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Bovine Spongiform Encephalopathy Risk Assessment on Bovine Spongiform
Encephalopathy in Cattle in Canada
Part A: Evaluation of Risk Factors
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of appendices | Acronyms | Acknowledgments
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Part A | Part B | Part C
4. LEGISLATIVE AUTHORITY AND VETERINARY INFRASTRUCTURE
The Minister of Agriculture and Agri-Food is responsible for and has overall direction
of the CFIA. The CFIA is responsible for the administration and enforcement of legislation
related to food safety and animal health. The following acts and regulations are relevant
in the prevention and control of BSE:
- Health of Animals Act and Regulations (1990, c. 21)
- Meat Inspection Act and Regulations (R.S. 1985, c. 25 (1st Supp.))
- Feeds Act and Regulations (R.S. 1985, c. F-9)
- Agriculture and Agri-Food Administrative Monetary Penalties Act and Regulations
(1995, c. 40)
In general, the language used in the acts and regulations is broad, and specific
actions and criteria are established in CFIA-issued policies and directives. This is an
advantage in that policies and directives can be produced quickly and are relatively easy
to amend in response to new scientific information, rather than legislative amendments,
which can take much longer periods of time.
In cases of non-compliance, the following enforcement and compliance options are
available to the CFIA:
- issuing a written warning letter;
- suspending or withdrawing a permit or registration;
- ordering imported products to be returned to the country of origin or destroyed;
- refusing to issue an import permit or export certificate;
- issuing a quarantine notice;
- imposing monetary penalties; and
- prosecuting the non-compliant individual(s).
Unofficial versions of the legislation mentioned above may be viewed at http://laws.justice.gc.ca.
The legislative material on this site has been prepared for reference only and may not
reflect recent amendments. For the purpose of interpreting and applying the law, users
should consult:
The following section gives a general overview of these acts and regulations. More
details on their application are provided in individual sections of this document. A
chronological overview of the Canadian legislative changes made between 1982 and 2001 in
response to the threat of BSE may be found in Appendix 1.
4.1.1. Health of Animals Act and Regulations
The Health of Animals Act (Appendix 3) is the principal authority that the CFIA applies to
regulate animal diseases and toxic substances. The purpose of the Act and its Regulations
is to prevent the introduction of animal diseases into Canada, to control and eliminate
diseases 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. The Act and Regulations regulate international trade in live animals, animal
products and by-products, animal feed, veterinary biologic and biotechnology products.
They provide for the approval and registration of private quarantine premises, for the
control of infected places, and for approval and registration of establishments involved
in importation (animals, animal products and veterinary biologic products).
The Act authorizes the development of regulations for the purpose of protecting human
and animal health through the control or elimination of diseases and toxic substances. To
prevent, control and eliminate serious diseases like livestock transmissible spongiform
encephalopathies, the Health of Animals Regulations, the Reportable Diseases
Regulations, and the Compensation for Destroyed Animals Regulations were set
out under this Act.
CFIA inspectors are authorized under the Act to enter premises, open receptacles or
things, require presentation of animals for inspection, examine any animal or thing,
require production of documents, conduct tests or analyses, seize and detain animals, and
enter a dwelling place with a warrant.
Offences and punishments are outlined for contravention of any provision of the Act and
Regulations. Any violation to most provisions of this Act and Regulations may also be
punishable under the Agriculture and Agri-Food Administrative Monetary Penalties Act
and Regulations.
4.1.2. The Health of Animals Regulations
The Health of Animals Regulations (Appendix 4) specify
requirements relating to the prevention, control and elimination of diseases and the
humane treatment of animals during transport. These requirements are met by applying a
broad range of rules, including, but not limited to, the control of animal movements;
identification; quarantine; importation of animals, animal products and animal
by-products; destruction of diseased animals; and control of veterinary biologics. The
regulations are divided into ten parts and six schedules, of which the following are
related to the control of BSE.
