P-42 - Animal Health Protection Act

À jour au 16 juin 2000

Ce document a valeur officielle.

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:

(1)  “animal” means any domestic animal or animal kept in captivity and its fertilized eggs and ova, except an animal kept in a zoological garden;

(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.

R. S. 1964, c. 126, s. 2; 1986, c. 53, s. 1; 1991, c. 61, s. 2.

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 of a category determined by regulation must, at the frequency prescribed by the regulation, submit the animal to a screening test for a contagious or parasitic disease.

1995, c. 29, s. 1.

3. The Government may make regulations to:

(1)  designate the contagious or parasitic diseases to which this section shall apply;

(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 carcases of animals;

(3.1)  determine, for the purposes of section 2.1, the animals that must be submitted to a screening test for a contagious or parasitic disease and prescribe the frequency of and the standards applicable to such a test;

(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.

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 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 of a contagious or parasitic disease.

1986, c. 53, s. 3; 1991, c. 61, s. 4.

3.2. Where a designated veterinary surgeon observes or suspects the existence of a contagious or parasitic disease, 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.

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 believes, on reasonable grounds, that there is a high risk of propagation of the disease may order that the owner or custodian slaughter the infected animal and dispose of the carcass according to the instructions he specifies. The designated veterinary surgeon shall give notice to this effect by means of minutes 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 slaughter and disposal order under the first paragraph, the animal shall be confiscated by the designated veterinary surgeon, slaughtered 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.

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 by a designated veterinary surgeon.

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.

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 affected with a contagious or parasitic disease 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.

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

9. It is forbidden to bring or allow to bring animals 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 attesting that the animals are free from disease.

R. S. 1964, c. 126, s. 9.

10. The fairs, exhibitions and auction sales of animals shall take place only in suitable places adapted thereto according to plans approved by the Minister.

It is forbidden to bring, cause to be brought, receive or keep to or in the places contemplated in the preceding paragraph, or to sell at auction any infirm or incurable animal or one exhibiting visible symptoms of sickness.

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

11. (Repealed).

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

11.1. Where, within a sector determined by the Minister, the presence of a chemical, physical or biological agent may constitute a health risk for animals or for persons who come in contact with them or consume them or their products, the Minister may, in an emergency or in the public interest, order the owners or custodians of animals to segregate, treat, mark or immunize the animals or to slaughter them and dispose of their carcasses within the time and according to the conditions he specifies.

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.

The order 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.

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.

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 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, ovine or porcine species and live domestic rabbits;

(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.

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;

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

(e)  prohibit the sale of any infirm or incurable animal or animal infected by a contagious disease 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.

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. The Minister may establish, to advise him on the application of this division, an advisory committee formed of not more than five persons having special competence in the subject matter of this division.

The members of such committee shall receive no salary; they shall be indemnified for their expenses in attending meetings and receive, if need be, an attendance allowance fixed by the Government.

1973, c. 26, s. 1.

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.

55.4. No person may administer 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 or feed them a medicinal food containing such a medication except on the prescription of a veterinary surgeon.

1986, c. 53, s. 17.

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 owner or custodian of an animal may, so long as the waiting period indicated in the prescription of a veterinary surgeon or on the packaging of, or in a document provided with a medication or medicinal food has not expired, deliver or send to a slaughterhouse, for the purposes of human consumption, an animal which is the carrier of a medication or the metabolite of a medication.

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

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.

55.9. 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;

(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;

(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 fifteen 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.

DIVISION IV.2 INSPECTION, SEIZURE AND CONFISCATION

1986, c. 53, s. 17.

§ 1 . — Inspection

1986, c. 53, s. 17.

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 12, 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.

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, 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.

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

1986, c. 53, s. 17.

55.43. Every person who contravenes section 2.0.1, 2.1, 3.1, 8, 9, 10, 55.2, 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 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 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.

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.

55.46. 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.

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

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.

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.