Vol. 136, No. 44 — November 2, 2002

Regulations Amending the Health of Animals Regulations

Statutory Authority

Health of Animals Act

Sponsoring Agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The purpose of the Health of Animals Act (the Act) is to prevent the introduction of animal diseases into Canada and 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.

Pursuant to paragraph 64(1)(m) of the Act, the Governor in Council may make regulations causing or requiring notice to be given of the appearance of any disease or toxic substance among animals. This provision requires only that the Canadian Food Inspection Agency (CFIA) be notified about the presence of diseases listed in the Regulations. In these proposed Regulations, all veterinary laboratories in the country would be required to report on the suspicion or diagnosis of the diseases contained in the list. Under the Act, the CFIA does not have any obligation or commitment to take action when told of diseases listed as notifiable. Depending on many factors, policy on the appropriate action in response to notification of the presence of that disease will be developed by the CFIA at the time of notification.

By contrast, the Reportable Disease Regulations (RDR) which were created under section 2 of the Act, require owners (or anyone caring for or having control over animals), including veterinarians or laboratories having knowledge of the named diseases, to report their presence to the CFIA. These are diseases that the CFIA plans to control or to eradicate. Due to the restrictions on animal movement and other disease control measures that are outlined in the Act and that come into effect when a reportable disease is present, the reporting of these diseases requires that there be some immediate and significant action on the part of the CFIA.

This proposed amendment to the Health of Animals Regulations will create two distinct lists, an "immediately notifiable list" and an "annually notifiable list", to name diseases of which the CFIA should be made aware for public health and trade purposes. These two notifiable disease lists will include the diseases for which no program exists and for which information is being gathered primarily to meet Canada's international obligation for surveillance of disease in livestock and other animals and for public health purposes.

An immediately notifiable list will be created which primarily names diseases foreign to Canada and for which the CFIA may or may not mount a significant eradication effort once it becomes aware of their presence. In order to be able to react with expediency, the CFIA would need to know about those diseases immediately, and full disclosure of the name and address of the owner would be required. This immediately notifiable list would also include poultry diseases that are present in Canada and that are on the list for export to Russia and China. There are four poultry diseases that are indigenous but rare in Canada and which Russia and China have stipulated in import conditions should not be present on the farm of origin of the product to be imported.

An annually notifiable list will also be created and will name diseases that are present in Canada but that are not listed on the immediately notifiable diseases list or in the RDR. The diseases included in this list are notifiable in response to a request for this information sent annually from CFIA. Only a yes or no response is required as to their presence in Canada. The Office Internationale des Epizooties (OIE) requires that its member countries report on the presence or absence of diseases on an annual basis.

The CFIA will be in a better position to fulfill its mandate under the Act if made aware of the introduction or presence of certain animal diseases in the domestic population. Privacy laws protect owners of animals, their veterinarians, and laboratories from declaring the presence of diseases in their flock or herd unless those diseases are named in legislation. To date, laboratories and veterinarians have been cooperative in voluntarily reporting such information to the CFIA. Naming the diseases in the Regulations merely supports this common practice and provides an enforcement mechanism in the event of non-compliance.

Some areas of the poultry industry are having difficulty exporting their product to China and Russia at this time. The pressure is mounting to have these Regulations implemented in the shortest time frame possible.

Alternatives

Option 1 — Status quo

Without the creation of the two notifiable diseases lists, the diseases that are not present in (foreign to) Canada would probably be reported to the CFIA eventually because they would present a concern when not recognized by laboratories. With respect to the poultry diseases which are present in Canada and which are on the list for export to Russia and China, the CFIA could continue certifying poultry using either a certificate signed by a veterinarian verifiying that the farm has been free of the diseases of concern for six months or the provinces notifying the processors about a finding of the diseases, but only when the owner has signed a privacy waiver. The cost to the producer is approximately $150 per certificate, and there are associated costs for handling and mailing the certificates, as well as administrative time and costs for both the federal and provincial regulators. The current practice is not efficient and does not serve in the best interest of public health or trade purposes.

