Frequently Asked Questions
(FAQs)
Concerning Regulations
Under the Animal Health Act, 2009 (Ontario)
The Ontario Animal Health Act, 2009 (AHA) came into force in January of 2010. It gives the Ministry of Agriculture, Food and Rural Affairs (OMAFRA), important tools to detect and respond to findings of significant animal health hazards or animal related threats to human health in Ontario. This legislation helps keep animals healthy and the agri-food industry strong, which in turn protects Ontario families and strengthens Ontario's economy.
New regulations concerning the reporting of certain hazards and compensation under the Act
On January 1, 2013, two new regulations come into force under the Animal Health Act, 2009. The Reporting of Hazards and Findings Regulation (O. Reg. 277/12), helps OMAFRA to better detect and monitor serious and emerging animal health hazards. Under this regulation, veterinary diagnostic laboratories operating in Ontario must report certain laboratory test results, and veterinarians licensed in Ontario must report certain findings to the Chief Veterinarian for Ontario (OCVO) at OMAFRA. See the formal reporting regulation at:www.e-laws.gov.on.ca/html/source/regs/english/2012/elaws_src_regs_r12277_e.htm.
Under the Regulation for Compensation (O. Reg. 278/12), the Minister of Agriculture Food and Rural Affairs has discretion to provide compensation to owners who have experienced losses resulting from orders made under the AHA. Among other things, such compensation will encourage owners to participate in the control of diseases in animals. See the compensation regulation at:
www.e-laws.gov.on.ca/html/source/regs/english/2012/elaws_src_regs_r12278_e.htm.
Index of Questions and Answers
This document includes a series of questions and answers to assist readers in understanding the regulations from various points-of-view.Questions from the Point of View of a Veterinarian ……………………………………………………….
2
Questions from the Point of View of a Laboratory…………………………………………………..……..
6
Questions from the Point of View of an Owner of Animals……………….………………….………..
9
Questions from the Point of View of a More General Audience……….…………….………………11
Veterinarian - Frequently Asked Questions
V1. How much extra time and effort is the reporting of these specific hazards going to involve for a veterinarian? For most veterinarians, this provincial regulation should involve little or no additional time or effort. Ontario laboratories are responsible for reporting positive test results for listed hazards. If a veterinarian submits samples or specimens from animals or things in Ontario to a laboratory in Ontario, that veterinarian has no additional responsibilities to reporting specific test results. However, if a veterinarian submits samples or specimens from an animal or thing located in Ontario to a laboratory outside of Ontario and any of the samples or specimens test positive for a laboratory "Immediately Notifiable Hazard", then that veterinarian must report those positive test results to OMAFRA. Veterinarians are still responsible for reporting federally reportable diseases to the Canadian Food Inspection Agency (CFIA) as they have been for many years.
V2. This new regulation requires veterinarians to report findings of "serious risk" to OMAFRA. What is the intent of this part of the regulation and what is meant by the term "serious risk"? New hazards or diseases can emerge or unusual situations can occur. Such situations can pose a very serious threat to animal or public health. Veterinarians are often in a position to assess such risks. The intent of this regulation is to make OMAFRA aware of serious risks sooner than we have in the past. The term "serious risk" is used to describe the high threshold of risk to animal health, human health or food safety that is required to trigger such a report. Examples include unusually high mortality and clusters of unusually serious disease on multiple premises that is not easily explained, or an unusual and serious direct threat to food safety or public health from animals (see more specific examples below). Such risks are expected to arise infrequently, such that an individual veterinarian may expect to be required to make such reports only rarely.
V3. Can you give me some examples of situations that OMAFRA
does, and does not, consider to be a "serious risk"? Yes.
The intent is to make OMAFRA aware of serious risks sooner than
we have in the past. This will hopefully help to reduce or mitigate
their impact. Some examples include:
Example 1: In the 1990's, collectively industry and government may
have been able to dampen the impact that a new strain of Bovine
Viral Diarrhea (BVD) virus had on the cattle industry; if the extent
of the emerging problem had been understood sooner, through reporting.
Example 2: Similarly, in the early stages of Porcine
Respiratory and Reproductive Syndrome (PRRS), the overall response
may have been improved, if collectively, we had more fully appreciated
the extent of the emerging problem sooner.
