Bill 47 - Livestock Health Act

BILL 47

Livestock Health Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

DEFINITIONS AND APPLICATION

Definitions

1 The following definitions apply in this Act.

“animal by-product” means a part obtained from livestock or livestock carcasses for a purpose other than human consumption, including (sous-produit animal)

(a) blood, urine, saliva, manure, waste and anything containing or derived from any of those things,

(b) antlers, bones, bristles, feathers, flesh, hair, hides, skins, hoofs, horns, offal and anything containing or derived from any of those things, and

“animal product” means material derived from livestock or livestock carcasses when a principal intention of livestock operation is to produce the material for consumption or other use by humans or animals, including (produit animal)

(a) reproductive animal material, including ova, embryos and semen,

(b) meat,

(d) eggs,

(e) fibre derived from animals,

(f) hides, skins and pelts, and

(g) other material prescribed by regulation as an animal product.

“Board” means the Agriculture Appeal Board established under section 2 of the Agriculture Appeal Board Act. (Commission)

“Chief Veterinary Officer” means the Chief Veterinary Officer appointed under section 6. (chef des services vétérinaires)

“compensation fund” means a compensation fund established under subsection 5(1). (fonds d’indemnisation)

“Department” means the Department of Agriculture, Aquaculture and Fisheries. (ministère)

“designated hazard” means a hazard prescribed by regulation as a designated hazard. (danger pour la santé désigné)

“equipment” means materials and tools used in livestock operation and related activities. (équipement)

“hazard” means, in relation to livestock, a disease, disease agent, parasite, pest, invasive species, predator, toxin or contaminant. (danger pour la santé)

“livestock” means animals raised in a livestock facility and includes swine, cattle, sheep, goats, horses and poultry and any other animal prescribed by regulation. (bétail)

“livestock facility” means a livestock facility as defined in the Livestock Operations Act. (installations pour le bétail)

“livestock operation” means livestock operation as defined in the Livestock Operations Act. (élevage de bétail)

“livestock producer” means a person, whether an individual or a corporation, who (éleveur de bétail)

(a) carries on livestock operation,

(b) is an owner of livestock, or

“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“poultry” means domestic birds and fowl. (volaille)

“registry” means the provincial registry of livestock producers established under subsection 4(1). (registre)

“reportable hazard” means a designated hazard prescribed by regulation as a reportable hazard or declared to be a reportable hazard in an order of the Chief Veterinary Officer under section 9. (danger pour la santé à signalement obligatoire)

“veterinarian” means a person who is licensed to practise veterinary medicine under the Veterinarians Act. (vétérinaire)

Application

2( 1) Subject to subsection (2), this Act applies to all livestock producers and to any person having care and control of livestock in a livestock facility in the Province.

2( 2) This Act or any provision of the Act does not apply to

(a) a person or class of persons prescribed by regulation,

(b) an activity or class of activity prescribed by regulation,

(d) an animal product or animal by-product prescribed by regulation.

2( 3) A person exempted from the application of this Act or any provision of it shall comply with any terms and conditions prescribed by regulation.

PART 2

LIVESTOCK OPERATION MANAGEMENT

Agreements

3( 1) If the Minister considers agreements necessary or expedient for the administration of this Act, the Minister may enter into agreements with any organization, agency, person or Minister of the Crown, or with the government of a province or territory of Canada, or the Government of Canada or a foreign country or state.

3( 2) Without limiting the generality of subsection (1), the Minister may

(a) enter into agreements with one or more provincial or territorial governments, the Government of Canada or their agencies for the joint establishment and operation of programs for livestock health and may confirm, ratify, alter and amend any agreements, and

(b) establish any intergovernmental or other committees that the Minister considers necessary for the implementation of an agreement referred to in paragraph (a).

Provincial livestock producer registry

4( 1) The Minister may establish and maintain a registry of livestock producers in the Province.

4( 2) The purpose of the registry is to establish a traceability system for livestock in the Province and to facilitate the provision of services prescribed by regulation.

4( 3) The registry shall contain the information, including personal information relating to a livestock producer, prescribed by regulation.

Compensation fund

5( 1) The Minister may establish a fund to be used for the purpose of compensating livestock producers for losses.

5( 2) The Minister shall administer any fund established under subsection (1) subject to and in accordance with the regulations.

PART 3

LIVESTOCK HEALTH

Appointment of Chief Veterinary Officer

6( 1) The Minister shall appoint a veterinarian who is an employee of the Department as Chief Veterinary Officer.

6( 2) The Chief Veterinary Officer shall exercise the powers and perform the duties imposed on the Chief Veterinary Officer under this Act and the regulations.

6( 3) The Chief Veterinary Officer is responsible for the general supervision and direction over inspectors and may exercise all the powers of an inspector.

