GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Health of Animals Act — H-3.3 33
Inspectors and officers may exercise Minister’s powers 33 (1) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise any of the powers and perform any of the duties or functions of the Minister under this Act, except the powers mentioned in subsections 27(1) and 27.1(1) and (2) and sections 27.4 and 27.5. Minister’s power — section 27.3 (2) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise the Minister’s powers under section 27.3 only in respect of orders made under subsections 27(2) and 27.1(3) and (4). 1990, c. 21, s. 33; 2012, c. 19, s. 509
Health of Animals Act — H-3.3 34
Agreements 34 For the purposes of this Act, the Minister may enter into an agreement with any qualified person to perform such duties or functions as the Minister may specify, on such terms and conditions as the Minister may specify.
Health of Animals Act — H-3.3 35
Impeding analyst, inspector or officer 35 (1) No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an analyst, inspector or officer who is performing duties or functions under this Act or the regulations. Assistance to inspectors and officers (2) The owner or the person in charge of a place entered by an inspector or officer under section 38 and every person found in the place shall (a) give the inspector or officer all reasonable assistance in the owner’s or person’s power to enable the inspector or officer to perform duties and functions under this Act or the regulations; and (b) furnish the inspector or officer with such information relevant to the administration of this Act or the regulations as the inspector or officer may reasonably require. Assistance of peace officer (3) A peace officer shall provide such assistance as an inspector or officer may request for the purpose of enforcing this Act or the regulations.
Health of Animals Act — H-3.3 36
Provision of documents, information or samples 36 (1) An inspector or officer may, for the purpose of detecting diseases or toxic substances or for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector or officer, any document, information or sample specified by the inspector or officer. Duty to provide document, information or sample (2) A person who is ordered by an inspector or officer to provide a document, information or a sample has a duty to do so on the specified date, at the specified time and place and in the specified manner. 1990, c. 21, s. 36; 2015, c. 2, s. 90
Health of Animals Act — H-3.3 37
Broken seal 37 (1) Where a seal or other identifying device authorized by the regulations has been affixed to a conveyance, container or other thing and the seal or device is broken, altered, tampered with or removed in contravention of the regulations, an inspector or officer may require that the conveyance, container or other thing, or any animal or thing contained in it, be placed in quarantine, disposed of or returned to its place of origin or to such other place as the inspector or officer may direct. Notice (2) A requirement under subsection (1) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the conveyance, container or other 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 it is to be quarantined, disposed of or returned. 1990, c. 21, s. 37; 2015, c. 3, s. 103(F)
Health of Animals Act — H-3.3 38
Inspection 38 (1) For the purpose of detecting diseases or toxic substances or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector or officer may (a) subject to section 39, at any reasonable time, enter and inspect any place, or stop any conveyance, in which the inspector or officer believes on reasonable grounds there is any animal or thing in respect of which this Act or the regulations apply; (b) open any receptacle, baggage, package, cage or other thing that the inspector or officer believes on reasonable grounds contains any animal or thing in respect of which this Act or the regulations apply; (c) require any person to present any animal or thing for inspection in such manner and under such conditions as the inspector considers necessary to carry out the inspection; (d) examine any animal or thing in respect of which this Act or the regulations apply and take samples of it; (e) require any person to produce for inspection or copying, in whole or in part, any record or document that the inspector or officer believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations; and (f) conduct any tests or analyses or take any measurements. Operation of data processing systems and copying equipment (2) In carrying out an inspection at any place under this section, an inspector or officer may (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system; (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any record or other document. 1990, c. 21, s. 38; 2015, c. 2, s. 91
Health of Animals Act — H-3.3 39
Warrant required to enter dwelling-place 39 (1) An inspector or officer may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant. Authority to issue warrant (2) Where on ex parte application a justice is satisfied by information on oath that (a) the conditions for entry described in section 38 exist in relation to a dwelling-place, (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused, the justice may at any time sign and issue a warrant authorizing the inspector or officer named in the warrant to enter the dwelling-place, subject to any conditions that may be specified in the warrant. Use of force (3) The inspector or officer who executes a warrant shall not use force unless the inspector or officer is accompanied by a peace officer and the use of force is specifically authorized in the warrant.
