Animal Health Act, 2009 - Compendium

Purposes and Definitions

Purpose

Section 1 contains the purposes of the Act. The purposes of the Act are to provide for the protection of animal health, for the establishment of measures to assist in the prevention, detection, response, control and recovery from hazards associated with animals that may affect animal health or human health or both, for the regulation of activities related to animals that may affect animal health or human health or both, and for the enhancement of the safety of food and other products derived from animals that humans may consume or use.

The Act allows for the future repeal of the Bees Act, the Livestock Community Sales Act and the Livestock Medicines Act.

Definitions

Section 2 contains definitions to 35 terms used in the proposed legislation, including "animal", "animal product", "animal health control area", "biosecurity measures," "hazard," "immediately notifiable hazard," "Minister", "Ministry", and "reportable hazard".

Administration

Section 3 empowers the Minister to enter into agreements for the purposes of the Act.

Sections 4 and 5 require the Minister to appoint the Chief Veterinarian for Ontario (CVO) and permit the Minister to appoint a Deputy Chief Veterinarian for Ontario (DCVO). These sections establish the qualifications, functions and powers of the CVO and the DCVO and designate them as inspectors under the Act. Both the CVO and DCVO must be a veterinarian who holds a licence without conditions or limitations. The Minister may clarify, modify, or restrict the functions or powers of the CVO by regulation.

Section 6 authorizes the CVO to appoint one or more directors for the purposes of the Act, and to specify each director's areas of responsibility. A director appointed by the CVO would have those powers of an inspector that are specified in the appointment.

Reporting Hazards

Section 7 contains provisions dealing with the reporting of reportable hazards. It requires certain persons to immediately report to the CVO or to any other prescribed person reportable hazards specified by regulation.

Section 8 requires operators of laboratories and other persons as may be prescribed to report to the CVO or to any other prescribed person immediately notifiable hazards and periodically notifiable hazards specified by regulation.

Section 9 requires a veterinarian to report to the CVO or to any other prescribed person certain incidents or findings as may be prescribed encountered while engaged in the practice of veterinary medicine.

Section 10 requires the CVO to report to the Chief Medical Officer of Health every matter that is or may be a hazard that constitutes a significant risk to public health.

Section 11 prohibits actions or other proceedings from being instituted against persons making, in a good faith, a report to the CVO or any other prescribed person in respect of a hazard or prescribed incident or finding in accordance with the Act. This protection does not apply with respect to proceedings under the Veterinarians Act.

Licensing

Section 12 authorizes a director to issue licences, certificates, registrations and permits. It describes the activities, qualifications and requirements with respect of which they may be issued, subject to regulations and authorizes the director to impose conditions in accordance with the regulations.

Collecting, Using and Disclosing Information

Section 13 provides that the Minister may collect information, including personal information, from any source for purposes related to the administration of the Act and for other prescribed purposes. The information may be used for those purposes or a consistent purpose and may be subject to such requirements or restrictions as are prescribed. The Minister may disclose information for certain purposes or in certain circumstances. Information collected by, used by, disclosed to, or disclosed by a person authorized under the Act is deemed to have been collected by, used by, disclosed to, or disclosed by the Minister.

Subsection 14(1) authorizes the Minister to enter into agreements with respect to the collection, use and disclosure of information.

Subsection 14(2) authorizes the Minister to enter into agreements with respect to the disclosure of personal information collected and used for the purposes set out in paragraphs 1 to 4 of subsection 13(5). It sets out conditions for the agreement and for the use of the information.

Subsection 14(3) requires that personal information collected and used for a purpose set out in paragraphs 5 to 9 of subsection 13(5) be disclosed through an agreement under subsection (1). Certain conditions must be included in the agreement.

Subsection 14(4) requires that such agreements provide that the personal information collected, used or disclosed under them is confidential and requires that mechanisms for maintaining the confidentiality and security of the information be established.

Section 15 provides that any disclosure of personal information that is authorized under subsections 14 (2) or (3) is deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.

Subsection 16(1) provides that information collected for the purposes of this Act is deemed to be subject to section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act if disclosure of the information would reveal certain identities or information about animals and other animal-related things owned by an identifiable person or entity or about hazards that may be contaminating or otherwise affecting such things.

