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Regulation number	Title
2023, c.19	Livestock Health Act

Under section 52 of the Livestock Health Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1 This Regulation may be cited as the General Regulation – Livestock Health Act.

Definition of “Act”

2In this Regulation, “Act” means the Livestock Health Act.

Prescribed animals

3 The following animals are prescribed for the purpose of the definition “livestock” in section 1 of the Act:

(a) donkeys;

(b) mules;

(c) alpacas;

(d) llamas;

(e) foxes;

(f) minks;

(g) rabbits;

(h) ostriches;

(i) emus;

(j) geese;

(k) turkeys; and

(l) domesticated game birds.

Prescribed animal products

4The following materials are prescribed for the purpose of the definition “animal product” in section 1 of the Act:

(a) fat; and

(b) organs.

Designated hazards

5 The hazards listed in Schedule A are prescribed as designated hazards for the purpose of the definition “designated hazard” in section 1 of the Act.

Reportable hazards

6 The designated hazards listed in Schedule B are prescribed as reportable hazards for the purpose of the definition “reportable hazard” in section 1 of the Act.

Reporting of a hazard

7(1)A report made under section 10 of the Act shall be made within 24 hours after a designated hazard or reportable hazard is suspected and may be made orally or in writing.

7(2)A written report of a reportable hazard shall be submitted to the Chief Veterinary Officer within 24 hours after a report is made under subsection (1).

7(3)A written report of a designated hazard shall be submitted to the Chief Veterinary Officer within five days after a report is made under subsection (1).

7(4)The written report under subsection (2) or (3) shall contain the following information:

(a) name and contact information of the person responsible for the livestock impacted;

(b) name of the hazard;

(c) the location of the livestock, including civic address;

(d) the species and number of livestock impacted by the hazard being reported;

(e) the date;

(f) a copy of the laboratory report, if any; and

(g) any additional information requested by the Chief Veterinary Officer.

Duties of the Chief Veterinary Officer

8(1)The Chief Veterinary Officer shall report to the Chief Medical Officer of Health, or equivalent, of Canada or of another province or territory of Canada on any matter that the Chief Veterinary Officer becomes aware of that is or may constitute a significant risk to public health.

8(2)The Chief Veterinary Officer may report to the federal Minister of Agriculture and Agri-Food any hazard in addition to those prescribed as reportable diseases under the Health of Animals Act (Canada) that, in the opinion of the Chief Veterinary Officer, is or may be a hazard that constitutes a serious risk to animal health.

Information collected from and disclosed to Department

9For the purposes of subsection 6(5) of the Act, the following information is prescribed:

(a) the name and civic address of a livestock producer;

(b) the inventory of a livestock operation, including the species and number of livestock raised in a livestock facility;

(c) the condition of livestock in a livestock facility, including hazard status;

(d) the location of a livestock facility, including civic address;

(e) contact information, including phone numbers and email addresses;

(f) information on analysis, grading or testing of samples by a laboratory and the test results;

(g) information concerning orders and approvals issued;

(h) information with respect to administrative penalties imposed under the Act or this Regulation;

(i) information contained in reports submitted; and

(j) information disclosed in inspection reports and test results.

Methods of testing

10 For the purposes of paragraphs 7(b) and 18(1)(a) of the Act, the methods prescribed for tests and other scientific investigations

(a) are the methods set out in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals (12th ed., 2023), published by the World Organization for Animal Health, as amended from time to time, or

(b) conform to the methods approved by the International Organization for Standardization (ISO).

Approvals

11 For the purposes of subsection 8(1) of the Act, the following activities are prescribed:

(a) the transfer or transport of livestock, animal products, animal by-products or equipment that is subject to a cease movement order under subsection 14(1) of the Act;

(b) the transfer or transport of livestock, animal products, animal by-products or equipment that is subject to a treatment order under subsection 22(1) of the Act;

(c) the transfer or transport of livestock, animal products, animal by-products or equipment that is subject to a cleaning and disinfection order under subsection 23(1) of the Act;

(d) the transfer or transport of livestock, animal products, animal by-products or equipment that is subject to a quarantine order under subsection 24(1) of the Act; and

(e) the transfer or transport of livestock, animal products, animal by-products or equipment that is subject to a controlled surveillance zone order under subsection 26(1) of the Act.

Areas for livestock health control zone orders

12For the purposes of subsection 13(1) of the Act, the counties of New Brunswick established in the Territorial Division Act are prescribed as the geographic areas in the Province.

Contents of destruction order

13For the purposes of paragraph 15(2)(c) of the Act, the following terms are prescribed:

(a) the method of disposal of the livestock to be destroyed;

(b) the name of the livestock producer;

(c) the contact information of the livestock producer;

(d) the location of the animals;

(e) the species of livestock to be destroyed;

(f) the number of livestock to be destroyed; and

(g) the name of the reportable hazard present among the targeted livestock.

Disposal order

14For the purposes of subsection 16(1) of the Act, a livestock producer shall dispose of livestock carcasses using the following methods:

(a) burial;

(b) composting;

(c) incineration; or

(d) any other method specified by the Chief Veterinary Officer to prevent the spread of hazards.

