"release" means any discharge or emission of a veterinary biologic into the environment. (dissémination) SOR/97-8, s. 2; SOR/2002-438, ss. 9(F), 18(F).

120.2 (1) In this section, "organism" includes a part or product of an organism.

(2) Sections 120.3 to 120.6 do not apply in respect of

(a) a veterinary biologic

(i) in respect of which a product licence has been issued, or

(ii) that contains only organisms that are

(A) the same as organisms contained in a veterinary biologic referred to in subparagraph (i), or

(B) of a species that is substantially equivalent to a species of organisms contained in a veterinary biologic referred to in subparagraph (i), in terms of pathogenicity, host specificity, potential impact on non-target organisms, on biodiversity and on biogeochemical cycles, mode of action, persistence and dispersal in the environment and gene flow; and

(b) the release of a veterinary biologic, that contains organisms, under containment or in accordance with confinement procedures in a manner that prevents the dissemination of any genetic material from the veterinary biologic into the environment. SOR/97-8, s. 2; SOR/2002-438, s. 18(F).

120.3 (1) Subject to subsection (2), no person shall release a veterinary biologic unless the person

(a) submits an application for a permit for the proposed release to the Minister, accompanied by sufficient information, including the information referred to in section 120.4, to enable the Minister to determine whether the proposed release is

(i) unlikely to result in the introduction into Canada or the spread within Canada of any vector, disease or toxic substance, and

(ii) unlikely to pose a risk of harm to the environment or to human or animal health; and

(b) is issued a permit for the proposed release under section 160.

(2) Where the accompanying information that is required to be provided to the Minister pursuant to paragraph (1)(a) in respect of the proposed release of a veterinary biologic is the same as information that has already been provided to the Minister before the coming into force of sections 120.1 and 120.2, this section and sections 120.4 to 120.6, or that is provided on or after the coming into force of sections 120.1 and 120.2, this section and sections 120.4 to 120.6 in relation to an application for another permit, the information is not required to be provided again. SOR/97-8, s. 2; SOR/2002-438, s. 18(F).

Information Requirements

120.4 (1) The accompanying information that is required to be provided by a person to the Minister pursuant to paragraph 120.3(1)(a) includes the following:

(a) the name of the person or body responsible for the proposed release and the name of the person who will be in charge of carrying out the release;

(b) in the case of a live genetically modified veterinary biologic

(i) a description of the donor organism and the methods of incorporation of the genes from the donor organism into the host, and

(ii) a description of the live genetically modified veterinary biologic, including details relating to expression of the new gene and the stability of the incorporation of the new gene, and a comparison of the characteristics of the live genetically modified organism with those of the unmodified organism;

(c) the protocol followed in preparing the veterinary biologic and any diluent to be used with it;

(d) the procedures to be followed in handling, storing, administering, testing, releasing and disposing of the veterinary biologic and any diluent to be used with it;

(e) the tests used to establish the purity, safety, potency and efficacy of the veterinary biologic and the purity and safety of any diluent used with it, and the results of all the tests;

(f) the proposed starting date, time period and site of the release;

(g) the proposed measures to mitigate any risk of harm to the environment or to human or animal health; and

(h) any other information in respect of the veterinary biologic that is relevant to identifying any risk of harm to the environment or to human or animal health.

(2) The information required by paragraph (1)(h) or any part of that information may be omitted if the Minister determines, on the basis of a written scientific rationale provided by the person referred to in subsection (1), that the information or part is not relevant or cannot practicably be obtained and is not required for the issuance of a permit under section 120.5, and notifies the person of that determination. SOR/97-8, s. 2; SOR/2002-438, ss. 10(F), 18(F).

Issuance of Permits

120.5 (1) The Minister may issue a permit for the release of a veterinary biologic under section 160 where the Minister, in addition to being satisfied that the proposed release meets the criteria set out in subsection 160(1.1), is satisfied that, to the best of the Minister's knowledge and belief, the proposed release is unlikely to pose a risk of harm to the environment or to human or animal health.

(2) In evaluating the risk of harm to the environment and to human and animal health for the purposes of subsection (1), the Minister shall

(a) consider such matters as

(i) the effects of the proposed release on the environment and on human and animal health, and

(ii) the magnitude of the exposure to the environment of the veterinary biologic involved in the proposed release; and

(b) assess whether the veterinary biologic will enter or may enter the environment in a quantity or concentration or under conditions

(i) having or that may have an immediate or long-term harmful effect on the environment or on human or animal health,

(ii) constituting or that may constitute a danger to the environment on which human or animal life depends, or

(iii) constituting or that may constitute a danger in Canada to human or animal life or health.

(3) In addition to the conditions referred to in paragraph 160(2)(b), a permit for the release of a veterinary biologic shall contain such conditions as the Minister considers advisable to prevent harm to the environment or to human or animal health.

(4) In addition to any of the reasons set out in any of paragraphs 160(3)(a) to (c), the Minister may cancel or suspend a permit for the release of a veterinary biologic if the Minister has reason to believe that failure to do so could result in harm to the environment or to human or animal health. SOR/97-8, s. 2; SOR/2002-438, s. 18(F).

New Information Requirements

120.6 (1) Where, at any time after the applicant submits an application for a permit referred to in paragraph 120.3(a) or is issued a permit for the release of a veterinary biologic under section 160, the applicant becomes aware of any new information regarding the risk of harm to the environment or to human or animal health, or the risk of introducing into Canada or spreading within Canada any vector, disease or toxic substance, that could be caused as a result of the release, the applicant shall immediately provide the new information to the Minister.

(2) Where the Minister, on the basis of the new information provided by an applicant pursuant to subsection (1), re-evaluates the risk of harm to the environment and to human and animal health posed by the release and determines that there is

(a) a risk that is less than was apparent at the time that information was first provided or at the time any new information was subsequently provided, the Minister may

(i) where the release has already been authorized, maintain the existing conditions respecting the release,

(ii) change the conditions respecting the release, or

(iii) remove any conditions respecting the release;

(b) a risk that is greater than was apparent at the time that information was first provided or at the time any new information was subsequently provided, the Minister may amend the permit for the release by

(i) imposing additional conditions respecting the release, or

(ii) changing the conditions respecting the release; or

(c) an unacceptable risk, the Minister shall

(i) refuse to issue a permit for the release, or

(ii) where a permit for the release has already been issued, cancel the permit and require the applicant to stop the release and to take any appropriate action necessary to eliminate or minimize the risk.

(3) In re-evaluating the risk of harm to the environment and to human and animal health on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 120.5(2)(a) and make the assessment referred to in paragraph 120.5(2)(b). SOR/97-8, s. 2; SOR/2002-438, s. 18(F).

Permits to Import

[SOR/97-8, s. 2; SOR/2002-438, s. 11(F)]

121. (1) No person shall import a veterinary biologic into Canada unless he does so under and in accordance with a permit issued by the Minister.

(1.1) Where a permit referred to in subsection (1) has been issued, the veterinary biologic shall be shipped directly to Canada from the manufacturer's premises or from such other premises, in which veterinary biologics may be lawfully manufactured under the applicable foreign laws, that were designated in the application for the permit. SOR/80-428, s. 8; SOR/95-475, s. 4; SOR/2002-438, s. 11(F).

