Canada Gazette, Part I, Volume 146, Number 28: Regulations Amending the Health of Animals Regulations

July 14, 2012

Statutory authority

Health of Animals Act

Sponsoring agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue

A disease outbreak among pigs in Canada could negatively affect public health and the economy if that disease were transmitted from pigs to other livestock sectors and to humans. For example, foot-and-mouth disease could be passed from pigs to cattle and sheep. A disease outbreak could also lower tourism revenues in Ontario, Quebec and Manitoba, where most of the hogs are raised, as a result of movement restrictions required to reduce the risk of spreading disease. Canada is one of the largest pork exporters in the world. In 2004, there were 31.7 million hogs marketed in Canada and 8.5 million live animals exported. The value of Canadian pork exports was $2.65 billion in 2011 with $700 million exported to the United States. In the event of a disease outbreak or food safety issue in Canada affecting swine, the lucrative export market for pork products might close.

If such an outbreak were to occur, the CFIA would work to minimize the impact, but such a response would be aided by more immediate access to complete and up-to-date information regarding pig identification, movement and location.

Objectives

The main objectives of the proposed amendments are (a) to reduce the impacts of a disease outbreak or food safety issue resulting from or affecting the pig sector; (b) to better protect public health and animal health; and (c) to support the Canadian pork industry in order to meet international standards to export.

These objectives support the CFIA’s strategic outcomes, including “a safe and accessible food supply and plant and animal resource base,” the Government of Canada’s strategic outcomes, such as “a prosperous Canada through global commerce,” and the Canadian Pork Council’s (CPC) traceability goals “to identify pathways where infected animals have moved, potentially infecting other farms and swine. Animal movement information is used to contain and reduce the spread of highly contagious swine diseases so they can be eliminated” (CPC Web site — Media Release).

Description

Summary

The proposed amendments would introduce a national traceability system to identify all pigs and keep track of the location of all pigs in Canada.

Currently, national animal ID systems are in place for cattle, bison and sheep. Those systems are based on individual identification (by approved tag) of each animal. Animal ID is a component of the traceability system proposed for pigs, but it will not require most pigs to be given an individual ID number. Because most pigs are moved in groups that remain together, the proposed amendments would allow pigs to be identified by groups rather than individual tags in many situations. This is approach will impose less of a burden on producers.

The proposed system for pigs requires reporting on the location and movement of the identified pigs. This extra information will allow the CFIA to react much more quickly in the case of an animal disease outbreak.

With these proposed amendments, pigs would generally be required to be identified with numbers on a tag or tattoo when they are moved. Pigs being transported directly for slaughter would only need to be identified by a slap tattoo indicating the site number on departure. For other types of movements, they may need to be individually identified by tags. The proposal also includes some exceptions to the requirement of identifying each pig, such as when pigs are moved to different physical locations which are on the same farm or which make up part of the same pig operation.

When pigs are transported from one location to another for purposes such as sale, breeding, exhibiting or to be slaughtered, it would be required that both the sender and the recipient of the pigs report the movement of all the pigs identified, within 48 hours, to the administrator of a central national database.

Roles and responsibilities

The administrator is the third party whose main responsibility is the management of livestock identification, movement and location information, reported under the proposed amendments by the regulatees, i.e. those who own or have care and control of the pigs. The administrator would also be responsible for issuing identification numbers for tags (unique to a pig) and for approved slap tattoos, ear tags and ear tattoos (unique to a pig operation).

The provincial governments are responsible for generating and validating premises identification numbers of these pig operations. In the event a location does not have a premises identification number, location identifiers could be allocated by the administrator. The administrator would also register sites (valid and identified premises) as linked according to certain criteria, and maintain the database of information regarding the pigs’ identification numbers, movements and locations among these sites.

The administrator would sign an agreement with the CFIA to administer a national identification program for hogs. Through this agreement, authorized CFIA veterinarians and inspectors would have immediate, online access to the database information, which would include reports on all pigs’ identification, location and movements. The CFIA would use that information to, among other things, verify compliance with the regulatory requirements, to support emergency preparedness and to limit the impact of a sanitary or disease issue by rapidly isolating infected and potentially infected pigs and taking other measures as appropriate. The pig traceability information will also be made available to veterinarians of provincial and territorial governments who signed a traceability data sharing agreement with the CFIA. The management of sanitary issues is a shared responsibility between CFIA, the provinces and territories.

The CPC is expected to become the administrator and is currently managing a voluntary pig traceability program based on the same elements as those of the proposed amendments. If the CPC does not become the administrator under the proposed amendments, the Canadian Cattle Identification Agency (CCIA), which is the national administrator for cattle, sheep and bison, could also act as administrator of the pig traceability information database.

Using the proposed amendments, the CFIA would have the ability to enable a more efficient response to, and control of, a disease outbreak or food safety issue by rapidly determining which pigs or other livestock have been in contact with diseased animals or with contaminated feed.

Voluntary traceability programs do not have full participation. Government intervention to create a mandatory national program would require information from all regulated parties, which would lead to a more complete and accurate database.

For this particular initiative, traceability may be defined as the ability to track the movement of pigs from their farm of origin or import, to their slaughter or export. The proposed amendments would initially apply to all Canadian pig producers and those persons in Canada who have care and control of pigs and, one year after the proposed amendments come into force, to all animals of the genus Sus, including farmed wild boars.

Traceability of live cattle, bison and sheep is already mandatory under Part XV of the Health of Animals Regulations and focuses on animal identification. The proposed traceability system for pigs focuses more on the ability to follow animal movement than individual pig identification, which would not be as cost-effective for pigs as it is with other livestock. Under the proposed amendments, only a small proportion of pigs would need to bear an approved tag.

Pig identification methods

The proposed amendments prescribe four methods of identifying and tracing pigs:

1. Approved tag: The administrator would be responsible for issuing pig identification numbers. Under the proposed amendments, every person who owns or has the possession, care or control of a pig at a departure site would be required to ensure that the pig is identified by an approved tag with an identification number before it is moved from a departure site, other than the exceptions listed below. Under certain circumstances, a tag from a foreign country on an imported pig may be regarded as equivalent.

