R.R.O. 1990, Reg. 22: GENERAL

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Animals for Research Act

R.R.O. 1990, REGULATION 22

GENERAL

Consolidation Period:  From June 13, 2006 to the e-Laws currency date.

Last amendment: 293/06.

Legislative History: 434/95, 289/96, 293/06.

This is the English version of a bilingual regulation.

1. (1) Revoked:  O. Reg. 434/95, s. 1.

(2)  Revoked:  O. Reg. 434/95, s. 1.

(3) The fee for a licence as an operator of a supply facility is $100.  O. Reg. 289/96, s. 1.

(4) A licence expires with the 31st day of December of the year of issue.  R.R.O. 1990, Reg. 22, s. 1 (4).

(5) Every licence shall have listed therein the types or species of animals that are bred and reared by the licensee.  R.R.O. 1990, Reg. 22, s. 1 (5).

(6) The Director shall at any time upon the application of the licensee insert additional types or species of animals in a licence without additional fee.  R.R.O. 1990, Reg. 22, s. 1 (6).

(7) No licensee shall sell or offer for sale an animal for use in a research facility unless the animal is of a type or species listed in the licence.  R.R.O. 1990, Reg. 22, s. 1 (7).

(8) A licence is not transferable.  R.R.O. 1990, Reg. 22, s. 1 (8).

2. (1) Revoked:  O. Reg. 434/95, s. 2 (1).

(2) Revoked:  O. Reg. 434/95, s. 2 (1).

(3) The fee for registration of a research facility is,

(a) $200 for one research facility;

(b) $100 for each additional research facility under the control of the same operator.  O. Reg. 289/96, s. 2.

(4) Subject to subsection 4 (2) of the Act, where a research facility does not fully conform to the regulations the Director may register the research facility subject to the condition that the research facility conform fully with the regulations before the date determined by the Director and set out in the registration and any certificate thereof.  R.R.O. 1990, Reg. 22, s. 2 (4).

(5) Registration of a research facility is subject to the following conditions:

1. The registration expires with the 31st day of December of the year in which registration is made.

2. The operator of a registered research facility shall not purchase or otherwise acquire an animal for use in the research facility from the holder of a licence as an operator of a supply facility unless the animal is of a type or species listed on the licence.  R.R.O. 1990, Reg. 22, s. 2 (5); O. Reg. 434/95, s. 2 (2).

3. No person shall construct, acquire or reconstruct premises for use as a research facility, supply facility or pound without,

(a) notifying the Director of their intention; and

(b) furnishing the Director with a copy of the plans and specifications of the premises proposed to be used, constructed or reconstructed.  R.R.O. 1990, Reg. 22, s. 3.

4. (1) The operator of every research facility shall, prior to the first day of March in every year, submit to the Director an annual report in respect of the preceding calendar year and the report shall contain,

(a) the total number of every species of animal used for research in the research facility in the year;

(b) the total number of dogs and the total number of cats purchased or otherwise acquired from,

(i) other research facilities,

(ii) pounds,

(iii) supply facilities, and

(iv) other sources; and

(c) the total number of dogs and the total number of cats that in any experiment or surgical procedure did not recover from anaesthesia.  R.R.O. 1990, Reg. 22, s. 4 (1).

(2) The operator of every research facility shall submit to the Director a report setting out,

(a) the names of members of the animal care committee forthwith after the committee is established; and

(b) particulars of every change in membership of the animal care committee, including the name of any new member, forthwith after the change is made.  R.R.O. 1990, Reg. 22, s. 4 (2).

5. (1) The maximum price that shall be paid for dogs or cats by the operators of research facilities under clause 20 (6) (c) of the Act shall be $6 for each dog and $2 for each cat.  R.R.O. 1990, Reg. 22, s. 5 (1).

(2) For the purposes of subsection 20 (9) of the Act, the operator of a pound may require the operator of a research facility to pay not more than $2 per day or part thereof for each dog and $1 per day or part thereof for each cat sold to the operator of the research facility respecting its care, food and accommodation but only in respect of the period commencing with the day next following the day that the operator of the research facility is notified that the dog or cat is available for sale and ending with the day that the dog or cat leaves the pound.  R.R.O. 1990, Reg. 22, s. 5 (2).

6. A person operating an elementary school or secondary school that contains a research facility is exempt from subsection 4 (1) and section 14 of the Act and from section 4 of Regulation 24 of the Revised Regulations of Ontario, 1990, in respect of the research facility subject to the following conditions:

1. The research facility shall be maintained in a sanitary condition at all times, as free as practicable from insects and vermin.

