Definition

1   In this regulation, "Act" means the Animal Health Act.

Recovery of costs

2   (1) In this section, "original order" means an order in relation to which work was done under section 54 [entering to take action] of the Act.

(2) If an inspector does work, or contracts for work to be done, under section 54 of the Act, the inspector may recover reasonable costs from the person who was subject to the original order by filing with the Supreme Court a certificate in the form set out as Form 1 of the Schedule.

(3) A certificate may be served personally on, or sent by registered mail to the last known address of, the person who was subject to the original order.

(4) If a certificate is sent by registered mail, the certificate is deemed to be served on the person to whom it is addressed on the 14th day after deposit with Canada Post, unless the person received actual service before that day.

(5) On receiving a certificate, the person who was subject to the original order may request the Supreme Court to review the amount owing by filing an application in accordance with the Supreme Court Civil Rules.

(6) A review must be a review of the reasonableness of the costs of the work done only and not a review of the reasonableness of the original order.

(7) A decision of the Supreme Court under this section is final and is not subject to appeal.

Service of orders

3   (1) Orders and notices of variations of orders may be served on the person who is subject to the order or notice as follows:

(a) personally;

(b) by registered mail sent to the person's last known address;

(c) by electronic mail sent to the person's last known electronic mail address;

(d) if the order is in respect of a place, by posting it at a conspicuous location on the place;

(e) if the order is in respect of a class of persons, by

(i) delivering it to each person in the class by one or more of the methods set out in paragraphs (a), (b) or (c),

(ii) if, in the opinion of an inspector, delivery to each person would be impractical in the circumstances or would be likely to cause a delay that could significantly increase the risk to the health of any animal or person, by both delivering the notice by any communications medium and posting the order at the location where the order is most likely to be brought to the attention of the members of the class, or

(iii) if, in the opinion of the inspector, delivery to each member of a class is not possible because some or all of the members of the class are not known or not identifiable, by posting the order on a website that is

(A) accessible to the public without charge, and

(B) maintained by or on behalf of the government.

(2) If an order or notice is sent by registered mail, the order or notice is deemed to be served on the person to whom it is addressed on the 14th day after deposit with Canada Post, unless the person received actual service before that day.

(3) Subject to subsection (4), if an order or notice is sent by electronic mail, the order or notice is not effectively served unless all of the following conditions are met:

(a) the person who is subject to the order or notice confirms that the order or notice was received;

(b) the confirmation is made

(i) both verbally and by electronic mail,

(ii) by fax, including the person's signature, or

(iii) in writing, including the person's signature;

(c) the confirmation is received by the person who served the order or notice, or a person acting on that person's behalf, no later than 96 hours after the electronic message was sent.

(4) The time limit set out in subsection (3) (c) does not apply if the person who is subject to the order or notice confirms, in writing and including the person's signature, after the expiry of the 96 hour period that the order or notice

(a) was received by the person, and

(b) is effectively served.

(5) If an order is posted on a website in accordance with subsection (1) (e) (iii), the order is deemed to be served on the day after the date the order was posted.

[am. B.C. Regs. 76/2022, s. 4; 109/2022.]

Reassessment of orders

4   (1) A person may request reassessment of an order under section 47 [variation and reassessment of orders] of the Act only if the person is subject to an order made under section 41 (a) to (c), (e) or (g) to (k) [general orders] of the Act.

(2) A request for reassessment must be made in writing to the inspector who issued the order, or to another inspector designated by the chief veterinarian if the issuing inspector is unable to act or has ceased to be inspector, stating the reasons why the order should be reassessed.

(3) Within 72 hours of receiving a request for reassessment, an inspector must consider whether the order is, or conditions within the order are, no longer necessary

(a) to safeguard animal health, or

(b) to safeguard public health in relation to environmental toxins, infestations, syndromes or diseases that are or may be transmissible from animals to humans.

(4) On reassessment, an inspector must take into account any comments made

(a) by a person specified in the order under section 41 (d), (e) or (f) of the Act, and

(b) respecting the clinical condition of the animal with respect to which the order was made, by a veterinarian having the supervision or care of that animal.

(5) A second request for reassessment may be made in accordance with subsection (2) not earlier than 7 days following the first request.

(6) A third or subsequent request for reassessment may be made in accordance with subsection (2) not earlier than 14 days following the most recent request.

Applications to court

5   (1) An application to court for a warrant under section 56 of the Act may be made

(a) by submitting information on oath in the form set out as Form 2 of the Schedule, and

(b) in person, or if the inspector making the application believes it would be impracticable to appear in person, by telephone or other means of telecommunication.

(2) A warrant may be issued in the form set out as

(a) Form 3 of the Schedule, if the application was made in person, or

(b) Form 4 of the Schedule, if the application was made by telephone or other means of telecommunication.

(3) An application to court for an injunction under section 57 of the Act may be made by filing an application in accordance with the Supreme Court Civil Rules.