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S.M. 2002, c. 11
Bill 11, 3rd Session, 37th Legislature
THE ANIMAL DISEASES AMENDMENT ACT
(Assented to July 25, 2002)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Animal Diseases Act is amended by this Act.
2 Section 1 is amended by adding the following definitions in alphabetical order:
"fomite" means a substance or thing by which a disease-causing agent may travel from an infected or affected animal or place to an uninfected or unaffected one; (« vecteur passif »)
(a) a micro-organism,
(b) a genetic structure — other than a genetic structure derived from a human being — that is capable of replicating itself, whether it comprises all or only part of an entity and whether it comprises all or only part of the total genetic structure of an entity,
(c) a prion,
(d) a reproductive cell or developmental stage of an organism, and
(e) an entity designated by the regulations as an organism; (« organisme »)
"syndrome" means a condition or group of characteristic symptoms or behaviours generally recognized by the scientific community as resulting or likely resulting from
(a) a single cause, which may be an organism, poison, toxin or other agent, but may not be identified or conclusively proven to be the cause, or
(b) a combination of such causes; (« syndrome »)
3 The following is added after section 1:
1.1(1) In this Act, "disease" means a condition or group of characteristic symptoms or behaviours
(a) that are generally recognized by the scientific community as resulting or likely resulting from a single cause, which may be an organism, poison, toxin or other agent; and
(i) may cause products derived from a diseased animal to be unsafe or unfit for use or consumption,
(ii) is a threat to the health or well-being of other living things or the economic interests of the animal industry, or
(iii) is otherwise a threat to public interest;
and includes a syndrome, and a condition or group of characteristic symptoms or behaviours that is designated as a disease in the regulations.
1.1(2) Without limiting the generality of subsection (1), an animal may be considered to be diseased if it has a condition or exhibits a characteristic group of symptoms or behaviours
(a) whose cause has not been identified or isolated from the animal; or
4 The following is added after subsection 2(3):
2(4) If the disease has been designated as a reportable disease under the regulations, the veterinarian or inspector shall, in addition to sending a notice under subsection (2) or (3), notify the director of the suspected disease by the fastest available means of communication.
2(5) The director and any person acting under his or her direction may, for the purpose of disease control, management or prevention or the protection of animal or human health, share or disclose any information that is reported or that they discover about a reportable disease or a suspected occurrence of a reportable disease. The information shared or disclosed may include personal information, as defined in The Freedom of Information and Protection of Privacy Act, about persons who report occurrences or suspected occurrences of reportable diseases or who may have been exposed to such diseases.
2(6) Information described in subsection (5) may be shared with or disclosed to
(a) the Government of Canada or a municipal, provincial or foreign government, or an agency of such a government or the Government of Manitoba, or a person or body, whose duties and interests include
(i) protecting the public health,
(ii) monitoring or reporting on the safety of agricultural inputs, food, livestock or livestock products, or
(iii) monitoring or reporting on the biological, chemical and physical integrity of agricultural inputs, food, livestock or livestock products;
(b) a marketing board or agency;
(c) persons who may be exposed to the reportable disease; and
5 Section 3 is amended by renumbering it as subsection 3(1) and by adding the following as subsections 3(2) and (3):
3(2) Where the director has reasonable and probable grounds to suspect that a vector is or may be carrying a disease-causing agent, the director may, in the public interest and at the expense of the owner, make any order in respect of it that may be made in respect of an animal under subsection (1).
3(3) Where the director has reasonable and probable grounds to suspect that a fomite is or may be carrying a disease-causing agent, the director may, in the public interest and at the expense of the owner, make any order in respect of it that may be made in respect of an animal under subsection (1).
6 The following is added after section 3:
3.1(1) The director may, in the public interest, order that a place described in clause (a) or (b) be quarantined or that a larger area including the place be quarantined, if he or she has reasonable and probable grounds to suspect that
(a) the place contains or has contained an animal that has a disease; or
(b) the place contains or has contained a vector or fomite.
3.1(2) The director may make an order under this section whether or not the place has been declared to be an infected place under section 7.
3.1(3) The director must provide notice of the quarantine order in accordance with the regulations.
3.1(4) While a quarantine order is in effect, no person shall, without a permit signed by an inspector, remove from or bring into the quarantined place or area, or move from location to location within the quarantined area,
(a) a live animal;
(b) the carcass, remains or any part of an animal;
(c) an animal product;
(d) the dung of animals;
(e) hay, feed, straw, litter, or other things commonly used for and about animals; or
(f) any other thing prescribed in the regulations.
3.1(5) While a quarantine order is in effect, no person shall permit an act described in subsection (4) to be done.
3.1(6) A person who receives notice of a quarantine order must comply with it.
