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AR 185/2019 BIOSECURITY REGULATION

(no amdt)

alberta regulation 185/2019

Animal Health Act

BIOSECURITY REGULATION

Table of Contents

                1       Interpretation

                2       Prohibitions

                3       Notice

                4       Offences and penalties

                5       Compensation for biosecurity breach

                6       Civil remedies and liability unaffected

Interpretation

1(1)  In this Regulation,

                                 (a)    “biosecurity area” means the premises and the immediate area around the premises where one or more livestock or other animals are being, have recently been or will imminently be kept segregated from other animals or from human beings;

                                 (b)    “livestock” means the following animals in captivity:

                                           (i)    alpacas;

                                          (ii)    asses;

                                         (iii)    beef cattle;

                                         (iv)    bees;


                                          (v)    bison;

                                         (vi)    cervids;

                                        (vii)    dairy cattle;

                                       (viii)    donkeys;

                                         (ix)    doves;

                                          (x)    ducks;

                                         (xi)    fish acquired, propagated, reared or kept in accordance with a class A commercial fish culture licence or a class B commercial fish culture licence issued under the Fisheries (Alberta) Act;

                                        (xii)    fur-bearing animals as defined in the Fur Farms Act;

                                       (xiii)    geese;

                                      (xiv)    goats;

                                       (xv)    guinea fowl;

                                      (xvi)    horses;

                                     (xvii)    llamas;

                                    (xviii)    mules;

                                      (xix)    peafowl;

                                       (xx)    pheasants;

                                      (xxi)    pigeons;

                                     (xxii)    poultry;

                                    (xxiii)    quail;

                                    (xxiv)    rabbits raised for the production of meat;

                                     (xxv)    ratites;

                                    (xxvi)    sheep;

                                   (xxvii)    swine;

                                  (xxviii)    wild boars;

                                    (xxix)    yaks;

                                 (c)    “premises” means lands and structures, or either of them, and includes vehicles and trailers.

(2)  For the purpose of this Regulation, a person is deemed to enter a biosecurity area

                                 (a)    when the person places any part of the person’s body within the biosecurity area,

                                 (b)    when the person intentionally places any material or substance within the biosecurity area, or

                                 (c)    when the person gives or feeds any material or substance to an animal being kept in the biosecurity areas.

Prohibitions

2(1)  No person shall enter a biosecurity area in which any livestock are being, have recently been or will imminently be kept without the express authorization of

                                 (a)    if livestock are being kept in the biosecurity area, the person having custody or care and control of the livestock, and

                                 (b)    if livestock have recently been or will imminently be kept in the biosecurity area, the person having custody or care and control of the biosecurity area.

(2)  Where entry is prohibited by notice to that effect, no person shall enter a biosecurity area in which one or more animals other than livestock are being, have recently been or will imminently be kept without the express authorization of

                                 (a)    if one or more animals are being kept in the biosecurity area, the person having custody or care and control of the animals, and

                                 (b)    if animals have recently been or will imminently be kept in the biosecurity area, the person having custody or care and control of the biosecurity area.

(3)  No person shall fail to leave a biosecurity area in which any livestock or other animals are being, have recently been or will imminently be kept immediately after being directed to do so by

                                 (a)    if any livestock or other animals are being kept in the biosecurity area, the person having custody or care and control of the livestock or other animals, and

                                 (b)    if any livestock or other animals have recently been or will imminently be kept in the biosecurity area, the person having custody or care and control of the biosecurity area.

(4)  No person shall aid, counsel, or direct another person to enter a biosecurity area in contravention of subsection (1) or (2) or to fail to leave a biosecurity area in contravention of subsection (3).

(5)  For the purpose of this section, a person who obtains by false pretences express authorization to enter a biosecurity area from the owner of the biosecurity area, or from the owner of any livestock or other animal being kept in the biosecurity area, is deemed to have entered the biosecurity area without express authorization.

(6)  Subsections (1), (2), (3) and (4) do not apply in respect of the entry to a biosecurity area by a person authorized by or under an enactment of Alberta or of Canada to enter premises or inspect animals.

(7)  For greater certainty, this section applies in respect of the entry to or failure to leave a biosecurity area irrespective of whether, at the time of entry or failure to leave, any livestock or other animals are being kept in the biosecurity area.

Notice

3(1)  For the purposes of section 2(2), notice may be given

                                 (a)    orally,

                                 (b)    in writing, or

                                 (c)    by posters or signboards visibly displayed at all places where normal access is obtained to the biosecurity area.

(2)  Substantial compliance with subsection (1)(a), (b) or (c) is sufficient notice.

(3)  No person shall tear down, remove, damage, deface or cover up a poster or signboard referred to in subsection (1)(c).

Offences and penalties

4(1)  A person who contravenes section 2(1), (2), (3) or (4) is guilty of an offence and liable

                                 (a)    in the case of an individual,

                                           (i)    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

                                          (ii)    for a 2nd or subsequent offence,

                                                  (A)    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

                                                  (B)    to imprisonment for a term not exceeding one year, or to both fines and imprisonment,

                                     and

                                 (b)    in the case of a corporation, to a fine of not more than $200 000 and, in the case of a continuing offence, to a further fine of not more than $15 000 for each day or part of a day during which the offence continues after the first day.

(2)  A person who contravenes section 3(3) is guilty of an offence and liable to a fine of not more than $2000.

(3)  In a prosecution for an offence under this Regulation, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for or convicted of the offence, unless the accused establishes that the offence was committed without the accused’s knowledge and that the accused exercised all due diligence to prevent its commission.

(4)  Where a corporation commits an offence under this Regulation, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of that offence and liable to the penalty provided for the offence, whether or not the corporation has been prosecuted for or convicted of that offence.

(5)  A prosecution for an offence under this Regulation may be commenced within 2 years of the discovery of the commission of the alleged offence but not afterwards.

Compensation for biosecurity breach

5(1)  A justice who convicts a defendant of an offence under section 2(1), (2), (3) or (4) may, on the application of a person aggrieved, at the time sentence is imposed, order the defendant to pay to the applicant an amount of not more than $100 000 as compensation

                                 (a)    for loss of or damage to property suffered by the applicant relating to the act for which the defendant was convicted, and

                                 (b)    for any reasonable costs incurred by the applicant in carrying out remedial or preventative action to protect the health of any animal affected by the act for which the defendant was convicted or to restore the integrity of the biosecurity area affected by the act for which the defendant was convicted,

where the amount is readily ascertainable.

(2)  If an amount that is ordered to be paid under subsection (1) is not paid within the time ordered by the justice, the applicant may, by filing the order, enter as a judgment in the Court of Queen’s Bench the amount ordered to be paid, and that judgment is enforceable against the defendant in the same manner as if it were a judgment rendered against the defendant in the Court of Queen’s Bench in civil proceedings.

Civil remedies and liability unaffected

6   Nothing in this Regulation affects any civil remedy for an act by reason only that the act is an offence under section 2(1), (2), (3) or (4) or gives rise to a civil remedy under section 5, and nothing in this Regulation shall be construed so as to repeal, reduce or remove any remedy available to any person under common law or under any other enactment of Alberta or of Canada.