(2) [Repealed, SOR/95-475, s. 4]

122. (1) Subject to subsection (2), every applicant for a permit to import a veterinary biologic into Canada shall include with his application

(a) when requested by the Minister, such samples of the veterinary biologic and any diluent to be used therewith as will enable the Minister to analyse the veterinary biologic;

(b) a product outline;

(c) the results of such tests of the veterinary biologic as will enable the Minister to analyse the veterinary biologic;

(d) a sample of each package and container used or to be used for packing the veterinary biologic and any diluent to be used therewith;

(e) a copy of the instructions or other written material to be included with each package or container of a veterinary biologic;

(f) a copy of every label, tag or other marking to be attached to, marked on or contained in every package or container in which a veterinary biologic is to be packed;

(g) the names of all persons to be employed in the manufacture or testing of the veterinary biologic and information with respect to the education, qualifications and experience of such persons; and

(h) any information the Minister may require in order to determine, in the course of assessing the safety of the veterinary biologic, whether the introduction of the veterinary biologic into the environment could result in the spread within Canada of a vector, disease or toxic substance that would have a harmful effect on human or animal health.

(2) Where the Minister has issued a permit to a person to import a veterinary biologic into Canada, he may issue a permit

(a) to that person to import the veterinary biologic into Canada in any subsequent year, and

(b) to any other person to import the veterinary biologic into Canada,

and that person is exempt from any of the requirements of subsection (1) as the Minister may specify.

(3) The Minister shall furnish the applicant referred to in subsection (1) with a report showing the result of any test performed on the sample supplied pursuant to paragraph (1)(a).

(4) Every person to whom a permit is issued to import a veterinary biologic shall

(a) keep and make available for inspection by a veterinary inspector a record in a form approved by the Minister with respect to the importation, sale and distribution of the veterinary biologic and retain that record for at least two years following the expiration date of the veterinary biologic to which the record relates; and

(b) furnish the Minister with such samples of the veterinary biologic as the Minister may require from time to time. SOR/78-597, s. 14; SOR/82-590, s. 6; SOR/95-54, s. 5; SOR/2002-438, ss. 12(F), 18(F).

Establishment Licence and Product Licence

123. No person shall prepare, manufacture, preserve, pack, label or test a veterinary biologic unless he does so under and in accordance with an establishment licence issued by the Minister. SOR/2002-438, s. 18(F).

124. No person shall manufacture a veterinary biologic unless he does so under and in accordance with a product licence issued by the Minister. SOR/2002-438, s. 18(F).

125. [Repealed, SOR/97-85, s. 72]

126. Subject to section 127, every applicant for a product licence shall include with his application the material and information referred to in subsection 122(1).

127. Where the Minister has issued a product licence to a person, he may issue a product licence to such person in any subsequent year and that person is exempt from any of the requirements of subsection 122(1) as the Minister may specify.

Requirements of Operation in a Licensed Establishment

128. (1) No person shall prepare, manufacture, preserve, pack, label, store or test a veterinary biologic in a licensed establishment unless

(a) the establishment and the equipment therein is sound in construction, clean, in good repair and equipped with means to maintain it in a sanitary condition;

(b) the area immediately adjacent to the establishment is clean and protected against the incursion of animals;

(c) animal wastes, effluents from processing or testing, contaminated matter and dead animals are decontaminated before being removed or discharged from the establishment;

(d) the floors and walls of every room and area in which a veterinary biologic is prepared, manufactured, preserved or tested are of a hard finish suitable for cleaning;

(e) the establishment has drainage, plumbing and sewerage that are

(i) adequate to handle all wastes, and

(ii) equipped with suitable traps and vents;

(f) the establishment has dressing rooms, lavatories and showers that are

(i) adequate in size and equipment for the number of persons using them, and

(ii) well lighted and ventilated to the outside;

(g) eating rooms, if provided, are separate from, and do not lead directly into, any room used for preparing, manufacturing, preserving, storing, testing, packing or labelling a veterinary biologic;

(h) rooms or areas are provided, where required, that are capable of being maintained at a uniform and constant temperature within any desired range and are equipped with thermometers that provide a continuous permanent record of temperature;

(i) means are provided for warning of any failure of power or equipment or any change in the required temperature;

(j) rooms, areas and equipment are provided, where required, that are capable of being maintained free of air-borne contaminants to any desired degree and preventing the escape of micro-organisms therefrom;

(k) animals being used in a testing program or for any special purpose are segregated from all animals not being used in such program or for such purpose;

(l) a separate room is provided for animals being examined or tested

(i) ante mortem, and

(ii) post mortem; and

(m) every person employed therein is qualified to perform the task assigned to him.

(2) Every holder of a licence issued under these Regulations shall forthwith inform the Minister of any change or addition to the material or information furnished to the Minister for the purpose of obtaining the licence.

(3) Every person employed in a licensed establishment shall

(a) [Repealed, SOR/97-85, s. 73]

(b) be immunized against diseases likely to be encountered therein; and

(c) wear clothing and use equipment adequate to protect him against all hazards likely to be encountered therein.

(4) Unless otherwise permitted by a veterinary inspector, no veterinary biologic shall be tested in a licensed establishment except in a separate room or building that is used exclusively for testing veterinary biologics.

(5) No diagnostic examination or procedure involving the use of

(a) a dead or diseased animal,

(b) diseased animal matter, or

(c) an unidentified culture of micro-organisms, fungi or moulds

shall be conducted in a licensed establishment except in a room or area separate from and not leading into any room or area used for preparing, manufacturing, preserving, storing or testing a veterinary biologic.

(6) Unless otherwise permitted by a veterinary inspector, no research or experimentation shall be conducted in a licensed establishment except in a room or area separate from and not leading into any room or area used for preparing, manufacturing, preserving, storing or testing a veterinary biologic. SOR/97-85, s. 73; SOR/2002-438, ss. 13(F), 18(F).

129. (1) Every holder of a product licence shall

(a) keep and make available for inspection by a veterinary inspector records with respect to the preparation, manufacture, preservation, storage, testing, sale and distribution of every veterinary biologic manufactured under the product licence and any diluent to be used therewith; and

(b) furnish the Minister with such samples of the veterinary biologic as the Minister may require from time to time.

(2) Every record referred to in paragraph (1)(a) shall be retained by the licensee for at least two years following the expiration date of the veterinary biologic to which it relates. SOR/2002-438, s. 18(F).

130. No person shall sell a veterinary biologic or any diluent to be used therewith if the veterinary biologic or diluent has been prepared, manufactured, preserved, packed, labelled or tested otherwise than in the manner described in the product outline. SOR/80-516, s. 12; SOR/2002-438, s. 18(F).

130.1 Every veterinary biologic imported, sold, advertised or offered for sale in Canada shall be stored at a temperature between 2°C and 7°C unless otherwise stated in the product outline or the labelling. SOR/80-428, s. 9; SOR/2002-438, s. 18(F).

131. Where the Minister is satisfied from tests of a veterinary biologic, or otherwise, that a veterinary biologic is unsafe to use, is likely to cause communicable disease in animals or is contaminated or ineffective, he may, by order, prohibit the importation, manufacture, sale or distribution of the veterinary biologic. SOR/2002-438, s. 18(F).

131.1 (1) Where an emergency exists with respect to the availability of and need for a veterinary biologic, the Minister may exempt that veterinary biologic from the application of any of the provisions of these Regulations during the period of the emergency.

(2) An exemption referred to in subsection (1) shall be in writing and shall state the veterinary biologic that is exempted, the provision or provisions of these Regulations from which it is exempted and the reasons for that exemption.

(3) The Minister may at any time cancel the exemption referred to in subsection (1). SOR/82-590, s. 7;SOR/2002-438, s. 18(F).

132. (1) No person shall import, sell, advertise or offer for sale a veterinary biologic unless it is packed and labelled in accordance with these Regulations.

(2) All information required by section 134 to be shown on the label of a veterinary biologic

(a) shall be clearly and prominently displayed on the label; and

(b) shall be readily visible by a purchaser under the customary conditions of purchase and use. SOR/2002-438, s. 18(F).

133. (1) Subject to subsection (2), every veterinary biologic sold, advertised or offered for sale in Canada shall carry a label on or attached to every container in which the veterinary biologic is packed.

