2(1)Subject to subsection (2), this Act applies to all livestock producers and to any person having care and control of livestock in a livestock facility in the Province.

2(2)This Act or any provision of the Act does not apply to

2(3)A person exempted from the application of this Act or any provision of it shall comply with any terms and conditions prescribed by regulation.

3(1)If the Minister considers agreements necessary or expedient for the administration of this Act, the Minister may enter into agreements with any organization, agency, person or Minister of the Crown, or with the government of a province or territory of Canada, or the Government of Canada or a foreign country or state.

3(2)Without limiting the generality of subsection (1), the Minister may

4(1)The Minister may establish and maintain a registry of livestock producers in the Province.

4(2)The purpose of the registry is to establish a traceability system for livestock in the Province and to facilitate the provision of services prescribed by regulation.

4(3)The registry shall contain the information, including personal information relating to a livestock producer, prescribed by regulation.

5(1)The Minister may establish a fund to be used for the purpose of compensating livestock producers for losses.

5(2)The Minister shall administer any fund established under subsection (1) subject to and in accordance with the regulations.

6(1)The Minister shall appoint a veterinarian who is an employee of the Department as Chief Veterinary Officer.

6(2)The Chief Veterinary Officer shall exercise the powers and perform the duties imposed on the Chief Veterinary Officer under this Act and the regulations.

6(3)The Chief Veterinary Officer is responsible for the general supervision and direction over inspectors and may exercise all the powers of an inspector.

6(4)The Chief Veterinary Officer may access the registry and any database or information system of the Minister for the purpose of exercising the powers or performing the duties of the Chief Veterinary Officer.

6(5)The Chief Veterinary Officer may collect from and disclose to the Department any information, including personal information, prescribed by regulation relating to a person or matter under this Act and the regulations.

6(6)The Chief Veterinary Officer may designate one or more persons to act on the Chief Veterinary Officer’s behalf.

8(1)At the request of any person, the Chief Veterinary Officer may grant in writing an approval to carry out any activity prescribed by regulation.

8(2)An application for an approval shall be made to the Chief Veterinary Officer on a form provided by the Chief Veterinary Officer and accompanied by any information the Chief Veterinary Officer requires and the fee prescribed by regulation, if any.

8(3)The Chief Veterinary Officer may make approvals subject to the terms and conditions that the Chief Veterinary Officer considers advisable.

8(4)A person to whom the Chief Veterinary Officer gives an approval shall comply with the terms and conditions to which the approval is subject.

10(1)A livestock producer or person providing diagnostic or other services relating to livestock, as the case may be, shall report to the Chief Veterinary Officer if the livestock producer or person has reasonable grounds to suspect that there is among livestock or in livestock facilities the presence of a designated hazard or reportable hazard.

10(2)A report under subsection (1) shall be made in accordance with the regulations.

13(1)If the Chief Veterinary Officer has reasonable grounds to believe that a reportable hazard is or may be present in the Province, the Chief Veterinary Officer may make an order designating the Province or any geographic area in the Province prescribed by regulation as a livestock health control zone for the purpose of preventing, reducing and controlling the spread of the suspected or actual reportable hazard.

13(2)An order made under subsection (1) may

13(3)The Chief Veterinary Officer may amend, cancel or reinstate at any time an order made under subsection (1).

13(4)On publication of the order in accordance with subsection 42(5), no person within a livestock health control zone designated by order under subsection (1) shall refuse or fail to comply with any provision of the order.

14(1)If the Chief Veterinary Officer has reasonable grounds to believe that a reportable hazard is or may be present in any area, place or vehicle connected to the planned or imminent transport of livestock, the Chief Veterinary Officer may make an order directing any person involved to take or refrain from taking any action specified for the purpose of containing or limiting the reportable hazard.

14(2)The Chief Veterinary Officer may specify the time within which the person must comply with an order made under subsection (1).

14(3)An order under this section may require that the livestock intended to be transported be quarantined in accordance with the direction of the Chief Veterinary Officer.

14(4)No person served with an order under subsection (1) shall

15(1)If tests or other scientific analyses conducted under paragraph 7(b) or 18(1)(a) reveal the presence of a reportable hazard among the targeted livestock, the Chief Veterinary Officer may make an order directing the livestock producer to destroy all or some of the livestock.

