GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Health of Animals Act — H-3.3 7
Notice forbidding entry 7 (1) Where (a) there exists in an area a disease or toxic substance that is capable of affecting animals, and (b) reasonable steps have been taken by the Minister to (i) bring the existence of the disease or toxic substance to the attention of persons having the possession, care or control of animals in the area, and (ii) make those persons aware of the requirements of this subsection, every person in that area who owns or has the possession, care or control of an animal shall affix at the entrance to the building or other enclosed place in which the animal is kept a notice forbidding entry without the person’s permission. Notice forbidding entry without permission (2) A person who owns or has the possession, care or control of an animal shall affix at the entrance to the building or other enclosed place in which the animal is kept a notice forbidding entry without the permission of an inspector or officer where there exists in the area a disease or toxic substance that is capable of affecting the animal and the inspector or officer requires such a notice to be so affixed. Prohibition (3) No person shall knowingly enter a building or other enclosed place in contravention of a notice affixed under this section, unless the person has a right of entry or way into the building or place or any part thereof or an inspector or officer has authorized the entry.
Health of Animals Act — H-3.3 8
Concealment 8 No person shall conceal the existence of a reportable disease or toxic substance among animals.
Health of Animals Act — H-3.3 9
Keeping diseased animals 9 No person shall turn out, keep or graze on any undivided or unenclosed land any animal that the person knows is affected or contaminated by, or has been exposed to, any reportable disease or toxic substance.
Health of Animals Act — H-3.3 10
Bringing diseased animals to market 10 No person shall, without a licence issued by an inspector or officer, bring into any market, fair or other place any animal that is known by the person to be affected or contaminated by, or has been exposed to, any reportable disease or toxic substance. 1990, c. 21, s. 10; 2015, c. 3, s. 100(F)
Health of Animals Act — H-3.3 11
Selling or disposing of diseased animals 11 No person shall, without a licence issued by an inspector or officer, sell or offer or expose for sale or otherwise transfer the ownership of (a) any animal or any part of an animal that the person knows is affected or contaminated by, or has been exposed to, any reportable disease or toxic substance, or (b) any animal product or animal by-product that the person knows was obtained from an animal that was affected or contaminated by, or was exposed to, any reportable disease or toxic substance at the time of its death, whether or not the person is the owner of the animal, animal product or animal by-product.
Health of Animals Act — H-3.3 11.1
Recall order — Canadian Food Inspection Agency Act 11.1 No person shall sell an animal or thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act . 2015, c. 2, s. 86
Health of Animals Act — H-3.3 12
Throwing carcasses into water 12 No person shall throw or place in any body of water the carcass or any part of an animal that at the time of its death was to the person’s knowledge affected or contaminated by, or was exposed to, any disease or toxic substance, or that was destroyed because it was, or was suspected of being, affected or contaminated by a disease or toxic substance. 1990, c. 21, s. 12; 2015, c. 2, s. 87(F)
Health of Animals Act — H-3.3 13
Digging up carcasses 13 (1) No person shall, without lawful authority or excuse, dig up all or any part of the buried carcass of an animal that died or is suspected of having died as a result of being affected or contaminated by a disease or toxic substance, or that was destroyed because it was, or was suspected of being, affected or contaminated by a disease or toxic substance. Experimentation and examination (2) The Minister may (a) reserve for experimentation an animal required to be destroyed under this Act or the carcass of an animal destroyed under this Act; and (b) authorize an inspector or officer to perform a post mortem examination of the carcass of an animal that has died or is suspected of having died from a disease or toxic substance and, if the carcass is buried, to dig it up for the purpose of the examination.
Health of Animals Act — H-3.3 14
Regulations prohibiting importation 14 The Minister may make regulations prohibiting the importation of any animal or other thing into Canada, any part of Canada or any Canadian port, either generally or from any place named in the regulations, for such period as the Minister considers necessary for the purpose of preventing a disease or toxic substance from being introduced into or spread within Canada.
Health of Animals Act — H-3.3 15
Prohibition of possession or disposition 15 (1) No person shall possess or dispose of an animal or thing that the person knows was imported in contravention of this Act or the regulations. Presumption (2) In any prosecution for an offence under subsection (1), an accused who is found to have been in possession of an animal or thing that was imported in contravention of this Act or the regulations shall be considered, in the absence of evidence to the contrary, to have known that the thing was so imported.
