Acts and Regulations

2011, c.207 - Poultry Health Protection Act

Full text
Current to 1 January 2024
2011, c.207
Poultry Health Protection Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“agent or broker” means a person who sells chicks or receives consignments of chicks for resale or distribution but does not include a hatchery operator or an employee of a hatchery operator while engaged in selling chicks or receiving consignments on behalf of the hatchery operator.(agent ou courtier)
“chicks” means poultry one month old or less.(poussins)
“hatchery” means a building or portion of a building equipped with an incubator capacity of 200 or more eggs and used for incubation purposes.(couvoir)
“hatchery operator” means a person who operates a hatchery.(exploitant de couvoir)
“hatchery supply flock” means a flock of poultry that meets the requirements of the New Brunswick Hatchery Supply Flock Policy as prescribed by regulation.(troupeau produisant des oeufs d’incubation)
“hatching eggs” means eggs intended for the production of chicks.(oeufs d’incubation)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“poultry” means fowl or birds, domestic or wild.(volailles)
1981, c.61, s.2; 1986, c.8, s.102; 1996, c.25, s.29; 2000, c.26, s.244; 2007, c.10, s.77; 2010, c.31, s.107; 2017, c.63, s.48; 2019, c.2, s.111
Designates
2The Minister may designate one or more persons to act on the Minister’s behalf for the purposes of this Act and the regulations.
1981, c.61, s.2
Appointment and powers of inspectors
3(1)The Minister may appoint persons to be inspectors for the purpose of carrying out the provisions of this Act and the regulations.
3(2)For the purpose of ascertaining the existence of a prescribed disease, an inspector may at any reasonable time
(a) enter and search any place where the inspector has reason to believe that flocks of poultry or hatching eggs are present;
(b) stop and search any vehicle or equipment where the inspector has reason to believe that flocks of poultry or hatching eggs are present;
(c) seize and detain flocks of poultry or hatching eggs, vehicles or equipment containing poultry or hatching eggs or containers when the inspector has reason to believe that they contain or did contain poultry or hatching eggs, until such time as an investigation can be made to ascertain the existence of a prescribed disease;
(d) carry out tests and investigations to ascertain the existence of a prescribed disease;
(e) require the production for inspection of all books, records or other documents pertaining to poultry, hatching eggs or the disposition of them.
3(3)An inspector acting under subsection (2) may request the assistance of a peace officer.
3(4)Before an inspector enters and searches any place under paragraph (2)(a), he or she shall make a reasonable effort to obtain permission to enter and search from the person the inspector believes to be the owner of that place.
3(5)When permission has not been forthcoming under subsection (4), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
3(6)An inspector shall be furnished with a certificate of his or her appointment as an inspector and, in the course of his or her duties under subsection (2), shall produce the certificate if requested to do so.
3(7)The owner or person in charge of any place and every person found in that place and the owner or person in charge of the vehicle, equipment, containers or flock of poultry or hatchery eggs shall do the following:
(a) give an inspector all reasonable assistance in the owner’s or person’s power to enable the inspector to carry out his or her duties and functions under this Act and the regulations; and
(b) furnish the inspector with the information with respect to the administration of this Act and the regulations that the inspector may reasonably require.
3(8)No person shall obstruct or hinder an inspector in the carrying out of his or her duties or functions under this Act or the regulations.
3(9)No person shall knowingly make a false or misleading statement either verbally or in writing to an inspector engaged in carrying out his or her duties or functions under this Act or the regulations.
1981, c.61, s.2; 1986, c.6, s.35
Authorization to disinfect and to treat
4The Minister may authorize inspectors or other qualified persons to disinfect places, containers, vehicles and equipment and to treat a flock of poultry for the purpose of eradicating prescribed diseases.
1981, c.61, s.2
Offences and penalties
5(1)A person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
5(2)A person who violates or fails to comply with subsection 3(7) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
5(3)A person who violates or fails to comply with subsection 3(8) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
5(4)A person who violates or fails to comply with subsection 3(9) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
1981, c.61, s.2; 1990, c.61, s.113
Regulations
6(1)The Lieutenant-Governor in Council may make those regulations that the Lieutenant-Governor in Council considers necessary or expedient for the purpose of eradicating or preventing the spread of contagious diseases among poultry in the Province and, for that purpose, for controlling or prohibiting the admission into the Province of poultry infected with a contagious disease and, without limiting the generality of the foregoing, the Lieutenant-Governor in Council may make regulations
(a) providing that no person may have in the person’s possession in the Province poultry infected with a contagious disease;
(b) prohibiting the admission into the Province of poultry infected with a contagious disease;
(c) providing that no poultry may be admitted into the Province without a certificate of the Chief Veterinary Officer of Canada, or of any other person designated in the regulations, as to the freedom of the poultry from contagious disease;
(d) providing for the segregation or destruction and disposal without compensation to its owner of poultry infected with a contagious disease or of any flock of poultry among which poultry infected with a contagious disease are found;
(e) defining the contagious disease or contagious diseases to which a regulation made under this Act applies;
(f) respecting standards of construction and maintenance of a hatchery;
(g) respecting the issuing of licences to hatchery operators and prescribing terms and conditions of these licences;
(h) respecting the licensing of agents or brokers;
(i) respecting the conditions under which a hatchery operation is to be undertaken;
(j) respecting the conditions under which a brooding operation is to be undertaken;
(k) respecting the designation of flocks as hatchery supply flocks and the issuance of certificates certifying that a hatchery supply flock is free from any specified prescribed diseases and prescribing the terms and conditions of these certificates;
(l) respecting the conditions under which hatching eggs may be set;
(m) respecting the advertising of a hatchery or the advertising, packing, marking, purchase and sale of hatching eggs, chicks, poultry or flocks;
(n) respecting the quarantine of a place or area where flocks of poultry or hatching eggs are kept if a contagious disease is present or suspected to exist;
(o) providing for the seizure, detention or movement of a flock or part of a flock of poultry in a place or area under quarantine by a person appointed under section 3 when the person believes that a contagious disease is present or suspected to exist;
(p) providing for the seizure, detention or movement of hatching eggs produced by a flock of poultry in a place or area under quarantine or segregated or destroyed or if on reasonable grounds a person appointed under section 3 believes that a contagious disease is present or suspected to exist;
(q) providing for the release from detention of a flock or part of a flock of poultry or of hatching eggs produced by a flock of poultry in a place or area under quarantine or detained or segregated or destroyed, if the Minister is satisfied that the flocks or hatching eggs that have been seized or detained are not infected with any of the prescribed diseases;
(r) providing for the disposal of the whole or a part of a flock of poultry or hatching eggs that have been seized or detained;
(s) prescribing the manner in which flocks or hatching eggs shall be seized, detained, released, moved or disposed of;
(t) respecting the disinfection of a place, vehicle or container;
(u) respecting the treatment of a flock of poultry;
(v) respecting fees for disinfection services;
(w) respecting books, records and accounts to be maintained by hatchery operators or distributors;
(x) prescribing fees for licences or certificates issued under this Act;
(y) respecting forms to be used for the purposes of the regulations;
(z) generally for any other matter or thing incidental to or considered necessary or expedient for attaining the above objects.
6(2)A regulation may be general or particular in its application and may apply to all or any part of the Province.
R.S.1973, c.P-12, s.1; 1981, c.61, s.1; 1983, c.8, s.28
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to March 29, 2019.