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Bill C-355

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-355
An Act to prohibit the export by air of horses for slaughter and to make related amendments to certain Acts
FIRST READING, September 19, 2023

Mr. Louis
441277


SUMMARY

This enactment prohibits the export by air from Canada of live horses for the purpose of being slaughtered or fattened for slaughter.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-355

An Act to prohibit the export by air of horses for slaughter and to make related amendments to certain Acts

Preamble

Whereas, in Canada, a combination of robust federal and provincial laws ensures the humane treatment and handling of livestock and the protection of animal welfare;

Whereas, despite the strengthening of the regulatory requirements related to the humane transportation of animals in 2020, the export of live horses by air from Canada continues to raise concerns, particularly in relation to the welfare of horses that are exported for the purpose of being slaughtered or fattened for slaughter;

Whereas the export by air from Canada of horses for slaughter can involve long flights in cramped conditions;

Whereas horses experience significant stress during such flights and are at risk of injury because of their tendency to panic easily and their strong fight-or-flight response to fear and stress;

And whereas Parliament considers that it is desirable to address the risks related to the welfare of horses that are exported by air for slaughter;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Prohibition of the Export of Horses by Air for Slaughter Act.

Interpretation

Definition of Minister

2 In this Act, Minister means the Minister of Agriculture and Agri-Food.

His Majesty

Binding on His Majesty

3 This Act is binding on His Majesty in right of Canada or a province.

Prohibitions

Export of horse by air

4 (1) It is prohibited for a person to export a horse from Canada by air unless they have, in the form and manner specified by the Minister, provided the Minister with a written declaration attesting that, to the best of their knowledge, the horse is not being exported for the purpose of being slaughtered or fattened for slaughter as well as with any other documentation that the Minister may require.

Copy of declaration

(2) A copy of the declaration must be delivered to

  • (a) the pilot in command or the operator of the aircraft; and

  • (b) the chief officer of customs of the airport from which the aircraft is to depart.

No departure without declaration

(3) If an aircraft that is to depart from Canada has a horse on board, unless a copy of the declaration has been delivered in accordance with subsection (2), it is prohibited

  • (a) for a person to send the aircraft on its flight; and

  • (b) for a person in charge of the aircraft to take the aircraft on its flight.

Detention

(4) The chief officer of customs referred to in paragraph (2)‍(b) must detain a horse until a copy of the declaration has been delivered to that officer.

False or misleading information

5 It is prohibited for a person who submits a declaration under subsection 4(1) to provide false or misleading information or make a false or misleading statement in respect of the declaration or any matter related to the declaration.

Offence and punishment

6 A person who contravenes any provision of this Act is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both.

Due diligence

7 A person is not to be found guilty of an offence under this Act if they establish that they exercised all due diligence to prevent its commission.

Related Amendments

R.‍S.‍, c. 1 (2nd Supp.‍)

Customs Act

8 (1) Paragraph 107(3)‍(c) of the Customs Act is replaced by the following:

  • (c) for the purposes of any Act or instrument made under it, or any part of Insertion start any Insertion end Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, Insertion start the Insertion start Prohibition of the Export of Horses by Air for Slaughter Act Insertion end Insertion end , the Safe Food for Canadians Act and the Seeds Act.

(2) Paragraph 107(4)‍(c.‍1) of the Act is replaced by the following:

  • (c.‍1) may reasonably be regarded as necessary solely for a purpose relating to the enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, Insertion start the Prohibition of the Export of Horses by Air for Slaughter Act Insertion end , the Safe Food for Canadians Act and the Seeds Act by an official of the Agency; 

1997, c. 6

Canadian Food Inspection Agency Act

9 Subsection 11(1) of the Canadian Food Inspection Agency Act is replaced by the following:

Administration and enforcement
11 (1) The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Insertion start the Insertion end Feeds Act, Insertion start the Insertion end Fertilizers Act, Insertion start the Insertion end Health of Animals Act, Insertion start the Insertion end Plant Breeders’ Rights Act, Insertion start the Insertion end Plant Protection Act, Insertion start the Prohibition of the Export of Horses by Air for Slaughter Act Insertion end , Insertion start the Insertion end Safe Food for Canadians Act and Insertion start the Insertion end Seeds Act.

2005, c. 38

Canada Border Services Agency Act

10 Paragraph 9(2)‍(b) of the Canada Border Services Agency Act is replaced by the following:

  • (b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, Insertion start the Prohibition of the Export of Horses by Air for Slaughter Act Insertion end , the Safe Food for Canadians Act and the Seeds Act.

Coming into Force

18 months

11 This Act comes into force 18 months after the day on which it receives royal assent.

Published under authority of the Speaker of the House of Commons

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