This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
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Animal Health and Protection Regulations

made under Section 4 of the

Animal Health and Protection Act

R.S.N.S. 1989, c. 15

O.I.C. 2021-107 (effective April 27, 2021), N.S. Reg. 67/2021



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Citation

Definitions

Designation of inspectors

Chief Veterinary Officer

Provincially notifiable disease

Provincially reportable disease

Mandatory reporting of notifiable and reportable diseases

Establishment of quarantine area

Establishment of a surveillance zone

Powers of inspectors

Owner obligations

No interference, obstruction, provision of false information or withholding of information

Receipt by owner of written notice by Chief Veterinary Officer or inspector


 


Citation

1        These regulations may be cited as the Animal Health and Protection Regulations.


Definitions

2        In these regulations,

 

“Act” means the Animal Health and Protection Act;

 

“animal” includes animal by-product and animal product;

 

“animal by-product” includes blood and any of its components, bones, bristles, feathers, flesh, hair, hoofs, horns, offal, hides, furs, skin and wool;

 

“animal product” includes butter, cheese, cream, milk, eggs, meat, ova, semen and antlers;

 

“Chief Veterinary Officer” means the provincial veterinarian as described in Section 4;

 

“custodian” means a person who has custody of an animal;

 

“Department” means the Department of Agriculture;

 

“disease” means any condition that adversely affects the health of an animal and is a threat to the public interest and includes a disease designated by the Minister as a disease within the meaning of these regulations, but does not include a reportable or notifiable disease designated under another enactment, including an enactment of Canada;

 

“inspector” means a person designated as an inspector under these regulations;

 

“laboratory” includes the employees and representatives of the laboratory;

 

“outbreak of disease” means the presence of disease in animals which, in the opinion of the Chief Veterinary Officer, requires extraordinary means for control;

 

“owner” means a person who possesses or has charge of an animal;

 

“premises” means lands and buildings where animals are situated and includes sales barns and auction markets, but does not include a private dwelling;

 

“provincially notifiable disease” means an animal disease as described in Section 5;

 

“provincially reportable disease” means a reportable disease as described in Section 6;

 

“quarantine” means the isolation of premises and the prohibition of the movement of animals, animal products, hay, straw, fodder, or any other thing to or from the premises;

 

“vehicle” means any vehicle transporting animals and includes railroad cars;

 

“veterinarian” means a member of the Nova Scotia Veterinary Medical Association.


Designation of inspectors

3        The Minister may appoint veterinarians to be inspectors to administer the Act and these regulations.


Chief Veterinary Officer

4        (1)    The Minister must appoint a provincial Chief Veterinary Officer to administer the Act and these regulations.

 

          (2)    In the absence of the Chief Veterinary Officer, the Minister may temporarily delegate the powers and duties of the Chief Veterinary Officer to another veterinarian.

 

          (3)    The Chief Veterinary Officer or another veterinarian, in exercising powers under these regulations, may be accompanied by any person they consider necessary to enable them to exercise those powers.


Provincially notifiable disease

5        (1)    A provincially notifiable disease is a disease designated as a provincially notifiable disease by the Minister upon the recommendation of the Chief Veterinary Officer.

 

          (2)    The following factors may be considered when determining whether a disease should be designated as a provincially notifiable disease:

 

                   (a)      the potential for the creation of trade barriers;

 

                   (b)     the potential for the disease to spread;

 

                   (c)      any other factors that concern the public interest.

 

          (3)    If a disease is designated as a provincially notifiable disease, notice of that designation must be posted on the Department’s website.


Provincially reportable disease

6        (1)    A provincially reportable disease is a disease designated as a reportable disease by the Minister upon the recommendation of the Chief Veterinary Officer.

 

          (2)    The following factors may be considered when determining whether a disease should be designated as a provincially reportable disease:

 

                   (a)      whether there is a requirement to implement control or eradication measures to minimize the risk of the disease spreading;

 

                   (b)     whether products derived from a diseased animal are or might be unsafe or unfit for use or consumption;

 

                   (c)      whether the disease may be a threat to animal health, public health or the health of other living organisms;

 

                   (d)     threats to the economic interests of the animal industry;

 

                   (e)      whether the disease may be transmitted between animals and humans.