3.2(1) To prevent or manage disease or to prevent the outbreak or spread of disease, the director may by order prohibit or restrict the movement of animals, including vectors, or of fomites, from location to location within part or all of Manitoba, or into or out of the province.
3.2(2) An order under this section may be made about
(a) one or more kinds of animal;
(b) animals belonging to one or more persons; or
(c) fomites belonging to one or more persons.
3.2(3) An order may be made under this section whether or not a quarantine order or a declaration of infected place has been made about the locations covered by the order.
7(1) Subsection 4(1) is amended
(a) in the English version, by striking out "or" at the end of clauses (a) to (d);
(b) in clause (c), by adding "a quarantined place or area or" after "in";
(c) in the French version, by replacing clause (d) with the following:
d) est atteint d'une maladie que l'inspecteur croit, pour des motifs raisonnables et probables, à ce point avancée qu'il soit impossible de le traiter ou qu'il serait cruel de le maintenir en vie.
(d) by adding the following after clause (d):
(e) which is, or is suspected on reasonable or probable grounds of being, a vector that is or likely is carrying a disease-causing agent; or
7(2) Subsection 4(3) is amended
(a) by replacing clause (a) with the following:
(a) a clinical examination of any animal which, on reasonable and probable grounds, is suspected of
(i) having a disease,
(ii) having been in contact with or proximity to an animal that has an infectious or contagious disease,
(iii) being a vector that is carrying a disease-causing agent, or
(iv) having been in contact with a vector or fomite that is or likely is carrying a disease-causing agent;
(a.1) a clinical examination of any animal in quarantined place or area or an infected place;
8 The following is added after section 4:
4.1 The director may, in accordance with the regulations, designate the health status of an area, livestock production operation, flock or herd.
9(1) Subsection 6(1) is amended by striking out "Lieutenant Governor in Council" and substituting "minister".
9(2) Subsection 6(3) is replaced with the following:
6(3) The minister may, on such terms and conditions as he or she may specify, designate as an inspector for the purpose of this Act
(a) a person who has been appointed to enforce another Act of the Legislature; or
(b) a qualified person who is not a member of the civil service of Manitoba, or a class of such persons.
6(3.1) Every person who is designated or in a designated class has all the authority of an inspector appointed under this Act.
9(3) The following is added after subsection 6(4):
6(5) When an inspector signals or requests a person driving a vehicle to stop, the person shall immediately bring the vehicle to a stop and shall not proceed until permitted to do so by the inspector.
6(6) In carrying out an inspection at any place under this section, an inspector may
(a) use a data processing system at the place to examine any data contained in or available to the system;
(b) reproduce any record from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and
(c) use any copying equipment at the place to make copies of any record or other document.
6(7) An inspector may remove any records or documents that he or she is entitled to examine or copy or otherwise reproduce but shall give a receipt to the person from whom they were taken and shall promptly return them on completion of the examination.
6.1(1) An inspector may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant.
6.1(2) A justice who is satisfied by information on oath that
(a) the conditions for entry described in section 6 exist in relation to a dwelling place;
(b) entry to the dwelling place is necessary for a purpose relating to the administration of this Act; and
(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused;
may at any time issue a warrant authorizing the inspector and any other person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant.
6.2(1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that
(a) an offence under this Act or the regulations has been committed; and
(b) there is to be found in any place an animal or thing that will afford evidence in respect of the commission of an offence;
may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the place for the animal or thing, and to seize and detain it.
6.2(2) An inspector and any other person named in the warrant may use whatever reasonable force is necessary to execute the warrant and may call on a police officer for assistance in executing it.
6.2(3) An inspector who executes a warrant may seize and detain, in addition to an animal or thing mentioned in the warrant, any animal or thing which the inspector believes on reasonable grounds is being used to commit an offence or which is evidence of an offence.
6.2(4) An inspector may exercise any of the powers mentioned in this section without a warrant if the conditions for obtaining a warrant exist but, because of exigent circumstances, it would not be practical to obtain one.
6.3(1) When an inspector seizes and detains an animal or thing under this Act, the director may
(a) require it to be stored at the place where it was seized or remove it to any other place for storage, in which case the costs of storage or removal are to be paid by the owner or the person in possession of the animal or thing at the time of its seizure; or
(b) require its owner or the person having the possession, care or control of it at the time of the seizure to remove it to any other place and to store it.
6.3(2) When an inspector seizes and detains an animal or a perishable thing, the director may cause it to be disposed of, and any proceeds realized from its disposition, with interest to be paid at a rate fixed from time to time by the Lieutenant Governor in Council, shall be held pending the outcome of the proceedings.
6.4(1) No person shall obstruct or hinder, or make a false or misleading statement to, an inspector who is carrying out duties or functions under this Act.
