Thank you very much.
We are pleased to be here to speak with you today as you continue your consideration of this private member's bill, Bill C-275, an act to amend the Health of Animals Act, with regard to biosecurity on farms.
The CFIA is a science-based regulatory agency and is dedicated to safeguarding animal health, plant health and food safety to enhance the health and well-being of Canadians, the environment and the economy. In this capacity, the CFIA administers and enforces a variety of legislation, including the Health of Animals Act, which Bill C-275 seeks to amend.
The primary objective of the Health of Animals Act is to protect animals and prevent the transmission of federally regulated animal diseases and toxic substances to both animals and humans. The CFIA employs highly skilled veterinarians, veterinary inspectors and other inspectors, who administer and enforce the Health of Animals Act. Under the act, CFIA inspectors have the authority to conduct inspections, seize and detain animals or things, investigate cases of non-compliance and recommend prosecution when it is appropriate to do so.
CFIA inspectors are not peace officers. They do not have the authority to detain persons who violate the Health of Animals Act.
The CFIA works with various stakeholders, including producers, to help protect animal health and prevent the spread of diseases, including through the development of animal biosecurity measures, which can be implemented by producers on their farms.
Animal biosecurity is an area of shared responsibility. It involves federal, provincial and territorial governments, as well as industry associations and producers.
The Health of Animals Act and its regulations contain biosecurity requirements for federally regulated diseases. Provinces and territories may also develop and enforce their own biosecurity requirements. Provinces and territories provide funding to producers to improve biosecurity measures and to support certain disease-control activities.
In addition, the CFIA, industry, academic institutions and provinces and territories have worked together to develop voluntary national biosecurity standards. These standards outline the practices and protocols for farmers to routinely implement in order to prevent animals from being exposed to disease at the farm level.
In Canada, most on-farm biosecurity standards are voluntary, and farmers are responsible for implementing biosecurity standards on their premises. While these standards are voluntary, several industry associations have integrated parts of them into their mandatory on-farm programs. This collaborative effort between industry associations and producers has promoted the use and adherence to on-farm biosecurity measures, and these measures, combined with other regulatory requirements, help to reduce the threat of disease spread and to maintain market access.
While the objectives of Bill C-275 are commendable, we would like to identify a few considerations regarding the current text of the bill.
The current wording poses legal risks. It does not account for existing provincial and territorial jurisdiction over property and civil rights. Almost every province has legislation to address trespassing, and five provinces have passed enhanced private property legislation to prohibit trespassing at locations where animals are kept.
At the federal level, the Criminal Code includes prohibitions related to trespassing, such as mischief and breaking and entering, and these provisions have been successfully used to convict individuals who have engaged in this type of activity. There is a risk the prohibition may not be a valid exercise of federal agricultural power, which is understood to be limited to agricultural operations that are inside the farm gate.
The bill also presents enforcement challenges. The Crown would have to prove beyond a reasonable doubt that the accused understood the risk of disease transmission as a result of entering the premise or that they acted recklessly to expose an animal to disease or toxic substances. Additionally, the police of local jurisdiction would need to respond to trespassing incidents, as CFIA officials are not peace officers.
We would encourage you to take these considerations into account as you continue your study of this bill.
Mr. Chair, I hope this provides a general overview of the CFIA's role in animal health and biosecurity as well as an overview of some of the challenges with the current text of the bill. We welcome any questions the committee may have.
Thank you.