more than one manufacturer of that veterinary biologic, the name of the first or the name of the final manufacturer,

(c)the place where the manufacturer referred to in paragraph (b) manufactures the veterinary biologic,

(d)the lot or serial number or other means of identifying the veterinary biologic,

(e)the same establishment licence number, whether Canadian or foreign, on all components of the label except that the Minister may, in writing, exempt from that requirement diluents manufactured in Canada,

(f)directions for use of the veterinary biologic or that directions for its use are contained inside the package,

(g)the expiration date of the veterinary biologic,

(h)the components of the veterinary biologic, including

(i)viruses, bacteria, toxoids and antibodies, and

(ii)antibiotics, if added during the production process as preservatives,

(iii)[Repealed, SOR/80-428, s. 11] (repealed)

(i)the net quantity of the veterinary biologic in the container, expressed in metric units or in doses,

(j)the temperature range, expressed in metric units, necessary to maintain prescribed potency of the veterinary biologic,

(k)in the case of a veterinary biologic manufactured for use in food producing animals, the cautionary statement indicating the appropriate withdrawal period as stated in the product outline on the basis of which the import permit or product licence was issued, and

(l)the words “For veterinary use only” and “Pour usage vétérinaire seulement” or other wording to the same effect, and

(m)any cautionary information necessary to ensure the safe handling and use of the veterinary biologic.

(2)Where the label of a veterinary biologic is too small to show all the information required by subsection (1), any such information as the Minister may permit may be shown on the directions for use inside the package.

(3)Subject to subsection (4), the information required by subsection (1), as well as any supplemental information appearing on the label, shall be shown in both official languages, and may additionally be shown in whole or in part in any other language.

(4)A person may sell, advertise or offer for sale in Canada a veterinary biologic that is labelled in only one official language if

(a)the Minister determines that the veterinary biologic is needed for research or emergency use; and

(b)the person undertakes to ensure its safe storage, handling and administration.

134.1#

No person shall sell or offer for sale a veterinary biologic after its expiration date.^note

134.2#

(1)Except as provided in subsection (2), no person shall sell or offer for sale a rabies vaccine to anyone other than a veterinarian of the Department of Agriculture of Canada or a veterinarian who holds a valid licence to practice veterinary medicine issued by the veterinary licensing body of a province.

(2)Subsection (1) does not apply in respect of rabies vaccine that is sold or offered for sale in accordance with the written permission granted by the Minister for its use

(a)in a temporary emergency veterinary clinic; or

(b)in a remote area where veterinary services are not readily available.

^note

135#

(1)No person shall, in any advertisement for the sale of a veterinary biologic, make any claim with respect to the purity, safety, potency and efficacy of the veterinary biologic that is not supported by the product outline for such veterinary biologic.

(2)No person shall, in any advertisement for the sale of a veterinary biologic, make any representation that is false, misleading or deceptive or that is likely to create an erroneous impression regarding the character, value, quality, composition, merit or safety of the advertised veterinary biologic.

(3)[Repealed, SOR/97-85, s. 75] (repealed)

135.1#

Every holder of a licence or permit issued under this Part shall report to the Minister, in writing, any information concerning, or any evidence of, a significant deficiency in safety, potency or efficacy of a veterinary biologic within 15 days after the date on which that information or evidence is known to the holder.^note

Part XII · Transport of Animals

Interpretation

136#

(1)The following definitions apply in this Part.

assembly centre means a place to which animals are transported for the purpose of assembly and includes an auction market, an assembly yard and a holding facility, other than a slaughter establishment, that holds, on behalf of a slaughter establishment, animals that are destined soon afterwards for slaughter at that slaughter establishment. (centre de rassemblement)

commercial carrier means

(a)the owner of a motor vehicle who is engaged in the business of transporting animals by land for financial benefit;

(b)the owner of an aircraft who is engaged in the business of transporting animals by air for financial benefit;

(c)the owner of a vessel who is engaged in the business of transporting animals by water for financial benefit; or

(d)a railway company. (transporteur commercial)

compromised, in respect of an animal, means an animal that

(a)is bloated but has no signs of discomfort or weakness;

(b)has acute frostbite;

(c)is blind in both eyes;

(d)has not fully healed after a procedure, including dehorning, detusking or castration;

(e)is lame other than in a way that is described in the definition unfit;

(f)has a deformity or a fully healed amputation and does not demonstrate signs of pain as a result of the deformity or amputation;

(g)is in a period of peak lactation;

(h)has an unhealed or acutely injured penis;

(i)has a minor rectal or minor vaginal prolapse;

(j)has its mobility limited by a device applied to its body including hobbles other than hobbles that are applied to aid in treatment;

(k)is a wet bird; or

(l)exhibits any other signs of infirmity, illness, injury or of a condition that indicates that it has a reduced capacity to withstand transport. (fragilisé)

confine means, for the purpose of transporting an animal, to hold an animal in a conveyance or container from the time that the animal is in the conveyance or container until the time that the animal is out of the conveyance or container. (confinement)

container means a structure that is moveable, that has rigid sides and a rigid bottom and may have a cover and that is used to confine an animal and includes a cargo container and a crate. (caisse)

humanely kill means to kill as rapidly as possible with the least possible pain, suffering, fear and anxiety and includes to slaughter in accordance with applicable legislation. (tuer sans cruauté)

nutritional deficit means an inadequate amount of feed or deprivation of feed that causes behavioural or physiological effects. (déficit nutritionnel)

safe water means potable water or water that does not pose a risk to the health of the animal drinking it. (eau salubre)

unfit, in respect of an animal, means an animal that

(a)is non-ambulatory;

(b)has a fracture that impedes its mobility or causes it to exhibit signs of pain or suffering;

(c)is lame in one or more limbs to the extent that it exhibits signs of pain or suffering and halted movements or a reluctance to walk;

(d)is lame to the extent that it cannot walk on all of its legs;

(e)is in shock or is dying;

(f)has a prolapsed uterus or a severe rectal or severe vaginal prolapse;

(g)exhibits signs of a generalized nervous system disorder;

(h)is a porcine that is trembling, has difficulty breathing and has discoloured skin;

(i)has laboured breathing;

(j)has a severe open wound or a severe laceration;

(k)has sustained an injury and is hobbled to aid in treatment;

(l)is extremely thin;

(m)exhibits signs of dehydration;

(n)exhibits signs of hypothermia or hyperthermia;

(o)exhibits signs of a fever;

(p)has a hernia that

(i)impedes its movement, including when a hind limb of the animal touches the hernia as the animal is walking,

(ii)causes the animal to exhibit signs of pain or suffering,

(iii)touches the ground when the animal is standing in its natural position, or

(iv)has an open wound, ulceration or obvious infection;

(q)is in the last 10% of its gestation period or has given birth during the preceding 48 hours;

(r)has an unhealed or infected navel;

(s)has a gangrenous udder;

(t)has severe squamous cell carcinoma of the eye;

(u)is bloated to the extent that it exhibits signs of discomfort or weakness;

(v)exhibits signs of exhaustion; or

(w)exhibits any other signs of infirmity, illness, injury or of a condition that indicates that it cannot be transported without suffering. (inapte)

(2)For the application of this Part,

(a)loading of an animal begins when the animal is handled, moved or caught for the purpose of confining it in a conveyance or a container and ends when the animal is confined in the conveyance, or if it is confined in a container, when the container is placed on the conveyance;

(b)in the case of an animal that is confined in a conveyance, unloading of the animal begins when the animal is handled or moved for the purpose of removing it from the conveyance and ends when the animal is removed from the conveyance or from any ramp, gangway, chute, step or apparatus used for unloading the animal; and

(c)in the case of an animal that is confined in a container, unloading of the animal begins when the container is handled or moved for the purpose of removing it from the conveyance and ends when the container is removed from the conveyance and the animal is removed from the container.

(3)An animal that is both compromised and unfit as defined in subsection (1), is deemed not to be compromised.

Application

137#

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

Knowledge and Skills

138#

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.^note

Training

138.1#

(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).

^note

Contingency Plans

138.2#

(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.

^note

Assessment and Monitoring of Risk Factors Related to Transport

138.3#

(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).

^note

Unfit Animals

139#

(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.

^note

139.1#

(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.

^note

139.2#

(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.

^note

Compromised Animals

140#

(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.

140.1#

(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.

^note

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

141#

(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.

^note

Lactating Animals

142#

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.^note

Young Ruminants

143#

(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.

^note

Animal Handling

144#

(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.

145#

(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.

Protection from Inadequate Ventilation and Weather Conditions

146#

No person shall load, confine or transport an animal in or unload an animal from a conveyance or container, or cause one to be so loaded, confined, transported or unloaded, if the animal is likely to suffer, sustain an injury or die due to inadequate ventilation or by being exposed to meteorological or environmental conditions.^note

Exposure to Toxic or Noxious Things

146.1#

No person shall load, confine or transport an animal in or unload an animal from a conveyance or container, or cause one to be so loaded, confined, transported or unloaded, if the animal is likely to suffer, sustain an injury or die by being exposed to anything that is toxic or noxious, including exhaust from the conveyance.^note

Space Requirements

147#

(1)No person shall load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container unless

(a)in the case of livestock, cervids, camelids and ratites, the animal is able to stand at all times within the conveyance or container with all feet on the floor, with head elevated, with sufficient space to permit a full range of head movement and without any part of its body coming into contact with a deck, roof or top of the conveyance or cover of the container;

(b)in the case of poultry, other than ratites, confined in a container, the animal is able to maintain a squatting or sitting position with sufficient space to permit a full range of head movement without coming into contact with the cover of the container; and

(c)in the case of all other animals, and poultry that is not confined in a container, the animal is able to maintain its preferred position with sufficient space to permit a full range of head movement.

(2)No person shall load, confine or transport an equine, or cause an equine to be loaded, confined or transported by land, in a conveyance that has more than one deck.