The annually notifiable diseases have been updated by notification from the provinces for years on the basis of goodwill, and this would probably continue, although there is no legal responsibility for them to do so.

Option 2 — Enacting the Notifiable Diseases Provisions — Preferred Option

The creation of two distinct lists, the immediately notifiable list and the annually notifiable list, is a more assertive approach to surveillance for these potentially very damaging diseases, and presents a stronger surveillance case to our trading partners.

Listing the poultry diseases which are present in Canada and which are on the list for export to Russia and China on the proposed "immediately notifiable list" would result in increased credibility of the process by which trade is conducted with these countries, and would provide assurance to veterinary inspectors that their endorsement of the disease status of a flock is accurate. As well, the proposed Regulations would eliminate the need to have producers sign waivers, which will save paper, mailing and handling, as well as ease the administrative time and costs for both the federal and provincial regulators.

Listing the poultry diseases in the "annually notifiable list" adds weight to the CFIA's annual request for information and is more convincing to our international trading partners, as outlined above.

Option 3 — Negotiate with Russia and China to remove the requirements for determining the on-farm status of those diseases when importing poultry meat

Clearly, this option only applies to those four poultry diseases that would be included on the proposed "immediately notifiable list" for trade purposes to those countries. This would be a valid option in this regard, as the sanitary requirements imposed by Russia and China do not comply with the rules outlined in the GATT. However, these countries are slow to respond to GATT pressures, so it would be some time before this option could be implemented. If this option was exercised in time, the relevant poultry diseases could be removed from the proposed "immediately notifiable list" with a regulatory amendment. This is not a viable option, as it does not address the needs of the entire proposal.

Benefits and Costs

Preferred Option — Enacting the Notifiable Diseases Lists

This is a minor regulatory initiative involving very little cost and high public acceptance.

Benefits

With respect to the inclusion of diseases on the "immediately notifiable list", the cost of diagnosis is the same with or without the proposed amendments to the Regulations and, although it may be significant, the total cost is less if a disease is diagnosed early. The benefit could be substantial if a potentially significant disease with zoonotic impact like the Nipah virus enters Canada and is diagnosed before it spreads.

It is expected that there will also be a positive impact on the environment as a result of these Regulations. It will allow the CFIA to know about the presence of a new disease shortly after its incursion so that if it is determined that eradication is appropriate, the CFIA can act in a timely manner, minimizing the loss of animals and the related disposal problems.

The CFIA will be in a better position to fulfill its mandate under the Act if made aware of the introduction or presence of certain animal diseases in the domestic population.

The inclusion of the diseases in the Regulations provides an enforcement mechanism in the event of non-compliance. This will enable the CFIA to deal with violations in an expeditious manner. Further, enforcement penalties may serve to enhance compliance with the Regulations.

The creation of the annually notifiable list to identify which diseases are present in Canada will assist the CFIA in reporting such information to the OIE on an annual basis as required.

A significant benefit would be the increased credibility of the process by which trade is conducted with China and Russia, and it would provide assurance to veterinary inspectors that their endorsement is accurate.

Listing poultry diseases that are present in Canada and on the list for export to Russia and China on the immediately notifiable list will serve to reduce costs at the federal level by reducing the administrative time spent in attempting to find an alternative solution to the issue of how to assure CFIA veterinarians that they are endorsing the legitimate health status of a flock.

The markets in China and Russia are demanding parts of poultry that are not popular with Canadians, which eliminates the need to dispose of these parts in Canada in a manner that may not be as environmentally friendly.

The elimination of the need to have poultry producers sign waivers saves paper, mailing and handling, as well as eases the administrative time and costs for both the federal and provincial regulators.

