p-42 - Animal Health Protection Act

Updated to 8 December 2004

This document has official status.

chapter P-42

Animal Health Protection Act

1. The Minister of Agriculture, Fisheries and Food shall have charge of the carrying out of this Act. The duties of the Minister include ensuring that an appropriate level of animal health protection is maintained.

R. S. 1964, c. 126, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 2000, c. 26, s. 53.

DIVISION I ANIMAL HEALTH

1991, c. 61, s. 1.

2. In this Division, unless the context requires a different meaning:

(0.1)  “infectious agent” means an organism, micro-organism or protein particle capable of causing an infection or a disease in animals or in humans and designated by regulation;

(1)  “animal” means any domestic animal or animal kept in captivity and its fertilized eggs and ova and applies, wherever the context permits, to any part of such an animal;

(2)  “contagious disease” means a disease which may be transmitted by an animal to another animal or to a human by direct contact or otherwise and is designated by regulation;

(3)  “parasitic disease” means a disease caused by a parasite and designated by regulation;

(4)  “syndrome” means a syndrome designated by regulation.

For the purposes of subparagraph 1, fish, amphibians, echinoderms, crustaceans or shellfish produced or raised in a fishing pond or aquaculture site referred to respectively in sections 1 and 5 of the Act respecting commercial aquaculture (chapter A‐20.2) are deemed to be kept in captivity.

R. S. 1964, c. 126, s. 2; 1986, c. 53, s. 1; 1991, c. 61, s. 2; 2000, c. 40, s. 1; 2003, c. 23, s. 75.

2.0.1. A veterinary surgeon designated by the Minister or any other person authorized for that purpose by the Minister may enter, at any reasonable time, any premises, other than a dwelling-house, or any vehicle where there is an animal or animal carcass in order to take, free of charge, any samples of the animal’s products or tissues, in particular blood or semen, any samples of its secretion, its excreta or its dejecta or any samples of the animal’s immediate environment required to determine the state of health of the animal.

An injection administered to an animal to determine if the animal is affected with a disease, an infectious agent or a syndrome is considered to be a taking of a tissue sample.

Before taking a sample, the designated veterinary surgeon or the authorized person must produce identification and the certificate signed by the Minister attesting to the veterinary surgeon’s or the person’s authority and inform the owner or the person in charge of the premises or the vehicle or any person in such premises or vehicle of the compulsory character of the sample taking and state how the information collected and the results of the analyses will be used.

At the request of the designated veterinary surgeon or of the authorized person, the owner or custodian of the animal must provide any relevant information, in particular information on the age, origin and health history of the animal, that is required for the selection of the animals from which samples will be taken and for the determination of their representativeness and condition of health.

For the purposes of this section, the provisions of the first paragraph of section 55.11 and of section 55.12 apply, with the necessary modifications.

2000, c. 26, s. 54.

2.1. The owner or custodian of an animal belonging to a species or to a category determined by regulation must, in compliance with the conditions prescribed by regulation, subject the animal or samples of its tissues, products, secretions, excreta or dejecta, or samples of its environment, to a screening test for a contagious or parasitic disease, an infectious agent or a syndrome designated under subparagraph a of paragraph 1 of section 3.

1995, c. 29, s. 1; 2000, c. 40, s. 2.

3. The Minister may make regulations to

(1)  designate the contagious or parasitic diseases and the infectious agents or the syndromes for the purposes of each of the following provisions:

(a)  the provisions of section 2.1 relating to screening tests;

(b)  the provisions of section 3.1 relating to mandatory reports;

(c)  the provisions of sections 3.2 to 3.4 relating to treatments or sanitary measures;

(d)  the provisions of section 8 relating to the transfer or transportation of animals;

(e)  the provisions of section 9 relating to the health certification of imported animals;

(f)  the provisions of the third paragraph of section 10.1 relating to the health certification of animals likely to be in direct contact with the public.

The diseases, infectious agents or syndromes so designated may vary according to the species or category of animal;

(1.0.1)  designate sanitary zones that the Minister considers free from a contagious or parasitic disease, an infectious agent or a syndrome, and determine the species or categories of animals likely to contract or transmit the disease, infectious agent or syndrome that may not be brought into the sanitary zones without a certificate from a veterinary surgeon stating that the animal is free from the disease, syndrome or infectious agent;

(1.1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  regulate the sanitary condition of stables and other stock-raising places, of vehicles in which animals are transported, of places where animals are assembled for sale or exchange or for a competition or exhibition, and regulate the manner of disposing of manure, infirm or incurable animals and the carcasses of animals;

(3.1)  determine, for the purposes of section 2.1, the species or categories of animals that must be subjected to a screening test or the samples of animals in those species or categories that must be subjected to such a test, prescribe the frequency of and standards applicable to such a test, in particular the place where a sample to be analyzed must be sent ; the species or categories determined may vary according to territory or sector;

(3.2)  prescribe the content of the reports required under section 3.1 and the rules relating to the sending and keeping of the reports and the use of the documents relating to the reports;

(3.3)  determine the species or categories of animals to which the prohibition in the first paragraph of section 8 or in the provisions of the first paragraph of section 10 applies;

(3.4)  fix the period for which the certificate provided for in section 9 is valid;

(3.5)  determine, for the purposes of section 10.1, the species or categories of animals for which the holding of a certificate is mandatory, fix the period of validity of the certificate and establish the conditions of its issue;

(3.6)  fix the fees payable for the analysis of the samples required under section 2.1, for the issue of the certificates referred to in sections 8 and 10.1 or for the review of an application for authorization referred to in section 10, and for inspections, determine the persons who are to pay the fees and the cases and manner in which the fees are to be paid;

(3.7)  establish standards for the particulars to be given by the operators of pet shops, pounds or animal houses to the purchaser of any animal of a species or category determined, with respect to the sanitary measures required to reduce the health risk for the animal or the persons who are in contact with the animal;

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  (paragraph repealed);

(9)  (paragraph repealed);

(10)  (paragraph repealed);

(11)  (paragraph repealed).

R. S. 1964, c. 126, s. 3; 1986, c. 53, s. 2; 1991, c. 61, s. 3; 1995, c. 29, s. 2; 2000, c. 40, s. 3.

3.1. The owner or custodian of an animal shall report to a veterinary surgeon any fact indicating the existence of a contagious or parasitic disease, an infectious agent or a syndrome in the animal.

The veterinary surgeon shall, without delay, report to a veterinary surgeon designated by the Minister for the purpose of the carrying out of this division all cases in which the veterinary surgeon suspects the existence of a contagious or parasitic disease or the existence of an infectious agent or a syndrome.

The head of a laboratory where samples of animal tissues, products, secretions, excreta or dejecta or samples of an animal’s environment have been analysed shall report immediately to the Minister or to any other person designated by the Minister any analysis results indicating the existence of a contagious or parasitic disease, an infectious agent or a syndrome designated under subparagraph b of paragraph 1 of section 3.

1986, c. 53, s. 3; 1991, c. 61, s. 4; 2000, c. 40, s. 5.

3.2. Where a designated veterinary surgeon observes or suspects the existence of a contagious or parasitic disease, an infectious agent or a syndrome, he may prescribe, by order, any treatment or sanitary measure he considers appropriate, including the segregation, marking and immunization of the animal.

The order shall be delivered personally to the owner or custodian of the animal and shall specify, in particular, the obligations of the owner or custodian and the manner in which these obligations must be fulfilled.

1991, c. 61, s. 4; 2000, c. 40, s. 6.

3.3. Upon failure by the owner or custodian of an animal to comply with the order of a designated veterinary surgeon, the latter may personally carry out the order at the expense of the owner or custodian. The costs shall bear interest at the rate determined under section 28 of the Act respecting the Ministère du Revenu (chapter M-31).

1991, c. 61, s. 4.

3.4. A designated veterinary surgeon who has reasonable cause to believe that there is a high risk of propagation of a contagious or parasitic disease, an infectious agent or a syndrome may require the owner or custodian to destroy or dispose of the contagious or infected animal and, where applicable, dispose of its carcass, according to the veterinary surgeon’s instructions. The veterinary surgeon shall give notice to that effect by means of a written statement delivered personally to the owner or custodian.

The slaughter and disposal of the animal shall be carried out under the supervision of a designated veterinary surgeon, an inspector authorized by the Minister under this Act or a veterinary surgeon conducting a sanitary inspection in a slaughterhouse.

Upon failure by the owner or custodian of an animal to comply with a destruction and disposal order under the first paragraph, the animal shall be confiscated by the designated veterinary surgeon so as to be destroyed and its carcass disposed of at the expense of the owner or custodian. The costs shall bear interest at the rate determined under section 28 of the Act respecting the Ministère du Revenu (chapter M‐31).

1991, c. 61, s. 4; 2000, c. 40, s. 7.

3.5. The owner or custodian of an animal to whom an order referred to in section 3.2 or 3.4 is notified without prior notice because, in the opinion of the veterinary, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the veterinary.

