Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations and the Compensation for Destroyed Animals Regulations: SOR/2019-137

Canada Gazette, Part II, Volume 153, Number 11

Registration

SOR/2019-137 May 13, 2019

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT
HEALTH OF ANIMALS ACT

The Minister of Agriculture and Agri-Food, pursuant to paragraphs 4(1)(a) footnote a, (b) and (b.1) footnote b of the Agriculture and Agri-Food Administrative Monetary Penalties Act footnote c and paragraphs 55(b) footnote d and (c) footnote e of the Health of Animals Act footnote f, makes the annexed Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations and the Compensation for Destroyed Animals Regulations.

Ottawa, May 7, 2019

Marie-Claude Bibeau
Minister of Agriculture and Agri-Food

Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations and the Compensation for Destroyed Animals Regulations

Agriculture and Agri-Food Administrative Monetary Penalties Act

Agriculture and Agri-Food Administrative Monetary Penalties Regulations

1 Item 18 of Division 1 of Part 1 of Schedule 1 to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations footnote 1 is replaced by the following:

Item

Column 1


Provision of Health of Animals Act

Column 2


Short-form Description

Column 3


Classification
18 27(3) Remove from, move within or take into the primary control zone a designated animal or thing without a permit Very serious
18.1 27.1(5) Fail to comply with an order prohibiting or imposing conditions on removing from, moving within or taking into a secondary control zone a designated animal or thing Very serious
18.2 27.6(3) Fail to comply with a notice to treat, dispose of or move a designated animal or thing Very serious

2 Items 124 and 125 of Division 2 of Part 1 of Schedule 1 to the Regulations are replaced by the following:

Item

Column 1

Provision of Health of Animals Regulations

Column 2

Short-form Description

Column 3

Classification

124

76(1)

Move or cause to be moved a Cervidae without the required permit

Very serious

125

76(2)

Receive or possess a Cervidae moved without the required permit

Very serious

3 Items 126, 127 and 141 of Division 2 of Part 1 of Schedule 1 to the Regulations are repealed.

Health of Animals Act

Compensation for Destroyed Animals Regulations

4 The portion of section 2 of the Compensation for Destroyed Animals Regulations footnote 2 before paragraph (a) is replaced by the following:

2 For the purpose of subsection 51(3) of the Act, the amount that is established as the maximum amount with respect to an animal that is destroyed or required to be destroyed under paragraph 27.6(1)(b) or subsection 48(1) of the Act is

5 (1) The portion of paragraph 3(1)(a) of the Regulations before subparagraph (i) is replaced by the following:

(2) The portion of paragraph 3(1)(b) of the Regulations before subparagraph (i) is replaced by the following:

Coming into Force

6 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

As a result of the 2012 changes to the Health of Animals Act (the Act) and corresponding amendments to the Health of Animals Regulations (HAR), consequential amendments are required to both Schedule 1 to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (AAAMPR) and certain provisions of the Compensation for Destroyed Animals Regulations (CDAR). These amendments will align the legislative framework for animal health with respect to zoning.

Without the amendments to the AAAMPR, notices of violations cannot be issued for violations of the zoning provisions that were added to the Act. This would limit the Canadian Food Inspection Agency’s (CFIA) effectiveness in managing the risks associated with federally regulated diseases in animals. Additionally, the amendments are needed to align short-form descriptions of violations to reflect amendments to provisions of the HAR, including provisions that have been repealed.

Without the amendments to the CDAR, compensation for disposal costs cannot be paid to owners in primary or secondary control zones where the animal is ordered destroyed under the Act, and the CDAR would not enable compensation for the cost of disposal of animals ordered destroyed under the zoning provisions of the Act as per the established set maximum amounts for the compensation that may be paid for the destroyed animals. Compensation is an important part of CFIA’s efforts to control or eradicate animal diseases that threaten Canada’s livestock population and it assists in promoting compliance by reducing the economic impact.

Background

CFIA is responsible for regulating and managing the risks associated with federally regulated diseases in animals. There are several infectious reportable animal diseases in specific geographic areas of Canada that presently exist or that could cause a significant outbreak. Some of these diseases can pose significant constraints for a particular livestock or poultry sector due to public health concerns or can result in negative impacts on trade in animals and animal products if not controlled or eradicated. Amendments to the Act were introduced in 2012 to enable the establishment of flexible, geographically defined zones for the purposes of eradicating or controlling a variety of diseases that currently, or could potentially, impact the animal sector.

