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The Animal Diseases Act
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This version is current as of October 20, 2017.
It has been in effect since June 2, 2017.

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C.C.S.M. c. A85

The Animal Diseases Act

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

Definitions

1           In this Act,

"animal" means any creature not human; (« animal »)

"animal by-product" means a part of an animal or its carcass that is obtained from the animal or carcass for a purpose other than human consumption, and includes,

(a) blood, urine, saliva, manure, waste and anything containing or derived from any of those things,

(b) antlers, bones, bristles, feathers, flesh, hair, hides, skins, hoofs, horns, offal and anything containing or derived from any of those things, and

(c) another substance or thing prescribed as an animal by-product by the regulations,

but does not include a substance or thing that is excluded from this definition by the regulations; (« sous-produit animal »)

"animal product" means material derived from an animal or its carcass when a principal intention of keeping the animal is to produce the material for consumption or other use by humans or animals, and includes,

(a) reproductive animal material, including ova, embryos and semen,

(b) meat,

(c) milk, cream, butter and cheese,

(d) eggs,

(e) honey,

(f) fibre derived from animals,

(g) hides, skins and pelts, and

(h) other material prescribed as an animal product by the regulations,

but does not include material that is excluded from this definition by the regulations; (« produit animal »)

"biosecurity measure" means a measure taken to prevent the occurrence or spread of a disease or a disease-causing agent or other hazard; (« mesure de biosécurité »)

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

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

"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 »)

"hazard" means

(a) a biological, chemical, physical or radiological agent or factor,

(b) a condition of or in a place, area or vehicle in which an animal, animal product, animal by-product, fomite or vector or another thing is kept, housed, processed, raised, grown, displayed, stored, assembled, sold, offered for sale, slaughtered, transported or disposed of, or

(c) another thing prescribed as a hazard by the regulations,

that — in the absence of control — is likely to cause disease or otherwise adversely affect the health of an animal, but does not include any thing that is excluded from this definition by the regulations; (« danger »)

"inspector" means a veterinary inspector appointed under this Act; (« inspecteur »)

"minister" means a member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"organism" means

(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 »)

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

"peace officer" includes a peace officer, police constable or other person employed for the preservation and maintenance of the public peace; (« agent de la paix »)

"place" includes premises; (« lieu »)

"premises" means

(a) land whether or not

(i) a building or other structure is on it, or

(ii) a structure surrounds it, or

(b) a building or other structure, including the land

(i) on which the building or other structure is located, and

(ii) associated with or surrounding the building or other structure; (« propriété »)

"reportable disease" means a disease, as defined in subsection 1.1(1), that is designated as a reportable disease by the regulations; (« maladie déclarable »)

"reportable hazard" means a hazard that is designated as a reportable hazard by the regulations; (« danger déclarable »)

"risk factor" means a condition or practice that

(a) the director has reason to suspect as a factor which increases the probability of a disease occurring that is a serious risk to animal health or public health, and

(b) is a condition of or in, or a practice in, a place, area or vehicle in which an animal, animal product, animal by-product, fomite or vector is kept, processed, stored, assembled, transported or disposed of; (« facteur de risque »)

"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 »)

"vector" means an animal by which a disease-causing agent may travel from an infected animal or place to an uninfected one; (« vecteur »)

"vehicle" means a self-propelled or towed device in, on or by which people, living or dead animals, animal products or by-products, feed or other animal inputs, fomites, vectors, waste material or other things are or may be transported on, under or over land, including by rail, by air or in or on water, and includes cargo on or in the device and machinery, equipment or an apparatus mounted on or attached to the device; (« véhicule »)

"veterinarian" means an individual who is registered under The Veterinary Medical Act and is licensed under that Act to practise veterinary medicine in Manitoba; (« vétérinaire »)

"veterinary drugs" means those drugs, medicines and vaccines designated for use in animal disease prevention and therapy. (« médicament vétérinaire »)

S.M. 1997, c. 52, s. 2; S.M. 2000, c. 35, s. 27; S.M. 2002, c. 11, s. 2; S.M. 2004, c. 42, s. 3; S.M. 2006, c. 20, s. 2; S.M. 2015, c. 18, s. 2; S.M. 2015, c. 34, s. 38.