Health of Animals Act — H-3.3 16
Importation into Canada 16 (1) Where a person imports into Canada any animal, animal product, animal byproduct, animal food or veterinary biologic, or any other thing used in respect of animals or contaminated by a disease or toxic substance, the person shall, either before or at the time of importation, present the animal, animal product, animal by-product, animal food, veterinary biologic or other thing to an inspector, officer or customs officer who may inspect it or detain it until it has been inspected or otherwise dealt with by an inspector or officer. Regulations (2) The Minister may make regulations for exempting animals or things from the application of this section and respecting the manner of presenting things for inspection. 1990, c. 21, s. 16; 2015, c. 2, s. 88(F)
Health of Animals Act — H-3.3 17
Forfeiture of imports 17 Subject to section 18, if the Minister determines that an animal or thing has been imported — or an attempt has been made to import an animal or thing — in contravention of this Act or the regulations or that a requirement imposed by or under the regulations in respect of an imported animal or thing has not been met, it is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct. 1990, c. 21, s. 17; 2015, c. 2, s. 89
Health of Animals Act — H-3.3 18
Removal or destruction of unlawful imports 18 (1) An inspector or officer who has reasonable grounds to believe that an imported animal or thing has been imported in contravention of this Act or the regulations, is or could be affected or contaminated by a disease or toxic substance or is a vector or that a requirement imposed by or under the regulations in respect of an imported animal or thing has not been met may, by notice, whether the animal or thing is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to dispose of it. Notice (2) The notice must either be delivered personally to the owner or importer of the animal or thing or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada. Forfeiture (3) If the animal or thing is not removed from Canada, or disposed of, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 45(1), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct. Suspension of application of subsection (3) (4) An inspector or officer may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that (a) harm to human or animal health or, in the case of a veterinary biologic, to the environment is unlikely to result; (b) the animal or thing will not be sold within that period; (c) the measures that should have been taken for the animal or thing not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and (d) if the animal or thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period. Cancellation (5) An inspector or officer may cancel the notice if he or she is satisfied that (a) harm to human or animal health or, in the case of a veterinary biologic, to the environment is unlikely to result; (b) the animal or thing has not been sold within the period referred to in subsection (6); (c) the measures referred to in paragraph (4)(c) were taken within that period; and (d) if the animal or thing did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period. Period (6) The period for the purposes of subsection (5) is (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent. Non-forfeiture (7) Section 17 does not apply to the animal or thing that is required to be removed from Canada. 1990, c. 21, s. 18; 2015, c. 2, s. 89
Health of Animals Act — H-3.3 19
Certificate required 19 (1) No person shall export an animal from Canada by vessel or aircraft unless (a) prior notice of the export of the animal has been given to a customs officer in charge of the place where the animal is to board the vessel or aircraft and the animal has been presented to a veterinary inspector in accordance with subsection (2) at that place; and (b) a certificate of the veterinary inspector has been received by the person certifying that all the prescribed requirements respecting the health, protection and transportation of the animal have been complied with. Presentation of animal (2) An animal that is required to be inspected shall be presented in such manner and under such conditions as the veterinary inspector considers necessary to carry out the inspection. Copy of certificate (3) A copy of the certificate referred to in paragraph (1)(b) shall be delivered to (a) the master or agent of the vessel or the pilot in command or operator of the aircraft; and (b) the chief officer of customs of the port or airport from which the vessel or aircraft is to depart. No departure without certificate (4) Where a vessel or aircraft that is to depart from Canada has an animal on board, (a) no person shall send the vessel to sea or the aircraft on its flight, and (b) no person in charge of the vessel or aircraft shall take the vessel to sea or the aircraft on its flight, unless a copy of a certificate in respect of the animal has been delivered in accordance with subsection (3). Detention (5) The chief officer of customs referred to in paragraph (3)(b) shall detain animals until a copy of the certificate referred to in paragraph (1)(b) has been delivered to that officer. Exemptions (6) The Minister may make regulations exempting animals or categories of animals and shipments and categories of shipments from the application of this section.
