C.R.C., c. 1023HEALTH OF ANIMALS ACT
Regulations Respecting the Improvement of Poultry Stock and the Eradication of Disease in Poultry StockShort Title
1 These Regulations may be cited as the Hatchery Regulations.
2 In these Regulations,
Act means the Livestock and Livestock Products Act; (Loi)
approved hatchery supply flock
approved hatchery supply flock means a flock of poultry that is
(a) a primary breeding flock or a flock descended from a primary breeding flock, and
(b) designated as an approved hatchery supply flock in accordance with regulations in force in the province in which the flock is located; (troupeau approuvé fournisseur de couvoirs)
District Supervisor[Repealed, SOR/82-671, s. 1]
fluff means the chick down and dust remaining in a hatching machine following completion of a hatch of poultry; (duvet)
Minister means the Minister of Agriculture; (Ministre)
multiplier breeding flock
multiplier breeding flock means a flock of poultry comprising only the first generation of a primary breeding flock and used only to produce commercial chicks; (troupeau de multiplication)
permit means a permit to operate a hatchery issued by the Minister; (permis)
primary breeding flock
primary breeding flock means a flock of poultry, comprising one or more generations of poultry, that is being maintained for the purpose of establishing, continuing or improving parent lines and from which multiplier breeding flocks may be produced; (troupeau primaire de reproduction)
Regional Director means a Regional Director of the Food Production and Inspection Branch, Department of Agriculture. (directeur régional)
SOR/82-671, s. 1.
Regulations Constitute Program and Policy
3 These Regulations constitute the Dominion Poultry Improvement Program and the Dominion Hatchery Approval Policy.
Application of Policy and Program to Certain Persons
4 A person who operates a hatchery regardless of capacity in any province in which the Dominion Hatchery Approval Policy or the Dominion Poultry Improvement Program has not been proclaimed in force may apply for a permit.
5 (1) An application for a permit shall be made to the Regional Director for the region where the applicant operates a hatchery.
(2) Every application for a permit shall have annexed thereto a copy of the plans and specifications of the hatchery showing
(a) the dimensions of the rooms and the position of doors, windows, stairways and drains;
(b) the lighting, heating and ventilating systems;
(c) the location of equipment; and
(d) the materials to be used in the construction of all floors, walls and ceilings.
(3) Where the premises in respect of which a permit was issued are not operated as a hatchery for a period of 12 consecutive months, the permit shall expire at the end of that period.
SOR/82-671, s. 2.
6 (1) The Minister may refuse to issue a permit to an applicant therefor if the Regional Director for the region where the applicant proposes to operate a hatchery is of the opinion that the hatchery is not maintained and equipped in accordance with section 8 and cannot be operated within that section.
(2) The Regional Director referred to in subsection (1) shall submit his opinion to the Minister in the form of a report.
(3) Where, pursuant to subsection (1), the Minister refuses to issue a permit, he shall so inform the applicant therefor and provide the applicant with a copy of the Regional Director’s report referred to in subsection (2).
(4) An applicant whose application for a permit has been refused may, within 60 days after being informed by the Minister of that refusal and receiving a copy of the Regional Director’s report, request the Minister to reconsider his application and may accompany that request with any rebuttal of the Regional Director’s report.
(5) The Minister, on receipt of a request made pursuant to subsection (4), may confirm or reverse his refusal to issue a permit.
SOR/82-671, s. 3.
7 A separate permit shall be issued and a permit number assigned for each of the premises in which a hatchery is to be operated.
8 (1) Every hatcheryman shall, in respect of a hatchery operated by him,
(a) permit the hatchery to be used only for the receiving, traying, incubating or hatching of eggs, the cleaning of equipment and the sexing, sorting and packing of chicks;
(b) maintain the hatchery in a sanitary condition;
(c) maintain the incubators in a sanitary condition so that the count of bacteria, coliforms or moulds therein does not constitute a hazard to the health of chicks;
(d) provide adequate space in the hatchery for the receiving, traying, incubating and hatching of eggs and for the cleaning of equipment, dry storage and the sexing, sorting and packing of chicks;
(e) provide at or near the hatchery adequate washing and toilet facilities for all persons employed in the hatchery;
(f) provide adequate ventilation and lighting in the hatchery;
(g) provide incubators in the hatchery that deliver the standard of heat, humidity and air circulation recommended by the manufacturer; and
(h) provide in the hatchery satisfactory means to control flies, rodents and other vermin.