Meaning of disease

1.1(1)      In this Act, "disease" means

(a) a condition or group of characteristic symptoms or behaviours that

(i) is generally recognized by the scientific community as resulting or likely resulting from an organism, poison, toxin or other agent, or a combination of any of them, and

(ii) meets one or more of the following criteria:

(A) it may cause products derived from a diseased animal to be unsafe or unfit for use or consumption,

(B) it is a threat to the health or well-being of other living things or the economic interests of the animal industry,

(C) it is otherwise a threat to public interest; or

(b) a syndrome, condition or group of characteristic symptoms or behaviours that is designated as a disease in the regulations.

Unidentified causes of disease

1.1(2)      Without limiting the generality of subsection (1), an animal that has a condition or exhibits a group of characteristic symptoms or behaviours may be considered to be diseased

(a) even though the cause of the condition or group of characteristic symptoms or behaviours has not been identified or isolated from the animal;

(b) if the condition or group of characteristic symptoms or behaviours is generally recognized by the scientific community as being caused or likely caused by an organism, poison, toxin or other agent to which the animal has been or might have been exposed; or

(c) if the animal has been or might have been exposed to a hazard.

S.M. 2002, c. 11, s. 3; S.M. 2015, c. 18, s. 3.

Notice of disease to be given

2(1)        Every owner, breeder, dealer in, or person having custody of any animal who suspects or notices that any animal owned by him or in his custody appears to be suffering from a disease shall forthwith notify the nearest veterinarian or inspector of his suspicion.

Notice to be given by veterinarian

2(2)        Every veterinarian who has reason to believe that an animal is suffering from a disease shall forthwith in writing notify the director.

Further notice

2(3)        Where a veterinarian or an inspector receives a notification under subsection (1), he shall, within two days of the receipt of the notification in writing notify the director.

Reportable diseases and hazards

2(4)        A person — including a veterinarian or inspector — who has reason to suspect

(a) that an animal

(i) has or might have a reportable disease,

(ii) has died having had a reportable disease, or

(iii) is or might be exposed to a reportable disease; or

(b) that a reportable hazard exists or might exist in a place, area or vehicle or that an animal is or might be exposed to the hazard;

must notify the director about the suspicion by the fastest available means of communication.

Disclosing information about reportable diseases

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.

Disclosing information about reportable hazards

2(5.1)      Subsection (5) applies, with necessary changes, to information about reportable hazards or suspected occurrences of reportable hazards.

Persons to whom information may be disclosed

2(6)        Information described in subsection (5) or (5.1) 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

(d) any other person, if the director considers it to be in the public interest.

S.M. 2002, c. 11, s. 4; S.M. 2015, c. 18, s. 4.

Animal health surveillance

2.1         Subject to the regulations, the director may conduct ongoing animal health surveillance for the systematic collection, analysis, interpretation and publication of information relevant to the following:

(a) gaining an overall understanding of the health status of animal populations within Manitoba;

(b) anticipating, assessing, monitoring and planning for

(i) animal health needs and threats to animal health, or

(ii) threats to public health from disease in animals;

(c) producing animal health advisories, reports and other notices.

S.M. 2015, c. 18, s. 5.

Application of provisions to past circumstances

2.2(1)      A provision of this Act that applies in any of the following circumstances:

(a) when there is reason to suspect that an animal

(i) has or might have a disease,

(ii) is or might be exposed to a disease,

(iii) is or might be in contact with another animal, or

(iv) is or might be exposed to a hazard, another animal, or a thing, including a vector, fomite, animal product or animal by-product;

(b) when there is reason to suspect that a hazard, risk factor or unidentified cause of disease exists or might exist in a place or vehicle;

(c) when there is reason to suspect that an animal is contained or located or might be contained or located in a place;

(d) when there is reason to suspect that an animal is contained or being transported or might be contained or being transported in a vehicle;

(e) when there is reason to suspect that a vector or fomite carries or might carry a disease-causing agent;

applies equally when there is reason to suspect that — while the circumstance might no longer exist or be occurring — it previously existed or occurred or previously might have existed or occurred.

