ARCHIVED — Regulations Amending the Health of Animals Regulations

Warning This Web page has been archived on the Web.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Vol. 144, No. 26 — December 22, 2010

Registration

SOR/2010-296 December 10, 2010

HEALTH OF ANIMALS ACT

P.C. 2010-1575 December 9, 2010

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 64(1) (see footnote a) of the Health of Animals Act (see footnote b), hereby makes the annexed Regulations Amending the Health of Animals Regulations.

REGULATIONS AMENDING THE HEALTH OF ANIMALS REGULATIONS

AMENDMENTS

1. Subsection 8(1) of the Health of Animals Regulations (see footnote 1) is replaced by the following:

8. (1) The Minister may accept a certificate or any other document referred to in this Part, any of Parts III to VIII or Part XVI that is transmitted in electronic form, including by facsimile.

2. Sections 100 and 101 of the Regulations are replaced by the following:

100. Subject to section 99, no person shall, unless authorized by an inspector, place or affix a tag or other mark referred to in section 98, 99 or 201 on an animal.

101. No person shall, unless authorized by an inspector, remove or deface a tag or other mark placed on an animal pursuant to section 98, 99 or 201.

3. The Regulations are amended by adding the following after section 189:

PART XVI

AQUATIC ANIMALS

INTERPRETATION

190. The following definitions apply in this Part.

“aquatic animal” means any finfish, mollusc or crustacean, or any part of a finfish, mollusc or crustacean at any life stage, as well as any germplasm of those animals. (animal aquatique)

“eviscerated”, in relation to a finfish, means that the internal organs, excluding the brain and gills, have been removed. (éviscéré)

“finfish” means any cold-blooded aquatic vertebrate possessing fins and gills. (poisson à nageoires)

“germplasm” means semen, male or female germ cells or genetic material taken from a male or female germ cell for the purpose of producing a zygote. (matériel génétique)

“offal”, in relation to an aquatic animal, means waste portions including the visceral and non-visceral organs, cut-offs and raw material. (abats)

“species” means, in respect of germplasm, the species of the aquatic animal that it is from. (espèce)

4. The Regulations are amended by adding the following after section 190:

IMPORTATION OF AQUATIC ANIMALS

Aquatic Animals Listed in Schedule III

191. No person shall import an aquatic animal listed in Schedule III except in accordance with a permit issued under section 160.

Pet Aquatic Animals

192. (1) Despite section 191, an aquatic animal listed in Schedule III may be imported without a permit for use as a pet if

(a) the aquatic animal is a member of one of the following species, namely, Barbonymus gonionotus, Carassius auratus, Colisa lalia, Danio rerio, Glossogobius giuris, Osphronemus goramy, Oxyeleotris marmorata, Poecilia reticulata, Puntius sophore, Symphysodon discus, Toxotes chatareus, Trichogaster pectoralis or Trichogaster trichopterus;

(b) the aquatic animal has not been taken to a show or display outside Canada;

(c) the aquatic animal is imported by its owner;

(d) the aquatic animal is accompanied or picked up by its owner at the point of entry into Canada; and

(e) the owner presents proof of the owner’s identity and his or her ownership of the aquatic animal to the inspector.

(2) An aquatic animal imported under subsection (1) shall be kept in an aquarium in the household of its owner, and the owner shall not, for the year following the importation, expose it to any aquatic animals other than those kept in the household.

(3) The owner of an aquatic animal imported under subsection (1) shall not, in the period of 90 days after the importation, import another aquatic animal under that subsection.

(4) The owner of an aquatic animal imported under subsection (1) shall keep the records of the importation, including the documents required under paragraph (1)(e).

Aquatic Animals for Personal Use

193. (1) Despite section 191, an aquatic animal listed in Schedule III may be imported without a permit if

(a) the aquatic animal is imported by a person for his or her personal use;

(b) the person brings the aquatic animal into Canada or picks it up at the point of entry into Canada; and

(c) the person presents, to the inspector, proof of his or her identity and proof of the manner in which he or she acquired the aquatic animal.

(2) The quantity of aquatic animals that may be imported under subsection (1) shall not exceed

(a) four crustaceans;

(b) three kilograms of molluscs; and

(c) ten finfish that are not eviscerated.

Aquatic Animals not Listed in Schedule III

194. No person shall import an aquatic animal that is not listed in Schedule III unless it is accompanied by a document that is satisfactory to an inspector and that includes the following information:

(a) the name and address of the exporter;

(b) the name and address of the importer;

(c) the taxonomic name of the aquatic animal, the life stage, and the number being imported, if more than one; and

(d) the country in which the aquatic animal was born or where the germplasm came from and, in the case of an aquatic animal, whether it was born in captivity or in the wild.

Importation of Carcasses and Offal

195. (1) No person shall import into Canada, except in accordance with a permit issued under section 160

(a) the carcass or a part of the carcass of a finfish listed in Schedule III for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis or, if the carcass has not been eviscerated, for any purpose that will produce offal or effluent containing anything from the finfish;

(b) the carcass or a part of the carcass of a mollusc listed in Schedule III, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce offal or effluent containing anything from the mollusc;

(c) the carcass or a part of the carcass of a crustacean listed in Schedule III, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce offal or effluent containing anything from the crustacean; or

(d) offal from a finfish, mollusc or crustacean listed in Schedule III, for use as bait, for use in feeding to, or manufacturing feed for aquatic animals, for research or diagnosis, or for any purpose that will produce effluent containing anything from that offal.

5. The Regulations are amended by adding the following in numerical order:

PREVENTING THE SPREAD OF DISEASES OF AQUATIC ANIMALS

Eradication Areas

196. Each province, each territory, and the territorial sea and contiguous zone of Canada taken together, is established as an eradication area in which

(a) any finfish, mollusc or crustacean listed in Schedule III may be inspected, segregated and tested for any disease listed in the schedule to the Reportable Diseases Regulations; and

(b) disease eradication programs may be instituted for preventing the spread of any disease listed in the schedule to the Reportable Diseases Regulations.

197. Every owner or person having the possession, care or control of an aquatic animal or a thing in an eradication area shall, when requested by a veterinary inspector, an inspector or an accredited veterinarian endorsed by a veterinary inspector, permit tests for any of the diseases listed in the schedule to the Reportable Diseases Regulations to be conducted on the aquatic animal or the thing.

198. (1) The Minister may declare an eradication area, or a part of one, to be an infected area with respect to any of the diseases of aquatic animals listed in the schedule to the Reportable Diseases Regulations if the disease has been identified in the eradication area, or part of it, and may designate the aquatic animals susceptible to that disease, unless

(a) the infected animals and any things that have been exposed to the disease have been treated or disposed of in a manner that satisfies a veterinary inspector that the disease has been eliminated from the eradication area or part of it, and the result of an epidemiological examination satisfies the veterinary inspector in charge of the examination that the disease has been eradicated from the eradication area or part of it; or

(b) the animals, things or disease are located in a containment facility.

(2) The Minister may declare an eradication area, or a part of one, to be a free area with respect to any of the diseases of aquatic animals listed in the schedule to the Reportable Diseases Regulations if he or she is satisfied that

(a) the eradication area, or part of it, is free of that disease, based on one or more of the following factors:

(i) the amount of time since the disease was last identified in the area or part of it,

(ii) the examination of all suspected outbreaks and the decision by the veterinary inspector that the disease is not present,

(iii) the actions taken to eradicate the disease, if it was identified, and the success of those actions, based on the factors set out in paragraphs (1)(a) and (b),

(iv) the disease detection activities are sufficient to detect the presence of the disease,

(v) the measures taken to prevent the introduction of the disease into the eradication area, or part of it, and the ability to enforce those measures,

(vi) the physical barriers to the spread of the disease,

(vii) any other scientific information relevant to the disease, and

(viii) the separation of the free area, or part of it, from any infected area by a buffer area; and

(b) disease detection activities sufficient to detect the presence of the disease are maintained while the declaration is in effect.

(3) The Minister may declare an eradication area, or a part of one, to be a buffer area for any of the diseases listed in the schedule to the Reportable Diseases Regulations if he or she is satisfied that even though the disease has not been detected within the eradication area, or part of it, that area or part of it is at risk of becoming infected, because of its epidemiological relationship to an infected area.

(4) The Minister may declare an eradication area, or a part of one, to be a provisionally free area for any of the diseases listed in the schedule to the Reportable Diseases Regulations if the eradication area or part of it is not an infected area, free area or buffer area.

