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AR 130/2014 ANIMAL HEALTH (GENERAL) REGULATION

(no amdt)

ALBERTA REGULATION 130/2014

Animal Health Act

ANIMAL HEALTH (GENERAL) REGULATION

Table of Contents

                1      Definition

                2      Designation of authorized persons

                3      Identification of inspectors

                4      Appeal form

                5      Offence

                6      Penalties

                7      Expiry

                8      Coming into force

Schedule

Definition

1   In this Regulation, “Act” means the Animal Health Act.

Designation of authorized persons

2   The following persons are designated as authorized persons for the purposes of section 1(e) of the Act:

                               (a)    an animal pedigree association incorporated under the Animal Pedigree Act (Canada);

                              (b)    a caretaker under the Animal Protection Act;

                               (c)    a person to whom authority has been delegated under section 7 of the Animal Health Act;


                              (d)    an establishment under the Meat Inspection Act (Canada);

                               (e)    the Government of Canada or an agency of the Government of Canada and the government of a province or territory of Canada or an agency of the government of a province or territory;

                               (f)    a hatchery permit holder under the Health of Animals Act (Canada);

                               (g)    a humane society under the Animal Protection Act;

                              (h)    a licensee under the Livestock Market Regulation;

                               (i)    a licensee under the Meat Inspection Act;

                               (j)    a pharmacist under the Pharmacy and Drug Act;

                              (k)    an owner or operator of a premises where animals, animal products or animal by‑products are held or used, including an owner or operator of

                                        (i)    an animal research facility,

                                      (ii)    a location used for breeding-related activity, including artificial insemination or the supply of ova, semen or embryos,

                                     (iii)    a clinic, laboratory, hospital or other location where  veterinary or other diagnostic services are provided,

                                     (iv)    a boarding stable, or

                                       (v)    a fair or exhibition;

                               (l)    an outlet licensee under the Authorized Medicine Sales Regulation;

                             (m)    a peace officer as defined in the Animal Protection Act;

                              (n)    a permit holder under the Veterinary Profession Act;

                              (o)    a person that transports animals;

                              (p)    a qualification certificate holder under the Authorized Medicine Sales Regulation;

                              (q)    the owner or operator of a rendering plant under the Health of Animals Act (Canada);

                               (r)    a society under the Agricultural Societies Act;

                               (s)    a wholesale licensee under the Authorized Medicine Sales Regulation;

                               (t)    a wildlife officer as defined in the Wildlife Act;

                              (u)    a person who possesses wildlife or controlled animals under a permit under the Wildlife Act.

Identification of inspectors

3   The identification that must be carried by inspectors for the purposes of the Act is either

                               (a)    an identification card issued by the chief provincial veterinarian and bearing the photograph of the inspector, or

                              (b)    a letter of appointment issued by the chief provincial veterinarian supplemented by an identification card bearing the photograph of the inspector issued by the Government of Alberta or the Government of Canada.

Appeal form

4   The form to be used for an appeal of a decision with respect to a quarantine order, a surveillance zone order or a control zone order is the form set out in the Schedule to this Regulation.

Offence

5   A person who contravenes or fails to comply with any provision of the Reportable and Notifiable Diseases Regulation is guilty of an offence.

Penalties

6(1)  A person who is guilty of an offence under section 5 is liable

                               (a)    for a first offence, to a fine of not more than $15 000 and, in the case of a continuing offence, to a further fine of not more than $1000 for each day or part of a day during which the offence continues after the first day, and

                              (b)    for a 2nd or subsequent offence,

                                        (i)    to a fine of not more than $30 000 and, in the case of a continuing offence, to a further fine of not more than $2000 for each day or part of a day during which the offence continues after the first day, or

                                      (ii)    to imprisonment for a term not exceeding one year,

or to both fines and imprisonment.

(2)  A prosecution under subsection (1) may be commenced within 2 years of the commission of the alleged offence but not afterwards.

Expiry

7   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2023.

Coming into force

8   This Regulation comes into force on the coming into force of section 19 of the Animal Health Amendment Act, 2009.

Schedule

Notice of Appeal

Animal Health Act
(Section 46(1)(a))

TO:       Minister of Agriculture and Rural Development

              408 Legislature Building

              10800 ‑ 97 Avenue

              Edmonton, Alberta

              T5K 2B6

TAKE NOTICE THAT I,    (name of appellant)    of    (address of appellant)   , wish to appeal:

                                       a determination of the expenses incurred in carrying out the terms and conditions of

                        □ (i)  a quarantine order under section 17 of the Act,

                        □ (ii)  a surveillance zone order under section 24 of the Act, or

                        □ (iii)  a control zone order under section 32 of the Act.

A copy of that decision is attached and forms part of this notice of appeal.

The grounds for the appeal are as follows:

              (attach additional sheet if necessary)

DATED at              , Alberta, this       day of    (month)   ,    (year)  .

                                                                                  (Signature)