(2) Subsection (1) does not apply to a single dose of a killed veterinary biologic packed in a ready to use syringe if the syringe is in a sealed pouch that carries a label.

(3) Every veterinary biologic imported into Canada shall carry a label on or attached to every outer container and shipping container. SOR/80-428, s. 10; SOR/2002-438, ss. 14(F), 18(F).

134. (1) Subject to this section, every label of a veterinary biologic imported, sold, advertised or offered for sale in Canada shall show

(a) the assigned name of the veterinary biologic,

(b) the name of the manufacturer of the veterinary biologic or, if there is more than one manufacturer of that veterinary biologic, the name of the first or the name of the final manufacturer,

(c) the place where the manufacturer referred to in paragraph (b) manufactures the veterinary biologic,

(d) the lot or serial number or other means of identifying the veterinary biologic,

(e) the same establishment licence number, whether Canadian or foreign, on all components of the label except that the Minister may, in writing, exempt from that requirement diluents manufactured in Canada,

(f) directions for use of the veterinary biologic or that directions for its use are contained inside the package,

(g) the expiration date of the veterinary biologic,

(h) the components of the veterinary biologic, including

(i) viruses, bacteria, toxoids and antibodies, and

(ii) antibiotics, if added during the production process as preservatives,

(iii) [Repealed, SOR/80-428, s. 11]

(i) the net quantity of the veterinary biologic in the container, expressed in metric units or in doses,

(j) the temperature range, expressed in metric units, necessary to maintain prescribed potency of the veterinary biologic,

(k) in the case of a veterinary biologic manufactured for use in food producing animals, the cautionary statement indicating the appropriate withdrawal period as stated in the product outline on the basis of which the import permit or product licence was issued, and

(l) in the case of modified live virus rabies vaccines, the cautionary statement

"In the event of accidental human exposure to the vaccine virus, the possible hazard to health should be considered and public health officials or a physician should be consulted" or "En cas d'exposition accidentelle d'une personne au vaccin viral, il faut prendre en considération le risque sanitaire et consulter les responsables de la sant?publique ou un médecin",

and shall be marked with the words "For veterinary use only" or "Pour usage vétérinaire seulement" or alternative wording approved by the Minister.

(2) Where the label of a veterinary biologic is too small to show all the information required by subsection (1), any such information as the Minister may permit may be shown on the directions for use inside the package.

(3) The information contained on the label of a veterinary biologic imported into or sold, advertised or offered for sale in Canada shall be shown in its entirety in either or both official languages and, if both official languages are shown, may additionally be shown in whole or in part in any other language. SOR/79-839, s. 31; SOR/80-428, s. 11; SOR/82-590, s. 8; SOR/86-291, s. 2; SOR/97-85, s. 74; SOR/98-409, s. 13; SOR/2002-438, ss. 15(F), 18(F).

134.1 No person shall sell or offer for sale a veterinary biologic after its expiration date. SOR/82-590, s. 9; SOR/2002-438, s. 18(F).

134.2 (1) Except as provided in subsection (2), no person shall sell or offer for sale a rabies vaccine to anyone other than a veterinarian of the Department of Agriculture of Canada or a veterinarian who holds a valid licence to practice veterinary medicine issued by the veterinary licensing body of a province.

(2) Subsection (1) does not apply in respect of rabies vaccine that is sold or offered for sale in accordance with the written permission granted by the Minister for its use

(a) in a temporary emergency veterinary clinic; or

(b) in a remote area where veterinary services are not readily available. SOR/85-81, s. 1.

135. (1) No person shall, in any advertisement for the sale of a veterinary biologic, make any claim with respect to the purity, safety, potency and efficacy of the veterinary biologic that is not supported by the product outline for such veterinary biologic.

(2) No person shall, in any advertisement for the sale of a veterinary biologic, make any representation that is false, misleading or deceptive or that is likely to create an erroneous impression regarding the character, value, quality, composition, merit or safety of the advertised veterinary biologic. SOR/82-590, s. 10; SOR/97-85, s. 75; SOR/2002-438, s. 16(F).

(3) [Repealed, SOR/97-85, s. 75]

135.1 Every holder of a licence or permit issued under this Part shall report to the Minister, in writing, any information concerning or any evidence of, a significant deficiency in safety, potency or efficacy or a veterinary biologic within 15 days after the date on which that information or evidence is known to the holder or is generally known to the industry. SOR/79-839, s. 32; SOR/2002-438, s. 17.

PART XII
TRANSPORTATION OF ANIMALS

Application

136. This Part applies to the transportation of animals entering or leaving Canada or within Canada.

Animals Subject to Inspection

137. Every animal transported by railway car, motor vehicle, aircraft or vessel shall be subject to inspection at all times by an inspector.

Sick, Pregnant and Unfit Animals

138. (1) No air carrier or sea carrier shall take on board for exportation out of Canada an animal affected with or suffering from a communicable disease.

(2) Subject to subsection (3), no person shall load or cause to be loaded on any railway car, motor vehicle, aircraft or vessel and no one shall transport or cause to be transported an animal

(a) that by reason of infirmity, illness, injury, fatigue or any other cause cannot be transported without undue suffering during the expected journey;

(b) that has not been fed and watered within five hours before being loaded, if the expected duration of the animal's confinement is longer than 24 hours from the time of loading; or

(c) if it is probable that the animal will give birth during the journey.

(3) Paragraph (2)(b) does not apply to a chick of any species if the expected duration of the chick's confinement is less than 72 hours from the time of hatching.

(4) No railway company or motor carrier shall continue to transport an animal that is injured or becomes ill or otherwise unfit for transport during a journey beyond the nearest suitable place at which it can receive proper care and attention. SOR/97-85, s. 76.

Loading and Unloading Equipment

139. (1) No person shall beat an animal being loaded or unloaded in a way likely to cause injury or undue suffering to it.

(2) No person shall load or unload, or cause to be loaded or unloaded, an animal in a way likely to cause injury or undue suffering to it.

(3) Every ramp, gangway, chute, box or other apparatus used by a carrier in loading or unloading animals shall be so maintained and used as not to cause injury or undue suffering to animals and where livestock is loaded or unloaded by a ramp, gangway, chute or other apparatus, the slope shall not be greater than 45 degrees.

(4) Every ramp and gangway used by a carrier in loading or unloading animals shall have sides of sufficient strength and height to prevent animals from falling off the ramp or gangway.

(5) Every ramp used by a carrier in loading or unloading animals shall be so placed that no unprotected gap exists between the ramp or either side thereof and the railway car, motor vehicle, vessel or aircraft.

(6) Subject to subsection (7), every motor vehicle and aircraft in which livestock is transported shall be provided by the carrier with a loading gate or chute that is

(a) fitted with safe and secure footholds; and

(b) suitable for the loading and unloading of livestock.

(7) Subsection (6) does not apply to an aircraft equipped for the loading of livestock in containers. SOR/97-85, s. 77.

Prohibition of Overcrowding

140. (1) No person shall load or cause to be loaded any animal in any railway car, motor vehicle, aircraft, vessel, crate or container if, by so loading, that railway car, motor vehicle, aircraft, vessel, crate or container is crowded to such an extent as to be likely to cause injury or undue suffering to any animal therein.

(2) No person shall transport or cause to be transported any animal in any railway car, motor vehicle, aircraft, vessel, crate or container that is crowded to such an extent as to be likely to cause injury or undue suffering to any animal therein. SOR/82-590, s. 11; SOR/97-85, s. 78.

Segregation

141. (1) Subject to this section, no person shall load on any railway car, motor vehicle, aircraft or vessel and no carrier shall transport animals of different species or of substantially different weight or age unless those animals are segregated.

(2) Subsection (1) does not apply to a female animal and its suckling offspring.

(3) Every cow, sow or mare with its suckling offspring shall be segregated from all other animals during transport.