Subsection 16(2) provides that information collected for the purposes of this Act other than information to which subsection (1) applies is deemed to be scientific, technical, commercial or financial information and to have been supplied in confidence for the purpose of section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act.

Inspections

Section 17 empowers the CVO to appoint inspectors under the Act, who are required to act according to what is provided in the Act and their appointment, with the authorities or within the limitations set out in their appointment. Inspectors may be public servants or any other person or class of persons and must possess such skills and qualifications as the CVO considers appropriate with respect to the exercise of powers that are set out in their appointment.

Section 18 provides for the authority to conduct inspections. An inspector may inspect any animal and other animal-related things as well as any premises, conveyance, activity, fomite or vector related to any of them. The circumstances in which those inspections can occur are: where a hazard or prescribed incident or finding has been reported to the CVO or to any other prescribed person and the inspector has reasonable grounds to believe that the thing being inspected has been exposed to the hazard or was associated with the incident or finding; the CVO has reasonable grounds to suspect the presence of a hazard that is significant because of its potential to spread or otherwise pose a threat to animal or human health and has directed the inspector to conduct the inspection; the CVO is of the opinion that an inspection is required and necessary to determine the presence, absence, or prevalence of the hazard described in a surveillance zone order or animal health control area order; determining whether the holder of a licence, certificate, registration or permit is carrying on an activity in accordance with it; determining whether a licence, certificate, registration or permit is required where the inspector has reasonable grounds to believe it is required; determining whether a compliance order, quarantine order or destruction order is or has been complied with; determining whether a person is carrying on an activity or is required to carry on an activity in accordance with the Act where the inspector has reasonable grounds to believe the activity is occurring or required; the premises requires a licence under the Food Safety and Quality Act, 2001; or has a business of operating community sales licenced under the Livestock Community Sales Act.

Subsection 19(1) provides that when acting within the broad purposes for which an inspection may be conducted, or where consent has been provided, or where authorized by a warrant, an inspector may, subject to limitations in certain circumstances,

  • Pass through or over land to access premises, open and enter conveyances, open several kinds of containers or any other thing and examine their contents;
  • Examine, take samples and specimens and perform or arrange for tests, and for those purposes, exhume the carcass of an animal and arrange for post mortem examinations;
  • Apply a symbol, tag, seal or other identifying mark or device to an animal or animal-related thing for the purpose of subsequent identification;
  • Take photos, make videos, notes or other recordings;
  • Require the production of books and other records, make copies of them, and temporarily remove them to make copies;
  • Require certain persons to answer questions and provide assistance; and
  • Detain or seize an animal or any animal-related material pending inspection.

Subsections 19(2) to (4) provide that, in certain circumstances, an inspector may direct that an animal be held for further inspection and specify the manner in which the animal is to be held. The inspector is required to either release the animal or to consult or make arrangements for a veterinarian to attend.

Subsection 19(5) prohibits, without the inspector's permission, the removal of any symbol, tag, seal or identification mark or device applied by an inspector to a thing or the failure to identify the animal in a manner directed by an inspector.

Subsection 19(6) requires a person operating a conveyance to follow the inspector's direction to stop and to remain stopped or transport the animals to a place to conduct the inspection.

Subsection 19(7) to (11) authorize inspectors to apply to a justice without notice to obtain a warrant to gain entry to a private dwelling or other place in certain circumstances and to use force if authorized by the warrant. Inspectors may use the assistance of the police and the police are required to render the assistance where it is required.

Subsection 19(12) provides that the owner or custodian of a detained or held animal continues to have custody or care of the animal for the purposes of section 11.1 of the Ontario Society for the Protection of Cruelty to Animals Act.

Orders Relating to Compliance, Quarantine, Surveillance Zones, Animal Health Control Areas and Destruction of Animals or Other Property

Compliance Orders

Subsections 20(1) to (3) authorize a director or an inspector to order a person to comply with this Act, to direct a person to modify or stop doing anything in order to enter into compliance and to destroy or dispose of any animal or animal-related material or conveyance according to regulations.