15(2)An order under subsection (1) may specify

15(3)No person served with an order under subsection (1) shall refuse or fail to comply with any provision of the order.

16(1)The Chief Veterinary Officer may make an order directing a livestock producer to dispose of livestock carcasses in accordance with the regulations if

16(2)No person served with an order under subsection (1) shall refuse or fail to comply with any provision of the order.

17(1)Subject to subsection (2), the Minister may appoint or designate inspectors for the purpose of this Act.

17(2)The following persons are inspectors by virtue of their office:

17(3)The Minister shall issue to every inspector appointed or designated a certificate of appointment or designation.

17(4)An inspector, in the execution of the inspector’s duties under this Act or the regulations, shall produce the certificate on request.

18(1)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,

18(2)An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (1)(a).

18(3)For the purposes of an inspection under paragraph (1)(a), an inspector shall not enter a private dwelling unless the inspector

18(4)An inspector acting under this section may request the assistance of a peace officer.

19(1)An inspector may remove from a place, area or vehicle any certificate, book, record or document required to be produced under paragraph 18(1)(e) or discovered during an inspection for the purpose of making copies or making extracts.

19(2)An inspector who removes a certificate, book, record or document from a place, area or vehicle under subsection (1) shall provide a receipt for it to the person in charge of the place, area or vehicle and shall promptly return the certificate, book, record or document after making copies or taking extracts.

19(3)Copies of, or extracts from, certificates, books, records or documents removed from a place, area or vehicle under subsection (1) and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.

20(1)An inspector who undertakes an inspection under section 18 shall prepare an inspection report for the livestock producer and any person responsible for the place, area or vehicle inspected and shall provide a copy of the report to the Chief Veterinary Officer.

20(2)An inspection report shall include details of an inspection and, if applicable, any order made by the inspector to suppress, limit or otherwise deal with a reportable hazard.

21(1)No person shall obstruct, interfere with or fail to cooperate with an inspector who is carrying out or attempting to carry out an inspection under this Act.

21(2)No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector who is carrying out or attempting to carry out an inspection under this Act.

22(1)If, during an inspection under this Act, an inspector has reasonable grounds to believe that a reportable hazard is or may be present among livestock, the inspector may make an order requiring the livestock producer to treat the livestock.

22(2)An inspector may impose any terms or conditions the inspector considers appropriate on an order.

22(3)No person served with an order under subsection (1) shall

23(1)If, during an inspection under this Act, an inspector has reasonable grounds to believe that a reportable hazard is or may be present in a livestock facility or on the equipment, the inspector may order the livestock producer to

23(2)No person served with an order under subsection (1) shall

24(1)If, during an inspection under this Act, an inspector has reasonable grounds to believe that a reportable hazard is or may be present in the livestock facility or a part of the livestock facility, among livestock or on equipment, an inspector may order the quarantine of that livestock facility, livestock or equipment.

24(2)A quarantine order made under subsection (1) may direct a livestock producer to

24(3)An inspector may impose any terms or conditions on an order that the inspector considers appropriate.

24(4)An inspector may revoke an order under this section if the inspector is satisfied that the livestock producer has complied with the order.

24(5)No person served with an order under subsection (1) shall

25(1)In addition to a quarantine order under subsection 24(1), an inspector may, with the approval of the Chief Veterinary Officer, designate the area surrounding a livestock facility that is subject to a quarantine order as a controlled surveillance zone for the purposes of section 26.

25(2)The inspector may amend, cancel or reinstate at any time a designation made under subsection (1).

25(3)The Regulations Act does not apply to a designation made under subsection (1).

26(1)Upon designating a controlled surveillance zone, an inspector may order a livestock producer whose livestock facility or livestock is subject to a quarantine order to

26(2)No person served with an order under subsection (1) shall

27(1)An inspector may, by order, direct a livestock producer whose livestock or livestock facility is already subject to an order made under this Act or the regulations to take any measures the inspector recommends, in addition to those specified in the already existing order, to maintain the health and welfare of the subject livestock.

27(2)No person served with an order under subsection (1) shall refuse or fail to comply with any provision of the order.

