Vol. 145, No. 1 — January 5, 2011
SOR/2010-310 December 21, 2010
HEALTH OF ANIMALS ACT
ARCHIVED — Regulations Amending the Reportable Diseases Regulations
The Minister of Agriculture and Agri-Food, pursuant to subsection 2(2) of the Health of Animals Act (see footnote a), hereby makes the annexed Regulations Amending the Reportable Diseases Regulations.
Ottawa, December 21, 2010
Minister of Agriculture and Agri-Food
REGULATIONS AMENDING THE REPORTABLE DISEASES REGULATIONS
1. The schedule to the Reportable Diseases Regulations (see footnote 1) is replaced by the schedule set out in the schedule to these Regulations.
COMING INTO FORCE
2. These Regulations come into force on the day on which they are registered.
African horse sickness
African swine fever
peste porcine africaine
bluetongue (serotypes not listed in item 6.1 of Schedule VII to the Health of Animals Regulations)
fièvre catarrhale du mouton (sérotypes qui ne figurent pas à l’article 14.1 de l’annexe VII du Règlement sur la santé des animaux)
bovine spongiform encephalopathy
encéphalopathie spongiforme bovine
bovine tuberculosis (M. bovis)
tuberculose bovine (M. bovis)
ceratomyxosis (Ceratomyxa shasta)
cératomyxose (Ceratomyxa shasta)
chronic wasting disease of cervids
maladie débilitante chronique (MDC) des cervidés
classical swine fever (hog cholera)
peste porcine classique (hog cholera)
contagious bovine pleuropneumonia
péripneumonie contagieuse bovine
contagious equine metritis
métrite contagieuse équine
epizootic haematopoietic necrosis
nécrose hématopoïétique épizootique
equine infectious anaemia
anémie infestieuse des équidés
equine piroplasmosis (B. equi and B. caballi)
piroplasmose équine (babésiose) (B. equi et B. caballi)
foot and mouth disease (FMD)
fowl typhoid (Salmonella gallinarum)
typhose aviaire (Salmonella gallinarum)
highly pathogenic avian influenza
influenza aviaire hautement pathogène
infectious haematopoietic necrosis
nécrose hématopoïétique infectieuse
infectious pancreatic necrosis
nécrose pancréatique infectieuse
infectious salmon anaemia
anémie infestieuse du saumon
koi herpesvirus disease
herpèsvirose de la carpe koï
lumpy skin disease
dermatose nodulaire contagieuse
maladie de Newcastle
peste des petits ruminants
peste des petits ruminants
pseudorabies (Aujeszky’s disease)
pullorum disease (S. pullorum)
pullorose (S. pullorum)
Rift Valley fever
fièvre de la Vallée du Rift
sheep and goat pox
clavelée ou variole caprine
spring viraemia of carp
virémie printanière de la carpe
swine vesicular disease
maladie vésiculeuse du porc
syndrome de Taura
Venezuelan equine encephalomyelitis
encéphalomyélite équine vénézuelienne
viral haemorrhagic septicaemia
septicémie hémorragique virale
whirling disease (Myxobolus cerebralis)
tournis des truites (Myxobolus cerebralis)
white spot disease
maladie des points blancs
white sturgeon iridoviral disease
iridovirose de l’esturgeon blanc
yellow head disease
maladie de la tête jaune
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
Disease is a significant threat to sustainable farmed and wild aquatic stocks world-wide. The diseases proposed for control under the National Aquatic Animal Health Program (NAAHP) can result in high mortality, produce significant negative impacts on aquatic animal populations and interfere with trade.
A concurrent amendment to the Health of Animals Regulations will provide Canada with a regulatory framework governing the reporting of diseases exotic to Canada and for movement control programs. This amendment will add to the Schedule to the Reportable Diseases Regulations diseases of finfish, molluscs and crustaceans that can have a serious impact on aquatic resources if introduced or spread within Canada.
The Regulations are being made for the purpose of implementing the National Aquatic Animal Health Program (NAAHP). The program is essential to meet international obligations and facilitate trade by addressing trading partner concerns with control of serious aquatic animal diseases. The objectives are to prevent the introduction into, and spread within, Canada of serious diseases of aquatic animals; to facilitate the export of Canadian aquatic animals and seafood by ensuring Canada is able to meet the international standards; and to protect aquatic animal resources in Canada by preventing disease introduction and spread. The program will enhance the economic competitiveness of Canadian fisheries and aquaculture businesses, and safeguard our environment and recreational fisheries.
Description and rationale
These Regulations are modelled after Canada’s internationally recognized terrestrial animal health program and is consistent with the international standards of the OIE. The Health of Animals Act (the Act) and its regulations were established to control and eradicate diseases of animals. The Act and its Regulations are recognized as providing Canada with a solid basis for meeting domestic and import disease control requirements for animals, thus allowing Canada to comply with the export demands of our trading partners. Canada, as a certifying “competent authority” recognized by the OIE, is expected to have in place the regulatory infrastructure to control imports, the requirement to report regulated diseases and the ability to respond to an animal health disease. These Regulations put in place the second of these requirements. The remaining elements are in place by virtue of the Act applying to aquatics as animals and through the concurrent amendment to the Health of Animals Regulations. This amendment adds diseases of aquatic animals to the Schedule to the Reportable Diseases Regulations.