Costs

With respect to the inclusion of the indigenous poultry diseases in the notifiable lists, there will be marginally increased costs for diagnosis that will be initially borne by laboratories, primarily provincial, and by provincial veterinary services. These costs would be passed along to the poultry producer. The frequency with which these diseases are diagnosed is minimal (i.e. less than three times per year per province), and therefore the related costs would be minimal.

There will be a minimal initial cost to the CFIA in informing laboratories of their new obligations, which is primarily a communications matter. A communication to the National Centre for Foreign Animal Disease in Winnipeg will be required to notify their facility of the change in regulatory requirements and to veterinarians in slaughter plants to inform their facilities of this more efficient tool for certification of products.

Consultation

Consultation has been conducted across the country with provinces and industry. Since indigenous disease control is usually the domain of the provinces, the CFIA has gone to lengths to ensure they are supportive of these Regulations. The proposed amendments were developed and presented at consultative meetings across Canada during May 1999. These meetings were open to anyone interested in attending; however, specific invitations were extended to CFIA field staff, provincial agricultural staff, and livestock industry organizations at the national, provincial and local level. Meetings were held in each province, with the exception of the Atlantic area. One meeting was held in New Brunswick and representatives from all the Atlantic provinces were invited. The feedback that was received from attendees was used to further modify the proposed regulatory text.

Initially, concern was expressed by provincial laboratories and others that the cost of developing a flagging system in the veterinary laboratories, which are provincially affiliated in most provinces, would be too onerous for the indigenous diseases. Subsequent lobbying by the poultry industry and the cumbersome interim process in place to certify products placing even greater workload on the federal government has removed provincial concern about the indigenous poultry diseases being listed. The proposed list of foreign diseases did not encounter any resistance as it represents a status quo position.

The CFIA has received provincial endorsement of the proposal in writing from all but the province of Prince Edward Island (PEI), where the poultry industry is not a significant size. PEI has indicated that they do not intend to impede the Regulations. The major poultry producing provincial veterinary services have indicated their support in writing.

The proposed Regulations have a high degree of industry support as the impact of the Regulations is either neutral or positive. No written endorsements or criticisms have been received from the "non-poultry" sector of industry. Endorsements from all poultry sectors have been received.

Compliance and Enforcement

It is expected that compliance with these Regulations will mirror that of the RDR in that the veterinary community is well aware of their responsibility in the maintenance of national disease control and international credibility. There is an excellent record of reporting of those diseases. It is not in the interest of a veterinary laboratory to withhold this information.

The indigenous (poultry) diseases must be notified immediately to the CFIA as some export conditions are dependant on freedom from those diseases on the premises of origin of the flock. There will be a system in place whereby the CFIA will be notified at the area level (the Food of Animal Origin Network Director) and the information relayed quickly to inspectors at the poultry processing plants that slaughter flocks from infected premises.

Steps in developing a process to encourage compliance are the responsibility of the CFIA's Animal Health and Production Division and the Animal Disease Surveillance Unit and include the following:

1. A list of all veterinary diagnostic facilities in Canada will be generated and they will be contacted during the regulatory process, either directly or through the provincial veterinary service, to make them aware of their reporting responsibility under the proposed Regulations.

2. A summary of the regulatory change outlining the proposed process and the rationale (foreign animal disease control, export, the importance of both) will be well-publicized and posted on the Internet.

3. Immediately notifiable diseases: All veterinary laboratories involved in diagnosis of poultry diseases will be visited by the CFIA or the province to demonstrate that they have in place a mechanism to flag the suspicion of the diseases and are aware of the need to notify the Agency. As mentioned, suspicion of the presence of an exotic disease would probably be referred to the CFIA in any event.

4. The laboratories will be reminded annually of their reporting responsibilities for annually notifiable diseases by a mail out to each of them (or to the provincial veterinary service, if arrangements with the provinces have been made for the provinces to be responsible for reporting the provincial disease status). This practice is in place at this time in order to develop Canada's national report to the OIE. The CFIA has relied on goodwill in the past, and this has been relatively successful. The Regulations will enforce the requirement for participation of all laboratories.