Subsections 20(4) to (6) provide that compliance orders may be oral in certain circumstances but they are required to be confirmed in writing, must set out certain particulars relating to the contravention and notice of the right to request a review or a hearing.

Subsection 20(7) authorizes an inspector to require that records be kept and information be reported in respect of complying with the order.

Subsection 20(8) and (9) contain provisions respecting the service of a compliance order and the term provided to the recipient of the order to comply with the order. Proof of compliance may be requested.

Quarantine Orders

Subsection 21(1) sets out the circumstances under which an inspector may issue a quarantine order. An inspector may issue an order for the purpose of containing a hazard that is believed to exist or that may be present at or in any premises or any part of the premises. Quarantine orders must contain reasons and may quarantine premises or parts of them, as well as animals, animal-related material and conveyances.

Where an inspector issues a quarantine order, in addition to the powers specified above, an inspector may, by order,

  • Require signage on the property, building, etc. or temporary barriers on the premises and require that animals, conveyances or animal-related things be identified;
  • Direct the manner in which the owner or custodian of the animals is to provide input or care to the animals;
  • Impose restrictions on the movement of animals, animal-related material and conveyances;
  • Require that records be kept and information be reported;
  • Specify precautionary or biosecurity measures;
  • Require the isolation or separation of animals;
  • Require that certain veterinary or animal health-related measures be provided including preventative measures such as vaccination;
  • Require cleaning and disinfection;
  • Allow movement of animals and animal-related materials to other places;
  • Require reporting of incidences of morbidity or mortality;
  • Fix the duration of the quarantine; and
  • Impose other conditions.

Subsection 21(3) provides that a quarantine order shall provide reasons and notice of the right to request a review or a hearing.

Subsections 21(4) to (6) deal with matters respecting the service and publication of a quarantine order, including publication of a summary of it.

Subsection 21(7) requires every person served or deemed to be served with a quarantine order to comply with the order. Proof of compliance may be requested.

Subsection 21(8) prohibits tampering with quarantine orders posted on premises or conveyances or with identifying markers, signage or barriers placed on premises or parts of them, except with permission of an inspector.

Section 22 provides that if an inspector makes a compliance order under section 20 or a quarantine order under section 21, the inspector, a director or the CVO may amend or revoke it.

Surveillance Zone Orders

Subsection 23(1) authorizes the CVO to issue a surveillance zone order around a quarantined place or premises where the CVO is of the opinion that further monitoring and surveillance for the hazard is required.

Subsection 23(2) contains the terms and conditions that are required for a surveillance zone order and the information that must be set out in the order and the order may:

  • Require that certain veterinary or animal health-related measures be provided including preventative measures such as vaccination;
  • Specify precautionary or biosecurity measures, including cleaning and disinfecting;
  • Require reporting of incidences of morbidity or mortality;
  • Require that records be kept and information be reported;
  • Fix the duration of the surveillance zone order; and
  • Impose other conditions.

A surveillance zone order must not exceed a radius of 10 kilometres around the quarantined premises.

Subsection 23(3) provides that a surveillance zone order shall provide reasons and notice of the right to request a hearing.

Subsections 23(4) to (6) deal with matters respecting the service and publication of a surveillance zone order, including publication of a summary of it.

Subsection 23(7) requires every person served or deemed to be served with a surveillance zone order to comply with the order. Proof of compliance may be requested.

Subsection 23(8) prohibits tampering with surveillance zone orders posted on premises.

Animal Health Control Area Order

Subsections 24(1) to (4) authorize the Minister, on the advice of the CVO, to establish an animal health control area by written order. These subsections specify the purposes for which such order may be issued, the contents of the order, requirements for providing notice of the order, and a requirement that an animal health control area shall be established solely to parts of the province where it is necessary and is effective only for as long as is necessary.

Subsection 24(5) describes the information that notice of the order must include.

Subsection 24(6) deals with matters respecting the publication of an animal health control area order and the provisions of the notice.