Overcrowding

148#

(1)No person shall load an animal, or cause one to be loaded, in a conveyance or container, other than a container that is used to transport an animal in an aircraft, in a manner that would result in the conveyance or container becoming overcrowded, or transport or confine an animal in a conveyance or container, or cause one to be transported or confined, in a conveyance or container that is overcrowded.

(2)For the purposes of subsection (1), overcrowding occurs when, due to the number of animals in the container or conveyance,

(a)the animal cannot maintain its preferred position or adjust its body position in order to protect itself from injuries or avoid being crushed or trampled;

(b)the animal is likely to develop a pathological condition such as hyperthermia, hypothermia or frostbite; or

(c)the animal is likely to suffer, sustain an injury or die.

148.1#

No person shall transport an animal by air, or cause one to be transported by air, unless it is transported in a container that meets the stocking density guidelines that are set out in the Live Animals Regulations, 44th edition, published by the International Air Transport Association, as amended from time to time.^note

Isolation

149#

(1)No person shall load, confine, transport or unload incompatible animals, or cause incompatible animals to be loaded, confined, transported or unloaded, in the same conveyance or container unless they are isolated from one another.

(2)For the purposes of subsection (1), animals are incompatible if any of the animals are likely to suffer, sustain an injury or die if they are loaded, confined, transported or unloaded together.

Conveyances and Containers

150#

(1)No person shall load, confine or transport an animal, or cause one to be loaded, confined or transported, in a conveyance or container unless the conveyance and the container, if the animal is in a container, are designed, constructed, equipped, maintained and used to prevent the animal’s suffering, injury or death and the conveyance and the container, if the animal is in a container, meet the following conditions:

(a)they are suitable for the species of animal;

(b)they prevent the animal’s escape;

(c)they provide adequate ventilation for each animal;

(d)they provide a floor that prevents the animal from tripping, slipping and falling;

(e)they are not likely to collapse or topple over;

(f)they do not have exposed bolt heads, angles or other projections;

(g)they do not contain objects that are unsecured;

(h)they have no insecure fittings;

(i)they can be cleaned except in the case of a container that is used for one-time animal transport; and

(j)in the case of a container, the animal is visible from outside the container or at least two of the container’s outer sides have a readily visible sign or symbol indicating the presence within of a live animal and a readily visible sign or symbol indicating the upright position of the container.

(2)Subsection (1) does not apply to a container that is used to confine or transport an animal in an aircraft.

(3)No person shall load, confine or transport, or cause to be loaded, confined or transported, livestock, cervids, camelids or ratites in a conveyance or container unless the conveyance or, if the animal is in a container, the container has a floor that is strewn with sufficient sand, straw, wood shavings or other bedding material to absorb and prevent the pooling or escape of water, urine and liquid manure.

(4)No person shall confine or transport an animal in a container unless the container is secured to the conveyance in a manner that prevents it from moving during transport.

(5)No person shall transport an animal by air, or cause an animal to be transported by air, unless it is transported in a container that meets the design and construction requirements that are set out in the Live Animals Regulations, 44th edition, published by the International Air Transport Association, as amended from time to time.

Vessels

151#

(1)No person shall load, confine or transport livestock and poultry, or cause them to be loaded, confined or transported, in a vessel unless

(a)the vessel is equipped with passageways to permit the care of the livestock and poultry;

(b)the vessel is equipped with an enclosed area or pen to accommodate livestock and poultry that become injured, ill, compromised or unfit during transport;

(c)the vessel is equipped with lighting — including emergency lighting — that is appropriate to permit the care of the livestock and poultry;

(d)the vessel has on board lighting equipment that is appropriate to enable the examination of the livestock and poultry;

(e)the vessel has on board humane killing devices that are in good working order and are an appropriate type for the species, sex, age and weight of the livestock and poultry;

(f)the vessel has on board a sufficient quantity and type of supplies, including medication, for the care of the livestock and poultry on the vessel taking into account the species of the livestock or poultry and the duration of the transport; and

(g)the vessel has on board dispensing systems to provide feed and safe water to the livestock and poultry.

(2)The sea carrier shall have a person on board the vessel who is trained to use the humane killing devices that are on board the vessel.

(3)The sea carrier shall have an appropriate number of trained persons on board the vessel to provide for the care of the livestock and poultry.

(4)Every sea carrier shall, before departure, have on board the vessel,

(a)a sufficient amount of feed and safe water for each animal to be transported, having regard to the expected duration of the transport, to prevent a nutritional deficit and to prevent them from becoming dehydrated; and

(b)an additional one-day supply of feed and safe water for each animal based on the amount determined in paragraph (a) for every period of four days or less of the expected duration of the transport.

(5)The sea carrier shall store the feed and safe water in a place and in a manner that will prevent the feed and safe water from posing a risk to the animal’s health and from otherwise becoming unsuitable for their consumption.

^note

151.1#

If the duration of the transport of the livestock and poultry is expected to exceed six hours, the sea carrier or vessel master shall, at least 24 hours before the departure, provide a veterinary inspector with the following information:

(a)the planned date and time of departure from the port of origin and arrival at the destination;

(b)the name of the person who will be in charge of caring for the livestock and poultry; and

(c)the procedures for communication that would allow the person who is in charge of caring for the livestock and poultry to obtain veterinary advice as required during transport.

^note

151.2#

No person shall confine or transport livestock and poultry on a vessel, or cause them to be confined or transported on a vessel, in the vicinity of an engine casing or any boiler room casing if it is likely to cause the livestock or poultry to suffer, sustain an injury or die unless the casing is covered and insulated to prevent that suffering, injury or death.^note

Feed, Safe Water and Rest

152#

At the time of loading an animal for transport, a commercial carrier or any other person transporting the animal in the course of business or for financial benefit shall determine the date, time and place where the animal was last fed, watered and rested.^note

152.1#

(1)No person shall load, confine or transport an animal in a conveyance or container, or cause one to be so loaded, confined or transported, unless the person provides the animal with

(a)feed of an appropriate type for its species, age and condition and in amounts that are sufficient to prevent a nutritional deficit;

(b)safe water in amounts that are sufficient to prevent the animal from becoming dehydrated; and

(c)rest that is appropriate for its species, age and condition to prevent the animal from suffering from exhaustion.

(2)In order to meet the requirements set out in subsection (1), every person who loads, confines or transports an animal in a conveyance or container shall monitor the animal on a regular basis.

^note

152.2#

(1)No person shall load, confine or transport an animal in or unload an animal from a conveyance or container, or cause one to be so loaded, confined, transported or unloaded, unless the person provides the animal with feed, safe water and rest at intervals that do not exceed the following:

(a)12 hours for any compromised animals;

(b)in the case of safe water, 24 hours for broiler chickens, spent laying hens and rabbits and in the case of feed and rest for those animals, 28 hours;

(c)28 hours for equines and porcines; and

(d)36 hours for all other animals.

(2)Despite subsection (1), no person shall load, confine or transport newly hatched poultry in or unload such animals from a conveyance or container, or cause them to be so loaded, confined, transported or unloaded, unless the person provides them with feed, safe water and rest within 72 hours after the time of hatching.

(3)Despite subsection (1), no person shall load, confine or transport ruminants that are too young to be fed exclusively on hay and grain and livestock, camelids or cervids of eight days of age or less in or unload such animals from a conveyance or container, or cause them to be so loaded, confined, transported or unloaded, unless the person provides them with feed, safe water and rest within 12 hours after the time they were last provided with feed, safe water and rest prior to loading.

(4)For the purposes of subsection (1), an interval begins

(a)in the case of feed, when the animal was last fed;

(b)in the case of safe water, when the animal was last given safe water; and

(c)in the case of rest, when the animal was last rested for a minimum of eight consecutive hours.

^note

152.3#

Every person who loads, confines or transports an animal in or unloads an animal from a conveyance or container shall ensure that the following conditions are met whenever the conveyance is stopped for the purpose of providing feed, safe water and rest to the animal:

(a)equipment that is designed, constructed and maintained to feed and water the animal is used;

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

(c)floors that are well-drained and clean are provided so that the animal is not likely to trip, slip, fall, suffer, sustain an injury or die;

(d)sufficient straw or other bedding is provided so that the animal is not likely to suffer, sustain an injury or die;

(e)sufficient straw or other bedding is provided so that the animal is kept clean and dry;

(f)protection from meteorological and environmental conditions is provided so that the animal is not likely to suffer, sustain an injury or die; and

(g)adequate ventilation is provided so that the animal is not likely to suffer, sustain an injury or die.

^note

152.4#

(1)Section 152.2 does not apply in the case of an animal that is loaded, confined or transported in a conveyance if the conveyance meets the following conditions:

(a)it is equipped with a dispensing system that is designed, constructed and maintained so that feed is available to the animal as required;

(b)it is equipped with a dispensing system that is designed, constructed and maintained so that safe water is available to the animal at all times;

(c)it is equipped with forced ventilation that is designed, constructed, maintained and used so that adequate ventilation is provided to the animal at all times;

(d)it is equipped with a rigid exterior with adjustable venting that is designed, constructed, maintained and used so that adequate ventilation is provided to the animal and the animal is protected from meteorological and environmental conditions at all times;

(e)it is equipped with a system that electronically monitors and records temperatures and humidity in the parts of the conveyance where the animal is most likely to be exposed to temperatures and humidity that would likely cause the animal to suffer, sustain an injury or die;

(f)it is equipped with a system that alerts the person operating the conveyance when a set high or low temperature or humidity reading in the conveyance is reached;

(g)it has sufficient space to allow the animal to lie down without lying on top of other animals;

(h)it has floors that are well-drained and clean so that the animal is not likely to trip, slip, fall, suffer, sustain an injury or die;

(i)it has sufficient straw or other bedding so that the animal is not likely to suffer, sustain an injury or die; and

(j)it has sufficient straw or other bedding so that the animal is kept clean and dry.

