C-35514470-71Elizabeth II – 1-2 Charles III2021-2022-2023-2024An Act to prohibit the export by air of horses for slaughter and to make related amendments to certain ActsProhibition of the Export of Horses by Air for Slaughter ActProhibition of the Export of Horses by Air for Slaughter Act20245

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SUMMARYThis enactment prohibits the export by air from Canada of live horses for the purpose of being slaughtered or fattened for slaughter.

PreambleWhereas, in Canada, a combination of robust federal and provincial laws ensures the humane treatment and handling of livestock and the protection of animal welfare;Whereas, despite the strengthening of the regulatory requirements related to the humane transportation of animals in 2020, the export of live horses by air from Canada continues to raise concerns, particularly in relation to the welfare of horses that are exported for the purpose of being slaughtered or fattened for slaughter;Whereas the export by air from Canada of horses for slaughter can involve long flights in cramped conditions;Whereas horses experience significant stress during such flights and are at risk of injury because of their tendency to panic easily and their strong fight-or-flight response to fear and stress;And whereas Parliament considers that it is desirable to address the risks related to the welfare of horses that are exported by air for slaughter;Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title

Short title1This Act may be cited as the Prohibition of the Export of Horses by Air for Slaughter Act.

Interpretation

Definition of Minister2In this Act, Minister means the Minister of Agriculture and Agri-Food.

His Majesty

Binding on His Majesty3This Act is binding on His Majesty in right of Canada or a province.

Prohibitions

Export of horse by air4It is prohibited for a person to export a horse from Canada by air unless they have, in the form and manner specified by the Minister, provided the Minister with a written declaration attesting that, to the best of their knowledge, the horse is not being exported for the purpose of being slaughtered or fattened for slaughter, or any other document that is satisfactory to the Minister, as well as with any other documentation that the Minister may require.

False or misleading information5It is prohibited for a person who submits a declaration under section 4 to provide false or misleading information or make a false or misleading statement in respect of the declaration or any matter related to the declaration.

Offence and punishment6A person who contravenes any provision of this Act is guilty of an offence and liable(a)on conviction on indictment, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years, or to both; or(b)on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both.

Due diligence7A person is not to be found guilty of an offence under this Act if they establish that they exercised all due diligence to prevent its commission.

Related Amendments1997, c. 6Canadian Food Inspection Agency Act

8Subsection 11(1) of the Canadian Food Inspection Agency Act is replaced by the following:

Administration and enforcement11(1)The Agency is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Breeders’ Rights Act, the Plant Protection Act, the Prohibition of the Export of Horses by Air for Slaughter Act, the Safe Food for Canadians Act and the Seeds Act.

2005, c. 38Canada Border Services Agency Act

9Paragraph 9(2)(b) of the Canada Border Services Agency Act is replaced by the following:(b)as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Prohibition of the Export of Horses by Air for Slaughter Act, the Safe Food for Canadians Act and the Seeds Act.

Coming into Force

18 months10This Act comes into force 18 months after the day on which it receives royal assent.