Subsection 24(7) sets out the powers that the CVO may exercise respecting an animal health control area. The CVO may require the submission of samples and specimens, order that things be monitored and examined and that specific measures be established, restrictions and precautions be observed within the area and by individuals or operators of conveyances. The CVO may also:

  • Require that certain veterinary or animal health-related measures be provided including preventative measures such as vaccination;
  • Require reporting of incidences of morbidity or mortality;
  • Establish restrictions on possession, storage, transportation, movement or distribution of animals and animal-related things;
  • Specify animal handling measures;
  • Require destruction and disposal of animals and animal-related things;
  • Require that records be kept and information be reported; and
  • Set out other restrictions or requirements.

Subsection 24(8) requires that CVO and inspector powers be exercised in a manner that is consistent with the purposes of the order, but exercised in a manner that limits their intrusiveness.

Subsection 24(9) requires all persons within a specified area to comply with an order issued under this section. Proof of compliance may be requested.

Subsection 24(10) provides that an animal health control area order is not a regulation for the purpose of Part III (Regulations) of the Legislation Act, 2006.

Destruction Orders

Subsections 25(1) to (4) authorize the CVO to issue orders to destroy or dispose of animals and other animal-related things within a specified period of time and to determine the method of destruction or disposal under specific circumstances. These sections set out the grounds, purposes and conditions necessary for issuing orders to destroy animals and property other than animals.

Subsections 25(5) and (6) authorize the issuance of oral destruction orders under certain circumstances and require the issuer to confirm such order in writing no later than seven days after the oral order is given.

Subsections 25(7) and (8) require that the order describe the reasons for the order, the circumstances giving rise to those reasons and a notice as to the right to request a hearing by the Tribunal. These sections provide that the order may specify the methods for the destruction or disposal, require compliance within a specified timeframe, require that the carrying out of the act be documented and verified, require that proof of compliance be provided where required and order compliance with other conditions.

Subsection 25(9) provides that an order to destroy an animal may authorize that it be slaughtered for human consumption.

Subsection 25(10) provides that the CVO shall have the order served on the person in accordance with section 51.

Subsection 25(11) requires a person subject to an order under this section to comply within the specified timeframe.

Compensation

Subsections 26(1) to (4) provide that in certain circumstances and subject to the regulations, the Minister may authorize compensation to, among others, owners of animals that are destroyed or injured as a result of actions taken under the Act, and to persons for cleaning and disinfection costs and the costs of destruction and disposal of an animal or animal-related thing under certain circumstances. They provide that the maximum amount of compensation shall not exceed market value for the animal and costs reasonably incurred, and if regulations have been made, that costs are to be determined in accordance with the regulations. The Minister may refuse compensation to any person or reduce the amount of the compensation in certain circumstances.

Section 27 provides that, despite section 54, the Crown is not liable for any costs, loss, damage, fee, rent or other charge associated with or resulting from a requirement to comply with the Act or the regulations.

Actions by Minister and Chief Veterinarian For Ontario Re Orders

Sections 28 and 29 empower the Minister and the CVO to cause to be done anything required by an order or decision in certain circumstances. They describe the manner in which a notice of intention to cause a thing to be done is to be given. A person who has received this notice is required to refrain from doing the thing without the written permission of the CVO.

Subsection 30(1) authorizes the person responsible for doing a thing under sections 28 or 29 to enter without an order onto any land or into any place where the thing is to be done or any adjacent land or place and specifies the conditions under which the entry may be effected.

Subsections 30(2) to (4) provide that a warrant may be obtained in order to gain entry to a private dwelling, or where entry has been refused or where there are grounds to believe that entry is likely to be refused. The reasonable use of force may also be granted by the warrant where required in the circumstances and subject to such conditions as may be contained in the warrant.

Subsections 30(5) and (6) set out the contents of a warrant and the manner in which a renewal may be requested.

Subsections 30(7) to (9) provide that the person authorized to enter premises or a conveyance may take steps and employ the assistance necessary to do the thing and to call on the police when obstructed.

Subsection 30(10) provides that an application for a warrant or its renewal may be made without notice to the owner or occupier of the premises.

Subsection 30(11) requires that the person exercising these powers explain the purpose of the entry and identify him/herself if requested by the owner or occupier of the premises.

Subsection 31(1) authorizes the CVO to require persons to pay the costs of having the thing done by an order of the Minister or the CVO.