(5) Any declaration under this section shall include a description of the eradication area, or part of it, the name of the disease on which the declaration is based and the list of the species of aquatic animals and carcasses or parts of carcasses of those aquatic animals that are susceptible to that disease.

MOVEMENT OF AQUATIC ANIMALS

199. (1) No person shall move, or cause to be moved, an aquatic animal or a thing specified in a declaration made under subsection 198(1) from an eradication area, or a part of one, that has been declared an infected area for a disease named in the declaration, to a free area, buffer area or provisionally free area for that disease, except in accordance with a permit issued under section 160.

(2) No person shall move, or cause to be moved, an aquatic animal or a thing specified in a declaration made under subsection 198(3) from an eradication area, or a part of one, that has been declared a buffer area for a disease named in the declaration, to a free area, another buffer area or a provisionally free area for that disease, except in accordance with a permit issued under section 160.

(3) No person shall move, or cause to be moved, an aquatic animal or thing specified in a declaration made under subsection 198(4) from an eradication area, or a part of one, that has been declared a provisionally free area for a disease named in the declaration, to a free area for that disease, except in accordance with a permit issued under section 160.

200. If, in the opinion of the Minister, an aquatic animal is moved into an area in violation of section 199, the Minister may order that the aquatic animal be taken back without delay to the area from which it was moved or to an area of equal or lesser health status.

MARKING OF AQUATIC ANIMALS

201. If an aquatic animal is tested for a disease listed in the schedule to the Reportable Diseases Regulations or a disease named in Schedule VII and the animal reacts positively to the test, the owner of the animal shall ensure that it is marked with an identifier appropriate to the species or that its container is identified as containing an infected animal.

GENERAL

202. If, under this Part, a permit, certificate or other document is required for the removal or transportation of an aquatic animal, the person having the possession, care or control of the aquatic animal shall, when requested to do so by an inspector or peace officer appointed under the Act, produce the permit, certificate or other document.

6. The Regulations are amended by adding, after Schedule II, the Schedule III set out in Schedule 1 to these Regulations.

7. Schedules VII and VIII to the Regulations are replaced by Schedules VII and VIII set out in Schedule 2 to these Regulations.

COMING INTO FORCE

8. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Section 4 comes into force on the day that is one year after the day on which these Regulations are registered.

SCHEDULE 1
(Section 6)

SCHEDULE III
(Sections 191 to 196)

SUSCEPTIBLE SPECIES OF AQUATIC ANIMALS

PART 1

FINFISH

Item

Species

1.

Abramis brama

2.

Acanthopagrus australis

3.

Acanthopagrus berda

4.

Acanthopagrus latus

5.

Acanthopagrus schlegelii

6.

Acipenser fulvescens

7.

Acipenser gueldenstaedtii

8.

Acipenser transmontanus

9.

Alosa sapidissima

10.

Ambassis agassizii

11.

Ambloplites rupestris

12.

Ameiurus melas

13.

Ameiurus nebulosus

14.

Ammodytes hexapterus

15.

Ammodytes personatus

16.

Amniataba percoides

17.

Anabas testudineus

18.

Anarhichas minor

19.

Anguilla anguilla

20.

Anguilla japonica

21.

Aplodinotus grunniens

22.

Archosargus probatocephalus

23.

Argentina sphyraena

24.

Aseraggodes macleayanus

25.

Aulorhynchus flavidus

26.

Bairdiella chrysoura

27.

Barbonymus gonionotus

28.

Barbus barbus

29.

Barbus paludinosus

30.

Barbus poechii

31.

Barbus thamalakenensis

32.

Barbus unitaeniatus

33.

Bidyanus bidyanus

34.

Brevoortia tyrannus

35.

Brycinus lateralis

36.

Carassius auratus

37.

Carassius carassius

38.

Catostomus commersonii

39.

Channa striata

40.

Chondrostoma polylepis

41.

Cirrhinus mrigala

42.

Clarias batrachus

43.

Clarias gariepinus

44.

Clarias ngamensis

45.

Clupea harengus

46.

Clupea pallasii

47.

Colisa lalia

48.

Coregonus clupeaformis

49.

Coregonus lavaretus

50.

Ctenolabrus rupestris

51.

Ctenopharyngodon idella

52.

Cymatogaster aggregata

53.

Cyprinus carpio

54.

Cyprinus carpio koi

55.

Danio rerio

56.

Dicentrarchus labrax

57.

Dorosoma cepedianum

58.

Enchelyopus cimbrius

59.

Epinephelus akaara

60.

Epinephelus awoara

61.

Epinephelus bruneus

62.

Epinephelus coioides

63.

Epinephelus fuscoguttatus

64.

Epinephelus lanceolatus

65.

Epinephelus malabaricus

66.

Epinephelus septemfasciatus

67.

Epinephelus tauvina

68.

Esox lucius

69.

Esox masquinongy

70.

Eutrigla gurnardus

71.

Evynnis japonica

72.

Fundulus heteroclitus

73.

Fundulus majalis

74.

Gadus macrocephalus

75.

Gadus morhua

76.

Galaxias olidus

77.

Gambusia affinis

78.

Gasterosteus aculeatus

79.

Gibelion catla

80.

Girella punctata

81.

Glossamia aprion

82.

Glossogobius giuris

83.

Hepsetus odoe

84.

Hippoglossus hippoglossus

85.

Hucho hucho

86.

Hydrocynus vittatus

87.

Hypomesus pretiosus

88.

Hypophthalmichthys molitrix

89.

Hypophthalmichthys nobilis

90.

Ictalurus punctatus

91.

Kurtus gulliveri

92.

Labeo cylindricus

93.

Labeo lunatus

94.

Labeo rohita

95.

Lampetra fluviatilis

96.

Larimichthys crocea

97.

Lateolabrax japonicus

98.

Lates calcarifer

99.

Leiognathus equulus

100.

Leiopotherapon unicolor

101.

Lepomis gibbosus

102.

Lepomis macrochirus

103.

Lethrinus haematopterus

104.

Lethrinus nebulosus

105.

Leuciscus idus

106.

Limanda limanda

107.

Lota lota

108.

Lutjanus argentimaculatus

109.

Maccullochella peelii

110.

Macquaria australasica

111.

Marcusenius macrolepidotus

112.

Melanogrammus aeglefinus

113.

Melanotaenia splendida

114.

Merlangius merlangus

115.

Merluccius merluccius

116.

Merluccius productus

117.

Micralestes acutidens

118.

Microgadus proximus

119.

Micromesistius poutassou

120.

Micropterus dolomieu 

121.

Micropterus salmoides

122.

Microstomus kitt

123.

Monopterus albus

124.

Morone americana

125.

Morone chrysops

126.

Morone saxatilis

127.

Moxostoma anisurum

128.

Moxostoma macrolepidotum

129.

Mugil cephalus

130.

Mugil curema

131.

Nematalosa erebi

132.

Neogobius melanostomus

133.

Notropis atherinoides

134.

Notropis hudsonius

135.

Oncorhynchus clarkii

136.

Oncorhynchus gorbuscha

137.

Oncorhynchus keta

138.

Oncorhynchus kisutch

139.

Oncorhynchus masou

140.

Oncorhynchus mykiss

141.

Oncorhynchus nerka

142.

Oncorhynchus rhodurus

143.

Oncorhynchus tshawytscha

144.

Oplegnathus fasciatus

145.

Oplegnathus punctatus

146.

Oreochromis andersoni

147.

Oreochromis machrochir

148.

Oreochromis niloticus

149.

Osphronemus goramy

150.

Oxyeleotris lineolatus

151.

Oxyeleotris marmorata

152.

Pagrus major

153.

Paralichthys lethostigma

154.

Paralichthys olivaceus

155.

Parapristipoma trilineatum

156.

Parophrys vetulus

157.

Perca flavescens

158.

Perca fluviatilis

159.

Percopsis omiscomaycus

160.

Petrocephalus catostoma

161.

Phoxinus phoxinus

162.

Pimephales notatus

163.

Pimephales promelas

164.

Platichthys flesus

165.

Platycephalus fuscus

166.

Plecoglossus altivelis

167.

Plectorhinchus cinctus

168.

Pleuronectes platessa

169.

Poecilia reticulata

170.

Pogonias cromis

171.

Pollachius virens

172.

Pomatoschistus minutus

173.

Pomoxis nigromaculatus

174.

Psetta maxima

175.

Pseudocaranx dentex

176.

Puntius sophore

177.

Rachycentron canadum

178.

Reinhardtius hippoglossoides

179.

Rhabdosargus sarba

180.

Rhodeus ocellatus

181.

Rutilus rutilus

182.

Salmo salar

183.