Application to reportable diseases and hazards

2.2(2)      For the purpose of subsection 2(4), subsection (1) applies, with necessary changes, in respect of reportable diseases and reportable hazards.

S.M. 2015, c. 18, s. 5.

Orders re hazards or other potential causes of disease

2.3         If the director has reason to suspect that a hazard, risk factor or unidentified cause of disease exists or might exist in a place, area or vehicle, the director may, in the public interest and at the expense of the owner of the place, area or vehicle, make any order the director considers necessary to eliminate, remedy, reduce or otherwise deal with the hazard, risk factor or unidentified cause of disease or to prevent the incidence of disease as a result of any of them, including ordering

(a) that biosecurity measures relevant to the hazard, risk factor or unidentified cause of disease be implemented; or

(b) that animals in the place, area or vehicle susceptible to the hazard, risk factor or unidentified cause of disease

(i) be examined or placed under observation, or

(ii) be tested or treated for any disease associated with the hazard, risk factor or unidentified cause of disease.

S.M. 2015, c. 18, s. 5.

Examination, quarantine, treatment and disposal — animals

3(1)        If the director has reason to suspect that an animal has or might have a disease, or is or might be exposed to a hazard, the director may, in the public interest and at the expense of the owner, make any of the following orders:

(a) an order that one or more of the following be done in respect of the animal:

(i) that it be placed under observation, examined or tested,

(ii) that it be removed for treatment,

(iii) that it receive treatment in accordance with the order,

(iv) that it be confined or quarantined,

(v) that it be seized,

(vi) that it be disposed of in accordance with the order;

(b) an order that biosecurity measures relevant to the disease or hazard be implemented by the owner in respect of any place where the owner keeps animals or any vehicle that the owner uses in connection with the animals.

Examination, quarantine, treatment and disposal — other things

3(1.1)      In a case to which subsection (1) applies, the director may, in the public interest and at the expense of the owner, make any of the orders described in subclauses (1)(a)(i) to (vi) or clause (1)(b) in respect of

(a) another animal; or

(b) an animal product, animal by-product, fomite or vector;

with which the animal described in subsection (1) has had or might have had contact.

Orders re vectors

3(2)        If the director has reason to suspect that a vector is or might 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).

Examination, observation, disposal of fomites

3(3)        If the director has reason to suspect that a fomite is or might 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).

S.M. 1997, c. 52, s. 2; S.M. 2002, c. 11, s. 5; S.M. 2015, c. 18, s. 6; S.M. 2017, c. 26, s. 1.

Quarantine of a place, area or vehicle

3.1(1)      The director may, in the public interest, order that a place or vehicle described in clause (a) or (b) be quarantined, or that a larger area including the place or vehicle be quarantined, if the director has reason to suspect that

(a) the place or vehicle contains or might contain

(i) an animal that the director has reason to suspect has or might have a disease, or

(ii) an animal, animal product or animal by-product that the director has reason to suspect is or might be exposed to an animal described in subclause (i); or

(b) the place or vehicle contains or might contain a vector or fomite that the director has reason to suspect carries or might carry the disease or is or might be exposed to an animal described in subclause (a)(i).

Declaration as infected place not necessary

3.1(2)      The director may make an order under this section whether or not the place or area has been declared to be an infected place under section 7.

Notice of quarantine order

3.1(3)      The director must provide notice of the quarantine order in accordance with the regulations.

Restrictions on activities during quarantine

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, area or vehicle, or move from location to location or from premises to premises within the quarantined place or area,

(a) a live animal;

(b) the carcass, remains or any part of an animal;

(c) an animal product or by-product;

(d) [repealed] S.M. 2015, c. 18, s. 7;

(e) hay, feed, straw, litter, or other things commonly used for and about animals;

(e.1) a fomite not mentioned in clause (b), (c) or (e), or a vector; or

(f) any other thing prescribed in the regulations.

Further restrictions

3.1(5)      While a quarantine order is in effect, no person shall permit an act described in subsection (4) to be done.