Health of Animals Act — H-3.3 20
Certain Acts not affected 20 Nothing in this Act affects (a) the provisions of the Canada Shipping Act, 2001 respecting inspections authorized under paragraph 11(2)(e) of that Act to be carried out, (b) chapter 33 of the Statutes of Canada, 1871, entitled An Act to provide for the appointment of a Port Warden for the Harbor of Quebec , (c) chapter 11 of the Statutes of Canada, 1873, entitled An Act to amend the Acts relating to Port Wardens at Montreal and Quebec , or (d) chapter 45 of the Statutes of Canada, 1882, entitled An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal , and this Act shall, with respect to the ports to which the Acts referred to in paragraphs (a) to (d) apply, be construed as having been enacted in addition to and not in derogation from those Acts. 1990, c. 21, s. 20; 2001, c. 26, s. 304
Health of Animals Act — H-3.3 21
Assistance 21 The Minister may provide assistance, both financial and technical, to any person or government outside Canada in controlling or eradicating a disease or toxic substance that affects or could affect persons or animals in Canada.
Health of Animals Act — H-3.3 22
Declaration of infected place 22 (1) Where an inspector or officer suspects or determines that a disease or toxic substance exists in a place and is of the opinion that it could spread or that animals or things entering the place could become affected or contaminated by it, the inspector or officer may in writing declare that the place is infected and identify the disease or toxic substance that is believed to exist there, and such a declaration may subsequently be amended by the inspector or officer. Delivery of declaration (2) When the declaration is delivered to the occupier or owner of the place to which it relates, the place, together with all contiguous lands, buildings and other places occupied or owned by the occupier or owner, constitutes an infected place.
Health of Animals Act — H-3.3 23
Further declaration 23 (1) For the purpose of preventing the spread of a disease or toxic substance, an inspector or officer may in writing declare that any land, building or other place, any part of which lies within five kilometres of the limits of a place declared to be infected under section 22, is infected and identify the disease or toxic substance that could spread there. Delivery of declaration (2) When the declaration has been delivered to the occupier or owner of any land, building or other place mentioned in subsection (1), the land, building or other place, together with all contiguous lands, buildings and other places occupied or owned by the same occupier or owner, constitutes an infected place.
Health of Animals Act — H-3.3 24
Where occupier or owner not found 24 Where an inspector or officer cannot, after the exercise of due diligence, find the occupier or owner of any land, building or other place, delivery of a declaration may be effected by posting it on the building or on any building or conspicuous object on the land or at the place.
Health of Animals Act — H-3.3 25
Prohibition — infected place 25 (1) No person shall, without a licence issued by an inspector or officer, remove from or take into an infected place any animal or thing. Return (2) Where an inspector or officer believes on reasonable grounds that any animal or thing has been removed from or taken into an infected place in contravention of subsection (1), the inspector or officer may, whether or not the animal or thing is seized, (a) return it to or remove it from the infected place, or move it to any other place; or (b) require its owner or the person having the possession, care or control of it to return it to or remove it from the infected place, or move it to any other place. Notice (3) A requirement under paragraph (2)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the animal or thing or by sending the notice to the owner or person, and the notice may specify the period within which and the manner in which the animal or thing is to be returned or removed. 1990, c. 21, s. 25; 2012, c. 19, s. 507; 2015, c. 3, s. 101(F)
Health of Animals Act — H-3.3 26
Declaration that place no longer infected 26 A place, or any part of a place, that has been constituted to be an infected place by the delivery of a declaration under section 22 or 23 ceases to be an infected place when an inspector or officer declares in writing that (a) the disease or toxic substance described in the declaration (i) does not exist in, or will not spread from, the place or the part of the place, or (ii) is not injurious to the health of persons or animals; or (b) the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance. 1990, c. 21, s. 26; 2012, c. 19, s. 508
Health of Animals Act — H-3.3 27
Primary control zone 27 (1) If the Minister believes that a disease or toxic substance exists in an area, he or she may, by order, declare the area to be a primary control zone, in which case the Minister shall describe the zone and identify the disease or toxic substance. Designated animal or thing (2) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the primary control zone is declared. Prohibition — primary control zone (3) No person shall remove from, move within or take into the primary control zone a designated animal or thing except in accordance with a permit issued by the Minister. 1990, c. 21, s. 27; 2012, c. 19, s. 508
Health of Animals Act — H-3.3 27.1