Example 3: Early reports of lead poisoning in groups
of animals help to ensure that only animals tested for lead and
verified safe to eat are allowed to proceed to slaughter.
Example 4: You are working on a case of unusually
high morbidity and mortality, but the cause is still not clear even
after you conduct a full laboratory work up. Then you see the same
serious and unexplained problems in three other herds in your practice.
That is one example of the type of finding that should be reported
under this regulation.
Example(s) 5: Some examples of events that are
serious to the affected animals and respective owners but do not
require reporting under this regulation include: death or injury
due to failure of a mechanical device (e.g. failed ventilation),
a weather or geological event, fire, starvation, hunting or predation.
Cases of abuse or neglect that must be reported to the OSPCA under
the Ontario Society for the Prevention for Cruelty to Animals
Act need not be reported to the OCVO.
Example 6: Once the existence of a new serious
hazard has become widely known through notices, industry or academic
publications, and/or has been added officially to the list of laboratory
Immediately Notifiable Hazards; then, while still serious, it has
become well known and no longer needs to be reported as a "serious
risk", because it will be captured and monitored by other means
and addressed through relatively routine means.
V4. Do situations that I believe my client and I can manage
need to be reported?
OMAFRA recognises that veterinarians are highly trained professionals
and are in a position to assess a situation and manage that risk
with their clients. Nevertheless, the findings that a veterinarian
is required to report are those that, in their professional opinion,
identify a very serious and unusual risk to animal health, human
health or to the safety of food or other products derived from animals
that humans may consume or use. Such risks are expected to arise
infrequently, such that an individual veterinarian may expect to
be required to make such reports only rarely.
V5. Does a request for veterinary extension assistance
constitute an official report of a "serious risk" to OMAFRA?
No. OMAFRA extension veterinary services are still available through
your normal OMAFRA contacts.
V6. My veterinary practice serves pet animals only. I have no livestock
or poultry clients. Do these regulations apply to my type of veterinary
practice?
Yes. While it is true that OMAFRA's emphasis is on farmed animals,
food production and agricultural trade, these regulations apply
to all animals, veterinarians and laboratories in Ontario. For example,
the Government of Ontario would be concerned if a new zoonotic disease
emerged in pet animals and spread from pets to people, making several
people seriously ill. In such situations, OMAFRA would coordinate
with Public Health Officials who would lead the public health response.
OMAFRA would continue to lead the animal health response, ensuring
that veterinarians are made aware of the emerging zoonotic hazard.
V7. Should I report anything and everything that is in any way unusual,
even when I'm sure I can manage the situation with my client?
No. OMAFRA is confident that veterinarians and their clients will
be able to manage the vast majority of situations without government
involvement. Under this regulation, a veterinarian is only required
to report findings in respect of an animal, animal product, animal
by-product, input, fomite, vector, waste material or any other thing
related to an animal that, in the veterinarian's professional opinion,
identify a very serious risk to animal health, human health or to
the safety of food or other products derived from animals that humans
may consume or use. Examples include unusually high mortality and
clusters of unusually serious disease on multiple premises that
is not easily explained, or an unusual and serious direct threat
to food safety or public health from animals. Such risks are expected
to arise infrequently, such that an individual veterinarian may
expect to be required to make such reports only rarely.
V8. What happens after reports are made?
When you make a report, an OMAFRA veterinarian will contact you
to discuss the situation and obtain more information from you. OMAFRA
will assess the risk and decide on the appropriate response. This
may include any one or a combination of the following:
- simply recording the event and waiting to see if other veterinarians make similar reports,
- working with you and your client to conduct more tests,
- working with you to manage the situation, similar to extension services,
- publishing notices (without specific names or addresses) advising other veterinarians and owners how to manage similar situations,
- working with industry to manage the situation,
- encouraging specific research,
- working with animal health partners provincially and federally
- using disease control tools of the Animal Health Act.
V9. How do I make a report of a "serious risk"?
Phone the OMAFRA Agricultural Information Contact Centre (AICC)
at 1-877-424-1300 immediately. As a guideline,
immediate reporting means as soon as is reasonably possible and
within 18 hours of becoming aware of the serious risk. You can reach
an operator 24 hours a day, 7 days a week, 365 days of the year
at that number. Amongst other things, you must tell the operator
that you are a veterinarian who is reporting a finding to the Chief
Veterinarian for Ontario at OMAFRA. The operator will take down
basic information. Then an OMAFRA veterinarian-on-call will call
you back to discuss the situation and get more detailed information
from you. There is an OMAFRA veterinarian on call, 7 days a week,
365 days a year, from 7AM to 10 PM.