 

          (3)    If a disease is designated as a provincially reportable disease, notice of that designation must be posted on the Department’s website.


Mandatory reporting of notifiable and reportable diseases

7        (1)    All owners, custodians, veterinarians and laboratories that suspect or confirm that any animal is suffering from a provincially notifiable disease must report the suspicion or confirmation to the Chief Veterinary Officer in writing within 24 hours.

 

          (2)    All owners, custodians, veterinarians and laboratories that suspect or confirm that any animal is suffering from a provincially reportable disease must immediately report the suspicion or confirmation to the Chief Veterinary Officer by telephone and provide a written report to the Chief Veterinary Officer no later than 24 hours after reporting by telephone.

 

          (3)    Any report of suspected or confirmed disease made to the Chief Veterinary Officer under this Section must include all of the following information:

 

                   (a)      the name and contact information of the person who is making the report;

 

                   (b)     a description of the animal that is the subject of the report;

 

                   (c)      the civic address or premises identification number of the location of the animal, or any other directions necessary to find the animal;

 

                   (d)     the species of the animal;

 

                   (e)      the animal’s presumptive diagnosis;

 

                   (f)      the name and contact information of the owner of the animal, if known;

 

                   (g)     any additional information required by the Chief Veterinary Officer, if known, including,

 

                              (i)      the name and contact information of the animal’s veterinarian,

 

                              (ii)     the type of operation at which the animal is located,

 

                              (iii)    a description of the identifier that distinguishes the animal or group of animals within the herd or group, such as a tag number, animal identifier, group lot number or pen number,

 

                              (iv)    the total number of animals of the same species at the animal’s location,

 

                              (v)     a list of the other species of animals, and the number of animals of each species, present at the animal’s location,

 

                              (vi)    the total number of animals of all species that appear to be infected with the disease at the animal’s location,

 

                              (vii)   whether diagnostic samples have been submitted to a laboratory for testing,

 

                              (viii)  the results of any laboratory tests.

 

          (4)    If the Chief Veterinary Officer receives a report under subsection (1) or (2), the Chief Veterinary Officer may

 

                   (a)      authorize an inspector to conduct an inspection; and

 

                   (b)     take any steps necessary to suppress and control an outbreak of the disease.


Establishment of quarantine area

8        (1)    The Chief Veterinary Officer may order that an area or specific premises where there is an outbreak of disease be established as a quarantine area and may set out the geographical limits of that area.

 

          (2)    A quarantine area established under subsection (1) is subject to any restrictions regarding conduct in the quarantine area that are stipulated by the Chief Veterinary Officer, including restrictions regarding any of the following:

 

                   (a)      the movement of persons into, from or within the quarantine area;

 

                   (b)     the possession of animals or things within the quarantine area;

 

                   (c)      the transportation of animals or things within the quarantine area;

 

                   (d)     the handling or managing of quarantined animals or things.

 

          (3)    A notice must be prepared regarding the establishment of a quarantine area under subsection (1) in a form prescribed by the Chief Veterinary Officer.

 

          (4)    A notice prepared under subsection (3) must be

 

                   (a)      delivered to the owner or occupier of the premises in the quarantine area; or

 

                   (b)     if the form cannot be delivered to the owner or occupier of the premises in the quarantine area, posted on the property.


Establishment of a surveillance zone

9        (1)    The Chief Veterinary Officer may order that an area around a quarantine area be established as a surveillance zone and may set out the geographical limits of that area.

 

          (2)    A surveillance zone established under subsection (1) must be

 

                   (a)      established using a form prescribed by the Chief Veterinary Officer; and

 

                   (b)     subject to any restrictions determined by the Chief Veterinary Officer.