Part I (Segregation and Inspection of Animals) defines the inspector’s authority
to order the person having possession, care or custody of the animal to keep the animal
separate for inspection and testing, to quarantine, to destroy, dispose of its carcass,
and to request documentation.
Part II (Importation) regulates the import of live animals. The Minister may designate
countries or parts of countries as free from the disease specified. Live animals imported
from countries other than the U.S. must be accompanied by an official certificate stating
that the animal meets Canadian import requirements.
Part IV (Importation of Animal By-Products, Animal Pathogens and other things sets out
the rules for importing animal by-products, such as rendered animal products, garbage,
blood or serum (other than veterinary biologics) and other animal products. From countries
other than the U.S., these products must be accompanied by an official certificate stating
that they meet Canadian import requirements.
Part VII (Quarantine of Imported Animals) stipulates that all animals imported into
Canada are subject to inspection, testing and treatment at a quarantine place approved by
the Minister. The Minister also has the authority to order any imported animal quarantined
and to request that such an animal be destroyed or removed from Canada if it fails to
prove negative to any test for a disease.
Part IX (Eradication of Diseases) regulates the establishment of an eradication area
and the obligation to possess a permit to move an animal from an eradication area. The
Minister may designate the animals infected or contaminated by a disease and order them to
be segregated, inspected, and tested.
Part X (General Provisions) prescribes the quarantine notification to be given by an
inspector and prohibits any person to do, or permit to be done, any of the listed actions
on the animal, disease agent or thing quarantined, without authorization. A person who
owns, has the possession, care or control of a quarantined animal has the responsibility
to notify a veterinary inspector of any quarantined animal that appears sick and to comply
with any notice of quarantine. Public sales, animal markets, and auctions (Sections 92 to
97) must maintain records for every animal received and sold. The use of edible residual
material in feeding swine or poultry is regulated under Part X (Sections 111 to 113), as
is the disposition of a diseased carcass (Section 114).
Part XI (Veterinary Biologics) requires that a permit be obtained to release and to
import a veterinary biologic and that information be provided for the purpose of obtaining
a permit. The manufacturer must show that a biologic is unlikely to pose a risk of harm to
the environment or to human or animal health. The requirements to obtain an establishment
and product licence and the conditions of operations in a licenced establishment are also
set out in this part.
Part XIII (Permits and Licences) sets out the requirements to obtain a permit or
licence.
Part XIV (Food for Ruminants, Livestock and Poultry) defines “prohibited
material” as “anything that is, or that contains any protein that originated
from a mammal, other than a porcine or an equine. It does not include milk, blood,
gelatin, rendered animal fat or their products” (Section 162) and prohibits the
feeding of this material to ruminants. This part prohibits the production and the
importation of rendered material without a permit and identifies the obligation to keep
records and to place a warning label if the feed contains prohibited materials. The
importation, manufacturing, packaging, labelling, storage, distribution, sale or
advertisement for sale of animal food or animal food for ruminants that contains
prohibited material is regulated within this part.
Part XV (Animal Identification) regulates the approval and issuance of identification
devices, the obligation to keep records, and the requirement to identify an animal under a
national identification program for animals.
4.1.3. Reportable Diseases Regulations
Pursuant to Section 2 of the Health of Animals Act, the Minister may designate
reportable diseases. If a disease is reportable, persons having the care of animals are
obliged to notify without delay the nearest veterinary inspector of the presence of a
reportable disease or the suspicion that an animal is infected with a reportable disease.
In November 1990, the Minister of Agriculture named BSE a reportable disease. Scrapie and
chronic wasting disease (CWD) were named reportable diseases in 1945 and 2001
respectively.
4.1.4. Compensation for Destroyed Animals Regulations
These regulations establish the maximum amount of compensation payable for an animal
that is destroyed or required to be destroyed under the Health of Animals Act and
Regulations. The Compensation for Destroyed Animals Regulations also set
out rules to compensate for carcass disposal costs paid by the owner.