Subsection 31(2) describes the contents of an order to pay costs.

Section 32 establishes the procedure to be followed to enforce and recover an order to pay costs and determines the date for the purposes of interest to be charged.

Provincial Traceability System

Subsection 33(1) provides that the Minister may establish and oversee the operation of a provincial traceability system for animals and animal-related things.

Subsection 33(2) provides that the Minister may require certain persons to take certain actions to support the establishment and effective operation of the system. It also sets out the information that these persons may be required to report to the Ministry or its designate at prescribed times.

Review of Inspectors' Orders

Subsections 34(1) to (5) establish the procedural requirements for a request to review inspectors' orders issued under sections 20 or 21. An oral or written request for review may be made within seven days of service of the order. These sections set out the contents required for a request for review of inspectors' orders and provide that there is no automatic stay of the order.

Subsections 34(6) and (7) provide that the director may revoke the order or, by order, confirm or alter an inspector's order and in certain circumstances may substitute his or her own opinion for that of the inspector.

Subsection 34(8) sets out the requirements for service of the director's decision.

Subsections 34(9) and (10) provide that where the director does not make a decision and gives the notice provided in subsection 34(8), the director is deemed to have confirmed the inspector's order and establishes who is deemed to have received notice of the decision for the purpose of an appeal to the Tribunal.

Hearings by Tribunal

Subsections 35(1) and (2) provide that a director is required to serve written notice of his or her decision with reasons where an order is made imposing or amending conditions, when suspending or revoking a licence, certificate, registration or permit or when a director refuses to issue or renew a licence, certificate, registration or permit.

Subsections 36(1) to (3) set out the circumstances under which there is a right to a hearing before the Tribunal and provide for the procedural requirements for a request for a hearing by the Agriculture, Food and Rural Affairs Appeal Tribunal (the Tribunal) for orders issued by a director under section 34 or 35. These circumstances include where a director confirms or alters an order of an inspector and where the CVO makes, amends or revokes an order.

Subsection 36(4) provides that a refusal by the director or the CVO to make, amend or revoke an order does not itself constitute an order.

Subsection 36(5) sets out the circumstances where a person is not entitled to request a hearing by the Tribunal.

Subsection 36(6) provides that in certain circumstances the Tribunal may be required to extend the time for the notice to request a hearing.

Subsections 36(7) and (8) set out the requirements of the notice requesting a hearing and provide that a person requesting a hearing is not entitled to appeal a portion of the licence, certificate, registration or permit that was not stated in the notice requesting the hearing, except with leave of the Tribunal.

Subsection 36(9) provides that the Tribunal may grant the leave referred to in subsection (8) if the Tribunal is of the opinion that it is proper to do so.

Subsection 36(10) sets out the circumstances under which the Tribunal may refuse to hear an appeal.

Subsection 36(11) identifies the parties to a hearing.

Section 37 provides that the commencement of a hearing is not a stay and provides for the granting of a stay, except under certain circumstances, the removal of a stay, application for and removal of a stay by a new party and the ability to impose conditions on granting or removing a stay.

Section 38 sets out the powers of the Tribunal and provides that a hearing by the Tribunal is a new hearing. It provides that after a hearing, the Tribunal may confirm, alter or revoke the action of the director, DCVO or CVO or by order direct the director, DCVO or CVO to take the action that the Tribunal considers the director, DCVO or CVO should take and, if it does one of those things, the Tribunal may substitute its opinion or belief for that of the director, DCVO or the CVO.

Administrative Penalties

Section 39 indicates administrative penalties may be established for the purpose of promoting compliance with the requirements established under the Act.

Subsections 40(1) to (3) provide that in certain circumstances and subject to regulations, a director or an inspector may issue a written notice requiring a person to pay an administrative penalty and the amount is to be set out in the notice. A limitation period of two years is established in these sections.

Subsection 40(4) provides that the maximum amount of an administrative penalty is $10,000 for notices issued by a director and $1,000 for notices issued by an inspector.

Subsection 40(5) sets out the contents that a notice of administrative penalty is required to have.