1997, c. 43, s. 497.

4. (Repealed).

R. S. 1964, c. 126, s. 4; 1991, c. 61, s. 5.

5. (Repealed).

R. S. 1964, c. 126, s. 5; 1986, c. 53, s. 4.

6. The Minister may develop a financial aid program for the benefit of any owner who has complied with an order issued under the provisions of this division.

However, the carrying out of any measure prescribed by a designated veterinary surgeon or by the Minister shall not give rise to any claim for any damage that may result therefrom, except in cases of bad faith.

R. S. 1964, c. 126, s. 6; 1991, c. 61, s. 6; 1999, c. 40, s. 236; 2000, c. 40, s. 8.

7. (Repealed).

R. S. 1964, c. 126, s. 7; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1986, c. 53, s. 5.

8. It is forbidden for the owner or custodian of an animal of a species or category prescribed by regulation and affected with a contagious or parasitic disease, an infectious agent or a syndrome to keep the animal for sale purposes, offer it for sale or deposit, or sell, exchange, donate, transport the animal or cause it to be transported.

Such prohibition ceases when a designated veterinary surgeon is of the opinion that the risk of propagation of the disease has reached an acceptably low level. In such a case, he shall deliver a written certificate to the owner or custodian of the animal.

In the case of a zone designated as free from disease, infectious agent or syndrome pursuant to paragraph 1.0.1 of section 3, the certificate provided for in the second paragraph may be issued only upon proof of the absence of any risk of propagation of the disease, infectious agent or syndrome.

R. S. 1964, c. 126, s. 8; 1991, c. 61, s. 7; 2000, c. 40, s. 9.

9. It is forbidden to bring or allow to bring animals or their products into Québec unless they are accompanied by a certificate from the veterinary-in-chief or other competent officer of the province, or of the country of origin, of such animals or products attesting that the animals are free from a contagious or parasitic disease, an infectious agent or a syndrome.

The Minister may, for scientific purposes, authorize a person to derogate from the provisions of the first paragraph. The holder of the authorization must comply with the conditions determined by the Minister.

R. S. 1964, c. 126, s. 9; 2000, c. 40, s. 10.

10. Livestock auctions where animals of a species or category determined by regulation are present shall take place only on sites approved by the Minister. No approval shall be given unless, after an examination of the site location, the environmental features and the animal species involved, the Minister is satisfied that there is an acceptably low level of risk of propagation of disease to neighbouring animal production operations.

The application for authorization must be accompanied by documents giving the location of the site and describing the project implementation. In addition, the Minister may require any information, study or research the Minister considers necessary to decide on the acceptability of the site.

The following auction sites are not subject to authorization:

(1)  auction sites referred to in section 54;

(2)  auction sites operating on 10 May 2000 in compliance with the provisions of section 10 as it read on 14 November 2000.

R. S. 1964, c. 126, s. 10; 1991, c. 61, s. 8; 2000, c. 40, s. 11.

10.1. No owner or custodian of an animal of a species or category prescribed by regulation shall bring an animal or cause it to be brought into a place where the animal is likely to be in direct contact with the public.

No person shall receive or keep such an animal in a place referred to in the first paragraph.

The prohibitions do not apply if the owner, custodian or possessor holds a certificate issued by a designated veterinary surgeon stating that the animal is free from any contagious or parasitic disease, infectious agent or syndrome.

2000, c. 40, s. 11.

11. (Repealed).

R. S. 1964, c. 126, s. 11; 1986, c. 53, s. 6.

11.1. The Minister may, where the Minister has reasonable cause to believe that there is a chemical, physical or biological agent present which may constitute a health risk for animals or for persons who are in contact with them or consume them or their products, order the owner or custodian of the animals, or if necessary, all the owners or custodians situated in the sector determined by the Minister, to segregate the animals, subject to the conditions fixed by the Minister, until the results of the analyses of the samples taken are known.

If the analyses confirm the Minister’s fears or the Minister is of the opinion, on the basis of an epidemiological study, that such an agent is present, the Minister may, in an emergency or in the public interest, order the owner or custodian of the animals, or as the case may be, all the owners or custodians situated in the sector determined by the Minister regardless of whether or not an order has been issued in their respect under the first paragraph, to segregate, treat, mark, immunize the animals, destroy them or dispose of them and dispose of their carcasses within the time and subject to the conditions specified by the Minister.

The Minister may also order measures to be taken to reduce the health risk for the animals or for persons who come in contact with them or consume them or their products. He may also prohibit keeping the animals for sale purposes, offering them for sale or deposit, or selling, exchanging, donating or transporting them or their products.

The order referred to in any provision of this section shall contain a statement of the Minister’s reasons and refer to any minutes, analysis, study or other technical report that he has taken into consideration.

A certified copy of the order shall be served upon each owner or custodian of animals. The order takes effect on the date of its service.

The owner or custodian of an animal to whom an order is notified without prior notice because, in the opinion of the Minister, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the Minister.

1991, c. 61, s. 9; 1997, c. 43, s. 498; 2000, c. 40, s. 12.

11.2. Upon failure by an owner or custodian of animals to comply with an order of the Minister, a designated veterinary surgeon may personally carry out the order or cause it to be carried out at the expense of the owner or custodian.

Where the order contains a slaugther and disposal order with which the owner or custodian does not comply, the designated veterinary surgeon may confiscate the animals so that they may be slaughtered and their carcasses disposed of at the expense of the owner or custodian.

The costs payable by the owner or custodian of the animals shall bear interest at the rate determined under section 28 of the Act respecting the Ministère du Revenu (chapter M-31).

1991, c. 61, s. 9.

11.3. The Minister may, subject to the applicable legislative provisions, enter into agreements with the Minister of Health and Social Services, La Financière agricole du Québec, the Minister of Agriculture and Agri-Food of Canada, the Minister of Fisheries and Oceans of Canada or the Canadian Food Inspection Agency, to obtain from them or communicate to them information necessary for the purposes of the provisions of Division I

(1)  to identify the owners or custodians of animals referred to in the provisions of this division, and the places where the animals are kept, including by means of the pairing or cross-matching of files;

(2)  to know the prevalence of diseases, infectious agents or syndromes likely to affect animals or the persons who are in contact with them or consume them or their products, including by means of the pairing or cross-matching of files.

The agreements shall specify, in particular, the nature of the information to be transmitted, the means to be used to ensure that the information transmitted remains confidential as well as the security measures.

The agreements must be submitted to the Commission d’accès à l’information for an opinion as provided in section 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2000, c. 40, s. 13; 2000, c. 53, s. 66.

11.4. The Minister or the person designated by the Minister may, in the public interest, disclose information in the Minister’s possession that is necessary for the protection of the health or safety of the persons who are in contact with the animals or consume them or their products.

The first paragraph applies notwithstanding subparagraphs 5 and 9 of the first paragraph of section 28 and section 53 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2000, c. 40, s. 13.

11.5. Where the Minister is of the opinion that animals may constitute a risk for the health or safety of the persons who consume them or their products, in particular because of the chemical, physical or biological agent the animals could be carrying, the Minister may prescribe, by regulation, special standards for their destruction, disposal or elimination, according to species or category.

Any person in possession of an animal to which the regulation applies must comply with the regulation.

The provisions of Divisions III and IV of the Regulations Act (chapter R‐18.1) relating to the publication and coming into force of proposed regulations and regulations do not apply to a regulation made by the Minister pursuant to this section. The regulation shall be published in the Gazette officielle du Québec. However, it comes into force on the date it is made by the Minister and shall be disseminated by any other means the Minister considers necessary.

2000, c. 40, s. 13.

§ 1 . — Special provisions respecting bees

11.6. For the purposes of subparagraph 3 of the first paragraph of section 2, the presence in a bee of an undesirable genotype related to African subspecies or hybrids of those subspecies is considered to be a parasitic disease of the bee.

2000, c. 40, s. 13.

11.7. An order made pursuant to the provisions of Division I may, as it specifies, apply to hives, frames and other apiary equipment.

2000, c. 40, s. 13.

11.8. The prohibitions in sections 8 to 10.1 apply to previously used hives, frames and other apiary equipment.

2000, c. 40, s. 13.

11.9. No owner or custodian of a hive shall leave in the open any frames, honeycombs or apiary accessories infected by bees affected with a contagious or parasitic disease, an infectious agent or a syndrome.

2000, c. 40, s. 13.

11.10. No person shall keep bees in hives without movable frames.

2000, c. 40, s. 13.

11.11. If bees are kept in hives without movable frames, any designated veterinary surgeon may order their owner or custodian to move the bees into hives with movable frames. Upon failure by the owner or custodian to comply with the order, the designated veterinary surgeon may destroy the hives and the bees in the hives.

The owner or custodian of a hive to whom an order is notified without prior notice because, in the opinion of the designated veterinary surgeon, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the designated veterinary surgeon.

2000, c. 40, s. 13.