6( 4) The Chief Veterinary Officer may access the registry and any database or information system of the Minister for the purpose of exercising the powers or performing the duties of the Chief Veterinary Officer.

6( 5) The Chief Veterinary Officer may collect from and disclose to the Department any information, including personal information, prescribed by regulation relating to a person or matter under this Act and the regulations.

6( 6) The Chief Veterinary Officer may designate one or more persons to act on the Chief Veterinary Officer’s behalf.

Powers of the Chief Veterinary Officer

7 The Chief Veterinary Officer may, in the Chief Veterinary Officer’s discretion,

(a) direct an inspector or any other suitable person to investigate any suspected or actual designated hazard or reportable hazard,

(b) cause tests and other scientific investigations to be conducted with a view to determining the presence, nature and source of a suspected or actual designated hazard or reportable hazard, using the methods prescribed by regulation,

(d) take measures to dispose of abandoned livestock carcasses.

Approvals

8( 1) At the request of any person, the Chief Veterinary Officer may grant in writing an approval to carry out any activity prescribed by regulation.

8( 2) An application for an approval shall be made to the Chief Veterinary Officer on a form provided by the Chief Veterinary Officer and accompanied by any information the Chief Veterinary Officer requires and the fee prescribed by regulation, if any.

8( 3) The Chief Veterinary Officer may make approvals subject to the terms and conditions that the Chief Veterinary Officer considers advisable.

8( 4) A person to whom the Chief Veterinary Officer gives an approval shall comply with the terms and conditions to which the approval is subject.

Declaration of reportable hazard

9 If the Chief Veterinary Officer is of the opinion that a livestock health emergency exists or may exist as a result of a hazard that is not prescribed by regulation as a designated hazard, the Chief Veterinary Officer may make an order declaring the hazard to be a reportable hazard.

Reporting of a hazard

10( 1) A livestock producer or person providing diagnostic or other services relating to livestock, as the case may be, shall report to the Chief Veterinary Officer if the livestock producer or person has reasonable grounds to suspect that there is among livestock or in livestock facilities the presence of a designated hazard or reportable hazard.

10( 2) A report under subsection (1) shall be made in accordance with the regulations.

False or misleading information

11 No person shall knowingly provide, or attempt to provide, false or misleading information to the Chief Veterinary Officer.

Protection from liability for reports

12 No action or other proceeding shall be instituted against a person who, in good faith, makes a report in respect of a designated hazard or reportable hazard in accordance with this Act or the regulations.

Livestock health control zone order

13( 1) If the Chief Veterinary Officer has reasonable grounds to believe that a reportable hazard is or may be present in the Province, the Chief Veterinary Officer may make an order designating the Province or any geographic area in the Province prescribed by regulation as a livestock health control zone for the purpose of preventing, reducing and controlling the spread of the suspected or actual reportable hazard.

13( 2) An order made under subsection (1) may

(a) authorize, limit or exclude the presence of livestock in the livestock health control zone,

(b) prohibit livestock producers from selling, gathering, showing, exhibiting or trading livestock in the livestock health control zone, and

13( 3) The Chief Veterinary Officer may amend, cancel or reinstate at any time an order made under subsection (1).

13( 4) On publication of the order in accordance with subsection 42(5), no person within a livestock health control zone designated by order under subsection (1) shall refuse or fail to comply with any provision of the order.

Cease movement orders

14( 1) If the Chief Veterinary Officer has reasonable grounds to believe that a reportable hazard is or may be present in any area, place or vehicle connected to the planned or imminent transport of livestock, the Chief Veterinary Officer may make an order directing any person involved to take or refrain from taking any action specified for the purpose of containing or limiting the reportable hazard.

14( 2) The Chief Veterinary Officer may specify the time within which the person must comply with an order made under subsection (1).

14( 3) An order under this section may require that the livestock intended to be transported be quarantined in accordance with the direction of the Chief Veterinary Officer.

14( 4) No person served with an order under subsection (1) shall

(a) transport livestock, animal products, animal by-products or equipment without the prior approval of the Chief Veterinary Officer, or

(b) refuse or fail to comply with any provision of the order.

Destruction order

15( 1) If tests or other scientific analyses conducted under paragraph 7(b) or 18(1)(a) reveal the presence of a reportable hazard among the targeted livestock, the Chief Veterinary Officer may make an order directing the livestock producer to destroy all or some of the livestock.

15( 2) An order under subsection (1) may specify

(a) the method of destruction of the livestock,

(b) the time within which the person must comply with the order, and

15( 3) No person served with an order under subsection (1) shall refuse or fail to comply with any provision of the order.

Disposal order

16( 1) The Chief Veterinary Officer may make an order directing a livestock producer to dispose of livestock carcasses in accordance with the regulations if

(a) the Chief Veterinary Officer has made a destruction order under subsection 15(1), or

(b) livestock dies as a result of a hazard that has been reported.

