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The Animal Diseases Amendment Act

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2021, c. 53

Bill 62, 3rd Session, 42nd Legislature

The Animal Diseases Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Animal Diseases Act to require a person to obtain consent before entering a biosecurity zone or interacting with animals in such a zone. A biosecurity zone is an area within a livestock operation to which access is tightly controlled to limit the spread of pathogens.

Consent is now also required before interacting with animals in transport. This Bill makes it an offence to block or interfere with a vehicle transporting commercial animals.

The requirements for giving notice of orders are to be established by regulation.

(Assented to May 20, 2021)

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

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

1

The Animal Diseases Act is amended by this Act.

2

Section 1 is amended

(a) by adding the following definition:

"biosecurity zone" means an area on or within a farm, animal production facility or animal processing facility that

(a) is designated as a restricted access zone under, or in accordance with, a national biosecurity standard published by the Canadian Food Inspection Agency,

(b) is designated as a restricted access zone under, or in accordance with, the National Swine Farm-Level Biosecurity Standard published by the Canadian Pork Council, as amended from time to time, or

(c) meets the criteria established in the regulations for an area to be considered a biosecurity zone; (« zone de biosécurité »)

(b) by replacing the definition "inspector" with the following:

"inspector", unless the context otherwise requires, means a person appointed or designated as an inspector under section 6; (« inspecteur »)

3

Subsection 3.1(3) is repealed.

4

The following is added as sections 13.1 to 13.3:

Entry into biosecurity zone

13.1(1)

A person must not enter a biosecurity zone without the consent of

(a) the owner of the commercial animals being kept in the zone; or

(b) the occupier of the zone, if no commercial animals are being kept in the zone at the time of entry.

Breaching integrity of biosecurity zone

13.1(2)

A person must not interfere with a biosecurity zone or compromise the integrity of a biosecurity zone.

Interference with animal in biosecurity zone

13.1(3)

A person must not interfere with or interact with a commercial animal in a biosecurity zone, including by feeding or watering the animal, without the consent of the owner of the animal.

Interference with vehicle transporting animals

13.2(1)

A person must not stop, hinder, obstruct or otherwise interfere with a vehicle transporting a commercial animal.

Interference with animal in transport

13.2(2)

A person must not interfere with or interact with a commercial animal being transported by or kept in a vehicle, including by feeding or watering the animal, without the consent of the driver of the vehicle.

Exemptions

13.3(1)

The prohibitions in sections 13.1 and 13.2 do not apply to

(a) a person of a class prescribed in the regulations;

(b) a person voluntarily providing emergency services; or

(c) a person acting under the authority of an Act of the Legislature or the Parliament of Canada or a regulation made under such an Act, or under an order of a court of competent jurisdiction.

Biosecurity measures to be followed

13.3(2)

A person described in subsection (1) who is entering a biosecurity zone must take reasonable biosecurity measures, unless an emergency exists and entry is immediately necessary at the time.

5

The following is added after section 17:

Order to be in writing

17.1(1)

An order made under this Act must be in writing.

Notice of order

17.1(2)

Notice of an order made under this Act must be given in accordance with the regulations.

6

Section 19 is amended

(a) by adding the following after clause (q):

(q.1) establishing criteria for an area on or within a farm, animal production facility or animal processing facility to be considered a biosecurity zone;

(q.2) prescribing classes of persons for the purpose of clause 13.3(1)(a);

(b) by adding the following after clause (v):

(v.1) respecting the manner of giving notice of orders made under this Act;

Coming into force

7

This Act comes into force on a day to be fixed by proclamation.