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Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

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Wild Animal Law of Canada

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Public Health Act (NB)

(current to 01 June 2016)
Note Re Application of the Public Health Act ('PHA')
This law bears on the wildlife issues of:
  • HUMAN HEALTH
  • EXTERMINATION

The full current text of this legislation (including regulations) may be viewed at the New Brunswick statute website.

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The Public Health Act (NB) ('PHA') is only concerned with animals insofar as they are potential (zoonotic) vectors of communicable disease and infections, and thus potential health hazards ["a substance, thing or plant or animal other than man ... that has or is likely to have an adverse effect on the health of a person"] to people of New Brunswick [PHA 1]. 'Communicable diseases' are listed in Sched A of the General Regulations ['G Regs'].

That said, as a practical matter the PHA's animal-related provisions apply predominantly with respect to domestic (read 'food') animals, particularly the operation of abbatoirs [PHA 18,19; Abbattoir Regs] [PHA 17] and milk processing [PHA 17].

There is conceivable wild animal application in the PHA respecting diseases that occur within wildlife populations, particularly rabies, which is a 'reportable disease' [G Regs 3, Sched A].

Regardless, the PHA adopts the basic techniques of most public health statutes, including the creation of a 'duty to report' health hazards to the medical officer of health or a public health inspector. Additionally health authorities have powers of entry and inspection, may order the quarantine and/or destruction of animals, may engage in direct preventative action where other efforts are ineffectual [PHA 4,6-8,43], and may prosecute PHA offences under it's general offence provision [PHA 52].
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