Health of Animals Regulations (C.R.C., c. 296)

Import

• 189 (1) Every person who imports an animal shall

  • (a) apply or cause the application of an approved tag to the animal either before importation or immediately after the animal reaches its initial destination;

  • (b) in the case of a bison, bovine or ovine, report to the responsible administrator

    • (i) the identification number on the animal’s approved tag, and

    • (ii) enough information about the animal to allow the origin to be traced; and

  • (c) in the case of a pig, report to the responsible administrator

    • (i) the location of the last site at which the pig was kept before it was imported,

    • (ii) the location to which the pig was imported,

    • (iii) the date on which the pig was received,

    • (iv) the identification number on the pig’s approved tag, and

    • (v) the licence plate number or, if there is no licence plate, other identification of the conveyance by which the pig was imported.

• (2) The reports referred to in paragraphs (1)(b) and (c) shall be made

  • (a) if a bison is being imported, within 60 days after importation;

  • (b) if a bovine is being imported, within 30 days after importation;

  • (c) if an ovine is being imported, within 7 days after importation; or

  • (d) if a pig is being imported, within 7 days after importation.

• (3) Paragraphs (1)(a) and (b) do not apply to a bison, bovine or ovine that is imported for immediate slaughter.

• (4) Paragraph (1)(a) does not apply to an animal bearing an indicator of a foreign country if the Minister determines that the indicator meets the criteria set out in subsection 173(2) and that the identification number on the indicator can be entered and tracked in the responsible administrator’s database.

• (5) For the purposes of subsections 175(3) and 185(3) and sections 175.01, 175.1, 176 to 177.1, 179 to 181, and 186 to 189, if an imported animal bears an indicator of a foreign country and the Minister determines that the indicator meets the criteria set out in subsection 173(2) and that the identification number on the indicator can be entered and tracked in the responsible administrator’s database, the indicator is deemed to be an approved tag that was issued and applied to the animal in accordance with this Part.

Information Obtained by a Responsible Administrator

189.1 A responsible administrator shall maintain a database and other records obtained under this Part.

• 189.2 (1) If a person who is a responsible administrator obtains information under this Part in relation to an animal or the carcass of an animal and that animal or carcass was previously located in a province in respect of which the person is not the responsible administrator, the person shall provide that information without delay to the responsible administrator in respect of the province in which that animal or carcass was located.

• (2) A responsible administrator may allow persons to have access to the information that that administrator obtains under this Part for the purpose of providing services in relation to the database if those persons agree in writing not to disclose the information to any other person.

• (3) Every responsible administrator shall allow the Agency to have access to the information that that administrator obtains under this Part.

• (4) A responsible administrator shall allow any person to have access to the information that that administrator obtains under this Part if the Agency advises that administrator that the access is provided for in an agreement or memorandum of understanding that the Agency has entered into under subsection 14(1) of the Canadian Food Inspection Agency Act.

• (5) If a person (in this subsection referred to as the “former administrator”) ceases to be the responsible administrator for animals of all or part of a genus, species or subspecies that are located in a province and another person (in this subsection referred to as the “new administrator”) becomes the responsible administrator for animals of that genus, species or subspecies or of that part that are located in that province, the former administrator shall

  • (a) provide to the new administrator the information that the former administrator has obtained under this Part; and

  • (b) after receiving from the new administrator an acknowledgement in writing that the transferred information has been entered successfully into the database or other records maintained by the new administrator, permanently delete that information from the database and other records maintained by the former administrator except if the former administrator has the express, free and informed consent of any person to whom the information relates to retain that information.