16( 2) No person served with an order under subsection (1) shall refuse or fail to comply with any provision of the order.

PART 4

ENFORCEMENT

Division A

Inspections

Inspectors

17( 1) Subject to subsection (2), the Minister may appoint or designate inspectors for the purpose of this Act.

17( 2) The following persons are inspectors by virtue of their office:

(a) members of the Royal Canadian Mounted Police;

(b) police officers appointed under the Police Act;

(d) game officers designated under the Migratory Birds Convention Act, 1994 (Canada).

17( 3) The Minister shall issue to every inspector appointed or designated a certificate of appointment or designation.

17( 4) An inspector, in the execution of the inspector’s duties under this Act or the regulations, shall produce the certificate on request.

Inspections

18( 1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,

(a) enter any place, area or vehicle where livestock operation or related activities are undertaken or where there is reason to believe livestock, animal products, animal by-products or equipment are present, and for the purposes of that inspection the inspector may open and inspect any container found there and make any examinations or inquiries, take any samples or conduct or cause to be conducted any tests or other scientific investigations that the inspector considers necessary or advisable, using the methods prescribed by regulation,

(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,

(d) require that a person responsible for the place, area or vehicle present the livestock, animal products, animal by-products or equipment to the inspector,

(e) require the production of certificates, books, records and documents at the place, area or vehicle and inspect and examine them,

(f) exercise any other powers and perform any other duties that are prescribed by regulation, and

(g) exercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (f).

18( 2) An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (1)(a).

18( 3) For the purposes of an inspection under paragraph (1)(a), an inspector shall not enter a private dwelling unless the inspector

(a) is entering with the consent of a person who appears to be an adult and an occupant of the dwelling, or

(b) has obtained an entry warrant under the Entry Warrants Act.

18( 4) An inspector acting under this section may request the assistance of a peace officer.

Certificates, books, records or documents

19( 1) An inspector may remove from a place, area or vehicle any certificate, book, record or document required to be produced under paragraph 18(1)(e) or discovered during an inspection for the purpose of making copies or making extracts.

19( 2) An inspector who removes a certificate, book, record or document from a place, area or vehicle under subsection (1) shall provide a receipt for it to the person in charge of the place, area or vehicle and shall promptly return the certificate, book, record or document after making copies or taking extracts.

19( 3) Copies of, or extracts from, certificates, books, records or documents removed from a place, area or vehicle under subsection (1) and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.

Inspection report

20( 1) An inspector who undertakes an inspection under section 18 shall prepare an inspection report for the livestock producer and any person responsible for the place, area or vehicle inspected and shall provide a copy of the report to the Chief Veterinary Officer.

20( 2) An inspection report shall include details of an inspection and, if applicable, any order made by the inspector to suppress, limit or otherwise deal with a reportable hazard.

Obstruction of inspector

21( 1) No person shall obstruct, interfere with or fail to cooperate with an inspector who is carrying out or attempting to carry out an inspection under this Act.

21( 2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector who is carrying out or attempting to carry out an inspection under this Act.

Division B

Orders and seizures

Treatment order

22( 1) If, during an inspection under this Act, an inspector has reasonable grounds to believe that a reportable hazard is or may be present among livestock, the inspector may make an order requiring the livestock producer to treat the livestock.

22( 2) An inspector may impose any terms or conditions the inspector considers appropriate on an order.

22( 3) No person served with an order under subsection (1) shall

(a) remove or transport any livestock that is subject to the order without the prior approval of the Chief Veterinary Officer, or

(b) refuse or fail to comply with any provision of the order.

Cleaning and disinfection order

23( 1) If, during an inspection under this Act, an inspector has reasonable grounds to believe that a reportable hazard is or may be present in a livestock facility or on the equipment, the inspector may order the livestock producer to

(a) clean and disinfect the livestock facility and the equipment, and

(b) take any other measures prescribed by regulation.

23( 2) No person served with an order under subsection (1) shall

(a) remove or transport any livestock, animal products, animal by-products or equipment from the livestock facility that is subject to the order without the prior approval of the Chief Veterinary Officer, or

(b) refuse or fail to comply with any provision of the order.

Quarantine order

24( 1) If, during an inspection under this Act, an inspector has reasonable grounds to believe that a reportable hazard is or may be present in the livestock facility or a part of the livestock facility, among livestock or on equipment, an inspector may order the quarantine of that livestock facility, livestock or equipment.

24( 2) A quarantine order made under subsection (1) may direct a livestock producer to

(a) take any measures the inspector considers necessary to prevent the spread of a reportable hazard among the livestock that is the subject of the order, and

(b) take any other measure prescribed by regulation.

24( 3) An inspector may impose any terms or conditions on an order that the inspector considers appropriate.

24( 4) An inspector may revoke an order under this section if the inspector is satisfied that the livestock producer has complied with the order.