4.1.5. Meat Inspection Act and Regulations
The Meat Inspection Act and Regulations regulate:
- the international and interprovincial trade in meat and meat products;
- the registration of establishments (slaughterhouse, processing/packaging, and cold
storage);
- the inspection of animals and meat products in registered establishments; and
- the standards for animals slaughtered and for meat products prepared in those
establishments.
The Act and its Regulations play a role in animal health programs by regulating meat
products, ante-mortem and post-mortem inspection, slaughter, animal condemnation, and
disposition. Under the Meat Inspection Act and Regulations, federal
inspectors are required to be present in federally registered slaughterhouses, may enter
premises or vehicles, open packages, inspect and take samples, require production of
documents, seize and detain meat, and enter a dwelling place with a warrant. The Act makes
provision for offences and punishment for persons in contravention of the Act and
Regulations.
4.1.6. Feeds Act and Regulations
The Feeds Act controls and regulates substances manufactured, imported, sold
or represented for use for consumption by livestock. Feeds may only be manufactured, sold
or imported into Canada if they are registered (with some exclusions), conform to
standards and are labelled, or are exempt from these provisions, as prescribed in the
regulations.
The CFIA regulates the use of ingredients in livestock feeds. Section 2 of the Act
defines feeds as: “any substance or mixture of substances containing amino acids,
anti-oxidants, carbohydrates, condiments, enzymes, fats, minerals, non-protein nitrogen
products, proteins or vitamins, or pelletizing, colouring, foaming or flavouring agents
and any other substance manufactured, sold or represented for use:
- for consumption by livestock;
- for providing the nutritional requirements of livestock; or
- for the purpose of preventing or correcting nutritional disorders of livestock, or any
substance for use in any such substance or mixture of substances.”
Using the authority of the Feeds Act, the CFIA administers a national
livestock feed program to verify that all livestock feeds manufactured and sold in Canada
or imported into Canada are safe, effective and are labelled appropriately. The Feed
Regulations outline feed registration requirements, standards as to composition,
freedom from contamination, and labelling requirements. Regulated feeds are divided into
two categories: feed ingredients and mixed feeds.
Inspectors designated under the CFIA Act may enter premises, open packages,
examine feed, take samples, require documentation, seize and detain articles, and enter a
dwelling place with a warrant. The Act also makes provisions of offences and punishment
for every person who is guilty of contravening any provisions of the Act and Regulations.
4.1.7. Agriculture and Agri-Food Administrative Monetary Penalties Act
and Regulations
The Agriculture and Agri-Food Administrative Monetary Penalties Act
establishes a fair and efficient administrative monetary penalty system for the
enforcement of the Health of Animals Act and other acts legislated by the
agri-food acts. It is used as an alternative to the existing penalty system and as a
supplement to existing enforcement measures. Administrative monetary penalties (AMPs)
emphasize compliance rather than punitive action and provide for more immediate
enforcement and corrective action.
The CFIA is proposing to add provisions to the AMPs that would identify violations of
Part XIV (Food for Ruminants, Livestock and Poultry) and Part XV (Animal Identification)
of the Health of Animals Regulations.
4.2. Veterinary Infrastructure
In Canada there are approximately 8,720 veterinarians (Canadian Veterinary Medical
Association November 2001) and approximately 3,000 registered animal health-veterinary
technicians/ technologists (Canadian Association for Animal Health
Technologists/Technicians January 2002). A breakdown of the geographic distribution of
veterinarians and practice types in Canada may be found in Appendix 5.
Although there are no specific statistics available for the veterinarians providing
services to cattle farms, it should be noted that most commercial dairy farms are enrolled
in health management programs that include regular monthly visits by their veterinarian.
