Acts and Regulations

P-12 - Poultry Health Protection Act

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Repealed on 1 September 2011
CHAPTER P-12
Poultry Health Protection Act
Repealed: R.S.N.B. 2011, Schedule A
Power of Lieutenant-Governor in Council to make regulations
1(1)The Lieutenant-Governor in Council may make such regulations as he deems 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 his 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 Veterinary Director General (Canada), or of such other person as may be designated in the regulations, as to the freedom of such poultry from contagious disease;
(d) providing for the segregation or destruction and disposal without compensation to the owner thereof 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 any regulation made hereunder applies;
(f) respecting standards of construction and maintenance of a hatchery;
(f.1) respecting the issuing of licences to hatcherymen and prescribing terms and conditions of these licences;
(f.2) respecting the licensing of agents or brokers;
(f.3) respecting the conditions under which a hatchery operation is to be undertaken;
(f.4) respecting the conditions under which a brooding operation is to be undertaken;
(f.5) 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;
(f.6) respecting the conditions under which hatching eggs may be set;
(f.7) respecting the advertising of a hatchery or the advertising, packing, marking, purchase and sale of hatching eggs, chicks, poultry, or flocks;
(f.8) respecting the quarantine of any place or area where flocks of poultry or hatching eggs are kept if a contagious disease is present or suspected to exist;
(f.9) providing for the seizure, detention or movement of any flock or part of a flock of poultry in any place or area under quarantine by any person appointed under section 2 where he believes that a contagious disease is present or suspected to exist;
(f.10) providing for the seizure, detention or movement of any hatching eggs produced by any flock of poultry in any place or area under quarantine or segregated or destroyed or if on reasonable grounds a person appointed under section 2 believes that a contagious disease is present or suspected to exist;
(f.11) providing for the release from detention of any flock or part of a flock of poultry or of hatching eggs produced by any flock of poultry in any place or area under quarantine or detained or segregated or destroyed, where 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;
(f.12) providing for the disposal of the whole or any part of a flock of poultry or any hatching eggs that have been seized or detained;
(f.13) prescribing the manner in which flocks or hatching eggs shall be seized, detained, released, moved or disposed of;
(f.14) respecting the disinfection of any place, vehicle or container;
(f.15) respecting the treatment of any flock of poultry;
(f.16) respecting fees for disinfection services;
(f.17) respecting books, records and accounts to be maintained by hatcherymen or distributors;
(f.18) prescribing fees for licences or certificates issued under this Act;
(f.19) respecting forms to be used for the purposes of the regulations;
(g) generally for any other matter or thing incidental to or deemed necessary or expedient for attaining the above objects.
Application of regulations
1(2)Any regulation may be general or particular in its application and may apply to all or any part of the Province.
Repealed
1(3)Repealed: 1983, c.8, s.28
R.S., c.173, s.1; 1981, c.61, s.1; 1983, c.8, s.28
Definitions
1.1(1)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 hatcheryman or any employee of a hatcheryman while he is engaged in selling chicks or receiving consignments on behalf of the hatcheryman;(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 two hundred or more eggs and used for incubation purposes;(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)
“hatcheryman” means any person who operates a hatchery;(exploitant de couvoir)
“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 to act on the Minister’s behalf;(Ministre)
“poultry” means fowl or birds, domestic or wild.(volailles)
1.1(2)The Minister may designate any person to act on his behalf for the purposes of this Act and the regulations.
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
Appointment and powers of inspectors
2(1)The Minister may appoint persons to be inspectors for the purpose of carrying out the provisions of this Act and the regulations.
2(2)An inspector may, for the purpose of ascertaining the existence of any prescribed disease, at any reasonable time
(a) enter and search any place where he has reason to believe that flocks of poultry or hatching eggs are present;
(b) stop and search any vehicle or equipment where he 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 where he 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 any prescribed disease;
(d) carry out tests and investigations to ascertain the existence of any prescribed disease;
(e) require the production for inspection of all books, records or other documents pertaining to poultry, hatching eggs or the disposition thereof.
2(3)An inspector acting under subsection (2) may request the assistance of a peace officer.
2(4)An inspector before entering and searching any place under paragraph (2)(a) shall make a reasonable effort to obtain permission to enter and search from the person he believes to be the owner of that place.
2(4.1)Where permission has not been forthcoming under subsection (4), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
2(5)An inspector shall be furnished with a certificate of his appointment as an inspector and in the course of his duties under subsection (2) shall if so requested, produce the certificate.
2(6)The owner or person in charge of any place and every person found therein and the owner or person in charge of the vehicle, equipment, containers or flock of poultry or hatchery eggs shall give an inspector all reasonable assistance in his power to enable the inspector to carry out his duties and functions under this Act and the regulations and shall furnish him with such information with respect to the administration of this Act and the regulations as he may reasonably require.
2(7)No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations.
2(8)No person shall knowingly make a false or misleading statement either verbally or in writing to an inspector engaged in carrying out his duties or functions under this Act or the regulations.
1981, c.61, s.2; 1986, c.6, s.35
Appointment and powers of inspectors
3The 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
4(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.
4(2)A person who violates or fails to comply with subsection 2(6) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
4(3)A person who violates or fails to comply with subsection 2(7) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
4(4)A person who violates or fails to comply with subsection 2(8) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1981, c.61, s.2; 1990, c.61, s.113
N.B. This Act is consolidated to September 1, 2011.