Salmo trutta

184.

Salvelinus alpinus

185.

Salvelinus confluentus

186.

Salvelinus fontinalis

187.

Salvelinus leucomaenis

188.

Salvelinus namaycush

189.

Sander vitreus

190.

Sardinops sagax

191.

Sargochromis codringtonii

192.

Sargochromis giardi

193.

Scaphirhynchus albus

194.

Scaphirhynchus platorynchus

195.

Scardinius erythrophthalmus

196.

Scatophagus argus

197.

Schilbe intermedius

198.

Schilbe mystus

199.

Scleropages jardinii

200.

Scomber japonicus

201.

Scomberomorus niphonius

202.

Scortum barcoo

203.

Sebastes schlegelii

204.

Selenotoca multifasciata

205.

Seriola dumerili

206.

Seriola lalandi

207.

Seriola quinqueradiata

208.

Serranochromis angusticeps

209.

Serranochromis carlottae

210.

Serranochromis robustus

211.

Sillago ciliata

212.

Silurus glanis

213.

Solea senegalensis

214.

Sparus aurata

215.

Sprattus sprattus

216.

Strongylura kreffti

217.

Symphysodon discus

218.

Takifugu rubripes

219.

Theragra chalcogramma

220.

Thunnus thynnus

221.

Thymallus arcticus

222.

Thymallus thymallus

223.

Tilapia rendalli

224.

Tilapia sparrmanii

225.

Tinca tinca

226.

Toxotes chatareus

227.

Toxotes lorentzi

228.

Trachinotus blochii

229.

Trachurus japonicus

230.

Trichogaster pectoralis

231.

Trichogaster trichopterus

232.

Tridentiger obscurus

233.

Trisopterus esmarkii

234.

Trisopterus minutus

235.

Verasper variegatus

PART 2

MOLLUSCS

Item

Species

1.

Anadara trapezia

2.

Austrovenus stutchburyi

3.

Barbatia novaezealandiae

4.

Cerastoderma edule

5.

Chama pacifica

6.

Chamelea gallina

7.

Crassostrea ariakensis

8.

Crassostrea corteziensis

9.

Crassostrea gigas

10.

Crassostrea hongkongensis

11.

Crassostrea nippona

12.

Crassostrea rhizophorae

13.

Crassostrea virginica

14.

Haliotis corrugata

15.

Haliotis cracherodii

16.

Haliotis cyclobates

17.

Haliotis discus hannai

18.

Haliotis diversicolor

19.

Haliotis fulgens

20.

Haliotis laevigata

21.

Haliotis rubra

22.

Haliotis rufescens

23.

Haliotis scalaris

24.

Haliotis sorenseni

25.

Haliotis tuberculata

26.

Haliotis wallalensis

27.

Katelysia rhytiphora

28.

Macoma balthica

29.

Macomona liliana

30.

Mercenaria mercenaria

31.

Mya arenaria

32.

Mytilus edulis

33.

Mytilus galloprovincialis

34.

Ostrea angasi

35.

Ostrea chilensis

36.

Ostrea conchaphila

37.

Ostrea denselamellosa

38.

Ostrea edulis

39.

Ostrea lutaria

40.

Ostrea puelchana

41.

Paphia undulata

42.

Paphies australis

43.

Pinctada margaritifera

44.

Pinctada martensii

45.

Pitar rostratus

46.

Protothaca jedoensis

47.

Saccostrea glomerata

48.

Solen marginatus

49.

Tridacna crocea

50.

Tridacna maxima

51.

Venerupis aurea

52.

Venerupis decussata

53.

Venerupis philippinarum

54.

Venerupis pullastra

PART 3

CRUSTACEANS

Item

Species

1.

Acetes japonicus

2.

Aristeus antennatus

3.

Astacopsis fluviatilis

4

Astacopsis gouldi

5.

Astacus astacus

6.

Astacus leptodactylus

7.

Atergatis integerrimus

8.

Austropotamobius pallipes

9.

Austropotamobius torrentium

10.

Calappa lophos

11.

Calappa philarigus

12.

Callinectes sapidus

13.

Cambroides japonicus

14.

Cancer irroratus

15.

Cancer pagurus

16.

Carcinus maenas

17.

Cervimunida johni

18.

Charybdis annulata

19.

Charybdis cruciata

20.

Charybdis feriatus

21.

Charybdis granulata

22.

Charybdis hoplites

23.

Charybdis lucifera

24.

Charybdis natator

25.

Cherax destructor

26.

Cherax papuanas

27.

Cherax quadricarinatus

28.

Cherax tenuimanus

29.

Chionoecetes angulatus

30.

Chionoecetes japonicus

31.

Chionoecetes tanneri

32.

Crangon crangon

33.

Demania splendida

34.

Erimacrus isenbeckii

35.

Eriocheir sinensis

36.

Euastacus clydensis

37.

Euastacus crassus

38.

Euastacus kershawi

39.

Euphausia superba

40.

Exopalaemon orientis

41.

Exopalaemon styliferus

42.

Farfantepenaeus aztecus

43.

Farfantepenaeus brasiliensis

44.

Farfantepenaeus californiensis

45.

Farfantepenaeus duorarum

46.

Farfantepenaeus notialis

47.

Farfantepenaeus paulensis

48.

Farfantepenaeus subtilis

49.

Fenneropenaeus chinensis

50.

Fenneropenaeus indicus

51.

Fenneropenaeus merguiensis

52.

Fenneropenaeus penicillatus

53.

Gelasimus marionis nitidus

54.

Geocherax gracilis

55.

Grapsus albolineatus

56.

Halimede ochtodes

57.

Hemigrapsus penicillatus

58.

Heterocarpus reedi

59.

Homarus americanus

60.

Homarus gammarus

61.

Liagore rubronaculata

62.

Liocarcinus depurator

63.

Liocarcinus puber

64.

Lithodes maja

65.

Litopenaeus occidentalis

66.

Litopenaeus schmitti

67.

Litopenaeus setiferus

68.

Litopenaeus stylirostris

69.

Litopenaeus vannamei

70.

Macrobrachium idella

71.

Macrobrachium lamerrae

72.

Macrobrachium lanchesteri

73.

Macrobrachium rosenbergii

74.

Macrobrachium sintangense

75.

Macrophthalmus sulcatus

76.

Marsupenaeus japonicus 

77.

Matuta miersi

78.

Matuta planipes

79.

Melicertus marginatus

80.

Melicertus plebejus

81.

Menippe rumphii

82.

Metapenaeus affinis

83.

Metapenaeus bennettae

84.

Metapenaeus brevicornis

85.

Metapenaeus dobsoni

86.

Metapenaeus elegans

87.

Metapenaeus ensis

88.

Metapenaeus lysianassa

89.

Metapenaeus monoceros

90.

Metapograpsus messor

91.

Orconectes immunis

92.

Orconectes limosus

93.

Orconectes rusticus

94.

Orconectes virilis

95.

Pacifastacus leniusculus

96.

Palaemon adspersus

97.

Palaemon serrifer

98.

Panulirus homarus

99.

Panulirus polyphagus

100.

Paradorippe granulata

101.

Parthenope prensor

102.

Penaeus esculentus

103.

Penaeus monodon

104.

Penaeus semisulcatus

105.

Podophthalmus vigil

106.

Procambarus clarkii

107.

Procambarus zonangulus

108.

Rimapenaeus similis

109.

Scylla serrata

110.

Scylla tranquebarica

111.

Scyllarus arctus

112.

Sesarma mederi

113.

Solenocera crassicornis

114.

Thalamita danae

115.

Uca pugilator

116.

Uca vocans

SCHEDULE 2
(Section 7)

SCHEDULE VII
(Subsection 91.2(1) and section 201)

IMMEDIATELY NOTIFIABLE DISEASES

Item

Disease

1.

abalone viral mortality (Abalone Herpes-like Virus)

2.

aino virus infection

3.

akabane disease

4.

avian chlamydiosis (C. pscittaci)

5.

avian encephalomyelitis

6.

avian infectious laryngotracheitis

7.

besnoitiosis

8.

Bonamia exitiosa

9.

Bonamia roughleyi

10.