Secondary control zone 27.1 (1) If the Minister makes an order under subsection 27(1), he or she may — for the purpose of preventing the spread of the disease or toxic substance identified in the order or monitoring that disease or toxic substance — by order, declare any area that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone. Disease outside Canada (2) If the Minister believes that a disease or toxic substance exists in an area outside Canada, he or she may — for the purpose of preventing the spread of that disease or toxic substance into Canada or monitoring that disease or toxic substance — by order, declare any area in Canada that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone and identify that disease or toxic substance. Designated animal or thing (3) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the secondary control zone referred to in subsection (2) is declared. Conditions (4) The Minister may, by order, prohibit or impose conditions on — including requiring a permit for — removing from, moving within or taking into a secondary control zone a designated animal or thing. Compliance (5) Any person to whom an order made under subsection (4) applies shall comply with it. 2012, c. 19, s. 508
Health of Animals Act — H-3.3 27.2
Permits 27.2 A permit referred to in subsection 27(3) or 27.1(4) may be issued as a general permit to owners or persons having the possession, care or control of a designated animal or thing. 2012, c. 19, s. 508
Health of Animals Act — H-3.3 27.3
Order amended 27.3 The Minister may, by order, amend or revoke an order made under subsection 27(1) or (2) or one made under any of subsections 27.1(1) to (4). 2012, c. 19, s. 508
Health of Animals Act — H-3.3 27.4
Measures 27.4 The Minister may take all reasonable measures that are consistent with public safety to remedy any dangerous condition or mitigate any danger to life, health, property or the environment that results, or may reasonably be expected to result, from the existence of a disease or toxic substance in a primary control zone. 2012, c. 19, s. 508
Health of Animals Act — H-3.3 27.5
Regulations 27.5 The Minister may make regulations prohibiting or regulating the movement of persons or designated animals or things from, within or into a primary or secondary control zone for the purpose of controlling or eliminating a disease or toxic substance, in respect of which the primary control zone or a secondary control zone referred to in subsection 27.1(2) was declared, or preventing its spread. 2012, c. 19, s. 508
Health of Animals Act — H-3.3 27.6
Treatment or disposal 27.6 (1) The Minister may, in respect of a designated animal or thing that is or has been in a primary or secondary control zone, (a) treat that animal or thing or require its owner or the person having the possession, care or control of it to treat it or to have it treated if the Minister considers that the treatment will be effective in eliminating the disease or toxic substance or preventing its spread; or (b) dispose of that animal or thing or require its owner or the person having the possession, care or control of it to dispose of it. Return animal or thing (2) If an inspector or officer believes on reasonable grounds that a designated animal or thing has been removed from, moved within or taken into a primary control zone in contravention of subsection 27(3) — or a secondary control zone in contravention of an order made under subsection 27.1(4) — the inspector or officer may, whether or not that animal or thing is seized, move it to any place or require its owner or the person having the possession, care or control of it to move it to any place. Notice (3) A requirement under subsection (1) or (2) shall be communicated by the personal delivery of a notice to the owner or person having the possession, care or control of the animal or thing, or by sending the notice to the owner or person. The notice shall specify the period within which and the manner in which the requirement is to be met. 2012, c. 19, s. 508
Health of Animals Act — H-3.3 28
Statutory Instruments Act 28 (1) The Statutory Instruments Act does not apply in respect of a declaration under section 22, 23 or 26, an order made under subsection 27(1) or (2), any of subsections 27.1(1) to (4) or section 27.3 or a permit referred to in subsection 27(3) or 27.1(4) that is issued as a general permit. Accessibility (2) The Minister shall take any steps that may be reasonable in the circumstances to make the order or general permit accessible to persons likely to be affected by it. 1990, c. 21, s. 28; 2012, c. 19, s. 508
Health of Animals Act — H-3.3 29
Operation of services and facilities 29 The Minister may operate, provide or approve any diagnostic, research, laboratory or other services or facilities required for the purposes of this Act or any regulations.
Health of Animals Act — H-3.3 30
Designation of facilities 30 The Minister may designate areas, offices, laboratories or other facilities inside or outside Canada for a specified purpose or generally for the administration of this Act or the regulations and may at any time amend, cancel or reinstate any such designation.
Health of Animals Act — H-3.3 32
Designation 32 (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act analysts, inspectors, veterinary inspectors and officers for the purposes of this Act. Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors, officers and veterinary inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector, officer or veterinary inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation. 1990, c. 21, s. 32; 1997, c. 6, s. 68; 2005, c. 38, s. 117