Act
Proposed amendments to the Animal Health Act, 2009 to enhance animal health preparedness and to make additional updates to the legislation
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Animal Health Act, 2009
Summary of Decision:
Bill 46, the Less Red Tape, Stronger Ontario Act, 2023, received Royal Assent on March 22, 2023. The Animal Health Act, 2009 was amended to expressly enable a temporary response order when necessary and to make several other changes.
The following changes to the Animal Health Act, 2009 were made as proposed:
• clarify an existing authority, expressly enabling a temporary response order to be issued when necessary;
• enhanced consistency in the use of inspection authorities;
• updates related to the Legislation Act, 2006; and
• greater flexibility on publication of certain orders.
Ontario recognizes the importance of taking proactive steps to protect animal health and being able to act quickly in the event of an incident. Ensuring a timely and effective response may significantly further the prevention of, detection of, response to, control of, and recovery from, hazards such as animal disease outbreaks.
Stakeholder feedback during the consultation supported all aspects of the above approach.
The amendments came into force upon Royal Assent.
The following changes to the Animal Health Act, 2009 were made as proposed:
• clarify an existing authority, expressly enabling a temporary response order to be issued when necessary;
• enhanced consistency in the use of inspection authorities;
• updates related to the Legislation Act, 2006; and
• greater flexibility on publication of certain orders.
Ontario recognizes the importance of taking proactive steps to protect animal health and being able to act quickly in the event of an incident. Ensuring a timely and effective response may significantly further the prevention of, detection of, response to, control of, and recovery from, hazards such as animal disease outbreaks.
Stakeholder feedback during the consultation supported all aspects of the above approach.
The amendments came into force upon Royal Assent.
Analysis of Regulatory Impact:
As the proposed amendments are either enabling in nature or administrative, it is not expected that the proposed amendments, if passed and proclaimed into force, would result in any direct compliance costs for business.
Further Information:
Link to Environmental Registry
Proposal Number:
22-OMAFRA012
Posting Date:
November 23, 2022
Summary of Proposal:
Ontario recognizes the important relationship among animal health, human health, food safety and the economic well-being of the livestock and poultry sectors. The Animal Health Act, 2009 (AHA) provides important tools to detect and respond to significant animal health hazards or animal-related threats to human health in Ontario (e.g., a zoonotic disease in animals that may pose a risk to human health).
The livestock and poultry sectors are increasingly concerned about the risks and potential costs associated with a major animal health hazard, given recent attention to African swine fever in other countries and to diseases that have been detected in Ontario, such as avian influenza in poultry.
Providing clarity to the province's animal health legislation and an appropriate range of authorities would enable a timely and effective response. This may be useful in the initial phases of an emerging animal health event.
Providing for a timely and effective response may significantly further the prevention of, detection of, response to, control of, and recovery from, hazards such as animal disease outbreaks. In turn, this may better protect the health of both livestock and humans and mitigate against any economic or trade impacts.
Early, coordinated action could also safeguard supply chains by mitigating the risk of further spread and thereby limit the potential for higher costs to the industry and consumers associated with a more comprehensive response and recovery effort.
It is proposed that the Minister would be able to issue a temporary response order after receiving the advice of the Chief Veterinarian for Ontario, in situations where the Minister is of the opinion that any delay in implementing the measures authorized or required by the order will, or be likely to, increase substantially the risk to animal or human health and immediate measures are necessary to mitigate the possibility of that risk increasing. In forming this opinion, the Minister shall consider the principle that the absence of scientific consensus should not be used as a reason for postponing measures to avoid or minimize the risk to animal or human health.
A temporary response order would be effective only for as long as necessary but, in any case, would expire after 72 hours. If the Chief Veterinarian for Ontario recommends that the order be extended and if, in the Minister's opinion, the criteria for issuing the order continue to exist, the Minister may extend the order once, before it expires, for a further period of up to 72 hours.
Section 18 of the AHA would be amended to achieve greater consistency in setting out an inspector's authority to conduct an inspection to check for compliance with an existing order, including an animal health control area order, a temporary response order, and a surveillance zone order.
A proposed amendment would make updates related to the Legislation Act, 2006 (i.e., that Part III (Regulations) does not apply to a temporary response order or an animal health control area order).
To provide clarity and flexibility, s. 24 of the AHA would be amended to allow more flexibility on the appropriate method for the Minister being required to post notice of an animal health control area on a government website and in any other appropriate manner.
The livestock and poultry sectors are increasingly concerned about the risks and potential costs associated with a major animal health hazard, given recent attention to African swine fever in other countries and to diseases that have been detected in Ontario, such as avian influenza in poultry.
Providing clarity to the province's animal health legislation and an appropriate range of authorities would enable a timely and effective response. This may be useful in the initial phases of an emerging animal health event.
Providing for a timely and effective response may significantly further the prevention of, detection of, response to, control of, and recovery from, hazards such as animal disease outbreaks. In turn, this may better protect the health of both livestock and humans and mitigate against any economic or trade impacts.
Early, coordinated action could also safeguard supply chains by mitigating the risk of further spread and thereby limit the potential for higher costs to the industry and consumers associated with a more comprehensive response and recovery effort.
It is proposed that the Minister would be able to issue a temporary response order after receiving the advice of the Chief Veterinarian for Ontario, in situations where the Minister is of the opinion that any delay in implementing the measures authorized or required by the order will, or be likely to, increase substantially the risk to animal or human health and immediate measures are necessary to mitigate the possibility of that risk increasing. In forming this opinion, the Minister shall consider the principle that the absence of scientific consensus should not be used as a reason for postponing measures to avoid or minimize the risk to animal or human health.
A temporary response order would be effective only for as long as necessary but, in any case, would expire after 72 hours. If the Chief Veterinarian for Ontario recommends that the order be extended and if, in the Minister's opinion, the criteria for issuing the order continue to exist, the Minister may extend the order once, before it expires, for a further period of up to 72 hours.
Section 18 of the AHA would be amended to achieve greater consistency in setting out an inspector's authority to conduct an inspection to check for compliance with an existing order, including an animal health control area order, a temporary response order, and a surveillance zone order.
A proposed amendment would make updates related to the Legislation Act, 2006 (i.e., that Part III (Regulations) does not apply to a temporary response order or an animal health control area order).
To provide clarity and flexibility, s. 24 of the AHA would be amended to allow more flexibility on the appropriate method for the Minister being required to post notice of an animal health control area on a government website and in any other appropriate manner.
Contact Address:
Royal Assent Date:
March 22, 2023
Decision:
Approved