Powers of inspectors

10      An inspector appointed under Section 5 of the Act may

 

                   (a)      enter any premises or vehicle

 

                              (i)      to inspect that premises or vehicle,

 

                              (ii)     to test for any disease, or

 

                              (iii)    for the purpose of diagnosis, treatment and control of any disease;

 

                   (b)     determine identification procedures to be employed and publicize those procedures;

 

                   (c)      require the production for inspection of any books, records or other documents that contain or that an inspector believes may contain any information regarding the keeping or transporting of animals infected or suspected of being infected with a disease and examine and make copies of those documents in whole or part;

 

                   (d)     inspect any animal infected or suspected of being infected with a disease;

 

                   (e)      seize, analyze and detain any of the following until they are released either by an inspector or upon the final disposition of any prosecution instituted for contravention of the Act or these regulations:

 

                              (i)      any animal or specimen infected with or suspected of being infected with a disease,

 

                              (ii)     any part or dung of any animal infected with or suspected of being infected with a disease,

 

                              (iii)    any hay, straw, litter, specimen or other thing related to an animal that is contaminated or suspected of being contaminated or otherwise associated with a disease;

 

                   (f)      for the purpose of conducting an examination or inspection of an animal in order to determine whether the animal is infected with a disease, stop and inspect any vehicle and its load if an inspector believes the animal is or has been transported in the vehicle;

 

                   (g)     direct the means by which an animal infected or suspected of being infected with a disease may be moved or transported from or into a quarantine area;

 

                   (h)     prohibit the movement or transportation of animals infected or suspected of being infected with a disease;

 

                   (i)      prohibit the sale or disposition of an animal infected with a disease;

 

                   (j)      under the direction of the Chief Veterinary Officer,

 

                              (i)      impose any restrictions with respect to the quarantine area that an inspector deems advisable,

 

                              (ii)     order the manner of destruction and disposal of an animal infected with a disease,

 

                              (iii)    order the slaughter of an animal infected with a disease and prescribe the manner and place of the slaughter,

 

                              (iv)    order the method of disposal of carcasses or contaminated material and the cleansing and decontamination of infected premises,

 

                              (v)     vaccinate or order the vaccination of an animal,

 

                              (vi)    order the removal of animals from a quarantine area or outbreak area directly to meat plants, slaughterhouses or abattoirs for immediate slaughter despite subsection 8(2);

 

                   (k)     carry out any measures that the Chief Veterinary Officer deems advisable to eradicate, control or prevent an outbreak of a disease.


Owner obligations

11      (1)    The owner of an animal that is suspected of having a disease must provide appropriate facilities and render any necessary assistance to an inspector to enable the inspector to properly examine the animal and collect necessary specimens.

 

          (2)    If an owner fails to provide appropriate facilities, an inspector may, at the owner’s expense, remove the suspect animal to a location where the examination may take place.

 

          (3)    An owner must comply with any order or direction made under this Act or these regulations.


No interference, obstruction, provision of false information or withholding of information

12      (1)    A person must not interfere with or obstruct another person in the exercise of their powers or the performance of their duties under the Act.

 

          (2)    A person must not knowingly provide the Chief Veterinary Officer or inspector with false information or neglect or refuse to provide information required by the Chief Veterinary Officer or inspector to exercise their powers or perform their duties under the Act or these regulations.


Receipt by owner of written notice by Chief Veterinary Officer or inspector

13      Any written notice by the Chief Veterinary Officer or an inspector that is required by these regulations is deemed to be received by the owner or occupier

 

                   (a)      on the day it is delivered in person to the owner or occupier;

 

                   (b)     on the day it is posted in a prominent place on the premises of the owner or occupier; or

 

                   (c)      5 days after it was sent by prepaid certified mail to the last known address of the owner or occupier.



 

 


Legislative History
Reference Tables

Animal Health and Protection Regulations

N.S. Reg. 67/2021

Animal Health and Protection Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Animal Health and Protection Regulations made under the Animal Health and Protection Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

67/2021

Apr 27, 2021

date specified

May 7, 2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

 

 

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

82/1987

Animal Health and Protection Regulations

Feb 1, 1987

Apr 27, 2021

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.

 

 

 


Webpage last updated: 13-05-2021