Notice of administrative penalty

15For the purposes of section 32 of the Act, a notice of administrative penalty shall include the following information and statements:

(a) the name of the person who is subject to the administrative penalty;

(b) the provision of the Act or regulations that the person violated or failed to comply with;

(c) a description of the violation or failure to comply, including a copy of any inspection or other report;

(d) the date the violation or failure to comply occurred;

(e) the amount of the administrative penalty;

(f) when and how to pay the administrative penalty;

(g) the consequences for failing to respond to the notice; and

(h) a statement that the person has the right to appeal the imposition of the administrative penalty to the Agriculture Appeal Board.

Time limit for serving notice of administrative penalty

16A notice of administrative penalty shall not be issued more than one year after the Chief Veterinary Officer first had knowledge of the violation or failure to comply.

Amount of administrative penalty

17(1)A person who violates or fails to comply with a provision of the Act listed in Column 1 of Schedule C is liable to an administrative penalty in the amount set out in Column 2 of that Schedule for

(a) a first violation or failure to comply,

(b) a second violation or failure to comply, or

(c) a third or subsequent violation or failure to comply.

17(2)If a violation or failure to comply with a provision of the Act continues for more than one day, the amount of the administrative penalty payable shall be the product of

(a) the penalty imposed under subsection (1), and

(b) the number of days that the violation or failure to comply continues.

Payment of administrative penalty

18(1)A person shall pay the administrative penalty set out in a notice of administrative penalty within 30 days after being served with the notice.

18(2)An administrative penalty is payable to the Minister of Finance and Treasury Board.

Interest

19 For the purposes of section 34 of the Act, interest shall be applied at a rate of 0.7591% per month compounded monthly or 9.5% per year.

Required information

20(1)For the purposes of subsection 48(1) of the Act, information about the following matters is prescribed:

(a) transfer and transport of livestock to or from a livestock facility;

(b) identification, monitoring and control of hazards; and

(c) testing and test results at a livestock facility.

20(2)For the purposes of subsection 48(2) of the Act, information shall be provided orally or in writing within 24 hours after a request is received.

Persons and bodies to whom information may be disclosed

21 The following persons and bodies are prescribed for the purposes of paragraph 49(4)(c) of the Act:

(a) a person appointed or designated as an inspector under section 17 of the Act;

(b) a department, as defined in section 1 of the Financial Administration Act, or agency of the Province;

(c) The New Brunswick Society for the Prevention of Cruelty to Animals, continued under the Society for the Prevention of Cruelty to Animals Act;

(d) any agency or Provincial Board as defined in the Natural Products Act.

Commencement

22This Regulation comes into force on September 1, 2024.

SCHEDULE A

Designated hazards

Hazard

All diseases listed in the Schedule to the Reportable Diseases Regulations, SOR/91-2, made under the Health of Animals Act (Canada)

All diseases listed in Schedule VII (Immediately Notifiable Diseases) to the Health of Animals Regulations, C.R.C., c. 296, made under the Health of Animals Act (Canada)

Aleutian disease virus

Bovine genital campylobacteria

Cache Valley Fever

Caprine arthritis - encephalitis (maedi-visna virus)

Caprine caseous lymphadenitis

Chlamydia species - Chlamydiosis

Coxiella burnetii (Q fever)

Cryptosporidiosis

Equine herpesvirus

Francisella tularensis (tularemia)

Giardiasis

Infectious laryngotracheitis

Influenza A virus

Listeria monocytogenes

Mycoplasma gallisepticum (MG)

Paratuberculosis (mycobacterium avium subspecies paratuberculosis)

Porcine coronaviruses, including porcine epidemic diarrhea, transmissible gastroenteritis, delta coronavirus

Salmonella species

SARS-CoV-2

Senecavirus A

Streptococcus equi (Strangles)

Toxoplasma gondii

Tuberculosis species

West Nile virus

Yersinia pestis (plague)

Yersinia pseudotuberculosis

SCHEDULE B

Reportable hazards

Hazard

All diseases listed in the Schedule to the Reportable Diseases Regulations, SOR/91-2, made under the Health of Animals Act (Canada)

All diseases listed in Schedule VII (Immediately Notifiable Diseases) to the Health of Animals Regulations, C.R.C., c. 296, made under the Health of Animals ActHealth of Animals Act (Canada)

Equine herpesvirus

Streptococcus equi (Strangles)

SCHEDULE C

Administrative penalties
Column 1	Column 2
Provision of the Act	Amount of penalty
10(1)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

11	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

13(4)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

14(4)(a)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

14(4)(b)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

15(3)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

16(2)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

21(1)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $3,100  $5,200

21(2)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

22(3)(a)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

22(3)(b)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

23(2)(a)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

23(2)(b)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

24(5)(a)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

24(5)(b)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000  $5,600  $10,200

26(2)(a)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000  $5,600  $10,200

26(2)(b)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

27(2)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$5,000  $12,500  $20,000

29(1)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000  $5,600  $10,200

29(2)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

29(3)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,000 $5,600  $10,200

42(12)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$4,000 $8,000  $12,000

48(1)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$500 $1,300  $2,100

48(2)	first violation or failure to comply second violation or failure to comply third or subsequent violation or failure to comply	$1,100 $1,600  $2,100

N.B. This Regulation is consolidated to August 16, 2024.

2024-62 - General

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