2. The standards of health, welfare and care of animals and the buildings, facilities and equipment provided by any person from whom animals are purchased have been approved by the Director.  R.R.O. 1990, Reg. 22, s. 6.

7. Where a research facility is established by an operator and is used by that operator as a research facility for a total period of time not exceeding thirty days in any one year, the operator is exempt from subsection 4 (1) of the Act and from section 4 of Regulation 24 of the Revised Regulations of Ontario, 1990, in respect of the premises, subject to the condition that the research facility shall be maintained in a sanitary condition at all times, as free as practicable from insects and vermin.  R.R.O. 1990, Reg. 22, s. 7.

8. Where a person who is associated with a research facility and who is conducting research in connection therewith under the jurisdiction of an animal care committee established in connection with the research facility conducts the research on premises not owned or occupied by the operator of the research facility, that person is exempt from subsection 4 (1) of the Act and from section 4 of Regulation 24 of the Revised Regulations of Ontario, 1990, in respect of such premises subject to the following conditions:

1. The research facility shall be maintained in a sanitary condition at all times, as free as practicable from insects and vermin.

2. The animal care committee shall, prior to the research being conducted, advise the Director in writing of the name of the person conducting the research and the address at which the research is to be conducted.  R.R.O. 1990, Reg. 22, s. 8.

9. Where a person operates a research facility on premises owned by another person and the facility is operated under the jurisdiction of an animal care committee solely for the purpose of conducting field trials on livestock, poultry or such other species of animals as the Director may approve, using only a substance or substances the testing of which is required under any law in force in Ontario, the operator is exempt from subsection 4 (1) of the Act and from section 4 of Regulation 24 of the Revised Regulations of Ontario, 1990, in respect of such premises subject to the following conditions:

1. The research facility shall be maintained in a sanitary condition at all times as free as practicable from insects and vermin.

2. The animal care committee shall, prior to the research being conducted, advise the Director in writing of the name of the person conducting the research, the address at which the research is to be conducted and the number and type or species of animals to be used in the research.  R.R.O. 1990, Reg. 22, s. 9.

10. Where a person wishes to purchase or otherwise acquire an animal for use in a research facility and the animal is not of a type that may be readily purchased or otherwise acquired under section 14 of the Act by reason of its species or strain or by reason of any specific disease or condition desired of the animal, the person is exempt from section 14 of the Act but where the animal is a dog or cat the exemption is subject to the following conditions:

1. Prior to purchasing or otherwise acquiring the animal the person shall advise the Director in writing of,

i. the number of animals to be purchased or otherwise acquired,

ii. the name and address of the person from whom the animal is to be purchased or otherwise acquired, and

iii. the reason why the animal may not be readily purchased or otherwise acquired under section 14 of the Act.

2. Prior to purchasing or otherwise acquiring the animal the person shall obtain the permission in writing of the Director therefor.  R.R.O. 1990, Reg. 22, s. 10.

11. (1) Where the operator of a pound has not satisfied all requests referred to in clause 20 (6) (c) of the Act the operator is exempt from the prohibition in subsection 20 (6) of the Act against destroying or causing or permitting to be destroyed any dog or cat but only where the dog or cat does not conform with the requirements specified in the requests.  R.R.O. 1990, Reg. 22, s. 11 (1).

(2) For the purposes of subsection 24 (10) of the Act the treasurer of a municipality that has passed a by-law under which dogs or cats are impounded in a pound, or such person as the treasurer may designate in writing, is prescribed as the person to whom payment shall be made in respect of a dog or cat in the pound.  R.R.O. 1990, Reg. 22, s. 11 (2).

12. (1) An operator of a research facility is exempt from subsection 14 (2) of the Act where,

(a) the operator has acquired a dog or cat under clause 20 (6) (c) of the Act;

(b) the research use of the dog or cat has been completed;

(c) in the opinion of the operator of the research facility, the dog or cat is in a state of good health and suitable for one or more of the uses referred to in clause 20 (6) (b) of the Act; and

(d) the operator disposes of the dog or cat by gift to the operator of the pound from which the dog or cat was acquired,

(i) for any of the uses referred to in clause 20 (6) (b) of the Act, or

(ii) for euthanasia.  R.R.O. 1990, Reg. 22, s. 12 (1).

(2) No dog or cat that has been returned to a pound under subsection (1) shall be disposed of to a research facility.  R.R.O. 1990, Reg. 22, s. 12 (2).

FormS 1-4 Revoked:  O. Reg. 434/95, s. 3.

 

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