Animal Health Act, 2009, S.O. 2009, c. 31

• Jurisdiction: Ontario

Animal Health Act, 2009

S.o. 2009, CHAPTER 31

Consolidation Period: From March 22, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 2, Sched. 1.

CONTENTS

Purposes and Definitions

Purposes

1 The purposes of this Act are to provide for,

(a) the protection of animal health in Ontario;

(b) the establishment of measures to assist in the prevention of, detection of, response to, control of and recovery from hazards associated with animals that may affect animal health or human health or both;

(c) the regulation of activities related to animals that may affect animal health or human health or both; and

(d) the enhancement of the safety of food and other products derived from animals that humans may consume or use. 2009, c. 31, s. 1.

Definitions

2 In this Act,

“animal” means any creature that is not human and includes any other thing prescribed as an animal, but does not include any thing prescribed as excluded; (“animal”)

“animal by-product” means a part of an animal or its carcass that is extracted, collected or otherwise obtained from an animal or from its carcass for purposes that are not a principal intention of growing or raising the animal and includes,

(a) blood and any of its components, and anything containing any of those things or derived from any of those things,

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

(c) any other thing prescribed as an animal by-product,

but does not include any thing prescribed as excluded; (sous-produit animal”)

“animal health control area” means an animal health control area established under section 24; (“région de contrôle de la santé animale”)

“animal product” means any material derived from an animal or its carcass where a principal intention of growing or raising the animal is for the consumption or other use by humans or animals of the material, whether for food, fibre, fuel, pharmacological or medical purposes, and includes,

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

(b) meat,

(c) milk, cream, butter and cheese,

(d) eggs,

(e) honey,

(f) fibre derived from animals,

(g) hides, skins and pelts, and

(h) any other thing prescribed as an animal product,

but does not include any thing prescribed as excluded; (“produit animal”)

“biosecurity measures” means actions taken to minimize the entry or spread of a hazard; (“mesures de biosécurité”)

“certificate” means a certificate issued under this Act; (“certificat”)

“Chief Medical Officer of Health” means the Chief Medical Officer of Health appointed under the Health Protection and Promotion Act; (“médecin-hygiéniste en chef”)

“Chief Veterinarian for Ontario” means the Chief Veterinarian for Ontario appointed under section 4; (“vétérinaire en chef de l’Ontario”)

“conveyance” means any vehicle, aircraft, train, vessel or other thing used to transport living or dead animals, animal products, animal by-products, inputs, fomites, vectors, waste material or any other thing to which this Act or its regulations apply; (“moyen de transport”)

“custodian” means, when used in reference to an animal, a person who is responsible for the care of and control over an animal; (“gardien”)

“Deputy Chief Veterinarian for Ontario” means the Deputy Chief Veterinarian for Ontario appointed under section 5; (“vétérinaire en chef adjoint de l’Ontario”)

“director” means a director appointed under section 6; (“directeur”)

“fomite” means an inanimate object that is capable of carrying or transmitting a disease or a biological, chemical, physical or radiological agent or factor that is a hazard and includes,

(a) material used for bedding animals,

(b) any clothing, footwear or equipment if it may contain a disease or a biological, chemical, physical or radiological agent or factor that is a hazard or if it may have come into contact with a hazard or an animal that a hazard is affecting or in which a hazard may be present, and

(c) any other thing prescribed as a fomite,

but does not include a conveyance or any thing prescribed as excluded; (“vecteur passif”)

“hazard” means,

(a) a disease or a biological, chemical, physical or radiological agent or factor,

(b) a condition of a premises or conveyance or the environment in which an animal, animal product, animal by-product, input, waste material, fomite, vector or any other thing is kept, housed, processed, raised, grown, displayed, stored, assembled, sold, offered for sale, slaughtered, transported or disposed of, or

