Acts and Regulations

D-11.1 - Diseases of Animals Act

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Repealed on 1 September 2011
CHAPTER D-11.1
Diseases of Animals Act
Assented to May 22, 1974
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“animal” means(animal)
(a) livestock, and
(b) any other wild or domestic mammal designated by the Lieutenant-Governor in Council in accordance with this Act;
“carry on a livestock yard sale” means(tenir une vente dans un enclos de bétail)
(a) sponsoring or conducting an auction sale of livestock owned by one or more persons, but does not include the marketing of livestock at an auction sale sponsored or conducted by an association that in the opinion of the Minister is a livestock breeder association, or
(b) selling, offering for sale, bartering or trading livestock by a livestock dealer at a livestock yard which is controlled by that dealer;
“disease” , for the purpose of sections 2 and 4 and paragraphs 5(a) and (b), means any condition that adversely affects the health of an animal, and for the purpose of the other provisions of this Act means any condition that adversely affects the health of an animal other than a disease that is required to be reported under the Animal Contagious Diseases Act, chapter A-13 of the Revised Statutes of Canada, 1970;(maladie)
“inspector” means an inspector appointed under section 6;(inspecteur)
“livestock” means cattle, goats, horses, sheep and swine, and any young thereof;(bétail)
“livestock yard” means an area of land used for purchasing, selling, bartering or trading animals, with the buildings, fences, gates, chutes, weigh scales and other equipment situated thereon and used in connection therewith;(enclos de bétail)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries. (Ministre)
“public sale yard” Repealed: 1982, c.19, s.1
1982, c.19, s.1; 1986, c.8, s.30; 1996, c.25, s.9; 2000, c.26, s.91; 2007, c.10, s.25; 2010, c.31, s.30
Right to enter premises
2An inspector may, upon presentation of a certificate or other means of identification prescribed by the Minister, enter into or upon any premises other than a dwelling house and exercise any power or duty conferred or imposed upon him by the regulations with respect to the prevention and control of a disease.
Regulations
3The Lieutenant-Governor in Council may make regulations respecting
(a) the powers and duties of inspectors with respect to the inspection and testing of animals;
(b) the duties of persons having diseased animals in their possession or in their charge;
(c) the means to be employed for the purpose of identifying diseased animals;
(d) the disposition of diseased animals;
(e) the vaccination of animals;
(f) the quarantine or disinfection or both of premises or areas, other than dwelling houses, where diseased animals are kept;
(g) the inspection of animals exposed for sale in livestock yards or other public places, the fees payable for inspections and the manner of collecting such fees;
(g.1) the slaughter of animals;
(g.2) the carrying on of a livestock yard sale where there has been no inspection or only partial inspection of the animals prior to the sale;
(h) the prohibition or the regulation of the sale of diseased animals or any part thereof or any article of food derived from any such animals;
(i) the inspection of the flesh of animals slaughtered for human consumption;
(j) the disinfection of vehicles used in the transportation of animals;
(k) the keeping by persons who carry on a livestock yard sale of records of transactions in respect of animals not sold for slaughter;
(l) the designation of wild or domestic mammals, other than those specified in section 1, to which this Act is to apply;
(m) any other measures required to be taken for the prevention, suppression or limitation of an outbreak of disease.
1982, c.19, s.2; 1983, c.27, s.1
Duty to assist inspector
4Every person having in his possession or under his charge an animal suspected by an inspector of being diseased shall give an inspector all reasonable assistance to enable the inspector to carry out his duties under this Act and the regulations and shall furnish an inspector with such information as the inspector may reasonably require.
Powers of Minister
5The Minister may
(a) direct an inspector or any other suitable person to investigate any alleged outbreak of disease;
(b) cause scientific investigations to be made with a view to determining the nature and source of an outbreak of disease;
(c) where an investigation shows reasonable grounds for doing so, take measures for the suppression or limitation of an outbreak of disease, in accordance with the regulations;
(d) in writing order a person having diseased animals in his possession or in his charge to take such measures for the suppression or limitation of an outbreak of disease as are provided by regulation and shall cause a copy of the order to be served upon that person.
Cooperation with Minister or inspector
5.1No person shall
(a) obstruct the Minister or an inspector in the performance of his duties under this Act and the regulations,
(b) refuse to permit the inspection of any animal, or
(c) furnish the Minister or an inspector with false information.
1983, c.27, s.2
Production of documents
5.2Every person shall, when required by the Minister or an inspector, produce any books, records or other documents relating to any animal assembled, sold, bartered or traded at a livestock yard.
1983, c.27, s.2
Appointment of inspectors
6(1)The Minister may appoint veterinarians registered under the Veterinarians Act, chapter 106 of 14 Elizabeth II, 1965, to be inspectors.
6(2)Inspectors shall receive such remuneration as the Minister determines.
6(3)An inspector acting under the authority of this Act or the regulations is not liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by him under the authority of this Act or the regulations.
Offences and penalties
7(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
7(1.1)A person who violates or fails to comply with section 5.2 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
7(1.2)A person who violates or fails to comply with section 4 or paragraph 5.1(a) or 5.1(b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
7(1.3)A person who violates paragraph 5.1(c) and a person who fails to comply with an order made under paragraph 5(d) after being served with the order or having knowledge of the order commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
7(2)In a prosecution for a failure to comply with an order of the Minister made under paragraph 5(d) a document purporting to be an order of the Minister made under that section is admissible in evidence without proof of the signature or appointment of the person purporting to have signed the order, and in the absence of evidence to the contrary is proof of the making of the order and of its contents.
1990, c.61, s.36
Service of documents
8Service of any document required to be served under this Act may be effected by serving the document personally upon the person to be served or upon any adult residing at the residence of the person to be served, while at the residence, or by mailing the document by prepaid registered mail to the latest known address of the person; and where sent by registered mail the document shall be deemed to have been served on the fifth day after the day of mailing unless the person to whom it was sent establishes that, through no fault of his own, he did not receive the document.
Proof of certificates
9A report or certificate, purporting to be signed by an inspector, stating that an animal is diseased is, in the absence of evidence to the contrary, proof in all courts of the matter reported or certified, without proof of the signature or appointment of the person purporting to have signed it.
Repeal of certain Acts
10The Bang’s Disease Control Act, Chapter 8 of 5 Elizabeth II, 1956, and the Bovine Tuberculosis Act, chapter 21 of the Revised Statutes, 1952, are repealed.
Commencement
11This Act or any provision thereof shall come into force on a day to be fixed by proclamation.
N.B. This Act was proclaimed and came into force November 1, 1974.
N.B. This Act is consolidated to September 1, 2011.