Acts and Regulations

2011, c.142 - Diseases of Animals Act

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Current to 1 January 2024
2011, c.142
Diseases of Animals Act
Deposited May 13, 2011
Definitions
1The following definitions apply in 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 3 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 Health of Animals Act (Canada).(maladie)
“inspector” means an inspector appointed under section 2.(inspecteur)
“livestock” means cattle, goats, horses, sheep and swine, and any young of cattle, goats, horses, sheep and swine.(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 on that land and used in connection with that land.(enclos de bétail)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries.(ministre)
R.S.1973, c.D-11.1, 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; 2017, c.63, s.19; 2019, c.2, s.35
Appointment of inspectors
2(1)The Minister may appoint veterinarians registered under the Veterinarians Act to be inspectors.
2(2)Inspectors shall receive the remuneration that the Minister determines.
2(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 the inspector under the authority of this Act or the regulations.
R.S.1973, c.D-11.1, s.6
Right to enter premises
3On presentation of a certificate or other means of identification prescribed by the Minister, an inspector may enter into or on any premises other than a dwelling house and exercise any power or duty conferred or imposed on the inspector by the regulations with respect to the prevention and control of a disease.
R.S.1973, c.D-11.1, s.2
Duty to assist inspector
4A person having in the person’s possession or under the person’s charge an animal suspected by an inspector of being diseased shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Act and the regulations and shall furnish an inspector with the information that the inspector may reasonably require.
R.S.1973, c.D-11.1, s.4
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) when 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 the person’s possession or in the person’s charge to take the measures for the suppression or limitation of an outbreak of disease that are provided by regulation and shall cause a copy of the order to be served on that person.
R.S.1973, c.D-11.1, s.5
Cooperation with Minister or inspector
6No person shall
(a) obstruct the Minister or an inspector in the performance of his or her 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
7When required by the Minister or an inspector, a person shall 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
Offences and penalties
8(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
8(2)A person who violates or fails to comply with section 7 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
8(3)A person who violates or fails to comply with section 4 or paragraph 6(a) or (b) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
8(4)A person who violates or fails to comply with paragraph 6(c) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
8(5)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 2 of the Provincial Offences Procedure Act as a category F offence.
8(6)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 paragraph is admissible in evidence without proof of the appointment, authority or signature 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.
R.S.1973, c.D-11.1, s.7; 1990, c.61, s.36
Service of documents
9(1)Service of any document required to be served under this Act may be effected by serving the document personally on the person to be served or on 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 last known address of the person.
9(2)If a document is served by sending it 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 that person, the person did not receive the document.
R.S.1973, c.D-11.1, s.8
Proof of certificates
10A 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 appointment, authority or signature of the person purporting to have signed it.
R.S.1973, c.D-11.1, s.9
Regulations
11The 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 those fees;
(h) the slaughter of animals;
(i) the carrying on of a livestock yard sale when there has been no inspection or only partial inspection of the animals before the sale;
(j) the prohibition or the regulation of the sale of diseased animals or any part of diseased animals or any article of food derived from diseased animals;
(k) the inspection of the flesh of animals slaughtered for human consumption;
(l) the disinfection of vehicles used in the transportation of animals;
(m) the keeping by persons who carry on a livestock yard sale of records of transactions in respect of animals not sold for slaughter;
(n) the designation of wild or domestic mammals, other than those specified in section 1, to which this Act is to apply;
(o) any other measures required to be taken for the prevention, suppression or limitation of an outbreak of disease.
R.S.1973, c.D-11.1, s.3; 1982, c.19, s.2; 1983, c.27, s.1
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to March 29, 2019.