11.12. No person shall spray, by sprinkler or otherwise, or dust, using chemical or biological products that are toxic to bees, a fruit tree or a plant of a species or category designated by regulation while the fruit tree or plant is in bloom.

That prohibition does not apply in the cases and on the conditions prescribed by regulation or where the spraying or dusting takes place as part of measures taken pursuant to the provisions of Division IV.1 of the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation and the disposal of human bodies (chapter L-0.2), Chapter XI of the Public Health Act (chapter S-2.2) or the provisions of the Civil Protection Act (chapter S‐2.3) dealing with states of emergency.

2000, c. 40, s. 13; 2001, c. 37, s. 2; 2001, c. 76, s. 148; 2001, c. 60, s. 160; 2002, c. 69, s. 149.

11.13. No person shall place a hive containing a bee colony within 15 metres of a public road or dwelling.

That prohibition does not apply if the land upon which the hive is placed has, on the side nearest to the dwelling or public road, as the case may be, a solid fence at least 2.5 metres in height that extends beyond the limits of the hive for a distance of not less than 4.5 metres.

2000, c. 40, s. 13.

11.14. The Minister may, by regulation,

(1)  determine, for the purposes of section 11.12, the species or categories of plants likely to be foraged by bees and that may not be sprayed or dusted with toxic substances, and prescribe in what cases and on what conditions the prohibition in section 11.12 does not apply;

(2)  require the owner of hives to affix on each hive an inscription identifying the owner, and determine the form and tenor of the inscription;

(3)  make applicable to insect pollinators other than bees those provisions of Division I the Minister indicates.

2000, c. 40, s. 13.

DIVISION II

Repealed, 1995, c. 29, s. 3.

1995, c. 29, s. 3.

12. (Repealed).

R. S. 1964, c. 126, s. 12; 1973, c. 22, s. 22; 1977, c. 5, s. 14; 1979, c. 77, s. 21; 1986, c. 97, s. 1; 1993, c. 18, s. 2; 1995, c. 29, s. 3.

13. (Repealed).

R. S. 1964, c. 126, s. 13; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1986, c. 53, s. 7; 1986, c. 97, s. 1; 1995, c. 29, s. 3.

14. (Repealed).

R. S. 1964, c. 126, s. 14; 1986, c. 97, s. 1; 1993, c. 18, s. 3; 1995, c. 29, s. 3.

15. (Repealed).

R. S. 1964, c. 126, s. 15; 1986, c. 97, s. 1; 1995, c. 29, s. 3.

16. (Repealed).

R. S. 1964, c. 126, s. 16; 1986, c. 97, s. 1; 1995, c. 29, s. 3.

17. (Repealed).

R. S. 1964, c. 126, s. 17; 1986, c. 97, s. 1; 1995, c. 29, s. 3.

18. (Repealed).

R. S. 1964, c. 126, s. 18; 1986, c. 97, s. 1; 1995, c. 29, s. 3.

18.1. (Repealed).

1993, c. 18, s. 4; 1995, c. 29, s. 3.

19. (Repealed).

R. S. 1964, c. 126, s. 19; 1986, c. 97, s. 1; 1995, c. 29, s. 3.

20. (Repealed).

R. S. 1964, c. 126, s. 20; 1986, c. 97, s. 1; 1995, c. 29, s. 3.

21. (Repealed).

R. S. 1964, c. 126, s. 21; 1986, c. 53, s. 8; 1986, c. 97, s. 1; 1995, c. 29, s. 3.

22. (Repealed).

R. S. 1964, c. 126, s. 22; 1986, c. 53, s. 9.

DIVISION II.1 IDENTIFICATION OF ANIMALS

22.1. The Government may, by regulation, to ensure animal traceability, establish an identification system for any species or category of animal it determines, require animals to be identified subject to the conditions and according to the rules or procedure it fixes, prescribe the obligations of owners or custodians of animals or of any other person it determines and determine the applicable fees payable.

The regulatory provisions concerning fees payable for a given identification system as determined pursuant to the first paragraph shall cease to apply on the date as of which fees are payable for the system under the third paragraph of section 22.3.

2000, c. 40, s. 14; 2003, c. 24, s. 1.

22.2. The inspectors responsible for the enforcement of the provisions of this division shall be designated by the Minister.

2000, c. 40, s. 14.

22.3. The Minister may, by way of a memorandum of agreement, entrust to a body the management of an identification system established under section 22.1.

The memorandum of agreement may provide for an inspection program and, in particular, for the terms and conditions of the program, and for the remuneration and other expenses of the inspectors which shall be borne by the body that is a party to the memorandum of agreement.

The body may determine the fees payable by the persons referred to in the first paragraph of section 22.1 to defray the cost of managing the identification system, including the cost of identification equipment. The fees so determined come into force on the date set by the Minister. A notice of the fees and the date of coming into force shall be published in a farm journal at least 15 days before that date. The sums collected by the body shall devolve to the body.

Where the memorandum of agreement expires, the Minister shall publish a notice to that effect in a farm journal or in the Gazette officielle du Québec within 30 days of the expiry of the memorandum of agreement. The Minister shall collect the fees payable as determined by the body, which fees shall continue to apply until the date as of which new fees apply. The sums collected shall be paid into the Consolidated Revenue Fund.

2000, c. 40, s. 14; 2003, c. 24, s. 2.

22.3.1. A regulation made by the Government to determine new fees applicable after the expiry of the memorandum of agreement entered into under section 22.3 is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force. The regulation comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated in the regulation.

2003, c. 24, s. 3.

22.4. The Minister may, subject to the applicable legislative provisions, enter into an agreement with the Minister of Agriculture and Agri-Food of Canada, the Minister of Fisheries and Oceans of Canada or the Canadian Food Inspection Agency or a body that administers an identification system for animals established under the Health of Animals Act (Statutes of Canada, 1990, chapter 21), or with La Financière agricole du Québec to obtain from them or communicate to them nominative information necessary for the purposes of an animal identification system established under section 22.1, in particular, to identify the operation from which the animal originates, the animal’s movements and its successive owners or possessors, including by means of the pairing or cross-matching of files.

The Minister or any body referred to in section 22.3 may, for the purpose of identifying persons to whom an agreement under this section applies, communicate their names, addresses and agricultural operation registration numbers. The Minister or the body receiving such information must, unless legally entitled to retain it, destroy the information once the purpose for which it was communicated has been fulfilled.

The agreements shall specify, in particular, the nature of the information to be transmitted, the means to be used to ensure that the information transmitted remains confidential as well as the security measures.

The agreements must be submitted to the Commission d’accès à l’information for an opinion as provided in section 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2000, c. 40, s. 14; 2000, c. 53, s. 66.

Not in force

22.5. Every person authorized to act as an inspector under this division who has reasonable grounds to believe that an animal that is required to be identified pursuant to a regulation under section 22.1 has not been identified, may, whether or not the animal has been seized, order the owner or custodian of the animal who is unable to furnish proof of the animal’s identification within the time the authorized person fixes, to take the animal within the time the authorized person indicates to the nearest slaughterhouse to be slaughtered under the authorized person’s supervision, at the expense of the owner.

An animal slaughtered pursuant to such an order is deemed unfit for human consumption.

Upon failure by the owner or custodian of the animal to comply with the order, the authorized person may confiscate the animal so that it may be brought to the slaughterhouse indicated by the authorized person and slaughtered at the expense of the owner or custodian.

The costs payable by an owner or custodian of animals shall bear interest at the rate determined under section 28 of the Tax Administration Act (chapter A-6.002).

2000, c. 40, s. 14; 2010, c. 31, s. 175.

22.6. The Minister may, on the conditions the Minister determines and with the approval of the Government, enter into an agreement with a person or a body with respect to the voluntary implementation of animal identification measures if the Minister considers that the special measures encourage the competitiveness of the breeding sector and ensure animal traceability that is equivalent to the traceability afforded by the identification system established under section 22.1.

Every person to whom the agreement applies is exempted, to the extent and on the conditions provided for in the agreement, from the application of the provisions of a regulation made under section 22.1. Animals identified pursuant to the agreement are then deemed to be identified in accordance with the provisions of the regulation.

2000, c. 40, s. 14.

DIVISION III ARTIFICIAL INSEMINATION OF ANIMALS

23. In this division the following expressions mean:

(a)  “animal” : any animal of the equine, bovine, ovine or porcine species, male or female as the case may be;

(b)  “artificial insemination of an animal” : the action of inseminating an animal by means of semen taken from another animal;

(c)  “permit” : a permit issued under section 24;

(d)  “regulation” : a regulation made under section 28.

1968, c. 42, s. 1; 1986, c. 53, s. 10.

24. No person shall take semen from an animal, keep animal semen in his possession, deliver it to any person or artificially inseminate an animal, unless he holds a permit issued for such purposes by the Minister of Agriculture, Fisheries and Food.

1968, c. 42, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1986, c. 53, s. 11; 1995, c. 29, s. 4.