Borna disease

11.

bovine babesiosis (B. bovis)

12.

bovine ephemeral fever

13.

bovine petechial fever

14.

brown ring disease (Vibrio tapetis)

15.

contagious agalactia

16.

contagious caprine pleuropneumonia

17.

crayfish plague (Aphanomyces astaci)

18.

dourine

19.

duck hepatitis

20.

egg drop syndrome (adenovirus)

21.

enterovirus encephalomyelitis (Teschen disease)

22.

epizootic haemorrhagic disease

23.

epizootic lymphangitis

24.

epizootic ulcerative syndrome (Aphanomyces invadans)

25.

equine encephalomyelitis, western and eastern

26.

fluvalinate-resistant Varroa mite

27.

fowl cholera

28.

glanders

29.

goose parvovirus infection (Derzsy’s disease)

30.

gyrodactylosis (Gyrodactylus salaris)

31.

heartwater (cowdriosis)

32.

hendra virus

33.

herpes virus of cervidae

34.

Ibaraki disease

35.

infectious hypodermal and hematopoietic necrosis (Infectious Hypodermal and Haematopoietic Necrosis Virus)

36.

infectious myonecrosis (Infectious Myonecrosis Virus)

37.

Japanese encephalitis

38.

louping ill

39.

Marteilia sydneyi

40.

Nairobi sheep disease

41.

necrotizing hepatopancreatitis

42.

Nipah virus

43.

Oncorhynchus masou virus disease (Oncorhynchus Masou Virus)

44.

red sea bream iridoviral disease (Red Sea Bream Iridovirus)

45.

screwworm (Cochliomyia hominivorax) and (Chrysomyia bezziana)

46.

small hive beetle (Aethina tumida)

47.

theileriasis

48.

tick-borne fever (Cytoecetes phagocytophilia)

49.

tissue worm (Elaphostrongylus cervi)

50.

trypanosomiasis (exotic to Canada)

51.

turkey viral rhinotracheitis or swollen head disease in chickens

52.

viral haemorrhagic disease of rabbits

53.

Wesselbron’s disease

54.

West Nile fever

55.

white tail disease (White Tail Virus)

56.

withering syndrome of abalone (Xenohaliotis californiensis)


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 mycoplasmosis (M. Gallisepticum)

8.

avian salmonellosis

9.

avian spirochaetosis

10.

avian tuberculosis

11.

bacterial kidney disease (Renibacterium salmoninarum)

12.

blackleg

13.

botulism

14.

bovine genital campylobacteriosis

15.

bovine malignant catarrhal fever

16.

bovine viral diarrhoea or mucosal disease

17.

caprine arthritis-encephalitis

18.

caseous lymphadenitis

19.

coccidiosis

20.

contagious ophthalmia

21.

contagious pustular dermatitis

22.

dermatophilosis

23.

distomatosis (liver fluke)

24.

duck virus enteritis

25.

echinococcosis or hydatidosis

26.

enteric red mouth disease (Yersinia ruckeri)

27.

enterotoxaemia

28.

enzootic abortion

29.

enzootic bovine leucosis

30.

equine coital exanthema

31.

equine influenza

32.

equine rhinopneumonitis

33.

equine viral arteritis

34.

European foul brood

35.

filariasis

36.

foot-rot

37.

fowl pox

38.

furunculosis (Aeromonas salmonicida)

39.

haemorrhagic septicaemia

40.

horse mange (Psoroptes equi)

41.

infectious bovine rhinotracheitis (IBR or IPV)

42.

infectious bursal disease (Gumboro disease)

43.

infectious coryza

44.

intestinal salmonella infections

45.

listeriosis

46.

maedi-visna

47.

Marek’s disease

48.

melioidosis

49.

myxomatosis

50.

nosematosis of bees

51.

other clostridial infections

52.

other pasteurelloses

53.

ovine epididymitis (Brucella ovis)

54.

ovine pulmonary adenomatosis

55.

paratuberculosis (Johne’s disease)

56.

porcine reproductive and respiratory syndrome (PRRS)

57.

Q fever

58.

QPX disease (Quahog parasite unknown)

59.

Salmonella abortus equi

60.

Salmonella abortus ovis

61.

seaside organism (Haplosporidium costale)

62.

sheep mange (scab)

63.

strangles

64.

streptococcosis (Streptococcus iniae)

65.

swine erysipelas

66.

toxoplasmosis

67.

transmissible gastroenteritis (TGE)

68.

trichomoniasis

69.

tularaemia

70.

ulcerative lymphangitis

71.

vibrionic dysentery

72.

warble infestation

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue: Canada does not have national regulations to control the import or movement of crustaceans, molluscs or finfish species. There is some disease control regulation of salmonid finfish species but, in areas where programs for the control of aquatic animal disease exist, implementation is limited and varied among provinces/territories. Canada’s aquatic resources are vulnerable to devastation by the introduction or spread of diseases and exporters cannot meet foreign export requirements. Canada’s regulatory infrastructure lags behind international standards for aquatic animal health control measures. This federal regulatory intervention allows Canada to meet international trade standards and prevent the loss of aquatic resources due to the introduction or spread of disease and to ensure access to international markets for Canadian exports.

Description: The amendments to the Health of Animals Regulations (the Regulations) add aquatic animals and diseases of national and international significance to the regulatory framework which was first applied to terrestrial animals. The regulatory changes require the Canadian Food Inspection Agency (CFIA) to be informed of the presence of reportable and notifiable diseases and implement controls to prevent these diseases from being introduced into, or spread within, Canada. Creating a framework to address health risks to aquatic animals addresses regulatory gaps, including meeting international standards in order to maintain market access for Canadian exports.

Cost-benefit statement: The Regulations require that imports of aquatic animals that pose a risk of introducing listed diseases, meet the requirements of international standards for national aquatic animal disease management set by the World Organisation for Animal Health (OIE). In order to implement the Regulations, CFIA and importers will incur costs over the next 10 years of roughly $58 million.

These Regulations will support Canada’s reputation for high quality seafood exports and the CFIA’s current investment in securing market access (domestic and international).

In 2006, Canada exported marine, freshwater and aquaculture fish and seafood products worth $4.1 billion, representing 85% (in value) of catches and aquaculture production. Imports for the same period were worth $2.1 billion, some of which were processed and re-exported. Fishery harvest and processing industries represent a multi-billion-dollar investment to coastal and rural economies in Canada, including Aboriginal communities. In 2006, marine and freshwater fisheries employed (directly and indirectly) 51 462 people, while the processing industry and aquaculture employed, respectively, 28 587 and 3 970 people. Furthermore, money spent on recreational fishing activities contributed $7.5 billion to local economies across Canada.

Increasingly stringent international standards are driving seafood importing nations to require Canada to certify health (disease) status, not just food safety, of live aquatic animals and their products. Without the Regulations, Canada is unable to meet the OIE standards, and faces challenges to export market access in more and more countries. Due to Canada’s inability to certify to OIE standards, Canada is already subject to a lesser market access than the United States, Europe and some other nations.

Business and consumer impacts: Import controls and compulsory notification of regulated diseases support the health attestations required to access current export markets and increase the competitive access for Canadian fish and seafood to new export markets. The Regulations also reduce Canada’s current vulnerability to losses by a wide range of industry stakeholders due to the introduction or spread of infectious diseases. Costs of compliance for businesses and individuals involved in importing live aquatic animals and eviscerated finfish products or movements within Canada from high-risk to low-risk areas depend on the conditions imposed to mitigate the risk of disease transfer.

Without these regulatory amendments, the discovery of an aquatic disease in one part of Canada would have the potential to affect the disease status of the whole country. The Regulations allow for areas to be designated as infected and as buffer areas, thereby preserving a protected status in the rest of the country. This would allow Canada to certify exports of aquatic animals from parts of the country not designated as infected or buffer zones.

These amendments do not address eviscerated fish products, and thus the impact on consumers is minimal. However, as the amendment will help to protect the industry, it is likely to have indirect benefits for consumers.

Domestic and international coordination and cooperation: Canada is a member of the World Organisation for Animal Health (OIE), which has 175 member countries and is the international standard-setting body for the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), as applied to animal health. The WTO recognizes the CFIA as Canada’s Competent Authority for animal health. Canada is an active member at the world and regional levels, and is working with the United States on measures applied to shared waters. Canada is working to ensure that the application of the standards is aligned with those of key trade partners, such as Europe. The Regulations are based on the international standard with specific conditions to protect Canada’s aquatic resources and health status.

Issue

Disease is a significant threat to sustainable farmed and wild aquatic stocks in Canada, killing fish populations and damaging interprovincial and international trade. Canada has not had a comprehensive national regulatory framework to protect our aquatic animal populations from the introduction of diseases or spread of diseases within Canada.

Before the Regulations, federal Fisheries Act regulations, including the Fish Health Protection Regulations, only addressed the import and movement within and between provinces of wild and cultured salmonid species (salmon and trout). Disease control programs administered under the Regulations varied from province to province and only targeted a few species and specific facilities.