(4) Animals of the same species that are incompatible by nature shall be segregated during transport.

(5) Groups of bulls, de-tusked boars, rams and goat bucks, if mature, shall be segregated from all other animals during transport.

(6) Every mature boar that has not been de-tusked and every mature stallion shall be segregated from all other animals during transport.

(7) An equine shall, unless its hind feet are unshod, be segregated from other equines during transport.

(8) Every equine over 14 hands in height shall be segregated from all other animals during transport by air.

(9) Every mature bull shall be securely tied during transport by air.

(10) Every horse shall be segregated from all other animals during transport by sea. SOR/80-428, s. 12.

142. No person shall transport or cause to be transported animals in a railway car, motor vehicle, aircraft or vessel unless

(a) each animal is able to stand in its natural position without coming into contact with a deck or roof; and

(b) provision is made for the drainage or absorption of urine from all decks or levels. SOR/95-475, s. 4; SOR/97-85, s. 79.

Protection of Animals from Injury or Sickness

143. (1) No person shall transport or cause to be transported any animal in a railway car, motor vehicle, aircraft, vessel, crate or container if injury or undue suffering is likely to be caused to the animal by reason of

(a) inadequate construction of the railway car, motor vehicle, aircraft, vessel, container or any part thereof;

(b) insecure fittings, the presence of bolt-heads, angles or other projections;

(c) the fittings or other parts of the railway car, motor vehicle, aircraft, vessel or container being inadequately padded, fenced off or otherwise obstructed;

(d) undue exposure to the weather; or

(e) inadequate ventilation.

(2) Subject to subsection (3), every railway car, motor vehicle, aircraft or vessel used to transport livestock shall be

(a) strewn with sand or fitted with safe and secure footholds for the livestock; and

(b) littered with straw, wood shavings or other bedding material.

(3) Where livestock is expected to be confined in a railway car, motor vehicle or aircraft for not more than 12 hours, the railway car, motor vehicle or aircraft need only meet the requirements of paragraph (2)(a) or (b).

(4) Every sea carrier who takes an equine on board a vessel for exportation out of Canada where the voyage is to be made during the period from November 1st to the following March 31st shall provide and maintain such facilities and equipment on board the vessel as will ensure that the equine does not become ill from sea-sickness due to rough seas during the voyage. SOR/97-85, s. 80.

Containers

144. (1) No person shall load or transport or cause to be loaded or transported a container used in the transportation of animals unless the container is constructed and maintained so that

(a) animals therein may, where required, be fed and watered without being removed therefrom;

(b) animals therein may be readily inspected; and

(c) the escape of any liquid or solid waste therefrom is prevented.

(2) Subject to subsection (4), no person shall load or transport or cause to be loaded or transported a container used in the transportation of animals unless the container is equipped with a sign or symbol indicating

(a) the presence of live animals therein; and

(b) the upright position of the container.

(3) Every container used in the transportation of animals shall be so secured to the railway car, motor vehicle, aircraft or vessel in which it is carried as to prevent it from being displaced during transportation.

(4) Subsection (2) does not apply to a container if all animals therein are readily visible from outside. SOR/97-85, s. 81.

Protective Facilities

145. Every carrier shall, at every place where animals are loaded or unloaded for food, water and rest, maintain or have access to facilities at which such animals may be fed, watered and cared for and that provide protection from extremes of weather.

Ventilation of Aircraft

146. Every air carrier shall provide every aircraft cabin in which animals are transported with means of ventilation that will provide a change of air not less than once every five minutes when the aircraft is on the ground and not less than once every four minutes when the aircraft is in flight.

Ventilation of Vessel

147. Every sea carrier shall provide separate ventilation for each enclosed compartment in which animals are transported and, in addition to any ventilation obtained by means of the hatchways, shall, for each such compartment, provide mechanical means of ventilation of sufficient capacity to change the air entirely once every five minutes, except in the case of a compartment on the main or superstructure deck where natural ventilation may be used.

Food and Water for Animals in Transit

148. (1) Subject to subsections (2), (3) and (7), no person shall confine in a railway car, motor vehicle, aircraft or vessel

(a) equines, swine or other monogastric animals for longer than 36 hours; or

(b) cattle, sheep, goats or other ruminants for longer than 48 hours.

(2) Subsection (1) does not apply to ruminants that will reach their final destination in Canada where they may be fed, watered and rested without being confined longer than 52 hours.

(3) No person shall confine chicks of any species without food and water for longer than 72 hours from the time of hatching.

(4) Livestock that is unloaded from a railway car, motor vehicle, aircraft or vessel to be fed, watered and rested before the livestock is re-loaded, shall be unloaded into a pen, rested for not less than five hours, provided with an ample quantity of suitable food and potable ice-free water, and before the livestock is re-loaded, the floor of the railway car, motor vehicle, aircraft or vessel shall be littered with straw, wood shavings or other bedding material.

(5) A pen in which livestock is unloaded pursuant to subsection (4) shall provide

(a) sufficient space for all the livestock to lie down at the same time;

(b) properly designed racks and troughs for feeding and watering the livestock;

(c) well-drained and clean floors of concrete or gravel that provide safe footing;

(d) an adequate amount of straw or other litter to bed the livestock; and

(e) protection from inclement weather.

(6) Every sea carrier shall

(a) provide a sufficient amount of suitable food and water for animals carried on a vessel, having regard to the expected duration of the voyage;

(b) provide, in addition to the requirements of paragraph (a), two days supply of food and water for each estimated eight days of the voyage;

(c) store such food and water in a sanitary manner and in a place not unduly exposed to the weather; and

(d) provide sufficient water pipes and taps on the vessel for watering the animals.

(7) Subsection (1) does not apply to animals if

(a) the railway car, motor vehicle, aircraft or vessel is suitably equipped to feed, water and rest the animals; and

(b) the animals are fed, watered and rested at intervals of not more than 48 hours in the case of ruminants and not more than 36 hours in the case of monogastric animals. SOR/97-85, s. 82.

Special Food for Calves

149. Every railway company, motor carrier and air carrier shall provide suitable food and water at intervals of not more than 18 hours for calves transported in a railway car, motor vehicle or aircraft if the calves are too young to be fed exclusively on hay and grain.

Reports of Injured Animals

150. Every air carrier and sea carrier shall, on the completion of a voyage or flight, make a report to the veterinary inspector at the port of embarkation respecting every animal that has died or was killed or seriously injured during the flight or voyage, stating in each case the cause of the death or injury.

Records

151. (1) Every railway company and motor carrier engaged in the extra-provincial or international transportation of livestock for hire and every air carrier engaged in the extra-provincial or international transportation of animals for hire shall keep a record of every railway car, motor vehicle or aircraft in which animals are transported extra-provincially or internationally showing, with respect to each shipment of livestock carried by rail or motor vehicle and with respect to each shipment of animals carried by air,

(a) the name and address of the shipper;

(b) the name and address of the consignee;

(c) the number, description and gross weight of the livestock or other animals;

(d) the identifying number of the railway car or registration number of the motor vehicle;

(d.1) the number of square metres or square feet of floor area in the railway car, motor vehicle or aircraft that is being used to transport the livestock or other animals;

(e) the time when, date on which and place where the livestock or other animals came into the carrier's custody;

(f) the time when, date on which and place where the livestock or other animals were fed, watered and rested while in the carrier's custody;

(g) the time when, date on which and place where the livestock or other animals were unloaded at destination;

(h) the name and address of the driver of the motor vehicle in which the livestock or other animals were transported; and

(i) the date on which and place where the motor vehicle was last cleaned and disinfected.

(2) A copy of the record referred to in subsection (1) shall accompany every shipment of livestock or other animals and shall be produced to an inspector on his request by the carrier or person in charge of the shipment.