(2) The floors, walls and ceilings of every hatchery shall be of hard finish suitable for washing.
9 No hatcheryman shall make any structural alteration to a hatchery without the prior approval in writing of the Regional Director for the region where the hatcheryman operates the hatchery.
SOR/82-671, s. 4.
10 No hatcheryman shall permit a brooding operation to be carried on in a room opening into any room used for the receiving, traying, incubating or hatching of eggs, the cleaning of equipment or the sexing, sorting or packing of chicks.
11 Every hatcheryman shall dispose of all infertile eggs, dead-in-shell embryos, egg shells and other debris from each hatch of eggs in such a manner that they will not become available for consumption by other birds or humans.
12 Every hatcheryman shall ensure that every person employed by him in a room used for receiving, traying, incubating or hatching of eggs, the cleaning of equipment or the sexing, sorting or packing of chicks is clothed in clean garments.
13 Every hatcheryman shall ensure that no activity is carried on in such proximity to his hatchery as to subject it to the danger of contamination from disease.
14 Every hatcheryman shall ensure that all chicks packed for shipment from his hatchery are vigorous and healthy.
15 When requested to do so by an inspector, a hatcheryman shall supply to the inspector from the premises on which the hatchery is situated live chick swabs, equipment swabs, fluff, dead-in-shell embryo samples, fecal samples and such other materials as the inspector may require for the purpose of laboratory testing for the eradication of disease.
SOR/83-873, s. 1.
16 No hatcheryman shall accept eggs for incubation except from an approved hatchery supply flock.
17 No hatcheryman shall accept eggs for incubation or incubate eggs unless
(a) they are packed in material and cases that are clean and sanitary;
(b) the flock or hatchery from which the eggs originated is clearly identified on the case; and
(c) the eggs are clean and sound in shell.
Brooder Rooms and Display Equipment
18 Every person who is engaged in the business of selling chicks or receiving chicks for sale or distribution shall keep the buildings, brooders and display equipment used by him in the handling of chicks in a clean and sanitary condition.
Records and Reports
19 (1) Every hatcheryman shall keep available for inspection by an inspector a record respecting his operations during the past year showing
(a) each lot of eggs that he purchased or accepted for incubation or shipped to another hatchery for hatching;
(b) each lot of eggs set in his hatchery and each lot of chicks hatched for each hatch;
(c) all purchases and sales of chicks;
(d) the disposition of unsold chicks; and
(e) the names of all persons involved and the number of eggs or chicks involved in each transaction and operation referred to in paragraphs (a) to (d) and the date of each transaction and operation.
(2) Every agent of a hatcheryman shall keep available for inspection by an inspector a record respecting all his purchases and sales of chicks and poultry during the past year.
20 Every hatcheryman shall report by mail to the Regional Director for the region where the hatchery is located, not later than Saturday of each week, on forms supplied by the Regional Director, statistical information with respect to his production and marketing of chicks and poultry during that week.
SOR/82-671, s. 5.
21 Every hatcheryman shall annually furnish the Regional Director for the region where the hatchery is located with the name and address of every person who acts as his agent in the marketing of chicks and poultry.
SOR/82-671, s. 5.
Packaging and Marking
22 The boxes used by a hatcheryman for the marketing of chicks shall
(a) be clean and strong;
(b) provide adequate ventilation for the chicks; and
(c) have new chick box pads.
23 Every box or other package used by a hatcheryman for the marketing of chicks shall be clearly marked with
(a) the number of chicks contained therein,
(b) the breed or strain of the chicks contained therein, and
(c) the name and address of the hatcheryman or the permit number of the hatchery in which the chicks contained in the box or other package were hatched,
unless the box or package is accompanied by an invoice or other document containing the information set out in paragraphs (a) to (c).
Seizure and Detention
24 An inspector who seizes chicks or poultry that have been produced, packed, shipped, transported or imported in violation of the Act or these Regulations shall attach to the box containing the chicks or poultry a tag upon which shall be clearly set forth
(a) the words “Under Detention—Canada Department of Agriculture—En détention—Ministère de l’Agriculture du Canada”;
(b) a brief description of the contents of the box;
(c) the reason for seizure;
(d) the date; and
(e) the inspector’s signature.
25 Chicks or poultry seized by an inspector shall not be detained after
(a) in the opinion of the inspector the provisions of the Act and these Regulations have been complied with; or
(b) the owner agrees to dispose of such chicks or poultry in a manner satisfactory to the Minister.