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Fourth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 31

THE ANIMAL DISEASES AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. A85 amended

1           The Animal Diseases Act is amended by this Act.

2           Section 1 is amended

(a) by replacing the definition "director" with the following:

"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act; (« directeur »)

(b) by adding the following definitions:

"commercial animal" has the same meaning as in The Animal Care Act; (« animal commercial »)

"owner", in relation to an animal, includes the person who has care and control of it; (« propriétaire »)

3(1)        Clauses 4(1)(e) and (f) of the English version are amended by striking out "or probable" and substituting "and probable".

3(2)        Clause 4(3)(a.1) of the English version is amended by striking out "in quarantined" and substituting "in a quarantined".

3(3)        The following is added after subsection 4(3):

Destroying animals to prevent suffering

4(4)        The director may order the destruction and disposition of animals to which subsection (1) does not apply, if

(a) the animals have been abandoned by their owner, or the director has reasonable and probable grounds to believe that the owner will abandon them; or

(b) the director has reasonable and probable grounds to believe that market conditions or other factors

(i) make it likely that the animals' owner will be unable to meet the obligations respecting their custody and maintenance imposed by The Animal Care Act or the regulations under that Act, or by any other applicable law, or

(ii) make keeping the animals alive an undue hardship on the owner, or otherwise impractical;

and the director is satisfied that the probable net sale value of the animals at a later date is less than the expected cost of their care in the interim.

Director's power when order is ignored

4(5)        If an animal's owner fails to comply with an order under this section, the director may carry out the order at the owner's expense.

Entry powers re premises and vehicles

4(6)        To enforce this section, the director or an inspector may, at any reasonable time and without a warrant, and upon presentation of a certificate or other means of identification as may be prescribed in the regulations,

(a) enter any place or premises in which an animal to which this section applies is located, or in which the director or inspector has reasonable and probable grounds to believe such an animal is located; and

(b) stop and enter any vehicle in which an animal to which this section applies is being transported, or in which the director or inspector has reasonable and probable grounds to believe such an animal is being transported.

Entry to a dwelling

4(7)        Despite clause (6)(a), section 6.1 applies, with necessary changes, in relation to entry to a dwelling by the director or an inspector for the purposes of this section.

4           Clause 6(2)(b) is replaced with the following:

(b) stop and enter any vehicle in which an animal is being transported, or in which the inspector believes on reasonable and probable grounds that an animal is being transported, and do one or both of the following:

(i) make any examination of the animal that the inspector believes is reasonably required to determine whether it is suffering from a disease,

(ii) require the vehicle's driver to provide his or her name and address and any information about the animal and its transportation that is prescribed for the purposes of disease control by the regulations;

5           Section 19 is amended

(a) by adding the following after clause (a.3):

(a.4) authorizing the director to disclose information collected under clause (a.1), and respecting the purposes for which, circumstances in which and persons to whom that information may be disclosed;

(b) by adding the following after clause (g.1):

(g.2) respecting the manner in and conditions under which commercial animals may be transported, delivered, shipped, advertised, purchased, sold, or offered or displayed for sale;

(g.3) prescribing information about animals or their transportation that the drivers of vehicles transporting the animal in Manitoba must provide to an inspector for the purposes of disease control;

(g.4) prescribing places at which and circumstances in which drivers of vehicles transporting animals in Manitoba must report and identify themselves to an inspector and provide the inspector with information prescribed under clause (g.3);

(g.5) respecting the director's maintenance and use of information provided by drivers under clause (g.4) or subclause 6(2)(b)(ii);

(g.6) authorizing the director to disclose information provided by drivers under clause (g.4) or subclause 6(2)(b)(ii), and respecting the purposes for which, circumstances in which and persons to whom that information may be disclosed;

(c) by striking out "or" at the end of clause (w) and adding the following after clause (x):

(y) respecting the destruction and disposition of animals under subsection 4(4), including, but not limited to, prescribing by whom and the conditions under which multiple animals may be destroyed and disposed of, and the records that must be kept by persons who destroy or dispose of multiple animals.

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Animal Diseases Act.  To prevent animals from suffering, the director under the Act is authorized to order healthy animals to be destroyed in certain circumstances, such as a disease outbreak or border closure that interrupts the normal flow of livestock to market.

To help control disease, inspectors are permitted to stop a vehicle that is transporting animals and to collect information about the driver and animals. New regulations may prescribe where and when those drivers must report to an inspector, what information they must give, and how the department may use and disclose it.  Other regulations may be made about when and to whom the department may disclose information it collects about farms and other commercial places where animals are kept.

Finally, the Bill makes minor housekeeping amendments, including replacing the Director of Veterinary Services with a general "director" for the purpose of the Act.