Health of Animals Act (S.C. 1990, c. 21)

Marginal note:Prohibition of possession or disposition

• 15. (1) No person shall possess or dispose of an animal or thing that the person knows was imported in contravention of this Act or the regulations.

• Marginal note:Presumption

  (2) In any prosecution for an offence under subsection (1), an accused who is found to have been in possession of an animal or thing that was imported in contravention of this Act or the regulations shall be considered, in the absence of evidence to the contrary, to have known that the thing was so imported.

Marginal note:Importation into Canada

• 16. (1) Where a person imports into Canada any animal, animal product, animal byproduct, animal food or veterinary biologic, or any other thing used in respect of animals or contaminated by a disease or toxic substance, the person shall, either before or at the time of importation, present the animal, animal product, animal by-product, animal food, veterinary biologic or other thing to an inspector, officer or customs officer who may inspect it or detain it until it has been inspected or otherwise dealt with by an inspector or officer.

• Marginal note:Regulations

  (2) The Minister may make regulations for exempting animals or things from the application of this section and respecting the manner of presenting things for inspection.

Marginal note:Forfeiture of imports

17. Subject to section 18, where an animal or thing is imported or is attempted to be imported into Canada in contravention of this Act or the regulations, it shall be forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

Marginal note:Removal of imports

• 18. (1) Where an inspector or officer believes on reasonable grounds that an animal or thing has been imported into Canada and that it

  • (a) was imported in contravention of this Act or the regulations,

  • (b) is or could be affected or contaminated by a disease or toxic substance, or

  • (c) is a vector,

  the inspector or officer may, whether or not the animal or thing is seized, require the owner or the person having the possession, care or control of the animal or thing to remove it from Canada.

• Marginal note:Notice

  (2) A requirement under subsection (1) shall be communicated by personal delivery of a notice to the person being required to remove the animal or thing or by sending the notice to the person, and the notice may specify the period within which and the manner in which the animal or thing is to be removed.

• Marginal note:Non-forfeiture

  (3) An animal or thing that is required to be removed from Canada shall be deemed not to have been forfeited under section 17.

• Marginal note:Forfeiture where non-compliance

  (4) Where the animal or thing is not removed from Canada as required under this section, it shall, notwithstanding section 45, be forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.