Minister’s Order

Establishing an animal health control area

Effective date

October 17, 2022.

End date

November 21, 2022.

Area in Ontario designated as animal health control area (AHCA)

The entire province of Ontario.

Hazard description

Disease — highly pathogenic avian influenza (HPAI), subtype H5N1.

Purpose of the Order

To prevent, detect, control, suppress or mitigate the hazard as there is a significant risk to animal health in the province. Specifically to prevent, detect, control, suppress or mitigate highly pathogenic avian influenza subtype H5N1 by requiring the prohibition of certain commingling events in Ontario.

Reasons for Order

The Chief Veterinarian for Ontario (CVO) has recommended the continuation of the animal health control area in the whole of Ontario until November 21, 2022. The recommendation is based on confirmed cases of highly pathogenic avian influenza subtype Eurasian strain H5N1 in domestic poultry in Ontario as well as the large number of known commingling events scheduled for the months of October and November 2022 (agricultural fairs). While the Canadian Food Inspection Agency has taken primary responsibility for managing the detection, containment and response to HPAI subtype H5N1 on infected premises in Ontario, there are actions that should be taken under the authority of the province's Animal Health Act, 2009, to further mitigate the risk of disease spread from premises to premises.

Affected animals (species, class or sub-set of animals that the hazard is known to affect or which such animals may be a vector)

The animals that the hazard is known to affect or for which such animals may be a carrier are all known bird species raised for food, display or pets, bird species used for sport, protection, including all commercial and non-commercial poultry, zoological or other display poultry, birds housed at wildlife rehabilitator facilities and personal pet species.

Accordingly, pursuant to paragraph 24(6)(d) and subsection 24(7) of the Animal Health Act, 2009, the Chief Veterinarian for Ontario may do any or all of the following:

  1. Establish restrictions on the possession, storage, transportation, movement or distribution of living or dead birds, bird products, bird by-products, inputs, fomites, waste material, conveyances or any other thing related to birds in, to or from the AHCA, including requiring permits to be obtained before any such activity may take place.
  2. Specify animal handling measures that must be observed in the AHCA, including measures for the isolation of an animal or the separation of two or more animals from other animals.
  3. Specify any precautionary or biosecurity measures for individuals, animals, animal products, animal by-products, inputs, fomites, waste material, conveyances or other things related to animals in the AHCA or when entering or leaving the AHCA, including requirements for cleaning and disinfection.
  4. Require the recording, maintenance and reporting of specified information related to an animal, animal product, animal by-product, input, fomite, waste material or any other thing related to animals.
  5. Set out any other restriction or requirement that he or she considers necessary to prevent the spread of HPAI.

Notice

This Order is issued under section 24 of the Animal Health Act, 2009. Notice of the Order has been provided in accordance with the requirements of that section.

All persons in the AHCA established by this Order and all persons affected by the Order shall comply with the Order and with the requirements of the Chief Veterinarian for Ontario and, if requested to do so, shall provide proof of such compliance.

An individual or corporation that fails to comply with an order made under the Animal Health Act, 2009, is guilty of an offence and, on conviction, is liable to a fine for each day of which the offence occurs or continues.

Conflict

In the event of a conflict between this Order and an order made by the Canadian Food Inspection Agency (CFIA) under the Health of Animals Act (Canada), the order made by the CFIA governs.

Revocation of prior Order

The Order issued under s.24 of the Animal Health Act, 2009, with an effective date of September 23, 2022, is revoked effective the date that the Chief Veterinarian for Ontario establishes requirements under this new Order.

Original signed by:

Minister of Agriculture, Food and Rural Affairs

October 17, 2022

Requirements of the Chief Veterinarian for Ontario Pursuant to a Minister's Order made under Section 24 of the Animal Health Act, 2009

Effective October 17, 2022.

Animal health control area — highly pathogenic avian influenza, subtype H5N1

Definitions

For purpose of complying with these requirements, the following words shall have the following meanings:

"Birds" includes all living members of the class Aves.

"Commingling event" means any of the following:

  1. bird shows
  2. bird Buy Sell Trade (BST) events, sales or swaps which are locations where birds from multiple locations are brought together and may be exchanged or purchased
  3. the portion of any agricultural or other fair where birds are exhibited
  4. a site where birds from multiple locations are brought together for the purpose of sport
  5. a site where birds are brought from multiple locations for the purpose of education (but does not include the place where the birds are commonly housed)
  6. vaccination gatherings (bringing birds from multiple sources to a single premises for vaccination)
  7. transport of birds via broker-transporters to attend the events described in clauses (a) to (f)

But does not include:

  1. normal business carried out at:
    1. a slaughter plant operating in accordance with the Food Safety and Quality Act, 2001 or the operator of an establishment identified in a licence that is issued under the Safe Food for Canadians Act (Canada) that authorizes the slaughter of food animals under that Act
    2. a registered research facility or a licenced supply facility under the Animals for Research Act
    3. a wildlife rehabilitation centre or other similar facility where the protected wildlife are kept in captivity pursuant to a wildlife custodian authorization issued under the Fish and Wildlife Conservation Act, 1997
    4. an entity prescribed under subsection 6(1) of Ontario Regulation 447/19 (Ministerial Prescriptions) under the Provincial Animal Welfare Services Act, 2019 and any other entity that provides animal sheltering services
    5. any site or location where activities may be undertaken by a poundkeeper under the Pounds Act
    6. pet stores or other permanent retail locations where birds may be bought, sold or traded
    7. retail outlets and similar places that sell or distribute live chicks (for example, the young or juvenile life stage of the domestic hen)
    8. an accredited veterinary facility under the Veterinarians Act
    9. zoos and similar animal experience businesses at the location where the birds are permanently housed
  2. any activity where a person is lawfully exercising existing aboriginal or treaty rights

"Minister's Order" means the Minister's Order dated October 17, 2022, and effective October 17, 2022, issued on the advice of the Chief Veterinarian for Ontario under section 24 of the Animal Health Act, 2009.

Requirement to comply with Order

Pursuant to section 24 of the Animal Health Act, 2009, all persons in the AHCA or affected by the order shall comply with the Order and the requirements of the Chief Veterinarian for Ontario and, if requested to do so, shall provide proof of such compliance.

Restriction on transportation and movement and precautionary and biosecurity measures in the animal health control area

  1. No person shall run, host, or hold a commingling event while the Minister's Order is in effect.
  2. No person shall move birds to a commingling event while the Minister's Order is in effect.

These requirements are in effect as of the date set out above and shall continue in effect until November 21, 2022.

The previous requirements issued under s.24 of the Animal Health Act, 2009, with an effective date of September 23, 2022, are hereby revoked.

In the event of a conflict between this Order and an order made by the Canadian Food Inspection Agency (CFIA) under the Health of Animals Act (Canada), the order made by the CFIA governs.

Original signed by:

Chief Veterinarian for Ontario

October 17, 2022