Acts and Regulations

84-71 - General

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-71
under the
Poultry Health Protection Act
(O.C. 84-282)
Filed April 24, 1984
Under section 6 of the Poultry Health Protection Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
1This Regulation may be cited as the General Regulation - Poultry Health Protection Act.
2In this Regulation
“chicken” means any bird of the species Gallus domesticus;(poulet)
“Director” means the Director of the Animal Industry Branch of the Department of Agriculture, Aquaculture and Fisheries; (directeur)
“game birds” means domesticated game birds that are in captivity and includes pheasant, partridge, quail, grouse, guinea fowl and pea fowl but does not include doves, pigeons, ducks, geese, psittacine and song birds;(gibier à plume)
“registered hatchery” means a hatchery that is registered by the Minister of Agriculture of the federal Department of Agriculture under the Livestock and Livestock Products Act, chapter L-8 of the Revised Statutes of Canada, 1970;(couvoir enregistré)
“turkey” means any bird of the species Meleagris gallopavo.(dindon)
88-171; 96-38; 2000, c.26, s.246; 2007, c.10, s.79; 2010, c.31, s.109
3Subject to section 4, no live poultry shall be admitted into the Province unless it is accompanied by a certificate from a veterinarian acceptable to the Director stating that:
(a) the poultry is free from infectious laryngotracheitis;
(b) no outbreak of infectious laryngotracheitis has occurred in such close proximity to the poultry as to subject it, in the opinion of the veterinarian, to the danger of infection from that disease; and
(c) the poultry has not been vaccinated against infectious laryngotracheitis.
4(1)A certificate under section 3 is not required in respect of day old chicks from a registered hatchery.
4(2)Chickens, turkeys and game birds which are intended to be shown or exhibited shall be accompanied by a certificate from a person acceptable to the Director stating that the chickens, turkeys or game birds have been vaccinated for infectious laryngotracheitis thirty days before the date of the show or exhibition.
88-171
5The Minister may enter any premises where live poultry, poultry equipment in use or hatching eggs are kept or housed for the purpose of inspection for contagious diseases.
6(1)The Minister may order the destruction, segregation or other disposal of
(a) live poultry, poultry equipment or hatching eggs infected with a contagious disease, as certified by the Minister, or
(b) any flock of poultry among which poultry infected with a contagious disease, as certified by the Minister, is found,
without compensation to the owner thereof.
6(2)An order provided for in subsection (1) shall be in writing and directed to the owner.
6(3)If an owner does not comply with an order provided for in subsection (1) in the manner and within the time stated in the order, the Minister may direct any other person to carry out the terms of such order.
6(4)Every person to whom an order referred to in subsection (1) is directed shall comply with such order.
7(1)Where the Minister orders the destruction, segregation or disposal of live poultry infected with a contagious disease in accordance with section 6, he may order the premises where the poultry is kept or the surrounding area to be under quarantine for the period of time specified in the quarantine order.
7(2)No person shall purchase or obtain during the period specified in a quarantine order any flock which he intends to keep in premises or areas which are subject to a quarantine order made under subsection (1) unless he has procured a certificate from a veterinarian certifying that the flock is free of the contagious disease.
7(3)A quarantine order made under subsection (1) shall be in writing and directed to any person who is in possession of live poultry being kept in the area subject to the quarantine order.
8(1)An inspector may enter any premises within an area which is subject to a quarantine order made under section 7 and may order the owner or the person who is in possession of the flock
(a) to take such action as the inspector considers necessary to eradicate or control the contagious disease within a specified period of time, or
(b) to destroy the flock in the manner approved by the inspector.
8(2)Where a person fails or neglects to comply with the order of an inspector made under subsection (1), the Minister may direct the inspector to carry out the terms of the order.
9(1)In this section
“operator” means the owner, manager or any person or organization responsible for the organization of a show or exhibition where chickens, turkeys or game birds are shown or exhibited.(organisateur)
(a) person shall show or exhibit chickens, turkeys or game birds, and
(b) operator of a show or exhibition shall permit to be shown or exhibited chickens, turkeys or game birds,
at a show or exhibition unless the chickens, turkeys or game birds are accompanied by a certificate signed by an inspector indicating
(c) that all chickens, turkeys or game birds which are four weeks of age and over in the flock of origin of those birds being shown or exhibited have proved negative to a seriological test for salmonella pullorum and salmonella gallinarum within twelve months preceding the show or exhibition,
(d) that the chickens, turkeys or game birds being shown or exhibited were included in the flock of origin at the time of the test referred to in paragraph (c), and
(e) the date on which the test was conducted.
10(1)No person shall show or exhibit a chicken, turkey or game bird at a show or exhibition unless the bird is tagged with an identification tag in the form prescribed by Schedule A.
10(2)Subject to subsection (3), no person except an inspector shall affix or cause to be affixed to a chicken, turkey or game bird being shown or exhibited at a show or exhibition an identification tag in the form prescribed by Schedule A.
10(3)The identification tag referred to in subsection (1) shall be affixed by an inspector to a chicken, turkey or game bird immediately after the bird has been tested by that inspector for salmonella pullorum and salmonella gallinarum where the inspector is satisfied that the tests are negative.
11(1)No person shall vaccinate or cause the vaccination of chickens, turkeys or game birds for infectious laryngotracheitis except for chickens, turkeys or game birds
(a) which are intended to be shown or exhibited, or
(b) which have been vaccinated in accordance with an order of the Minister under section 13.
11(2)No person shall show or exhibit chickens, turkeys or game birds at a show or exhibition unless the birds have been vaccinated for infectious laryngotracheitis by an inspector thirty days prior to the date of the show or exhibition.
12For the purposes of this Regulation, “contagious disease” includes infectious laryngotracheitis, salmonella pullorum, salmonella gallinarum, mycoplasma gallisepticum, mycoplasma synovaie, fowl cholera, newcastle and chlamydia.
13(1)If the Minister is of the opinion that there is an outbreak of a contagious disease in a flock, he may order the vaccination of that flock or any other flock in the surrounding area for the disease.
13(2)Any person in possession of the flock which is the subject of an order under subsection (1) shall comply with the order.
13(3)Written notice of the order of the Minister shall be served on every person who is in possession of a flock of poultry which is subject to the order.
13(4)Vaccines approved by the Minister shall be used for the vaccination of a flock for the purposes of subsection (1).
14Regulation 134, Statutory Orders and Regulations, 1963, under the Poultry Health Protection Act is repealed.
SCHEDULE A
The identification tag referred to in section 10 shall be a gold-coloured locking bar, shall be consecutively numbered starting with 001 and is further illustrated as follows:
N.B. This Regulation is consolidated to May 15, 2018.