Subsections 40(6) and (7) provide that a person who receives a notice of administrative penalty may request a hearing before the Tribunal in the case of a notice issued by a director, and a review by a director, in the case of a notice issued by an inspector.

Subsection 40(8) provides that the requirement to pay an administrative penalty is stayed where the person requests review by a director or appeals to the Tribunal, as the case may be.

Subsections 40(9) to (13) provide that the Tribunal and the reviewing director may confirm, rescind or amend the notice. The regulations made governing administrative penalties apply to the Tribunal's decisions and director's review under this section. The reviewing director shall not vary the amount of the penalty specified in regulation unless the decision is to rescind the notice and the amount payable is nil.

Subsection 40(14) provides that a party to a hearing before the Tribunal has a right of appeal to the Divisional Court.

Subsections 40(15) to (18) provide that where the penalty is paid in accordance with the notice or decision, the person shall not be charged with an offence in respect of a contravention or failure to which a penalty relates. These sections set out the consequences for failing to pay an administrative penalty in accordance with the notice or decision, the manner in which the date for purposes of postjudgment interest may be determined and establishes that the debt is considered a debt to the Crown in right of Ontario.

Investigations

Subsection 41(1) indicates that a justice may issue a warrant authorizing an inspector to use any investigative technique or procedure or do any thing described in the warrant where there are reasonable grounds to believe that an offence has been, is being or will be committed and that evidence will be obtained.

Subsections 41(2) to (3) provide that the warrant may authorize that a person accompany and assist the inspector and authorize the taking of tests, measurements, samples and specimens, use of equipment, examinations and make records of the search.

Subsections 41(4) to (5) provide that the warrant is valid for 30 days or such shorter period as may be specified in it and that a justice may issue further warrants.

Subsection 41(6) clarifies that an inspector may still obtain a search warrant under Part VIII of the Provincial Offences Act.

Subsections 41(7) and (8) provide for searches without a warrant where the time required to obtain a warrant would lead to the loss, removal or destruction of evidence, but that these searches do not apply to any premises or part of a premises that is being used as a private dwelling.

Subsection 41(9) provides for the examination of information contained in or available to any computer or other device.

Section 42 provides for the seizure and forfeiture of certain things in certain circumstances.

Section 43 provides for the power to pass through other private property to reach land, buildings or other places where the inspector has the power of entry.

Section 44 provides for the ability to exempt an inspector from the provisions of this Act for the purpose of an inspection under sections 41 and 42.

Offences and Penalties

Sections 45 to 47 set out certain prohibitions.

Subsections 48(1) to (3) set out a list of provisions, the contravention of which, amounts to an offence and provides that a person who contravenes these provisions or a regulation is guilty of an offence.

Subsections 48(4) to (9) provide that movement or interference with an animal or animal-related thing where the animal or animal-related thing is detained under subsection 19(1) or segregated under subsection 19(3), failure to stop following the direction of an inspector under subsection 19(6), contravention of conditions in a licence, certificate, registration or permit, failure to pay a fee, concealment of a hazard, carrying on an activity for which a licence, certificate, registration or permit is required without having one, are all offences.

Subsections 48(10) to (11) provide for convictions of officers, directors, employees and agents of a corporation in certain circumstances.

Subsections 49(1) and (2) establish the penalties for individuals and corporations. For a first conviction, penalties for individuals are not less than $1,000 and not more than $15,000 for each day on which the offence occurs or continues. For subsequent convictions, the fine may be between $2,000 and $30,000 for each day on which the offence occurs or continues in addition to imprisonment for a term of not more than one year or both. Maximum penalties for corporations are double those established for individuals.

Subsection 49(3) sets out a list of the other statutes for which a conviction for a previous offence will determine whether a conviction under the Act is a subsequent offence.

Subsections 49(4) to (7) contain procedural aspects respecting offences and penalties. They provide that the Crown may require that a provincial judge preside over a proceeding in respect of an offence under the Act, set a two-year limitation period for prosecutions and provide that the Crown may apply for an order restraining a person from continuing a contravention or failure. It is also provides that a court convicting a person for an offence in certain circumstances may make an order prohibiting the continuation or repetition of the act or omission for which the person is being convicted.

