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