Regulations Amending the Health of Animals Regulations (Emergency Transit): SOR/2021-114

Canada Gazette, Part II, Volume 155, Number 12

Registration
SOR/2021-114 June 1, 2021

HEALTH OF ANIMALS ACT

P.C. 2021-463 June 1, 2021

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to paragraphs 64(1)(a) footnote a and (w) of the Health of Animals Act footnote b, makes the annexed Regulations Amending the Health of Animals Regulations (Emergency Transit).

Regulations Amending the Health of Animals Regulations (Emergency Transit)

Amendments

1 The portion of section 10 of the Health of Animals Regulations footnote 1 before the first definition is replaced by the following:

10 The definitions in this section apply in this section and in sections 11 to 17.

2 The Regulations are amended by adding the following after section 16:

17 (1) On request of the government of the United States, subject to subsection (3), a person may import a regulated animal from the United States for the purpose of re-entering the United States without meeting the requirements of paragraphs 12(1)(a) and (b), sections 15 and 16 and Part XV, if the President of the Canadian Food Inspection Agency determines that

(2) Subject to subsection (3), if a regulated animal is exported to the United States under subsection 69.1(1), a person may import that animal without meeting the requirements of paragraphs 12(1)(a) and (b), sections 15 and 16 and Part XV.

(3) No person shall import a regulated animal under subsection (1) or (2) unless it is accompanied by a certificate issued by a veterinary inspector, a certificate issued by an accredited veterinarian that is approved in writing by a veterinary inspector or a certificate of an official veterinarian that specifies

3 The Regulations are amended by adding the following after section 69:

69.1 (1) Despite paragraph 69(1)(a) and subsection 69(3) and subject to subsection (2), a person may export a regulated animal, as defined in section 10, to the United States for the purpose of re-entering Canada without meeting the requirements of Part XV if the President of the Canadian Food Inspection Agency determines that

(2) No person shall export a regulated animal, as defined in section 10, under subsection (1) unless it is accompanied by a certificate issued by a veterinary inspector, or a certificate issued by an accredited veterinarian that is approved in writing by a veterinary inspector, that specifies

Coming into Force

4 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

For regular trans-border movements of a regulated animal between Canada and the United States, the Health of Animals Regulations (the Regulations) have specific requirements for import and export documentation, such as import permits and export certificates, as well as testing and quarantine. The requirements of the Import Reference Document, which is incorporated by reference into the Regulations, must also be met. The Health of Animals Act and the Regulations had no provisions that would allow the Canadian Food Inspection Agency (CFIA) or the Minister of Agriculture and Agri-Food to grant an exemption from these requirements, which meant there were no provisions to address emergency situations, such as natural or man-made disasters or when routine transportation routes are obstructed without feasible alternatives.

While an export certificate could be simplified and issued promptly during an emergency situation, the issuance of an import permit, completion of testing, and/or approval of a post-import quarantine facility create significant challenges to implementing a timely process during an emergency situation. Under the Regulations, CFIA has to issue an import permit to the owners of certain regulated animals originating in or returning from the United States before the regulated animals are presented at the Canadian border. It can take up to 10 business days for the permit to be issued after the application is received and the owner needs to have Internet/printer access in order to receive and print their permit. This process is inefficient during emergency situations when a regulated animal must be evacuated immediately.

The CFIA – United States Department of Agriculture Animal and Plant Health Inspection Service Joint Policy on the Emergency Transit of Regulated Animals was developed and approved by CFIA and the United States Department of Agriculture Animal and Plant Health Inspection Service has communicated its readiness to sign the joint policy. Adoption is conditional upon signature by both CFIA and the United States Department of Agriculture Chief Veterinary Officers. However, changes to the Regulations are required before CFIA is able to sign the joint policy, as these amendments provide the authority for CFIA to implement the joint policy.