In recent years, Canada’s international trading partners have begun to recognize the dangers of the spread of diseases worldwide through trade in aquatic animals and put preventive measures in place. Canada has thus been struggling to maintain exports of aquatic animals. Vietnam, Chile, China, the European Union (which represents 25% of Canada’s seafood exports), Taiwan, Korea, Singapore and Russia have either instituted or will be instituting requirements for Canada to have in place a regulatory authority to control movements of aquatic animals into and out of this country.

The lack of a comprehensive national regulatory framework and program meant that Canada was not meeting international standards for preventing the introduction or spread of disease through trade set out in the Aquatic Animal Health Code established by the OIE.

These Regulations are therefore intended to control aquatic animal disease introduction and spread, thereby meeting international standards. The Regulations identify the most potentially harmful diseases and regulate over 400 commercial and non-commercial aquatic animal species susceptible to those diseases. The Regulations are enforced at international borders and in all facilities across the country under one consistently applied national regulatory framework.

Objectives

The objectives of the Regulations are to prevent the introduction into, and spread within, Canada of serious diseases of aquatic animals. These regulatory amendments are required to meet international standards for the export of Canadian aquatic animals and seafood and to maintain healthy and vigorous aquatic animal populations in Canada by preventing disease introduction and spread.

Description

The Health of Animals Act (the Act) and its Regulations were established to control and eradicate diseases of animals. The Act and its Regulations provide Canada with a solid basis for meeting domestic and import disease control requirements for terrestrial animals. This regulatory amendment provides a similar level of protection for molluscs, crustaceans and finfish, including salmonids.

The Regulations provide Canada with a national regulatory framework for aquatic animals governing the reporting of diseases, establishing movement control programs and the authority for management of aquatic animals’ health which meets international trade standards. The OIE requires a certifying “competent authority” (the CFIA) to have in place the regulatory infrastructure to control imports and the requirement to report regulated diseases. The Regulations establish an infrastructure to prevent the introduction of disease through import control, to prevent the spread of disease through reporting and to establish response mechanisms.

Import controls (inspection and permits)

The Act requires that aquatic animals, their germplasm, carcasses and offal (hereinafter referred to as aquatic animals) be presented for inspection when they are imported. Permits are required to control movements of aquatic animals into Canada.

The Regulations require anyone who wishes to import a susceptible aquatic animal to obtain a permit. The scope of aquatic animals requiring a permit is limited to those susceptible to the listed diseases (Susceptible Species List [Schedule III of the Regulations]) that can be introduced or spread in Canada (i.e. reportable and immediately notifiable diseases). Schedule III, the Susceptible Species List, includes finfish, crustacean and mollusc species. This list of aquatic animal species that are susceptible to the reportable and immediately notifiable diseases will be reviewed regularly to determine whether the science behind the listing has changed.

The issuance of permits is flexible: permits can be issued on an annual, shipment or multi-shipment basis, and may contain conditions specific to the risk posed by the specific movement. The conditions contained on the import permit are intended to limit the risk of the introduction of disease by the imported aquatic animal. When an aquatic animal may be imported, but a permit is required, the permit will have conditions which are designed to allow the aquatic animals to be imported into Canada without introducing or spreading the diseases. The risk of disease introduction or spread dictates the conditions of the permit. Risk factors considered include species, life stage, disease agent, method of transmission and disease status of place of origin or specific uses such as bait, feeding to, or manufacturing feed for aquatic animals, research or diagnosis, or any other purpose that produce offal or effluent from those aquatic animals. If the risk is determined to be too great, an import permit will be denied.

Anyone who wishes to import a regulated aquatic animal (finfish, mollusc, crustacean) that is not on the Susceptible Species List (Schedule III) does not require a permit. An importer must, however, provide the information required by the Regulations at the time the animal is presented for import into Canada, including the identity of the exporter and importer, the origin of the aquatic animal and whether it was born in captivity or the wild. This information is held by the CFIA and allows the CFIA to assess the risk posed by the import of the non-susceptible species and to trace its movement in Canada if the species later is determined to pose a risk of introducing a significant disease.

Permit exemptions

The Regulations enable an exemption from permit requirements for import of certain pet fish susceptible aquatic animal species, even though they are listed in Schedule III. The majority of species identified as pet fish are warm-water animals that are typically housed indoors. It is unlikely that they would survive if placed in Canadian waters, thus they pose a negligible risk to Canadian aquatic resources. Conditions placed on the import of those specific aquatic animals imported as pets include that they be maintained in aquaria within the owner’s household and not be exposed to aquatic animals other than those in the owner’s aquaria. Those wishing to import susceptible species under this exemption have to meet the regulatory requirements; otherwise, a permit is required.

The Regulations also allow a permit exemption for personal use of aquatic animals of up to four crustaceans, up to three kilograms of live molluscs and up to ten finfish. This exemption is designed to allow Canadians and others entering Canada to continue to import small amounts of aquatic animals for their personal use as this activity poses negligible risk of disease introduction or spread.

Notifiable Disease lists

The Regulations require notification of all listed diseases and enable controls to prevent the introduction and spread of those diseases. To further enhance disease control, this regulatory amendment adds 15 diseases affecting aquatic animals to the Immediately Notifiable Diseases list (Schedule VII to the Regulations). The immediately notifiable diseases for aquatic animals are diseases not known to exist in Canada. Since these are serious diseases that have international trade consequences, they are controlled under the import permit provisions of the Regulations. Regulated parties, such as laboratories, are required under the Regulations to notify the CFIA when their testing reveals the existence of a disease on the Immediately Notifiable list. Generally, the response to a detection or outbreak would be an emergency response. If, however, after investigation the immediately notifiable disease is found to be established in Canada, then disease control measures can be established.

Schedule VII, Immediately Notifiable Diseases, includes

  • abalone viral mortality (abalone mortality virus)
  • bonamiosis (Bonamia exitiosa)
  • brown ring disease (Vibrio tapetis)
  • crayfish plague (Aphanomyces astaci [EU strain])
  • epizootic ulcerative syndrome (Aphanomyces invadans)
  • gyrodactylosis (Gyrodactylus salaris)
  • infectious hypodermal and haematopoietic necrosis (infectious hypodermal and haematopoietic necrosis virus)
  • infectious myonecrosis (infectious myonecrosis virus)
  • marteiliosis (Marteilia sydneyi)
  • mikrocytosis (Mikrocytos roughleyi)
  • necrotizing hepatopancreatitis
  • Oncorhynchus masou virus disease (Oncorhynchus masouvirus)
  • red sea bream iridoviral disease (red sea bream iridovirus)
  • white tail disease (white tail virus)
  • withering syndrome of abalone (Xenohaliotis californiensis)

The regulatory amendments add six diseases affecting aquatic animals to the Annually Notifiable Diseases list (Schedule VIII to the Regulations). Information on these diseases is collected in order to determine where they have been found in Canada. These diseases do not warrant a national program as they are found throughout Canada; do not have sufficient impact on fish stocks; or, in the case of captive aquatic animals, can be controlled by treatment or by biosecurity measures.

Schedule VIII, Annually Notifiable Diseases, includes

  • bacterial kidney disease (Renibacterium salmoninarum)
  • enteric red mouth disease (Yersinia ruckeri)
  • furunculosis (Aeromonas salmonicida)
  • streptococcosis (Streptococcus iniae)
  • seaside organism (Haplosporidium costale)
  • QPX disease (Quahog parasite unknown)

Ministerial declarations

As an additional domestic disease control method, the regulatory amendments also set out the framework for movement control between areas of differing disease status in Canada. The current amendment does not have any immediate impact on aquatic animal movements within Canada as no disease status is being set.

As potential disease threats come to the attention of the CFIA, under section 27 of the Health of Animals Act the Minister is authorized to declare an area to be a control area. Sections 74 and 75 of the Regulations permit the Minister to establish domestic eradication areas based on where the specific disease appears. Currently sections 74 and 75 give the Minister the power to declare eradication areas for bovine tuberculosis and bovine brucellosis. With the enactment of section 198 of these Regulations, the Minister will be able to declare an eradication area to be an infected area for the purpose of controlling an aquatic animal disease. The CFIA will consult with stakeholders, if possible, and then the Declaration will be published and will name the disease, the susceptible species and describe the geographically limited areas to which controls apply and the risk level each presents to the spread of disease.