24( 5) No person served with an order under subsection (1) shall

(a) remove or transport livestock, animal products, animal by-products or any equipment that is subject to quarantine without the prior approval of the Chief Veterinary Officer, or

(b) refuse or fail to comply with any provision of the order.

Designation of controlled surveillance zone

25( 1) In addition to a quarantine order under subsection 24(1), an inspector may, with the approval of the Chief Veterinary Officer, designate the area surrounding a livestock facility that is subject to a quarantine order as a controlled surveillance zone for the purposes of section 26.

25( 2) The inspector may amend, cancel or reinstate at any time a designation made under subsection (1).

25( 3) The Regulations Act does not apply to a designation made under subsection (1).

Controlled surveillance zone order

26( 1) Upon designating a controlled surveillance zone, an inspector may order a livestock producer whose livestock facility or livestock is subject to a quarantine order to

(a) take any measures the inspector considers necessary to prevent the spread outside of the controlled surveillance zone of a designated hazard that the inspector suspects may be present, and

(b) take any other measures prescribed by regulation.

26( 2) No person served with an order under subsection (1) shall

(a) remove or transport livestock, animal product, animal by-products or equipment that is within of the controlled surveillance zone without the prior approval of the Chief Veterinary Officer, or

(b) refuse or fail to comply with any provision of the order.

Livestock care order

27( 1) An inspector may, by order, direct a livestock producer whose livestock or livestock facility is already subject to an order made under this Act or the regulations to take any measures the inspector recommends, in addition to those specified in the already existing order, to maintain the health and welfare of the subject livestock.

27( 2) No person served with an order under subsection (1) shall refuse or fail to comply with any provision of the order.

Seizure

28( 1) An inspector may seize any livestock, animal product, animal by-product, equipment, container, book, record or document that the inspector believes on reasonable grounds may indicate the presence of a reportable hazard or may afford evidence of the commission of an offence under this Act or the regulations

(a) during an inspection under section 18,

(b) during a search under the Provincial Offences Procedure Act, or

28( 2) If livestock, animal products, animal by-products, equipment, containers, books, records or documents are seized under subsection (1), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.

28( 3) Subject to subsection (4), all livestock, animal products, animal by-products, equipment, containers, books, records or documents seized may be detained for a period not exceeding six months after the day of seizure unless, during that period, prosecution for an offence under this Act or the regulations has been commenced, in which case the livestock, animal products, animal by-products, equipment, containers, books, records or documents may be further detained until the proceedings, including the appeal proceedings, are finally concluded.

28( 4) If livestock is seized under subsection (1), the inspector or other person having custody of the livestock, subject to the approval of the Chief Veterinary Officer, may

(a) take any measure necessary or advisable to ensure the maintenance of the health and welfare of the livestock,

(b) carry out the destruction of the livestock or cause to have it destroyed, or

28( 5) If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,

(a) the inspector or other person having custody of the livestock, animal products, animal by-products, equipment, containers, books, records or documents seized shall return them to the person from whom the inspector seized them, or

(b) if the livestock was destroyed under section 15 or paragraph (4)(b) or sold under paragraph (4)(c), the Minister shall pay to the person from whom the livestock was seized an amount that, in the opinion of the Minister, represents the value of the livestock.

Division C

Offences and penalties

Prohibitions

29( 1) No person shall conceal the presence of a reportable hazard among livestock in that person’s possession, care or control.

29( 2) No person shall dispose of or otherwise sell, rent out, transport, convey in transit or destroy livestock, animal products or animal by-products in a manner that may cause or allow the spread of a reportable hazard where, to the knowledge of the person, there is a reportable hazard present.

29( 3) No person shall allow equipment to be accessible to livestock if the equipment has, to the knowledge of the person, been exposed to a reportable hazard.

Offences

30( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.

30( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.

30( 3) Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act for an offence under subsection (2) or (6) shall be as follows:

(a) in respect of a Category B offence,  $500;

(b) in respect of a Category C offence,  $500;

(d) in respect of a Category F offence,  $1,000;

(e) in respect of a Category I offence,  $2,000; and

(f) in respect of a Category J offence,  $2,000.

30( 4) If an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the greater of the minimum fine set by the Provincial Offences Procedure Act and the minimum fine, if any, set by this Act, multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act, multiplied by the number of days during which the offence continues.

30( 5) Subject to subsection (6), a person who violates or fails to comply with a provision of the regulations commits an offence.

30( 6) For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

Judicial orders

31( 1) When imposing a penalty against a person convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order directing the person to do one or more of the following:

(a) to refrain from doing anything that may result in the continuation or repetition of the offence;

(b) to take any action the judge considers appropriate to remedy any harm to any livestock or livestock facility that has resulted, is resulting or may result from the act or omission that constituted the offence;

(d) to post a bond or pay money into court in an amount that will ensure compliance with any order made under this section; or

(e) to comply with any other direction or condition the judge considers appropriate in the circumstances.

