3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 71

THE ANIMAL DISEASES AMENDMENT ACT

(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 by adding the following definitions:

"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 »)

"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 »)

"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 »)

"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 »)

3

Section 1.1 is replaced with the following:

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.

4(1)

Subsection 2(4) is replaced with the following:

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.

4(2)

The following is added after subsection 2(5):

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.

4(3)

Subsection 2(6) is amended in the part before clause (a) by adding "or (5.1)" after "subsection (5)".

5

The following is added after section 2:

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.

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.

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.

6(1)

Subsection 3(1) is replaced with the following:

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.

6(2)

The following is added after subsection 3(1):

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.

6(3)

Subsections 3(2) and (3) are amended

(a) by striking out "Where the director has reasonable and probable grounds" and substituting "If the director has reason"; and

(b) by striking out "may be" and substituting "might be".

7(1)

Subsection 3.1(1) is replaced with the following:

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).

7(2)

Subsection 3.1(2) is amended by adding "or area" after "whether or not the place".

7(3)

Subsection 3.1(4) is amended

(a) in the part before clause (a), by striking out "place or area, or move from location to location within the quarantined area," and substituting "place, area or vehicle, or move from location to location or from premises to premises within the quarantined place or area,";

(b) in clause (c), by adding "or by-product" after "product";

(c) by repealing clause (d); and

(d) by striking out "or" at the end of clause (e) and adding the following before clause (f):

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

8

The following is added after subsection 3.2(3):

Statutes and Regulations Act not applicable

3.2(4)

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

9(1)

Subsection 4(1) is amended

(a) in clauses (a), (b), (e) and (f), by striking out "suspected on reasonable and probable grounds" and substituting "reasonably suspected"; and

(b) in clause (d), by striking out "believes, on reasonable and probable grounds," and substituting "reasonably believes".

9(2)

Subsection 4(2) is amended by adding "testing or" after "examination and".

9(3)

Subsection 4(3) is amended

(a) by replacing the part before clause (a) with "An inspector may examine, conduct a test of or arrange for the testing of";

(b) in the part of clause (a) before subclause (i), by striking out "a clinical examination of any animal which, on reasonable and probable grounds, is" and substituting "an animal that is reasonably";

(c) in clause (a.1), by striking out "a clinical examination of any" and substituting "an"; and

(d) by replacing clause (b) with the following:

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

9(4)

Subsection 4(4) is amended in clause (a) and the part of clause (b) before subclause (i) by striking out "reasonable and probable grounds" and substituting "reason".

9(5)

Subsection 4(6) is amended

(a) in the section heading, by striking out "premises" and substituting "place"; and

(b) by replacing clauses (a) and (b) with the following:

(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.

10

Subsection 6(2) is amended

(a) by replacing clause (a) with the following:

(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) in the part of clause (b) before subclause (i), by striking out "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 substituting "that the inspector has reason to suspect is transporting or might be transporting an animal";

(c) in clause (c) of the English version, by striking out "believes on reasonable and probable grounds" and substituting "has reason to believe"; and

(d) by striking out "and" at the end of clause (c) and replacing clause (d) with the following:

(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).

11

The following is added after section 6.4:

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.

12(1)

Subsection 7(1) is amended in the part before clause (a) by striking out "suspected on reasonable and probable grounds" and substituting "reasonably suspected".

12(2)

Subsection 7(4) is amended

(a) in clause (c), by striking out "products" and substituting "by-product";

(b) by repealing clause (d); and

(c) by striking out "or" at the end of clause (e) and adding the following before clause (f):

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

13

The following is added after section 9:

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.

14

Section 19 is amended

(a) by replacing the section heading with "Regulations by Lieutenant Governor in Council";

(b) by replacing the part before clause (a) with "The Lieutenant Governor in Council may make regulations";

(c) by replacing clause (b) with the following:

(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;

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

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

(e) by replacing clause (c) with the following:

(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;

(f) in clause (e), by striking out "any yard, pens, stable, outhouse, or other place, or any vehicle or conveyance" and substituting "vehicles or premises, or parts of premises,";

(g) in clauses (g.1) and (g.3), by adding "prevention, management or" after "disease";

(h) by repealing clauses (j), (j.1) and (s.1);

(i) in clause (m), by adding ", testing" after "examination";

(j) in clause (q), by striking out "and disease control" and substituting "standards, disease prevention, management and"; and

(k) by adding the following after clause (y):

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

15

The following is added after section 19:

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.

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.

C.C.S.M. reference

22

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

Coming into force

16

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