2. Approved slap tattoo: (Pigs heading to slaughter and export for slaughter) Permanent ink, directly on the skin of the pig displays the numbers that are officially assigned to a producer or barn. A slap tattoo is placed on the shoulder of the pig. Industry practice is to identify pigs with a temporary tattoo placed on the shoulder before they are moved to an assembly yard or abattoir to ensure that producers are paid for the quality and yield of pigs that are sent to slaughter. Under the proposed amendments, the administrator would be responsible for allocating a unique tattoo number to each pig operation or barn where pigs are kept. Every person who owns or has the possession, care or control of a pig at a departure site would be required to ensure that the pig is identified, if not by an approved tag, then by an approved slap tattoo, before it is moved from the site, destined to an abattoir. As the tattoo number can only be read on a hairless carcass, this identification means would only be applicable to pigs for export for immediate slaughter, or moved either directly from a farm or via an assembly yard to an abattoir.

3. Ear tag or ear tattoo: (Pigs for export) Ear tags and ear tattoos are two means of identification currently used for the export of pigs. The identification numbers in this means of identification are not unique to an animal, but relate to a producer or barn.

Under the proposed amendments, as an alternative to an approved tag, an ear tag or ear tattoo would bear an identification number unique to the particular pig operation or barn where the pigs are kept before being exported, rather than a unique individual animal identification number. Ear tattoos would only be applicable to pigs for export for feeding purposes. This identification number would be issued by the administrator.

4. There are two exceptions to identifying each pig individually with an approved tag:

• (a) Reporting within 48 hours

Pigs would not have to be identified individually if two or more pigs (other than pigs being used for breeding purposes) are transported from one site on a farm to another site also belonging to that farm or to another farm. This requires the operator of the departure site to ensure that the pigs are transported with a document containing information on the location of the departure site, the date and time the conveyance left the site, the number of pigs loaded, any identification numbers on any of the pigs, the licence plate number of the conveyance and to report that information within 48 hours to the administrator.

• (b) Moving between sites registered as linked

Pigs other than pigs for breeding purposes would not have to be identified individually if the sites they are being moved between are registered with the administrator as being linked. Linked sites would need to meet certain criteria, including that pigs are moved between those sites at least three times per month. Linked sites would then be subject to the same disease control measures. Operators of sites registered as linked are subject to fewer data reporting requirements for movements of pigs between the linked sites. The operators are still required to report certain information, including identification for all of the conveyances being used to transport pigs between the sites. The proposed amendments would require that records be kept on site and that the total number of pigs moved be reported to the administrator by the tenth day of every month.

Pigs moved within Canada

Pigs for breeding purposes and all pigs sent to sites for which there is not an exception must be identified with an approved tag before leaving the site. Within 48 hours of departure and within 48 hours of reception of a shipment of pigs, the operators of the departure site and the destination site would be required to report

— the identification numbers of every pig that was transported (if applicable);
— the number of pigs transported;
— the number of pig carcasses unloaded;
— the location, time and date of departure;
— the location, time and date of arrival; and
— the identification (licence number or otherwise) of the transport vehicle.

All pigs sent to an assembly yard (a site used exclusively for the purpose of collecting pigs before they are transported to an abattoir) or directly to an abattoir would need to be identified with an identification number on an approved tag or a slap tattoo. The operator of the assembly yard would apply an approved tag to any pig identified only with a slap tattoo that remains at the collection site longer than 96 hours or is sent anywhere other than to an abattoir, because slap tattoos are difficult to read on live animals.

Import of pigs

The proposed amendments prescribe that all imported pigs must bear an approved tag applied either before importation or as soon as the animal reaches its initial destination. Within 48 hours of import, the importer would be required to report the location of the site where the pig was kept before it was imported, the location to which the pig was imported, the date on which the pig was received, the identification number of the pig’s approved tag and the licence plate number or other identification of the conveyance by which the pig was imported.

Under the proposed amendments, an official tag of a foreign country could be recognized as equivalent by the Minister and would not need to be replaced with a Canadian tag if the information related to the tag meets the requirements of the proposed amendment and can be entered and tracked in the administrator’s database.

Export of pigs

Within 48 hours of export, the exporter would be required to report to the administrator the dates that pigs were loaded and the licence plate number or other identification of the conveyance. The exporter would also be required to report the number of pigs loaded on each date, the location of the last sites before export, the number of pigs from each of the departure sites, the number of pigs going to each destination site and the identification numbers of the tags, slap tattoos, ear tags or ear tattoos.

Pig carcasses moved within Canada

In the proposed amendments, the term “carcass” refers to dead stock that is not intended for human consumption. There would be no requirement to identify a pig carcass (or parts thereof). However, the movement of all pig carcasses, even if not identified, would need to be reported. There would be separate, less stringent information reporting requirements for movement of pig carcasses under the proposed amendments.

Regulatory and non-regulatory options considered

1. Status quo (a voluntary, phased-in implementation of a national pig traceability system)

Since 2007, a voluntary, national pig traceability system, similar to the system proposed in these amendments, is being phased in by the CPC. Through this initiative, a nationally unique shoulder slap tattoo number has been allocated to each pig operation (pork producer or pig barn), national tags have been made available to producers, and technology to facilitate pig movement reporting has been developed. However, a voluntary system does not guarantee participation by all pork producers. With potentially incomplete pig identification and movement information being reported, the effectiveness of the traceability system would not be optimized.

2. Amendment of the Health of Animals Regulations to include the introduction of a pig traceability system based on the individual and unique identification of each pig

The cattle, bison and sheep identification programs are based on the principle that an approved tag bearing a unique identification number must be applied to each animal before it leaves its farm of origin. This model was used for cattle, bison and sheep because the cost of the identification tags (approximately one dollar) is low compared to the value of the animals. The other reason each animal is tagged is that management information is kept for each of the animals. These factors are also true for individual pigs, which have been selected for breeding (and is reflected in the proposed amendments), but this model is not used for market pigs as it would be cost-prohibitive.

3. Amendment of the Health of Animals Regulations to include the introduction of a pig traceability system based on the principle of movement reporting — Preferred option

A traceability system based on the principle of movement reporting is the preferred option as the unique identification of each pig would be cost-prohibitive and pigs tend to be transported in groups. Under the proposed amendments, the quality of the movement information being reported would be verified by asking both the sender and receiver to report the same movement. If information from the sender and receiver did not match, the administrator would verify the information. In the case of non-compliance, the administrator would advise the CFIA of that fact and enforcement action might be taken.

