241_2015 — Laboratory Fees Regulation

s. 1 — Interpretation

s. 1(1)

In this regulation:

s. 1(1) — analyses

analyses includes taking samples and conducting tests and visual examinations;

s. 1(1) — chief veterinarian

chief veterinarian means the chief veterinarian under the Animal Health Act;

s. 1(1) — designated animal

designated animal means an animal designated under section 3 [designated animals] as either a production animal or a public interest animal;

s. 1(1) — laboratory report

laboratory report means a report issued by a provincial laboratory stating the results of services performed with respect to a submission;

s. 1(1) — non-designated animal

non-designated animal means an animal that is not a designated animal;

s. 1(1) — provincial laboratory

provincial laboratory means a laboratory designated as a provincial laboratory

s. 1(1)(a)

for the purposes of section 9 of the Ministry of Agriculture and Food Act, or

s. 1(1)(b)

under section 4 [provincial laboratory under Animal Health Act] of this regulation;

s. 1(1) — submission

submission means

s. 1(1)(a)

a single sample submitted to a provincial laboratory for analyses and testing, or

s. 1(1)(b)

a group of samples submitted to a provincial laboratory for analyses and testing if

s. 1(1)(b)(i)

the samples are taken from no more than 3 animals, 8 birds or 5 fish,

s. 1(1)(b)(ii)

the animals, birds or fish, in opinion of the chief veterinarian, show similar clinical signs of disease or, in the case of analyses or tests done for the purposes of the Animal Health Act, have been exposed to the same notifiable or reportable disease, and

s. 1(1)(b)(iii)

the provincial laboratory provides only one laboratory report in respect of all of the samples in the group.

s. 1(2)

An animal is in critical distress for the purposes of the Schedule if, in the opinion of the chief veterinarian, the animal is in critical distress as that term is defined in section 12 (1) of the Prevention of Cruelty to Animals Act.

s. 2 — Application

Fees may be charged under this regulation in respect of submissions received by a provincial laboratory on or after January 1, 2016.

s. 3 — Designated animals

s. 3(1)

An animal is designated as a production animal for the purposes of this regulation if the chief veterinarian is satisfied that the animal is

s. 3(1)(a)

kept or dealt with primarily for the purpose of producing animal products or byproducts within the meaning of the Animal Health Act, and

s. 3(1)(b)

is

s. 3(1)(b)(i)

an alpaca, cattle, a goat, a llama, sheep or swine;

s. 3(1)(b)(ii)

a fur bearing animal as defined in the Fur Farm Regulation;

s. 3(1)(b)(iii)

game as defined in the Game Farm Regulation;

s. 3(1)(b)(iv)

a rabbit, but only if kept or dealt with to produce meat for human consumption or fur;

s. 3(1)(b)(v)

poultry, but only if kept or dealt with

s. 3(1)(b)(v)(A)

for breeding,

s. 3(1)(b)(v)(B)

to produce an animal product,

s. 3(1)(b)(v)(C)

to produce eggs to be used to produce poultry that will be kept or dealt with for a purpose described in clause (A) or (B);

s. 3(1)(b)(vi)

a fish raised in a containment system, if the raising of the fish is regulated by the Provincial or federal government.

s. 3(2)

An animal is designated as a public interest animal for the purposes of this regulation if the chief veterinarian is satisfied that the animal is one of the following:

s. 3(2)(a)

an animal within the meaning of the Animal Health Act that is used for public display or educational purposes at a facility accredited by

s. 3(2)(a)(i)

Canada's Accredited Zoos and Aquariums - Aquariums et Zoos Accr dit s du Canada, or

s. 3(2)(a)(ii)

the Association of Zoos and Aquariums (United States of America);

s. 3(2)(b)

a wild animal, bird or fish if a submission is made in respect of the animal, bird or fish by a public official acting under an enactment of Canada;

s. 3(2)(c)

an animal within the meaning of the Animal Health Act if a submission is made in respect of the animal by a person authorized to act on behalf of

s. 3(2)(c)(i)

the British Columbia Society for the Prevention of Cruelty to Animals,

s. 3(2)(c)(ii)

an institution or a university within the meaning of the College and Institute Act, or

s. 3(2)(c)(iii)

an organization that the chief veterinarian is satisfied is a non-profit organization.

s. 4 — Provincial laboratory under Animal Health Act

The Animal Health Centre, located in Abbotsford, British Columbia and funded by the ministry of the minister, is designated as a provincial laboratory for the purposes of the Animal Health Act.

s. 5 — Fees that may be charged

Subject to section 6 [when fees must not be charged for laboratory services], a provincial laboratory may charge the fees set out in the Schedule in respect of services performed or laboratory reports provided under the Animal Health Act or the Ministry of Agriculture and Food Act.

s. 6 — When fees must not be charged for laboratory services

s. 6(1)

A provincial laboratory must not charge a fee in respect of services performed or laboratory reports provided for the purpose of determining the presence, identity, nature, effects or spread of any of the following:

s. 6(1)(a)

rabies;

s. 6(1)(b)

a reportable or notifiable disease, if the submission was provided under section 3 (2) (b) of the Reportable and Notifiable Disease Regulation;

s. 6(1)(c)

a reportable or notifiable disease, if the analyses or testing is to comply with an order made under section 21 of the Animal Health Act.

s. 6(2)

A provincial laboratory must not charge a fee in respect of services performed or laboratory reports provided in relation to an animal health program conducted by

s. 6(2)(a)

the ministry of the minister under section 67 (2) (c), 94 (1) (h) or 95 (1) (b) of the Animal Health Act, or

s. 6(2)(b)

an operator under section 95 (1) (b) of the Animal Health Act.

s. 6(3)

A provincial laboratory must not charge a fee in respect of services performed or laboratory reports provided in relation to a submission provided on request of the provincial laboratory.

s. 6(4)

A provincial laboratory must not charge a fee in respect of euthanasia services performed for the purpose of a post-mortem examination of a designated animal that

s. 6(4)(a)

is a fish, amphibian or bird, and

s. 6(4)(b)

weighs less than 3 kg.

Schedule

Schedule Fees

s. 1 — Calculation of fees

s. 1(1)

The fees set out in this Schedule apply in respect of each submission.

s. 1(2)

If a submission is received from a location in British Columbia, the fee is the amount set out in column 2, opposite the service set out in column 1, of each of the tables in this Schedule.

s. 1(3)

If a submission or part of a submission is received from a location outside British Columbia, the fee is the amount referred to in subsection (2), plus 50% of that amount.

s. 2 — Post-mortem services

For the performance of a service described in column 1 of the following table, a provincial laboratory may charge the fee set out in column 2 opposite that service:

s. 3 — Services in relation to analyses and testing

For the performance of a service described in column 1 of the following table, a provincial laboratory may charge the fee set out in column 2 opposite that service:

s. 4 — Electron microscopy services

For the performance of a service described in column 1 of the following table, a provincial laboratory may charge the fee set out in column 2 opposite that service:

s. 5 — Sample transmission services

s. 5(1)

If a provincial laboratory sends, on its own initiative, one or more samples from a submission to another laboratory for non-routine analyses and testing, the provincial laboratory may charge the person who submitted the samples $12 for each package of samples sent.

s. 5(2)

If a person requests a provincial laboratory to send one or more samples from a submission to another laboratory located in an area described in column 1 of the following table, the provincial laboratory may charge the person, for each package of samples sent, the fee set out in column 2 opposite that area: