British Columbia Gazette Part II — B.C. Reg. 295/2021

B.C. Reg. 295/2021

British Columbia — Gazette

British Columbia Gazette Part II — B.C. Reg. 295/2021

B.C. Reg. 295/2021

British Columbia — Gazette

Copyright © Queen's Printer,

Victoria, British Columbia, Canada

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Volume 64, No. 23

295/2021

The British Columbia Gazette,

Part II

November 30, 2021

B.C. Reg. 295/2021 , deposited November 26, 2021, under the ANIMAL HEALTH ACT [sections 93 (1), 95, 100 (3) and (6) and 101 (7)] and the OFFENCE ACT [section 132]. Order in Council 639/2021, approved and ordered November 26, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) the Fur Farm Regulation, B.C. Reg. 8/2015, is amended as set out in the attached

Schedule 1,

(

b) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached

Schedule 2,

(

c) effective April 1, 2023, the Fur Farm Regulation, B.C. Reg. 8/2015, is amended as set out in the attached

Schedule 3,

(

d) effective April 1, 2023, the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached

Schedule 4,

(

e) effective April 1, 2025, the Fur Farm Regulation, B.C. Reg. 8/2015, is amended as set out in the attached

Schedule 5, and

(

f) effective April 1, 2025, the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached

Schedule 6.

— D. EBY, Attorney General and Minister Responsible for Housing ; L. POPHAM, Minister of Agriculture, Food and Fisheries ; G. HEYMAN, Presiding Member of the Executive Council .

Schedule 1

1 The Fur Farm Regulation, B.C. Reg. 8/2015, is amended by adding the following sections:

Licence to farm mink

4.1

(1) The chief veterinarian must not issue a new licence or renew a licence permitting mink to be kept on a fur farm

(

a) on which no mink have been kept previously, or

(

b) in the circumstances described in

section 3 (2), except as authorized under subsection (3) of this section.

(2) If the chief veterinarian renews a licence permitting mink to be kept on a fur farm, the maximum number of mink that may be kept under the licence is the lesser of the following:

(

a) the maximum number imposed under

section 4 (1) (b);

(

b) the number of breeding mink stock reported as being kept under the order made under the Public Health Act by the provincial health officer on July 26, 2021 and entitled "MINK FARMS – July 26, 2021";

(

c) the number reported, on the application for the licence, as the number of mink being kept at the time the application was made

(3) For the purposes of subsection (1) (b), the chief veterinarian may, on renewing a licence permitting mink to be kept on a fur farm, permit the licensed fur farmer to enlarge or make significant changes to structures on the fur farm if

(

a) the chief veterinarian receives, with the renewal application,

(

i) relevant construction plans,

(ii) the statement referred to in

section 3 (3) (d), and

(iii) any other information the chief veterinarian requires, and

(

b) the chief veterinarian is satisfied that the enlargement or changes are not being made for the purpose of accommodating a number of mink greater than the maximum number permitted under subsection (2).

SARS-CoV-2 is notifiable and reportable disease

8.1 SARS-CoV-2 is prescribed, for the purposes of the Act,

(

a) as a notifiable disease in respect of fur bearing animals other than mink, and

(

b) as a reportable disease in respect of mink.

Section 11 is renumbered as

section 11 (1) and is amended by adding the following subsection:

(2) Records made under this Part are prescribed for the purposes of

section 19 of the Act.

3 The following

Part is added:

Part 3.1 – Health of Mink

Definitions

11.1

(1) In this Part:

"mink-related work" means any activity

(

a) that involves handling or coming into contact with live mink, mink food, mink waste, mink carcasses or mink byproducts, or

(

b) performed within 2 metres of a live mink;

"photo identification" means one of the following:

(

a) a photo BC Services Card within the meaning of the Identification Card Regulation;

(

b) a driver's licence that is issued by a government of a province of Canada and includes a photograph of the holder;

(

c) a passport attesting to citizenship or other national status that is issued by a government of any jurisdiction and includes a photograph of the holder;

(

d) another form of identification that is issued by a government of any jurisdiction, includes a photograph of the holder and is satisfactory to the chief veterinarian;

"proof of vaccination" means

(

a) in the case of a person who is more than 18 years of age, photo identification and a vaccine card;

(

b) in the case of a person who is 18 years of age or younger, a vaccine card;

"vaccinated" means to have received, at least 7 days previously, all doses of a vaccine or a combination of vaccines as recommended by

(

a) the provincial health officer, with respect to vaccines approved for use in Canada by the department of the federal government responsible for regulating drugs, or

(

b) the World Health Organization, with respect to vaccines approved by the World Health Organization but not approved for use in Canada;

"vaccine" means a vaccine intended for use in humans against SARS-CoV-2;

"vaccine card" means proof in one of the following forms that the holder is vaccinated:

(

a) electronic proof or a printed copy of an electronic proof,

(

i) issued by the government in the form of a QR code, accessible through the Health Gateway online platform, and

(ii) showing the name of the holder;

(

b) proof in writing, issued by the government for the purpose of showing proof of vaccination in accordance with orders of the provincial health officer made under the Public Health Act ;

(

c) proof, whether electronic or in writing, issued

(ii) for the purpose of showing proof of vaccination in accordance with an order made in the exercise of a statutory power with respect to the protection of public health or the facilitation of international travel.

Part 3 still applies

11.2 Nothing in this Part affects the application of

Part 3 to a fur farm on which mink are kept or dealt with.

Vaccination required for mink-related work

11.3

(1) A person must not engage in mink-related work on a fur farm unless the person is vaccinated.

(2) A licensed fur farmer must ensure that a person does not engage in mink-related work on the fur farm unless the licensed fur farmer, or a person responsible for managing the day-to-day operations of the fur farm, confirms that the person is vaccinated by reviewing the person's proof of vaccination.

(3) Despite subsections (1) and (2), a person who is engaged in mink-related work on the fur farm on or before January 1, 2022, is not required to be vaccinated until that date.

Confirmation of compliance

11.4

(1) A licensed fur farmer must make a vaccination status record in accordance with subsection (2) with respect to each person who engages in mink-related work on the fur farm.

(2) A vaccination status record must include all of the following:

(

a) the person's full legal name;

(

b) the date on which the person began to engage in mink-related work;

(

c) the date on which the person is confirmed to be vaccinated.

(3) On or before April 30, 2022, a licensed fur farmer must give to the chief veterinarian a copy of the vaccination status record.

(4) For the purposes of determining compliance with

section 11.3, an inspector may do one or more of the following:

(

a) require the licensed fur farmer to produce a copy of the vaccination status record;

(

b) require a person found to be engaging in mink-related work on the fur farm to produce the person's proof of vaccination for review by the inspector;

(

c) disclose to the chief veterinarian

(

i) the names of persons found to be engaging in mink-related work on the fur farm, and

(ii) the results of reviews performed under paragraph (

b) with respect to those persons.

Personal protective equipment for mink-related work

11.5

(1) A person must not engage in mink-related work on a fur farm unless the person is wearing both

(

a) eye protection in the form of goggles, and

(

b) a mask intended for medical purposes that

(

i) covers the user's nose and mouth, and

(ii) provides a physical barrier to fluids and particulate materials.

(2) A licensed fur farmer must ensure that a person does not engage in mink-related work on the fur farm unless the person is wearing both eye protection and a mask in accordance with subsection (1).

Further breeding and acquisition prohibited

11.6

(1) A licensed fur farmer must not do any of the following:

(

a) breed mink kept on the fur farm;

(

b) allow mink kept on the fur farm to breed;

(

c) bring new mink to the fur farm.

(2) A licensed fur farmer must immediately slaughter any kits born on the fur farm.

Records made under this

Part

11.7

(1) A licensed fur farmer must ensure that all records made under this Part are kept together with the licensed fur farmer's health management plan

(

a) in the form and manner required by the chief veterinarian, and

(

b) for a period of at least 10 years.

(2) Records made under this Part are prescribed for the purposes of

section 19 of the Act.

Section 19 is amended by adding the following paragraphs:

(b.1)

section 4.1 (2) [keeping more mink than permitted] ;

(h.1)

section 11.3 (1) or (2) [mink-related work without vaccination] ;

(h.2)

section 11.5 (1) or (2) [mink-related work without required equipment] ;

(h.3)

section 11.6 [breeding or acquiring mink] ; .

Schedule 2

Schedule 1 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended in Column 2 of Item 9B by repealing paragraph (a.1) and substituting the following:

(a.1) Animal Health Act and regulations made under the Animal Health Act .

Schedule 2 is amended under the heading " Animal Health Act " by adding the following as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

section 81 (1) (

d) Fail to keep or produce records

$350

$53

$403

section 81 (1) (

e) Fail to make reports and records, take samples or do other required things

$350

$53

$403

Fur Farm Regulation, B.C. Reg. 8/2015

section 2 (2)

Unlawful engagement in fur farming

$500

$75

$575

section 4.1

(2) Keep more mink than permitted

$500

$75

$575

section 11.3

(1) Engage in mink-related work without vaccination

$300

$45

$345

section 11.3

(2) Fail to confirm vaccination of person engaging in mink-related work

$300

$45

$345

section 11.5

(1) Engage in mink-related work without required equipment

$300

$45

$345

section 11.5

(2) Fail to ensure use of required equipment by person engaging in mink-related work

$300

$45

$345

section 11.6 (1) (

a) Breed mink

$500

$75

$575

section 11.6 (1) (

b) Allow mink to breed

$500

$75

$575

section 11.6 (1) (

c) Bring new mink to fur farm

$500

$75

$575

section 11.6

(2) Fail to slaughter kits born on fur farm

$500

$75

$575

Schedule 3

Section 1 of the Fur Farm Regulation, B.C. Reg. 8/2015, is amended

(

a) by adding the following

definitions:

"fur farm licence" means a licence to operate a fur farm;

"licence" means a fur farm licence or a mink pelt licence; ,

(

b) by repealing the definition of "licensed fur farmer" and substituting the following:

"licensed fur farmer" means a person who holds a fur farm licence; , and

(

c) by adding the following

definitions:

"mink pelt" means a pelt that

(

a) is produced from a mink that was farmed in British Columbia under the authority of a fur farm licence, and

(

b) is kept or dealt with by the person who held the fur farm licence under which the mink from which the pelt was produced was farmed;

"mink pelt licence" means a licence to keep and deal with mink pelts; .

Section 2 is amended

(

a) in subsection (2) by striking out " fur farming " and substituting " fur farming of fur bearing animals other than mink ", and

(

b) by adding the following subsection:

(2.1) A person must not engage in fur farming of mink, except that mink pelts may be kept and dealt with in accordance with

section 2.1.

3 The following

section is added:

Mink pelts

2.1 A person must not keep or deal with mink pelts unless the person

(

a) is licensed to keep and deal with mink pelts, or

(

b) is an employee, within the meaning of

section 10 of the Act, of a person who is licensed to keep and deal with mink pelts.

4 Sections 3 and 4 are amended by striking out " licence " wherever it appears and substituting " fur farm licence ".

Section 4.1 is repealed and the following substituted:

No licence to farm mink except for mink pelt licence

4.1 The chief veterinarian must not issue a new licence or renew a fur farm licence permitting fur farming of mink, except to permit keeping and dealing with mink pelts under a mink pelt licence.

How to apply for mink pelt licence

4.2

(1) For the purposes of

section 11 (1) of the Act, an applicant for a mink pelt licence, including an applicant to renew a licence, must include with the application a fee of $12.

(2) In addition to any other information required by the chief veterinarian, an applicant for a mink pelt licence must include with the application a statement of the number of mink pelts held by the applicant at the time of making the application.

Issuance of mink pelt licence

4.3

(1) The chief veterinarian must not issue a mink pelt licence except to a person who produced the mink pelt under a fur farm licence issued under

section 4 or 4.1.

(2) If the chief veterinarian issues a mink pelt licence, the maximum number of mink pelts that may be kept under the licence is the lesser of the following:

(

a) the maximum number stated on the licence;

(

b) the number of mink pelts stated on the application under

section 4.2 (2).

Section 6 is amended

(

a) in subsection (1) by striking out " fur farm licence " and substituting " licence ", and

(

b) in subsection (2) by striking out " licence " wherever it appears and substituting " fur farm licence ".

Section 11 is amended by adding " and

Part 3.1, as it read immediately before its repeal, " after " this Part " wherever it appears.

Part 3.1 is repealed.

Section 19 is amended

(

a) by adding the following paragraphs:

(a.1)

section 2 (2.1) [engaging in fur farming of mink] ;

(a.2)

section 2.1 [keeping or dealing with mink pelts without licence] ; ,

(

b) by repealing paragraph (b.1) and substituting the following:

(b.1)

section 4.3 (2) [keeping more mink pelts than permitted] ; , and

(

c) by repealing paragraphs (h.1), (h.2) and (h.3).

Schedule 4

Schedule 2 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended under the heading " Fur Farm Regulation, B.C. Reg. 8/2015 "

(

a) by striking out the items under it, and

(

b) by adding the following as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

Fur Farm Regulation, B.C. Reg. 8/2015

section 2 (2)

Unlawful engagement in fur farming

$500

$75

$575

section 2 (2.1)

Engage in fur farming of mink

$500

$75

$575

section 2.1

Keep or deal with mink pelts without licence

$500

$75

$575

section 4.3

(2) Keep more mink pelts than permitted

$500

$75

$575

Schedule 5

Section 1 of the Fur Farm Regulation, B.C. Reg. 8/2015, is amended by repealing the

definitions of "licence" and "mink pelt licence" .

Section 2 (2.1) is repealed and the following substituted:

(2.1) A person must not engage in fur farming of mink, including keeping or dealing with mink pelts.

3 Sections 2.1, 4.1, 4.2 and 4.3 are repealed.

4 Sections 5 and 6 (1) are amended by striking out " licence " wherever it appears and substituting " fur farm licence ".

Section 19 (b.1) is repealed.

Schedule 6

Schedule 2 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended under the heading " Fur Farm Regulation, B.C. Reg. 8/2015 "

(

a) by striking out the items under it, and

(

b) by adding the following as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

Fur Farm Regulation, B.C. Reg. 8/2015

section 2 (2)

Unlawful engagement in fur farming

$500

$75

$575

section 2 (2.1)

Engage in fur farming of mink

$500

$75

$575

Copyright © 2022: Queen's Printer, Victoria, British Columbia, Canada

Document details

CollectionBritish Columbia — Gazette
CitationB.C. Reg. 295/2021
Typegazette
Volume / chapterbcgaz2 v64n23 295 2021
Languageen
Formatxml
SourcePROVINCIAL
Identifierb2bad2f478ced2ef3424f97b02dc75e784d11b64

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