This is the preferred option as it would optimize the efficiency and effectiveness of the traceability system and would better protect the livelihood of pork producers, the overall Canadian economy, and the health of Canadians. This option would also limit the environmental impacts of an animal health issue. This option also reflects the position of the Canadian hog sector. The efficiency of a traceability system is highly dependant on the quality, timeliness, completeness and availability of the information being reported by the different parties. Such a goal would not be met under a voluntary system with the information held at each site.

Benefits and costs

Benefits

Some of the benefits of the proposed amendments are unquantifiable because the annual revenue of the pork industry is impossible to predict accurately. Production yields continue to increase, inventory costs are decreasing, and producers are establishing other supply chain efficiencies. Also, the international market is expanding for exports and consumer confidence in domestic products is rising.

Potential quantifiable benefits from the proposed amendments occur where animal disease outbreak costs can be reduced by a traceability system. Estimates from two independent outbreak simulations indicate that the net economic impact of a major animal disease outbreak in Canada would be at least $15.7 billion. If a traceability system were in place at the time of the outbreak, these costs would be reduced by $6.1 billion or more. This represents a conservative estimate, using data from multiple outbreak simulations in Canada and key variable assumptions consistent with academic and industry research. If an outbreak of either classical swine fever (CSF) or foot-and-mouth disease occurred some time during the next 50 years, the net present value of the proposed amendments would be a minimum of $999 million ($81.7 million annualized). One of the most valuable aspects of the proposed amendments is that it would likely help maintain access to international markets for Canadian livestock and meat products. Any international market closures would likely be shortened because the disease spread and the disease itself within Canada could likely be more quickly controlled and it would be clearer which animals had been or may have been exposed to the disease.

The accounting statement that follows is the estimated cost for a potential major outbreak of classical swine fever and the associated trade embargo that would result (estimated to be one year in duration). The benefit values represent the difference in the economic impact of an outbreak controlled quickly with traceability in place compared to an outbreak occurring without traceability in place. The benefits resulting from a traceability system are estimated on an annual gross basis, using a discount of 8% and assuming a 2% annual probability of outbreak over a 50-year period. The cumulative benefit of the proposed amendments would be $1.044 million over 50 years.

Costs

The costs associated with the implementation of a national pig traceability system are based on industry and Government estimates. Government cost estimates are limited to the development of an information database and related training and communication ($1.14 million one-time cost). The proposed database would receive the pig traceability information reported by the regulated parties.

The cost to industry (operators and producers) includes animal identification tags (for pigs selected for breeding, and for pigs sent to auctions, fairs and test stations), materials and related expenses ($3.18 million annually). This includes costs to the administrator of $1 million annually for the maintenance of a call centre and for communication activities.

Exhibit 1: Cost-benefit statement (see footnote 1)

Costs, benefits and distribution		Base Year t0 (2011)	t1 First Year (see footnote 2) (2012)	t50 Final Year (see footnote 3) (2061)	Total Present Value	Annualized Present Value
A. Quantified impacts by stakeholder (in millions of dollars)
Benefits	Stakeholder
Farm expenditures	Producers		4.81	0.11	63.56	5.20
Net farm income	Producers		6.84	0.16	90.33	7.38
Processing sector	Operators		21.85	0.50	288.66	23.60
Food retailing (see footnote 4)	Operators		-0.12	0.00	-1.60	-0.13
Indirect/ spillover	Economy-wide		45.64	1.05	603.03	49.29
Total benefits			79.02	1.82	1,043.97	85.34
Costs	Stakeholder
Database development and maintenance	Government	1.14	0.26	0.01	4.63	0.38
Compliance verification	Government		0.12	0.00	1.53	0.13
Animal identification and movement	Producers/ operators		3.03	0.04	26.66	2.18
Administrative	Producers/ operators		0.93	0.02	12.23	1.00
Total costs		1.14	4.34	0.07	45.05	3.68
Net benefits					998.92	81.65
B. Quantified impacts in non-dollars (not applicable to this analysis)
C. Qualitative impacts
Positive impacts		Stakeholders impacted
International market share expansion		Exporters primarily
Consumer confidence in domestic products		Retailers, but benefits may spread throughout the supply chain
Price premiums for traceable products		Retailers, but benefits may spread throughout the supply chain
Inventory cost minimization		All supply chain stages
Production yield increases		Production and processing stages
Supply chain efficiencies		All supply chain stages
Improved control of product-related diseases		Government cost reductions, public health
Lower costs for compensation/recovery		Government
Sustainability of a greater number of farms/operations		All supply chain stages and residents/citizens (cultural identity)

Source: Benefit estimates based on P. Charlebois and P. Pérusse, 2004.

Consultation

Since 2005, the CFIA has engaged in regular communications and meetings with the CPC and smaller industry associations concerning a proposed traceability system and the proposed requirements and practical considerations related to the operation and enforcement of the program.

The CPC undertook the development of a national pig traceability strategy in 2004 following the foot-and-mouth disease outbreak in the United Kingdom. A CPC Traceability Committee, comprised of representatives from the provincial CPC members, swine breeders, abattoirs, farmed wild boar organizations, Agriculture and Agri-Food Canada (AAFC) and the CFIA, supported the development of a traceability program and policies. Guidelines for the proposed traceability system were drafted based on the results of a national pilot study conducted in 2005.

Two national consultations were held on the proposed pig traceability system in 2005: one with the provincial pork producer associations; the other with producers, abattoirs and auction marts. The CPC engaged in discussions with the CFIA from 2005 to 2007 and on a weekly basis throughout the fall of 2009. The CPC Traceability Committee carefully considered the practicality of the proposed requirements, and the ability of industry to comply with the regulation. Starting in 2007, the CPC and its provincial members phased in a voluntary implementation of components of the traceability system described in the proposed amendments. The activities have been supported with communications intended to raise producer awareness and gain support. The components phased in to date (i.e. national tags being made available, premises identification, movement reporting) have been non-controversial and have not required any significant changes on the part of producers. There was general support for the proposed system during the consultations.