(3) Every person to whom subsection (1) applies shall

(a) keep the record referred to in subsection (1) for a period of two years from the date on which the animals, for which the record is being kept, are shipped;

(b) provide to an inspector at all reasonable times during the period referred to in paragraph (a) the record referred to in subsection (1) for examination, the taking of extracts therefrom and the making of copies thereof; and

(c) upon receipt of a written request by an inspector, provide to the inspector, in a form approved by the Minister, the information contained in the record referred to in subsection (1) relating to the shipment of animals specified in the request. SOR/78-597, s. 15; SOR/79-839, s. 33; SOR/80-516, s. 13; SOR/82-590, s. 12; SOR/93-159, s. 16.

(4) [Repealed, SOR/93-159, s. 16]

Attendants and Inspectors

152. (1) Every sea carrier transporting livestock shall have, as a signed member of the ship's crew,

(a) a person experienced in dealing with livestock as a foreman to supervise the care of the animals on board;

(b) if there are more than 300 head of livestock, an assistant foreman;

(c) one attendant for every 25 equines or fraction thereof;

(d) a qualified veterinarian, where there are more than 25 equines; and

(e) one attendant for every 50 head of livestock or fraction thereof, excluding equines.

(2) Every sea carrier or air carrier shall, when requested to do so in writing by the Minister, have a veterinary inspector on a vessel or aircraft transporting animals.

(3) Every sea carrier shall notify a veterinary inspector of the time of departure of a vessel transporting animals and shall, not less than six hours before such time, supply him with the names of the foreman, assistant foreman and attendants provided to care for animals on board the vessel.

(4) The foreman, assistant foreman and attendants caring for animals on board a vessel shall report to a veterinary inspector at least six hours before the time of departure of the vessel.

Protection of Animals on Board a Vessel

153. (1) No person shall transport or cause to be transported animals aboard a vessel

(a) on more than three decks, unless any additional deck is specially fitted for the transportation of animals;

(b) on a deck exposed to the weather, except in a container or in an enclosure forming part of the structure of the vessel;

(c) on a deck structure not suited for the transportation of animals;

(d) in a part of the vessel where their presence would interfere with the management, ventilation, operation or safety of the vessel;

(e) on a hatch above a compartment containing other animals; or

(f) on a hatch, if there is no other access to the space below.

(2) Every sea carrier shall ensure that

(a) no freight or feed for animals is loaded on a hatch above a compartment containing animals;

(b) a space of not less than 12.96 square metres (144 square feet) is kept free and clear at all times on a hatch on which animals are transported; and

(c) passageways are provided to permit the care and feeding of animals in holds and compartments. SOR/78-69, s. 36; SOR/97-85, s. 83; SOR/98-409, s. 14(F).

Securing Animals

154. Every sea carrier shall ensure that, on every vessel in which animals are transported,

(a) every bovine not transported in a pen is securely tied by the head or neck to a securing rail with a halter or with a rope not less than 12.5 millimetres (1/2 inch) in diameter in such a manner as to stand athwartships facing a passageway;

(b) every equine is secured by ropes in such manner as to prevent the animal from biting other animals or striking its head on the deck above; and

(c) sheep, goats and swine are transported in pens or in enclosed containers. SOR/78-69, s. 37.

Reserve Pens

155. A veterinary inspector may order a sea carrier to keep empty such pens on a vessel as are designated by a veterinary inspector in order to accommodate animals that are injured or become ill or otherwise unfit for transport during the voyage.

Lighting

156. Every sea carrier shall provide adequate lighting on a vessel to permit animals on board to be fed, watered and properly cared for.

Insulation

157. No person shall transport or cause to be transported animals near the engine or boiler room casing of a vessel unless such casings are covered by

(a) 25 millimetre (one inch) tongued and grooved lumber with a 75 millimetre (three inch) air space between the lumber and the casings; or

(b) some other adequate means of insulation. SOR/78-69, s. 38; SOR/97-85, s. 84.

Disposal of Injured Animals

158. (1) Every sea carrier shall provide on every vessel in which livestock is transported

(a) a suitable humane killing device that is in good working order; and

(b) an adequate quantity of ammunition for the device.

(2) Every sea carrier shall destroy an injured animal on board a vessel by means of the killing device described in subsection (1) unless the master of the vessel is of opinion that the animal can be kept alive without undue suffering.

Veterinary Drugs to be Carried

159. Every sea carrier shall provide every vessel in which animals are transported with a sufficient quantity of veterinary drugs suitable for the treatment of the animals on board.

PART XIII
PERMITS AND LICENCES

Form and Conditions

160. (1) Any application for a permit or licence required under these Regulations shall be in a form approved by the Minister.

(1.1) The Minister may, subject to paragraph 37(1)(b) of the Canadian Environmental Assessment Act, issue a permit or licence required under these Regulations where the Minister is satisfied that, to the best of the Minister's knowledge and belief, the activity for which the permit or licence is issued would not, or would not be likely to, result in the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance.

(2) Any permit or licence required under these Regulations shall

(a) be in a form approved by the Minister; and

(b) contain such conditions as the Minister considers advisable to prevent the introduction of communicable disease into Canada or into any other country from Canada and the spread of communicable disease within Canada.

(3) The Minister may cancel or suspend a permit or licence issued under these Regulations if he has reason to believe that,

(a) any condition under which the permit or licence was issued or any condition contained in the permit or licence has not been complied with;

(b) any provision of the Act or these Regulations has not been complied with; or

(c) failure to do so could result in the introduction into Canada, or spread within Canada, of a vector, disease or toxic substance. SOR/79-839, s. 34; SOR/92-23, s. 3; SOR/92-650, s. 4; SOR/93-159, s. 17; SOR/95-475, s. 4(F); SOR/2004-80, s. 17.

160.1 Every person to whom a permit or licence is issued under these Regulations shall comply with the conditions contained in the permit or licence. SOR/93-159, s. 18.

Issue of Licences by an Inspector

161. (1) An inspector may issue a licence authorizing the marketing, selling, disposing, exposing for sale or transporting of animals or things affected with or suffering from or suspected of being affected with or suffering from infectious or contagious disease.

(2) A licence issued pursuant to subsection (1) may state how, when and where animals or things affected with or suffering from or suspected of being affected with or suffering from infectious or contagious disease may be marketed, sold, disposed of, exposed for sale or transported.

(3) A licence issued pursuant to subsection (1) is valid only when used by the person to whom it is issued.

(4) No person shall sell or transfer a licence issued pursuant to subsection (1) to any other person. SOR/78-597, s. 16.

PART XIV
FOOD FOR RUMINANTS, LIVESTOCK AND POULTRY

Prohibited Material

162. (1) In this Part, "prohibited material" means anything that is, or that contains any, protein that originated from a mammal, other than a porcine or an equine. It does not include milk, blood, gelatin, rendered animal fat or their products.

(2) Prohibited material that has been treated in a manner approved by the Minister to inactivate the agents that cause transmissible spongiform encephalopathies is no longer prohibited material. SOR/97-362, s. 4.

163. (1) A person who identifies prohibited material by means of adding to it a marker or tracer substance that has been approved by the Minister in the manner specified in that approval, is not required to keep the records referred to in subsections 165(2) and 166(2) and section 171.

(2) Every person who identifies prohibited material in accordance with subsection (1) shall maintain a record of the manner in which the marker or tracer substance was added to the prohibited material. SOR/97-362, s. 4.

Feeding Prohibited Material to a Ruminant.

164. No person shall feed prohibited material to a ruminant. SOR/97-362, s. 4.

Rendering Plants

165. (1) No person shall operate a rendering plant unless the person does so under and in accordance with a permit issued pursuant to section 160.