(2)Section 152.2 does not apply in the case of an animal that is loaded, confined or transported in a container that is in a conveyance that meets the conditions set out in subsection (1) if the container meets the following conditions:

(a)it is designed, constructed and maintained so that the animal in the container is able to access the feed dispensed by the feed dispensing system on the conveyance;

(b)it is designed, constructed and maintained so that the animal in the container is able to access, at all times, the safe water dispensed by the safe water dispensing system on the conveyance;

(c)it is designed, constructed and maintained so that the animal in the container is provided with adequate ventilation at all times;

(d)it has sufficient space to allow the animal to lie down without lying on top of other animals;

(e)it has floors that are well-drained and clean so that the animal is not likely to trip, slip, fall, suffer, sustain an injury or die;

(f)except in the case of rabbits and poultry, it has sufficient straw or other bedding so that the animal is not likely to suffer, sustain an injury or die; and

(g)it has sufficient straw or other bedding so that the animal is kept clean and dry.

^note

Transfer of Care

153#

(1)No person who transports an animal shall leave the animal at a slaughter establishment or assembly centre unless the person has provided the consignee with a written notice that the animal has arrived at the slaughter establishment or assembly centre and a document that contains the following information:

(a)the condition of the animal on arrival;

(b)the date and time when and the place where the animal was last fed, watered and rested; and

(c)the date and time of arrival of the animal at the slaughter establishment or assembly centre.

(2)The responsibility for the care of the animal is transferred from the person who transports the animal to the consignee as soon as the consignee acknowledges receipt of the notice and document.

(3)For greater certainty, the consignee who assumes responsibility for the care of an animal shall comply with the requirements with respect to feed, water and rest set out in sections 152.1 and 152.2.

Records

154#

(1)Every commercial carrier and any other person who transports animals in the course of business or for financial benefit shall, for each shipment of animals, make a record at the time of loading the animals that includes the following information:

(a)the name and address of the shipper, consignee and person operating the conveyance in which the animals are transported;

(b)the identifying number or registration number of the conveyance;

(c)the number of square metres or square feet of floor area available to the animals in the conveyance or, if the animals are in a container, in the container;

(d)the date and time when and the place where the conveyance or container was last cleaned and disinfected;

(e)the date and time when and the place where the animals are loaded;

(f)the number, description and weight of the animals; and

(g)the date and time when the animals were last fed, watered and rested prior to loading.

(2)Every person referred to in subsection (1) shall, as soon as possible, include in the record any changes to the information provided in subsection (1) and add the following information to the record:

(a)the date and time when and the place where the animals are fed, watered and rested; and

(b)the date, time and place of arrival of the animals at the destination.

(3)Every person referred to in subsection (1) shall, with each shipment of animals being transported, keep on board the original record or a copy of the record.

^note

Dead and Seriously Injured Animals

155#

Every air carrier and sea carrier that transports an animal from Canada shall, as soon as possible after arrival at the destination, send a document to the veterinary inspector at the port of embarkation respecting every animal that was seriously injured, has died or was killed during transport, stating in each case the cause of the injury or death.^note

156#

[Repealed, SOR/2019-38, s. 2] (repealed)

157#

[Repealed, SOR/2019-38, s. 2] (repealed)

158#

[Repealed, SOR/2019-38, s. 2] (repealed)

159#

[Repealed, SOR/2019-38, s. 2] (repealed)

Part XIII · Permits and Licences

Form and Conditions

160#

(1)Any application for a permit or licence required under the Act shall be in a form approved by the Minister.

(1.1)The Minister shall issue a permit or licence required under the Act if the Minister determines that the activity for which the permit or licence is issued would not, or would not be likely to, result in the introduction into or spread within Canada of a vector, disease or toxic substance or its introduction into another country from Canada.

(1.2)A permit or licence issued by the Minister under these Regulations may be issued as a general permit or licence to owners or persons having the possession, care or control of an animal or thing for which the permit or licence is issued.

(2)Any permit or licence required under the Act shall

(a)be in a form approved by the Minister; and

(b)contain such conditions as are necessary to prevent the introduction of communicable disease into Canada or into any other country from Canada and the spread of communicable disease within Canada.

(3)The Minister may cancel or suspend a permit or licence issued under the Act if he or she has reason to believe that

(a)any condition under which the permit or licence was issued or any condition contained in the permit or licence has not been complied with;

(b)any provision of the Act or these Regulations has not been complied with; or

(c)failure to do so could result in the introduction into or spread within Canada of a vector, disease or toxic substance or its introduction into another country from Canada.

160.1#

Every person who is subject to a permit or licence issued under the Act shall comply with the conditions contained in the permit or licence.^note

Issue of Licences by an Inspector

161#

(1)An inspector may issue a licence authorizing the marketing, selling, disposing, exposing for sale or transporting of animals or things affected with or suffering from or suspected of being affected with or suffering from infectious or contagious disease.

(2)A licence issued pursuant to subsection (1) may state how, when and where animals or things affected with or suffering from or suspected of being affected with or suffering from infectious or contagious disease may be marketed, sold, disposed of, exposed for sale or transported.

(3)A licence issued pursuant to subsection (1) is valid only when used by the person to whom it is issued.

(4)No person shall sell or transfer a licence issued pursuant to subsection (1) to any other person.

Amendment

161.1#

The Minister may, whether on his or her own initiative or on the application of the holder, amend a permit or licence issued under the Act if the amendment is made as the result of new information, or a change in circumstance, that has been brought to the Minister’s attention and does not increase the risk of the introduction into or spread within Canada of a vector, disease or toxic substance or its introduction into another country from Canada.^note

Part XIV · Food for Ruminants, Livestock and Poultry, Rendering Plants, Fertilizers and Fertilizer Supplements

Prohibited Material

162#

(1)In this Part, prohibited material means anything that is, or that contains any, protein that originated from a mammal, other than

(a)a porcine or equine;

(b)milk or products of milk;

(c)gelatin derived exclusively from hides or skins or products of gelatin derived exclusively from hides or skins;

(d)blood or products of blood; or

(e)rendered fats, derived from ruminants, that contain no more than 0.15% insoluble impurities or their products.

(2)Prohibited material that has been treated in a manner approved by the Minister to inactivate the agents that cause transmissible spongiform encephalopathies is no longer prohibited material.

163#

(1)A person who identifies prohibited material by means of adding to it a marker or tracer substance that has been approved by the Minister in the manner specified in that approval, is not required to keep the records referred to in subsections 165(2) and 166(2) and section 171.

(2)Every person who identifies prohibited material in accordance with subsection (1) shall maintain a record of the manner in which the marker or tracer substance was added to the prohibited material.

^note

Feeding Prohibited Material to a Ruminant

164#

No person shall feed prohibited material to a ruminant.^note

Rendering Plants

165#

(1)No person shall operate a rendering plant unless the person does so under a permit issued in accordance with section 160.

(1.1)No person who operates a rendering plant shall manufacture a prohibited material on the same premises as material not prohibited from being fed to ruminants without having dedicated manufacturing lines, equipment and conveyances to prevent the mixing or contamination of material not prohibited from being fed to ruminants with or by prohibited material.

(2)Every person who operates a rendering plant shall keep a record of

(a)the date of production of all products of the rendering plant;

(b)whether or not any product of the rendering plant is, or contains any, prohibited material;

(c)the name, and quantity of, and any other information that is sufficient to identify, the products of the rendering plant; and

(d)the name and address of any person to whom any product of the rendering plant is distributed or sold and the information referred to in paragraph (c) with respect to that product.

(3)The records that are required by subsection (2) to be kept by a person who operates a rendering plant shall be kept by that person for 10 years from the date the requirement arises.

(4)No person who operates a rendering plant shall distribute or sell any product of the rendering plant that contains prohibited material unless the documentation required by these Regulations relating to the product and any label on any packaging or container containing the product is marked conspicuously, legibly and indelibly with the following statement:“Feeding this product to cattle, sheep, deer or other ruminants is illegal and is subject to fines or other punishment under the Health of Animals Act./Il est interdit d’en nourrir les boeufs, moutons, cerfs et autres ruminants et des amendes ou autres peines sont prévues à cet égard par la Loi sur la santé des animaux.”

Importation of Products of Rendering Plants

166#

(1)No person shall import any product of a rendering plant unless the person does so under a permit issued in accordance with section 160.

(2)Every person who imports or has the possession, care or control of any product of a rendering plant shall keep for 10 years a record of

(a)the name and address of the rendering plant and the date of production of the product;

(b)the name and address of the exporter;

(c)the name, lot number and quantity of the product and any other information that is sufficient to identify the product;

(d)the name and address of any person to whom any product is distributed or sold and the information referred to in paragraph (c) with respect to that product; and

(e)whether or not the product is, or contains any, prohibited material.

Importation or Sale of Products of Rendering Plants

167#

No person who imports or has the possession, care or control of a product of a rendering plant shall sell or distribute the product unless the documentation required by these Regulations relating to the product and any label on any packaging or container containing the product is marked conspicuously, legibly and indelibly with the statement referred to in subsection 165(4).^note

Recall Procedures

167.1#

(1)Every person who operates a rendering plant shall establish and maintain written procedures to facilitate an effective recall of the products of the plant.

(2)Every person who imports any product of a rendering plant shall establish and maintain written procedures to facilitate an effective recall of the product.

^note

Food and Food Ingredients

168#

No person shall import, manufacture, package, label, store, distribute, sell or advertise for sale any animal food for ruminants that contains prohibited material.^note

169#

No person shall import, manufacture, package, store, distribute, sell or advertise for sale any animal food for equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds that contains prohibited material unless the documentation required by these Regulations relating to the animal food and any label on any packaging or container containing the animal food is marked conspicuously, legibly and indelibly with a statement approved by the Minister that indicates that the animal food shall not be fed to ruminants.^note

170#

(1)No person shall have any prohibited material or anything, including an animal food for equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds, that contains prohibited material on the same premises or in the same conveyance as a product of a rendering plant that does not contain prohibited material or any animal food for ruminants, without having procedures to prevent the mixing or contamination of the rendering plant product or animal food for ruminants, with prohibited material.