(c) any other thing prescribed as a hazard,

where in the absence of control, the disease, agent, factor, condition, environment or other thing, as the case may be, adversely affects or is likely to adversely affect the health of any animal or is likely to cause, directly or indirectly, significant harm to human health, but does not include any thing prescribed as excluded; (“danger”)

“immediately notifiable hazard” means an immediately notifiable hazard or class of immediately notifiable hazards specified by the regulations; (“danger à notification immédiate”)

“input” means a substance or an organism that may be used in the growing or raising of an animal and includes animal food, water, drugs, supplements, additives, treatments, growth promotants and any other thing prescribed as an input, but does not include any thing prescribed as excluded; (“intrant”)

“inspector” means an inspector appointed under section 17; (“inspecteur”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“laboratory” means a facility that carries out operations and procedures for the examination of samples and specimens submitted by a third party from living or dead animals, animal products, animal by-products, inputs, fomites, vectors, waste material and other things related to animals to which this Act or the regulations apply in order to inform a diagnosis, prophylaxis, treatment or other veterinary analysis in respect of a hazard, but does not include any facility prescribed not to be a laboratory; (“laboratoire”)

“licence” means a licence issued under this Act; (“permis”)

“livestock medicine” means a drug or class of drugs prescribed by the Minister as livestock medicine; (“médicament pour le bétail”)

“Minister” means the Minister of Agriculture, Food and Rural Affairs or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“periodically notifiable hazard” means a periodically notifiable hazard or class of periodically notifiable hazards specified by the regulations; (“danger à notification périodique”)

“permit” means a permit issued under this Act; (“autorisation”)

“personal information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“premises” means land, buildings, structures, facilities, or any of them, and includes waters, temporary and portable structures, trailers that are not part of a conveyance, portable facilities and any part or parts of any of them; (“lieu”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“registration” means a registration issued under this Act; (“inscription”)

“regulation” means a regulation made under this Act; (“règlement”)

“reportable hazard” means a reportable hazard or class of reportable hazards specified by the regulations; (“danger à déclaration obligatoire”)

“surveillance zone” means a surveillance zone established under section 23; (“zone de surveillance”)

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal; (“Tribunal”)

“vector” means a living organism that is capable of carrying and transmitting a disease or a biological agent or factor that is a hazard and includes any other thing prescribed as a vector, but does not include a human or any thing prescribed as excluded; (“vecteur”)

“veterinarian” means a person licensed under the Veterinarians Act to engage in the practice of veterinary medicine; (“vétérinaire”)

“waste material” means any material secreted by or excreted from an animal that is not an animal product or animal by-product or material that is derived from an animal or its carcass and that has been discarded and includes,

(a) composted material containing feces, urine, dead animals or any animal product or animal by-product,

(b) any thing containing any of the things referred to in this definition or derived from any of those things, and

(c) any other thing prescribed as waste material,

but does not include any thing prescribed as excluded. (“déchets”) 2009, c. 31, ss. 2, 67 (1).

Section Amendments with date in force (d/m/y)

2009, c. 31, s. 67 (1) - 01/01/2021

Administration

Agreements

3 (1) The Minister may enter into agreements with any person or entity for the purposes of this Act to perform such duties or undertake such functions as the Minister may specify, on such conditions as the Minister may specify. 2009, c. 31, s. 3 (1).

Advisory committees

(2) The Minister shall establish such committees as the Minister considers appropriate to provide advice to the Minister or the Chief Veterinarian for Ontario on any matter related to the protection of animal health and matters regulated under this Act. 2009, c. 31, s. 3 (2).

Chief Veterinarian for Ontario

4 (1) The Minister shall appoint an employee in the Ministry to act as Chief Veterinarian for Ontario for the purposes of this Act. 2009, c. 31, s. 4 (1).

Qualifications

(2) The qualifications of the Chief Veterinarian for Ontario are that he or she,

(a) is a veterinarian who holds a licence without conditions or limitations;

(b) has engaged in the practice of veterinary medicine for at least five years; and

(c) possesses the qualifications for the...