PART 8

1990, c. 21; 1992, c. 47; 1993, c. 34; 1994, c. 38; 1995, c. 40; 1997, c. 6

HEALTH OF ANIMALS ACT

90. (1) The definitions ``justice'' and ``peace officer'' in subsection 2(1) of the Health of Animals Act are repealed.

(2) The definitions ``atelier d'équarrissage'' and ``usine de traitement'' in subsection 2(1) of the French version of the Act are repealed.

1995, c. 40, s. 54; 1997, c. 6, s. 67

(3) The definitions ``analyst'', ``animal'', ``Assessor'', ``inspector'', ``officer'', ``Tribunal'' and ``veterinary inspector'' in subsection 2(1) of the Act are replaced by the following:

``analyst''
« analyste »

``analyst'' means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act ;

``animal''
« animal »

``animal'' includes its embryo and its fertilized egg or ovum;

``Assessor''
« évaluateur »

``Assessor'' means the Chairperson of the Tribunal or, if the Chairperson is absent or unable to act or the Chairperson's position is vacant, the member of the Tribunal designated under subsection 33(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act to act as Chairperson pending the appointment of a replacement;

``inspector''
« inspecteur »

``inspector'' means a person designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

``officer''
« agent d'exécution »

``officer'' means a person designated as an officer under subsection 13(3) of the Canadian Food Inspection Agency Act;

``Tribunal''
« Commission »

``Tribunal'' means the Review Tribunal continued by section 27 of the Agriculture and Agri-Food Administrative Monetary Penalties Act ;

``veterinary inspector''
« vétérinaire-i nspecteur »

``veterinary inspector'' means a veterinarian designated as a veterinary inspector under subsection 13(3) of the Canadian Food Inspection Agency Act;

(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``Agency''
« Agence »

``Agency'' means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act;

``point of entry''
« point d'entrée »

``point of entry'' means a point of entry designated under section 18.2 of the Canadian Food Inspection Agency Act;

``President''
« président »

``President'' means the President of the Agency;

(5) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

« dépôt d'équarris-
sage »
``animal deadyard''

« dépôt d'équarrissage » Lieu où sont transportés soit des sous-produits animaux, soit les animaux infirmes, malades ou morts, non destinés à la consommation humaine.

« usine d'équarris-
sage »
``rendering plant''

« usine d'équarrissage » Lieu où s'effectuent l'une ou l'autre des opérations suivantes :

      a) la transformation de sous-produits animaux en engrais ou aliments pour animaux ou en graisses ou huiles non destinées à la consommation humaine ou bien leur préparation ou traitement à de telles fins;

      b) le stockage, l'emballage ou le marquage des substances résultant de l'une des opérations visées à l'alinéa a);

      c) l'expédition de ces substances.

(6) Paragraph 2(3)(b) of the Act is replaced by the following:

    (b) by reference to substances, or to the quantity or concentration in which substances are contained in other substances , specified in any published document, as amended from time to time.

91. Subsection 16(1) of the Act is replaced by the following:

Importation into Canada

16. (1) If a person imports into Canada any animal, animal product, animal by-product, 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 restrict or prohibit its movement until it has been inspected or otherwise dealt with by an inspector or officer.

Deemed compliance

(1.1) A person is deemed to have complied with subsection (1) if the person, when authorized to do so by an inspector, officer or customs officer, provides, in the manner specified by the inspector, officer or customs officer, information relating to the animal or thing required to be presented that is satisfactory to the inspector, officer or customs officer.

92. The Act is amended by adding the following after section 16:

Order requiring importation and presentation at points of entry

16.1 (1) The Minister may, by order, require persons importing any of the following that are specified in the order to import them at any point of entry specified in the order, or at any point of entry: animals, animal products, animal by-products, animal food, veterinary biologics or other thing used in respect of animals or contaminated by a disease or toxic substance.

Prohibition

(2) No person shall import any animal, animal product, animal by-product, animal food, veterinary biologic or other thing in contravention of an order made under subsection (1).

Publication or notice required for conviction

(3) No person may be convicted of an offence for contravening subsection (2) unless, before the alleged contravention,

    (a) the order was published in the Canada Gazette; or

    (b) the person was notified of the order or reasonable steps were taken to ensure that it was accessible to persons likely to be affected by it.

Order not a statutory instrument

(4) An order made under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act, but it must be published in the Canada Gazette within 23 days after it is made.

93. Subsection 18(4) of the Act is replaced by the following:

Forfeiture if non-
compliance

(4) If the animal or thing is not removed from Canada as required under this section, it shall, despite section 51 of the Canadian Food Inspection Agency Act , be forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

94. Subsection 19(3) of the Act is replaced by the following:

Presentation and delivery of certificate

(3) A person who exports an animal from Canada by vessel or aircraft shall

    (a) present the certificate referred to in paragraph (1)(b), or a copy of it, to an inspector or customs officer on request; and

    (b) deliver a copy of the certificate to

      (i) the master or agent of the vessel or the pilot in command or operator of the aircraft; and

      (ii) the chief officer of customs of the port or airport from which the vessel or aircraft is to depart.