The costs to producers for tags and levies, along with the requirement for stakeholders to report information, may weaken the support for the proposal from some producers, despite the fact that stakeholders were comprehensively consulted on all issues, including costs. However, support from industry leaders remains high and there is a growing number of pig producers voluntarily participating in the initiative.

The CFIA had bilateral consultations with the Government of Alberta to ensure consistency between the proposed provincial and federal pig traceability amendments. All provinces and organizations consulted are supportive of the proposed federal amendments.

Selected option and cooperation

Canada’s Traceability Industry-Government Advisory Committee (IGAC) was established in September 2006 to guide the development of a national livestock traceability system. The Committee consists of official representatives from each of the national industry associations, traceability service providers, provincial and territorial departments of agriculture, the CFIA and AAFC. Under the aegis of the IGAC, performance targets for traceability systems have been agreed to in principle.

The targets consist of the following: within 48 hours of the relevant chief veterinary officer or competent authority being notified of an actual sanitary issue or natural disaster or in the prevention or preparedness of such issue, it must be possible to

1. Establish the location(s) where a specified animal has been kept during its life.
2. Establish the location(s) from which animals at a given site were received.
3. Establish a listing of all animals that have been kept at the same location as the specified animal at any stage during those animals’ lives.
4. Determine the current location of all animals that have been kept on the same site as the specified animal at any time during those animals’ lives.
5. Determine the identification number and movement history of all conveyances used to transport animals to and from a given location.
6. Establish the location of a specified animal immediately prior to importation into Canada or the location of a specified animal immediately subsequent to exportation from Canada.
7. Establish the location and date at which deceased animals were sent, transported, received and disposed of (both on- site and off-site), and a listing of those animals, if identified individually.

These performance targets are in line with those developed by the International Organization for Standardization (ISO) and the World Organisation for Animal Health (OIE). These proposed amendments would put the CFIA in a position to be able to meet these standards.

The proposed amendments are compatible with the pig traceability regulations adopted by the Government of Alberta in 2011.

Implementation, enforcement and service standards

A central database which would receive the pig traceability information has been developed. An administrator would be appointed subject to the proposed amendments and would be required to collect, manage and protect the information to be reported in compliance with the Privacy Act. In order to facilitate implementation of the data collection process for this program, it is anticipated that software already used by pork producers would be modified to support the new regulatory requirements and, in addition, new data reporting tools would be developed and made available. A communications campaign and support would be provided to move the regulated parties from voluntary to mandatory compliance.

Implementation of the proposed amendments would be financially supported through the FPT policy frameworks, such as Growing Forward, currently in place until 2013–14, and contributions from pork producers through their provincial organizations.

In order to monitor compliance with the proposed amendments, CFIA inspectors would conduct compliance verification activities through on-site inspections and review of on-site records and the information recorded in the traceability database. Automated data quality controls would also be built into the database to support verification activities.

Canadian Food Inspection Agency resources already dedicated to compliance verification for cattle, sheep and bison traceability requirements would be used to verify compliance for the pig traceability program. Training on the new regulatory requirements for pig traceability would be provided to inspectors.

Following the proposed amendments coming into force, producer education would be the key objective for a period of time.

Performance measurement and evaluation

Measuring the performance of regulatory activities to ensure they continually meet their initial objectives is an important responsibility for the CFIA. With respect to the proposed amendments, the evaluation and reporting of performance will take place via assessment activities performed for the Livestock Identification and Traceability Program developed under Part XV of the Health of Animals Regulations. This section outlines the summary of the PMEP and assessments required to track performance of the proposed amendments.

A detailed PMEP has been developed for the proposed amendments and will be available from the CFIA after the publication of the amendments in the Canada Gazette, Part Ⅱ. The PMEP conforms to Treasury Board directives and includes a comprehensive logic model and key performance indicators (KPIs) for the proposed Regulations.

Performance of the proposed amendments will be measured through these KPIs that reflect the activities and the anticipated outcomes that will be undertaken by the Government and regulated parties. These indicators will be evaluated on a scheduled basis to assess how the anticipated outcomes have been achieved.

A full logic model for this regulatory package will serve to track the implementation performance of the proposed amendments. The following four key activities will result in the successful implementation of the proposed pig identification system:

1. Develop and administer amendments, programs and related policies.
2. Support the development of traceability information management systems and processes.
3. Conduct external outreach and internal training.
4. Conduct inspections, compliance verification and investigations, and carry out enforcement actions.

The PMEP intermediate outcomes for the proposed amendments include the following:

• International markets are aware of Canada’s regulatory requirements for pig traceability;
• Database and data management meet Government of Canada requirements;
• Regulated parties are aware of their obligations;
• Authorized users have access to pig traceability information;
• International markets are accessible to Canadian pigs and pork products;
• Traceability data is complete, accurate and up to date; and
• Informed decisions to manage and mitigate risks are made by Federal/Provincial/Territorial veterinarians, scientists and decision makers.

In consultation with CFIA’s Corporate Management Branch, we have confirmed that the PMEP outcomes contribute and link to the CFIA performance activity architecture in the following expected results:

• PA1: Risks to the Canadian public associated with the food supply system are mitigated;
• PA2: Risks to Canadians from the transmission of animal diseases to humans are minimized;
• PA2: Risks to the Canadian animal resource base are mitigated;
• PA2: Domestic and imported animals are compliant with Canadian regulations and international agreements; and
• PA4: International markets are accessible to Canadian food, animals, plants and their products.

We can also confirm that the amendments contribute to the strategic outcome of the Agency, which is “a safe and accessible food supply and plant and animal resource base.” The proposed amendments also contribute to the Government of Canada’s strategic objectives, which are

• a fair and secure marketplace;
• healthy Canadians;
• a prosperous Canada through global commerce; and
• a transparent, accountable and responsive federal government.