V10. Do I still need to report a federally reportable disease
to the CFIA?
Yes. If you think you are dealing with a federally reportable disease,
you are obligated to report those concerns directly to the Canadian
Food Inspection Agency as soon as possible through your local CFIA
District Veterinarian or CFIA's emergency phone number at 1-877-814-2342.
The CFIA will follow-up on that report. The CFIA will notify OMAFRA
of the situation once they have done a preliminary work-up. OMAFRA
will work with the CFIA to support CFIA's lead in managing the situation.
V11. Sometimes I send samples to a laboratory outside Ontario.
If such samples test positive for an Immediately Notifiable Hazard,
how do those results get reported to OMAFRA?
As the submitting veterinarian, you are responsible for immediately
notifying the Office of the Chief Veterinarian for Ontario (OCVO)
of any such positive test results that you receive back from a laboratory
outside Ontario. Email the report to OCVO-Reportable-Notifiable@Ontario.ca.
See the Guidelines document at www.Ontario.ca/animalhealth
and the regulation (O.Reg.277/12) at www.e-laws.gov.on.ca/html/source/regs/english/2012/elaws_src_regs_r12277_e.htm
for a list of information that is to be included in a report.
In practical terms, the simplest way for you to submit a report
may be to email the report you received from the non-Ontario laboratory
to the OCVO, with additional information as needed. After receiving
your email report, an OMAFRA veterinarian may contact you to obtain
more detailed information if necessary.
V12. I see that once a year, laboratories operating in
Ontario must submit an annul report for "Periodically Notifiable
Hazards". Are veterinarians who use laboratories outside Ontario
also required to submit an annual report for such testing done at
non-Ontario laboratories ?
No. Veterinarians who use laboratories outside Ontario to test for
"Immediately Notifiable Hazards" are not required to submit
an annual report of "Periodically Notifiable Hazards".
V13. We conduct some in-house diagnostic tests at our veterinary
clinic for some of the "Immediately Notifiable Hazards".
Are we required to report in-house test positives to OMAFRA like
laboratories?
No. Under the AHA, laboratories are defined as facilities carrying
out operations and procedures for the examination of samples and
specimens submitted by a third party from living or dead animals,
animal products, animal by-products, inputs, fomites, vectors, waste
material and other things related to animals to which this Act or
the regulations apply in order to inform a diagnosis, prophylaxis,
treatment or other veterinary analysis in respect of a hazard. Therefore,
tests done at second-party in-house laboratories such as within
veterinary clinics or second-party quality control laboratories
in large production companies are not required to be reported.
V14. Why are veterinarians not required to report positive
in-house test results or clinical cases of "Immediately Notifiable
Hazards"?
The Government of Ontario is aware of the need to limit regulatory
burdens on business, such as the burden associated with making reports.
To balance regulatory burden with the need to conduct effective
animal health surveillance, the responsibility for reporting has
been placed primarily on animal health laboratories (with the exception
of out-of-province laboratory testing and situations of serious
risk, which are reported by veterinarians). It is believed that
by monitoring reports from third-party commercial laboratories,
and reports of serious risk and out-of-province laboratory testing
from veterinarians, OMAFRA can effectively and efficiently obtain
sufficient disease surveillance information.
V15. How did OMAFRA decide which hazards to include in
the new provincial regulation listing laboratory Immediately Notifiable
and Periodically Notifiable Hazards?
In 2011, OMAFRA consulted with stakeholders through a working group
consisting of producers, veterinarians, pathologists, and government
animal health, public health and wildlife officials. The intent
was to establish lists of hazards that integrated well with existing
lists and stakeholder reporting responsibilities for lists of federally
reportable and notifiable diseases, and meet emerging needs.
V16. Is it possible for OMAFRA to add hazards, delete hazards,
or change the status of specific hazards on the official lists of
notifiable hazards?
Yes. It is recognized that hazards may emerge or decline in their
importance over time that warrant changes to the lists. The provincial
Minister of Agriculture, Food and Rural Affairs can authorize changes
to the lists.