Background

The requirements for regular trans-border movements of a regulated animal vary depending on the species and purpose of import. Under the Regulations, most trans-border movements require an export certificate issued by the country from which the regulated animal originated, and most export certificates must state that the regulated animal being imported has tested negative for and/or originated from a premises free from diseases of concern. Some species and purposes of import require an import permit issued by the country of destination or transit, or pre-approval of a post-import quarantine facility. These documents are required, regardless of whether there is an emergency or not. As an example, United States cattle that enter Canada under the Restricted Feeder Cattle Program must have both a United States export certificate and an import permit issued by CFIA, and they must go to a pre-approved feedlot in Canada. However, United States cattle and pigs for breeding, poultry, and horses can enter Canada with only a United States export certificate (no import permit required), although pigs imported for breeding must go to a pre-approved post-import quarantine in Canada.

Past near-emergency transit events

In 2015, there were extensive wildfires in Washington State in the United States, creating the potential need to evacuate livestock from the United States through Canada. The United States Department of Agriculture approached CFIA to discuss the possibility of CFIA allowing this emergency transit. However, no action was required as the situation subsided making emergency transit unnecessary.

The Nipigon River Bridge is part of the Trans-Canada Highway. It is the only bridge to cross the Nipigon River and the only road connecting Eastern and Western Canada. On January 10, 2016, the Nipigon River Bridge was temporarily closed due to safety and engineering concerns after part of the bridge lifted. After this incident, the bridge remained partially closed for several months while repairs occurred. In this case, the bridge was able to be partially reopened after a short period of time and emergency transit of Canadian regulated animals through the United States was not required. However, the situation highlighted that the closure of the bridge prevents the East-West movement of regulated animals across Canada and any future closure could result in animals that are already in transit being stuck on the road leading to animal welfare concerns. This is of particular concern as most swine that are born and raised in Eastern Canada are transported to Western Canada for slaughter, as Eastern Canada does not have enough slaughter capacity. To avoid transportation disruptions in the event of similar emergencies in the future, CFIA proposed to negotiate a policy with the United States Department of Agriculture to facilitate the East-West movement of Canadian livestock through the United States.

In 2016, CFIA and the United States Department of Agriculture agreed to develop a joint policy, through the Regulatory Cooperation Council, for the purpose of allowing regulated animals to transit through both countries during emergency situations.

Objective

The objective of the regulatory amendments is to allow regulated animals to transit through Canada and the United States during emergency situations accompanied by a simplified export certificate, without requiring owners of regulated animals to obtain an import permit and/or meet the requirements of the Import Reference Document. This will contribute to preserving animal welfare and streamline requirements for industry and other stakeholders during emergency situations.

Description

The regulatory amendments are broad enough to cover every potential emergency situation. Where there is discretion in the joint policy, there are explicit criteria in the Regulations allowing for the emergency transit of regulated animals through Canada and the United States.

In an emergency situation, the President of CFIA or his or her delegate will have the authority to determine whether emergency transit under the joint policy may be permitted; where a transportation route that is usually used in the transportation of the regulated animal cannot be used because the route is obstructed and no reasonable alternative transportation route exists, and, as a result of the obstruction, the welfare of the regulated animal is at risk. Additionally, both the Director of the United States Department of Agriculture and the President of CFIA or his or her delegate will need to sign Appendix I to the joint policy (Template to Request the Initiation of the CFIA – United States Department of Agriculture Animal and Plant Health Inspection Service Joint Policy on the Emergency Transit of Regulated Animals) in order to initiate the joint policy. Regulated animals that are under quarantine or movement restrictions due to a disease outbreak or investigation will not be part of this evacuation process.

For the purposes of emergency transit, the regulatory amendments allow a regulated animal to be imported into Canada for the purpose of re-entering the United States and exported to the United States for the purpose of re-entering Canada. An import permit will not be required and/or the requirements of the Import Reference Document will not need to be met.

Regulated animals will need to be accompanied by a simplified export certificate, issued by a veterinarian from the country declaring an emergency. The simplified export certificate will specify the species of the animals and the number of animals for each species being transported; and the seal footnote 2 number of the vehicles in which the animals are transported, unless the vehicle cannot be sealed (e.g. if a regulated companion animal, such as a bird, dog, cat or turtle/tortoise, is transported in a car that cannot be sealed).