The CFIA’s Livestock Identification and Traceability Program will be considered for evaluation as part of CFIA’s risk-based evaluation planning. The national animal identification program for cattle, bison and sheep (currently in place under Part XV of the Health of Animals Regulations) and, the proposed animal identification and movement reporting program for pigs will be included as part of an overall evaluation of the Livestock Identification and Traceability Program. It is expected that the pig identification system evaluation will be conducted in 2015. The evaluation framework will be developed by CFIA’s Evaluation Directorate, Audit, Evaluation and Risk Oversight Branch. In accordance with the Treasury Board Policy on Evaluation, the following five key issues will be addressed:

Relevance

1. Continued need for the program
2. Alignment with government priorities
3. Alignment with federal roles and responsibilities

Performance

4. Achievement of expected outcomes
5. Demonstration of efficiency and economy

Contact

Éric Aubin, MSc
National Manager of Animal Identification Programs
Traceability Group
Program Policy Integration Division
Canadian Food Inspection Agency
1400 Merivale Road
Ottawa, Ontario
K1A 0Y9
Telephone: 613-773-6173
Fax: 613-773-5959
Email: trace.consultation@inspection.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 64(1) (see footnote a) of the Health of Animals Act (see footnote b), proposes to make the annexed Regulations Amending the Health of Animals Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be sent to Éric Aubin, Acting National Manager, Identification and Traceability, Program Policy Integration Division, Canadian Food Inspection Agency, 1400 Merivale Road, Ottawa, Ontario K1A 0Y9 (tel.: 613-773-6173; fax: 613-773-5959; email: trace.consultation@inspection.gc.ca).

Ottawa, June 19, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE HEALTH OF ANIMALS REGULATIONS

AMENDMENTS

1. Section 2 of the Health of Animals Regulations (see footnote 5) is amended by adding the following in alphabetical order:

“abattoir” includes a mobile abattoir; (abattoir)

2. (1) The definition “administrator” in section 172 of the Regulations is repealed.

(2) The definitions “animal” and “approved tag” in section 172 of the Regulations are replaced by the following:

“animal” means a bison, bovine, ovine or pig. (animal)

“approved tag” means a tag, chip or other indicator approved by the Minister under subsection 173(1) and listed on the Agency’s web site as an approved tag. (étiquette approuvée)

(3) Section 172 of the Regulations is amended by adding the following in alphabetical order:

“approved slap tattoo” means a slap tattoo bearing an identification number issued by the responsible administrator in respect of a site under subsection 174(1.1). (tatouage au marteau approuvé)

“pig” means an animal, other than an embryo or a fertilized egg, of the species domestica or scrofa domestica of the genus Sus. (porc)

“responsible administrator” means a person listed on the Agency’s web site as an administrator and who administers a national identification program in relation to certain animals of all or part of one or more genera, species or subspecies that are located in one or more provinces. (administrateur responsable)

(4) The definition “pig” in subsection 172(1) of the Regulations is replaced by the following:

“pig” means an animal, other than an embryo or a fertilized egg, of the genus Sus. (porc)

(5) Section 172 of the Regulations is renumbered as subsection 172(1) and is amended by adding the following:

(2) In this Part, other than in subsection 175.1(2), paragraph 186(1)(a) and subsection 186(2), any reference to the carcass of an animal or to a part of the carcass of an animal does not include any part of the carcass that is intended for human consumption.

3. The Regulations are amended by adding the following after section 172:

REGISTRATION OF LINKED SITES

172.1 (1) On application from the operators of two sites where pigs are kept, the responsible administrator shall register the two sites as being linked with each other for the purposes of this Part for a period of six months if

• (a) pigs are bred, born or raised for meat or breeding purposes at each site;
• (b) the sites and all sites having linked health status with either of them are all located in only one of the following parts of Canada:
  
  • (i) the eastern part of Canada that includes Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador, or
  • (ii) the western part of Canada that includes Manitoba, British Columbia, Saskatchewan, Alberta, Yukon, Northwest Territories and Nunavut;
• (c) pigs are transported between the sites at least three times per month;
• (d) the operators of the sites have reported to the responsible administrator information identifying all of the conveyances being used to transport pigs between the sites and all movements of pigs between the sites are made exclusively by those conveyances; and
• (e) in the case where the sites were not registered as being linked with each other for the purposes of this Part during the three-month period before the application, the operators of the sites have reported each transport of pigs between the sites to the responsible administrator for that three-month period and the reports of each operator are consistent with those of the other.

(2) If by the end of the 10th day of any month in the six-month period for which two sites are registered as being linked the operators of the two sites have not reported to the responsible administrator the total number of pigs that were transported between the sites during the preceding month, the registration in respect of the two sites being linked shall be cancelled at the end of that day for the remainder of the six-month period.

(3) For the purpose of this section, two sites have linked health status with each other if

• (a) the two sites are registered under subsection (1) as being linked with each other or have been registered under that subsection as being linked with each other at any time in the preceding six months; or
• (b) one of the two sites, at any time in the preceding six months, is considered to have had linked health status under this section with another site that, at any time in those six months, is considered to have had linked health status under this section with the other of the two sites.

4. Subsection 174(1) of the Regulations is replaced by the following:

174. (1) At the request of the operator of a site where animals are kept, the responsible administrator may issue approved tags or cause them to be issued for the purpose of identifying animals on that site.

(1.1) At the request of the operator of a site where pigs are kept, the responsible administrator may issue an identification number in respect of that site or cause one to be issued for the purpose of being applied by

• (a) approved slap tattoos to pigs from that site that are destined for immediate slaughter;
• (b) ear tattoos or ear tags to pigs from that site that are exported for feeding purposes; and
• (c) approved slap tattoos or ear tags to pigs from that site that are destined for export and immediate slaughter.

5. The heading before section 175 of the Regulations is replaced by the following:

IDENTIFICATION REQUIREMENTS

6. (1) Subsection 175(1) of the Regulations is replaced by the following:

175. (1) Except as otherwise provided in this Part, every person who owns or has the possession, care or control of a bison, bovine or ovine or of the carcass of a bison, bovine or ovine shall ensure that it is identified by an approved tag that is applied to it before it is removed from its farm of origin.

(2) Subsection 175(2) of the Regulations is replaced by the following:

(2) Except as otherwise provided in this Part, every person who owns or has the possession, care or control of a bison, bovine or ovine or of the carcass of a bison, bovine or ovine shall ensure that it bears the approved tag referred to in subsection (1) at all times after it is removed from its farm of origin.

(3) Every person who owns or has the possession, care or control of a pig to which an approved tag has been applied shall ensure that it bears the approved tag until it is identified in some other manner provided for under these Regulations.