Regulatory and non-regulatory options considered

1. Considered: Adopt a non-regulatory solution to the control of aquatic animal diseases. This option is not an acceptable solution because the international standards for trade in animals as set by the OIE require a government authority to be responsible for the control of diseases of animals and for export certification. Without this regulatory amendment, Canada does not meet these obligations. The OIE is recognized by the WTO as the body governing the SPS provisions for trade.

2. Considered: Maintain the current controls under the Fisheries Act and provincial legislation. This option would not result in a nationally uniform regulatory framework or program to implement it and would present enforcement challenges. The previous Regulations would not fully meet any of the requirements as set by the OIE. This option would not provide for the necessary requirements for export market access. Under this option, Canada would be increasingly vulnerable to disease incursion and spread resulting in the loss of valuable aquatic resources.

3. Considered and adopted: Utilize the powers of the Health of Animals Act to implement a regulatory framework similar to that for terrestrial animal health. This is the preferred option, supported by stakeholders, Aboriginal groups and provincial partners as it introduces a regulatory framework to control imports and safeguard Canadian aquatic animal resources, with similar requirements as terrestrial animals. This option will allow the CFIA to satisfy the international standards in the form of requirements of the OIE and trading partners.

Benefits and costs

The following is a qualitative summary by the CFIA to describe the potential benefits and costs resulting from the Regulations. Due to the varied nature of the regulated sector and to the fact that historically it has not been subject to national-level movement controls, data were either unavailable or incomplete; however, best estimates are presented. While some data exist on the parts of the aquatic sector, other areas, such as the recreational and sport fishing industries, are particularly difficult to quantify. Also, the cultural value of the sector to Canada’s First Nations, as well as coastal and maritime communities, is immeasurable.

Benefits

The fisheries and aquaculture sectors in Canada provide a major economic value to the country. Fishery harvest and processing industries represent a multi-billion-dollar investment to coastal and rural economies in Canada, including Aboriginal communities. Direct and indirect employment in the industry amounted to 84 019 people in 2006, with employment related to aquaculture accounting for 3 900 people. In 2005, money spent on recreational fishing activities contributed $7.5 billion to rural economies across Canada.

In 2006, Canada exported marine, freshwater and aquaculture fish and seafood products worth $4.1 billion, representing 85% (in value) of catches and aquaculture production. Imports for the same period were worth $2.1 billion, some of which were processed and re-exported. This entire industry is currently at risk both because a serious disease outbreak in an area that is not geographically contained would have the possibility of decimating commercial species through its proliferation, and because Canada cannot currently certify that the OIE standards are being respected.

It should be noted that these amendments will not completely eliminate the risk of the introduction of the listed diseases. However, it will constitute reasonable steps to control the preventable risk, and to harmonize Canadian requirements with international standards. As well, these amendments mirror the current provisions for land animals in that they include tools to help prevent the spread of disease as well as measures to prevent introduction.

Without these regulatory amendments, the discovery of an aquatic disease in one part of Canada would have the potential to affect the disease status of the whole country. The Regulations allow for areas to be designated as risk level areas, thereby preserving a protected status in the rest of the country.

Diseases such as whirling disease in trout and viral haemorrhagic septicaemia (VHS) in a wide variety of game fish could significantly impact recreational fisheries. For instance, trout, which are susceptible to whirling disease, represent 20% of the fish caught by anglers, nationally. Whirling disease of trout so drastically reduced wild trout populations in some river systems in the United States that recreational fishing was severely reduced. State governments had to destroy some enhancement hatcheries, build new ones and change management practices before they could successfully rebuild the populations by restocking. Canada remains free of whirling disease but since many Northern U.S. states have the disease, only constant vigilance over imports will prevent its entry into Canada. However, should this disease be introduced in Canada, it would have the potential to devastate the susceptible fish population.

This amendment will provide benefits to those involved in fisheries by reducing the risk of Canada’s aquatic animal stocks, whether wild or cultured, being exposed to new diseases, thereby also reducing the risk of resulting economic losses. Introduction of disease can result in massive die-offs, decreased growth and productivity, and loss of value of the final product due to damage by the disease. For some diseases, the short-term impact can be massive with losses due to death reaching almost 100%. Although, over time, surviving aquatic animals may develop protection against certain diseases, the long-term impact can reduce the strength, quality and size of the fishery and make it a risk to spread the diseases to disease-free populations.

The infectious diseases proposed for control under the Regulations are chosen because of the drastic impact they can have on aquatic animal populations. Once introduced into wild populations, control is very difficult, if not impossible.

Wild populations of both commercial and recreational fisheries can be affected. VHS in the Great Lakes caused massive die-offs in game fish and some of the fish stocks that game fish feed on. The finding of VHS in the Great Lakes eliminated the $1-million dollar live bait fish export industry in Ontario.

Disease has also impacted shellfish populations in eastern Canada reducing the size and sustainability of the fishery. In 2002, the introduction of the MSX, an oyster disease, into the Bras D’Or Lakes area caused losses of over 90% and effectively closed a $1-million dollar industry. The impact was felt by the oyster fishery, including commercial harvesters, First Nations and aquaculturists. Controls were put in place to stop the disease spread and to protect the Malpeque oyster industry worth $10 million. The controls did not, however, restrict the movement of the susceptible species.

The import control measures proposed would help to prevent the introduction and spread of these diseases within Canada imposing measures to reduce the risks associated with importing aquatic animals on the Susceptible Species List.

Finally, the Regulations enable the CFIA to impose longer term, domestic control measures across the country to contain diseases and prevent spread within the country by requiring permits for all movements from higher risk to lower risk areas. The public, recreational and commercial fishermen and aquaculturists benefit from the introduction of this amendment, as it will allow the CFIA to act to limit the movement of domestic diseases outside their known geographic range.

Costs

The regulatory amendments establish an import permit regime with conditions designed to allow the animals to be imported into Canada while addressing the risk of introduction of disease. The risk level and import conditions depend on the origin, species, the disease and the final use of the aquatic animal. Minor administrative costs could be incurred by importers of aquatic animals applying for permits, as well as fishing vessels carrying the required documentation to enter into Canada. The cost of the measures required under the permit conditions will vary according to the measures (e.g. testing, marking animals, quarantine, etc) and the degree to which the importer’s facilities are already equipped to meet the conditions.

Cost data was difficult to gather mainly because the relevant information on import has not been required in the past. A survey from the Canada Border Services Agency (CBSA) was used to generate some annual data (e.g. number of transactions) which in turn was used to generate some annual cost numbers. Even with the assistance of the survey, it is clear that, as the Regulations are implemented, in time, it will be possible to improve the data on costs.

According to the summary of the cost analysis, over a 10-year period, and under a discount rate of 8%, the present cost is between $50 and $55 million, of which approximately 62% is borne by CFIA and the remainder is born by industry. A sensitivity analysis suggests that the share of the costs borne by CFIA remains almost unchanged. At the discount rates of 6% and 10%, the total cost of the regulation range, from a low to a high of $60 to $63 million (6%), and $51 to $54 million (10%).

The mandatory reporting of Immediately Notifiable and Annually Notifiable Diseases will likely result in marginally increased costs for diagnosis that is initially borne by the private and public sectors, primarily provincial laboratory services. These costs are associated with verifying the reported presence of disease and can be passed along to the aquatic animal producer. The frequency with which the listed diseases (mostly exotic) are diagnosed and reported is anticipated to be minimal. Therefore the related costs are also minimal.

Net benefit

It is not possible to provide a definitive quantitative assessment for the reasons explained above. Although the cost data is incomplete, the magnitude of the cost (in the $55 million range, discounted) suggests that, it is relatively small compared to the potential harm to the industry. It is therefore our opinion that the potential for great harm to the industry more than justifies the costs required to minimize the risks. Furthermore, there will be considerable benefits achieved by maintaining aquaculture industry export markets simply by aligning with OIE standards.

In order to provide a sense of the magnitude of what is at risk and, in the absence of data, a hypothetical analysis has been made. The worst-case scenario would imply the destruction of the whole fishing industry and associated recreational activities. While the probability of such an event is low and could not be completely removed, even with the implementation of these Regulations, describing a hypothetical situation can provide some insight into the type of outcome these Regulations are meant to avoid. Depending on the severity of the disease and how quickly it may spread, this outcome could occur relatively quickly or over a number of years. The worst-case scenario would remove an industry providing approximately $123 million in annual pre-tax profits and entail large short-term transitional costs (3% of the $4.1 billion gross revenues [DFO, Canadian Fisheries Statistics 2006, published in 2008]).