(2) Every person who operates a rendering plant shall keep a record of

(a) the date of production of all products of the rendering plant;

(b) whether or not any product of the rendering plant is, or contains any, prohibited material;

(c) the name, and quantity of, and any other information that is sufficient to identify, the products of the rendering plant; and

(d) the name and address of any person to whom any product of the rendering plant is distributed or sold and the information referred to in paragraph (c) with respect to that product.

(3) No person who operates a rendering plant shall distribute or sell any product of a rendering plant that contains prohibited material unless the documentation required by these Regulations relating to the product and any label on any packaging or container containing the product is marked conspicuously, legibly and indelibly with a statement approved by the Minister that indicates that the product shall not be fed to ruminants. SOR/97-362, s. 4.

Importation of Products of Rendering Plants

166. (1) No person shall import any product of a rendering plant unless the person does so under and in accordance with a permit issued pursuant to section 160.

(2) Every person who imports or has the possession, care or control of any product of a rendering plant shall keep a record of

(a) the name and address of the rendering plant and the date of production of the product;

(b) the name and address of the exporter;

(c) the name and quantity of, and any other information that is sufficient to identify, the product;

(d) the name and address of any person to whom any product is distributed or sold and the information referred to in paragraph (c) with respect to that product; and

(e) whether or not the product is, or contains any, prohibited material. SOR/97-362, s. 4.

Importation or Sale of Products of Rendering Plants

167. No person who imports or has the possession, care or control of a product of a rendering plant shall sell or distribute the product unless the documentation required by these Regulations relating to the product and any label on any packaging or container containing the product is marked conspicuously, legibly and indelibly with the statement referred to in subsection 165(3). SOR/97-362, s. 4.

Food and Food Ingredients

168. No person shall import, manufacture, package, label, store, distribute, sell or advertise for sale any animal food for ruminants that contains prohibited material. SOR/97-362, s. 4.

169. No person shall import, manufacture, package, store, distribute, sell or advertise for sale any animal food for equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds that contains prohibited material unless the documentation required by these Regulations relating to the animal food and any label on any packaging or container containing the animal food is marked conspicuously, legibly and indelibly with a statement approved by the Minister that indicates that the animal food shall not be fed to ruminants. SOR/97-362, s. 4.

170. (1) No person shall have any prohibited material or anything, including an animal food for equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds, that contains prohibited material on the same premises or in the same conveyance as a product of a rendering plant that does not contain prohibited material or any animal food for ruminants, without having procedures to prevent the mixing or contamination of the rendering plant product or animal food for ruminants, with prohibited material.

(2) In a case referred to in subsection (1), the person shall

(a) ensure that the procedures are followed from the time the product or animal food is received until it leaves their possession, care or control; and

(b) keep records to establish that the procedures were followed.

(3) If a person fails to follow the procedures required by subsection (1),

(a) the person shall change the records to show that all of the product or animal food is prohibited material and any label on any packaging or container containing the product or animal food shall be marked conspicuously, legibly and indelibly with a statement approved by the Minister that indicates that the product or animal food shall not be fed to ruminants; and

(b) all of the product or animal food shall be considered to be prohibited material for the purposes of section 164. SOR/97-362, s. 4.

Records

171. (1) Every person who manufactures animal food for ruminants, equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds shall keep records that contain

(a) the formula for the animal food, including the name and weight of each ingredient used for each lot of the animal food;

(b) a mixing sheet that shows that each lot of the animal food has been produced in accordance with the formula referred to in paragraph (a);

(c) information as to whether or not the animal food contains any prohibited material;

(d) the date of preparation of the animal food;

(e) any information used to identify each lot of animal food; and

(f) the name and address of any person to whom any animal food is distributed or sold and a description of the food, including the name and quantity.

(2) Every person who imports, packages, stores, distributes, sells or advertises for sale animal food for ruminants, equines, porcines, chickens, turkeys, ducks, geese, ratites or game birds shall keep records that contain

(a) the name or other information used to identify the animal food;

(b) the name and address of any person to whom the animal food is distributed or sold and a description of the animal food, including the name and quantity; and

(c) information as to whether or not the animal food contains any prohibited material.

(3) Every person who owns or has the possession, care or custody of a ruminant shall keep copies of all invoices for animal food that contains prohibited material. SOR/97-362, s. 4.

PART XV
ANIMAL IDENTIFICATION

Interpretation

172. The definitions in this section apply in this Part.

"administrator" means a person with whom the Minister has entered into an agreement, under section 34 of the Act, under which the person is to administer a national identification program for animals. (administrateur)

"animal" means a bison, a bovine and an ovine. (animal)

"approved tag" means a tag, chip or other indicator approved by the Minister under subsection 173(1). (étiquette approuvée)

"bison" means an animal, other than an embryo or a fertilized egg, of the subspecies Bison bison bison, Bison bison athabascae or Bison bison bonasus. (bison)

"bovine" means an animal, other than an embryo or a fertilized egg, of the species Bos taurus or Bos indicus. (bovin)

"farm of origin" means the farm or ranch where the animal was born -- or the first farm or ranch to which the animal was moved after its birth if it was born at a place other than a farm or ranch, -- including all areas of land, and buildings and other structures on those areas, that are used under one management for breeding or raising animals except any of those areas where the animal may be commingled with animals that are from another farm or ranch. (ferme d'origine)

"farm or ranch" includes a feed lot, a breeding herd, an artificial insemination unit or any other place where an animal has been since leaving its farm of origin. (ferme ou ranch)

"ovine" means an animal, other than an embryo or a fertilized egg, of the genus Ovis. (ovin) SOR/2000-416, s. 1; SOR/2003-409, s. 1.

Approval and Issuance of Tags

173. (1) The Minister may approve a tag, chip or other indicator for the identification of an animal, or the carcass of an animal, for the purposes of this Part.

(2) In applying subsection (1), the Minister shall take into account whether

(a) the tag, chip or other indicator bears a unique identification number;

(b) the tag, chip or other indicator may not readily be altered or otherwise tampered with;

(c) the tag, chip or other indicator is difficult to counterfeit;

(d) the identification number on the tag, chip or other indicator is easily and reliably readable; and

(e) the tag, chip or other indicator is designed to be retained by any animal to which it may be applied. SOR/2000-416, s. 1.

174. (1) At the request of the operator of a farm, ranch or auction barn, the administrator may issue approved tags or cause them to be issued, for the purpose of identifying animals on that farm or ranch or in that auction barn.

(2) At the request of an importer of animals, the administrator may issue approved tags or cause them to be issued, for the purpose of identifying the imported animals. SOR/2000-416, s. 1.

Identification Requirement

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

(1.1) Every person who applies, or causes the application of, an approved tag to an animal, or the carcass of an animal, shall ensure that the tag is for the species of that animal and is applied to the animal, or the carcass, for which the tag was issued under subsection 174(1).

(2) Except as otherwise provided in this Part, the animal shall bear that approved tag at all times after the animal is removed from its farm of origin. SOR/2000-416, s. 1; SOR/2003-409, s. 2.

Record-Keeping Requirement

175.1 (1) Subject to subsection (2), every operator of a farm of origin, or of a farm or ranch other than the farm of origin, who removes, or causes the removal of, an ovine 18 months of age or older from the farm of origin or from the farm or ranch other than the farm of origin shall keep a record of

(a) the identification number on the approved tag that is applied to the ovine;

(b) the date of removal;

(c) the reason for removal; and

(d) the name and address of the owner or person having the possession, care or control of the ovine at the destination to which it is removed.

(2) Subsection (1) does not apply to an ovine transported directly for slaughter to an establishment registered under the Meat Inspection Act or under an Act of the legislature of a province that provides for the inspection of ovine carcasses.

(3) Every operator of a farm of origin, or of a farm or ranch other than the farm of origin, who receives, or causes the reception of, an ovine for breeding purposes, shall keep a record of

(a) the identification number on the approved tag that is applied to the ovine;

(b) the date of reception; and

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

(4) Every person who is required to keep a record under to this section shall keep the record for a period of at least five years. SOR/2003-409, s. 3.

