Regulation - LGIC

Prescribing a significant market disruption within the definition of "hazard" and updating the Appendices listing Immediately and Periodically Notifiable Hazards in O. Reg. 277/12 (Reporting of Hazards and Findings) under the Animal Health Act, 2009.

Regulation Number(s):
O. Reg. 277/12
O. Reg. 849/21
Instrument Type:
Regulation - LGIC
Bill or Act:
Animal Health Act, 2009
Summary of Decision:
The regulation prescribes that, for the purposes of clause (c) of the definition of "hazard" in section 2 of the Animal Health Act, 2009 (AHA), any surplus of livestock or poultry in the Province is prescribed as a hazard if the surplus is caused by restrictions on the movement of the livestock, poultry or related animal products within Ontario or across interprovincial or international borders and the restrictions were imposed due to concerns about a disease or a biological, chemical, physical or radiological agent or factor.

As per the existing definition in the AHA, the definition needs to be read so that the surplus is considered a "hazard" if, in the absence of control of the surplus, it must adversely affect or be likely to adversely affect the health of any animal or likely to cause, directly or indirectly, significant harm to human health.

This regulation permits the authorities in the AHA that allow for the prevention, detection and response to a "hazard" to be used, in appropriate circumstances and in accordance with the relevant sections in the AHA, to address a provincial surplus of livestock or poultry(due, for example, to a significant disruption that has occurred within a supply chain because of border-related measures).

The potential application of the AHA in these circumstances would help position Ontario to be better prepared to respond to animal health related emergencies if they arise.

This notice will be updated once a decision has been made regarding the proposed changes to O. Reg. 277/12.
Analysis of Regulatory Impact:
There are no anticipated direct compliance costs related to the new "hazard" regulation. There are no new regulatory compliance requirements for businesses in the regulation.

It is also anticipated that the proposed changes to O. Reg. 277/12 would likewise not increase costs for livestock or poultry producers. Animal health laboratories may see some minor costs to support information technology adjustments to update the database interface to include the flagging and reporting of the specific hazards that are to be added to the lists of notifiable hazards in O. Reg. 277/12 (i.e., a one-time cost).
Further Information:
Proposal Number:
21-OMAFRA017
Posting Date:
October 19, 2021
Summary of Proposal:
Please visit the notice on the Environmental Registry of Ontario for details. See link above.
Contact Address:
Food Safety and Environmental Policy
1 Stone Road West
2nd Floor
Guelph, ON
N1G 4Y2
Canada
Effective Date:
January 1, 2022
Decision:
Approved