Even if the probability of the worst-case scenario were in fact zero, status quo would result in real potential for harm for Canadian exports. For example, it could become more difficult for Canada to access the EU markets. This alone could result in a loss of 14% of Canada’s $4.09 billion worth of exports ($0.5 billion or more). As it would be reasonable to assume that some other markets might follow the lead of the EU and close access to Canadian exports, this loss might be higher.

Accounting statement

Cost-Benefit Statement

Base Year 2011

Final Year 2021

Total NPV*

Annualized Value

A. Quantified Impacts $

Benefits

Not assessed quantitatively

       

Costs

To Importers for

       
 

Import and release into open waters/breeding facilities

171,443.60

79,411.56

1,321,844.11

185,159.09

 

Import of susceptible, live aquatic animals for retail as food

47,040.00

21,788.62

362,682.23

50,803.20

 

Import of susceptible, aquatic animals for processing

2,288,890.00

1,060,198.94

17,647,528.21

2,472,001.20

 

Import for display or show

31,175.00

14,440.06

240,361.79

33,669.00

 

Import of non-susceptible aquatic animals

150,000.00

69,479.02

1,156,512.21

162,000.00

 

Import of personal “pets”

7,500.00

3,473.95

57,825.61

8,100.00

 

Import of carcasses for use as bait/feeding to aquatic animals

3,000.00

1,389.58

23,130.24

3,240.00

 

Import for research and diagnosis

1,500.00

694.79

11,565.12

1,620.00

           
 

Total cost to importers

2,700,548.60

1,250,876.53

20,821,449.53

2,916,592.49

 

To CFIA for:

       
 

Import and release into open waters/breeding facilities

140,114.00

64,899.89

1,080,290.35

151,323.12

 

Import of susceptible, live aquatic animals for retail as food

62,720.00

29,051.50

483,576.31

67,737.60

 

Import of susceptible, aquatic animals for processing

4,191,862.50

1,941,643.41

32,319,601.09

4,527,211.50

 

Import for display or show

8,337.50

3,861.88

64,282.80

9,004.50

 

Import of non-susceptible aquatic animals

26,700.00

12,367.27

205,859.17

28,836.00

 

Import of personal “pets”

400.50

185.51

3,087.89

432.54

 

Import of carcasses for use as bait/feeding to aquatic animals

9,750.00

4,516.14

75,173.29

10,530.00

 

Import for research and diagnosis

2,133.50

988.22

16,449.46

2,304.18

 

Total cost to CFIA

4,442,018.00

2,057,513.81

34,248,320.36

4,797,379.44

Total Costs

 

7,142,566.60

3,308,390.34

55,069,769.88

7,713,971.93

Net Benefits

N/A

N/A

B. Quantified Impacts in Non-$ — e.g. Risk Assessment (Not assessed)

Positive Impacts

By Stakeholder

       

Negative Impacts

By Stakeholder

       

C. Qualitative Impacts

  • Preservation of ecological keystone species and their habitat.
  • Mitigate risk of disease that would impact on recreational fishing, shellfish populations and industry. Possible impacts on rural economies and Aboriginal communities.
  • Preservation of export markets by meeting OIE standards.

* at 8% discount rate (based on the Low Cost Scenario)

Rationale

Regulatory changes instituting import restrictions and control measures for aquatic animals are necessary to reduce the risk of outbreak of a serious disease in aquatic animals, to set Canadian standards to meet international OIE requirements and to preserve Canada’s export markets for fish and fish products.

The most effective way to achieve these objectives is to develop a regulatory framework similar to the one for terrestrial animals to control diseases and meet international trade requirements. The Canadian terrestrial regulatory framework and the program which implements it have been recognized around the world as having achieved one of the world’s highest health statuses in terrestrial animals. The regulatory amendments for the health of aquatic animals builds on Canada’s successes with the terrestrial animal program and includes measures to deal with the specific risks associated with Canada’s waters.

By implementing a national regulatory framework that meets international trade requirements to prevent the introduction and spread of disease, Canada will ensure that industry stakeholders continue to have access to export markets.

Consultation

Consultations prior to pre-publication

The federal and provincial governments and stakeholders such as the Canadian Veterinary Medical Association, the Fisheries Council of Canada and the Canadian Aquaculture Industry Alliance discussed for many years the need for a uniform national program to implement a regulatory framework which controls the spread of disease among aquatic animals.

After the announcement of the NAAHP in 2005, CFIA and DFO formed the Aquatic Animal Health Committee to discuss NAAHP issues including regulatory requirements. The Committee included representatives of provincial governments, veterinarians, aquaculture, fisheries, processors, academia and Aboriginal peoples. The committee decided that a national regulatory framework was required to impose regulatory consistency across the country.

In March 2007, the CFIA consulted with federal departments with an interest in aquatic animals and their diseases and those departments that would be affected by the implementation of the Regulatory Framework by the NAAHP. Information was also provided to affected groups such as the Introduction and Transfers Committees (ITC), which are currently responsible for advising DFO on the issuance of licences for fish being released into fish habitat or transferred to rearing facilities.

In September 2007, the CFIA sent a request to consult to Provincial Deputy Ministers and Assistant Deputy Ministers responsible for programs associated with commercial fisheries, aquaculture, recreational fisheries and wildlife. At the same time, stakeholders, DFO and NAAHP provincial contacts were contacted requesting the opportunity to discuss the proposed regulatory amendments.

Over a two-year period, the CFIA held meetings to discuss the impact of the proposed amendments and the Regulations to be implemented by the NAAHP with federal and provincial government staff, industry and other stakeholders. Additional meetings were held with processing groups in Atlantic Canada. National organizations including the Pet Industry Joint Advisory Council of Canada, the Canadian Wildlife Federation, the Canadian Aquaculture Industry Alliance, the Fisheries Council of Canada and the National Seafood Sector Council. Discussions were held with several Aboriginal groups, including a presentation to the Assembly of First Nations.

In total, more than 225 individuals and organizations participated in the pre-Canada Gazette, Part I, consultation process. The consensus of opinion was that this amendment, along with the concurrent amendment to the Reportable Diseases Regulations, was acceptable and necessary to ensure the continued health and sustainability of aquatic animals in Canada.

The stakeholders and provinces expressed their desire for continued consultation on the development and implementation of the domestic disease control programs, including emergency response. Between January and March 2009, follow-up face-to-face meetings were held with the same stakeholders as well as additional representatives from the wild fisheries sectors.

Specific concerns expressed during the consultation included the delivery of the program, compensation for loss of animals to disease, the impact of the program on individuals and on the number of diseases and whether they were reportable, immediately notifiable or annually notifiable.

CFIA’s initial movement control programs deal with preventing the introduction of disease into Canada through controlling the importation of aquatic animals. Since there was very limited legal control of imports of aquatic animals, this approach was supported by the vast majority of stakeholders and partners. A few stakeholders who import aquatic animals for the aquarium industry and distribute them throughout the country have expressed concern with the potential impact on them.

The Health of Animals Act (Act) provides for compensation to be paid for animals or things that are ordered destroyed or treated by an inspector as part of a disease control program. Compensation cannot be paid for losses due to disease or loss of income. The stakeholders initially had hoped for compensation for losses caused by disease but are now aware that the legislation does not allow for payment of compensation for anything other than animals or things destroyed or treated in accordance with the Act.

Multiple changes were made to the Regulations, prior to the Canada Gazette, Part II publication, as a result of the discussions and feedback during consultation. Several changes were made to the initial lists of reportable diseases and susceptible aquatic animal species list presented during consultation. There was also a change made to the Regulations after consultation to add an exemption to the permit requirement for personal consumption.

The CFIA is not implementing effluent controls immediately, and the decision on when effluent controls would be required will be based on an assessment of the risks that effluent would carry aquatic animal pathogens. The risk associated with the aquatic animals, based on factors such as the health status of the country of origin, and the end use of the aquatic animals are considered. Permit conditions or mitigation measures that include the requirement for use of effluent treatment, will be evidence-based and in accordance with the appropriate level of protection required to mitigate the import of regulated diseases.

Consultations following pre-publication

The proposed Regulations were pre-published in the Canada Gazette, Part I, on December 19, 2009, for 75 days. Approximately 20 comments were received. The comments were all either favourable or requested clarification on the scope of the Regulations and how the amendments would be applied.

Hobbyists

The majority of the comments from Canadians were from aquarium hobbyists about the decision to exempt only certain species of “pet” aquatic animals. The CFIA responded that the intent of the Regulatory Framework implemented by the NAAHP is to prevent the introduction and spread of specific listed diseases. While limited movement of the exempted species as pets posed a negligible risk, aquatic animal species that are traded and moved more frequently and come into contact with a wide variety of aquatic animals do represent a risk; hence their movements must be controlled. However, based on comments from these stakeholders, minor amendments were made to the list of animals considered as pets.