Laboratory - Frequently Asked Questions
L1. I am the director of a commercial veterinary laboratory
in Ontario. This regulation requires our laboratory to immediately
report specific information for test positives for a list of hazards
and diseases. Our laboratory does not conduct specific tests for
many of those diseases. How are we supposed to comply with this
reporting regulation?
OMAFRA will work with you to establish a method of reporting that
works for both your laboratory and OMAFRA. If your laboratory does
not conduct specific tests for the specific hazards listed, then
your laboratory has no reporting responsibilities under this reporting
regulation for those hazards. However, for those listed hazards
for which your laboratory does conduct specific tests, effective
January 1, 2013, you are required to immediately report positive
test results for "Immediately Notifiable Hazards", and
to annually report the results of all tests conducted specifically
for "Periodically Notifiable Hazards", including negative,
suspicious and positive results.
L2. How does OMAFRA define a "positive" test
for a notifiable hazard?
OMAFRA recognises that many different laboratory tests exist and
continue to evolve for various hazards. Therefore, a "positive"
laboratory test result includes:
- the isolation or chemical identification of the hazard OR
- a positive nucleic acid-based test OR
- a positive antigen-based test OR
- a positive immunological response-based test (indicative of disease and not including immune response to vaccination) OR
- the presence of a pathognomonic lesion...
specific to any of the hazards listed in the regulation for which the laboratory has declared the sample test positive for a notifiable hazard, according to that laboratory's testing protocols in place at the time.
L3. I am responsible for a commercial veterinary laboratory
in Ontario. If I am already reporting positive test results for
the listed hazards, why do I also have to report negative, suspicious
and positive test results annually for "Periodically Notifiable
Hazards"?
It is important for OMAFRA to demonstrate to our export trade customers
that Ontario laboratories are conducting tests for serious hazards,
and that most or all of these tests are negative. Providing annual
reports of testing for "Periodically Notifiable Hazards"
helps OMAFRA to demonstrate both surveillance coverage and awareness
of trends in disease that may affect trade.
L4. This reporting regulation requires annual reporting
of laboratory data by the end of January on tests conducted for
listed hazards during the previous calendar year. When this regulation
comes into force on January 1, 2013, are laboratories responsible
for sending OMAFRA the data for calendar year 2012 before the end
of January 2013?
No. By coming into effect on January 1, 2013, this regulation applies
to data starting on that date. The first annual report is not due
until January 2014 and will apply to appropriate data collected
at your laboratory during the calendar year of 2013. OMAFRA staff
will work with you during 2013 to establish the specific file format
and mechanics for submitting your annual reports in a manner that
works for both your laboratory and OMAFRA.
L5. Suppose our laboratory does get a positive test for
one of the laboratory Immediately Notifiable Hazards. How do we
report that to OMAFRA? What do you mean by "immediately"
report?
You must email your report to the Office of the Chief Veterinarian
for Ontario at OMAFRA, using the email address set up specifically
for this purpose: <OCVO-Reportable-Notifiable@Ontario.ca.
See the guidelines document and actual regulation for a list of
information that is to be included in a report www.e-laws.gov.on.ca/html/source/regs/english/2012/elaws_src_regs_r12277_e.htm.
In practical terms, the simplest way for you to submit a report
may be to e-mail OMAFRA a copy of the test positive results report
you send to your client, with additional information as needed.
As a guideline, immediate reporting means as soon as is reasonably
possible and within 18 hours of becoming aware of the specific positive
laboratory test result. Upon receiving your e-mail report, an OMAFRA
veterinarian may contact you to obtain more detailed information
if necessary.
L6. Is our laboratory responsible for reporting positive
results for Immediately Notifiable Hazards for tests conducted on
our behalf, on Ontario samples, at laboratories outside Ontario?
Yes. As the Ontario laboratory coordinating the testing and reporting
the results back to the original submitter in Ontario, your laboratory
is responsible for reporting positive laboratory tests for Immediately
Notifiable Hazards to OMAFRA. You must make the report immediately
upon your laboratory becoming aware of the positive test result,
even if the actual laboratory test was conducted at another laboratory.
L7. What happens when a laboratory reports a positive test
result to the Chief Veterinarian for Ontario at OMAFRA?
