Animal Health and Protection Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/AHP.htm

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Animal Health and Protection Regulations
made under Section 4 of the

Animal Health and Protection Act

R.S.N.S., 1989, c. 15

O.I.C. 87-457 (April 14, 1987), N. S. Reg. 82/87

as amended by O.I.C. 2014-138 (April 15, 2014), N.S. Reg. 54/2014

 

1     These regulations may be cited as the Animal Health and Protection Regulations.

 

2     In these regulations

 

                (a)    “Act” means the Animal Health and Protection Act;

 

                (b)    “Minister” means the Minister of Agriculture;

 

                (c)    “Director” means the Director, Livestock Services, Department of Agriculture;

 

                (d)    “animal” means horses, cattle, sheep, swine, goats, rabbits, bees, foxes,chinchilla, mink and domestic fowl;

 

                (e)    “disease” means any condition that adversely affects the health of an animaland is a threat to the public interest and includes a disease designated by theMinister as a disease within the meaning of these regulations but does notinclude a reportable disease designated by the Minister of Agriculture [andAgri-Food] of Canada under the Health of Animals Act (Canada);

[Note: the reference to the federal Act has been updated in accordance with the Health of Animals Act(Canada), S.C. 1990, c. 21, which repeals the Animal Diseases and Protection Act (Canada), effective January1, 1991. Reportable diseases are now prescribed by the Minister by regulation under subsection 2(2) of theHealth of Animals Act (Canada).]

 

                (f)    “outbreak of disease” means the presence of disease in animals which in theopinion of the Director requires extraordinary means for control;

 

                (g)    “inspector” means an inspector designated as an inspector under theseregulations;

 

                (h)    “owner” means a person having an animal in his possession or under hischarge;

 

                (i)     “premises” means lands and buildings where animals are situated and includessales barns and auction markets, but does not include a private dwelling;

 

                (j)     “quarantine” means the isolation of premises and the prohibition of themovement of animals, animal products, hay, straw, fodder, or any other thingto or from the premises;

 

                (k)    “vehicle” means any vehicle transporting animals and includes railroad cars;

 

                (l)     “veterinarian” means a member of the Nova Scotia Veterinary MedicalAssociation.

Outbreak of disease

3     (1)    The Minister may, upon the recommendation of the Director, designate a disease tobe a disease within the meaning of these regulations.

 

       (2)    The owner of any animal, a veterinarian and any other person having custody of ananimal, who suspects that any animal is suffering from a disease, shall forthwithnotify the Director.

 

       (3)    Where the Director receives a notification pursuant to subsection (2), he may

 

                (a)    authorize an inspector to make an inspection;

 

                (b)    take all steps that he deems necessary for the suppression and control of anoutbreak of the disease.

 

4     An inspector authorized pursuant to Section 3(3) may

 

                (a)    enter upon any premises or vehicle for the purpose of investigation, inspection,testing, diagnosis, treatment and control of any disease;

 

                (b)    determine identification procedures to be employed and publicize suchprocedures;

 

                (c)    exercise any power under Section 8.

 

5     The Director may, upon the recommendation of an inspector, declare an area to be an areawhere there is an outbreak of disease and may prescribe the geographical limits thereof.

 

6     Where pursuant to Section 5 an area is declared as an area where there is an outbreak ofdisease, no person shall transport any animal into or out of the area unless the animal

 

                (a)    is accompanied by a health certificate signed by a licensed veterinarian in theprovince of origin of the animal certifying that the animal is free from disease;and

 

                (b)    is free from the disease or is properly vaccinated against the disease.

Designation of inspectors

7     (1)    The Minister may designate veterinarians to be inspectors for the administration ofthe Act and these regulations.

 

       (2)    The Minister shall furnish an inspector with a certificate of his appointment and, onentry upon or inspection of any premises, vehicle or animal found thereon he shall, ifso required, produce the certificate to the person in charge thereof.

 

       (3)    A certificate under the signature of the Minister and the seal of the Department that aperson is designated pursuant to this section is conclusive evidence of suchdesignation and may be received in evidence without proof of such seal or suchsignature or of the official character of the person appearing to have signed the same.

