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"The problem with all animal law is the weakness of enforcement = the disaster that is the OSPCA
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existing law and pressing for the establishment of new torts. Standing law should be broadened to allow groups
and individuals to sue on behalf of animals, without any outdated ownership requirement."
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--> Wild Animals Law (Canada) Legal Guide
Table of Contents

CASE LAW
EXTRACTS

Wild Animal Law of Canada

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Animal Diseases Act (Manitoba)

(current to 01 September 2016)

Note Re Application of the Animal Diseases Act ('ADA')

Strictly speaking, the ADA applies to all non-human animals [ADA 1] without distinction between wild and domestic, however as a practical matter it is primarily directed at cross-transmission of disease between livestock. What limited application it has to wildlife is only to wildlife in captivity, as it is made plain by several of it's provisions that the animal must be either owned or in human custody [eg. the disease-reporting duties applies an "owner, breeder, dealer in, or person having custody" of an animal: ADA 2(1)].

This law bears on the wildlife issues of:
  • EXTERMINATION
  • FACILITIES
  • SALE

The full current text of the Animal Diseases Act and it's Regulations may be viewed at the Manitoba statute website.

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Table of Contents
1. General
2. Civil Liability
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1. General

General ADA provisions that may have application to wildlife (necessarily, those in captivity) include:
  • mandatory duties of reporting suspected or known occurence of disease in animals (whether dead or alive) lie up any "owner, breeder, dealer in, or person having custody of any animal", and on veterinarians [ADA 2];

  • animals suspected or known to be diseased or exposed to disease may be subject of Orders requiring quarantine, testing, treatment and/or destruction [ADA 3,4];

  • the Director may Order that one or more kinds of animals be subject to 'cease movement Orders' to prevent the outbreak and spread of disease [ADA 3.2];

  • even if known not to be diseased, where "the director is satisfied that the probable net sale value of the animals at a later date is less than the expected cost of their care in the interim" the Director may order destruction of animals in the following circumstances [ADA 4(4)]:

    • the animals are or may be abandoned by their owner, or

    • market conditions or other factors make it likely that (1) the animals' owner will be unable to meet the obligations respecting their custody and maintenance imposed by The Animal Care Act (see that module) or any other statute, or (2) make keeping the animals alive an undue hardship on the owner, or otherwise impractical.

  • animals in a "market, fair, or other open or public place" which are "being sold, disposed of, or exposed or offered for sale, disposal, display, or show in the market, fair or place" and which are suspected of being diseased may be seized by the person in charge of the facility or place, or by a peace officer, and delivered to a veterinarian or ADA inspector [ADA 5];

  • animals having or suspected of having infectious or contagious diseases may be subject of inspector Orders restricting them to designated places [ADA 7];

  • owners and operators of 'animal premises' (which includes farms and other facilities such as zoos or circuses), are under duties imposed in the Animal Premises Identification Regulation to provide the Director with specified information respecting details of their operations and animals held.

2. Civil Liability

"(T)he Director, any person acting for or under the direction of the director or any other person engaged in the administration of this Act" are immune from civil liability for "any act done in good faith, or any neglect or default, in the performance or intended performance of a responsibility or in the exercise or intended exercise of a power or discretion under this Act" [ADA 18.3].


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