(4) Every person who applies or causes the application of an approved slap tattoo, ear tag or ear tattoo to a pig shall ensure that the identification number on the approved slap tattoo, ear tag or ear tattoo is the one that was issued under subsection 174(1.1) in respect of the site at which the pig is being kept at the time of identification.

7. The Regulations are amended by adding the following after section 175:

175.01 (1) Except as otherwise provided in this section, every person who owns or has the possession, care or control of a pig at any site shall ensure that it is identified by an approved tag that is applied to it before it is removed from the site.

(2) Subsection (1) does not apply when two or more pigs, other than pigs that have been used for breeding purposes, are transported from one site on a farm to another non-contiguous site on that farm or to a site on another farm if

• (a) the operator of the departure site ensures that the pigs being transported are accompanied with the following information in a form that can be immediately read by an inspector:
  
  • (i) the location of the departure site and the location of the destination site,
  • (ii) the date and time that the conveyance carrying the pigs left the departure site,
  • (iii) the number of pigs loaded onto the conveyance,
  • (iv) the identification number on any approved tag applied to the pigs, and
  • (v) the licence plate number or, if there is no licence plate, other identification of the conveyance; and
• (b) the operator of the departure site reports that information to the responsible administrator within 48 hours after the departure of the pigs; and
• (c) the operator of the destination site, within 48 hours after the pigs’ reception, reports the following information to the responsible administrator:
  
  • (i) the location of the departure site and the location of the destination site,
  • (ii) the date and time that the conveyance carrying the pigs arrived at the destination site,
  • (iii) the number of pigs and pig carcasses that arrived at the destination site,
  • (iv) the identification number on any approved tag applied to the pigs, and
  • (v) the licence plate number or, if there is no licence plate, other identification of the conveyance.

(3) The reporting requirements set out in paragraphs (2)(b) and (c) do not apply if at the time of the transportation the departure site and the destination site are registered as being linked with each other under section 172.1.

(4) If a pig is transported directly from any site to any other site that is an abattoir or that is used exclusively for the purpose of collecting pigs before they are transported to an abattoir, every person who owns or has the possession, care or control of the pig at the departure site shall ensure that it is identified by an approved tag or an approved slap tattoo before it is moved from that site.

(5) The operator of a site that is used for the purpose of collecting pigs before transport shall apply an approved tag to any pig that remains at the collection site for longer than 96 hours or that is sent anywhere other than to an abattoir.

(6) Every person who exports a pig shall ensure that it has applied to it

• (a) if it is being exported for immediate slaughter, an approved slap tattoo, approved tag or ear tag;
• (b) if it is being exported for feeding purposes, an ear tag or ear tattoo bearing the identification number issued by the responsible administrator under paragraph 174(1.1)(b); and
• (c) in any other case, an approved tag as required under subsection (1).

(7) Every person who owns or has the possession, care or control of a pig carcass or part of a pig carcass that is transported from any site to any other site shall ensure that the carcass or the part is accompanied with the following information in a form that can be immediately read by an inspector:

• (a) the location of the departure site and the location of the destination site;
• (b) the date and time that the conveyance carrying the carcass or the part left the departure site; and
• (c) the licence plate number or, if there is no licence plate, other identification of the conveyance.

8. The heading before section 175.1 of the Regulations is replaced by the following:

RECORD-KEEPING AND INFORMATION REPORTING REQUIREMENTS

9. (1) The portion of subsection 175.1(1) of the Regulations before paragraph (a) is replaced by the following:

175.1 (1) Subject to subsection (2), the operator of a farm of origin or of another place who removes or causes the removal of an ovine when it is 18 months of age or older from the farm of origin or from the other place shall keep a record of

(2) The portion of subsection 175.1(3) of the Regulations before paragraph (a) is replaced by the following:

(3) The operator of a farm of origin or of another place who receives or causes the reception of an ovine for breeding purposes shall keep a record of

(3) Paragraph 175.1(3)(c) of the Regulations is replaced by the following:

• (c) the name and address of the owner or person who had the possession, care or control of the ovine at the place from which it was removed.

10. The Regulations are amended by adding the following after section 175.1:

175.2 (1) Every person who operates a site where an approved tag is applied to a pig shall report the following information to the responsible administrator:

• (a) the identification number on the approved tag; and
• (b) the location of the site at which the approved tag was applied to the pig.

(2) The information referred to in subsection (1) shall be reported within 48 hours after the pig is transported from the site at which it is kept to another site.

(3) If a pig that is required under subsection 175.01(1) to be identified by an approved tag is transported from one site to another, the operator of the departure site, within 48 hours after the pig’s departure, and the operator of the destination site, within 48 hours after the pig’s reception, shall report the following information to the responsible administrator:

• (a) the location of the departure site and the location of the destination site;
• (b) in the case of the operator of the departure site, the date and time that the conveyance carrying the pig left the departure site and, in the case of the operator of the destination site, the date and time that the conveyance arrived at the destination site;
• (c) the identification number on the approved tag; and
• (d) the licence plate number or, if there is no licence plate, other identification of the conveyance.

(4) If pigs are transported directly from a site to an abattoir, the operator of the departure site, within 48 hours after the departure of the pigs, and the operator of the abattoir, within 48 hours after the reception of the pigs, shall report the following information to the responsible administrator:

• (a) the location of the departure site and the location of the abattoir;
• (b) in the case of the operator of the departure site, the date and time that the conveyance carrying the pigs left the departure site and, in the case of the operator of the abattoir, the date and time that the conveyance arrived at the abattoir;
• (c) in the case of the operator of the departure site, the number of pigs loaded onto the conveyance and, in the case of the operator of the abattoir, the number of pigs and pig carcasses that arrived at the abattoir;
• (d) the identification numbers on the approved tags or the approved slap tattoos applied to the pigs; and
• (e) the licence plate number or, if there is no licence plate, other identification of the conveyance.

(5) If pigs are transported directly from any site to any other site that is used exclusively for the purpose of collecting pigs before they are transported to an abattoir, the operator of the departure site, within 48 hours after the departure of the pigs, and the operator of the destination site, within 48 hours after the reception of the pigs, shall report the following information to the responsible administrator:

• (a) the location of the departure site and the location of the destination site;
• (b) in the case of the operator of the departure site, the date and time that the conveyance carrying the pigs left the departure site and, in the case of the operator of the destination site, the date and time that the conveyance arrived at the destination site;
• (c) in the case of the operator of the departure site, the number of pigs loaded onto the conveyance and, in the case of the operator of the destination site, the number of pigs and pig carcasses that arrived at the destination site;
• (d) the identification numbers on the approved tags or the approved slap tattoos applied to the pigs; and
• (e) the licence plate number or, if there is no licence plate, other identification of the conveyance.

