Animal Diseases (General) Regulation

Animal Diseases (General) Regulation, M.R. 36/2023 The Animal Diseases Act , C.C.S.M. c. A85 Regulation 36/2023 Registered April 28, 2023 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Health status designation 3 Effect of designation 4 Disclosure of designation 5 Effect of negative health status designation 6 Biosecurity measures — animals intended for human consumption 7 Biosecurity measures — other animals 8 Orders re biosecurity measures 9 Permits 10 Appointment of inspectors 11 Powers of inspectors 12 Manner of giving notice of order 13 Date mail sent and received 14 Date electronic communication sent and received 15 Notice by electronic communication 16 Order not stayed by appeal Definitions 1 The following definitions apply in this regulation. "Act" means The Animal Diseases Act . («  Loi  ») "health status designation" means a designation by the director made under subsection 2(1) of the presence or absence, or the likelihood of the presence or absence, of a reportable disease or an emerging condition in an area, livestock production operation, flock or herd. (« déclaration sur les conditions sanitaires ») DESIGNATION OF HEALTH STATUS Health status designation 2(1) The director may designate the health status of an area, livestock production operation, flock or herd after considering any factor that the director considers relevant, including the specific characteristics of the reportable disease or emerging condition and the risk the disease or condition presents to public health, food safety or market access. 2(2) For certainty, when making a health status designation the director is not bound by any previous designation. 2(3) The director must give notice of a health status designation to the owner of (a) the livestock production operation, flock or herd subject to the designation; or (b) the area to which the designation applies. 2(4) Sections 12 to 15 apply, with necessary changes, to giving notice of a health status designation. Effect of designation 3 A person may rely on a health status designation as being reasonable grounds for suspecting that a circumstance set out in the Act exists if the director specifies that such a circumstance exists in the designation of health status respecting a particular area, livestock production operation, flock or herd. Disclosure of designation 4(1) For the protection of human or animal health or for the purpose of disease control, management or prevention, the director and any person acting under the direction of the director may share with or disclose to the following a health status designation and such details of the designation that the director or person considers necessary: (a) the government, the Government of Canada or a municipal, provincial or foreign government, or an agency of such a government; (b) a person or body whose duties and interests include (i) protecting public health, (ii) monitoring or reporting on the safety of agricultural inputs, food, livestock or livestock products, or (iii) monitoring or reporting on the biological, chemical and physical integrity of agricultural inputs, food, livestock or livestock products; (c) a marketing board or agency; (d) a person who may be exposed to a reportable disease; (e) a person to whom or with whom the owner of the area, livestock production operation, flock or herd subject to the designation consents to share or disclose the information; (f) any other person if the director considers it to be in the public interest. 4(2) Information shared or disclosed regarding a health status designation may include personal information, as defined in The Freedom of Information and Protection of Privacy Act , about a person who is or may be affected by the designation. Effect of negative health status designation 5 If the director designates the health status of an area, livestock production operation, flock or herd as negative, an order or declaration of the following type does not apply to an animal subject to the designation: (a) a quarantine order relating to that disease made under section 3.1 of the Act; (b) a cease movement order relating to that disease made under section 3.2 of the Act; (c) a declaration of an infected place made under subsection 7(1) of the Act, to the extent that the declaration relates to the designation. BIOSECURITY MEASURES Biosecurity measures — animals intended for human consumption 6(1) For the purpose of section 9.2 of the Act (biosecurity measures to be taken by inspectors), when entering a place, area or vehicle where an animal that is intended for human consumption is kept, a person must comply with all reasonable biosecurity measures posted at the place, area or vehicle. 6(2) If biosecurity measures are not posted, the person entering the place, area or vehicle must wear clean clothing or personal protective equipment and, in respect of their footwear, must (a) wear clean footwear that is made of firm and durable materials and disinfect the footwear before entering; or (b) wear clean coverings over their footwear. Biosecurity measures — other animals 7 For the purpose of section 9.2 of the Act (biosecurity measures to be taken by inspectors), when entering a place, area or vehicle where all the animals kept are not intended for human consumption, a person must (a) disinfect their hands and footwear; or (b) wear clean personal protective equipment on their hands and over their footwear. Orders re biosecurity measures 8 When imposing a biosecurity measure on the owner of an animal under clause 3(1)⁠(b) of the Act, the director may have regard for (a) the health, social, economic, cultural and environmental impacts of the measure; and (b) any applicable national biosecurity standards recognized or adopted by the Canadian Food Inspection Agency. PERMITS AUTHORIZING MOVEMENT Permits 9 Before issuing a permit under subsection 3.1(4) or 7(4) of the Act authorizing the movement of an animal or thing mentioned in those subsections, an inspector may (a) require the person requesting the permit to provide any information that the inspector considers necessary, in the form and manner specified by the director; and (b) impose such terms and conditions on the permit that the inspector considers necessary. GENERAL Appointment of inspectors 10 A person's appointment as an inspector is subject to any restrictions or conditions specified by the minister. Powers of inspectors 11 For the purpose of subclause 6(2)⁠(b)⁠(ii) of the Act, an inspector may require a vehicle's driver to provide the following information relating to disease control: (a) transport identification and permits; (b) the driver log, if applicable; (c) the source of the animals being transported; (d) the origin and destination of the animals being transported; (e) any biosecurity measures that are in place to prevent the spread of disease in relation to the transportation of the animals. Manner of giving notice of order 12 Notice of an order under the Act may be (a) given personally; or (b) sent by mail, electronic communication or by posting the notice at the place, area or vehicle to which the order relates. Date mail sent and received 13 A notice of an order that is mailed to a person is (a) presumed to be mailed on the date of the notice; and (b) deemed to be received on the fifth day after the day the notice is mailed. Date electronic communication sent and received 14 If notice of an order is given by electronic communication, the notice is presumed to be sent on the date that it is sent and is deemed to be received on that date. Notice by electronic communication 15(1) Subject to subsection (2), a notice of an order is sufficiently given or served by electronic communication if it is (a) sent by e-mail or other electronic means to an electronic address provided by the person to the sender for that purpose; or (b) published on a website or online platform accessible to the person and notice of the publication is sent by e-mail or other electronic means to an electronic address provided by the person to the sender for that purpose. 15(2) A notice may be given by electronic communication only if the person has agreed in writing or by electronic means that the notice — or notices of that class — may be provided in that manner. Order not stayed by appeal 16 An appeal of an order under subsection 18(1) of the Act does not stay the execution of the order.