Health of Animals Act — H-3.3 40
Seizure 40 Where an inspector or officer believes on reasonable grounds that a violation, or an offence under this Act, has been committed, the inspector or officer may seize and detain any animal or thing (a) by means of or in relation to which the inspector or officer believes on reasonable grounds the violation or offence was committed; or (b) that the inspector or officer believes on reasonable grounds will afford evidence in respect of the commission of a violation, or of an offence under this Act. 1990, c. 21, s. 40; 1995, c. 40, s. 55
Health of Animals Act — H-3.3 41
Warrant 41 (1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place any animal or thing (a) by means of or in relation to which a violation, or an offence under this Act, has been committed or is suspected of having been committed, or (b) that there are reasonable grounds to believe will afford evidence in respect of the commission of a violation, or an offence under this Act, the justice may at any time sign and issue a warrant authorizing an inspector or officer to enter and search the place for the animal or thing and, subject to any conditions that may be specified in the warrant, to seize and detain it. Search and seizure powers (2) The inspector or officer who executes a warrant may exercise the powers described in section 38 and may seize and detain, in addition to any animal or thing mentioned in the warrant, any animal or thing (a) by means of or in relation to which the inspector or officer believes on reasonable grounds a violation, or an offence under this Act, has been committed; or (b) that the inspector or officer believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act. Execution of search warrant (3) A warrant shall be executed by day unless the justice authorizes its execution by night. Where warrant not necessary (4) An inspector or officer may exercise any of the powers mentioned in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant. 1990, c. 21, s. 41; 1995, c. 40, s. 56
Health of Animals Act — H-3.3 42
Notice of reason for seizure 42 An inspector or officer who seizes and detains an animal or thing under this Act shall, as soon as is practicable, advise its owner or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.
Health of Animals Act — H-3.3 43
Storage and removal 43 (1) An inspector or officer who seizes and detains an animal or thing under this Act, or any person designated by the inspector or officer, may (a) store it at the place where it was seized or remove it to any other place for storage; or (b) require its owner or the person having the possession, care or control of it at the time of the seizure to remove it to any other place and to store it. Notice (2) A requirement under paragraph (1)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the thing or by sending a 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 removed and stored. Proceeds (3) An inspector or officer who seizes and detains an animal or a perishable thing under this Act may dispose of it and any proceeds realized from its disposition shall be paid to the Receiver General. 1990, c. 21, s. 43; 2015, c. 3, s. 104(F)
Health of Animals Act — H-3.3 44
Interference with seized animals or things 44 Except as authorized in writing by an inspector or officer, no person shall remove, alter or interfere in any way with an animal or thing seized and detained under this Act.
Health of Animals Act — H-3.3 45
Release of seized animal or thing 45 (1) If an inspector or officer is satisfied that the provisions of this Act and the regulations that apply with respect to an animal or thing seized under this Act have been complied with, the animal or thing must be released. Application for return (2) If proceedings are instituted in relation to an animal or thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held. Order (3) The Tribunal or court, as the case may be, may order that the animal or thing be returned to the applicant, subject to such conditions as the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, where the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the animal or thing and that it is not, or is not suspected of being, affected or contaminated by a disease or toxic substance. 1990, c. 21, s. 45; 1995, c. 40, s. 57; 2015, c. 2, s. 92
Health of Animals Act — H-3.3 46
Forfeiture 46 (1) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of any party to the proceedings, in addition to any penalty or punishment imposed, order that any animal or thing by means of or in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty in right of Canada. Forfeiture without conviction (2) Where the owner of an animal or thing seized and detained under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister may direct. 1990, c. 21, s. 46; 1995, c. 40, s. 58
Health of Animals Act — H-3.3 47