Compliance with quarantine order

3.1(6)      A person who receives notice of a quarantine order must comply with it.

S.M. 2002, c. 11, s. 6; S.M. 2015, c. 18, s. 7.

Cease movement orders

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.

Order may apply to certain animals

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.

Order may be made without quarantine, etc.

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.

Statutes and Regulations Act not applicable

3.2(4)      The Statutes and Regulations Act does not apply to an order made under this section.

S.M. 2002, c. 11, s. 6; S.M. 2015, c. 18, s. 8.

Destruction of diseased animals

4(1)        The director may, in the public interest, order the destruction and disposition of any animal

(a) having, or reasonably suspected of having, a disease;

(b) having contact with, or being in proximity to, an animal which has, or is reasonably suspected of having, a disease which is infectious or contagious;

(c) which is in a quarantined place or area or a place declared by an inspector to be an infected place;

(d) having a disease which the inspector reasonably believes is in such an advanced stage as to be untreatable or in which the continued survival of the animal would be cruel and inhumane;

(e) which is, or is reasonably suspected of being, a vector that is or likely is carrying a disease-causing agent; or

(f) having contact with or being in proximity to a vector or fomite which is carrying, or is reasonably suspected of carrying, a disease-causing agent.

Exhumation

4(2)        The director may order that the carcass of any dead animal be exhumed for the purpose of examination and testing or investigation.

Examination of diseased or dead animals

4(3)        An inspector may examine, conduct a test of or arrange for the testing of

(a) an animal that is reasonably 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) an animal in a quarantined place or area or an infected place;

(b) an animal that is reasonably suspected of having died of a disease or that was destroyed or slaughtered.

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 reason to believe that the owner will abandon them; or

(b) the director has reason 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 place 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 that the inspector has reason to suspect contains or might contain an animal to which this section may apply; and

(b) stop and enter any vehicle that the inspector has reason to suspect is or might be transporting an animal to which this section may apply.

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.

S.M. 2002, c. 11, s. 7; S.M. 2006, c. 20, s. 3; S.M. 2015, c. 18, s. 9.

Designation of health status

4.1         The director may, in accordance with the regulations, designate the health status of an area, livestock production operation, flock or herd.

S.M. 2002, c. 11, s. 8.

Public display, etc. of animals

5(1)        Any peace officer or any person having charge of the operation of a market, fair, or other open or public place who, on reasonable and probable grounds, suspects that an animal having a disease is being sold, disposed of, or exposed or offered for sale, disposal, display, or show in the market, fair or place, may seize and take the animal and forthwith notify the nearest veterinarian or inspector.

Notification of director

5(2)        A veterinarian or inspector who receives a notification under subsection (1) shall forthwith notify the director.

S.M. 1997, c. 52, s. 2.

Appointment of inspectors

6(1)        The minister may appoint persons as inspectors for the purpose of enforcing this Act and the regulations.

Powers of inspectors

6(2)        An inspector may, at any reasonable time and without warrant, and upon presentation of a certificate or other means of identification as may be prescribed in the regulations,

(a) enter any place that the inspector has reason to suspect contains or might contain an animal, which the inspector has reason to suspect has or might have a disease, and examine any animal in the place;

(b) stop and enter any vehicle that the inspector has reason to suspect is transporting or might be transporting an animal 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;

(c) require any books, documents or records which relate to the keeping or conveying of any animal, or which the inspector has reason to believe relate to the keeping or conveying of any animal, to be produced for inspection, and make copies of the records or take extracts from them;

(d) detain for the purpose of examination, testing or evidence any animal that has or is reasonably suspected of having a disease, or take and detain for any of those purposes parts or specimens of the animal, or animal products, animal by-products or other things suspected of being contaminated or otherwise associated with a disease; and

(e) conduct or arrange for testing of an animal or anything else detained under clause (d).

Designation of inspectors

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.

Authority of designated inspectors

6(3.1)      Every person who is designated or in a designated class has all the authority of an inspector appointed under this Act.

Payment

6(4)        An inspector appointed under this Act, who is not a member of the Civil Service, may be paid such per diem and reasonable travelling and out-of-pocket expenses incurred by him in discharging his duties as the Lieutenant Governor in Council may determine.