25. The permit contemplated in section 24 shall not be required of a veterinary surgeon who artificially inseminates an animal entrusted to his care, for the purpose of testing the efficacy of any treatment to which he has subjected such animal.

1968, c. 42, s. 1; 1986, c. 53, s. 12.

26. No person may, for the purposes of the artificial insemination of an animal, collect, keep in his possession, prepare, use, purchase, exchange or give, offer for sale, store, sell in any place, transport, or cause to be transported animal semen that is not fit for insemination or does not meet the standards of sanitation and quality or the collection, conditioning and labelling requirements prescribed by regulation.

1968, c. 42, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1986, c. 53, s. 13.

27. No person may, for the production, conditioning or preservation of animal semen or for its introduction into the genital canal of a female animal, use premises or equipment that do not meet the standards prescribed by regulation.

No person may use, for the production of semen, a donor animal that does not meet the standards prescribed by regulation.

1968, c. 42, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1986, c. 53, s. 13.

28. The Government may make regulations to

(1)  determine the conditions under which a person may exercise some or all of the activities listed in section 24, and restrict such activities to the classes of persons it determines;

(2)  prescribe classes of permits and the rights, conditions and restrictions relating to each class;

(3)  prescribe conditions for the issue and renewal of permits, the form of permits and the fees therefor;

(4)  determine the qualifications required of a person applying for a permit and of an employee assigned to activities for which a permit is required;

(5)  prescribe standards applicable to the organization, management, direction and operation of any establishment operated for the purposes contemplated in section 24;

(6)  prescribe standards respecting the breed, source and other characteristics of the animals which may be artificially inseminated and of those from which semen may be collected and the crossbreeding which may be effected by the artificial insemination of an animal;

(7)  prescribe methods to be followed by permit holders for the artificial insemination of animals and for the collection, preservation, distribution and transportation of semen to be used for the artificial insemination of animals;

(8)  prescribe standards of sanitation and quality regarding semen to be used for the artificial insemination of animals and the conditions under which it may be collected, conditioned and labelled;

(9)  determine the nature, number and frequency of tests to which donor animals may be subjected so as to establish their state of health, genetic value and fecundity;

(10)  exempt such activities listed in section 24 or such classes of persons or categories of animals as it determines from some or all of the provisions of this division or of the regulations under it;

(11)  (subparagraph repealed);

(12)  prescribe methods, conditions and modalities respecting the taking and analysis of specimens of animal semen or any other substance and to determine where specimens must be analyzed;

(13)  prescribe the books, accounts and registers to be kept by a permit holder and the place where he must keep them, the reports he must make to the Minister, the information such reports must contain and the time when they must be filed;

(14)  determine the place where a person may store animal semen;

(15)  determine, among the provisions of a regulation passed under this section, the provisions the contravention of which is punishable under section 55.44.

1968, c. 42, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1986, c. 53, s. 13; 1991, c. 61, s. 10; 1995, c. 29, s. 5.

29. (Replaced).

1968, c. 42, s. 1; 1986, c. 53, s. 13.

DIVISION IV AUCTION OF LIVESTOCK

30. In this division and the regulations, unless the context requires a different meaning, the following words and expressions mean:

(a)  “animal” : livestock of the equine, bovine, caprine, ovine or porcine species and live domestic rabbits as well as any animal of another species prescribed by regulation;

(b)  “auction” : the sale of an animal by public auction and any other equivalent method of sale determined by regulation;

(c)  “establishment” : an establishment for the auction of animals, except a stockyard governed by the Livestock and Livestock Products Act (Revised Statutes of Canada, 1985, chapter L-9);

(d)  “agricultural society” : an agricultural society governed by the Agricultural Societies Act (chapter S‐25) or a legal person that, in accordance with section 2 of the Act to repeal certain Acts permitting the constitution of legal persons in the agricultural sector and to amend certain legislative provisions (Statutes of Québec, 1997, chapter 70), obtained letters patent provided for in that section and that pursues principally the objects of an agricultural society;

(e)  “cooperative agricultural association” : an agricultural cooperative governed by the Cooperatives Act (chapter C‐67.2);

(f)  (paragraph repealed);

(g)  “permit” : a permit issued under this division;

(h)  “regulation” : any regulation made under this division by the Government;

(i)  “Minister” : the Minister of Agriculture, Fisheries and Food.

1973, c. 26, s. 1; 1979, c. 77, s. 21; 1982, c. 26, s. 314; 1997, c. 70, s. 9; 2000, c. 40, s. 19.

31. No person may operate an establishment unless he holds a permit issued for such purpose by the Minister.

1973, c. 26, s. 1.

32. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 14.

33. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 14.

34. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 14.

35. Every permit must be posted in the establishment at a place where it may be easily examined by the public.

1973, c. 26, s. 1.

36. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 14.

37. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 14.

38. It is forbidden to offer for sale or to sell an animal in an establishment otherwise than by auction.

1973, c. 26, s. 1.

39. It is forbidden to deliver to or accept or keep at an establishment, for the purposes of sale, or to offer for sale or sell there, anything but an animal being auctioned or intended for auction.

1973, c. 26, s. 1.

40. It is forbidden to bring an animal or cause it to be brought to or accept or keep it for auction or auction it at any place except an establishment operated by a permit holder.

1973, c. 26, s. 1.

41. Every person holding a permit must keep the books, registers and accounts prescribed by regulation.

1973, c. 26, s. 1.

42. The operator of an establishment receiving funds on behalf of others following an auction must deposit such funds in a special trust account and comply with the conditions prescribed by regulation for the deposit and withdrawal of such funds.

1973, c. 26, s. 1.

43. The operator of an establishment must insure the animals which he keeps in his establishment against the risks determined by regulation to the extent determined by regulation.

1973, c. 26, s. 1.

44. The operator of an establishment must reimburse the Government for inspection costs incurred outside the hours determined by regulation.

1973, c. 26, s. 1; 1977, c. 5, s. 14.

45. The Government may make regulations to:

(a)  determine the qualifications required of a person applying for a permit or its renewal, the conditions he must fulfil, the information he must give and the fees he must pay;

(b)  determine the conditions for operation of an establishment;

(c)  regulate the organization, keeping and operation of any establishment;

(c.1)  determine animal species to which this division applies in addition to those specified in paragraph a of section 30;

(d)  determine the categories of animals which may not enter an establishment;

(e)  prohibit the sale of any infirm or incurable animal or animal affected with a contagious or parasitic disease, an infectious agent or a syndrome designated by regulation and determine the manner and conditions of disposing thereof;

(f)  define any method of sale contemplated in paragraph b of section 30 equivalent to an auction and determine the cases where it may be used and the formalities to be observed;

(g)  determine the reports which a permit holder must furnish and their form and content;

(h)  determine the formalities respecting the keeping of a trust account under section 42 and establish the conditions for deposit and withdrawal of funds deposited in such account;

(i)  determine what books, registers and accounts a permit holder must keep and the time for which he must keep these and other relevant documents;

(j)  compel the operator of an establishment to furnish proof of solvency or security for payment of amounts due to the owner of an animal, determine the form of such proof or security, and the amount, term and conditions of such security;

(k)  establish the nature of the risks which must be insured under section 43 and the amount of such insurance;

(l)  fix the hours outside which inspection costs must be reimbursed to the Government by the operator of an establishment and determine the terms and conditions of such reimbursement;

(m)  (subparagraph repealed);

(n)  in addition to the cases contemplated in section 54, withdraw certain auctions from the application of this division;

(o)  determine, among the provisions of a regulation passed under this section, the provisions the contravention of which is punishable under section 55.44.

The Government shall publish a draft regulation in the Gazette officielle du Québec with a notice to the effect that at the expiry of a period of at least 45 days after the publication, the regulation may be made with or without amendments. The regulation comes into force 45 days after its publication in the Gazette officielle du Québec or on any later date fixed therein.

1973, c. 26, s. 1; 1977, c. 5, s. 14; 1986, c. 53, s. 15; 1991, c. 61, s. 11; 2000, c. 40, s. 20.

46. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 16.

47. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 16.

48. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 16.

49. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 16.

50. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 16.

51. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 16.

52. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 16.

53. (Repealed).

1973, c. 26, s. 1; 1986, c. 53, s. 16.

54. This division does not apply:

(a)  to a judicial sale;

(b)  to a sale made by an agricultural society, at an agricultural exhibition, of an animal exhibited there;

(c)  to a sale made directly by a cooperative agricultural association of an animal owned by it;

(d)  to a sale made by a farmer, on his farm, of an animal born on his farm or fattened there for at least 30 days and owned by him.

1973, c. 26, s. 1; 1997, c. 70, s. 10.

55. (Repealed).

1973, c. 26, s. 1; 2000, c. 40, s. 21.

DIVISION IV.0.1 ANIMAL FEED

55.0.1. No person shall give food that is unfit for animal consumption or that is so deteriorated as to be unfit for animal consumption or that does not meet applicable regulatory standards to domestic animals or animals kept in captivity if the animals or their products are intended for human consumption, or prepare, keep, transport or supply such food for remuneration.