Section 38 of the Act gives CFIA inspectors the powers to inspect the records of diagnostic laboratories. This power will be used in the event of suspected non-compliance. If it is determined that there has been non-reporting by the diagnostic laboratories, the Agency policy on non-compliance will be followed: written confirmation of verbal advice, warning letters, reports of non-compliance and prosecution or other enforcement action when appropriate.

Contact

Dr. Carolyn Inch, National Manager, Disease Control, Animal Health and Production Division, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9, (613) 225-2342, extension 4757 (Telephone), (613) 228-6631 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 64 (1) (see footnote a)  of the Health of Animals Act (see footnote b) , proposes to make the annexed Regulations Amending the Health of Animals Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Dr. Carolyn Inch, Animal Health and Production Division, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario, K1A 0Y9. Tel.: (613) 225-2342, ext. 4757; Fax: (613) 228-6653.

Ottawa, October 31, 2002

EILEEN BOYD
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE HEALTH OF ANIMALS REGULATIONS

AMENDMENTS

1. The Health of Animals Regulations (see footnote 1)  are amended by adding the following after section 91.1:

91.2 (1) Every laboratory that diagnoses or suspects the appearance in an animal or thing of a disease set out in Schedule VII shall notify the Minister immediately of the diagnosis or suspicion.

(2) Along with that notification, the laboratory shall include

(a) the name, address and telephone number of the person who owns or has the possession, care or control of the animal or thing;

(b) the location of the animal or thing; and

(c) all other information that the laboratory has in relation to the animal or thing.

(3) Every laboratory that diagnoses or suspects the appearance in an animal or thing of a disease set out in Schedule VIII shall notify the Minister of the diagnosis or suspicion immediately after the end of the calendar year in which the appearance of the disease is diagnosed or suspected.

2. The Regulations are amended by adding the following after Schedule VI:

SCHEDULE VII
(Subsection 91.2(1))

IMMEDIATELY NOTIFIABLE DISEASES

Item	Disease
1.	aino virus infection
2.	akabane disease
3.	avian chlamydiosis (C. pscittaci)
4.	avian encephalomyelitis
5.	avian infectious laryngotracheitis
6.	besnoitiosis
7.	Borna disease
8.	bovine babesiosis (B. bovis)
9.	bovine ephemeral fever
10.	bovine petechial fever
11.	contagious agalactia
12.	contagious caprine pleuropneumonia
13.	dourine
14.	duck hepatitis
15.	egg drop syndrome (adenovirus)
16.	enterovirus encephalomyelitis (Teschen disease)
17.	epizootic haemorrhagic disease
18.	epizootic lymphangitis
19.	equine encephalomyelitis, western and eastern
20.	fluvalinate-resistant Varroa mite
21.	fowl cholera
22.	glanders
23.	goose parvovirus infection (Derzsy's disease)
24.	heartwater (cowdriosis)
25.	hendra virus
26.	herpes virus of cervidae
27.	Ibaraki disease
28.	Japanese encephalitis
29.	louping ill
30.	Nairobi sheep disease
31.	Nipah virus
32.	screwworm (Cochliomyia hominivorax and Chrysomyia bezziana)
33.	small hive beetle (Aethina tumida)
34.	theileriasis
35.	tick-borne fever (Cytoecetes phagocytophilia)
36.	tissue worm (Elaphostrongylus cervi)
37.	trypanosomiasis (exotic to Canada)
38.	turkey viral rhinotracheitis or swollen head disease in chickens
39.	viral haemorrhagic disease of rabbits
40.	Wesselbron's disease
41.	West Nile fever

SCHEDULE VIII
(Subsection 91.2(3))