Similarly, most large cattle feedlots have engaged the services of their veterinarian for
regular farm visits to view the animals on feed and to discuss any health and production
problems. Cow-calf farms using health management normally schedule quarterly farm visits
with their veterinarian for health management procedures. For those not using health
management, veterinarians would be on-farm frequently during the spring calving season and
in the fall for pregnancy checks and to assist in culling decisions.
In Canada, veterinary licensure is the responsibility of provincial and territorial
veterinary bodies, authorized by acts of the provincial and territorial governments. In
addition, there is a national organization, the Canadian Veterinary Medical Association
(CVMA), which co-ordinates the National Examining Board examinations.
Licencing for veterinarians requires graduation from a recognized veterinary school,
and may also require completion of all or part of the National Examining Board of the
CVMA. In some cases, maintenance of a general licence requires the demonstration of
continuing education.
Canada has four veterinary colleges, each accredited by the American Veterinary Medical
Association. A minimum of two years of pre-veterinary studies are required before
candidates can be admitted to the four-year veterinary program (five-year program in
Quebec), and admission requests greatly exceed the available vacancies. Approximately 305
students are admitted annually to the Doctor of Veterinary Medicine degree in Canadian
universities.
There is a diverse network of animal health laboratories across Canada, including
laboratories operated by the federal and provincial governments, universities and private
firms. Services provided include necropsy, histopathology, clinical immunology,
microbiology, molecular biology, serology, and virology.
4.2.1. Organization and Structure of Canadian National Veterinary Services
The CFIA is the Veterinary Administration, as defined in the OIE Animal Health Code
(Article 1.1.1). It is a science-based federal regulator of food, animals and plants, and
is committed to enhancing the safety of federally regulated food, contributing to the
health and welfare of animals, and protecting the plant resource base.
With its headquarters in Ottawa and a program and operations network throughout Canada
(Figure 4), the CFIA delivers its mandate through 4 area offices
(Atlantic, Quebec, Ontario and Western), 18 regional offices, 185 field offices and
hundreds of offices in non-governmental and commercial establishments. In addition, the
CFIA has 21 laboratory and research facilities across Canada.
The CFIA controls specified animal diseases, regulates animal feed and veterinary
biologics, performs tests on animals exported from and imported into Canada, and is also
responsible for the control of zoonotic diseases. In addition, the CFIA monitors
businesses engaged in the international or domestic movement of animals for compliance
with regulations pertaining to the humane transportation of animals. Canada is a
long-standing member of the OIE, consistently fulfilling its reporting requirements, and
uses the Animal Health Code as the relevant standard for zoo-sanitary control.
The CFIA has a comprehensive veterinary infrastructure that provides for disease
surveillance and control:
- Canada has about 500 official veterinarians who are qualified and well-trained;
- official services are complemented by private sector and industry veterinarians;
- the legislation is modern and establishes controls over the entire food production
continuum—from farm to plate; and
- Canada has effectively controlled or eradicated many serious animal diseases and
enforces international standards relevant to the use of drugs and other treatments in
animals.
A highly effective veterinary infrastructure is in place to verify that controls are
being properly enforced, as values and ethics are considered important by the Government
of Canada (Treasury Board of Canada 2000). Canada is recognized internationally as having
a very low level of corruption (Corruption Index 2000).
Figure 4: The Organizational Structure of the Canadian Food
Inspection Agency (Click on thumbnail to see a larger image.)
4.2.1.2. Material (including financial) Resources
Material and financial allocations provide for well-qualified and well-equipped staff
to deliver national veterinary services. Of a total of CDN $442 million in expenses in
2001, the CFIA spent CDN $88 million (or about 20%) on animal health programs.
The CFIA's effort to mitigate risks will continue to require a significant resource
commitment, particularly when international circumstances call for heightened vigilance
and protection.
4.2.1.3. Human Resources
The CFIA employs approximately 4,800 staff. These include highly trained front-line
inspectors, veterinarians, agronomists, biologists, chemists, administrative staff,
computer systems specialists, financial officers, communications experts, research
scientists, laboratory technicians, and managers (CFIA Annual Report 2000–2001).