28(1)An inspector may seize any livestock, animal product, animal by-product, equipment, container, book, record or document that the inspector believes on reasonable grounds may indicate the presence of a reportable hazard or may afford evidence of the commission of an offence under this Act or the regulations

28(2)If livestock, animal products, animal by-products, equipment, containers, books, records or documents are seized under subsection (1), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.

28(3)Subject to subsection (4), all livestock, animal products, animal by-products, equipment, containers, books, records or documents seized may be detained for a period not exceeding six months after the day of seizure unless, during that period, prosecution for an offence under this Act or the regulations has been commenced, in which case the livestock, animal products, animal by-products, equipment, containers, books, records or documents may be further detained until the proceedings, including the appeal proceedings, are finally concluded.

28(4)If livestock is seized under subsection (1), the inspector or other person having custody of the livestock, subject to the approval of the Chief Veterinary Officer, may

28(5)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,

29(1)No person shall conceal the presence of a reportable hazard among livestock in that person’s possession, care or control.

29(2)No person shall dispose of or otherwise sell, rent out, transport, convey in transit or destroy livestock, animal products or animal by-products in a manner that may cause or allow the spread of a reportable hazard where, to the knowledge of the person, there is a reportable hazard present.

29(3)No person shall allow equipment to be accessible to livestock if the equipment has, to the knowledge of the person, been exposed to a reportable hazard.

30(1)A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.

30(2)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.

30(3)Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act for an offence under subsection (2) or (6) shall be as follows:

30(4)If an offence under this Act continues for more than one day,

30(5)Subject to subsection (6), a person who violates or fails to comply with a provision of the regulations commits an offence.

30(6)For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

31(1)When imposing a penalty against a person convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order directing the person to do one or more of the following:

31(2)An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.

31(3)The judge shall specify in an order made under subsection (1) the period during which it is in effect, and the period shall not exceed five years.

32(1)Subject to and in accordance with the regulations, if the Chief Veterinary Officer is satisfied that a person has violated or failed to comply with this Act or the regulations, the Chief Veterinary Officer may impose an administrative penalty on the person by issuing a notice of administrative penalty.

32(2)A person referred to in subsection (1) who pays the administrative penalty shall be deemed to have contravened the provision of this Act or the regulations in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.

32(3)If a person referred to in subsection (1) does not pay the administrative penalty within 30 days after receiving the notice, the person may be charged with an offence under this Act or the regulations in respect of the same incident that gave rise to the administrative penalty.

32(4)Subject to subsection (3), a person charged with an offence under this Act or the regulations is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.

32(5)The Minister may sue for and recover an administrative penalty in an action in any court as if the amount were a debt.

35(1)An amount owing to the Minister under this Act or the regulations constitutes a debt due to the Province.

35(2)The Minister may issue a certificate stating the amount of the debt due and the name of the debtor.

35(3)A certificate issued under subsection (2) may be filed in The Court of King’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.

35(4)All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (3) may be recovered as if the amount had been included in the certificate.

35(5)When a debtor is a corporation that fails to pay the amount that is due and payable under this Act, the directors of the corporation at the time the corporation was required to pay the amount are jointly and severally liable, together with the corporation, to pay that amount and any interest and penalties in relation to that amount.

36(1)If a person is convicted of a violation of this Act or the regulations, livestock, animal products or animal by-products belonging to the person that have been seized under this Act or the Provincial Offences Procedure Act are forfeited to the Minister on the conviction of the person.

36(2)If a person is convicted of a violation of this Act or the regulations, the judge may order equipment or any other thing seized under this Act or the Provincial Offences Procedure Act that has not been returned to the person under section 28 to be forfeited to the Minister.

36(3)On the making of an order under subsection (2), the thing seized is forfeited to the Minister.

36(4)A forfeiture made under this section is in addition to any other penalty that may be imposed.

37(1)If livestock, animal products or animal by-products are forfeited under subsection 36(1), an inspector shall deliver them to the Minister and the Minister may dispose of them in the manner and at the time that the Minister considers appropriate.

37(2)If equipment or any other thing is forfeited under subsection 36(2), an inspector shall deal with it in accordance with the instructions of the Minister subject to subsection (3).