Driver of vehicle must stop

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.

Use of data processing system and copying equipment

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.

Records

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.

S.M. 1997, c. 52, s. 2; S.M. 2002, c. 11, s. 9; S.M. 2006, c. 20, s. 4; S.M. 2015, c. 18, s. 10.

Warrant to enter a dwelling place

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.

Authority to issue 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.

S.M. 2002, c. 11, s. 9.

Warrant to search and seize

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.

Use of force

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.

Additional seizure powers

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.

Where warrant not necessary

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.

S.M. 2002, c. 11, s. 9.

Storage of seized animals or things

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.

Disposal of seized animals and perishable things

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.

S.M. 2002, c. 11, s. 9.

No obstruction of inspector

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.

Assistance to inspector

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.

S.M. 2002, c. 11, s. 9.

Entry powers in general

6.5(1)      To enforce an order under any provision of this Act or the regulations, the director or an inspector may, at any reasonable time and without a warrant,

(a) enter any place or area to which the order applies;

(b) stop and enter any vehicle to which the order applies;

(c) take any action in respect of the place, area or vehicle that the order permits, or this Act or the regulations permit, to be done in respect to it; and

(d) take any action in respect of an animal or thing in the place, area or vehicle that the order permits, or this Act or the regulations permit, to be done in respect to it.

Identification to be shown

6.5(2)      The director or an inspector entering a place or area or stopping or entering a vehicle for the purpose of enforcing an order must show his or her identification if requested to do so.

Entry to a dwelling

6.5(3)      Despite clause (1)(a), section 6.1 applies, with necessary changes, in relation to entry to a dwelling by the director or an inspector for the purpose of enforcing an order.

Application of subsections 6(4) to (7) and section 6.4

6.5(4)      Subsections 6(4) to (7) and section 6.4 apply, with necessary changes, to the director or an inspector who is enforcing an order.

S.M. 2015, c. 18, s. 11.

Infected place

7(1)        An inspector may declare any place containing an animal which has, or is reasonably suspected of having, an infectious or contagious disease to be an infected place, and the inspector

(a) may prescribe the geographical limits of the infected place; and

(b) shall notify, or cause to be notified, the owners or occupiers of the place.

Adjoining area

7(2)        Where, under subsection (1), an inspector declares that a place constitutes an infected place, he may notify the owners or occupiers of all lands and buildings within a radius of one mile of the infected place; and thereupon the provisions of this Act apply to those lands and buildings to the same extent as if they were within an area declared to be an infected place.

Variation of order

7(3)        An inspector may, by order, extend or reduce the limits of any place declared by him to be an infected place, and may, revoke any order or declaration made by him under subsections (1) and (2).

Prohibition against removal

7(4)        Where a place is declared to be an infected place, no person shall remove from or bring into the infected place

(a) a live animal;

(b) the carcass, remains, or any part of an animal;

(c) any animal product or by-product;

(d) [repealed] S.M. 2015, c. 18, s. 12;

(e) hay, feed, straw, litter, or other things commonly used for and about animals;

(e.1) a fomite not mentioned in clause (b), (c) or (e), or a vector; or

(f) any other thing prescribed in the regulations;

without a permit signed by an inspector.

Return of an animal or thing to infected place

7(5)        An inspector may order that an animal or thing removed from an infected place, or which he has reason to believe has been removed from an infected place in violation of the provisions of this Act be taken back within the limits of the infected place.

Return at expense of owner or occupier

7(6)        Where, under subsection (5), the owner or occupier of lands or buildings is required by an inspector to return an animal or thing removed from an infected area back to the infected area and the owner or occupier refuses to comply with the order of the inspector, the inspector may return or cause to be returned the animal or thing to the infected area at the expense of the owner or occupier, as the case may be.

S.M. 2002, c. 11, s. 10; S.M. 2015, c. 18, s. 12.