Industry

Industry requested clarification on the import permit and disease reporting requirements while clearly supportive of the need to access the aquatic animal export market.

After pre-publication in the Canada Gazette, Part I, discussions with industry led to the realization that the Regulations did not contain an exemption from the permit requirement for individuals coming into Canada who wish to import small amounts of aquatic animals for personal consumption. Therefore there was an additional section added to allow a permit exemption for personal use of aquatic animals of up to four crustaceans, up to three kilograms of live molluscs and up to ten finfish that are not eviscerated.

Other federal departments

Other federal departments were consulted, including the Department of Fisheries and Oceans and the Canadian Border Service Agency. They were supportive. The Minister of the Department of Fisheries and Oceans (DFO) provided a letter of support.

Provincial trading partners

Provincial partners were supportive of the need for regulations to support export market access. Nova Scotia expressed concern over a lack of information on the economic impact of the Regulations and Quebec provincial ministries indicated that there was potential overlap with existing federal mandates and responsibilities. The CFIA addressed the jurisdictional concerns by providing clarification, explaining the current mandate of the Agency, which does not conflict or overlap other federal mandates and responsibilities and indicated that there would be cooperation in providing clear guidance to importers to assist them to comply with the Regulations as well as with all other federal, provincial and municipal regulations.

International trading partners

Foreign countries were consulted and a number of these countries wanted clarification of the Regulations, including information about the risk assessment evaluation process, possible permit import controls and multi-shipment options. Clarification was provided. Concern was expressed as to time periods to obtain and maintain permits. Satisfactory explanation was provided.

Aboriginal Groups

From 2006 to 2009, the CFIA consulted with national associations representing Aboriginal groups on possible impingement arising from the regulatory amendment. These groups indicated that they were supportive of CFIA’s efforts to improve the regulatory controls due to their concerns with the impact of disease, particularly on wild stocks. Aboriginal groups wished to better understand the requirements with respect to mandatory reporting of listed diseases. The CFIA undertook to plan information sessions in cooperation with the Aboriginal groups. Ongoing consultation on program implementation, when required, includes obtaining detailed knowledge from the Aboriginal groups of impacts of creating “provisionally free, buffer and infected” level/zones. This will be done before implementation of zones with the issuance of permits to regulate the movements of aquatic animals in Aboriginal or Aboriginal-fished areas.

Implementation, enforcement and service standards

Implementation

The requirements for Immediately and Annually Notifiable diseases (Schedules VII and VIII) would come into force the day on which the Regulations are registered. At that point, laboratories would be required to report the presence of these diseases.

The Aquatic Animal Health Division discussed the implementation of the Regulations with a wide variety of federal and provincial authorities, and stakeholders. DFO and CFIA have cooperated closely to transfer the authority for aquatic animal health from DFO to CFIA.

The Department of Fisheries and Oceans is responsible for providing laboratory services for the competent authority (CFIA), technical laboratory expertise, maintenance of national reference laboratories for the diagnosis of regulated diseases, and the delivery of research for NAAHP.

Implementation of export negotiations and health certification by the CFIA does not require regulatory amendment, and most of the transfer of this responsibility from DFO to the CFIA staff has already taken place. Once the import program comes into force, the remainder of the responsibility (salmonids only) for export will come under the NAAHP Regulatory Framework.

Discussions on implementation of the import requirements occurred between CFIA and CBSA. The infrastructure for import regulations will be driven directly by the diseases and requirements set in the OIE standards and the diseases of concern listed in the regulatory amendments. Parallel import regulations already exist under the terrestrial animal health program and regulatory framework for providing information, receiving applications, issuing permits and enforcing compliance at major Canadian ports of entry. CBSA and the CFIA provide information to aid in notifying customs brokers and other importers of the new requirements they face under the Regulations. The CFIA communicated with importers, including the Pet Industry Joint Advisory Council of Canada, which represents the major importers and retailers of tropical or aquarium fish, which have not been regulated previously.

The import controls will come into effect one year after the registration of the Regulations. As this regulatory change will affect industries which have not previously required aquatic animal health controls, this period will ensure countries exporting to Canada and industries within them are aware of the program and have the opportunity to prepare to comply with the requirements before they come into effect.

Implementation of the parts of the Regulations which affect the movement of aquatic animals within Canada will only come into effect after the health status of eradication areas, or parts thereof, have been declared. Except during an emergency response, movement permits are not required until an area’s health status has been declared. Discussions on the development of the actual conditions for the control of diseases within Canada and the implementation of the Regulations will continue as part of the process to declare Area Health Statuses with provincial and territorial authorities, stakeholders, Aboriginal and First Nations peoples and the DFO Provincial Introduction and Transfers Committees (ITCs). These provide advice to the DFO Regional authorities in provinces where section 55 of the Fishery (General) Regulations require licences to control the introduction of aquatic animals into aquatic habitat or their transfer into rearing facilities.

There will be ongoing communication of the requirements (as Area Health Statuses are declared) to Canadians who are involved in the aquatic animal industry. The CFIA is taking steps in conjunction with provincial governments and other stakeholder groups to notify those affected.

Enforcement

Section 65 of the Act provides for punishment on conviction of refusing or neglecting to perform a duty imposed by the Act or the Regulations. Summary conviction of an offence under the Act or a regulation made under the Act carries a fine of up to $50,000. Where violations are discovered, compensation can be withheld from owners of animals or things ordered destroyed or treated, and imports can be ordered out of Canada or destroyed without compensation.

Section 91.2 of the Regulations requires that a laboratory notify the Minister of the diagnosis or suspicion of the appearance of an immediately notifiable disease. Failure to notify is an offence under the Regulations.

Subsection 5(1) of the Act requires a person who owns or has the possession, care or control of an animal to immediately notify the nearest veterinary inspector of the presence of a reportable disease or any fact indicating its presence. Subsection (2) requires a veterinarian or person who analyses animal specimens and who suspects a reportable disease to immediately notify a veterinary inspector appointed under the Act of his or her suspicion. Failure to notify is an offence under the Act. In addition, compensation for animals destroyed may be withheld if the owner or the person having the possession care or custody fails to report the disease immediately.

Determination of failure to report an immediately notifiable disease is concluded by investigation of disease outbreaks or reporting the results of diagnostic samples by laboratories from facilities that have not reported disease. Similarly, testing for disease by other countries may detect disease that has not been reported.

Section 16 of the Act requires anyone importing any animal, product or by-product or thing which might introduce disease into Canada to present the animal to an inspector or to a customs officer. Customs officers won’t release any shipments until they are approved by the CFIA. Shipments which are not presented are destroyed. Those that do not meet the legal requirements may be ordered removed from Canada or, if the importer does not wish to remove them from Canada, they are destroyed.

Enforcement of the import requirements at the Canadian border is conducted by CBSA with the assistance of the CFIA.

The proposed section 198 of the Regulations makes it an offence to move a susceptible fish, mollusc or crustacean from an eradication area with higher risk for a disease to one with a lower risk without a permit where a Ministerial Declaration has been published.

Enforcement of requirements for permits to move aquatic animals is achieved through examination of animals and of records of hatcheries and other facilities that move aquatic animals.

Service standards

The CFIA responds to CBSA requests for dealing with animals imported into Canada on a priority basis. Live animals, carcasses or offal requiring inspection are normally presented for inspection on the day of arrival. Commodities not requiring inspection are dealt with by CFIA import service centre and, provided the requirements are met, can be approved for release the same day.

As with the terrestrial animal health Regulations, applications for import permits will be replied to within five days. Subsequent action depends on whether the request is for a routine import or for an unusual or new import which may require investigation, negotiations with the exporting country or a risk assessment to determine what steps must be taken to achieve negligible risk for introduction of aquatic animal disease. For animals and commodities for which negligible risk cannot be established (for example a new commodity or end use) the process for resolution may take more than a year or the application may be refused as presenting too high a risk. For first time applications, where a risk assessment has never been done, the applicant may be responsible for providing information to support a CFIA risk assessment which meets the OIE standard. The risk assessment is the basis for CFIA’s decision on the issuance of an import permit. These same standards will also apply to imports under the NAAHP Regulatory Framework.

Contact

Ms. Annie Champagne
Director
Aquatic Animal Health Division
Canadian Food Inspection Agency
8 Colonnade Road
Ottawa, Ontario
K1A 0Y9
Telephone: 613-221-3779
Fax: 613-221-3173
Email: Annie.R.Champagne@inspection.gc.ca

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