All emails sent to OCVO-Reportable-Notifiable@Ontario.ca
are automatically forwarded to the OMAFRA veterinarian-on-call for
their review and preliminary assessment. Depending on the hazard
and tests involved, the OMAFRA veterinarian-on-call may contact
the laboratory to obtain more information concerning the case. There
is an OMAFRA veterinarian on call, 7 days a week, 365 days a year
from 7 AM to 10 PM. OMAFRA may ask that additional testing (e.g.
typing) be done on the samples at your laboratory or instruct you
to send the remaining sample material or isolates to another laboratory
for further testing or typing. OMAFRA will pay for that additional
requested testing. When you submit a report, amongst other things
you are required to provide the name and contact information of
the veterinarian or person who submitted the sample to your laboratory.
After obtaining the report from your laboratory, an OMAFRA veterinarian
may contact the submitting veterinarian (or person) directly to
obtain more information about the history, clinical picture and
context of the test positive case(s). Based on all the information
collected, OMAFRA will assess the risk and decide on response actions
appropriate to the risk.
L8. I am a veterinarian who is an employee of a large animal
production company. We run our own in-house laboratory for quality
control. We do not test for the vast majority of the hazards listed
in the regulation, but we do test for at least one of the listed
hazards as part of our quality control. Are we required to report
our company's own laboratory reports to OMAFRA?
No. Under the AHA, laboratories are defined as facilities carrying
out operations and procedures for the examination of samples and
specimens submitted by a third party in order to inform a diagnosis,
prophylaxis, treatment or other veterinary analysis in respect of
a hazard. Therefore, tests done at second-party in-house laboratories
such as within veterinary clinics or second-party quality control
laboratories in large production companies are not required to be
reported.
L9. Our laboratory in Ontario sometimes tests samples that
were collected from animals or premises outside Ontario. Are we
required to report test results for those samples?
No. The reporting regulation applies only to samples submitted from
animals or related materials located in Ontario at the time the
sample was collected.
L10. I see that Influenza A and Salmonellosis (Salmonella
sub-typed) are included in the list of laboratory "Immediately
Notifable Hazards". Why are they included on the list?
Organisms such as Influenza and Salmonella, which have many sub-types
and serovars, expressing a wide range of pathogenisity across different
host species, are particularly challenging to manage. Also, many
of them are endemic and change over time. That is why it is important
to collect laboratory data on the frequency, distribution and changes
in various sub-types and serovars. These data help industry and
government to collectively make better management decisions.
Animal Owner - Frequently Asked Questions
AO1. I own some animals. What are my responsibilities for
reporting animal diseases to government authorities?
Animal owners are responsible for the care and health of their animals.
In general, you should call your local private veterinarian for
assistance when your animals are sick. Your veterinarian will assess
the situation and help you to ensure that appropriate authorities
are notified if and when required. There are no new or additional
responsibilities for owners to report animal disease under this
provincial regulation. However, animal owners are still responsible
for meeting the reporting requirements of the Canadian Food Inspection
Agency (CFIA) under federal regulations, as they have been for many
years. See the CFIA website at: www.inspection.gc.ca/animals/terrestrialanimals/diseases/eng/1300388388234/1300388449143
AO2. If I think my animal(s) may be sick with one of the
hazards listed in this provincial regulation, what should I do?
Any time you think your animals are sick, you should call a veterinarian.
Your veterinarian is in the best position to assess the situation.
If laboratory tests indicate the presence of any of the listed "notifiable"
hazards, the laboratory or veterinarian will report that information
to OMAFRA as appropriate. As the animal owner, you are not required
to report animal diseases to OMAFRA (but you are still responsible
for reporting federally reportable disease to the CFIA as you have
been for many years).
AO3. If my animal tests positive to any of the hazards
listed in the regulation and a laboratory reports the results to
OMAFRA, what happens to my animal and to me as the owner?
OMAFRA veterinarians will assess the report from the laboratory
and may contact your veterinarian to discuss the case in confidence.
Ministry veterinarians may be able to provide advice on how to prevent
further spread of the hazard among your animals and between premises
and work with your veterinarian on next steps if needed. OMAFRA's
response may include any one or a combination of the following:
- simply recording the event and waiting to see if other test positives are reported
- working with laboratories , veterinarians or owners to conduct more tests,
- working with affected veterinarians and owners to manage the situation, similar to extension services,
- publishing notices (without specific names or addresses) advising veterinarians and owners on how to manage similar situations,
- working with industry to manage the situation,
- encouraging specific research or surveys,
- working with animal health partners provincially and federally
- using disease control tools of the Animal Health Act, 2009.