2000, c. 40, s. 22.

55.0.2. The Government may make regulations to

(1)  prohibit or restrict the addition of the substances it determines to food preparations for the animals to which section 55.0.1 applies;

(2)  prohibit or restrict the direct or indirect administration of the substances it indicates to the animals to which section 55.0.1 applies;

(3)  prescribe the methods, conditions and procedure for the taking and analysis of samples for the purpose of detecting the presence of a substance the use of which is forbidden or restricted under a regulation made pursuant to paragraphs 1 and 2, determine the place where samples must be sent for analysis and fix the fees payable by the persons it indicates for the taking and analysis of samples and for inspection;

(4)  establish standards respecting the composition, preparation, conditioning, handling, keeping, packaging or labelling of products for animal consumption;

(5)  determine, among the provisions of a regulation under this section, the provisions the contravention of which is punishable under section 55.43.

2000, c. 40, s. 22.

DIVISION IV.1 VETERINARY MEDICATIONS

1986, c. 53, s. 17.

55.1. In this division, unless the context requires a different meaning,

“premix” means a combination which may include minerals, vitamins, amino acids, trace elements or other substances and which, mixed with various foodstuffs, is used in the preparation of food for animals;

“medicinal premix” means a mixture of substances containing a nutriment and a medication and intended for use in the preparation of a medicinal food;

“medicinal food” means a mixture of substances intended for use without processing for the feeding of animals and containing a medicinal premix or a nutriment and a medication, as the case may be.

1986, c. 53, s. 17; 1991, c. 61, s. 12.

55.2. Every person who

(1)  keeps for sale purposes, offers for sale, sells or supplies a medicinal premix or a medicinal food,

(2)  prepares medicinal food for his own animals or animals in his custody,

(3)  prepares medicinal food or a medicinal premix for his own animals or animals in his custody, or

(4)  keeps for sale purposes, offers for sale, sells, supplies or prepares a medicinal premix or a medicinal food,

must hold, in respect of each of the premises operated by him, a permit issued for such purpose by the Minister.

The holder of a permit issued for one of the activities referred to in subparagraph 1 or 4 may sell, offer for sale or supply a medicinal premix only to another holder of a permit issued under this section.

This section does not apply to a person authorized to prepare, sell or supply medication under the Pharmacy Act (chapter P-10) or the Veterinary Surgeons Act (chapter M-8).

1986, c. 53, s. 17; 1991, c. 61, s. 13; 1993, c. 18, s. 5.

55.3. Any person may prepare a medicinal food for his own animals or animals in his custody without holding a permit if he prepares no more than one kilogram or one litre of the medicinal food or if the medicinal food is prepared for animals which are not and whose products are not intended for human consumption, unless the animals are bred for their fur.

1986, c. 53, s. 17; 1991, c. 61, s. 14.

55.3.1. The holder of a permit issued for an activity referred to in subparagraph 1 or 4 of the first paragraph of section 55.2 may sell or supply by retail a medicinal premix or medicinal food containing a medication appearing on the list prepared pursuant to section 9 of the Veterinary Surgeons Act (chapter M‐8) only upon the purchaser handing over a prescription from a veterinary surgeon.

2000, c. 40, s. 23.

55.3.2. No person shall be in possession of a medication mentioned in section 9 of the Veterinary Surgeons Act (chapter M‐8) that was obtained without a prescription from a veterinary surgeon, or be in possession of a medication whose administration is prohibited under a regulation made under subparagraph 7 of the first paragraph of section 55.9 of this Act or which is subject to a prohibition under the Food and Drug Regulations (Consolidated Regulations of Canada, chapter 870) made under the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), with a view to administering the medication to an animal.

In the absence of any evidence to the contrary, the possession of a medication referred to in the first paragraph in a place where animals are kept is proof that the medication is possessed with a view to administering it to an animal.

2000, c. 40, s. 23.

55.4. No person may administer or allow to be administered to his own animals or to animals in his custody a medication appearing on the list referred to in section 9 of the Veterinary Surgeons Act (chapter M‐8) which he obtained without a prescription, give them or allow them to be given a medicinal food containing such a medication except on the prescription of a veterinary surgeon.

1986, c. 53, s. 17; 2000, c. 40, s. 24.

55.5. The holder of a permit issued for the carrying on of an activity referred to in the first paragraph of section 55.2 shall keep, in accordance with the regulations, a register of the medications, medicinal premixes and medicinal foods that he acquires, uses or disposes of in carrying on his activities.

1986, c. 53, s. 17; 1991, c. 61, s. 15.

55.5.1. Food intended for the feeding of animals and premixes that are prepared, offered for sale, kept for sale purposes, sold or supplied by the holder of a permit issued for the carrying on of an activity referred to in the first paragraph of section 55.2 must be free of medicinal residues.

1991, c. 61, s. 16.

55.6. The owner or the person having custody of an animal which has been administered a medication or has consumed a medicinal food who sells the animal or causes it to be sold before the expiry of the waiting period indicated in the prescription of the veterinary surgeon or, in other cases, on the packaging of, or in a document provided with the medication or medicinal food, shall notify the buyer thereof in writing.

1986, c. 53, s. 17.

55.7. No person may deliver or send to a slaughterhouse, for the purposes of human consumption, an animal whose tissues are not totally free of any trace of metabolite of a medication or of medicinal residue other than those allowed by the Food and Drug Regulations or whose quantity or concentration in the tissues of the animal exceeds that permitted by those regulations.

1986, c. 53, s. 17; 1991, c. 61, s. 17; 2000, c. 40, s. 25.

55.7.1. Where the examination of the tissues of an animal that has been slaughtered for the purposes of human consumption reveals the presence of medications or medicinal residues that are forbidden or that exceed the quantity or concentration permitted, the Minister may, for a period not exceeding 60 days, order the immediate owner or the custodian of the animal, and the former owners or custodians of the animal to suspend or restrict, to the extent determined by the Minister, the delivery to any slaughterhouse for human consumption of any animal of the same species from the same operation as the animal carrying the medication or the medicinal residues.

The order shall contain a statement of the Minister’s reasons and refer to any written statement, analysis or other technical report considered by the Minister for the purposes of the order.

2000, c. 40, s. 25.

55.7.2. The owner or custodian of an animal to whom an order under section 55.7.1 is notified without prior notice because, in the opinion of the Minister, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the Minister.

2000, c. 40, s. 25.

55.8. Notwithstanding section 17 of the Pharmacy Act (chapter P-10) and sections 9, 21 and 24 of the Veterinary Surgeons Act (chapter M-8), the Minister may, in an emergency, in the public interest or to facilitate the administering of a medication, develop health programs authorizing the sale and administering of medications intended for certain categories of animals or to be used in the places where they are kept.

Except in an emergency, the Minister shall set up a committee to advise him in developing a program. The committee shall be composed of not less than four members, including a representative of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation, a representative of the Ordre des pharmaciens du Québec, a representative of the Ordre professionnel des médecins vétérinaires du Québec and a representative of farm producers.

Every program shall indicate the veterinary diagnosis or the reasons for the development of the program; the diagnosis must be confirmed by the veterinary surgeon in attendance upon application of the program. Every program shall also specify the nature of the medications, the category of animals concerned, the persons authorized to sell or administer the medications and whether or not the prescription of a veterinary surgeon is required.

Every program shall be submitted to the Government for approval and possible amendment.

1986, c. 53, s. 17; 1991, c. 61, s. 18; 1994, c. 40, s. 457.

55.8.1. Where the Minister is of the opinion that animals may constitute a risk for the health or safety of the persons who consume them, in particular because of the medicinal residues or metabolites the animals could be carrying, the Minister may prescribe, by regulation, special standards for their destruction, disposal or elimination, according to species or category.

Any person in possession of an animal to which the regulation applies must comply with the regulation.

The provisions of Divisions III and IV of the Regulations Act (chapter R‐18.1) relating to the publication and coming into force of proposed regulations and regulations do not apply to a regulation made by the Minister pursuant to this section. The regulation shall be published in the Gazette officielle du Québec. However, it comes into force on the date it is made by the Minister and shall be disseminated by any other means the Minister considers necessary.

2000, c. 40, s. 26.

