The bill that would make it punishable to speak about disease in animals

As another salmon farm, this one near Sechelt Inlet is “quarantined” for reportedly the same virus as Dixon in Clayoquot, BC Minister Don McRae – the man who reports US and Asian Legislators wanted to close their borders to BC farm salmon as a result of the ISA virus positive tests in BC, tabled Bill 37 the Animal Health Act that will make it illegal and punishable to report on disease in animals.

Here is a response by Elizabeth Denham, Information and Privacy Commissioner for British Columbia Download MinisterMcRaeLetter_Bill37(3May2012) copy.pdf (105.5K)

Here are a few excerpts from this bill.

Division 1 — Collection, Use and Disclosure of Information
Protected information
16 Except as permitted under section 17 [duty to keep information confidential] or 18 [personal information], a person must refuse, despite the Freedom of Information and Protection of Privacy Act, to disclose the following:

(a) information that would identify the person responsible for an animal or an animal product or byproduct;
(b) information that would identify an animal or an animal product or byproduct that is located at or in a specific place or on or in a specific vehicle;
(c) information that would reveal that a notifiable or reportable disease is or may be present in a specific place or on or in a specific vehicle;
(d) information that would reveal that an animal or an animal product or byproduct affected by a notifiable or reportable disease is
(i) located at or in a specific place or on or in a specific vehicle, or
(ii) owned, or in the custody or control of, an identifiable person or body, or that an identifiable person or body is an operator in relation to the animal or the animal product or byproduct;
(e) information that is derived from a sample taken under this Act or that is submitted to the ministry of the minister or a laboratory identified in an order of the minister.
Duty to keep information confidential
17 (1) In this section, “person engaged in the administration of this Act” includes the following persons:

(a) each employee and former employee of the ministry of the minister;
(b) each inspector and former inspector;
(c) any person engaged or previously engaged in the administration of this Act;
(d) a person responsible for administering a laboratory identified for the purposes of section 16 (e) [protected information];
(e) each employee and former employee of a laboratory identified for the purposes of section 16 (e).
(2) A person engaged in the administration of this Act must keep confidential the information described in section 16 that comes to the person’s knowledge in the course of that person’s employment or duties, and must not communicate any of those matters except as follows:
(a) to administer this Act or another enactment or a program administered by the minister;
(b) to make a report that the person is required to make under this Act;
(c) to disclose, in accordance with the regulations, prescribed information contained in a traceability system;
(d) to disclose prescribed information in respect of an order made under this Act;
(e) to publish or disclose information that, in the opinion of the minister, must be published or disclosed in the public interest;
(f) without limiting paragraphs (a) to (e), with the consent of every person whose personal information will be disclosed.

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Power to do anything reasonably necessary
40 If the circumstances described in section 39 [when general orders may be made] apply, an inspector may order a person to do anything that the inspector reasonably believes is necessary for one or more of the following purposes:

(a) to determine the presence of a notifiable or reportable disease;
(b) to identify, prevent, control or eradicate a notifiable or reportable disease;
(c) to bring the person into compliance with the Act or a regulation made under it, or a term or condition of that person’s licence or permit.

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Offences
81 (1) A person who contravenes any of the following provisions commits an offence:

(a) section 5 (2) [fails to take preventive measures];
(b) section 6 (1) [fails to comply with veterinary advice];
(c) section 9 [fails to comply with disease control order];
(d) section 19 [fails to keep or produce records];
(e) section 20 (2), (3) or (4) [fails to make reports and records, take samples or do other required things];
(f) section 45 (3) [fails to comply with instructions];
(g) section 52 [fails to comply with order];
(h) section 53 [removes, defaces or alters a notice, mark or tag];
(i) section 63 (2) [fails to make a report in an emergency];
(j) section 76 (2) [takes an adverse action against a person].
(2) A person who contravenes any of the following provisions commits an offence:
(a) section 3 [causes disease or its transmission or spread, or interferes with disease prevention, control or eradication];
(b) section 4 (2) [fails to train or equip employees];
(c) section 7 [keeps or deals with affected animals];
(d) section 8 [slaughters, destroys or disposes of affected or harmful things];
(e) section 10 (2) or (3) [fails to comply with regulations or to train or equip employees];
(f) section 17 (2) [fails to keep information confidential];
(g) section 18 (3) [collects, uses or discloses personal information without authorization];
(h) section 22 (3) [fails to do a required thing in respect of a traceability system].
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Fines and incarceration
90 (1) In addition to a penalty imposed under section 88 [alternative penalties], a person who commits an offence listed in

(a) section 81 (1) [offences] is liable on conviction to a fine not exceeding $25 000 or to imprisonment for a term not exceeding 6 months, or to both, or
(b) section 81 (2) or (3) is liable on conviction to a fine not exceeding $75 000 or to imprisonment for a term not exceeding 2 years, or to both.