AO4. Will I be compensated for losses I experience as a
result of animal health actions or orders issued by OMAFRA under
the authority of the Animal Health Act (AHA)?
The Compensation Regulation (O. Reg. 278/12) under the AHA, provides
the Minister of Agriculture, Food and Rural Affairs with a framework
to authorize payment of compensation for orders issued under the
Act. See the Compensation Regulation for more details, at:
www.e-laws.gov.on.ca/html/source/regs/english/2012/elaws_src_regs_r12278_e.htm
AO5. How will compensation be calculated for animals ordered
destroyed?
Evaluations may be performed by experienced third party evaluators
to establish the market value of the animal(s). Subject to the provisions
of the Compensation Regulation where compensation may be reduced
or refused, payments will be calculated at 100 per cent of market
value, less any value received for the carcass(es), up to a maximum
amount for destroyed animals. The maximum amounts are the same as
those in the Compensation for Destroyed Animals Regulation under
the federal Health of Animals Act. See a list of maximum compensation
values used by OMAFRA (based on CFIA maximum values) at:
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2000-233/page-3.html#h-6.
AO6. How will compensation be calculated for cleaning and
disinfection ordered under the Animal Health Act (AHA)?
Under the AHA, the Minister has discretion to pay compensation for
cleaning and disinfection costs based on a written order under the
AHA. The cleaning and disinfection costs must be reasonably incurred
by the person. If the Minister decides to pay for cleaning and disinfection,
it will be awarded at 100 per cent of the reasonable cleaning and
disinfection costs, based on the amount a commercial service provider
would charge, and subject to the provisions of the Compensation
Regulation where compensation may be reduced or refused.
AO7. How will compensation be calculated for destruction
and disposal costs?
Under the AHA, the Minister may pay compensation to persons for
costs associated with destruction and disposal of an animal or animal-related
thing under certain circumstances. The Chief Veterinarian for Ontario
will direct the producer through a written order, specifying the
requirements for destruction and disposal (e.g., the disposal method).
If the Minister decides to pay for destruction and disposal, it
will be awarded at 100 per cent of the reasonable destruction and
disposal costs, based on the amount a commercial service provider
charges. Any residual value (e.g. for animal products that can be
sold or used, if any) will be subtracted from any compensation received.
The provisions of the Compensation Regulation where compensation
may be reduced or refused may also apply.
AO8. How do I apply for compensation?
Application forms and instructions for application for compensation
will be provided by OMAFRA at the time specific written orders are
issued to owners by OMAFRA.
AO9. If the CFIA orders my animals or things destroyed,
am I eligible for compensation from OMAFRA under the AHA?
No. Compensation is only paid out by OMAFRA for orders issued by
under the provincial Animal Health Act (AHA). If the CFIA issues
you an order, you may be eligible for compensation from the CFIA
under the federal Health of Animals Act.
AO10. If the CFIA orders me to conduct cleaning and disinfection
under federal authority, can I submit a claim for the cost of that
cleaning and disinfection to OMAFRA?
No. Compensation is paid out by OMAFRA only for specific official
orders issued by OMAFRA under the authority of the provincial AHA.
>General - Frequently Asked Questions
G1. Why is OMAFRA adding new regulations to the Animal
Health Act?
The AHA was created to keep our animals safe and protect human health
and to keep our agri-food industry strong, which in turn protects
Ontario families and strengthens our economy. OMAFRA needs to be
able to respond to animal health events in a timely manner to control
disease and other hazards. The reporting regulation enables us to
get information quickly, monitor new and emerging animal health
hazards and respond accordingly. When the AHA was enacted in 2009,
stakeholders expected that new regulations would be added to make
it more functional. Stakeholders, like livestock and poultry organizations,
support these new regulations.
G2. What are the new regulations?
We are introducing a list of diseases that have to be reported by
animal health laboratories and describing findings that veterinarians
must report. And, to encourage animal owners to participate in disease
control efforts, we are implementing a compensation regulation that
provides the minister with a framework to provide compensation to
farmers whose animals have been destroyed by certain orders made
under the AHA, or die or are required to be destroyed as a result
of being injured in the course of being tested, treated or identified
under the AHA by an inspector or by a person assisting the inspector.