Amendments to the Act gave the Minister of Agriculture and Agri-Food the authority to use zoning as a tool for animal disease control, where appropriate. The changes to the Act introduced a zoning framework aligned with international guidelines (set by the World Organisation for Animal Health) that creates greater flexibility for the management of a variety of diseases.

Examples where zoning may be an appropriate risk management response include the declaration of zones for the control of a foreign animal disease (e.g. foot and mouth disease in multiple species); or the declaration of zones for the control of domestic diseases (e.g. small hive beetle of bees or equine infectious anemia).

The HAR have been amended to align its provisions with the changes to the Act.

Administrative monetary penalties

A contravention of a provision of the Act or of a provision of regulations made under the Act is considered to be a violation that may be proceeded with under the Act if it is designated in Schedule 1 to the AAAMPR. The Agriculture and Agri-Food Administrative Monetary Penalties Act and the AAAMPR provide for the issuance of notices of violation. These may be issued for contraventions of the Act or HAR and in respect of any refusal or neglect to perform any duty imposed under the Act, if the relevant provisions are designated in Schedule 1 to the AAAMPR.

Compensation

The Act addresses diseases and toxic substances that may affect animals or be transmitted by animals to persons. It also provides that the Minister may compensate for animals ordered destroyed under the Act. Such compensation must be at the market value of the animals and may also include payment for other things destroyed (e.g. semen, embryos or feed) and the costs of disposal. The payment of compensation is governed by the Act and the CDAR.

Compensation is an important part of CFIA’s effort to control or eradicate animal diseases that threaten Canada’s livestock population. Compensation is designed to encourage owners to report disease at the earliest signs, thereby preventing or reducing the spread of disease.

Objectives

These amendments will align the AAAMPR and the CDAR with the zoning elements that were introduced in the Act in 2012.

Description

The amendments to the AAAMPR will

The amendments to the CDAR update the reference to provisions to allow the Minister to grant compensation for the costs of disposal when an animal or thing in a control zone is destroyed under subsection 27.6(1) of the Act as per maximum amounts for the amounts of compensation for the destroyed animals.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this amendment, as there is no change in administrative costs to businesses. The amendments are consequential in nature and do not impose any new requirements.

Small business lens

The small business lens does not apply to this amendment, as there are no costs on small businesses. Disease control or eradication measures are currently undertaken when a foreign animal disease enters Canada. The only change is the legal framework under which these control measures are established and managed.

Consultation

This regulatory amendment constitutes part of CFIA’s response to the Government of Canada Budget 2012 announcements. Budget 2012 included the action plan on regulatory cooperation which discussed zoning for foreign animal diseases. Changes to the Health of Animals Act were one of the measures Canada took to implement this part of the action plan.

The amendments are consequential in nature and are not specific to one disease or any specific stakeholder group. As a result, industry and stakeholders have not been consulted on these specific amendments. However, in 2014, CFIA consulted on options for managing animal diseases, including the use of zoning. These consultations were generally supported by stakeholders, including the National Farmed Animal Health and Welfare Council.

The related amendments to the HAR were prepublished in the Canada Gazette, Part I, Vol. 152, No. 1, on January 6, 2018, for a 30-day public consultation period. Minor comments were received and were addressed.

Rationale

These amendments are consequential in nature. They serve to align both the AAAMPR and the CDAR with changes to the Act and the HAR and will allow a more efficient and effective approach to animal disease controls, which are limited to specific geographic regions of Canada, in accordance with accepted international standards and models.

These regulatory amendments provide CFIA staff (as designated by the Minister of Agriculture and Agri-Food) with the authority to issue notices of violation. They also provide the Minister with authority to order that compensation for disposal costs paid for animals destroyed in accordance with the provisions of the Act that were introduced in 2012 as per maximum amounts. Together, these amendments assist CFIA in managing risks to animal health.

Contact

Dr. Penny Greenwood
National Manager
Domestic Disease Control Section
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario
K1A 0Y9
Telephone: 613‑773‑7433
Fax: 613‑773‑7574
Email: AnimalHealth.Regs@canada.ca