95. Section 29 of the Act is repealed.

1997, c. 6, s. 68

96. Section 32 of the Act is repealed.

97. Sections 35 and 36 of the Act are repealed.

1995, c. 40, ss. 55 to 59

98. The heading before section 38 and sections 38 to 47 of the Act are repealed.

99. Subsections 51(3) and (4) of the Act are replaced by the following:

Additional compensation

(3) In addition to the amount calculated under subsection (2), compensation may include such costs related to the controlling of diseases and the disposal of animals and things as are specified by the regulations.

Maximum

(4) The amount of compensation payable to an owner of an animal under this section may not exceed any maximum amount established under the regulations.

1995, c. 40, s. 60

100. Subsection 54(1) of the Act is amended by adding the following after paragraph (b):

    (b.1) the animal or thing in respect of which compensation is claimed was in contact with or in close proximity to an animal or thing referred to in paragraph (a) or (b);

1997, c. 6, s. 71

101. Paragraphs 55(b) and (c) of the Act are replaced by the following:

    (b) establishing maximum amounts, or the manner of calculating maximum amounts, for the purpose of compensation under sections 51 and 52; and

    (c) specifying the costs related to the controlling of diseases and the disposal of animals and things for which compensation may be paid.

102. Subsection 58(2) of the Act is replaced by the following:

Travel allowances and expenses

(2) The Assessor is entitled to be paid reasonable travel and living expenses incurred in the course of the Assessor's duties under this Act while absent from the Assessor's ordinary place of work.

103. Subsections 59(2) and (3) of the Act are replaced by the following:

Staff

(2) The functions of any person necessary to carry out the purposes of sections 56 to 58 shall be carried out by the persons who carry out similar functions in respect of the Tribunal.

104. The heading before section 60 of the Act is replaced by the following:

COSTS

105. (1) Subsection 60(1) of the Act is replaced by the following:

Recovery of 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 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 or detention of an animal or thing under this Act or the regulations.

(2) Subsection 60(2) of the English version of the Act is replaced by the following:

Persons liable

(2) The costs are recoverable jointly and severally, or solidarily , 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.

106. (1) Subsection 61(1) of the Act is replaced by the following:

Costs related to control areas

61. (1) Her Majesty may recover from any person mentioned in subsection (2) any costs incurred by Her Majesty in relation to taking any measures under section 27 in respect of a control area.

(2) Subsection 61(2) of the English version of the Act is replaced by the following:

Persons liable

(2) The costs are recoverable from any persons who through their fault or negligence, or that of others for whom in law they are responsible, caused or contributed to the causation of the existence or spread of the disease or toxic substance in respect of which the control area was declared.

107. Section 62 of the Act is repealed.

1993, c. 34, s. 75

108. Section 63 of the English version of the Act is replaced by the following:

Unpaid costs

63. Any costs that are recoverable by Her Majesty under this Act or the regulations may be recovered as a debt due to Her Majesty.

109. (1) Subsection 64(1) of the Act is amended by adding the following after paragraph (a):

    (a.1) respecting the presentation of animals and things, including documents, at points of entry;

(2) Paragraphs 64(1)(u) and (v) of the French version of the Act are replaced by the following:

    u) régir la construction, l'exploitation et l'entretien des dépôts d'équarrissage et des usines d'équarrissage ou d'aliments pour animaux;

    v) régir l'importation, la préparation, la fabrication, la conservation, le conditionnement, le stockage, la distribution, la vente - y compris les conditions de celle-ci et la publicité afférente - des produits de ces dépôts et usines;

1993, c. 34, s. 76(2)

(3) Paragraphs 64(1)(z.2) to (z.4) of the Act are repealed.

110. The Act is amended by adding the following after section 64:

Incorporation by reference of externally produced material

64.1 (1) A regulation may incorporate by reference material produced by a person or body other than the Agency, including

    (a) an organization established for the purpose of writing standards;

    (b) an industrial or trade organization; and

    (c) a government, government agency or international body.

Reproduced or translated material

(2) A regulation may incorporate by reference material that the Agency reproduces or translates from material produced by the other person or body

    (a) with any adaptations of form and reference that will facilitate the incorporation of the material in the regulation; or

    (b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.

Jointly produced material

(3) A regulation may incorporate by reference material that the Agency produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.

Internally produced standards

(4) A regulation may incorporate by reference technical or explanatory material that the Agency produces, such as

    (a) specifications, classifications, illustrations, graphs and other information of a technical nature; and