Regulatory development

Consultation

Consultation with Canadian industry stakeholders (e.g. Canadian Cattlemen's Association, Canadian Livestock Genetics Association, Beef Farmers of Ontario) has occurred multiple times through the Regulatory Cooperation Council's various stakeholder consultation processes. CFIA has also provided regular updates to stakeholders at bilateral face-to-face meetings and at the annual Pacific NorthWest Economic Region Cross-Border Livestock Health meetings.

The Canadian industry is supportive of the joint policy, though provided some considerations regarding ensuring that animals transiting between Canada and the United States do not pose risks to other animals and the emergency transit does not permit substandard animal welfare. The mitigation of risk to Canada's animal resource base is a CFIA priority when developing any new program. The regulatory changes will prevent animal welfare issues that could result if the transport of animals is disrupted by a natural disaster or other problem by facilitating the movement of animals through the United States border.

Internal CFIA consultation began in November 2017 regarding the completeness and ability to implement the joint policy, with overall positive responses. CFIA has acknowledged that this policy may require additional operational resources, such as having a CFIA veterinarian at the border when the provisions of the policy are being applied.

No consultation activities were undertaken regarding the cost-benefit analysis and/or other analytical lenses. Emergency situations are rare and therefore the impact is anticipated to be minimal.

Since the regulatory amendments allow for the Government of Canada to better respond to emergencies that pose major risks to health, safety, the environment, or security, and have a very low impact, the regulations are proceeding directly to the Canada Gazette, Part II.

Modern treaty obligations and Indigenous engagement and consultation

Indigenous peoples will not be impacted by the regulatory amendments. The general process in an emergency situation will be similar to the regular trans-border movements that are currently occurring. The process for emergency transit is not entirely new but rather a modification to the established import/export processes used for regular trans-border movements to simplify them and facilitate efficient movement in emergency situations.

Regulatory analysis

Benefits and costs

Under the baseline scenario, the Regulations and the Import Reference Document have specific requirements for import and export documentation, such as import permits and export certificates, as well as testing and quarantine for the trans-border movements of a regulated animal between Canada and the United States.

Under the regulatory scenario, trans-border movements of a regulated animal between Canada and the United States during emergency situations will only require a simplified export certificate, without the need for an import permit and/or to meet the requirements of the Import Reference Document. The regulatory amendments will apply during emergency situations, including when routine transportation routes are obstructed without feasible alternatives. The impact will depend on factors such as frequency and type of emergency and the number and/or species of regulated animals affected by the emergency situation. In the past 10 years, there were two near-emergency transit events (see the Background section) but no emergency situation occurred. It is anticipated that emergency situations will be rare and, therefore, impacts will be minimal. Therefore, the cost-benefit analysis was assessed qualitatively.

Industry (owners of regulated animals): positive impacts

The regulatory amendments will preserve animal welfare in the event of an emergency situation (natural or man-made), as trans-border movements to and from the United States will be easier and faster. It will be less costly and take less time to apply for, and to process and obtain a simplified export certificate than a standard export certificate, import permit, and/or to meet the requirements of the Import Reference Document. This will result in net savings to industry in emergency situations.

There will be no negative impacts to the industry.

Government (CFIA): positive and negative impacts

The cost for CFIA to process and issue a simplified export certificate will be less than for a standard export certificate. footnote 3 Canadian regulated animals will be able to return to Canada on this simplified export certificate. CFIA will not need to issue import permits, approve post-import quarantines, or complete post-import quarantine testing of these regulated animals as was previously required in some situations.

In an emergency situation declared by the United States under the joint policy, the United States government will issue a simplified export certificate to persons transporting regulated animals. With the simplified export certificate, American owners of regulated animals will not need to apply to obtain an import permit from CFIA for their regulated animals to enter Canada and/or obtain an export certificate to return to the United States. As such, CFIA will not incur any of the costs to process and issue an import permit and/or an export certificate to American owners of regulated animals.

