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EXTRA Vol. 139, No. 1Canada Gazette Part II OTTAWA, MONDAY, JANUARY 31, 2005 Registration HEALTH OF ANIMALS ACT Regulations Amending the Animals of the Family Bovidae and Their Products Importation Prohibition Regulations, No. 2The Minister of Agriculture and Agri-Food and the Solicitor General of Canada, pursuant to section 14 of the Health of Animals Act (see footnote a), hereby make the annexed Regulations Amending the Animals of the Family Bovidae and Their Products Importation Prohibition Regulations, No. 2. Ottawa, January 30, 2005
REGULATIONS AMENDING THE ANIMALS AMENDMENT 1. The portion of subsection 2(1) of the Animals of the Family Bovidae and Their Products Importation Prohibition Regulations, No. 2 (see footnote 1) before paragraph (a) is amended by replacing the reference "January 30, 2005" with the reference "March 31, 2005". COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT (This statement is not part of the Regulations.) Description The purposes of the Health of Animals Act (the "Act") and the Health of Animals Regulations (the "Regulations") are to prevent the introduction of animal diseases into Canada, to prevent the spread within Canada of diseases of animals that either affect human health or could have a significant economic effect on the Canadian livestock industry, and to provide for the humane treatment of animals during transport. On December 23, 2003, the United States Department of Agriculture reported the discovery of a potential case of a dairy cow infected with Bovine Spongiform Encephalopathy (BSE) in Washington State. Subsequent testing confirmed the initial finding. Bovine Spongiform Encephalopathy, or "mad cow disease", is a progressive, fatal neurological disease in cattle. It is part of a group of diseases known as transmissible spongiform encephalopathies (TSEs), which group also includes scrapie in sheep, chronic wasting disease in deer and elk, and variant Creutzfeldt-Jakob disease (vCJD) in humans. Research into BSE is ongoing, but this disease has been associated with the presence of an abnormal prion protein and, to date, there is no effective treatment or vaccine. Section 14 of the Act grants the Minister of Agriculture and Agri-Food authority to make regulations prohibiting the importation into Canada of an animal or any other thing from any place for a specified period of time for the purpose of preventing a disease from being introduced into or spread within Canada. The CFIA implemented, under this authority, a broad restriction on US animals and their products through an emergency direction based upon the belief that the discovery of a US-based case of BSE presented public and animal health threats to Canada. These restrictions were formalized through the Animals of the Family Bovidae and Their Products Importation Prohibition Regulations, made on January 21, 2004, and then, in response to the continuing evolution of the situation, modified by the Animals of the Family Bovidae and Their Products Importation Prohibition Regulations, No. 2 on April 23, 2004. The importation prohibition regulations represent a partial prohibition on the importation of the animals and their products from the United States, which animals and their products may carry an unacceptable risk of carrying BSE. It prohibits the importation of: (i) live animals of the family Bovidae, which includes cattle, bison, water buffalo, sheep and goats; (ii) meat or meat products from the animals of the family Bovidae and things containing such meat or meat products; (iii) animal food containing ingredients derived from animals of the family Bovidae; (iv) fertilizer, excluding manure, containing ingredients from animals of the family Bovidae; and (v) specified risk material. Examples of exempted animals and products included feeder calves (bob calves), animals for temporary stay in Canada (less than 30 days), meat of animals of the sub-family Bovinae under 30 months of age as well as boneless meat from sheep and goats under 12 months of age. Commercial petfood containing ingredients derived from animals of the sub-family Bovinae provided that the product is derived from animals from which the specified risk material has been removed, or that is derived from animals from Argentina, Australia, Brazil, Canada, Chile, New Zealand or Uruguay, and meat products destined for cruise ships temporarily docked in Canada are also exempted from the prohibition. These Regulations were set to expire on January 30, 2005; however, it is important that certain import controls on animals and products imported from the US remain in place because of the ongoing risk factors. This amendment extends the operation of the importation prohibition regulations for an additional two months. Alternatives Status Quo Not enacting the amendment to the importation prohibition regulations is unacceptable as the current regulations expire on January 30, 2005, and importation restrictions are necessary to maintain protection against the importation of animals and their products constituting a significant risk for carrying BSE. Extend Prohibition Regulations (preferred option) By prohibiting the importation of the animals and other things set out in the Regulations, the CFIA will continue to protect Canadian livestock and consumers against exposure to BSE. Benefits and Costs Benefits Implementation of these Regulations assists in the prevention of additional cases of BSE in Canada and minimizes the risk of the transmission of BSE to the human food supply. Costs These Regulations will not affect the current costs to industry given that an import prohibition is already in effect. Consultation Health Canada, Agriculture and Agri-Food Canada and International Trade Canada have been kept apprised of CFIA actions. Affected stakeholders have continued to express their views on the prohibition and the evolving situation to the CFIA. Compliance and Enforcement Section 16 of the Act requires anyone importing any animal or thing into Canada to present the animal to an inspector, officer or officer of the Canadian Border Services Agency. Section 65 of the Act, S.C. 1990, c. 21 establishes offences for refusing or neglecting to perform any duty imposed by or under the Act or its Regulations. Contact Ms. Linda Morrison S.C. 1990, c. 21 SOR/2004-90 |
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