31( 2) An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.

31( 3) The judge shall specify in an order made under subsection (1) the period during which it is in effect, and the period shall not exceed five years.

Administrative penalties

32( 1) Subject to and in accordance with the regulations, if the Chief Veterinary Officer is satisfied that a person has violated or failed to comply with this Act or the regulations, the Chief Veterinary Officer may impose an administrative penalty on the person by issuing a notice of administrative penalty.

32( 2) A person referred to in subsection (1) who pays the administrative penalty shall be deemed to have contravened the provision of this Act or the regulations in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.

32( 3) If a person referred to in subsection (1) does not pay the administrative penalty within 30 days after receiving the notice, the person may be charged with an offence under this Act or the regulations in respect of the same incident that gave rise to the administrative penalty.

32( 4) Subject to subsection (3), a person charged with an offence under this Act or the regulations is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.

32( 5) The Minister may sue for and recover an administrative penalty in an action in any court as if the amount were a debt.

Division D

Debts and forfeiture

Minister may recover costs

33 In addition to any other costs and expenses that the Minister may recover under this Act, the Minister may recover

(a) the costs incurred in the seizure, housing, maintaining, treatment, selling, destruction or disposal of livestock or equipment,

(b) the costs of eliminating or reducing the risk that livestock poses to agricultural health or welfare, and

Interest

34 The Minister may charge interest on an amount owing to the Minister under this Act or the regulations at a rate prescribed by regulation or at a rate calculated in the manner prescribed by regulation.

Debt due to the Province

35( 1) An amount owing to the Minister under this Act or the regulations constitutes a debt due to the Province.

35( 2) The Minister may issue a certificate stating the amount of the debt due and the name of the debtor.

35( 3) A certificate issued under subsection (2) may be filed in The Court of King’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.

35( 4) All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (3) may be recovered as if the amount had been included in the certificate.

35( 5) When a debtor is a corporation that fails to pay the amount that is due and payable under this Act, the directors of the corporation at the time the corporation was required to pay the amount are jointly and severally liable, together with the corporation, to pay that amount and any interest and penalties in relation to that amount.

Forfeiture of property

36( 1) If a person is convicted of a violation of this Act or the regulations, livestock, animal products or animal by-products belonging to the person that have been seized under this Act or the Provincial Offences Procedure Act are forfeited to the Minister on the conviction of the person.

36( 2) If a person is convicted of a violation of this Act or the regulations, the judge may order equipment or any other thing seized under this Act or the Provincial Offences Procedure Act that has not been returned to the person under section 28 to be forfeited to the Minister.

36( 3) On the making of an order under subsection (2), the thing seized is forfeited to the Minister.

36( 4) A forfeiture made under this section is in addition to any other penalty that may be imposed.

Disposal of seized or forfeited property

37( 1) If livestock, animal products or animal by-products are forfeited under subsection 36(1), an inspector shall deliver them to the Minister and the Minister may dispose of them in the manner and at the time that the Minister considers appropriate.

37( 2) If equipment or any other thing is forfeited under subsection 36(2), an inspector shall deal with it in accordance with the instructions of the Minister subject to subsection (3).

37( 3) The Minister may, not sooner than 30 days after a conviction pursuant to this Act, dispose of equipment or any other thing forfeited under subsection 36(2) at public auction or in the manner and at the time that the Minister considers appropriate.

Return of thing seized

38 If an inspector seizes anything other than equipment, livestock, animal products or animal by-products, the inspector shall return it to the owner or person in possession at the time of the seizure

(a) as soon as the circumstances permit if the person is not charged with an offence under this Act or the regulations, or

(b) within 30 days after the final disposition of the charge

( i) if the person has been charged with an offence under this Act or the regulations and no conviction results from that charge, or

( ii) if the person has been charged with an offence under this Act or the regulations and is convicted but the judge does not order the forfeiture of the thing seized.

Forfeiture if ownership not ascertainable

39 If any livestock, animal product, animal by-product, equipment or any thing is seized under this Act or the Provincial Offences Procedure Act and the lawful ownership or entitlement to it cannot be ascertained within three months after the seizure, the Minister may direct that it be disposed of in any manner the Minister considers appropriate and it or any proceeds of its disposition are forfeited to the Minister.

Abandonment

40 The owner of a seized thing may abandon it to the Crown.

No indemnity

41 Subject to subsection 5(1), no person shall be entitled to, or have any claim or right to, any indemnity or compensation in relation to a seizure, forfeiture, disposal or destruction under this Act or the Provincial Offences Procedure Act.

Division E

Orders

42( 1) Except as otherwise provided in this Act, the Regulations Act does not apply to any order made under this Act or the regulations by the Chief Veterinary Officer or an inspector.