55.9. The Government may make regulations to

(1)  prescribe conditions for the issue and renewal of permits, the form of permits and the fees therefor;

(2)  exempt a class of persons from holding a permit for the preparation of a medicinal food for his own animals;

(2.1)  determine classes of permits among the permits that the Minister may issue under the first paragraph of section 55.2 and the rights, conditions and restrictions relating to each class;

(3)  prescribe the books, accounts, registers and other documents to be maintained and kept by a permit holder and the place where he must keep them, the reports he must make to the Minister, the information the reports must contain and the time when they must be filed;

(4)  prescribe standards applicable to the organization, management and operation of any establishment operated under a permit;

(4.1)  prescribe standards respecting the composition, quality and medication or substance content of medicinal premixes or medicinal food. With regard to medication content, the standards may vary according to the type of medication used and the medication content prescribed in the veterinary prescription or, in the absence of a prescription, in another document designated in the regulation; with regard to substance content, the standards may vary according to the weight of the medicinal premix or medicinal food;

(4.2)  prescribe standards applicable to the labelling of medicinal premixes or medicinal food and prescribe the mandatory inscriptions with respect to their ingredients or the waiting period applicable to the medications they contain;

(5)  determine the qualifications required of a person applying for a permit and of an employee assigned to activities for which a permit is required;

(6)  prescribe procedures for the storage and preservation of medications, medicinal premixes and medicinal foods in the possession of a permit holder;

(7)  prohibit or restrict the administering of certain medications to categories of animals;

(8)  prescribe standards respecting advertising by a permit holder;

(9)  (subparagraph repealed);

(10)  prescribe methods, conditions and modalities respecting the taking and analysis of samples of a medication, medicinal premix or medicinal food or of any substance taken from an animal and determine where the sample or specimen must be sent for analysis, fix fees for the taking of samples or their analysis and for inspection, and determine the persons who are to pay the fees and the cases and manner in which the fees are to be paid;

(11)  determine, among the provisions of a regulation passed under this section, those provisions the contravention of which is punishable under section 55.43.

The Government shall publish a draft regulation in the Gazette officielle du Québec with a notice to the effect that at the expiry of a period of at least 45 days after the publication, the regulation may be made with or without amendments. The regulation comes into force 15 days after its publication in the Gazette officielle du Québec or on any later date fixed therein.

1986, c. 53, s. 17; 1991, c. 61, s. 19; 2000, c. 40, s. 27.

DIVISION IV.1.1 SAFETY AND WELFARE OF ANIMALS

1993, c. 18, s. 6.

55.9.1. The provisions of this division apply to domestic animals and animals kept in captivity, other than those governed by the Act respecting the conservation and development of wildlife (chapter C-61.1) and that belong to a species or category designated by regulation of the Government.

1993, c. 18, s. 6; 2000, c. 40, s. 28.

55.9.2. The owner or custodian of an animal shall ensure that the safety and welfare of the animal are not jeopardized. The safety and welfare of an animal is jeopardized where

(1)  the animal does not have access to drinking water or food in quantities and of a quality in keeping with the biological requirements of its species;

(2)  the animal is not kept in suitable, salubrious living conditions or is not properly transported in an appropriate vehicle;

(3)  the animal is wounded or sick and does not receive the health care required by its state;

(4)  the animal is subject to abuse or ill-treatment that may affect its health;

(5)  subject to paragraphs 1 to 4, the animal is kept or transported in contravention of the regulatory standards established pursuant to section 55.9.14.1.

1993, c. 18, s. 6; 2000, c. 40, s. 29.

55.9.3. Every owner or custodian of animals kept for the purpose of sale or breeding shall, in addition to complying with the provisions of section 55.9.2, ensure that the premises in which the animals are kept are clean.

He shall also ensure that the installations are not organized or used in any way that may affect the safety and welfare of the animals.

1993, c. 18, s. 6.

55.9.4. The inspectors responsible for the enforcement of the provisions of this division shall be designated by the Minister.

The Minister may also enter into an agreement with any person, including a municipality, a metropolitan community or the Kativik Regional Government, to establish a program of inspection in respect of the application of this division. Such an agreement must, in particular, contain terms and conditions for the application and financing of the program and for the remuneration and other expenses of the inspectors which shall be borne by the person having entered into the agreement.

1993, c. 18, s. 6; 2000, c. 40, s. 30.

55.9.5. Sections 55.10 to 55.15, 55.19 and 55.24 apply to this division, with the necessary modifications.

Where an animal is in a dwelling-house, the inspector may enter without the authorization of the occupant only if he obtains a search warrant in accordance with the Code of Penal Procedure (chapter C-25.1).

A judge of the Court of Québec or of a municipal court, on the strength of a sworn statement by the inspector to the effect that he has reasonable grounds to believe that an animal is in the dwelling-house and that the safety and welfare of an animal is in jeopardy, may issue a warrant on the conditions he indicates, authorizing the inspector to enter the dwelling-house and seize the animal in accordance with section 55.14 and to dispose of it in accordance with the provisions of this division.

1993, c. 18, s. 6.

55.9.6. Where in the Minister’s opinion there is an immediate danger to the safety and welfare of the animals, he may, for a period not exceeding 15 days, order the owner or custodian of animals kept for the purpose of sale or breeding to cease his activities, or subject the exercise of those activities to certain conditions.

The order shall be served on the owner or custodian. It shall contain reasons, and shall mention any minutes, any analysis or research reports or any other technical reports considered by the Minister. It shall have effect on the day on which it is served.

If the Minister issues a second order within two years of the first, whether or not it is based on the same facts, the Court of Québec may, at the request of the Minister, issue an order prohibiting the owner or custodian from keeping animals for the purpose of sale or breeding or limiting the number of animals he may keep for that purpose, for a period not exceeding two years.

1993, c. 18, s. 6; 1997, c. 43, s. 499.

55.9.7. An inspector who, during inspection, has reasonable grounds to believe that the safety and welfare of an animal are jeopardized to a point where treatment would cause it needless suffering may, whether or not seizure has taken place, and following a written notice from a veterinary surgeon, confiscate the animal so that it may be slaughtered and its carcass disposed of.

All other animal carcasses shall also be confiscated during the inspection for the purpose of disposal.

1993, c. 18, s. 6.

55.9.8. The seizor shall have custody of the seized animal. He may keep the animal or entrust it to a person other than the person from whom it was seized.

1993, c. 18, s. 6.

55.9.9. (Repealed).

1993, c. 18, s. 6; 2000, c. 40, s. 31.

55.9.10. The seized animal must be returned to the person from whom it was seized if no proceedings have been instituted within 90 days after the date of seizure. In addition, if it is decided before the expiry of that period that no proceedings will be instituted, the animal must be returned as soon as possible to the person from whom it was seized.

A justice of the peace may, however, order the period of seizure extended by not more than 90 days.

However, if the owner or custodian of the animal is unknown or cannot be found, the seized animal shall be confiscated by the seizor, but not before the expiry of seven days after the date of seizure. It shall then be disposed of by the seizor.

1993, c. 18, s. 6; 2000, c. 40, s. 32.

55.9.11. Upon the service of a statement of offence, the seizor shall, except where an agreement has been made with the owner or custodian of the animal, apply to a judge of the Court of Québec or of a municipal court for permission to dispose of the animal.

Prior notice of the application, of at least three clear days, shall be served on the person from whom the animal was seized, and he may contest the application.

The judge shall rule on the application taking into consideration the safety and welfare of the animal and, where applicable, the expenses caused by the continuation of seizure. He may order that the animal be returned to the person from whom it was seized, that it be kept under seizure until a final judgment, or that it be sold or slaughtered. If he orders that it be returned, the return may take place only upon payment of the expenses incurred for the animal’s keep. If he orders that it be sold, the product of the sale is remitted to the person from whom the animal was seized, after deduction of the expenses incurred for its keep. If he orders that the animal be kept under seizure until a final judgment is made, he shall order the person from whom the animal was seized to pay to the seizor, in addition to previous expenses incurred for the animal’s keep, an advance on future expenses for the animal’s keep in accordance with the terms and conditions fixed by him.

The judge may order that the animal be confiscated if the applicant fails to comply with the terms and conditions of payment of the advance, and he shall return the animal to the seizor for disposal.

1993, c. 18, s. 6.

55.9.12. The owner of an animal seized while in the custody of another person may, by application to a judge of the Court of Québec or of a municipal court, request that the animal be returned to him.

Prior notice of the application of at least three clear days shall be served on the seizor.

The judge shall grant the application if he is of the opinion that the safety and welfare of the animal will not be jeopardized, and on payment of the expenses incurred for the animal’s keep. However, if no proceedings are instituted, the expenses incurred for the animal’s keep are reimbursed to the owner.

1993, c. 18, s. 6.

55.9.13. In the event of conviction for an offence under section 55.9.2 or section 55.9.3, a judge of the Court of Québec or of a municipal court may, on an application by the prosecuting party, issue an order prohibiting the person found guilty from keeping animals, or limiting the number of animals he may keep, for a period not exceeding two years.

When issuing the order, the judge shall confiscate any animals held in contravention thereof and shall determine the procedures for disposing of them.

1993, c. 18, s. 6.

55.9.14. Expenses incurred under this division for an animal’s keep, slaughter or disposal shall be paid by the owner or custodian of the animal, except where no proceedings are instituted. They shall bear interest at the rate fixed by regulation under the first paragraph of section 28 of the Act respecting the Ministère du Revenu (chapter M-31).

1993, c. 18, s. 6.

55.9.14.1. The Government may by regulation fix, for the purposes of section 55.9.2, standards for the custody and transportation of animals.

2000, c. 40, s. 33.

