Proposed changes to the Health of Animals Regulations

What are the proposed regulatory changes and why are they being proposed?

The Canadian Food Inspection Agency (CFIA) is proposing changes to the Health of Animals Regulations to create regulations related specifically to aquatic animals. The proposed changes were published in Canada Gazette, Part I, on December 18, 2009 for a public comment period which concludes on March 4, 2010.

Further comments may need to be incorporated into the regulations prior to them being published in Canada Gazette, Part 2 and becoming law.

The proposed amendments will strengthen Canada's protection of aquatic animals from infectious diseases and are required to meet the Agency's mandate of protection of the aquatic animal health resource base and international obligations.

The proposed regulations will mean that diseases of concern to Canada will be reportable and imports of certain aquatic animals into Canada will require an import permit from the CFIA. The proposed date for this requirement is March 1, 2011.

Do these proposed regulatory changes affect all aquatic animals?

For the purpose of the National Aquatic Animal Health Program (NAAHP), aquatic animals are defined as finfish, molluscs and crustaceans that are listed as susceptible to diseases of concern internationally and to Canada. This list is included in the proposed regulations.

What is the NAAHP?

The NAAHP is a science-based regulatory program for aquatic animal diseases, which have been designated reportable or notifiable in Canada because of their potential impact on trade, the economy and animal health.

The program is lead by CFIA, with laboratory support from the Department of Fisheries and Oceans.

The Health of Animals Act defines animals to include aquatic animals. Therefore all existing legislative and regulatory authority to protect animals from infectious diseases and provide for their welfare applies equally to aquatic animals.

What is the impact of these proposed regulations on the general public?

When the proposed regulations are published in Canada Gazette, Part 2, laboratories will be responsible for reporting notifiable aquatic animal diseases listed in the proposed regulatory amendments to the CFIA. The requirement for an import permit for aquatic animals listed in the proposed amendments is expected to come into force on March 1, 2011.

The only regulated movements will be on aquatic animals from outside of Canada and not movements of aquatic animals within the country.

If you are an importer of aquatic animals or products, you may be required to get an import permit as of March 1, 2011.

What are reportable diseases?

Reportable diseases are listed in a regulation that is separate from the regulation listing notifiable diseases. Reportable diseases are considered to be of significant importance to animal health or to the Canadian economy. Animal owners, veterinarians and laboratories are required to immediately report the presence of an aquatic animal that is contaminated or suspected of being contaminated with one of these diseases to their CFIA area office.

What is an immediately notifiable disease?

In general, immediately notifiable diseases are diseases exotic to Canada for which there are no control or eradication programs. Only laboratories are required to contact the CFIA regarding the suspicion or diagnosis of one of these diseases and they are listed in Schedules VII and VIII of the Health of Animals Regulations.

If I am an importer of aquatic animals, how will these changes affect me?

It is expected that as of March 1, 2011, importers of aquatic animals will require an import permit for live aquatic animals and carcases of those animals on the susceptible species list. As this is a new requirement, the CFIA is taking a phased-in approach to allow Canadian importers and foreign countries who export to Canada time to review and prepare to meet these new import requirements.

Does this mean that I will need to get a permit to bring my pet fish or aquarium into Canada after March 1, 2011?

All species that may require an import permit are outlined on the susceptible species list.

Will the proposed changes have any impact on the exports of aquatic animals?

Currently, the CFIA is responsible for export certification for aquatic animal health for all species except salmon. It is expected that as of March 1, 2011, when the proposed import permit requirements come into effect, the existing Fisheries and Oceans Canada's Fish Health Protection Regulation will be rescinded. At that time, all export certification for aquatic animal health purposes, including those for salmon, will be the responsibility of CFIA.

I participated in the open forums that were held across Canada, should I submit comments again?

Extensive consultations have been conducted on the proposed amendments and all comments have been heard and taken into account. However, as we do want to ensure that all potentially concerned Canadians have had a chance to comment, there is a 75-day pre-publication review period that ends on March 4, 2010.

I transport live aquatic animals within Canada. Do the proposed changes affect these movements of aquatic animals?

Not at the present time. Another regulation with attendant consultation will be required to implement domestic controls.

What about compensation?

The CFIA may provide compensation to owners for the market value of animals ordered destroyed under the authority of the Health of Animals Act.