Proof of orders

8           An order of an inspector declaring any place to be an infected place, or a copy thereof certified as a true copy, by any inspector appointed under this Act, is prima facie proof of the existence of an infectious or contagious disease of animals or of the suspicion of such disease and of the other matters to which the declaration or order relates and shall without proof of the signature of the person signing the order or of the certificate be received as evidence of the declaration or order in all courts in the province.

Proof of certificate

9           A certificate of an inspector or a veterinarian that an animal has a disease is, for the purposes of this Act, prima facie proof of the matters certified.

S.M. 1997, c. 52, s. 2.

Taking specimens or samples for testing

9.1(1)      When this Act permits a person to conduct a test or arrange for testing of an animal, place or thing, the person may take and detain any specimens or samples that the person considers necessary for a proper test.

Taking specimens or samples under an order

9.1(2)      Subsection (1) applies, with necessary changes, to cases when the testing is to be done under an order permitted by this Act or the regulations.

Taking specimens or samples after death of animal

9.1(3)      The power to take and detain specimens or samples in relation to an animal applies whether the animal is alive or has died.

S.M. 2015, c. 18, s. 13.

Biosecurity measures to be taken by inspectors

9.2         Before entering a place, area or vehicle for the purpose of any provision of this Act or a regulation made under this Act, a person — including the director, an inspector or another person — must take the biosecurity measures or comply with the biosecurity standards prescribed by regulation in respect of the category of place, area or vehicle.

S.M. 2015, c. 18, s. 13.

Vehicles to be cleaned, etc.

10(1)       Every owner, breeder, dealer in or person having custody of an animal having an infectious or contagious disease and every person carrying such animal in any vehicle shall thoroughly clean and disinfect the place or vehicle in which the animal is kept or carried in such manner and within such period as an inspector may direct.

Inspector may cause work to be done

10(2)       Where any person refuses or neglects to cause the place or vehicle to be cleansed and disinfected after being required to do so under subsection (1), the inspector may cause the place or vehicle to be cleansed and disinfected at the expense of such person; and the inspector may also condemn the place or vehicle as unfit for further use until the inspector otherwise orders.

Diseased carcass disposal

10(3)       Every owner, breeder, dealer in or person having custody of a carcass or carcasses of dead animals resulting from an infectious or contagious disease named in this Act shall dispose of same in the manner ordered by an inspector.

Dead animal disposal

11(1)       Unless the director otherwise directs, the disposal of dead livestock shall be in compliance with the provisions of The Environment Act and the regulations made thereunder.

Dead animal collection and delivery

11(2)       From the Consolidated Fund with moneys authorized by an Act of Legislature for the purpose the minister may order the collection and delivery of dead animals and animal waste to registered dead animal disposal plants in such manner and under such terms as may be fixed in the regulations.

Assessment of costs

11(3)       The cost of collection and delivery of dead animals and animal wastes, or any part of the cost may be assessed to the owner on order of the minister.

Contract with registered disposal plants

11(4)       For the purposes of suitably disposing of dead animals and animal waste the government may enter into contracts for receiving dead animals and animal waste with any person operating a registered dead animal disposal plant under such terms as may be fixed in the regulations.

S.M. 2011, c. 35, s. 3.

Public sales yard inspection and licensing

12(1)       From the Consolidated Fund with moneys authorized by an Act of Legislature for the purpose the minister may order the provision of health inspection, certification or disposal of all animals offered for sale in public yards in the manner and under such terms as may be fixed in the regulations.

Assessment of costs

12(2)       Inspection costs or any part thereof under subsection (1) may be assessed to the operators of the public yards on order of the minister.

Permit for livestock yards, buyers and agents

12(3)       No person shall operate a livestock sales yard, agency or business as a livestock buyer or broker unless he first obtains a permit from the director for that purpose and unless he complies with the sanitary and disease control standards and inspection procedures as may be prescribed in the regulations.

Form of application and fee

12(4)       An application for permit under subsection (3) shall be made to the director upon such form and accompanied by such fee as may be prescribed in the regulations.

Issue of permit

12(5)       Upon receipt of an application under this section, if the director is satisfied that the applicant for a permit has complied with the sanitary and disease control standards prescribed in the regulations, he may issue a permit to the applicant.

S.M. 1997, c. 52, s. 2.