37(3)The Minister may, not sooner than 30 days after a conviction pursuant to this Act, dispose of equipment or any other thing forfeited under subsection 36(2) at public auction or in the manner and at the time that the Minister considers appropriate.

42(1)Except as otherwise provided in this Act, the Regulations Act does not apply to any order made under this Act or the regulations by the Chief Veterinary Officer or an inspector.

42(2)An order referred to in subsection (1) may be limited as to time or place.

42(3)The Chief Veterinary Officer or an inspector, as the case may be, may amend or revoke an order in writing or make a further order in relation to the same subject matter.

42(4)Subject to subsections (6) and (9), an order of the Chief Veterinary Officer or an inspector, as the case may be, is effective on the date it is made.

42(5)Despite subsection (9), an order of the Chief Veterinary Officer under section 9 or 13 shall be published on the Department website.

42(6)An order referred to in subsection (5) is effective on publication.

42(7)Failure to publish under subsection (5) does not affect the validity of the order.

42(8)Publication under subsection (5) is full and sufficient notice to all persons affected by the order of the making of the order.

42(9)Subject to subsection (10), an order of the Chief Veterinary Officer or an inspector shall be in writing and served on each person to whom the order was directed and is effective on service of the order.

42(10)If the delay necessary to put an order in writing will or is likely to substantially increase the risk to the well-being of any person or livestock, the Chief Veterinary Officer or an inspector may make the order orally.

42(11)Where an order is made orally, it shall be put into writing and served on each person to whom the order was directed no later than seven days after the making of the oral order, but a failure to comply with this subsection does not affect the validity of the order.

42(12)A person who has been served with an order referred to in subsection (9) shall comply with the order within the time, if any, specified in the order.

42(13)An order remains in effect until the time specified in the order or until revoked by the Chief Veterinary Officer or an inspector, as the case may be.

42(14)An order of the Chief Veterinary Officer is final and conclusive and, except on the grounds of an excess of jurisdiction or a denial of natural justice, shall not be questioned or reviewed in any court.

43(1)If, in the opinion of the Chief Veterinary Officer or an inspector, the action taken under an order given is not adequate, the Chief Veterinary Officer, or the inspector with the approval of the Chief Veterinary Officer, may order the taking of any remedial action considered necessary.

43(2)If a person to whom an order is directed fails or refuses to comply in whole or in part with the order, the Chief Veterinary Officer, or the inspector with the approval of the Chief Veterinary Officer, may enter any place, area or vehicle except a dwelling house, together with the persons, materials and equipment considered necessary, and may take any further action considered necessary to effect compliance with or to carry out the order.

43(3)Any cost, charge, loss, damage or expense incurred by the Chief Veterinary Officer or an inspector, as the case may be, while acting under this section shall be a liability of and paid by any person who failed or refused to comply with an order and becomes a debt due to the Province.

48(1)A livestock producer shall maintain the books, records and documents that, in the opinion of the Chief Veterinary Officer, are necessary for the proper recording of the information, including personal information, prescribed by regulation.

48(2)On the request of the Chief Veterinary Officer, a livestock producer shall provide to the Chief Veterinary Officer any information required to be maintained in the books, records and documents under this Act or the regulations that the Chief Veterinary Officer reasonably requires, within the time and in the manner prescribed by regulation.

49(1)Despite the Right to Information and Protection of Privacy Act but subject to subsections (2) to (4), all information acquired by the Minister, the Chief Veterinary Officer, an inspector or any other person in relation to a person or matter under this Act or the regulations is confidential to the extent that its release would tend to reveal personal information about that person.

49(2)For the purposes of administering the Act, an employee of the Department may disclose any information, including personal information, to any other employee of the Department.

49(3)An employee of the Department may, with the consent of the person to whom it relates, disclose any information, book, record or document obtained under this Act.

49(4)For the purposes of administering this Act or assisting in the administration of similar legislation of another jurisdiction, an employee of the Department may disclose any information, including personal information, to any of the following persons:

52(1)The Lieutenant-Governor in Council may make regulations

52(2)A regulation authorized by this section may incorporate by reference, in whole or in part, any codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with that code, standard, procedure or guideline.

52(3)Regulations may vary for or be made in respect of different persons, matters, activities or things or different classes or categories of persons, matters, activities or things.

52(4)A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.