Powers of inspectors

8     An inspector may

 

                (a)    enter upon and inspect any premises in which or in which he believes ananimal infected or suspected of being infected with a disease is located;

 

                (b)    require the production for inspection of any books, records, documents or otherpapers that contain or that he believes contain any information respecting thekeeping or transporting of animals infected or suspected of being infected witha disease and examine and make copies thereof or extracts therefrom;

 

                (c)    inspect any animal infected or suspected of being infected with a disease;

 

                (d)    seize and analyze and detain until the final disposition of any prosecutioninstituted for contravention of the Act or these regulations or until the same arereleased by the inspector at any time prior to such final disposition

 

                         (i)     any animal or specimen, part or dung of any animal infected with orsuspected of being infected with a disease,

 

                         (ii)    any hay, straw, litter or other thing or specimen thereof contaminated orsuspected of being contaminated or otherwise associated with a disease;

 

                (e)    for the purpose of making an inspection or examination of an animal in orderto determine whether the animal is infected with a disease, stop and inspect anyvehicle and its load where he believes an animal is or has been transported;

 

                (f)    prescribe the manner of destruction and disposal of an animal infected with adisease;

 

                (g)    order the slaughter of an animal infected with a disease and prescribe themanner and place of slaughter;

 

                (h)    order the method of disposal of carcasses or contaminated material and thecleansing and decontamination of infected premises;

 

                (i)     prescribe the means by which an animal infected or suspected of beinginfected with a disease may be moved or transported from or into a quarantinearea;

                (j)     prohibit the moving or transportation of animals infected or suspected of beinginfected with a disease;

 

                (k)    vaccinate or order the vaccination of an animal;

 

                (l)     prohibit the sale or disposition of an animal infected with a disease;

 

                (m)   designate as a quarantine area premises or any other area where an animalinfected with a disease is kept and impose with respect to the quarantine areasuch restrictions as the inspector deems advisable;

 

                (n)    take any measures that he may deem advisable for the suppression orlimitation of an outbreak of disease.

 

9     A designation made pursuant to Section 8(m) shall be

 

                (a)    in Form “A” in the Schedule to these regulations;

                (b)    subject to any restrictions stated thereon; and

                (c)    delivered to the owner or occupier of the quarantine premises.

 

10   Notwithstanding Section 6, where an area is declared pursuant to Section 5 as an areawhere there is an outbreak of disease or where premises or any other area are designatedpursuant to Section 8(m) as a quarantine area, an inspector may order the removal ofanimals therefrom direct to packing plants or abattoirs for immediate slaughter.

 

11   (1)    The owner of an animal suspected of having a disease shall provide appropriatefacilities and render any necessary assistance to the inspector so that the inspectorcan properly examine the animal and collect necessary specimens.

 

       (2)    Where an owner fails to provide appropriate facilities, the inspector may remove thesuspect animal at the owner’s expense to a location where such examination maytake place.

 

12   Any written notice required by these regulations shall be deemed to be delivered to theowner or occupier on the day it is handed personally to the owner or occupier or is postedin a prominent place on the premises of the owner or occupier or 5 days after the noticewas sent by prepaid certified mail to the last known address of the owner.

 

13   (1)    Where an inspector finds an outbreak of Infectious Laryngotracheitis (I.L.T.) ofdomestic fowl he may, in addition to any other order, order

 

                (a)    the eradication of all or part of the infected flock by

 

                         (i)     slaughter and subsequent burial, incineration or rendering,

                         (ii)    slaughter by shipment to an abattoir;

 

                (b)    vaccination with a vaccine and method of administration approved by theInspector with subsequent isolation and disposal by a method approved by theInspector at termination of production if feasible at no hazard to the poultryindustry;

 

                (c)    that eggs shall be packed in new clean, sanitized containers;

 

                (d)    that containers and packing material that have been used for the transportationof eggs shall be destroyed by means of incineration;

 

                (e)    the cleaning and disinfecting of the infected premises forthwith.

 

       (2)    No person shall repopulate premises which have been infected with I.L.T. withdomestic fowl until the premises have been cleaned, disinfected and approved by aninspector.

Subsection 13(3) repealed: O.I.C. 2014-138, N.S. Reg. 54/2014.

[Note: references to the Minister and Department of Agriculture and Marketing have been updatedthroughout in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989,c. 376, effective February 24, 2006.]

Form A

(Clause 8(m) of the regulations)

Nova Scotia Department of Agriculture

Quarantine Notice

Under the Animal Health and Protection Act and regulations

I,                                                   being an inspector appointed under the Animal Health andProtection Act do hereby designate as a quarantine area the following premises, moreparticularly:

Owner’s name                                                  

Farm name                                                                                                                                 

Address                                                                                                                                      

                                                                                                                                                   

Area                                                                                                                                           

County                                                                                                                                       

The quarantine is subject to the following restrictions:

 

                (a)    no animal shall be moved from or into the quarantine area except with thewritten permission of an inspector;

 

                (b)    restrictions imposed by the Quarantine Notice shall apply until withdrawn;

 

                (c)    

Dated at                     , this           day of         , 19                     .

                                                                         Signed                                                              

                                                                                                    Inspector