(2)In a case referred to in subsection (1), the person shall

(a)ensure that the procedures are followed from the time the product or animal food is received until it leaves their possession, care or control; and

(b)keep for 10 years a written record of the rendering plant products, the animal food for ruminants and the prohibited material.

(3)If a person fails to comply with subsection (1),

(a)the person shall change the records to show that all of the product or animal food is prohibited material and any label on any packaging or container containing the product or animal food shall be marked conspicuously, legibly and indelibly with a statement approved by the Minister that indicates that the product or animal food shall not be fed to ruminants;

(b)all of the product or animal food shall be considered to be prohibited material for the purposes of section 164; and

(c)the person shall recall any product or animal food that may have been destined for feeding to ruminants if the product or animal food is found to contain prohibited material or if the Minister has reasonable grounds to believe that the product or animal food contains prohibited material.

^note

Recall Procedures

170.1#

Every person who imports, manufactures, packages, labels, stores, distributes, sells or advertises for sale any animal food for ruminants, equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds shall establish and maintain written procedures to facilitate an effective recall of the animal food.^note

170.2#

Every person who manufactures, imports, sells or distributes a fertilizer or fertilizer supplement containing prohibited material, other than a rendered fat, shall establish and maintain written procedures to facilitate an effective recall of the fertilizer or fertilizer supplement.^note

Records

171#

(1)Every person who manufactures animal food for ruminants, equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds shall keep, for 10 years, records that contain

(a)the formula for the animal food, including the name and weight of each ingredient used for each lot of the animal food;

(b)a mixing sheet that shows that each lot of the animal food has been produced in accordance with the formula referred to in paragraph (a);

(c)information as to whether or not the animal food contains any prohibited material;

(d)the date of preparation of the animal food;

(e)the lot number and any other information used to identify each lot of animal food; and

(f)the name and address of any person to whom any animal food is distributed or sold and a description of the food, including the name and quantity.

(2)Every person who imports, packages, stores, distributes, sells or advertises for sale animal food for ruminants, equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds shall keep, for 10 years, records that contain

(a)the name, the lot number and any other information used to identify the animal food;

(b)the name and address of any person to whom the animal food is distributed or sold and a description of the animal food, including the name and quantity; and

(c)information as to whether or not the animal food contains any prohibited material.

(3)Every person who owns or has the possession, care or custody of a ruminant shall keep copies of all invoices for animal food that contains prohibited material.

^note

171.1#

(1)Every person who manufactures a fertilizer or fertilizer supplement containing prohibited material, other than a rendered fat, shall keep for 10 years records that are sufficient

(a)to demonstrate that the person

(i)has not used specified risk material in any form, whether or not incorporated into another thing, as an ingredient of the fertilizer or fertilizer supplement, or

(ii)has used specified risk material in any form, whether or not incorporated into another thing, as an ingredient of the fertilizer or fertilizer supplement only in accordance with a permit issued under section 160 for the purpose of section 6.4; and

(b)to facilitate an effective recall of the fertilizer or fertilizer supplement.

(2)The records shall include

(a)the name and address of any person who supplied the prohibited material to the person manufacturing the fertilizer or fertilizer supplement and a statement, signed by the supplier, that the prohibited material does not contain specified risk material or that it contains specified risk material in accordance with a permit issued under section 160 for the purpose of section 6.4;

(b)the formula for the fertilizer or fertilizer supplement, including the name and weight of each ingredient used for each lot of the fertilizer or fertilizer supplement;

(c)a mixing sheet that shows that each lot of the fertilizer or fertilizer supplement has been produced in accordance with the formula referred to in paragraph (b);

(d)the date of preparation of the fertilizer or fertilizer supplement;

(e)any information used to identify each lot of the fertilizer or fertilizer supplement; and

(f)the name and address of any person to whom any of the fertilizer or fertilizer supplement is sold or distributed and a description of the fertilizer or fertilizer supplement, including the name and quantity.

(3)In this section, specified risk material has the same meaning as in section 6.1.

^note

171.2#

Every person who imports, sells or distributes a fertilizer or fertilizer supplement containing prohibited material, other than a rendered fat, shall keep for 10 years records that are sufficient to facilitate an effective recall of the fertilizer or fertilizer supplement, including

(a)the name, the lot number and other information used to identify the fertilizer or fertilizer supplement; and

(b)the name and address of any person to whom the fertilizer or fertilizer supplement is sold or distributed and a description of the fertilizer or fertilizer supplement, including the name and quantity.

^note

Part XV · Animal Identification

Interpretation

172#

(1)The definitions in this section apply in this Part.

administrator [Repealed, SOR/2014-23, s. 3]

animal means a bison, bovine, ovine or pig. (animal)

approved slap tattoo means a slap tattoo bearing an identification number issued by the responsible administrator in respect of a site under paragraph 174(2)(a). (tatouage au marteau approuvé)

approved tag means a tag, chip or other indicator approved by the Minister under subsection 173(1) and listed on the Agency’s web site as an approved tag. (étiquette approuvée)

bison means an animal, other than an embryo or a fertilized egg, of the subspecies Bison bison bison, Bison bison athabascae or Bison bison bonasus. (bison)

bovine means an animal, other than an embryo or a fertilized egg, of the species Bos taurus or Bos indicus. (bovin)

bred, in respect of an animal, means that the animal has been mated either naturally or artificially or has provided semen, ova or embryos for reproduction. (sailli)

distributor means an individual, a partnership, a corporation, a cooperative, an association or an organization that sells or distributes approved tags. (distributeur)

farm means land, and all buildings and other structures on that land, that is used under one management for breeding or raising animals but does not include an artificial insemination unit. (ferme)

farm of origin means the farm on which an animal is born or, if an animal is not born on a farm, the first farm to which it is moved after its birth. (ferme d’origine)

farm or ranch [Repealed, SOR/2014-23, s. 3]

organization that manages an animal identification system means an individual, a partnership, a corporation, a cooperative, an association or an organization that is authorized by provincial legislation to manage an animal identification system. (organisme de gestion d’un système d’identification des animaux)

ovine means an animal, other than an embryo or a fertilized egg, of the genus Ovis. (ovin)

pig means an animal, other than an embryo or a fertilized egg, of the genus Sus. (porc)

responsible administrator means a person who is authorized by the Minister to receive information in relation to animals or things to which the Act or these Regulations apply, is listed on the Agency’s web site as an administrator and administers a national identification program in relation to certain animals of all or part of one or more genera, species or subspecies that are located in one or more provinces. (administrateur responsable)

site means a place where animals or carcasses of animals are kept or collected but does not include a conveyance. (installation)

(2)In this Part, other than in subsection 175.1(2), paragraph 186(1)(a) and subsection 186(2), any reference to the carcass of an animal or to a part of the carcass of an animal does not include any part of the carcass that is intended for human consumption.

^note

Registration of Linked Sites

172.1#

(1)On application from the operators of two farms where pigs are kept, the responsible administrator shall register the two sites as being linked with each other for the purposes of this Part for a period of six months if

(a)the sites and all sites having linked health status with either of them are all located in only one of the following parts of Canada:

(i)the eastern part of Canada that includes Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador, or

(ii)the western part of Canada that includes Manitoba, British Columbia, Saskatchewan, Alberta, Yukon, Northwest Territories and Nunavut;

(b)pigs are transported between the sites at least three times per month;

(c)the operators of the sites have reported to the responsible administrator information identifying all of the conveyances being used to transport pigs between the sites and all movements of pigs between the sites are made exclusively by those conveyances; and

(d)in the case where the sites were not registered as being linked with each other during the three-month period before the application, the operators of the sites have reported each transport of pigs between the sites to the responsible administrator for that three-month period and the reports of each operator are consistent with those of the other.

(2)If by the end of the 10th day of any month in the six-month period for which two sites are registered as being linked the operators of the two sites have not reported to the responsible administrator the total number of pigs that were transported between the sites and the number of pig movements between the sites during the preceding month, the registration in respect of the two sites being linked shall be cancelled at the end of that day for the remainder of the six-month period.

(3)For the purpose of this section, two sites have linked health status with each other if

(a)the two sites are registered under subsection (1) as being linked with each other or have been registered under that subsection as being linked with each other at any time in the preceding six months; or

(b)one of the two sites, at any time in the preceding six months, is considered to have had linked health status under this section with another site that, at any time in those six months, is considered to have had linked health status under this section with the other of the two sites.

^note

Approval, Issuance and Revocation of Tags

173#

(1)The Minister may approve or revoke a tag, chip or other indicator for the identification of an animal, or the carcass of an animal, for the purposes of this Part.

(2)When considering the approval of a tag, chip or other indicator, the Minister shall take into account whether

(a)the tag, chip or other indicator bears a unique identification number;

(b)the tag, chip or other indicator may not readily be altered or otherwise tampered with;

(c)the tag, chip or other indicator is difficult to counterfeit;

(d)the identification number on the tag, chip or other indicator is easily and reliably readable; and

(e)the tag, chip or other indicator is designed to be retained by any animal to which it may be applied.

(3)When considering the revocation of an approved tag, chip or other indicator, the Minister shall take into account whether there is any other tag, chip or other indicator that offers improved performance over that approved tag, chip or other indicator with respect to the criteria set out in paragraphs (2)(b) to (e).

174#

(1)At the request of the operator of a site, the responsible administrator may issue approved tags or cause them to be issued for the purpose of identifying animals on that site.

(2)At the request of the operator of a site where pigs are kept, the responsible administrator may issue an identification number in respect of that site or cause one to be issued for the purpose of being applied by

(a)approved slap tattoos to pigs from that site that are destined for slaughter; and

(b)indicators to pigs from that site that are destined for export.