Prohibitions

176. Subject to section 183, no person shall remove, or cause the removal of, an animal from its farm of origin or from a farm or ranch other than its farm of origin unless the animal bears an approved tag issued under subsection 174(1) for the farm or ranch where the approved tag was applied to the animal. SOR/2000-416, s. 1; SOR/2003-409, s. 4.

177. (1) Subject to section 183 and subsection 184(2), no person shall transport, or cause the transportation of, an animal 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, an animal that does not bear an approved tag. SOR/2000-416, s. 1.

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, or in the auction barn, for which the approved tag was issued.

(2) No person shall apply, or cause the application of, an approved tag issued to an importer under subsection 174(2) to an animal that has not been imported by the importer. SOR/2000-416, s. 1.

179. Except as authorized under paragraph 186(1)(a), 187(1)(a) or 188(1)(a), no person shall remove an approved tag, or cause an approved tag to be removed, from an animal or the carcass of an animal. SOR/2000-416, s. 1.

180. No person shall apply, or cause the application of, an approved tag from an animal or the carcass of an animal to another animal or the carcass of another animal. SOR/2000-416, s. 1.

181. No person shall alter an approved tag to change its identification number or to make the identification number unreadable. SOR/2000-416, s. 1.

182. No person shall make, sell or provide a tag, chip or other indicator that so closely resembles an approved tag that it is likely to be mistaken for one. SOR/2000-416, s. 1.

Tagging Site, Community Pasture, Exhibition Site or Veterinary Clinic

[SOR/2003-409, s. 5]

183. (1) Subject to subsection (5), a bison or a bovine may be moved 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 the animal at that site if

(a) the person who manages the site has previously provided the administrator with a statement containing the name and address of the site and an undertaking that the person will comply with the requirements of paragraphs (c) to (e);

(b) the operator of the farm of origin supplies the bison or bovine along with the approved tag issued to that operator under subsection 174(1);

(c) the bison or bovine is not mixed with any other person's animals that do not bear approved tags;

(d) the approved tag referred to in paragraph (b) is applied to the bison or bovine immediately after it is received at the site; and

(e) the person who manages the site keeps records, and makes them available to the administrator on request, of enough information about the origin of the bison or bovines received there 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 when they are brought to the site,

(ii) the dates when the animals are brought to the site, and

(iii) the numbers of the approved tags that are applied to the animals and the dates when the approved tags are applied to the animals.

(2) Subject to subsection (6), a bison or a bovine may be moved from its farm of origin, without having an approved tag applied to it, to a community pasture, exhibition site or veterinary clinic if

(a) the person who manages the community pasture, exhibition site or veterinary clinic has previously provided the administrator with a statement containing the name and address of the community pasture, exhibition site or veterinary clinic and an undertaking that the person will comply with the requirements of paragraph (b);

(b) the person who manages the community pasture, exhibition site or veterinary clinic keeps records, and makes them available to the administrator on request, of enough information about the origin of the bison or bovines received there 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 when they are brought to the community pasture, exhibition site or veterinary clinic,

(ii) the dates when the animals are brought to the community pasture, exhibition site or veterinary clinic,

(iii) the dates when the animals are removed from the community pasture, exhibition site or veterinary clinic,

(iv) the names and addresses of the owners or persons having the possession, care or control of the animals when they are removed from the community pasture, exhibition site or veterinary clinic, and

(v) the numbers of any approved tags that are applied to the animals at the community pasture, exhibition site or veterinary clinic and the dates when the approved tags are applied to the animals; and

(c) the bison or bovine is returned to its farm of origin at the end of the grazing season, exhibition or veterinary evaluation, as the case may be, or an approved tag for the animal's farm of origin is applied to the animal before it is removed from the community pasture, exhibition site or veterinary clinic.

(3) Every person who gives an undertaking referred to in paragraph (1)(a) to comply with the requirements of paragraphs (1)(c) to (e) shall comply with those requirements.

(4) Every person who gives an undertaking referred to in paragraph (2)(a) to comply with the requirements of paragraph (2)(b) shall comply with those requirements.

(5) If a person fails to comply with subsection (3), the Minister may order the person not to receive any bison or bovines at the site referred to in subsection (1) for the purpose of applying approved tags to them at that site.

(6) If a person fails to comply with subsection (4), the Minister may order the person not to receive any bison or bovines at a community pasture, exhibition site or veterinary clinic unless the animals have approved tags applied to them.

(7) An order issued under subsection (5) or (6) is effective for the period specified in the order.

(8) A person who receives an order under subsection (5) or (6) shall comply with it.

(9) The Minister shall not issue an order to a person under subsection (5) or (6) unless

(a) a notice has been delivered to the person

(i) informing the person that the Minister proposes to issue the order, and

(ii) identifying the requirement that the person has not complied with; and

(b) the person has been given an opportunity to be heard in respect of the non-compliance within the period specified in the notice.

(10) The Minister shall have the notice published in a newspaper of general circulation in the community where the site referred to in subsection (1) or the community pasture, exhibition site or veterinary clinic, as the case may be, is located. SOR/2000-416, s. 1; SOR/2003-409, s. 6.

Loss of an Approved Tag

184. (1) Subject to subsections (2) and (3), if an animal loses its approved tag, every person who owns or has the possession, care or control of the animal, other than as the operator of an auction barn, shall immediately apply a new approved tag to it.

(2) Subject to subsection (3), an animal that loses its approved tag while being transported may continue to be transported until it reaches the next place at which it is unloaded, and it may be received at that place, if

(a) in the case of any place other than an auction barn, a new approved tag is applied to the animal immediately after it is received at that place; and

(b) in the case of an auction barn, the operator of the auction barn keeps a record of enough information about the origin and subsequent destination of the animal to enable the origin and subsequent destination to be traced, including, if it is known by the operator,

(i) the name and address of the owner or person having the possession, care or control of the animal when it was brought to the auction barn and the date when it was brought to the auction barn, and

(ii) the name and address of the owner or person having the possession, care or control of the animal when it was removed from the auction barn and the date when it was removed from the auction barn.

(3) An animal that loses its approved tag on the way to an abattoir does not have to have a new approved tag applied to it if

(a) it is slaughtered at the abattoir;

(b) the person who operates the abattoir keeps a record of enough information about the origin of the animal to enable the origin to be traced, including, if it is known by that person,

(i) the number of the approved tag that was lost and, in the case of an animal to which more than one approved tag had been applied since the animal's birth, the numbers of all of them,

(ii) the name and address of the owner or person having the possession, care or control of the animal when it was brought to the abattoir and the date when it was brought to the abattoir, and

(iii) the identification of the conveyance that brought the animal to the abattoir; and

(c) in the case of a bison or a bovine, the person who operates the abattoir reports to the administrator, within 30 days after the animal is slaughtered, the information that the person is required by paragraph (b) to record in respect of the animal. SOR/2000-416, s. 1; SOR/2003-409, s. 7.

185. (1) Every person who applies, or causes the application of, a new approved tag to an animal or the carcass of an animal shall keep a record of

(a) the number of the new approved tag; and

(b) enough information about the origin of the animal or the carcass to enable the origin to be traced, including, if it is known by that person,

(i) the number of the approved tag that was previously applied to the animal or carcass and, in the case of an animal or carcass to which more than one approved tag has been applied since the animal's birth, the numbers of all of them,

(ii) the name and address of the owner or person having the possession, care or control of the animal or carcass when it was brought to the place where the new approved tag was attached to it and the date when it was brought to the place, and

(iii) the identification of any conveyance that brought the animal or carcass to the place where the new approved tag was attached to it.

