Vol. 138, No. 12 — June 16, 2004

Registration
SOR/2004-151 4 June, 2004

HEALTH OF ANIMALS ACT

Regulations Amending the Compensation for Destroyed Animals Regulations

The Minister of Agriculture and Agri-Food, pursuant to paragraph 55(b) (see footnote a) of the Health of Animals Act (see footnote b), hereby makes the annexed Regulations Amending the Compensation for Destroyed Animals Regulations.

June 4, 2004

 

REGULATIONS AMENDING THE COMPENSATION
FOR DESTROYED ANIMALS REGULATIONS

AMENDMENT

1. The schedule to the Compensation for Destroyed Animals Regulations (see footnote 1) is amended by adding the following after item 114:

Item	Column 1 Animal	Column 2 Family	Column 3 Maximum Amount ($)
		Order Columbiformes
114.1	Pigeon	Columbidae	80

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The compensation program is administered by the Canadian Food Inspection Agency (CFIA) under the authority of the Health of Animals Act (the Act) as part of the National Animal Health program which prevents or controls animal diseases, including those that would have a significant economic impact, and thereby protects Canadians from diseases that can be transmitted by animals.

Section 55 of the Act allows the Minister of Agriculture and Agri-Food to make regulations setting out maximum compensation amounts for animals ordered destroyed for disease control purposes, under section 48 of the Act. Compensation is paid to encourage owners to report diseases and to actively participate in eradication efforts. Actual compensation awards are based on a determination of market value up to the maximum amounts established by regulation.

The Compensation for Destroyed Animals Regulations lists compensation maximums to allow reasonable compensation to be paid to owners of domestic livestock, poultry and other animals.

This Regulation amends the Compensation for Destroyed Animals Regulations to include pigeons, (family Columbidae) subject to a maximum compensation of $80.00 per bird. This amendment results from the outbreak of Avian Influenza in the Fraser Valley of British Columbia. The maximum compensation amount for pigeons was developed in consultation with officials of Agriculture and Agri-Food Canada.

Alternatives

1. Option 1 — Maintain the Current Maximum Amounts

Not enacting the Regulations is unacceptable as it would unduly penalize pigeon owners whose birds have been depopulated in an effort to control the spread of the disease.

2. Option 2 — Implement the new maximum for Pigeons

This option was chosen as it appears to be most fair and equitable for pigeon owners whose birds were depopulated as part of the Asian Influenza disease control effort.

Benefits and Costs

Benefits

This amendment will continue to encourage owners to report diseases controlled under the Act by reducing the economic impact that results when an owner reports in accordance with the requirements of the Act.

Early reporting of these diseases to veterinary inspectors is essential to allow prompt intervention of CFIA staff, thereby minimizing the spread of the disease and its impact on human and animal health and the economic viability of Canada's livestock.

Costs

Total compensation for destruction of pigeons resulting from the outbreak of Avian Influenza in the Fraser Valley of British Columbia will be determined by a joint assessment panel.

Consultation

Other departments, industry, provincial and territorial representatives have been kept apprised of CFIA actions by way of meetings, conference calls and other communication mechanisms.

Compliance and Enforcement

The authority to prescribe regulations establishing maximum amounts of compensation for animals ordered destroyed is contained in paragraph 55(b) of the Act, S.C. 1990, c. 21.

All compensation paid under the regulation is recommended by a veterinary inspector designated under the Act. The veterinarian is advised by two experts, one identified by the owner and the other by the Agency. A mechanism for appeal of compensation awards exists under the Act.

Contact

Dr. William Anderson
Animal Health and Production Division
Canadian Food Inspection Agency
59 Camelot Drive
Nepean, Ontario
K1A 0Y9
Telephone: (613) 225-2342, ext. 4601
FAX: (613) 228-6631

Footnote a

S.C. 1997, c. 6, s. 71

Footnote b

S.C. 1990, c. 21

Footnote 1

SOR/2000-233

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