42( 2) An order referred to in subsection (1) may be limited as to time or place.

42( 3) The Chief Veterinary Officer or an inspector, as the case may be, may amend or revoke an order in writing or make a further order in relation to the same subject matter.

42( 4) Subject to subsections (6) and (9), an order of the Chief Veterinary Officer or an inspector, as the case may be, is effective on the date it is made.

42( 5) Despite subsection (9), an order of the Chief Veterinary Officer under section 9 or 13 shall be published on the Department website.

42( 6) An order referred to in subsection (5) is effective on publication.

42( 7) Failure to publish under subsection (5) does not affect the validity of the order.

42( 8) Publication under subsection (5) is full and sufficient notice to all persons affected by the order of the making of the order.

42( 9) Subject to subsection (10), an order of the Chief Veterinary Officer or an inspector shall be in writing and served on each person to whom the order was directed and is effective on service of the order.

42( 10) If the delay necessary to put an order in writing will or is likely to substantially increase the risk to the well-being of any person or livestock, the Chief Veterinary Officer or an inspector may make the order orally.

42( 11) Where an order is made orally, it shall be put into writing and served on each person to whom the order was directed no later than seven days after the making of the oral order, but a failure to comply with this subsection does not affect the validity of the order.

42( 12) A person who has been served with an order referred to in subsection (9) shall comply with the order within the time, if any, specified in the order.

42( 13) An order remains in effect until the time specified in the order or until revoked by the Chief Veterinary Officer or an inspector, as the case may be.

42( 14) An order of the Chief Veterinary Officer is final and conclusive and, except on the grounds of an excess of jurisdiction or a denial of natural justice, shall not be questioned or reviewed in any court.

Remedial action

43( 1) If, in the opinion of the Chief Veterinary Officer or an inspector, the action taken under an order given is not adequate, the Chief Veterinary Officer, or the inspector with the approval of the Chief Veterinary Officer, may order the taking of any remedial action considered necessary.

43( 2) If a person to whom an order is directed fails or refuses to comply in whole or in part with the order, the Chief Veterinary Officer, or the inspector with the approval of the Chief Veterinary Officer, may enter any place, area or vehicle except a dwelling house, together with the persons, materials and equipment considered necessary, and may take any further action considered necessary to effect compliance with or to carry out the order.

43( 3) Any cost, charge, loss, damage or expense incurred by the Chief Veterinary Officer or an inspector, as the case may be, while acting under this section shall be a liability of and paid by any person who failed or refused to comply with an order and becomes a debt due to the Province.

Appeals

44 A person affected by a decision of the Chief Veterinary Officer or an inspector may appeal to the Board in accordance with the Agriculture Appeal Board Act with respect to

(a) the quarantine, removal and transport, treatment, cleaning and disinfection, or seizure of livestock, animal products, animal by-products, equipment or any other thing, as the case may be,

(b) the imposition of an administrative penalty, or

(c) the imposition of costs in relation to an inspection or the quarantine, removal and transport, treatment, cleaning and disinfection, seizure, destruction or disposal of livestock, animal products, animal by-products, equipment or any other thing, as the case may be, under the regulations, if any.

Evidence

45 A certified copy of an order or notice of administrative penalty under this Act may be entered in evidence before any court, judge or board and when entered, is, in the absence of evidence to the contrary, proof of the making of the order or notice and that the order or notice was in force and effective at any material time, without proof of the appointment, signature or authority of the person purporting to have signed the order or notice or the certified copy of the order or notice.

Service of documents

46 An order or notice of administrative penalty that is to be served on a person under this Act may be served, and service may be proven, in accordance with the relevant provisions of the Provincial Offences Procedure Act.

PART 5

GENERAL

Immunity

47 No action, application or other proceeding lies or shall be instituted against an inspector, the Chief Veterinary Officer or the Minister, or a person authorized by any of them to act under this Act, or any other person employed or engaged in the administration or enforcement of this Act in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act or the regulations by the person.

Required information

48( 1) A livestock producer shall maintain the books, records and documents that, in the opinion of the Chief Veterinary Officer, are necessary for the proper recording of the information, including personal information, prescribed by regulation.

48( 2) On the request of the Chief Veterinary Officer, a livestock producer shall provide to the Chief Veterinary Officer any information required to be maintained in the books, records and documents under this Act or the regulations that the Chief Veterinary Officer reasonably requires, within the time and in the manner prescribed by regulation.

Use and disclosure of information

49( 1) Despite the Right to Information and Protection of Privacy Act but subject to subsections (2) to (4), all information acquired by the Minister, the Chief Veterinary Officer, an inspector or any other person in relation to a person or matter under this Act or the regulations is confidential to the extent that its release would tend to reveal personal information about that person.