55.9.15. Notwithstanding the provisions of this division, the following activities and practices continue to be permitted:

(1)  agricultural, teaching or scientific research activities involving animals, provided they are practised in accordance with generally recognized rules;

(2)  ritual practices involving animals prescribed by the laws of a religion.

1993, c. 18, s. 6.

55.9.16. The provisions of this division and those of any regulation made under section 55.9.14.1 have precedence over incompatible provisions of the Cities and Towns Act (chapter C‐19), the Municipal Code of Québec (chapter C‐27.1) and municipal charters, and over the provisions of their regulatory instruments.

1993, c. 18, s. 6; 2000, c. 40, s. 34.

DIVISION IV.2 INSPECTION, SEIZURE AND CONFISCATION

1986, c. 53, s. 17.

§ 1 . — Inspection

1986, c. 53, s. 17.

55.9.17. The Minister shall appoint the veterinary surgeons, inspectors, analysts or other persons necessary for the carrying into effect of this Act and may provide for the remuneration of such persons among them who are not appointed according to the Public Service Act (chapter F-3.1.1).

2000, c. 40, s. 35; 2000, c. 8, s. 242.

55.10. Every veterinary surgeon designated by the Minister for the purpose of the carrying out of Division I or person authorized by the Minister to act as an inspector or analyst under this Act, who believes, on reasonable grounds, that there is an animal, a product or equipment to which this Act applies in a vehicle or in premises where an animal is kept or sold or in premises where the activities referred to in section 24 or 55.2 are carried on may, in the performance of his duties,

(1)  enter and inspect such premises at any reasonable time;

(2)  inspect any vehicle in which a product, an animal or equipment to which this Act applies is transported or stop any such vehicle to inspect it;

(3)  examine any animal, product or equipment, open any receptacle found in the premises or vehicle and take samples or specimens therefrom free of charge;

(4)  take photographs of the vehicle, premises, animal, product or equipment;

(5)  require the communication, for purposes of examination, reproduction or for making extracts, of any book account, register, record or document if he believes on reasonable grounds that they contain information relating to the application of this Act or the regulations.

1986, c. 53, s. 17; 1986, c. 97, s. 2; 1991, c. 61, s. 20; 2000, c. 40, s. 36.

55.11. The owner or the person in charge of a vehicle or of premises being inspected and any person in such vehicle or premises are required to assist a veterinary surgeon, inspector or analyst in the performance of his duties.

A veterinary surgeon, inspector or analyst shall, upon request, identify himself and show a certificate signed by the Minister and attesting his quality.

1986, c. 53, s. 17; 1991, c. 61, s. 21.

55.12. No person may, in any manner, hinder the action of a veterinary surgeon, inspector or analyst in the performance of his duties, mislead him by false statements or refuse to give him information he is entitled to obtain under this Act.

1986, c. 53, s. 17; 1991, c. 61, s. 22.

55.13. In no case may the Minister, a veterinary surgeon, a person authorized for the purposes of section 2.0.1, an inspector or an analyst be prosecuted for acts done in good faith in the performance of his duties.

1986, c. 53, s. 17; 1991, c. 61, s. 23; 2000, c. 26, s. 55.

§ 2 . — Seizure and confiscation

1986, c. 53, s. 17.

55.14. A veterinary surgeon, an inspector or an analyst may, in the performance of his duties, seize any animal, product or equipment to which this Act applies if he believes, on reasonable grounds, that an offence against this Act or the regulations has been committed in relation to or by means of such animal, product or equipment or where the owner or custodian of an animal has failed to comply with an order.

1986, c. 53, s. 17; 1990, c. 4, s. 718; 1991, c. 61, s. 24.

55.15. The Government may, by regulation, prescribe the terms and conditions of inspection, sample and specimen taking and analysis, seizure and confiscation, at the time of an inspection, and establish a model for any certificate, report or minutes drawn up by a veterinary surgeon, an inspector or an analyst.

1986, c. 53, s. 17; 1991, c. 61, s. 25; 1992, c. 61, s. 486.

55.16. (Repealed).

1986, c. 53, s. 17; 1991, c. 61, s. 26.

55.17. (Repealed).

1986, c. 53, s. 17; 1991, c. 61, s. 26.

55.18. The owner, custodian or possessor of what has been seized shall have custody of it. The veterinary surgeon, analyst or inspector may, if he considers it advisable, transfer it to other premises to be kept there. In addition, the custodian shall have custody of the things seized and submitted in evidence, unless the judge to whom they were submitted in evidence decides otherwise.

Custody of what has been seized is maintained until a decision in its respect is made in accordance with sections 55.20, 55.21, 55.22, 55.24 and 55.25 or, where proceedings are instituted, until a decision is made by the judge.

1986, c. 53, s. 17; 1991, c. 61, s. 27; 1992, c. 61, s. 487.

55.19. No person may use or remove what has been seized or allow it to be used or removed without the authorization of the veterinary surgeon, inspector or analyst.

1986, c. 53, s. 17; 1991, c. 61, s. 28.

55.20. Every seized animal, product or equipment shall be returned to its owner, custodian or possessor on the occurrence of either of the following situations:

(1)  if a period of 90 days has expired from the date of seizure and no proceedings have been instituted; or

(2)  if the veterinary surgeon, inspector or analyst is satisfied, after verification within that time, that no offence against this Act, the regulations or an order has been committed or that the owner, custodian or possessor of what has been seized has since complied with the provisions of this Act, the regulations or an order.

1986, c. 53, s. 17; 1991, c. 61, s. 29.

55.21. The owner, custodian or possessor of what has been seized may apply to a judge to obtain the release of it.

The application shall be served on the seizor or, where proceedings are instituted, on the prosecutor.

The judge shall grant the application if he is of opinion that the applicant will suffer serious or irreparable prejudice if the seizure of the property is maintained, and that the release of the property will not hinder justice.

1986, c. 53, s. 17; 1991, c. 61, s. 30; 1992, c. 61, s. 488.

55.22. Any animal, product or equipment seized the owner, custodian or possessor of which is unknown or untraceable shall be transferred to the Public Curator 90 days from the date of seizure, together with a statement describing the property and indicating, where applicable, the name and last known address of the interested party.

The provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the thing so transferred to the Public Curator.

1986, c. 53, s. 17; 1991, c. 61, s. 31; 1997, c. 80, s. 74.

55.23. On the application of the seizor, a judge may order that the period of retention be extended for not more than 90 days.

1986, c. 53, s. 17; 1992, c. 61, s. 488.

55.24. Upon pronouncing a conviction for an offence under a provision of this Act or the regulations thereunder, a judge may, on an application by either party and where a seizure has been made under section 55.14, order the confiscation of what has been seized.

Prior notice of the application for confiscation shall be given to the person from whom it was seized and to the other party, except where they are in the presence of the judge.

The Minister shall prescribe the manner of disposing of anything seized under this section.

1986, c. 53, s. 17; 1992, c. 61, s. 489.

55.25. Where an inspector believes on reasonable grounds that there is in an establishment contemplated in section 30 an infirm animal or an animal affected with a contagious or parasitic disease, an infectious agent or a syndrome, he may prohibit the sale of the animal and confiscate it to have it destroyed at the expense of the person having possession of it, as the Minister may direct.

The person having possession of an animal to whom an order is notified without prior notice because, in the opinion of the inspector, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the inspector.

1986, c. 53, s. 17; 1997, c. 43, s. 500; 2000, c. 40, s. 37.

DIVISION IV.3 PERMITS

1986, c. 53, s. 17.

55.26. Every application for a permit shall be submitted to the Minister, by the person who intends to use it, in the form and with the documents prescribed by regulation.

If the applicant is a legal person or a partnership, the application shall be submitted by a duly commissioned administrator or partner.

1986, c. 53, s. 17.

55.27. The Minister shall issue the permit if the applicant meets the requirements and pays the fee prescribed by this Act and the regulations.

The Minister may, after notifying the applicant in writing and giving him the opportunity to present observations as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), refuse to deliver a permit for reasons of public interest.

1986, c. 53, s. 17; 1986, c. 97, s. 3; 1997, c. 43, s. 501.

55.28. The Minister may subject the issue of a permit to any condition, restriction or prohibition determined by him and indicated on the permit.

1986, c. 53, s. 17.

55.29. The permit is valid for a period of twelve months, or for a lesser period if the Minister so prescribes.

The permit may be renewed on the conditions prescribed by this Act and the regulations.

1986, c. 53, s. 17; 1986, c. 97, s. 4.

55.30. The rights conferred by a permit are not assignable.

1986, c. 53, s. 17.

55.31. After notifying the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing the holder at least 10 days to present observations, the Minister may suspend, cancel or refuse to renew his permit

(1)  if the holder does not meet or no longer meets the requirements prescribed by this Act and the regulations for the issue or renewal of the permit, as the case may be;

(2)  if he fails to comply with any condition, restriction or prohibition indicated on the permit;

(3)  if he has been convicted of an offence under this Act or the regulations.