Disposal of forfeited animals and things 47 (1) If the Tribunal or the court, as the case may be, orders the forfeiture of an animal or thing under subsection 46(1), the animal or thing shall be disposed of as the Minister may direct. Return of seized animals and things where no forfeiture ordered (2) Where the Tribunal or court, as the case may be, does not order the forfeiture of an animal or thing, it or any proceeds realized from its disposition shall be returned to the owner of the animal or thing or the person having the possession, care or control of it at the time of its seizure. Exception (3) Where the Tribunal decides that the owner of an animal or thing or the person having the possession, care or control of it at the time of its seizure has committed a violation, or the owner of an animal or thing or the person having the possession, care or control of it at the time of its seizure is convicted of an offence under this Act, and a penalty or fine, as the case may be, is imposed, (a) the animal or thing may be detained until the penalty or fine is paid; (b) the animal or thing may be sold under execution in satisfaction of the penalty or fine; or (c) any proceeds realized from its disposition under paragraph (b) or section 43 may be applied in payment of the penalty or fine. 1990, c. 21, s. 47; 1995, c. 40, s. 59; 2015, c. 2, s. 93
Health of Animals Act — H-3.3 48
Disposal of affected or contaminated animals and things 48 (1) The Minister may dispose of an animal or thing, or require its owner or any person having the possession, care or control of it to dispose of it, where the animal or thing (a) is, or is suspected of being, affected or contaminated by a disease or toxic substance; (b) has been in contact with or in close proximity to another animal or thing that was, or is suspected of having been, affected or contaminated by a disease or toxic substance at the time of contact or close proximity; or (c) is, or is suspected of being, a vector, the causative agent of a disease or a toxic substance. Treatment (2) The Minister may treat any animal or thing described in subsection (1), or require its owner or the person having the possession, care or control of it to treat it or to have it treated, where the Minister considers that the treatment will be effective in eliminating or preventing the spread of the disease or toxic substance. Notice (3) A requirement under this section shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the thing or by sending a notice to the owner or person, and the notice may specify the period within which and the manner in which the requirement is to be met. 1990, c. 21, s. 48; 2015, c. 3, s. 105(F)
Health of Animals Act — H-3.3 49
Disposition of samples 49 A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.
Health of Animals Act — H-3.3 50
Her Majesty not liable 50 If a person must, under this Act, do anything or permit an inspector or officer to do anything, Her Majesty in right of Canada is not liable (a) for any costs, loss or damage resulting from the compliance; or (b) to pay any fee, including any rent or charge, for what is done or permitted to be done. 1990, c. 21, s. 50; 2015, c. 2, s. 94
Health of Animals Act — H-3.3 50.1
No liability 50.1 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions. 2015, c. 2, s. 94
Health of Animals Act — H-3.3 51
Compensation to owners of animals 51 (1) The Minister may order compensation to be paid from the Consolidated Revenue Fund to the owner of an animal that is (a) destroyed under this Act or is required by an inspector or officer to be destroyed under this Act and dies after the requirement is imposed but before being destroyed; (b) injured in the course of being tested, treated or identified under this Act by an inspector or officer and dies, or is required to be destroyed, as a result of the injury; or (c) reserved for experimentation under paragraph 13(2)(a). Amount of compensation (2) Subject to subsections (3) and (4), the amount of compensation shall be (a) the market value, as determined by the Minister, that the animal would have had at the time of its evaluation by the Minister if it had not been required to be destroyed minus (b) the value of its carcass, as determined by the Minister. Maximum value (3) The value mentioned in paragraph (2)(a) shall not exceed any maximum amount established with respect to the animal by or under the regulations. Additional compensation (4) In addition to the amount calculated under subsection (2), compensation may include such costs related to the disposal of the animal as are permitted by the regulations. 1990, c. 21, s. 51; 1997, c. 6, s. 69
Health of Animals Act — H-3.3 52
Compensation to owners of things 52 The Minister may order compensation to be paid from the Consolidated Revenue Fund to the owner of a thing that is destroyed under this Act and the amount of compensation shall be the market value, as determined by the Minister, that the thing would have had at the time of its evaluation if it had not been required to be destroyed, up to a prescribed amount, less any amount received in respect of it. 1990, c. 21, s. 52; 1997, c. 6, s. 70
Health of Animals Act — H-3.3 53
Compensation for costs of treatment 53 The Minister may order compensation to be paid from the Consolidated Revenue Fund to a person for costs incurred with respect to treatment required under paragraph 27.6(1)(a) or subsection 48(2), and the amount of compensation shall be the costs reasonably incurred by the person, as determined by the Minister. 1990, c. 21, s. 53; 1997, c. 6, s. 70; 2012, c. 19, s. 510