(3)At the request of an importer of animals, the administrator may issue approved tags or cause them to be issued for the purpose of identifying the animals to be imported.

(4)When requesting an identification number in respect of a site under subsection (2), the operator of the site shall report to the responsible administrator their name, address and telephone number.

^note

Reporting Requirement

174.1#

A distributor, or an organization that manages an animal identification system, that sells or distributes approved tags shall, within 24 hours after selling or distributing them, report the following information in respect of those approved tags to the responsible administrator:

(a)the name, address and telephone number of the person to whom they were sold or distributed;

(b)the date they were sold or distributed;

(c)their unique identification numbers; and

(d)the total number that were sold or distributed.

^note

Identification Requirements

175#

(1)Except as otherwise provided in this Part, every person who owns or has the possession, care or control of a bison, bovine or ovine or of the carcass of a bison, bovine or ovine shall ensure that it is identified by an approved tag that is applied to it before it is removed from a site.

(1.1)Every person who applies, or causes the application of, an approved tag to an animal, or the carcass of an animal, shall ensure that the tag is for the species of that animal and is applied to the animal, or the carcass, for which the tag was issued under subsection 174(1).

(1.2)Every person who owns or has the possession, care or control of an animal or a carcass of an animal shall ensure that the approved tag that is applied to it is applied to its ear with the logo and number facing forward.

(2)Except as otherwise provided in this Part, every person who owns or has the possession, care or control of a bison, bovine or ovine or of the carcass of a bison, bovine or ovine shall ensure that it bears the approved tag referred to in subsection (1) at all times after it is removed from its farm of origin.

(3)Every person who owns or has the possession, care or control of a pig to which an approved tag has been applied shall ensure that it bears the approved tag until it is identified in some other manner provided for under these Regulations.

175.01#

(1)Except as otherwise provided in this section, every person who owns or has the possession, care or control of a pig shall ensure that it is identified by an approved tag that is applied to it before it is removed from a site.

(2)Subsection (1) does not apply to the transportation of pigs, other than bred pigs, between parts of a farm that are not contiguous or between farms if

(a)the operator of the departure site ensures that the pigs being transported are accompanied with the following information in a form that can be immediately read by an inspector:

(i)the location of the departure site and the location of the destination site,

(ii)the date and time that the conveyance carrying the pigs left the departure site,

(iii)the number of pigs loaded onto the conveyance,

(iv)the identification number on any approved tag applied to the pigs, and

(v)the licence plate number or, if there is no licence plate, other identification of the conveyance;

(b)the operator of the departure site reports that information to the responsible administrator within seven days after the departure of the pigs; and

(c)the operator of the destination site, within seven days after the pigs’ reception, reports the following information to the responsible administrator:

(i)the location of the departure site and the location of the destination site,

(ii)the date and time that the conveyance carrying the pigs arrived at the destination site,

(iii)the number of pigs and pig carcasses that arrived at the destination site,

(iv)the identification number on any approved tag applied to the pigs, and

(v)the licence plate number or, if there is no licence plate, other identification of the conveyance.

(3)The reporting requirements set out in paragraphs (2)(b) and (c) do not apply if at the time of the transportation the departure site and the destination site are registered as being linked with each other under section 172.1.

(4)There is no requirement to identify pigs if they are transported from one part of a farm to another contiguous part of that farm.

(5)If a pig is transported directly from any site to any other site that is an abattoir or that is used for the purpose of collecting pigs for transport to an abattoir, every person who owns or has the possession, care or control of the pig at the departure site shall ensure that it is identified by an approved tag or approved slap tattoo before it is moved from that site.

(6)Despite subsection (5), the operator of a site that is used for the purpose of collecting pigs for transport to an abattoir shall apply an approved tag to any pig bearing only an approved slap tattoo that remains at the collection site for longer than 96 hours or that is sent anywhere other than to an abattoir.

(7)Every person who exports a pig shall ensure that, before its export, it has applied to it an indicator approved by the importing country and bearing an identification number issued by the responsible administrator under paragraph 174(2)(b).

(8)Every person who owns or has the possession, care or control of a pig carcass or part of a pig carcass that is transported from any site to any other site shall ensure that the carcass or the part is accompanied with the following information in a form that can be immediately read by an inspector:

(a)the location of the departure site and the location of the destination site;

(b)the date and time that the conveyance carrying the carcass or the part left the departure site; and

(c)the licence plate number or, if there is no licence plate, other identification of the conveyance.

^note

Record-keeping and Information Reporting Requirements

175.1#

(1)Subject to subsection (2), the operator of a site who removes or causes the removal of an ovine 18 months of age or older from the site shall keep a record of

(a)the identification number on the approved tag that is applied to the ovine;

(b)the date of removal;

(c)the reason for removal; and

(d)the name and address of the owner or person having the possession, care or control of the ovine at the destination to which it is removed.

(2)Subsection (1) does not apply in respect of an ovine that is transported directly for slaughter either to an establishment where food animals are slaughtered by the holder of a licence that is issued under paragraph 20(1)(b) of the Safe Food for Canadians Act or to an establishment that is registered under an Act of a province that provides for the inspection of ovine carcasses.

(3)The operator of a site who receives or causes the reception of a bred ovine shall keep a record of

(a)the identification number on the approved tag that is applied to the ovine;

(b)the date of reception; and

(c)the name and address of the owner or person who had the possession, care or control of the ovine at the site from which it was removed.

(4)Every person who is required to keep a record under this section shall keep the record for a period of at least five years.

^note

175.2#

(1)Except as otherwise provided in this Part, if a pig is transported from one site to another, the operator of the departure site, within seven days after the pig’s departure, and the operator of the destination site, within seven days after the pig’s reception, shall report the following information to the responsible administrator:

(a)the location of the departure site and the location of the destination site;

(b)in the case of the operator of the departure site, the date and time that the conveyance carrying the pig left the departure site and, in the case of the operator of the destination site, the date and time that the conveyance arrived at the destination site;

(c)in the case of the operator of the departure site, the number of pigs loaded onto the conveyance and, in the case of the operator of the destination site, the number of pigs and pig carcasses that arrived at the destination site; and

(d)the licence plate number or, if there is no licence plate, other identification of the conveyance.

(2)There is no requirement to report to the responsible administrator or keep records on the movement of pigs transported from one part of a farm to another contiguous part of that farm.

(3)Every person who operates a site where an approved tag or approved slap tattoo is applied to a pig shall report the following information to the responsible administrator within seven days after the pig’s departure:

(a)the location of the departure site and the location of the destination site;

(b)the date and time that the conveyance carrying the pig left the departure site;

(c)the identification numbers on the approved tags and approved slap tattoos applied to the pigs; and

(d)the licence plate number or, if there is no licence plate, other identification of the conveyance.

(4)If pigs are transported from a site to an abattoir, the operator of the departure site, within seven days after the departure of the pigs, and the operator of the abattoir, within seven days after the reception of the pigs, shall report the following information to the responsible administrator:

(a)the location of the departure site and the location of the abattoir;

(b)in the case of the operator of the departure site, the date and time that the conveyance carrying the pigs left the departure site and, in the case of the operator of the abattoir, the date and time that the conveyance arrived at the abattoir;

(c)in the case of the operator of the departure site, the number of pigs loaded onto the conveyance and, in the case of the operator of the abattoir, the number of pigs and pig carcasses that arrived at the abattoir;

(d)in the case of the operator of the abattoir, the identification numbers on the approved tags or the approved slap tattoos applied to the pigs; and

(e)the licence plate number or, if there is no licence plate, other identification of the conveyance.

(5)If a pig carcass or part of a pig carcass is transported from one site to another, the operator of the departure site, within seven days after the departure of the carcass or the part, and the operator of the destination site, within seven days after the reception of the carcass or the part, shall report the following information to the responsible administrator:

(a)the location of the departure site and either the name of the operator of the destination site or the location of the destination site;

(b)in the case of the operator of the departure site, the date that the conveyance carrying the carcass or the part left the departure site and, in the case of the operator of the destination site, the date that the conveyance arrived at the destination site; and

(c)in the case of the operator of the destination site, the licence plate number or, if there is no licence plate, other identification of the conveyance.

^note

175.3#

Every person who is required under this Part to report information in respect of a pig, pig carcass or part of a pig carcass shall keep a record of that information for five years.^note

175.4#

If pigs are transported as described in subsection 175.01(2) between two sites that are registered as being linked with each other, the operator of the departure site and the operator of the destination site shall keep a record of the following information for five years after the departure of the pigs:

(a)the location of the departure site and the location of the destination site;

(b)in the case of the operator of the departure site, the date and time that the conveyance carrying the pigs left the departure site and, in the case of the operator of the destination site, the date and time that the conveyance arrived at the destination site;

(c)in the case of the operator of the departure site, the number of pigs loaded onto the conveyance and, in the case of the operator of the destination site, the number of pigs and pig carcasses that arrived at the destination site;

(d)the identification numbers on the approved tags applied to the pigs; and

(e)the licence plate number or, if there is no licence plate, other identification of the conveyance.

^note

Prohibitions

176#

Subject to section 183, no person shall remove or cause the removal of a bison, bovine or ovine or the carcass of a bison, bovine or ovine from a site unless it bears an approved tag that has been applied to it under section 175.^note

176.1#

No person shall remove or cause the removal of a pig from a site unless the pig bears an approved tag or an approved slap tattoo that has been applied to it under section 175.01 or the pig is otherwise dealt with in accordance with that section.^note

177#

(1)Subject to section 183 and subsection 184(2), no person shall transport or cause the transportation of a bison, bovine or ovine or the carcass of a bison, bovine or ovine that does not bear an approved tag.

(2)Subject to section 183 and subsection 184(2), no person shall receive or cause the reception of a bison, bovine or ovine or the carcass of a bison, bovine or ovine that does not bear an approved tag.