There will be additional operational costs incurred by CFIA resulting from the need for a CFIA veterinary inspector to issue and/or endorse simplified export certificates at Canada's border in accordance with the joint policy during an emergency. The regulatory amendments will require a CFIA simplified export certificate to be issued at either the applicable Canadian port of exit or the Canadian premises of origin, by either a CFIA veterinarian or an accredited veterinarian footnote 4 that is approved in writing by a CFIA veterinary inspector. footnote 5

Small business lens

The small business lens applies as there are impacts on small businesses associated with the regulatory amendments. In this new regulatory framework, the cost to obtain a simplified export certificate during an emergency situation is anticipated to be less compared to the cost of obtaining a standard export certificate and/or import permit under the Regulations as they apply when there is no emergency present. Therefore, the regulatory amendments are anticipated to generate cost savings to all affected businesses, including small businesses. These amendments are intended to give small businesses the flexibility they would require in the event of an emergency situation to mitigate potential negative outcomes.

One-for-one rule footnote 6

Implications for the one-for-one rule have been considered since there is the potential in exceptional circumstances for an incremental decrease in administrative burden on business. The regulatory amendments will reduce administrative burden on businesses, as the cost to obtain a simplified export certificate from CFIA will be less compared to the requirements under the baseline scenario of obtaining a standard export certificate issued by the country of origin (Canada) and, if needed, an import permit issued by the country of transit (United States). In other words, it will take less time to obtain a simplified export certificate.

However, based on the examination of the last 10 years, there would not have been an emergency event that would have resulted in the emergency procedures being implemented. It is most likely that these emergency procedures will also not be needed over the next 10 years (the period of analysis required under the Red Tape Reduction Regulations), as they are intended to respond to exceptional circumstances. Therefore, while the Regulations are burden-relieving in nature, given the uncertainty of when an emergency situation may occur and subsequently the likelihood that businesses would benefit from these reductions over a 10-year period, CFIA is not claiming an administrative burden reduction for the purpose of meeting commitments created under the Red Tape Reduction Act.

Element B of the one-for-one rule (regulatory titles) does not apply, as the amendments do not introduce a new regulation or remove one.

Regulatory cooperation and alignment

Through the Canada-United States Regulatory Cooperation Council, CFIA and the United States Department of Agriculture Animal and Plant Health Inspection Service agreed to work on the joint policy on the emergency transit of regulated animals.

The United States Department of Agriculture has indicated that no changes are needed to the United States regulatory framework to implement the joint policy. These amendments will bring Canadian regulations into alignment with those of the United States resulting in a harmonized process for the transit of regulated animals in emergency situations.

The amendments allow for the joint policy to be fully implemented on both sides of the border and allow for regulatory alignment between the two countries. There will be no trade impacts as a result of the regulatory amendments.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

The nature of these amendments as an emergency measure for regulated animals does not provide for a full gender-based analysis plus (GBA+). The regulatory amendments would benefit owners of regulated animals (e.g. producers and pet owners) as it would facilitate the transit of regulated animals across Canadian and United States borders during an emergency situation, such as when routine transportation routes are obstructed without feasible alternatives. Emergency situations are rare and therefore, any impact of the amendments on various stakeholders could not be estimated. This is because impacts will depend on the frequency, or probability of an emergency situation occurring, as well as the location, type of emergency and the number and/or species affected by the emergency for which no data is available.

Rationale

CFIA is taking a proactive approach to be ready in the event of an emergency situation. It is important to have these Regulations in place before an emergency arises to facilitate animal movement, to preserve animal welfare and make trans-border movements to and from the United States easier and faster for industry and other stakeholders during emergency situations.

Implementation, compliance and enforcement

These Regulations come into force on the day on which they are registered.

Once the Regulations come into force, the joint policy will be signed and implemented by Canada and the United States. Operational guidance for field staff and a communication plan for industry have been developed to let them know that the joint policy exists and when it is applicable. The operational guidance and communication plan will be made available by the coming into force of the amendments.

In an emergency situation, it is anticipated that fewer activities will need to be performed by inspectors leading up to the issuance of a simplified export certificate. However, the associated fees for the applicable activities and export certificate will currently remain as per the Canadian Food Inspection Agency Fees Notice.

The possibility of non-compliance will be limited since CFIA will oversee the process in emergency situations. However, any suspicious case will be investigated as per regular CFIA protocol.

Contact

Pierre Lafortune
National Manager
International Affairs Branch
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario
K1A 0Y9
Canada
Telephone: 613‑773‑7465
Email: pierre.lafortune@canada.ca