Health of Animals Act — H-3.3 54
Compensation withheld 54 (1) Compensation may be withheld in whole or in part where, in the opinion of the Minister, (a) the owner of, or the person having the possession, care or control of, the animal or thing in respect of which compensation is claimed has committed a violation, or an offence under this Act, by means of or in relation to that thing; (b) the animal or thing, at the time it was imported into Canada, was affected or contaminated by a disease or toxic substance; or (c) the animal or thing was a vector, the causative agent of a disease or a toxic substance. Compensation forfeited (2) A person who contravenes section 16 or a regulation made under section 14 or 16, or who breaks, alters, tampers with or removes a seal or other identifying device in contravention of the regulations, forfeits any claim to compensation in respect of an animal or thing by means of or in relation to which the contravention occurred. 1990, c. 21, s. 54; 1995, c. 40, s. 60
Health of Animals Act — H-3.3 55
Regulations 55 The Minister may make regulations (a) respecting the method of calculating the market value of animals for which the Minister considers there is no readily available market; (b) establishing maximum amounts, or the manner of calculating maximum amounts, for the purpose of subsection 51(3) or section 52; and (c) permitting compensation for any costs related to the disposal of animals and things and for determining the amounts of the compensable costs, including maximum amounts, or a manner of calculating them. 1990, c. 21, s. 55; 1997, c. 6, s. 71; 2015, c. 3, s. 106(E)
Health of Animals Act — H-3.3 56
Appeal 56 (1) A person who claims compensation and is dissatisfied with the Minister’s disposition of the claim may bring an appeal to the Assessor, but the only grounds of appeal are that the failure to award compensation was unreasonable or that the amount awarded was unreasonable. Time limit for bringing appeal (2) An appeal shall be brought within three months after the claimant receives notification of the Minister’s disposition of the claim, or within such longer period as the Assessor may in any case for special reasons allow.
Health of Animals Act — H-3.3 57
Powers of Assessor 57 (1) On hearing an appeal, the Assessor may confirm or vary the Minister’s disposition of the claim or refer the matter back to the Minister for such further action as the Assessor may direct. Costs (2) Costs may be awarded to or against the Minister in an appeal. Decisions final (3) The decision of the Assessor on an appeal is final and conclusive and not subject to appeal to or review by any court.
Health of Animals Act — H-3.3 58
Sittings and hearings 58 (1) The Assessor may sit and hear appeals at any place or places and shall arrange for sittings and hearings as may be required. Travel allowances (2) The Assessor is entitled to be paid such travel allowances as are payable for the attendances of a judge of the Federal Court under the Judges Act .
Health of Animals Act — H-3.3 59
Procedure 59 (1) Subject to the approval of the Governor in Council, the Assessor may make rules respecting the conduct of appeals and the procedure for the bringing of appeals. Transitional (2) Subject to any rules made under subsection (1), all rules respecting the conduct of appeals and the procedure for bringing appeals to the Assessor made under section 18 of the Pesticide Residue Compensation Act that are in force at the time this section comes into force shall, to the extent that they are not inconsistent with sections 56 to 58, apply in respect of appeals brought under section 56. Registrar (3) The functions of the registrar of appeals and any other person necessary to carry out the purposes of sections 56 to 58 shall be carried out by the persons who carry out similar functions under Part II of the Pesticide Residue Compensation Act . 1990, c. 21, s. 59; 2001, c. 4, s. 173(F)
Health of Animals Act — H-3.3 60
Fees, charges and costs for inspections, etc. 60 (1) Her Majesty, and any person who has entered into an agreement with the Minister under section 34, may recover from any person referred to in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty or the other person, as the case may be, in relation to anything required or authorized under this Act or the regulations, including, without restricting the generality of the foregoing, (a) the inspection, treatment, segregation, quarantine, testing or analysis of a place, animal or thing, as the case may be, or the identification, storage, removal, disposal or return of an animal or thing, required or authorized under this Act or the regulations; and (b) the forfeiture, disposal, seizure or detention of an animal or thing under this Act or the regulations. Persons liable (2) The fees, charges and costs are recoverable jointly and severally from the owner or occupier of the place or the owner of the animal or thing and from the person having the possession, care or control of it immediately before its inspection, treatment, segregation, detention, forfeiture, quarantine, testing, analysis, identification, storage, removal, return or disposal or, in the case of an animal or thing seized under this Act, immediately before its seizure.