177.1#

(1)Subject to subsection 184(2), no person shall transport, cause the transportation of, receive or cause the reception of a pig unless the pig bears an approved tag or an approved slap tattoo that has been applied to it under section 175.01 or the pig is otherwise dealt with in accordance with that section.

(2)Subsection (1) does not apply to the reception of pigs that are transported as described in subsection 175.01(2) if

(a)at the time of the transportation, the departure site and the destination site are registered as being linked with each other; or

(b)the operator of the destination site, within seven days after the pigs’ reception, reports the following information to the responsible administrator:

(i)the location of the departure site and the location of the destination site,

(ii)the date and time that the conveyance carrying the pigs arrived at the destination site,

(iii)the number of pigs and pig carcasses that arrived at the destination site,

(iv)the identification number on any approved tag applied to the pigs, and

(v)the licence plate number or, if there is no licence plate, other identification of the conveyance.

^note

178#

(1)Subject to section 183, no person shall apply or cause the application of an approved tag issued under subsection 174(1) to an animal or the carcass of an animal that is not on the site in respect of which the approved tag was issued.

(1.1)No person shall apply or cause the application of, to a pig, an approved slap tattoo or, in the case of pigs that are destined for export, an indicator that bears an identification number issued by a responsible administrator in respect of a site unless the pig is at that site.

(2)No person shall apply, or cause the application of, an approved tag issued to an importer under subsection 174(3) to an animal that has not been imported by the importer.

179#

Except as authorized under paragraph 186(1)(a) or 187(1)(a), no person shall remove, or cause the removal of, an approved tag, or an approved tag that has been revoked, from an animal or the carcass of an animal.^note

180#

No person shall apply, or cause the application of, an approved tag from an animal or the carcass of an animal to another animal or the carcass of another animal.^note

180.1#

No person shall apply or cause the application of an approved tag to an animal or the carcass of an animal that is not listed in the definition animal in section 172.^note

181#

No person shall alter an approved tag to change its tamper-proof nature or its identification number or to make the identification number unreadable.^note

182#

No person shall make, sell or provide a tag, chip or other indicator that so closely resembles an approved tag that it is likely to be mistaken for one.^note

Tagging Site

183#

(1)A bison or a bovine may be transported from its farm of origin without having an approved tag applied to it to a site for the purpose of having an approved tag applied to it at that site if

(a)the name and address of the site is on the list that sets out tagging sites approved by the responsible administrator and is published on that administrator’s web site; and

(b)an approved tag issued to the farm of origin under subsection 174(1) will be supplied, along with the bison or bovine, by the operator of the farm of origin or, through a prior arrangement with the manager of the tagging site, will be issued and applied to the bison or bovine at the tagging site.

(2)The manager of a tagging site shall

(a)ensure that the bison or bovine is not mixed with any other person’s animals that do not bear approved tags;

(b)ensure that the approved tag is applied to the bison or bovine immediately after it arrives at the site; and

(c)keep records, and make them available on request to the responsible administrator, of enough information about the bison or bovines received at the site to enable their origin to be traced, including

(i)the names and addresses of the owners or persons having the possession, care or control of the animals before the transportation of the animals to the site,

(ii)the dates of the arrival of the animals at the site, and

(iii)the identification numbers on the approved tags applied to the animals and the dates of the application of those tags to the animals.

(3)If the manager of a tagging site has declared in a written application that the equipment and infrastructure at the site are adequate to enable the application of an approved tag to a bison or bovine without endangering its safety or the safety of the personnel at the site, the responsible administrator shall approve the site and include the name and address of the site on its list of approved tagging sites.

(4)If the manager of a tagging site does not comply with subsection (2) or (3), the responsible administrator shall remove the name and address of the tagging site from the list of approved tagging sites if

(a)the responsible administrator has caused to be delivered to the manager of the tagging site a notice that

(i)describes the non-compliance, and

(ii)specifies the period within which the manager may rectify the non-compliance;

(b)the person has not rectified the non-compliance within the period specified in the notice; and

(c)the person has been given an opportunity to be heard in respect of the proposed removal.

(5)If the responsible administrator removes the name and address of the tagging site from the list, that administrator shall, without delay,

(a)notify the manager of the tagging site that the name and address have been removed from the list; and

(b)cause a notice of the removal to be published on its web site.

(6)If the name and address of a tagging site have been removed from the list, the manager of the site may reapply under subsection (3) to have the site approved as a tagging site.

Loss of an Approved Tag or Application of a New Approved Tag

184#

(1)Subject to subsections (2) and (3), if an animal that is required to bear an approved tag does not bear an approved tag, bears an approved tag that has been revoked or loses its approved tag, the person who owns or has the possession, care or control of the animal shall immediately apply a new approved tag to it.

(2)Subject to subsection (3), an animal that loses its approved tag while being transported may continue to be transported until it reaches the next site where it will be unloaded, and it may be received at that site only if a new approved tag is applied to the animal without delay after it is received at that site.

(3)An animal that is received at an abattoir without an approved tag or approved slap tattoo does not have to have a new approved tag applied to it if

(a)it is slaughtered at the abattoir;

(b)the person who operates the abattoir keeps a record of enough information about the origin of the animal to enable the origin to be traced, including, if it is known by that person,

(i)the number of the approved tag that was lost and, in the case of an animal to which more than one approved tag had been applied since the animal’s birth, the numbers of all of them,

(ii)the name and address of the owner or person having the possession, care or control of the animal when it was brought to the abattoir and the date when it was brought to the abattoir, and

(iii)the licence plate number or, if there is no licence plate, other identification of the conveyance that brought the animal to the abattoir; and

(c)in the case of a bison or a bovine, the person who operates the abattoir reports to the responsible administrator, within 30 days after the animal is slaughtered, the information that the person is required by paragraph (b) to record in respect of the animal.

(4)An organization that manages an animal identification system shall, if it receives the information referred to in paragraph (3)(b), report the information to the responsible administrator within 30 days after receiving it.

185#

(1)Every person who applies, or causes the application of, a new approved tag to an animal, or the carcass of an animal, that does not bear an approved tag, bears an approved tag that has been revoked, or that has lost its approved tag, shall keep a record of

(a)the number of the new approved tag; and

(b)enough information about the origin of the animal or the carcass to enable the origin to be traced, including, if it is known by that person,

(i)the number of the approved tag that was previously applied to the animal or carcass and, in the case of an animal or carcass to which more than one approved tag has been applied since the animal’s birth, the numbers of all of them,

(ii)the name and address of the owner or person having the possession, care or control of the animal or carcass when it was brought to the site where the new approved tag was attached to it and the date when it was brought to the site, and

(iii)the licence plate number or, if there is no licence plate, other identification of the conveyance that brought the animal or carcass to the site where the new approved tag was attached to it.

(2)Subsection (1) does not apply in respect of the application of an approved tag to

(a)an animal before it leaves its farm of origin; or

(b)the carcass of an animal before the carcass leaves the animal’s farm of origin.

(3)Every person who applies, or causes the application of, a new approved tag to an animal, or the carcass of an animal, that already bears an approved tag or an approved tag that has been revoked shall, within 30 days after the new approved tag is applied, report to the responsible administrator the number of the new approved tag as well as the number of the previously applied tag.

(4)An organization that manages an animal identification system shall, if it receives the information referred to in subsection (3), report the information to the responsible administrator within 30 days after receiving it.

^note

Animal Death or Slaughter

186#

(1)If an animal bearing an approved tag is slaughtered at an abattoir or otherwise dies at an abattoir, the operator of the abattoir

(a)may remove any tag from the animal or the animal’s carcass; and

(b)in the case of a bison or a bovine, shall report the death of the animal and the number of the approved tag to the responsible administrator within 30 days after the death.

(2)The operator of an abattoir where an animal bearing an approved tag or approved slap tattoo is slaughtered shall maintain the ability to identify the animal’s carcass in the abattoir until the carcass is approved for human consumption or is condemned.

(3)If an animal bearing an approved tag or an approved tag that has been revoked is slaughtered or otherwise dies at a site other than an abattoir, the operator of the site shall keep a record of the date of slaughter or death of the animal and the identification number on its tag.

(4)An organization that manages an animal identification system shall, if it receives the information referred to in paragraph (1)(b), report the information to the responsible administrator within 30 days after receiving it.

(5)[Repealed, SOR/2014-23, s. 19] (repealed)

187#

(1)Every person, including a renderer, dead stock operator, post-mortem laboratory official and veterinarian, who disposes of the carcass of a bison, bovine or ovine bearing an approved tag or an approved tag that has been revoked

(a)may remove the tag from the carcass; and

(b)shall report the identification number on the tag to the responsible administrator within 30 days after disposing of the carcass.

(2)Every person, including a renderer, dead stock operator, post-mortem laboratory official and veterinarian, who disposes of the carcass of a bison, bovine or ovine not bearing an approved tag anywhere but on the farm of origin where the animal died shall

(a)collect enough information about the carcass to enable the origin to be traced, including, if it is known by that person,

(i)the site from which the carcass was removed and the date when the carcass was removed from that place, and

(ii)the name and address of the owner or person having the possession, care or control of the carcass when it was removed from that place; and

(b)report that information to the responsible administrator within 30 days after disposing of the carcass.

(3)An organization that manages an animal identification system shall, if it receives the information referred to in paragraph (1)(b) or (2)(a), report that information to the responsible administrator within 30 days after receiving it.

^note

Export

188#

(1)Every person who exports a bison or bovine shall report the identification number on the animal’s approved tag to the responsible administrator within 30 days after the exportation.