ANNUALLY NOTIFIABLE DISEASES

Item	Disease
1.	acarine disease
2.	actinomycosis
3.	American foul brood
4.	atrophic rhinitis
5.	avian infectious bronchitis
6.	avian leukosis
7.	avian salmonellosis
8.	avian spirochaetosis
9.	avian tuberculosis
10.	blackleg
11.	botulism
12.	bovine genital campylobacteriosis
13.	bovine malignant catarrhal fever
14.	bovine viral diarrhoea or mucosal disease
15.	caprine arthritis-encephalitis
16.	caseous lymphadenitis
17.	coccidiosis
18.	contagious ophthalmia
19.	contagious pustular dermatitis
20.	dermatophilosis
21.	distomatosis (liver fluke)
22.	duck virus enteritis
23.	echinococcosis or hydatidosis
24.	enterotoxaemia
25.	enzootic abortion
26.	enzootic bovine leucosis
27.	equine coital exanthema
28.	equine influenza
29.	equine rhinopneumonitis
30.	European foul brood
31.	filariasis
32.	foot-rot
33.	fowl pox
34.	haemorrhagic septicemia
35.	horse mange (Psoroptes equi)
36.	equine viral arteritis
37.	infectious bovine rhinotracheitis (IBR or IPV)
38.	infectious bursal disease (Gumboro disease)
39.	infectious coryza
40.	intestinal salmonella infections
41.	listeriosis
42.	maedi-visna
43.	Marek's disease
44.	melioidosis
45.	avian mycoplasmosis (M. Gallisepticum)
46.	myxomatosis
47.	nosematosis of bees
48.	other clostridial infections
49.	other pasteurelloses
50.	ovine epididymitis (Brucella ovis)
51.	ovine pulmonary adenomatosis
52.	paratuberculosis (Johne's disease)
53.	porcine reproductive and respiratory syndrome (PRRS)
54.	Q fever
55.	Salmonella abortus ovis
56.	Salmonella abortus equi
57.	sheep mange (scab)
58.	strangles
59.	swine erysipelas
60.	toxoplasmosis
61.	transmissible gastroenteritis (TGE)
62.	trichomoniasis
63.	tularaemia
64.	ulcerative lymphangitis
65.	vibrionic dysentery
66.	warble infestation

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

[44-1-o]

Regulations Amending the Reportable Diseases Regulations

Statutory Authority

Health of Animals

Sponsoring Agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The purpose of the Health of Animals Act (the Act) is to prevent the introduction of animal diseases into Canada, to prevent the spread within Canada of animal 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.

These proposed Regulations amend the Reportable Diseases Regulations (Regulations) made under section 2 of the Act. Subsections 5(1) and (2) of the Act require owners (or anyone caring for or having control over animals), veterinarians or laboratories to immediately notify a veterinary inspector of the Canadian Food Inspection Agency (CFIA) when they suspect that one of the diseases listed in the Regulations is present, or when they become aware of any fact that may indicate the disease's presence. The CFIA then takes action to either control the disease (prevent the spread) or eradicate it (eliminate it from Canada), based on a strategy agreed to by all stakeholders. Failure to comply with this requirement is an offence under the Act and can result in the denial of compensation if animals are ordered destroyed, or the recovery of costs relating to the control of a disease outbreak.

The Regulations were amended on April 25, 2001 by removing several diseases. At that time, it was expected that some of those diseases and the remaining diseases on the list for the export of animals would be included in a separate "notifiable diseases list", which would be contained in the Health of Animals Regulations. This notifiable diseases list would include the diseases for which no program exists and for which information is being gathered, primarily to meet Canada's international obligation for surveillance of disease in livestock and other animals. Laboratories would be required to notify the CFIA immediately upon diagnosis of a disease that appears on this list; however, the CFIA would not have any obligation or commitment to take action when told of diseases listed as notifiable. The publication of the notifiable diseases list was delayed in order to attempt to reach a consensus at the request of the poultry industry, to include certain diseases that occur in Canada on the list of notifiable diseases that laboratories must notify the CFIA of immediately upon diagnosis.

