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"The problem with all animal law is the weakness of enforcement = the disaster that is the OSPCA
(as of Jan 2019) is just one recent example. The best hope for animals are civil actions, both with
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and individuals to sue on behalf of animals, without any outdated ownership requirement."
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Table of Contents

CASE LAW
EXTRACTS

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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