13          [Repealed]

S.M. 1997, c. 52, s. 2.

Central drug purchasing and distribution depot

14(1)       Notwithstanding anything contained in The Government Purchases Act, from and out of the Consolidated Fund with moneys authorized by an Act of Legislature for the purpose the minister may establish a central depot for purchasing and distribution of veterinary drugs in the manner and form fixed by the regulations.

Permit to sell veterinary drugs

14(2)       Notwithstanding anything contained in The Pharmaceutical Act, no person, other than a person registered under that Act, or The Veterinary Medical Act shall sell, offer for sale, or distribute or keep for sale or distribution, any veterinary drug, medicine or vaccine unless he first complies with the standards fixed in the regulations and obtains a permit for that purpose as prescribed in the regulations.

Form of application

14(3)       An application for permit under subsection (2) shall be made to the director upon such form and accompanied by such fee as may be prescribed in the regulations.

Issuing of permit

14(4)       The director shall issue the permit if he is satisfied that the applicant has complied with the standards and paid the fee prescribed in the regulations.

Compliance with The Pharmaceutical Act

14(5)       A person who obtains a permit under this section shall also comply with the provisions of The Pharmaceutical Act and the regulations made thereunder.

Compensation by municipality

15(1)       A municipality may pay to the owner of any animal compensation for animals destroyed or otherwise disposed of under this Act.

Municipal grants for control programs

15(2)       A municipality may make grants to the owners of animals for the purpose of establishing or assisting in establishing programs for the prevention and control of animal diseases in the municipality and the provision of veterinary services.

S.M. 1996, c. 58, s. 446.

Payment of compensation

16(1)       From the Consolidated Fund, with moneys authorized by an Act of the Legislature for such purposes, the Minister of Finance on the written requisition of the minister may pay to the owner of any animal compensation for animals destroyed or otherwise disposed of under this Act.

Payment of grants

16(2)       From the Consolidated Fund, with moneys authorized by an Act of the Legislature for such purposes, the Minister of Finance on the written requisition of the minister may make grants to a person, corporation or municipality designated by the minister, for the purpose of establishing or assisting in establishing programs for the prevention, the control of animal diseases, the provision of veterinary services and the training of veterinary students.

Offence and penalty

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.

Continuing offences

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.

Directors and officers of corporations

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.

S.M. 2002, c. 11, s. 12.

Appeal

18(1)       Any person affected by an order under this Act may appeal the order within 30 days of the making thereof, to the minister whose decision thereon is final.

Powers of minister

18(2)       The minister has all the powers of the director under this Act.

Agreements

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.

Terms

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.

S.M. 2002, c. 11, s. 13.

Recovery of fees, charges or costs

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.

Persons liable

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.

Unpaid fees, charges or costs

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.

S.M. 2002, c. 11, s. 13.

Protection from liability

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.

S.M. 2002, c. 11, s. 13.

Regulations by Lieutenant Governor in Council

19          The Lieutenant Governor in Council may make regulations

(a) respecting the certification of inspectors under this Act;

(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);

(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) respecting the quarantine, isolation, treatment, husbandry, housing or destruction of

(i) animals that have or are suspected of having a disease, or that have had or are suspected of having had a disease, or

(ii) other animals that have or are suspected of having contact with an animal described in subclause (i), or that have had or are suspected of having had contact with such an animal;

(b.1) respecting the quarantine, isolation, treatment, husbandry, housing or destruction of vectors and animals suspected of being vectors;

(b.2) respecting the quarantine of places, areas vehicles or other substances or things, including fomites, that may be quarantined under this Act;

(c) respecting the destruction or disposal of carcasses of animals, or of animal products, animal by-products or fomites by which it appears that a disease may be transmitted or conveyed from place to place or which are otherwise implicated in the transmission of disease;

(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) respecting the segregation or confinement of animals within certain limits and the regulation of the removal to or from infected places;

(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) respecting the cleansing and disinfection of vehicles or premises, or parts of premises, used for the transportation of animals;

(f) respecting the issue of permits for the conveyance and removal of animals to and from infected places;