49( 2) For the purposes of administering the Act, an employee of the Department may disclose any information, including personal information, to any other employee of the Department.

49( 3) An employee of the Department may, with the consent of the person to whom it relates, disclose any information, book, record or document obtained under this Act.

49( 4) For the purposes of administering this Act or assisting in the administration of similar legislation of another jurisdiction, an employee of the Department may disclose any information, including personal information, to any of the following persons:

(a) a law enforcement agency, government, governmental authority or regulatory authority of another jurisdiction;

(b) a person or body with whom the Department has entered into an arrangement or agreement that relates to or includes the sharing of information; or

Conflict

50 If this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this Act prevails.

Administration

51 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

52( 1) The Lieutenant-Governor in Council may make regulations

(a) prescribing animals for the purpose of the definition “livestock” in section 1;

(b) prescribing hazards for the purpose of the definition “designated hazard” in section 1;

(c) prescribing designated hazards for the purpose of the definition “reportable hazard” in section 1, including prescribing threshold and other criteria upon which a hazard is considered a reportable hazard;

(d) prescribing other materials for the purpose of the definition “animal product” in section 1;

(e) prescribing other substances or things for the purpose of the definition “animal by-product” in section 1;

(f) exempting any person or class of persons, activity or class of activities, place or class of places, animal product or animal by-product from the application of this Act and the regulations or from the application of any provisions of this Act or the regulations for the purpose of subsection 2(2);

(g) setting out the terms and conditions attached to an exemption referred to in paragraph (f);

(h) prescribing services to be provided for the purpose of subsection 4(2);

(i) prescribing information or personal information for the purpose of subsections 4(3), 6(5) and 48(1);

(j) for the purpose of subsection 5(2), respecting compensation funds, including

( i) prescribing the losses for which compensation may be payable from a compensation fund,

( ii) prescribing other purposes for which money from a compensation fund may be used,

( iii) respecting the administration of a compensation fund,

( iv) respecting the investing of money in a compensation fund,

( v) respecting the purchase of insurance to supplement a compensation fund,

( vi) respecting appeals from a refusal to pay out of a compensation fund,

( vii) respecting payments made out of a compensation fund and procedures to be followed with respect to payments made out of a compensation fund,

( viii) respecting limitations on the amount of any claim against a compensation fund,

( ix) respecting limitations as to when a claim against a compensation fund may be made,

( x) respecting audits of a compensation fund;

(k) setting out the powers and duties of the Chief Veterinary Officer for the purpose of subsection 6(2);

(l) prescribing methods for the purpose of paragraphs 7(b) and 18(1)(a);

(m) prescribing activities for the purpose of subsection 8(1);

(n) prescribing the fee for an application for approval for the purpose of subsection 8(2);

(o) respecting the reporting of a designated hazard or a reportable hazard for the purpose of subsection 10(2);

(p) prescribing geographic areas in the Province for the purpose of subsection 13(1);

(q) prescribing measures to be taken for the purpose of paragraphs 13(2)(c), 23(1)(b), 24(2)(b) and 26(1)(b);

(r) prescribing other terms for the purpose of paragraph 15(2)(c);

(s) respecting disposal of livestock carcasses for the purpose of subsection 16(1);

(t) prescribing powers and duties of inspectors for the purpose of paragraph 18(1)(f);

(u) prescribing, in respect of offences under the regulations, categories of offences;

(v) for the purposes of section 32, respecting the imposition, payment and enforcement of administrative penalties, including

( i) prescribing provisions of this Act or the regulations for which a notice of administrative penalty may be issued,

( ii) prescribing the form of the notice of administrative penalty,

( iii) prescribing or determining the amounts that may be imposed as administrative penalties, including minimum and maximum amounts, and

( iv) varying the amount of an administrative penalty prescribed or determined under subparagraph (iii) according to the nature and frequency of the violation or failure to comply and whether the person in violation or in non-compliance is an individual or a corporation;

(w) prescribing an interest rate or the manner in which an interest rate may be calculated for the purpose of section 34;

(x) respecting the imposition of costs for the purpose of paragraph 44(c);

(y) prescribing the time and manner in which information shall be provided for the purpose of subsection 48(2);

(z) prescribing persons or bodies for the purpose of paragraph 49(4)(c);

(aa) respecting the inspection of the flesh of livestock carcasses or animal products intended for human consumption;

(bb) authorizing the Minister and the Chief Veterinary Officer to provide forms for the purpose of this Act and the regulations;

(cc) respecting forms, reports, samples and other information required under this Act or the regulations, including, without limitation, their form and content and the time and manner in which they are required to be given;

(dd) defining any word or expression used but not defined in this Act for the purpose of this Act, the regulations or both;

(ee) respecting any other matter or thing necessary or advisable to carry out the intent of this Act.

