Prescribing a market disruption within the definition of “hazard” and updating appendices listing notifiable hazards in O. Reg. 277/12 (Reporting of Hazards and Findings) under the Animal Health Act, 2009.

Ontario recognizes the important relationship among animal health, human health, food safety and the economic well-being of the livestock and poultry sector. The Animal Health Act, 2009 (AHA) provides OMAFRA with important tools to detect and respond to findings of significant animal health hazards or animal-related threats to human health in Ontario. 

1.  Prescribe that a provincial surplus of livestock or poultry due to a border-related disruption to the market would be a “hazard”.
   
   OMAFRA is proposing a new regulation. If approved, the regulation would prescribe that, in addition to what is set out in the definition of “hazard” in section 2 of the AHA,  a “hazard” would also mean a surplus of livestock or poultry in the province that results from restrictions associated with the movement of livestock or poultry across interprovincial or international borders. As per section 2 of the AHA, the definition would also provide that, in the absence of management of the surplus, it must adversely affect or be likely to adversely affect the health of any animal or be likely to cause, directly or indirectly, significant harm to human health.
   
   This regulation, if approved, would permit the authorities in the AHA that allow for the prevention, detection and response to a “hazard” to be used, in appropriate circumstances and in accordance with the relevant sections in the AHA, to address a provincial surplus of livestock or poultry (due, for example, to a significant disruption that has occurred within a supply chain because of border-related measures).
   
   The potential application of the AHA in these circumstances would help position Ontario to be better prepared to respond to animal health related emergencies if they arise.
2. Updating the appendices listing notifiable hazards in O. Reg. 277/12
   
   Mandatory reporting requirements allow the Chief Veterinarian for Ontario (CVO) to gather information about emerging animal and public health hazards to assess their risks and to determine whether further technical guidance or regulatory action is needed. Updating the Appendices would reflect the current status of significant hazards and would provide government and industry with information in a timely manner, placing the province in a better position to safeguard animal health, human health and the food supply.
   
   All Immediately Notifiable Hazards are reported to the CVO by laboratories as soon as the operator of the laboratory has reason to believe that there is a reasonable probability that the hazard is present in any sample or specimen. In some cases, these hazards are reported by veterinarians. Periodically Notifiable Hazards are reported by laboratories to the CVO on an annual basis.
   
   Since O. Reg. 277/12 came into force on January 1, 2013, animal health risks in Ontario have evolved significantly. New hazards have emerged, including diseases such as porcine epidemic diarrhea virus, the prevalence of hazards has changed, industry awareness and interest has increased in certain hazards and other industries have expanded in Ontario (e.g., aquaculture).
   
   To allow the province to respond more quickly and effectively and to reduce the impact on animal and/or human health, OMAFRA is proposing to:

• Update the current Appendices by adding new hazards to the Appendices
• Move some hazards that are emerging as concerns from Appendix B (Periodically Notifiable) to Appendix A (Immediately Notifiable) and vice versa where the risk has lessened.

Analysis of Regulatory Impact

It is not expected that the proposed regulation with respect to the definition of “hazard” would result in any administrative costs for business. It is also anticipated that the proposed changes to O. Reg. 277/12 would likewise not increase costs for livestock or poultry producers. Animal health laboratories may see some minor costs to support information technology adjustments to update the database interface to include the flagging and reporting of the specific hazards that are to be added to the lists of notifiable hazards in O. Reg. 277/12 (i.e., a one-time cost).