(2) Subsection (1) does not apply in respect of the application of an approved tag to

(a) an animal before it leaves its farm of origin; or

(b) the carcass of an animal before the carcass leaves the animal's farm of origin. SOR/2000-416, s. 1.

Animal Death or Slaughter

186. (1) If an animal bearing an approved tag is slaughtered at an abattoir or otherwise dies at an abattoir, the operator of the abattoir

(a) may remove the approved tag from the animal or the animal's carcass; and

(b) in the case of a bison or a bovine, shall report the death of the animal and the number of the approved tag to the administrator within 30 days after the death.

(2) The operator of an abattoir where an animal bearing an approved tag is slaughtered shall maintain the ability to identify the animal's carcass in the abattoir until the carcass is approved for human consumption or is condemned.

(3) If an animal bearing an approved tag is slaughtered or otherwise dies on a farm or ranch or at an auction barn, the operator of the farm, ranch or auction barn shall keep a record of the slaughter or death of the animal and the number of its approved tag. SOR/2000-416, s. 1; SOR/2003-409, s. 8.

187. (1) Every person, including a renderer or dead stock operator, a post-mortem laboratory official or a veterinarian, who disposes of the carcass of an animal bearing an approved tag anywhere but on the farm or ranch where the animal died

(a) may remove the approved tag from the carcass; and

(b) shall report the number of the approved tag to the administrator within 30 days after disposing of the carcass.

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

(a) collect enough information about the origin of the animal or carcass to enable the origin to be traced, including, if it is known by that person,

(i) the farm, 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 administrator within 30 days after disposing of the carcass. SOR/2000-416, s. 1.

Export

188. (1) Every person who exports an animal

(a) may remove the approved tag from the animal if authorized to do so by the administrator; and

(b) in the case of a bison or a bovine, shall ensure that the number of the animal's approved tag is reported to the administrator, along with the number of any tag applied to the animal in place of the approved tag, within 30 days after the exportation.

(2) The administrator shall authorize an exporter of animals to remove the approved tags from the animals if

(a) the exporter establishes that it is difficult or impossible, including by reason of the number of animals in a shipment or the behaviour of the animals, to accurately or reliably read the numbers of the approved tags without removing them; and

(b) the exporter undertakes to identify each animal for the purpose of the exportation by applying to it, in place of the approved tag, a tag, chip or other indicator that the administrator considers acceptable based on whether

(i) the tag, chip or other indicator bears a unique identification number,

(ii) the tag, chip or other indicator may not readily be altered or otherwise tampered with,

(iii) the tag, chip or other indicator is difficult to counterfeit,

(iv) the identification number on the tag, chip or other indicator is easily and reliably readable,

(v) the tag, chip or other indicator is designed to be retained by any animal to which it may be applied, and

(vi) the tag, chip or other indicator is acceptable to the national authorities of the country to which the animal is being exported. SOR/2000-416, s. 1; SOR/2003-409, s. 9.

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 as soon as the animal reaches its initial destination; and

(b) report to the administrator

(i) the number of the approved tag, and

(ii) enough information about the origin of the animal to allow the origin to be traced.

(2) The report referred to in paragraph (1)(b) 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; or

(c) if an ovine is being imported, within 7 days after importation.

(3) Subsection (1) does not apply to an animal imported for immediate slaughter.

(4) Paragraph (1)(a) and subparagraph (1)(b)(i) do not apply to an animal bearing an official tag of the country of origin if the administrator considers that the tag bears information similar to the information required on an approved tag. SOR/2000-416, s. 1; SOR/2003-409, s. 10.

SCHEDULE I
(s. 2)
QUARANTINE PORTS

(if quarantine facilities are provided)

(a) Quebec:

(i) Lacolle,

(ii) Grosse Ile,

(iii) [Repealed, SOR/97-85, s. 85]

(iv) Mirabel;

(b) Ontario:

(i) [Repealed, SOR/97-85, s. 86]

(ii) Windsor;

(c) Manitoba:

(i) Emerson, and

(ii) Lena;

(d) Alberta:

(i) Coutts, and

(ii) Edmonton.

SOR/97-85, ss. 85, 86.

SCHEDULE II
(s. 2)
INSPECTION PORTS

(if inspection facilities are provided)

(a) Newfoundland:

(i) St. John's,

(ii) Corner Brook, and

(iii) Gander;

(b) Prince Edward Island:

(i) Charlottetown;

(c) Nova Scotia:

(i) Yarmouth,

(ii) North Sydney, and

(iii) Halifax;

(d) New Brunswick:

(i) St. Stephen,

(ii) Woodstock,

(iii) Centreville,

(iv) Grand Falls,

(v) St. Leonard,

(vi) Edmundston,

(vii) Clair,

(viii) Andover,

(ix) McAdam Junction, and

(x) Saint John;

(e) Quebec:

(i) and (ii) [Repealed, SOR/98-409, s. 15]

(iii) Lac Megantic,

(iv) [Repealed, SOR/98-409, s. 15]

(v) Armstrong,

(vi) Rock Island,

(vii) Highwater,

(viii) Abercorn,

(ix) [Repealed, SOR/98-409, s. 15]

(x) Noyan,

(xi) St-Bernard-de-Lacolle,

(xii) and (xiii) [Repealed, SOR/98-409, s. 15]

(xiv) Trout River,

(xv) Stanhope,

(xvi) St-Armand-Philipsburg,

(xvii) Port Alfred,

(xviii) Montreal,

(xix) Mirabel, and

(xx) Quebec;

(f) Ontario:

(i) Cornwall,

(ii) Prescott,

(iii) Brockville,

(iv) Lansdowne,

(v) Kingston,

(vi) London,

(vii) Ottawa,

(viii) Toronto,

(ix) Rainy River,

(x) Pigeon River,

(xi) Fort Frances,

(xii) Sault Ste. Marie,

(xiii) Sarnia,

(xiv) Hamilton,

(xv) Windsor,

(xvi) Fort Erie, and

(xvii) Niagara Falls;

(g) Manitoba:

(i) Boissevain,

(ii) Winnipeg,

(iii) Lena, and

(iv) Emerson;

(h) Saskatchewan:

(i) Regway,

(ii) Monchy,

(iii) East Poplar,

(iv) Northgate,

(v) Willow Creek, and

(vi) North Portal;

(i) Alberta:

(i) Carway,

(ii) Calgary,

(iii) Edmonton,

(iv) Del Bonita, and

(v) Coutts;

(j) British Columbia:

(i) Roosville,

(ii) Boundary Bay,

(iii) Sidney,

(iv) Pacific Highway (Douglas),

(v) Cascade,

(vi) Paterson,

(vii) Carson,

(viii) Midway,

(ix) Deremeos,

(x) Huntingdon,

(xi) Chopaka,

(xii) Kingsgate,

(xiii) Osoyoos,

(xiv) White Rock,

(xv) Vancouver, and

(xvi) Victoria;

(k) Yukon Territory:

(i) Whitehorse.

SOR/78-69, s. 39; SOR/98-409, s. 15.

SCHEDULE III

[Repealed, SOR/2001-210, s. 6]

SCHEDULES IV and V

[Repealed, SOR/93-159, s. 19]

SCHEDULE VI
(s. 79.17)
SEROLOGICAL TEST SCHEDULE FOR PRIMARY BREEDING FLOCKS

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SOR/78-205, s. 6; SOR/78-597, s. 19; SOR/79-295, s. 23; SOR/80-516, s. 14; SOR/82-670, s. 3.

SCHEDULE VII
(Subsection 91.2(1))
IMMEDIATELY NOTIFIABLE DISEASES

SOR/2003-155, s. 2.

SCHEDULE VIII
(Subsection 91.2(3))
ANNUALLY NOTIFIABLE DISEASES

SOR/2003-155, s. 2.