PART XVIAquatic Animals

Interpretation

190 The following definitions apply in this Part.

aquatic animal

aquatic animal means any finfish, mollusc or crustacean, or any part of a finfish, mollusc or crustacean at any life stage, as well as any germplasm of those animals. (animal aquatique)

eviscerated

eviscerated, in relation to a finfish, means that the internal organs, excluding the brain and gills, have been removed. (éviscéré)

finfish

finfish means any cold-blooded aquatic vertebrate possessing fins and gills. (poisson à nageoires)

germplasm

germplasm means semen, male or female germ cells, or genetic material taken from a male or female germ cell for the purpose of producing a zygote. (matériel génétique)

offal

offal, in relation to an aquatic animal, means waste portions including the visceral and non-visceral organs, cut-offs and raw material. (abats)

species

species means, in respect of germplasm, the species of the aquatic animal that it is from. (espèce)

Susceptible Species of Aquatic Animals List

Susceptible Species of Aquatic Animals List means the document entitled Susceptible Species of Aquatic Animals that is published on the Agency’s website, as amended from time to time. (liste des espèces d’animaux aquatiques vulnérables)

Importation of Aquatic Animals

Aquatic Animals Set Out in the Susceptible Species of Aquatic Animals List

191 No person shall import an aquatic animal set out in the Susceptible Species of Aquatic Animals List except in accordance with a permit issued under section 160.

Pet Aquatic Animals

• 192 (1) Despite section 191, an aquatic animal set out in the Susceptible Species of Aquatic Animals List may be imported without a permit for use as a pet if

  • (a) the aquatic animal is a member of one of the following species:

    • (i) Barbonymus gonionotus,

    • (ii) Carassius auratus,

    • (iii) Colisa lalia,

    • (iv) Danio rerio,

    • (v) Glossogobius giuris,

    • (vi) Osphronemus goramy,

    • (vii) Oxyeleotris marmorata,

    • (viii) Puntius sophore,

    • (ix) Symphysodon discus,

    • (x) Toxotes chatareus,

    • (xi) Trichogaster pectoralis, or

    • (xii) Trichogaster trichopterus;

  • (b) the aquatic animal has not been taken to a show or display outside Canada;

  • (c) the aquatic animal is imported by its owner;

  • (d) the aquatic animal is accompanied or picked up by its owner at the point of entry into Canada; and

  • (e) the owner presents proof of the owner’s identity and his or her ownership of the aquatic animal to the inspector.

• (2) An aquatic animal imported under subsection (1) shall be kept in an aquarium in the household of its owner, and the owner shall not, for the year following the importation, expose it to any aquatic animals other than those kept in the household.

• (3) The owner of an aquatic animal imported under subsection (1) shall not, in the period of 90 days after the importation, import another aquatic animal under that subsection.

• (4) The owner of an aquatic animal imported under subsection (1) shall keep the records of the importation, including the documents required under paragraph (1)(e).

Aquatic Animals for Personal Use

• 193 (1) Despite section 191, an aquatic animal set out in the Susceptible Species of Aquatic Animals List may be imported without a permit if

  • (a) the aquatic animal is imported by a person for his or her personal use;

  • (b) the person brings the aquatic animal into Canada or picks it up at the point of entry into Canada; and

  • (c) the person presents, to the inspector, proof of his or her identity and proof of the manner in which he or she acquired the aquatic animal.

• (2) The quantity of aquatic animals that may be imported under subsection (1) shall not exceed

  • (a) four crustaceans;

  • (b) three kilograms of molluscs; and

  • (c) ten finfish that are not eviscerated.

Aquatic Animals not Set Out in the Susceptible Species of Aquatic Animals List

194 No person shall import an aquatic animal that is not set out in the Susceptible Species of Aquatic Animals List unless it is accompanied by a document that is satisfactory to an inspector and that includes the following information:

• (a) the name and address of the exporter;

• (b) the name and address of the importer;

• (c) the taxonomic name of the aquatic animal, the life stage, and the number being imported, if more than one; and

• (d) the country in which the aquatic animal was born or where the germplasm came from and, in the case of an aquatic animal, whether it was born in captivity or in the wild.