(6) The operator of the departure site referred to in subsection (5) shall provide the identification numbers on the approved slap tattoos to the operator of the destination site referred to in that subsection at the latest by the time the pigs arrive at the destination site.

(7) If pigs are transported directly to an abattoir from a site that is used exclusively for the purpose of collecting pigs before they are transported to an abattoir, the operator of the departure site, within 48 hours after the departure of the pigs, and the operator of the abattoir, within 48 hours after the reception of the pigs, shall report the following information to the responsible administrator:

• (a) the location of the departure site and the location of the abattoir;
• (b) in the case of the operator of the departure site, the date and time that the conveyance carrying the pigs left the departure site and, in the case of the operator of the abattoir, the date and time that the conveyance arrived at the abattoir;
• (c) in the case of the operator of the departure site, the number of pigs loaded onto the conveyance and, in the case of the operator of the abattoir, the number of pigs and pig carcasses that arrived at the abattoir;
• (d) in the case of the operator of the abattoir, the identification numbers on the approved tags or the approved slap tattoos applied to the pigs; and
• (e) the licence plate number or, if there is no licence plate, other identification of the conveyance.

(8) If a pig carcass or part of a pig carcass is transported from any site to any other site, the operator of the departure site, within 48 hours after the departure of the carcass or the part, and the operator of the destination site, within 48 hours after the reception of the carcass or the part, shall report the following information to the responsible administrator:

• (a) the location of the departure site and either the name of the operator of the destination site or the location of the destination site;
• (b) in the case of the operator of the departure site, the date that the conveyance carrying the carcass or the part left the departure site and, in the case of the operator of the destination site, the date that the conveyance arrived at the destination site; and
• (c) in the case of the operator of the destination site, the licence plate number or, if there is no licence plate, other identification of the conveyance.

(9) Every person who exports a pig shall within 48 hours after the exportation report to the responsible administrator the identification number that was on the tag, approved tag, tattoo or approved slap tattoo that was applied to the pig under subsection 175.01(6).

175.3 Every person who is required under this Part to report information in respect of a pig, pig carcass or part of a pig carcass shall maintain a record of that information for five years.

175.4 If pigs are transported as described in subsection 175.01(2) between two sites that are registered as being linked with each other, the operator of the departure site and the operator of the destination site shall maintain a record of the following information for five years after the departure of the pigs:

• (a) the location of the departure site and the location of the destination site;
• (b) in the case of the operator of the departure site, the date and time that the conveyance carrying the pigs left the departure site and, in the case of the operator of the destination site, the date and time that the conveyance arrived at the destination site;
• (c) in the case of the operator of the departure site, the number of pigs loaded onto the conveyance and, in the case of the operator of the destination site, the number of pigs and pig carcasses that arrived at the destination site;
• (d) the identification numbers on the approved tags applied to the pigs; and
• (e) the licence plate number or, if there is no licence plate, other identification of the conveyance.

11. Sections 176 and 177 of the Regulations are replaced by the following:

176. Subject to section 183, no person shall remove or cause the removal of a bison, bovine or ovine or the carcass of a bison, bovine or ovine from its farm of origin or from any other farm or ranch unless it bears an approved tag that has been applied to it under section 175.

176.1 No person shall remove or cause the removal of a pig from the site at which it is kept unless the pig bears an approved tag or an approved slap tattoo that has been applied to it under section 175.01 or the pig is otherwise identified under that section.

177. (1) Subject to section 183 and subsection 184(2), no person shall transport or cause the transportation of a bison, bovine or ovine or the carcass of a bison, bovine or ovine that does not bear an approved tag.

(2) Subject to section 183 and subsection 184(2), no person shall receive or cause the reception of a bison, bovine or ovine or the carcass of a bison, bovine or ovine that does not bear an approved tag.

177.1 (1) Subject to subsection 184(2), no person shall transport, cause the transportation of, receive or cause the reception of a pig unless the pig bears an approved tag or an approved slap tattoo that has been applied to it under section 175.01 or the pig is otherwise identified under that section.

(2) Subsection (1) does not apply to the transportation of pigs referred to in subsection 175.01(2) if the pigs are accompanied with the information referred to in paragraph 175.01(2)(a) in a form that can be immediately read by an inspector.

(3) Subsection (1) does not apply to the reception of pigs that are transported as described in subsection 175.01(2) if

• (a) at the time of the transportation, the departure site and the destination site are registered as being linked with each other; or
• (b) the operator of the destination site reports the following information to the responsible administrator within 48 hours after the reception of the pigs:
  
  • (i) the location of the departure site and the location of the destination site,
  • (ii) the date and time that the conveyance carrying the pigs arrived at the destination site,
  • (iii) the number of pigs and pig carcasses that arrived at the destination site,
  • (iv) the identification number on any approved tag applied to the pigs, and
  • (v) the licence plate number or, if there is no licence plate, other identification of the conveyance.

12. Subsection 178(1) of the Regulations is replaced by the following:

178. (1) Subject to section 183, no person shall apply or cause the application of an approved tag issued under subsection 174(1) to an animal or the carcass of an animal that is not on the farm or ranch in respect of which the approved tag was issued.

(1.1) No person shall apply to a pig an ear tag, ear tattoo or approved slap tattoo that bears an identification number issued by a responsible administrator in respect of a site where pigs are kept unless the pig is on that site.

13. The Regulations are amended by adding the following after section 180:

180.1 No person shall apply, or cause the application of, an approved tag to an animal or the carcass of an animal that is not listed in the definition “animal” in section 172.

14. Section 183 of the Regulations is replaced by the following:

183. (1) A bison or a bovine may be transported from its farm of origin without having an approved tag applied to it to a site for the purpose of having an approved tag applied to it at that site if

• (a) the name and address of the site is on the list that sets out tagging sites approved by the responsible administrator and is published on that administrator’s web site; and
• (b) an approved tag issued to the farm of origin under subsection 174(1) will be supplied, along with the bison or bovine, by the operator of the farm of origin or, through a prior arrangement with the manager of the tagging site, will be issued and applied to the bison or bovine at the tagging site.