1986, c. 53, s. 17; 1986, c. 97, s. 5; 1990, c. 4, s. 719; 1997, c. 43, s. 502.

55.32. Every decision of the Minister shall be substantiated. The person contemplated by the decision shall be informed of it in writing.

1986, c. 53, s. 17.

55.33. The revocation or suspension of a permit has effect from the date of its receipt by the holder.

1986, c. 53, s. 17.

55.34. (Repealed).

1986, c. 53, s. 17; 1986, c. 97, s. 6.

DIVISION IV.4 PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1986, c. 53, s. 17; 1997, c. 43, s. 503.

55.35. The following persons may contest the decision of the Minister before the Administrative Tribunal of Québec within 30 days of notification of the decision:

(1)  a person whose application for a permit is refused on grounds other than that of public interest;

(2)  a person whose permit is suspended, cancelled or not renewed.

1986, c. 53, s. 17; 1988, c. 21, s. 66; 1986, c. 97, s. 7; 1997, c. 43, s. 504.

55.36. (Repealed).

1986, c. 53, s. 17; 1988, c. 21, s. 66; 1986, c. 97, s. 8; 1997, c. 43, s. 505.

55.37. (Repealed).

1986, c. 53, s. 17; 1988, c. 21, s. 66; 1986, c. 97, s. 9; 1997, c. 43, s. 505.

55.38. (Repealed).

1986, c. 53, s. 17; 1997, c. 43, s. 505.

55.39. (Repealed).

1986, c. 53, s. 17; 1986, c. 97, s. 10; 1997, c. 43, s. 505.

55.40. (Repealed).

1986, c. 53, s. 17; 1986, c. 97, s. 11; 1997, c. 43, s. 505.

55.41. (Repealed).

1986, c. 53, s. 17; 1988, c. 21, s. 66; 1997, c. 43, s. 505.

55.42. (Repealed).

1986, c. 53, s. 17; 1988, c. 21, s. 66, s. 123; 1997, c. 43, s. 505.

DIVISION IV.5 PENAL PROVISIONS AND OTHER SANCTIONS

55.43. Every person who contravenes section 2.0.1, 2.1, 3.1, 8, 9, 10, 10.1, 11.9, 11.12, 55.0.1, 55.2, 55.3.1, 55.3.2, 55.4, 55.5, 55.5.1, 55.6, 55.7, 55.11, 55.12, 55.18, 55.19 or any regulation made under section 3, paragraph 5 of section 55.0.2 or subparagraph 11 of the first paragraph of section 55.9 or any provision of an order approving a program contemplated in section 55.8 or any provision of a regulation made under section 11.5, paragraph 2 of section 11.14 or section 55.8.1 or any condition of an authorization issued pursuant to the second paragraph of section 9 is liable to a fine of $250 to $2 450 in the case of a natural person and of $625 to $6 075 in the case of a legal person.

For any subsequent conviction, the offender is liable to a fine of $1 225 to $12 150 in the case of a natural person and of $3 650 to $36 425 in the case of a legal person.

1986, c. 53, s. 17; 1990, c. 4, s. 720; 1991, c. 33, s. 110; 1991, c. 61, s. 32; 1995, c. 29, s. 6; 1999, c. 40, s. 236; 2000, c. 26, s. 56; 2000, c. 40, s. 39; 2001, c. 35, s. 29.

55.43.1. Every owner or custodian of an animal, other than an owner or custodian keeping animals for the purpose of sale or breeding, who contravenes section 55.9.2 is liable to a fine of not less than $200 and not more than $600 and, in the case of any subsequent offence within two years, to a fine of not less than $600 and not more than $1,800.

Every owner or custodian keeping animals for the purpose of sale or breeding who contravenes section 55.9.2 or section 55.9.3 is liable to a fine of not less than $400 and not more than $1,200 and, in the case of any subsequent offence within two years, to a fine of not less than $1,200 and not more than $3,600.

Every owner or custodian keeping animals for the purpose of sale or breeding who contravenes an order made under section 55.9.6 is liable to a fine of $1,600 to $5,000 and, in the case of a second or subsequent offence, to a fine of $3,200 to $15,000.

1993, c. 18, s. 7; 2001, c. 35, s. 30.

55.43.2. Every person who contravenes an order issued pursuant to section 3.2, 3.4, 11.1, 22.5, 55.7.1 or 55.25 is liable to a fine of $1,600 to $5,000 in the case of a natural person and of $5,000 to $15,000 in the case of a legal person.

For any subsequent conviction, the offender is liable to a fine of $3,200 to $15,000 in the case of a natural person and of $15,000 to $45,000 in the case of a legal person.

2000, c. 40, s. 40.

55.43.3. Every person who contravenes a provision of a regulation made under section 22.1 is liable to a fine of $250 to $2,450 in the case of a natural person and of $625 to $6,075 in the case of a legal person.

For any subsequent conviction, the offender is liable to a fine of $1,225 to $12,150 in the case of a natural person and of $3,650 to $36,425 in the case of a legal person.

2000, c. 40, s. 40.

55.43.4. Every person who contravenes the provisions of sections 11.10, 11.13 or an order issued pursuant to section 11.11 is liable to a fine of not less than $100 and not more than $300 and, for any subsequent conviction in both cases, of a fine of not less than $300 and of not more than $900.

2000, c. 40, s. 40.

55.44. Every person who contravenes section 24, 26, 27, 35, 38, 39, 40, 41, 42 or 43 or any prescription of a regulation determined under section 28 or 45 is liable to a fine of $125 to $625 in the case of a natural person and of $250 to $2,450 in the case of a legal person.

For any subsequent conviction, the offender is liable to a fine of $250 to $2,450 in the case of a natural person and of $625 to $6,075 in the case of a legal person.

1986, c. 53, s. 17; 1986, c. 97, s. 12; 1990, c. 4, s. 720; 1991, c. 33, s. 111; 1995, c. 29, s. 7; 1999, c. 40, s. 236.

55.45. Every person who contravenes section 31 is liable to a fine of $125 to $1,225 in the case of a natural person and of $250 to $2,450 in the case of a legal person.

For any subsequent conviction, the offender is liable to a fine of $250 to $2,450 in the case of a natural person and of $625 to $6,075 in the case of a legal person.

1986, c. 53, s. 17; 1990, c. 4, s. 720; 1991, c. 33, s. 112; 1999, c. 40, s. 236.

55.45.1. Penal proceedings for an offence under section 55.43.1 may be instituted before the municipal court by the local municipality in whose territory the offence is committed.

In such a case, the fines and expenses relating to the offence belong to the municipality.

1993, c. 18, s. 8.

55.46. Every person who, by his consent, encouragement, advice or order, induces another person to commit an offence is guilty of the offence as if he had committed it himself, and of every other offence committed by the other person as a result of the consent, encouragement, advice or order, if he knew or should have known that its probable consequence would be the commission of the offences.

1986, c. 53, s. 17.

55.47. Every person who, by his act or omission, aids another person to commit an offence is guilty of the offence as if he had committed it himself, if he knew or should have known that the probable consequence of his act or omission would be to aid in the commission of the offence.

1986, c. 53, s. 17.

55.48. (Repealed).

1986, c. 53, s. 17; 1990, c. 4, s. 721.

55.49. (Repealed).

1986, c. 53, s. 17; 1990, c. 4, s. 721.

55.50. In the case of proceedings instituted for an offence described in this division, the report of the inspection, analysis or specimen or sample taking and the minutes of the seizure or confiscation, signed by veterinary surgeon, inspector or analyst, are proof of their contents, unless there is evidence to the contrary, and no proof of the signature or of the quality of the signatory is required if the person certifies in the report of the inspection, analysis or specimen or sample that he personally observed the facts stated therein.

The cost of inspection, analysis or specimen or sample taking as established by a regulation made under section 3, 28, 55.0.2 or 55.9 of this Act is included in the costs of the proceedings in the case of penal proceedings.

1986, c. 53, s. 17; 1990, c. 4, s. 722; 1991, c. 61, s. 33; 2000, c. 40, s. 41.

55.51. In the absence of any evidence to the contrary, a person who keeps a medicinal premix or a medicinal food in a quantity that exceeds the needs of his animals or those in his custody, is presumed to intend such product for sale or supply.

1991, c. 61, s. 34.

55.52. The Minister may claim, in the same manner as any debt owing to the Government, from an offender who has been convicted of an offence under section 55.6 or 55.7, the costs of specimens or samples taken and analyses made to ascertain, during a period of one year following the date of the final judgment of conviction, the absence of medicinal residues or metabolites of a medication, or to ensure that the quantities and concentrations permitted in the offender’s animals are being complied with.

2000, c. 40, s. 42.

DIVISION V

This Division ceased to have effect on 17 April 1987.

56. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 126 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter P-42 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 31 of chapter 126 of the Revised Statutes, 1964, in force on 1 September 1987, is repealed effective from the coming into force of the updating to 1 September 1987 of chapter P-42 of the Revised Statutes.