These diseases are difficult to control because they occur within Canada, can easily spread and will impact Canada’s aquatic resources; if introduced or spread, they can result in large die-offs, and are not controlled by treatment. Management practices are difficult and expensive to implement and can easily fail. They would be subject to import restrictions and domestic disease controls. Under the Health of Animals Act, anyone who owns or has the possession, care or control of an animal with a reportable disease is required to report the presence of the disease.
This amendment will add 20 diseases to the Reportable Diseases Regulations, complementing the proposed changes to the Health of Animals Regulations’ Immediately Notifiable list (Schedule VII) and the Annually Notifiable list (Schedule VIII). The list of proposed Reportable Diseases includes diseases listed by the OIE as requiring control due to their potential significant impact on aquatic animals. Some of these occur within Canada; thus this amendment will also allow for demonstration of Canada’s control of diseases known to occur within its territory and for the gathering of information on these diseases in order to prevent their spread. Demonstrating control of OIE listed disease occurrence within Canada is of vital importance to allow continued export of Canada’s $4.1 billion fish and seafood export trade.
Given the potentially devastating losses that would result from an outbreak of a serious disease in aquatic animal populations, and that would affect the Canadians who depend on those fishery and aquaculture sectors, it is important that steps be taken to address this risk. It is also important that the proposal meet the standards set by the OIE to preserve Canada’s export markets for aquatic animals and products derived from them. Regulatory amendments instituting import restrictions and domestic control measures for aquatic animals are necessary to reach these objectives.
The most effective way to implement these requirements is to develop a similar program as that for terrestrial animals to control diseases and meet international trade requirements. The Canadian terrestrial program has been recognized around the world as having achieved one of the world’s highest heath statuses in terrestrial animals. These measures build on Canada’s successes with the terrestrial animal program and would also include measures to deal with the specific risks associated with Canada’s waters.
Canada is an active member at the world and regional levels, working to ensure the OIE standards are developed on a scientific basis and are reasonable in assessing the risk posed by trade. Canada currently works with the United States, the United Kingdom, Australia, New Zealand and Mexico, along with many other countries, to coordinate disease control programs for terrestrial animals, and is now embarking upon similar efforts with respect to aquatic animals.
The need for a uniform national program to control disease in aquatic animals was discussed for many years by the provinces, the federal government and stakeholders such as the Canadian Veterinary Medical Association, the Fisheries Council of Canada and the Canadian Aquaculture Industry Alliance.
After the announcement of the NAAHP in 2005, CFIA and DFO formed an Aquatic Animal Health Committee to discuss NAAHP issues including possible regulatory requirements. The committee included representatives of provincial governments, veterinarians, aquaculture, fisheries, processors, academia and aboriginal peoples. Due to the lack of regulatory consistency across Canada, it was determined that a national regulatory framework was required.
Consultation began in March 2007 with federal departments with an interest in aquatic animals and their diseases and those that would be affected by the implementation of 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, a request to consult was sent 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. In addition, workbooks were distributed to allow an opportunity for more specific comments.
Meetings were held to discuss the impact of the proposed amendments and the proposed plan for the NAAHP with federal and provincial government staff, industry and other stakeholders. Additional meetings were held with fishery harvesters and 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 attended meetings held in Ottawa. Discussions were held with several Aboriginal groups, including a presentation to the Assembly of First Nations National Fisheries Committee.
In total, more than 225 individuals and organizations participated in the consultation process. The consensus of opinion was that this proposed 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, the control of effluent from processing plants and the number of diseases and whether they were Reportable, Immediately Notifiable or Annually Notifiable.
Multiple changes have been made as a result of the discussions and feedback during consultation. Several changes were made to the initial lists of Reportable Diseases and susceptible animals presented during consultation.
Implementation, enforcement and service standards
The requirements for Reportable Diseases come into force on the day on which the Regulations are registered. At that point, anyone who owns or who has possession, care or control of an affected animal must report the presence of these diseases.
There has been communication of the requirements to Canadians who are involved in the aquatic animal industry. The CFIA has taken steps in conjunction with provincial governments and other stakeholder groups to notify those affected.
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 removed from Canada or destroyed without compensation.
Section 5 of the Health of Animals Act requires reporting of the appearance of a Reportable Disease. Failure to report is an offence under the Act.
Determination of failure to report a Reportable Disease would be by investigation of disease outbreaks or the reporting of 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.
Ms. Annie Champagne
Aquatic Animal Health Division
Canadian Food Inspection Agency
8 Colonnade Road
S.C. 1990, c. 21