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The Animal Diseases Act
This is an unofficial archived version of The Animal Diseases Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, 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")

"department" means The Department of Agriculture; ("ministère")

"deprivation" means deprived of the necessities for proper sustenance of life; ("privation" )

"director" means the Director of Veterinary Services of the department; ("directeur" )

"disease" means any condition causing suffering, illness or death of an animal, is a threat to public interest and is designated as a disease in the regulations; ("maladie" )

"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")

"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")

"veterinarian" means a person who holds a valid and subsisting certificate of registration under The Veterinary Medical Act; ("vétérinaire" )

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

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.

Examination, quarantine, treatment and disposal.

3

Where the director has reasonable and probable grounds to suspect that an animal has a disease or is suffering from deprivation or inhumane treatment, the director may make orders that the animal, in the public interest and at the expense of the owner:

(a) be seized for examination or observation;

(b) be removed for proper treatment;

(c) be examined and receive proper treatment;

(d) be confined or quarantined; and

(e) be disposed of in such manner as is reasonably required in the circumstances.

Destruction of diseased animals.

4(1)

The director may, in the public interest, order the destruction and disposition of any animal

(a) having, or suspected on reasonable and probable grounds of having, a disease; or

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

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

(d) having a disease which the inspector believes, on reasonable and probable grounds, is in such an advanced stage as to be untreatable or in which the continued survival of the animal would be cruel and inhumane.

Exhumation.

4(2)

The director may order that the carcass of any dead animal be exhumed for the purpose of examination and investigation.

Examination of diseased or dead animals.

4(3)

An inspector may make, or cause to be made,

(a) a clinical examination of any animal which, on reasonable and probable grounds, is suspected of having a disease; or

(b) a post-mortem examination of any animal which, on reasonable and probable grounds, is suspected of having died from a disease.

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 or suffering from deprivation 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.

Appointment of inspectors.

6(1)

The Lieutenant Governor in Council 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 or premises in which an animal having or suspected of having a disease or suffering from deprivation is located, or in which the inspector believes on reasonable and probable grounds such an animal is located, and examine the animal;

(b) stop and enter any vehicle in which an animal is being conveyed, and make such examination of the animal as is reasonably required to determine whether or not it is suffering from a disease or deprivation;

(c) require any books, documents or records which relate to the keeping or conveying of any animal, or which the inspector believes on reasonable and probable grounds 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; and

(d) detain for the purpose of examination or evidence or take and detain specimens of any animal or part of an animal, or any dung of an animal having or suspected of having a disease, or take and retain any specimens of hay, straw, litter or other things suspected of being contaminated or otherwise associated with a disease.

Federal inspectors as inspectors under this Act.

6(3)

The Lieutenant Governor in Council may authorize inspectors of the Department of Agriculture of Canada to be inspectors under this Act; and every person so authorized 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.

Infected place.

7(1)

An inspector may declare any place containing an animal which has, or is suspected on reasonable and probable grounds 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 products;

(d) the dung of animals; or

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

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.

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 or is suffering from deprivation is, for the purposes of this Act, prima facie proof of the matters certified.

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 Clean 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.

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 humane practices and 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.

Humane treatment of animals.

13(1)

No person shall keep or maintain any animal without adequate and proper food, water, shelter or attention or subject any animal to any wanton, cruel or inhumane treatment or fail to obtain and provide treatment for any diseased or injured animal.

Humane treatment during transport.

13(2)

No person shall transport or maintain in any yard or place of temporary confinement during transport any animal under conditions of deprivation of adequate and proper food, water, shelter or attention or subject any animal during transport to any wanton, cruel or inhumane treatment.

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)

Where the council of a municipality by by-law so provides, the 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)

Where the council of a municipality by a by-law so provides, the 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.

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.

Offences and penalties - obstruction.

17(1)

Any person who obstructs an inspector in the performance of his duties under this Act or who knowingly gives an inspector false or misleading information is guilty of an offence and liable on summary conviction to a fine of not less than $50. and not more than $500. or to imprisonment for a term not exceeding two months.

Other offences and penalties.

17(2)

Every person who contravenes any provision of this Act, or the regulations, in respect of which no penalty is provided, is guilty of an offence and liable on summary conviction to a fine of not less than $50. and not more than $500. and in default of payment thereof to imprisonment for a term not exceeding two months.

Penalty where accused is a corporation.

17(3)

Where a person convicted of an offence under this Act is a corporation, the pecuniary penalty may be increased to an amount not exceeding $1,000.

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.

Regulations.

19

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law, and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

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

(b) respecting the quarantine, isolation, treatment, husbandry, housing or destruction of animals having or suspected of having a disease or suffering from deprivation or the disposal of carcasses of animals, or of animal products, or the destruction of any hay, straw, fodder or other thing whereby it appears that infection or contagion may be transmitted or conveyed, or which is otherwise associated with the disease;

(c) respecting the quarantine, isolation, treatment or destruction of animals having contact with animals having or suspected of having an infectious or contagious disease;

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

(e) respecting the cleansing and disinfection of any yard, pens, stable, outhouse, or other place, or any vehicle or conveyance 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;

(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) designating diseases for the purposes of this Act;

(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 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 humane, sanitary and disease control standards and inspection procedures required by persons operating livestock sales yards, agency or business as a livestock buyer;

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

(s) respecting the assessment of costs for inspection;

(t) respecting the prevention of cruel, inhumane or neglectful treatment of animals;

(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; or

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