The Regulations Amending the Compensation for Destroyed Animals Regulations (SOR/2024-224) addresses issues identified during the 2022–2024 outbreak of Highly Pathogenic Avian Influenza (HPAI) in Canada. The amendments were made under section 55 of the Health of Animals Act (HAA) and aim to improve the compensation framework for animal owners whose animals or property are ordered destroyed due to disease risks.

The HAA grants the Minister of Agriculture and Agri-Food authority to order the destruction of an animal or item that poses a disease risk and to provide compensation for its value. The CDAR outlines the parameters for such compensation, primarily aiming to encourage early disease reporting and cooperation among owners. It is essential to note that compensation under CDAR is not intended as economic recovery or support, which is covered by other federal and provincial programs.

The latest HPAI outbreak highlighted several deficiencies in the CDAR. One major issue was that compensation was not available for the personal labor of owners who performed destruction tasks themselves, despite them being eligible for costs related to hired services or employee wages. This gap proved significant when owners in remote areas faced delays waiting for commercial service availability, thereby hindering timely disease response. The amendments now allow compensation for owners’ personal labor when they complete destruction orders, supporting more effective and faster responses in rural areas.

Another issue was the inconsistency in compensation for disposal costs. While compensation for disposing of animals was allowed, the CDAR did not permit compensation for the disposal of non-animal items, such as feed, crates, or equipment, even though these could be destroyed if deemed necessary. The new regulations authorize compensation for the disposal of specific items ordered destroyed, ensuring alignment with animal disposal compensation. It is important to note that compensation will only be provided for destruction costs, not for cleaning and disinfecting orders.

The amendments also address outdated compensation amounts for bison, which had remained unchanged since 2007. A comprehensive economic analysis revealed that bison market values had significantly increased. As a result, maximum compensation amounts were updated, raising the limit for bison bulls (1 year and older) from $4,000 to $10,000 and for other bison from $2,500 to $6,000.

These updates aim to improve the compensation system’s consistency and fairness, reinforcing the overall goal of promoting disease reporting and cooperation among animal owners. This helps manage the spread of disease, safeguarding public health, animal welfare, and economic stability in Canada’s agricultural sector.

Canada (SOR/2024-224) December 4, 2024