(2)Every person who exports pigs shall report the following information to the responsible administrator within seven days after the exportation:

(a)the locations of the last sites at which the pigs were kept before they were exported and the number of pigs that were from each of those sites;

(b)the locations to which the pigs were exported and the number of pigs that were exported to each of those locations;

(c)the dates on which the pigs were loaded onto the conveyance by which they were exported and the number of pigs that were loaded on each of those dates;

(d)except in the case of cull breeding pigs that are exported for immediate slaughter from a site that is used for the purpose of collecting pigs for transport to an abattoir, the identification numbers on the indicators approved by the importing country that have been applied to the pigs and that identify the last sites at which they were kept before they were exported and the number of pigs bearing each of those identification numbers; and

(e)the licence plate number or, if there is no licence plate, other identification of the conveyance.

^note

Import

189#

(1)Every person who imports an animal shall

(a)apply or cause the application of an approved tag to the animal either before importation or immediately after the animal reaches its initial destination;

(b)in the case of a bison, bovine or ovine, report to the responsible administrator

(i)the identification number on the animal’s approved tag, and

(ii)enough information about the animal to allow the origin to be traced; and

(c)in the case of a pig, report to the responsible administrator

(i)the location of the last site at which the pig was kept before it was imported,

(ii)the location to which the pig was imported,

(iii)the date on which the pig was received,

(iv)the identification number on the pig’s approved tag, and

(v)the licence plate number or, if there is no licence plate, other identification of the conveyance by which the pig was imported.

(2)The reports referred to in paragraphs (1)(b) and (c) shall be made

(a)if a bison is being imported, within 60 days after importation;

(b)if a bovine is being imported, within 30 days after importation;

(c)if an ovine is being imported, within 7 days after importation; or

(d)if a pig is being imported, within 7 days after importation.

(3)Paragraphs (1)(a) and (b) do not apply to a bison, bovine or ovine that is imported for immediate slaughter.

(4)Paragraph (1)(a) does not apply to an animal bearing an indicator of a foreign country if the Minister determines that the indicator meets the criteria set out in subsection 173(2) and that the identification number on the indicator can be entered and tracked in the responsible administrator’s database.

(5)For the purposes of subsections 175(3) and 185(3) and sections 175.01, 175.1, 176 to 177.1, 179 to 181, and 186 to 189, if an imported animal bears an indicator of a foreign country and the Minister determines that the indicator meets the criteria set out in subsection 173(2) and that the identification number on the indicator can be entered and tracked in the responsible administrator’s database, the indicator is deemed to be an approved tag that was issued and applied to the animal in accordance with this Part.

^note

Information Obtained by a Responsible Administrator

189.1#

A responsible administrator shall maintain a database and other records obtained under this Part.^note

189.2#

(1)If a person who is a responsible administrator obtains information under this Part in relation to an animal or the carcass of an animal and that animal or carcass was previously located in a province in respect of which the person is not the responsible administrator, the person shall provide that information without delay to the responsible administrator in respect of the province in which that animal or carcass was located.

(2)A responsible administrator may allow persons to have access to the information that that administrator obtains under this Part for the purpose of providing services in relation to the database if those persons agree in writing not to disclose the information to any other person.

(3)Every responsible administrator shall allow the Agency to have access to the information that that administrator obtains under this Part.

(4)A responsible administrator shall allow any person to have access to the information that that administrator obtains under this Part if the Agency advises that administrator that the access is provided for in an agreement or memorandum of understanding that the Agency has entered into under subsection 14(1) of the Canadian Food Inspection Agency Act.

(5)If a person (in this subsection referred to as the “former administrator”) ceases to be the responsible administrator for animals of all or part of a genus, species or subspecies that are located in a province and another person (in this subsection referred to as the “new administrator”) becomes the responsible administrator for animals of that genus, species or subspecies or of that part that are located in that province, the former administrator shall

(a)provide to the new administrator the information that the former administrator has obtained under this Part; and

(b)after receiving from the new administrator an acknowledgement in writing that the transferred information has been entered successfully into the database or other records maintained by the new administrator, permanently delete that information from the database and other records maintained by the former administrator except if the former administrator has the express, free and informed consent of any person to whom the information relates to retain that information.

^note

Part XVI · Aquatic Animals

Interpretation

190#

The following definitions apply in this Part.

aquatic animal means any finfish, mollusc or crustacean, or any part of a finfish, mollusc or crustacean at any life stage, as well as any germplasm of those animals. (animal aquatique)

eviscerated, in relation to a finfish, means that the internal organs, excluding the brain and gills, have been removed. (éviscéré)

finfish means any cold-blooded aquatic vertebrate possessing fins and gills. (poisson à nageoires)

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. (matériel génétique)

offal, in relation to an aquatic animal, means waste portions including the visceral and non-visceral organs, cut-offs and raw material. (abats)

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

Susceptible Species of Aquatic Animals List means the document entitled Susceptible Species of Aquatic Animals that is published on the Agency’s website, as amended from time to time. (liste des espèces d’animaux aquatiques vulnérables)

^note

Importation of Aquatic Animals

Aquatic Animals Set Out in the Susceptible Species of Aquatic Animals List

191#

No person shall import an aquatic animal set out in the Susceptible Species of Aquatic Animals List except in accordance with a permit issued under section 160.^note

Pet Aquatic Animals

192#

(1)Despite section 191, an aquatic animal set out in the Susceptible Species of Aquatic Animals List may be imported without a permit for use as a pet if

(a)the aquatic animal is a member of one of the following species:

(i)Barbonymus gonionotus,

(ii)Carassius auratus,

(iii)Colisa lalia,

(iv)Danio rerio,

(v)Glossogobius giuris,

(vi)Osphronemus goramy,

(vii)Oxyeleotris marmorata,

(viii)Puntius sophore,

(ix)Symphysodon discus,

(x)Toxotes chatareus,

(xi)Trichogaster pectoralis, or

(xii)Trichogaster trichopterus;

(b)the aquatic animal has not been taken to a show or display outside Canada;

(c)the aquatic animal is imported by its owner;

(d)the aquatic animal is accompanied or picked up by its owner at the point of entry into Canada; and

(e)the owner presents proof of the owner’s identity and his or her ownership of the aquatic animal to the inspector.

(2)An aquatic animal imported under subsection (1) shall be kept in an aquarium in the household of its owner, and the owner shall not, for the year following the importation, expose it to any aquatic animals other than those kept in the household.

(3)The owner of an aquatic animal imported under subsection (1) shall not, in the period of 90 days after the importation, import another aquatic animal under that subsection.

(4)The owner of an aquatic animal imported under subsection (1) shall keep the records of the importation, including the documents required under paragraph (1)(e).

Aquatic Animals for Personal Use

193#

(1)Despite section 191, an aquatic animal set out in the Susceptible Species of Aquatic Animals List may be imported without a permit if

(a)the aquatic animal is imported by a person for his or her personal use;

(b)the person brings the aquatic animal into Canada or picks it up at the point of entry into Canada; and

(c)the person presents, to the inspector, proof of his or her identity and proof of the manner in which he or she acquired the aquatic animal.

(2)The quantity of aquatic animals that may be imported under subsection (1) shall not exceed

(a)four crustaceans;

(b)three kilograms of molluscs; and

(c)ten finfish that are not eviscerated.

Aquatic Animals not Set Out in the Susceptible Species of Aquatic Animals List

194#

No person shall import an aquatic animal that is not set out in the Susceptible Species of Aquatic Animals List unless it is accompanied by a document that is satisfactory to an inspector and that includes the following information:

(a)the name and address of the exporter;

(b)the name and address of the importer;

(c)the taxonomic name of the aquatic animal, the life stage, and the number being imported, if more than one; and

(d)the country in which the aquatic animal was born or where the germplasm came from and, in the case of an aquatic animal, whether it was born in captivity or in the wild.

^note

Importation of Carcasses and Offal

195#

No person shall import into Canada, except in accordance with a permit issued under section 160

(a)the carcass or a part of the carcass of a finfish set out in the Susceptible Species of Aquatic Animals List for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis or, if the carcass has not been eviscerated, for any purpose that will produce offal or effluent containing anything from the finfish;

(b)the carcass or a part of the carcass of a mollusc set out in the Susceptible Species of Aquatic Animals List, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce offal or effluent containing anything from the mollusc;

(c)the carcass or a part of the carcass of a crustacean set out in the Susceptible Species of Aquatic Animals List, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce offal or effluent containing anything from the crustacean; or

(d)offal from a finfish, mollusc or crustacean set out in the Susceptible Species of Aquatic Animals List, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce effluent containing anything from that offal.

^note

Preventing the Spread of Diseases of Aquatic Animals

Eradication Areas

196#

Each province, each territory, and the territorial sea and contiguous zone of Canada taken together, is established as an eradication area in which

(a)any finfish, mollusc or crustacean set out in the Susceptible Species of Aquatic Animals List may be inspected, segregated and tested for any disease listed in the schedule to the Reportable Diseases Regulations; and

(b)disease eradication programs may be instituted for preventing the spread of any disease listed in the schedule to the Reportable Diseases Regulations.

^note

197#

Every owner or person having the possession, care or control of an aquatic animal or a thing in an eradication area shall, when requested to do so by a veterinary inspector, by an inspector or by an accredited veterinarian with the approval of a veterinary inspector, permit tests to be conducted on the aquatic animal or the thing for any of the diseases listed in the schedule to the Reportable Diseases Regulations.^note

198#

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

^note

Movement of Aquatic Animals

199#

(1)No person shall move, or cause to be moved, an aquatic animal or a thing specified in a declaration made under subsection 198(1) from an eradication area, or a part of one, that has been declared an infected area for a disease named in the declaration, to a free area, buffer area or provisionally free area for that disease, except in accordance with a permit issued under section 160.

(2)No person shall move, or cause to be moved, an aquatic animal or a thing specified in a declaration made under subsection 198(3) from an eradication area, or a part of one, that has been declared a buffer area for a disease named in the declaration, to a free area, another buffer area or a provisionally free area for that disease, except in accordance with a permit issued under section 160.