The failure to enact the notifiable diseases list meant that Canada did not meet the requirement of the European Union (EU) that requires that four equine diseases be "notifiable" under Canadian law. The diseases in question — dourine, eastern and western equine encephalomyelitis, and glanders — were not contained in the Canadian "reportable diseases" regulations (they were removed by the April 25, 2001 amendment) and, consequently, Canadian horses could not be exported to the EU.

On August 15, 2001, the Regulations were amended to include the four equine diseases in order to address the situation and to allow continued export of horses to the EU.

This amendment to the Reportable Diseases Regulations is administrative in nature and serves to remove the four equine diseases from the Regulations, as they are included in a notifiable diseases list under the proposed amendments to the Health of Animals Regulations.

Alternatives

Option 1 — Status Quo

It would not be acceptable to leave the four diseases affecting horses in the "reportable diseases" Regulations, as they are included in proposed amendments to the Health of Animals Regulations, thus placing them on a "notifiable diseases list."

The relative severity of these diseases does not merit their status as "reportable."

It is more appropriate to include these foreign and irregularly occurring diseases on an immediately notifiable list. The CFIA would be notified immediately of the presence of one of these diseases, with full disclosure of the name and address of the owner, so that it could react with expediency to mount a significant eradication effort, if required.

Option 2 — Amend the Regulations to remove the four horse diseases — Preferred Option

This is the preferred alternative, as the diseases are now listed in the new proposed amendment to the Health of Animals Regulations, placing them on a notifiable diseases list. The four equine diseases were placed back on the reportable diseases list in order to rectify a certification requirement, with the expectation that once the notifiable diseases list was introduced, the reportable list would be amended to remove the four equine diseases.

Benefits and Costs

These proposed Regulations will not change the normal diagnostic and surveillance activities currently being carried out by the provincial and federal laboratories. There will be little or no economic and resource impact on the CFIA.

Based on Treasury Board's definition of "major" or "significant" regulatory amendments, this is not considered significant and, therefore, a full benefit-cost analysis is not warranted.

Consultation

There has been extensive consultation with the industry and the provinces on the changes that are being made to the Regulations and to the proposed notifiable diseases list. The four equine diseases named in this amendment were accepted as part of that consultation. Meetings were held in each province, with the exception of the Atlantic area, and were open to anyone interested in attending. Specific invitations were extended to the CFIA field staff, provincial agricultural staff, and livestock industry organizations at the national, provincial, and local levels. One meeting was held in New Brunswick, and representatives from all the Atlantic provinces were invited. The feedback from attendees of these meetings was used to further modify the proposed lists of diseases.

Compliance and Enforcement

The proposed Regulations will not change the normal diagnostic and surveillance activities currently being carried out by the provincial and federal agency laboratories. Although the four equine diseases are being removed from these Regulations, they are being included in the proposed amendments to the Health of Animals Regulations, which would see them included on a notifiable diseases list.

Contact

Dr. Carolyn Inch, National Manager, Disease Control, Animal Health and Production Division, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9, (613) 225-2342, extension 4757 (Telephone), (613) 228-6631 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Minister of Agriculture and Agri-Food, pursuant to section 2 of the Health of Animals Act, proposes to make the annexed Regulations Amending the Reportable Diseases Regulations.

Interested persons may make representations concerning the proposed amendment within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Dr. Carolyn Inch, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario, K1A 0Y9. Tel: (613) 225-2342 (ext. 4757); Fax: (613) 228-6636.

LYLE VANCLIEF
Minister of Agriculture and Agri-Food

REGULATIONS AMENDING THE REPORTABLE DISEASES REGULATIONS

AMENDMENTS

1. Items 12.1 and 12.2 of the schedule to the Reportable diseases Regulations (see footnote 2)  are repealed.

2. Item 16.1 of the schedule to the Regulations is repealed.

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

[44-1-o]

Footnote a 

S.C. 1993, c. 34, s. 76

Footnote b 

S.C. 1990, c. 21

Footnote 1 

C.R.C., c. 296; SOR/91-525

Footnote 2 

SOR/91-2

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