52( 2) A regulation authorized by this section may incorporate by reference, in whole or in part, any codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with that code, standard, procedure or guideline.

52( 3) Regulations may vary for or be made in respect of different persons, matters, activities or things or different classes or categories of persons, matters, activities or things.

52( 4) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

PART 6

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEALS AND COMMENCEMENT

Transitional provisions

53( 1) Despite any inconsistency with a provision of this Act, an order made under the Diseases of Animals Act, chapter 142 of the Revised Statutes, 2011, that was in force immediately before the commencement of this section shall be deemed to have been made under this Act and is valid and continues in force until it lapses or is amended or revoked.

53( 2) Despite any inconsistency with a provision of this Act, an order made under the Poultry Health Protection Act, chapter 207 of the Revised Statutes, 2011, that was in force immediately before the commencement of this section shall be deemed to have been made under this Act and is valid and continues in force until it lapses or is amended or revoked.

Agriculture Appeal Board Act

54( 1) Section 6 of the Agriculture Appeal Board Act, chapter 28, section 1 of the Acts of New Brunswick, 2016, is amended

(a) by repealing subsection (1) and substituting the following:

6( 1) The Board may exercise any power conferred on the Board and shall perform the duties and functions required to be performed by the Board under this Act or the regulations or any other Act or regulation, including

(a) the Agricultural Land Protection and Development Act,

(b) the Livestock Operations Act,

(d) New Brunswick Regulation 84-75 under the Real Property Tax Act.

(b) by repealing subsection (2) and substituting the following:

6( 2) The Board may confirm, vary or revoke

(a) a decision of the Minister under the Agricultural Land Protection and Development Act,

(b) a decision of the Registrar under the Livestock Operations Act,

(d) a decision of the Registrar under New Brunswick Regulation 84-75 under the Real Property Tax Act.

54( 2) Paragraph 11(e) of the Act is repealed and the following is substituted:

(e) respecting the effect of a decision of the Minister, the Registrar, the Chief Veterinary Officer or an inspector pending the outcome of an appeal;

Regulation under the Agriculture Appeal Board Act

55( 1) Section 3 of New Brunswick Regulation 2018-6 under the Agriculture Appeal Board Act is amended

(a) in subsection (1)

( i) in paragraph (a) of the English version by striking out “and” at the end of the paragraph;

( ii) in paragraph (b) by striking out the period at the end of the paragraph and substituting “, and”;

( iii) by adding after paragraph (b) the following:

(b) in subsection (3)

( i) in paragraph (c) by striking out the period at the end of the paragraph and substituting a semicolon;

( ii) by adding after paragraph (c) the following:

(d) in the case of an appeal of a decision under the Livestock Health Act, the Chief Veterinary Officer.

55( 2) Subsection 4(3) of the Regulation is repealed and the following is substituted:

4( 3) When a panel of the Board is established to hear an appeal of a decision of the Registrar under the Livestock Operations Act or a decision of the Chief Veterinary Officer or an inspector under the Livestock Health Act, the part of the panel composed of members referred to in paragraph (1)(b) shall consist of a minimum of three current or former agricultural producers, at least two of whom shall be current or former livestock producers.

55( 3) Section 7 of the Regulation is amended

(a) by renumbering the section as subsection 7(1);

(b) by adding after subsection (1) the following:

7( 2) The commencement of an appeal of a decision under the Livestock Health Act shall not operate as a stay of the decision being appealed, and the decision being appealed has the same force and effect as it would have had if no appeal had been commenced.

Repeal of the Diseases of Animals Act and regulation

56( 1) The Diseases of Animals Act, chapter 142 of the Revised Statutes, 2011, is repealed.

56( 2) New Brunswick Regulation 83-105 under the Diseases of Animals Act is repealed.

Repeal of the Poultry Health Protection Act and regulations

57( 1) The Poultry Health Protection Act, chapter 207 of the Revised Statutes, 2011, is repealed.

57( 2) New Brunswick Regulation 82-97 under the Poultry Health Protection Act is repealed.

57( 3) New Brunswick Regulation 84-71 under the Poultry Health Protection Act is repealed.

Commencement

58 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Column 1		Column 2
Provision		Category of Offence
	10(1) ...............		I
	11...............		F
	13(4) ...............		I
	14(4) ...............		F
	15(3) ...............		F
	16(2) ...............		F
	21(1) ...............		E
	21(2) ...............		F
	22(3)(a) ...............		F
	22(3)(b) ...............		F
	23(2)(a) ...............		F
	23(2)(b) ...............		F
	24(5)(a) ...............		F
	24(5)(b) ...............		F
	26(2)(a) ...............		F
	26(2)(b) ...............		F
	27(2) ...............		J
	29(1) ...............		F
	29(2) ...............		F
	29(3) ...............		F
	42(12) ...............		I
	48(1) ...............		D
	48(2) ...............		C