Section 50 provides that the court convicting a person of an offence may increase the fine by an amount equal to the amount of the monetary benefit acquired or accrued to the person as a result of the commission of the offence.

Other Matters

Sections 51 contains provisions for service of documents other than an offence notice or a summons under the Act, including deemed service of documents sent by mail and by fax.

Section 52 contains a definition for "offence notice or summons." This section provides for service of offence notices and summonses for employers, owners and lessees in respect of conveyances.

Section 53 contains the provisions for service of offence notices and summonses on corporations, partnerships and sole proprietorships, and provides for substituted service.

Section 54 prohibits proceedings for damages in respect of any act or omission done in good faith in the execution of duties under the act for certain persons be commenced, with limited exceptions and provide for the circumstances under which the Crown is not relieved of liability.

Section 55 provides for the use of documents as evidence and their acceptance as proof of the facts therein. These sections contain a definition of the term "official document."

Section 56 provides for electronic management and filing of documents and their printed copies.

Section 57 provides that where one licence, certificate, registration or permit is granted to multiple persons, those persons are jointly and severally liable to comply with all conditions in the licence, certificate, registration or permit.

Section 58 deals with consequential authorities. It provides for authority to require certain persons to take any intermediate actions specified in an order related to the action or prohibition subject of the order, to order certain persons to permit access to places for work ordered to be done, and to amend and revoke orders.

Section 59 authorizes a director to amend or revoke a licence, certificate, registration, permit or order under certain circumstances.

Section 60 provides that certain sections of the Act bind the Crown.

Section 61 deals with circumstances where the Act binds certain successors, assigns, receivers, trustees, and certain others, and the extent of their liability.

Conflict

Section 62 provides that in the event of a conflict between an order made under this Act and an order made under subsection 13(1) of the Health Protection and Promotion Act in respect of an animal or animal-related thing, the CVO and Chief Medical Officer of Health shall receive notice of the conflict and shall resolve the conflict in such manner as they consider to be appropriate.

Regulations

Section 63 empowers the Lieutenant Governor in Council to make regulations dealing with various matters affecting the provisions and the administration of the Act, including the provincial traceability system, licences, registrations, certificates or permits, inspections, the protection of animal health, administrative penalties and compensation.

Section 64 authorizes the Minister to make regulations governing hazard and incident reporting, and other matters related to the administration of the Act such as the delegation of authority, establishing the fees that are payable in respect of matters under the Act, establishing committees, and the collection, use and disclosure of information.

Section 65 contains provisions respecting the making of regulations.

Section 66 contains provisions respecting the ability to make regulations respecting transitional matters.

Amendments to this Act

Section 67 sets out certain amendments to the Act necessary for the proper repeal of the Bees Act, the Livestock Community Sales Act and the Livestock Medicines Act.

Consequential Amendments to Other Acts

Section 68 makes consequential amendments to the Drug and Pharmacies Regulation Act related to the repeal of the Livestock Medicines Act.

Section 69 makes consequential amendments to the Farm Products Payments Act related to the repeal of the Livestock Community Sales Act.

Section 70 makes consequential amendments to the Food Safety and Quality Act, 2001 to modify the duty to report under section 13 of that Act and add the Animal Health Act, 2009 to the list of offences that are relevant for determining whether a conviction under that Act is a subsequent conviction.

Section 71 makes consequential amendments to the Veterinarians Act related to the repeal of the Livestock Medicines Act.

Repeals

Section 72 repeals the Bees Act.

Section 73 repeals the Livestock Community Sales Act.

Section 74 repeals the Livestock Medicines Act.

Commencement

Section 75 provides that the Act generally comes into force on a day to be named by proclamation of the Lieutenant Governor and sets out specific rules that apply with respect to the provisions related to the repeal of other Acts.

Short Title

Section 76 contains the short title of the Act.


For more information:
Toll Free: 1-877-424-1300
Local: (519) 826-4047
E-mail: ag.info.omafra@ontario.ca
Author: Jennifer Kidon - Coordinator, Animal Health/Veterinary Science and Policy/Animal Health and Welfare Branch/OMAFRA
Creation Date: 5 October 2009
Last Reviewed: 21 January 2010