G3. Will this mean more paperwork for farmers concerning
disease reporting?
No. These regulations do not require livestock and poultry producers
to report possible animal health hazards that occur on their farms.
There is a reporting obligation for laboratories and veterinarians.
We know that laboratories and vets appreciate that they have a role
in the protection of public and animal health. That's why we've
been working with them to balance that role with minimizing their
overall regulatory burden. The new requirements complement the existing
animal health framework and help OMAFRA to better monitor new and
emerging animal health hazards without causing undue burden to Ontario's
livestock producers or veterinarians. Some paper work will however
be required when an owner fills out a claim for compensation.
G4. Why is the government not requiring more reporting?
Does this go far enough to protect animal and public health in Ontario?
Ontario has a strong system to protect animal health and human health.
The new requirements under the AHA help OMAFRA to better monitor
new and emerging animal health hazards, without placing an undue
burden on livestock producers. We will be able to better protect
the health of Ontarians by requiring notification of laboratory
test results where specific hazards that can affect people as well
as animals are indicated. We continue to work with our animal and
public health partners to protect animal and public health in Ontario.
The AHA provides the authority for OMAFRA to respond in a broad
range of circumstances, not just for the hazards that are named
specifically in a regulation. Anyone can voluntarily contact the
Chief Veterinarian for Ontario about an animal health situation
that is a source of concern.
G5. Why aren't animal welfare issues listed as reportable?
Animal welfare is already provided for under various provincial
and federal statutes. The AHA and its regulations are intended to
complement existing legislation.
G6. What is covered under the compensation regulation?
There may be some instances or circumstances where a report to the
Chief Veterinarian for Ontario leads to actions by OMAFRA to minimize
risks to human health or animal health (or to both). In some cases,
to control spread, the ministry may order animals or other things
to be destroyed or a barn or other facility to be cleaned and disinfected.
In appropriate circumstances, financial compensation may be provided
at the Minister's discretion and as authorized by the legislation.
Compensation can be paid to owners for animals that are destroyed
or injured as a result of actions taken under the AHA, and to persons
for cleaning and disinfection costs and costs associated with destruction
and disposal of an animal or animal-related thing.
G7. What about those who do not act in the best interests
of animal health? Will they be able to receive compensation too?
The Minister may refuse or reduce the amount of compensation where:
- The person claiming compensation fails to provide the Minister with the information required to substantiate the claim.
- The person claiming compensation provides false, misleading or deceptive information in respect of the claim or withholds statements or information.
- The person is eligible to receive, compensation, reimbursement or damages for the same loss or costs from any other source.
- The person failed to implement or adhere to commonly accepted biosecurity measures and the failure caused or contributed to the loss being claimed.
- Wilful or negligent conduct of the person contributed to the loss.
- In the case of claims for compensation for cleaning and disinfection costs, the person failed to obtain estimates from multiple service providers and the service could have been provided at a lower cost.
- In the case of claims for compensation for destruction and disposal costs the service could have been provided at a lower cost.
- The person claiming compensation makes the claim more than 12 months after the day the order was made.
G8. Is compensation available under the AHA for orders
made by other government officials?
No. Compensation is authorized for orders made under the AHA only.
Orders made by other levels of government, or by the provincial
government under other legislation, will not qualify for compensation
under the AHA. Compensation cannot be paid under the AHA for losses
that result from orders made by another level of government.
G9. Will OMAFRA be creating a permanent Animal Health Advisory
Committee?
The AHA allows the Minister to establish such committees to provide
advice on matters related to the protection of animal health and
other matters regulated by the AHA as the Minister considers appropriate.
G10. Do you plan to add to the reporting requirements in
the future?
The reporting requirements, in force January 1, 2013, represent
a significant milestone as our animal health protection system evolves.
The requirements may be updated and amended when conditions change.
G11. What other regulations will be developed next under
the Animal Health Act?
The government has not made a decision to proceed with developing
any other regulations under the AHA at this time (2012). We are
committed to working with our stakeholders should any other regulations
be developed under the AHA.
For more information:
Toll Free: 1-877-424-1300
E-mail: ag.info.omafra@ontario.ca