6.4(2) The owner or person in charge of a place referred to in subsection 6(2) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his or her duties and shall furnish the inspector with any information the inspector may reasonably require.
10 Subsection 7(4) is amended
(a) in the English version, by striking out "or" at the end of clause (d);
(b) in clause (e),
(i) by adding "feed," after "hay,", and
(ii) in the English version, by adding "or" at the end; and
(c) by adding the following after clause (e):
11 Subsection 16(1) of the French version is amended by striking out "aminaux" and substituting "animaux".
12 Section 17 is replaced with the following:
17(1) A person who contravenes this Act, the regulations or an order from the director or an inspector is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000. or imprisonment for a term of not more than one year, or both.
17(2) When a contravention of this Act, the regulations or an order continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.
17(3) If a corporation commits an offence under this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties for the offence provided for in this section, whether or not the corporation has been prosecuted or convicted.
13 The following is added after section 18:
18.1(1) For the purposes of this Act, the minister may enter into an agreement with a qualified person or organization or a government
(a) for the performance of such duties or functions under this Act as the minister may specify, on such terms and conditions as the minister may specify; or
(b) for the implementation and funding of disease control programs and initiatives.
18.1(2) An agreement under subsection (1) may authorize the person, organization or government to keep any fees, charges or costs they are entitled to recover under section 18.2 and use them, among other things, to defray the costs of performing the duties and functions specified in the agreement.
18.2(1) The government, and any person or organization that has entered into an agreement with the minister under section 18.1, may recover from a person referred to in subsection (2) any prescribed fees or charges and any costs incurred by the government or the other person or organization in relation to anything required or authorized under this Act, including, but not limited to,
(a) the inspection, examination, observation, confinement, quarantine, testing or analysis of a place, animal or thing under this Act; and
(b) the seizure, detention, storage, removal, disposal or return of an animal or thing, required or authorized under this Act.
18.2(2) The fees, charges and costs are recoverable jointly and severally 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, detention, examination, observation, confinement, quarantine, testing, analysis, identification, storage, removal, return or disposal or, in the case of an animal or thing seized under this Act, immediately before its seizure.
18.2(3) Any fees, charges or costs that are recoverable by the government or a person or organization that has entered into an agreement with the minister under section 18.1 may be recovered as a debt due.
18.3 No person may commence or maintain an action or other proceeding against the Crown, the director, any person acting for or under the direction of the director or any other person engaged in the administration of this Act for any act done in good faith, or any neglect or default, in the performance or intended performance of a responsibility or in the exercise or intended exercise of a power or discretion under this Act or the regulations.
14 Section 19 is amended
(a) by adding the following after clause (a):
(a.1) authorizing the director to collect information from any source about farms and commercial places where animals are kept for agricultural or other purposes, including, but not limited to,
(i) the names of their owners and operators and how to contact them,
(ii) the addresses and geographical limits of the farms or other places, and
(iii) the kinds and numbers of animals kept there;
(a.2) requiring persons, agencies and bodies to disclose information to the director under clause (a.1);
(a.3) respecting the director's maintenance and use of information collected under clause (a.1);
(b) by adding the following after clause (b):
(b.1) respecting the quarantine, isolation, treatment, husbandry, housing or destruction of vectors and animals suspected of being vectors;
(c) by adding the following after clause (c):
(c.1) respecting quarantine orders under section 3.1 and the quarantine of places or areas under them;
(c.2) respecting biosecurity measures that must be taken
(i) by persons or vehicles entering or leaving a quarantined place or area or an infected place,
(ii) by persons or vehicles moving from location to location within a quarantined place or area or an infected place, or
(iii) in respect of things being brought into or removed from a quarantined place or area or an infected place, or moved from location to location within a quarantined place or area or an infected place;
(c.3) prescribing things for the purposes of clause 3.1(4)(f) or 7(4)(f);
(d) by adding the following after clause (d):
(d.1) respecting orders prohibiting or restricting the movement of animals or fomites under section 3.2;
(d.2) respecting health-status designations under section 4.1;
(e) by adding the following after clause (g):
(g.1) respecting and requiring participation in disease control programs or initiatives, including providing for the assessment and collection of fees or levies from animal producers or marketers to offset part of the costs of such programs or initiatives;
(f) in clause (j), by adding "conditions or groups of characteristic symptoms or behaviours as" after "designating";
(g) by adding the following after clause (j):
(j.1) designating diseases as reportable diseases and respecting such diseases;
(h) in clause (q), by adding ", and respecting the records that they must keep about animals that they buy, sell, receive, ship or otherwise deal with" after "buyer"; and
(i) by adding the following after clause (s):
(s.1) designating areas of the province as disease control areas, and respecting animals and activities in relation to animals in such an area;
15 This Act comes into force on the day it receives royal assent.