(3)No person shall move, or cause to be moved, an aquatic animal or thing specified in a declaration made under subsection 198(4) from an eradication area, or a part of one, that has been declared a provisionally free area for a disease named in the declaration, to a free area for that disease, except in accordance with a permit issued under section 160.

200#

If, in the opinion of the Minister, an aquatic animal is moved into an area in violation of section 199, the Minister may order that the aquatic animal be taken back without delay to the area from which it was moved or to an area of equal or lesser health status.^note

Marking of Aquatic Animals

201#

If an aquatic animal is tested for a disease listed in the schedule to the Reportable Diseases Regulations or a disease named in Schedule VII and the animal reacts positively to the test, the owner of the animal shall ensure that it is marked with an identifier appropriate to the species or that its container is identified as containing an infected animal.^note

General

202#

If, under this Part, a permit, certificate or other document is required for the removal or transportation of an aquatic animal, the person having the possession, care or control of the aquatic animal shall, when requested to do so by an inspector or peace officer appointed under the Act, produce the permit, certificate or other document.^note

Schedule I · Quarantine Ports (Section 2)

(a) Quebec:(i) Lacolle,(ii) Grosse Ile,(iii) [Repealed, SOR/97-85, s. 85](iv) Mirabel;(b) Ontario:(i) [Repealed, SOR/97-85, s. 86](ii) Windsor;(c) Manitoba:(i) Emerson, and(ii) Lena;(d) Alberta:(i) Coutts, and(ii) Edmonton.

Schedule II · Inspection Ports (Section 2)

(a) Newfoundland:(i) St. John’s,(ii) Corner Brook, and(iii) Gander;(b) Prince Edward Island:(i) Charlottetown;(c) Nova Scotia:(i) Yarmouth,(ii) North Sydney, and(iii) Halifax;(d) New Brunswick:(i) St. Stephen,(ii) Woodstock,(iii) Centreville,(iv) Grand Falls,(v) St. Leonard,(vi) Edmundston,(vii) Clair,(viii) Andover,(ix) McAdam Junction, and(x) Saint John;(e) Quebec:(i) and (ii) [Repealed, SOR/98-409, s. 15](iii) Lac Megantic,(iv) [Repealed, SOR/98-409, s. 15](v) Armstrong,(vi) Rock Island,(vii) Highwater,(viii) Abercorn,(ix) [Repealed, SOR/98-409, s. 15](x) Noyan,(xi) St-Bernard-de-Lacolle,(xii) and (xiii) [Repealed, SOR/98-409, s. 15](xiv) Trout River,(xv) Stanhope,(xvi) St-Armand-Philipsburg,(xvii) Port Alfred,(xviii) Montreal,(xix) Mirabel, and(xx) Quebec;(f) Ontario:(i) Cornwall,(ii) Prescott,(iii) Brockville,(iv) Lansdowne,(v) Kingston,(vi) London,(vii) Ottawa,(viii) Toronto,(ix) Rainy River,(x) Pigeon River,(xi) Fort Frances,(xii) Sault Ste. Marie,(xiii) Sarnia,(xiv) Hamilton,(xv) Windsor,(xvi) Fort Erie, and(xvii) Niagara Falls;(g) Manitoba:(i) Boissevain,(ii) Winnipeg,(iii) Lena, and(iv) Emerson;(h) Saskatchewan:(i) Regway,(ii) Monchy,(iii) East Poplar,(iv) Northgate,(v) Willow Creek, and(vi) North Portal;(i) Alberta:(i) Carway,(ii) Calgary,(iii) Edmonton,(iv) Del Bonita, and(v) Coutts;(j) British Columbia:(i) Roosville,(ii) Boundary Bay,(iii) Sidney,(iv) Pacific Highway (Douglas),(v) Cascade,(vi) Paterson,(vii) Carson,(viii) Midway,(ix) Deremeos,(x) Huntingdon,(xi) Chopaka,(xii) Kingsgate,(xiii) Osoyoos,(xiv) White Rock,(xv) Vancouver, and(xvi) Victoria;(k) Yukon Territory:(i) Whitehorse.

Schedule III

Schedule S IV AND V

Schedule VI

Schedule VII · (Section 2, paragraphs 2.2(2)(b) and 41(1)(b) and (c), subsections 41.1(1), 42.1(2) and 45(2), section 46, paragraphs 50(b) and 51.2(1)(b) and (c), subparagraph 53(1)(a)(ii), subsections 53(2) and 91.2(1) and section 201)

Item | Disease1 | abalone viral mortality (Abalone Herpes-like Virus)2 | aino virus infection3 | akabane disease3.1 | anaplasmosis (A. marginale)4 | avian chlamydiosis (C. pscittaci)5 | avian encephalomyelitis6 | avian infectious laryngotracheitis7 | besnoitiosis7.1 | bluetongue (serotypes 2, 10, 11, 13 and 17)8 | Bonamia exitiosa9 | Bonamia roughleyi10 | Borna disease11 | bovine babesiosis (B. bovis)12 | bovine ephemeral fever13 | bovine petechial fever14 | brown ring disease (Vibrio tapetis)15 | contagious agalactia16 | contagious caprine pleuropneumonia17 | crayfish plague (Aphanomyces astaci)18 | dourine19 | duck hepatitis20 | egg drop syndrome (adenovirus)21 | enterovirus encephalomyelitis (Teschen disease)22 | epizootic haemorrhagic disease23 | epizootic lymphangitis24 | epizootic ulcerative syndrome (Aphanomyces invadans)25 | equine encephalomyelitis, western and eastern26 | fluvalinate-resistant Varroa mite27 | fowl cholera28 | glanders29 | goose parvovirus infection (Derzsy’s disease)30 | gyrodactylosis (Gyrodactylus salaris)31 | heartwater (cowdriosis)32 | hendra virus33 | herpes virus of cervidae34 | Ibaraki disease35 | infectious hypodermal and hematopoietic necrosis (Infectious Hypodermal and Haematopoietic Necrosis Virus)36 | infectious myonecrosis (Infectious Myonecrosis Virus)37 | Japanese encephalitis38 | louping ill39 | Marteilia sydneyi40 | Nairobi sheep disease41 | necrotizing hepatopancreatitis42 | Nipah virus43 | Oncorhynchus masou virus disease (Oncorhynchus Masou Virus)44 | red sea bream iridoviral disease (Red Sea Bream Iridovirus)45 | screwworm (Cochliomyia hominivorax) and (Chrysomyia bezziana)46 | small hive beetle (Aethina tumida)47 | theileriasis48 | tick‑borne fever (Cytoecetes phagocytophilia)49 | tissue worm (Elaphostrongylus cervi)50 | trypanosomiasis (exotic to Canada)51 | turkey viral rhinotracheitis or swollen head disease in chickens52 | viral haemorrhagic disease of rabbits53 | Wesselbron’s disease54 | West Nile fever55 | white tail disease (White Tail Virus)56 | withering syndrome of abalone (Xenohaliotis californiensis)

Schedule VIII · (Subsection 91.2(3))

Item | Disease1 | acarine disease2 | actinomycosis3 | American foul brood4 | atrophic rhinitis5 | avian infectious bronchitis6 | avian leukosis7 | avian mycoplasmosis (M. Gallisepticum)8 | avian salmonellosis9 | avian spirochaetosis10 | avian tuberculosis11 | bacterial kidney disease (Renibacterium salmoninarum)12 | blackleg13 | botulism14 | bovine genital campylobacteriosis15 | bovine malignant catarrhal fever16 | bovine viral diarrhoea or mucosal disease17 | caprine arthritis‑encephalitis18 | caseous lymphadenitis19 | coccidiosis20 | contagious ophthalmia21 | contagious pustular dermatitis22 | dermatophilosis23 | distomatosis (liver fluke)24 | duck virus enteritis25 | echinococcosis or hydatidosis26 | enteric red mouth disease (Yersinia ruckeri)27 | enterotoxaemia28 | enzootic abortion29 | enzootic bovine leucosis30 | equine coital exanthema31 | equine influenza32 | equine rhinopneumonitis33 | equine viral arteritis34 | European foul brood35 | filariasis36 | foot‑rot37 | fowl pox38 | furunculosis (Aeromonas salmonicida)39 | haemorrhagic septicaemia40 | horse mange (Psoroptes equi)41 | infectious bovine rhinotracheitis (IBR or IPV)42 | infectious bursal disease (Gumboro disease)43 | infectious coryza44 | intestinal salmonella infections45 | listeriosis46 | maedi‑visna47 | Marek’s disease48 | melioidosis49 | myxomatosis50 | nosematosis of bees51 | other clostridial infections52 | other pasteurelloses53 | ovine epididymitis (Brucella ovis)54 | ovine pulmonary adenomatosis55 | paratuberculosis (Johne’s disease)56 | porcine reproductive and respiratory syndrome (PRRS)57 | Q fever58 | QPX disease (Quahog parasite unknown)59 | Salmonella abortus equi60 | Salmonella abortus ovis61 | seaside organism (Haplosporidium costale)62 | sheep mange (scab)63 | strangles64 | streptococcosis (Streptococcus iniae)65 | swine erysipelas66 | toxoplasmosis67 | transmissible gastroenteritis (TGE)68 | trichomoniasis69 | tularaemia70 | ulcerative lymphangitis71 | vibrionic dysentery72 | warble infestation

Related provisions

— SOR/2006-147, s. 35Sections 6.21 and 6.22 of the Health of Animals Regulations, as enacted by section 12, do not apply before January 30, 2008, except to operators of registered establishments, as defined in subsection 2(1) of the Meat Inspection Act, and persons employed in those establishments. — SOR/2022-218, s. 5For the one-year period that begins on the day on which these Regulations come into force, any person may, instead of complying with Part VIII.1 of the Health of Animals Regulations, comply with sections 79 to 79.2 of the Health of Animals Regulations and the Hatchery Regulations as they read immediately before that day.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.