(2) The manager of a tagging site shall

• (a) ensure that the bison or bovine is not mixed with any other person’s animals that do not bear approved tags;
• (b) ensure that the approved tag is applied to the bison or bovine immediately after it arrives at the site; and
• (c) keep records, and make them available on request to the responsible administrator, of enough information about the bison or bovines received at the site to enable their origin to be traced, including
  
  • (i) the names and addresses of the owners or persons having the possession, care or control of the animals before the transportation of the animals to the site,
  • (ii) the dates of the arrival of the animals at the site, and
  • (iii) the identification numbers on the approved tags applied to the animals and the dates of the application of those tags to the animals.

(3) The responsible administrator shall approve a site for inclusion on the list of approved tagging sites, on application from the manager of the site, if the following criteria are met:

• (a) the manager has stated in writing that they understand the requirements of subsection (2); and
• (b) the equipment and facilities at the site are adequate to enable the application of an approved tag to a bison or bovine without endangering its safety or the safety of the personnel at the site.

(4) If the manager of a tagging site does not comply with subsection (2) or the criterion in paragraph (3)(b) is no longer met, the responsible administrator shall remove the name and address of the tagging site from the list of approved tagging sites if

• (a) the responsible administrator has caused to be delivered to the manager of the tagging site a notice that
  
  • (i) describes the non-compliance, and
  • (ii) specifies the period within which the manager may rectify the non-compliance;
• (b) the person has not rectified the non-compliance within the period specified in the notice; and
• (c) the person has been given an opportunity to be heard in respect of the proposed removal.

(5) If the responsible administrator removes the name and address of the tagging site from the list, that administrator shall, without delay,

• (a) notify the manager of the tagging site that the name and address have been removed from the list; and
• (b) cause a notice of the removal to be published in a newspaper of general circulation in the community where the site is located.

(6) If the name and address of a tagging site have been removed from the list, the manager of the site may reapply under subsection (3) to have the site approved as a tagging site.

15. Subsection 184(1) of the Regulations is replaced by the following:

184. (1) Subject to subsections (2) and (3), if an animal that is required to bear an approved tag does not bear an approved tag, bears an approved tag that has been revoked or loses its approved tag, the person who owns or has the possession, care or control of the animal shall immediately apply a new approved tag to it.

16. (1) Subsection 186(3) of the Regulations is replaced by the following:

(3) If an animal bearing an approved tag or an approved tag that has been revoked is slaughtered or otherwise dies on a farm or ranch, the operator of the farm or ranch shall keep a record of the slaughter or death of the animal and the identification number on its tag.

(2) Subsection 186(5) of the Regulations is repealed.

17. Section 187 of the Regulations is replaced by the following:

187. (1) Every person, including a renderer, dead stock operator, post-mortem laboratory official and veterinarian, who disposes of the carcass of a bison, bovine or ovine bearing an approved tag or an approved tag that has been revoked

• (a) may remove the tag from the carcass; and
• (b) shall report the identification number on the tag to the responsible administrator within 30 days after disposing of the carcass.

(2) Every person, including a renderer, dead stock operator, post-mortem laboratory official and veterinarian, who disposes of the carcass of a bison, bovine or ovine not bearing an approved tag anywhere but on the farm or ranch where the animal died shall

• (a) collect enough information about the carcass to enable the origin to be traced, including, if it is known by that person,
  
  • (i) the farm or ranch or other place from which the carcass was removed and the date when the carcass was removed from that place, and
  • (ii) the name and address of the owner or person having the possession, care or control of the carcass when it was removed from that place; and
• (b) report that information to the responsible administrator within 30 days after disposing of the carcass.

(3) If an organization that manages an animal identification system receives the information referred to in paragraph (1)(b) or (2)(a), it shall report that information to the responsible administrator within 30 days after receiving it.

18. Section 188 of the Regulations is replaced by the following:

188. (1) Every person who exports a bison or bovine shall report the identification number on the animal’s approved tag to the responsible administrator within 30 days after the exportation.

(2) Every person who exports pigs shall report the following information to the responsible administrator within 48 hours after the exportation:

• (a) the locations of the last sites on which the pigs were kept before they were exported and the number of pigs that were from each of those sites;
• (b) the locations to which the pigs were exported and the number of pigs that were exported to each of those locations;
• (c) the dates on which the pigs were loaded onto the conveyance by which they were exported and the number of pigs that were loaded on each of those dates;
• (d) except in the case of cull breeding pigs that are exported for immediate slaughter from a site that is used exclusively for the purpose of collecting pigs before they are transported to an abattoir, the identification numbers on the ear tags, ear tattoos, approved tags or approved slap tattoos that have been applied to the pigs and that identify the last sites at which they were kept before they were exported and the number of pigs bearing each of those identification numbers; and
• (e) the licence plate number or, if there is no licence plate, other identification of the conveyance.

19. (1) Subsection 189(1) of the Regulations is replaced by the following:

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 portion of subsection 189(2) of the Regulations before paragraph (a) is replaced by the following:

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

(3) Subsection 189(2) of the Regulations is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

• (d) if a pig is being imported, within 48 hours after importation.

(4) Subsections 189(3) and (4) of the Regulations are replaced by the following:

(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 official tag of its country of origin if the Minister determines that the tag meets the criteria set out in subsection 173(2) and that the identification number on the tag can be entered and tracked in the responsible administrator’s database.

(5) For the purposes of subsection 175(3) and sections 175.01, 175.1, 176 to 177.1, 179 to 181 and 186 to 188, if an imported animal bears an official tag of its country of origin and the Minister determines that the tag meets the criteria set out in subsection 173(2) and that the identification number on the tag can be entered and tracked in the responsible administrator’s database, the tag is deemed to be an approved tag that was issued and applied to the animal in accordance with this Part.

20. The Regulations are amended by adding the following after section 189:

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 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.

COMING INTO FORCE

21. (1) These Regulations, except subsection 2(4), come into force on the day on which they are registered.

(2) Subsection 2(4) comes into force 12 months after the day on which these Regulations are registered.

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