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Order of the Minister of Agriculture, Food and Rural Affairs made pursuant to advice of the Chief Veterinarian for Ontario, under section 24 of the Animal Health Act, 2009

Effective Date:

September 23, 2022

End Date:

October 22, 2022

Area in Ontario designated as Animal Health Control Area ("AHCA"):

The Entire Province of Ontario

Hazard Description:

Disease - highly pathogenic avian influenza - subtype [H5N1] ("HPAI")

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 establishment of an Animal Health Control Area in the whole of Ontario effective immediately. 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 September and October 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.

Original signed by:

Lisa Thompson
Minister of Agriculture, Food and Rural Affairs

Signed this 23rd day of September 2022