Definitions

1  In this Act:

"animal" means animals, other than human beings, designated by regulation;

"disease" means any

(a) infectious or contagious disease,

(b) ectoparasite or endoparasite,

(c) metabolic disease, or

(d) other communicable disease,

designated by regulation;

"licence" means a licence issued under this Act;

"minister" includes a person designated in writing by the minister;

"veterinary laboratory" means a facility or class of facility, on which or in which diseases are diagnosed, designated by regulation.

 Licensing

2  (1)  A person must not operate, directly or indirectly, a veterinary laboratory unless the person is a registered veterinarian under the Veterinarians Act and holds a valid licence issued to the person in respect of that veterinary laboratory.

(2)  An application for a licence must be in the form and manner prescribed by the minister, and must be accompanied by the information and fee prescribed by the minister.

(3)  A licence may be issued subject to the terms and conditions, including the duration of the validity of the licence, the minister specifies.

 Refusal to issue and suspension of licence

3  (1)  The minister may refuse to issue a licence if, in the minister's opinion,

(a) the application does not comply with this Act and the regulations, or

(b) the applicant is not complying with, or is not likely to comply with, this Act and the regulations.

(2)  The minister may at any time suspend a licence for a period of time the minister considers appropriate if the minister believes the licensee is not complying with this Act, the regulations or the terms and conditions on which the licence was issued.

 Duties of licensee

4  (1)  A licensee is responsible for ensuring that this Act and the regulations are complied with in respect of the veterinary laboratory for which the licence is issued.

(2)  A licensee must keep adequate records for the purposes of this Act and the regulations.

(3)  If the minister believes that the records are inadequate for those purposes, the minister may specify the records to be kept by licensees generally, or by a specified licensee or class of licensees.

 Inspectors

5  (1)  Under the Public Service Act, the minister may appoint inspectors the minister considers necessary for enforcing this Act and the regulations.

(2)  At any time during normal working hours, an inspector may

(a) enter a veterinary laboratory for any purpose relating to the administration and enforcement of this Act or the regulations, and

(b) inspect and examine any property, including records and other documents, that relate to this Act or the regulations.

(3)  If an inspector enters a veterinary laboratory or inspects and examines property under subsection (2), the inspector may require the licensee, occupier or person in charge of the veterinary laboratory

(a) to give the inspector all reasonable assistance in connection with the inspector's entry, inspection or examination,

(b) to answer all proper questions relating to the inspection or examination, and

(c) for those purposes, to attend at the veterinary laboratory with the inspector.

(4)  If, during an inspection or examination under subsection (3), it appears to the inspector that an offence under this Act has been or is being committed, the inspector may seize and take away any property, including records and other documents, and retain them until their production in any court proceeding is required.

 Offence and penalty

6  (1)  A person who contravenes this Act or the regulations or a term or condition of a licence commits an offence and is liable on conviction to a fine of not more than $500.

(2)  If a corporation commits an offence under this Act, any officer, director, employee or agent of the corporation who directed, authorized or willingly assented to, acquiesced in or participated in the offence is, whether or not the corporation is prosecuted for the offence, a party to and guilty of the offence.

(3)  Subsection (2) does not affect the liability of the corporation for the same offence.

 Power to make regulations

7  (1)  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing or designating anything that is to be prescribed or designated by the Lieutenant Governor in Council under this Act;

(b) prescribing standards of construction for, and the facilities, equipment and procedures used in, different classes of veterinary laboratories;

(c) prescribing the duties and responsibilities of a licensee and the licensee's employees;

(d) prescribing the time limitations within which a licensee must report different classes of diseases to the minister, and prescribing the information that must be contained in a report;

(e) prescribing the procedures and methods to be followed and used in diagnosing animals and diseases;

(f) prescribing the training, experience and other qualifications required for persons who operate a veterinary laboratory, for licensees and for their employees.

 Ministerial orders

8  The minister may, by regulation, prescribe and, by order, designate, approve or appoint anything that is authorized to be prescribed, designated, approved or appointed by the minister under this Act.