Over 300 veterinarians, along with over 1,000 lay inspectors, are employed in the
various regions of Canada to implement animal health and meat hygiene programs and would
therefore be involved with BSE surveillance. Federal veterinarians are assisted in
surveillance by a formal network of federal, provincial, academic and practising
veterinarians (see Part B: BSE Surveillance and Related
Activities, Section 3.3.3).
Veterinarians employed by the CFIA must have a degree in veterinary medicine from a
recognized university and be eligible for membership in a Canadian Veterinary Medical
Association.
4.2.1.4. Laboratory Services
The CFIA operates 21 laboratories across Canada, providing both research and diagnostic
services. The distribution of CFIA laboratories across Canada is available in Appendix 6. Of these, 5 are directly involved in the
provision of animal health diagnostic services supporting the Animal Health Program of the
CFIA and have been accredited or are actively seeking accreditation by the Standards
Council of Canada according to guidelines of the International Standards Organization (ISO
25 or 17025).
In addition to CFIA-operated laboratories, a number a laboratories are accredited by
the CFIA to perform specific diagnostic tests. A description of the accreditation process
as well as a list of accredited laboratories across Canada is found in Appendix 6.
4.2.1.5. Provincial Veterinary Services
The provincial governments play important supporting roles in the areas of disease
diagnosis, surveillance and control for the CFIA’s national Animal Health Program.
These provincial functions have their origins in a longstanding rapport with the federal
government developed over many decades of disease control work. Close relationships
between federal and provincial animal health diagnostic laboratories ensure co-operation
in disease control and consistency in diagnostic protocols.
In addition, the provincial governments take the lead role in detection and control of
the several dozen OIE List B diseases that do not fall under the federal reportable
disease list. Emerging diseases are also included in the domain of their investigations.
Communication among the provinces and CFIA pertaining to these “non-program”
diseases is ongoing, through a formal mechanism called the Canadian Animal Health Network.
The CFIA plays a supporting role in this network; the provincial-federal weighting of
veterinary infrastructure is reversed from that described above.
The Canadian federal and provincial veterinary infrastructures are complementary for
national-level animal disease detection and control — this co-operation has created a
valuable interdependence.
The role the provinces play in disease surveillance is described in Part B, Section 3.3.3.
4.3 SUMMARY - LEGISLATIVE AUTHORITY AND VETERINARY INFRASTRUCTURE
The Minister of Agriculture and Agri-Food is responsible and has overall
direction of the CFIA, which administers and enforces pertinent legislation related to
food safety and animal health.
The Health of Animals Act and Regulations is the
primary authority used by the CFIA to regulate animal diseases and toxic substances. The
Act prevents the introduction of animal diseases into Canada, controls and eliminates
diseases that affect human health or could have a significant economic impact on the
Canadian livestock industry, and provides for humane treatment of animals during
transport.
The Meat Inspection Act and Regulations regulate meat
products, ante- and post-mortem inspection, slaughter, animal condemnation and disposition
The Feeds Act and Regulations regulate substances
manufactured, imported, sold or represented for use for consumption by livestock. The CFIA
administers a national livestock feed program under authority of the Act to verify that
all livestock feeds manufactured and sold in Canada or imported into Canada are safe,
effective, and labelled properly.
The Agriculture and Agri-Food Administrative Monetary Penalties Act
and Regulations establish a fair and efficient administrative monetary penalty
system for the enforcement of the Health of Animals Act.
In Canada there are approximately 8,720 veterinarians. There are four
veterinary colleges, as well as a network of animal health laboratories across the
country.
The CFIA employs approximately 4,800 staff, including a comprehensive
veterinary infrastructure of about 500 veterinarians, providing for disease surveillance
and control.
Introduction | Assumptions and methods | Demographics and industry characteristics | Legislative authority
and veterinary infrastructure | Import | Slaughter and disposition | Rendering | Feed | References
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