Importation of Carcasses and Offal

195 No person shall import into Canada, except in accordance with a permit issued under section 160

• (a) the carcass or a part of the carcass of a finfish set out in the Susceptible Species of Aquatic Animals List for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis or, if the carcass has not been eviscerated, for any purpose that will produce offal or effluent containing anything from the finfish;

• (b) the carcass or a part of the carcass of a mollusc set out in the Susceptible Species of Aquatic Animals List, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce offal or effluent containing anything from the mollusc;

• (c) the carcass or a part of the carcass of a crustacean set out in the Susceptible Species of Aquatic Animals List, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce offal or effluent containing anything from the crustacean; or

• (d) offal from a finfish, mollusc or crustacean set out in the Susceptible Species of Aquatic Animals List, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce effluent containing anything from that offal.

Preventing the Spread of Diseases of Aquatic Animals

Eradication Areas

196 Each province, each territory, and the territorial sea and contiguous zone of Canada taken together, is established as an eradication area in which

• (a) any finfish, mollusc or crustacean set out in the Susceptible Species of Aquatic Animals List may be inspected, segregated and tested for any disease listed in the schedule to the Reportable Diseases Regulations; and

• (b) disease eradication programs may be instituted for preventing the spread of any disease listed in the schedule to the Reportable Diseases Regulations.

197 Every owner or person having the possession, care or control of an aquatic animal or a thing in an eradication area shall, when requested to do so by a veterinary inspector, by an inspector or by an accredited veterinarian with the approval of a veterinary inspector, permit tests to be conducted on the aquatic animal or the thing for any of the diseases listed in the schedule to the Reportable Diseases Regulations.

• 198 (1) The Minister may declare an eradication area, or a part of one, to be an infected area with respect to any of the diseases of aquatic animals listed in the schedule to the Reportable Diseases Regulations if the disease has been identified in the eradication area, or part of it, and may designate the aquatic animals susceptible to that disease, unless

  • (a) the infected animals and any things that have been exposed to the disease have been treated or disposed of in a manner that satisfies a veterinary inspector that the disease has been eliminated from the eradication area or part of it, and the result of an epidemiological examination satisfies the veterinary inspector in charge of the examination that the disease has been eradicated from the eradication area or part of it; or

  • (b) the animals, things or disease are located in a containment facility.

• (2) The Minister may declare an eradication area, or a part of one, to be a free area with respect to any of the diseases of aquatic animals listed in the schedule to the Reportable Diseases Regulations if he or she is satisfied that

  • (a) the eradication area, or part of it, is free of that disease, based on one or more of the following factors:

    • (i) the amount of time since the disease was last identified in the area or part of it,

    • (ii) the examination of all suspected outbreaks and the decision by the veterinary inspector that the disease is not present,

    • (iii) the actions taken to eradicate the disease, if it was identified, and the success of those actions, based on the factors set out in paragraphs (1)(a) and (b),

    • (iv) the disease detection activities are sufficient to detect the presence of the disease,

    • (v) the measures taken to prevent the introduction of the disease into the eradication area, or part of it, and the ability to enforce those measures,

    • (vi) the physical barriers to the spread of the disease,

    • (vii) any other scientific information relevant to the disease, and

    • (viii) the separation of the free area, or part of it, from any infected area by a buffer area; and

  • (b) disease detection activities sufficient to detect the presence of the disease are maintained while the declaration is in effect.

• (3) The Minister may declare an eradication area, or a part of one, to be a buffer area for any of the diseases listed in the schedule to the Reportable Diseases Regulations if he or she is satisfied that even though the disease has not been detected within the eradication area, or part of it, that area or part of it is at risk of becoming infected, because of its epidemiological relationship to an infected area.

• (4) The Minister may declare an eradication area, or a part of one, to be a provisionally free area for any of the diseases listed in the schedule to the Reportable Diseases Regulations if the eradication area or part of it is not an infected area, free area or buffer area.

• (5) Any declaration under this section shall include a description of the eradication area, or part of it, the name of the disease on which the declaration is based and the list of the species of aquatic animals and carcasses or parts of carcasses of those aquatic animals that are susceptible to that disease.