(g) prescribing the notices to be given in relation to the appearance or suspicion of diseases that are infectious or contagious among animals;

(g.1) respecting and requiring participation in disease prevention, management or 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;

(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 prevention, management or 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;

(h) respecting the regulation of the holding of fairs, exhibitions, displays, shows, markets, or sales of animals;

(i) prescribing the type of evidence that may be required to prove that the place or origin of animals is free from infectious or contagious disease;

(j) and (j.1) [repealed] S.M. 2015, c. 18, s. 14;

(k) exempting certain diseases from the operation of certain provisions of this Act and the regulations, and prescribing such treatment therefor as may be necessary and advisable;

(l) respecting the confinement, destruction and disposal of animals having or suspected of having a disease, including the fixing of responsibility of any public authority or person, whether the owner or not, for the disposal thereof;

(m) respecting the collection of specimens from live or dead animals, and the examination, testing and treatment of animals or parts of animals;

(n) respecting the collection and delivery of dead animals;

(o) respecting the assessment of costs for the collection and delivery of dead animals;

(p) respecting contracts between the government and operations of registered disposal plants for the disposal of dead animals and animal waste;

(q) prescribing the sanitary standards, disease prevention, management and standards and inspection procedures required by persons operating livestock sales yards, agency or business as a livestock buyer, and respecting the records that they must keep about animals that they buy, sell, receive, ship or otherwise deal with;

(r) respecting health inspection, certification or disposal of animals offered for sale at public yards;

(s) respecting the assessment of costs for inspection;

(s.1) [repealed] S.M. 2015, c. 18, s. 14;

(t) [repealed] S.M. 1997, c. 52, s. 2;

(u) notwithstanding anything contained in The Pharmaceutical Act, respecting the sale and distribution of veterinary drugs, medicines, or vaccines for diseases of animals and the qualification and licensing of such persons and the storage, handling and disposal of veterinary drugs, medicines, or vaccines;

(v) respecting application forms and fees for permits issued under this Act;

(w) respecting the terms and conditions for the payment of grants for establishing or assisting in establishing programs for the prevention and control of animal diseases and the provision of veterinary services;

(x) respecting the amount and manner of compensation to be paid under this Act;

(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;

(z) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

S.M. 1997, c. 52, s. 2; S.M. 2002, c. 11, s. 14; S.M. 2006, c. 20, s. 5; S.M. 2015, c. 18, s. 14.

Regulations by minister

20          The minister may make regulations

(a) prescribing a substance or thing as an animal by-product for the purpose of the definition of that term in section 1 or excluding a substance or thing from that definition;

(b) prescribing material as an animal product for the purpose of the definition of that term in section 1 or excluding material from that definition;

(c) for the purpose of clause 1.1(1)(b), designating any syndrome, condition or group of characteristic symptoms or behaviours as a disease;

(d) designating diseases as reportable diseases;

(e) designating hazards as reportable hazards;

(f) respecting the prevention, management and control of reportable diseases and reportable hazards;

(g) respecting the conduct of animal health surveillance under section 2.1, including requiring persons having information relevant to the purpose of that section to provide the information to the director in accordance with the director's requirements and governing the publication of information generated by the surveillance;

(h) designating areas of the province as disease prevention, management or control areas and respecting any matter that the minister considers necessary or advisable for a designation to be effective;

(i) respecting animals and activities in relation to animals in a disease prevention, management or control area;

(j) respecting programs and measures that may be undertaken in a disease prevention, management or control area for the purpose of preventing, managing or controlling disease, as may be applicable;

(k) granting powers to the director in respect of disease prevention, management or control areas and respecting the exercise of those powers.

S.M. 2015, c. 18, s. 15.

Regulations may be general or particular

21          A regulation made under section 19 or 20 may be general or particular in its application and may apply in whole or in part to one or more species of animals or classes of persons to the exclusion of others, and to the whole or any part of the province.

S.M. 2015, c. 18, s. 15.

C.C.S.M. reference

22          This Act may be referred to as chapter A85 of the Continuing Consolidation of the Statutes of Manitoba.

S.M. 2015, c. 18, s. 15.