Bill C-37 BC Animal Health Act

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.
So, who is deemed an inspector and who makes the regulations?  This smacks of Luietenant Governor in Council to me, aka Cabinet.  Bypassing the legislative process, as flawed as that has become. But that’s not all, oh no…  

General orders

41  Without limiting section 40 [power to do anything reasonably necessary], an inspector may order a person to do one or more of the following: (a) keep an animal, an animal product or byproduct, or a thing in a specified place; (b) prevent an animal, an animal product or byproduct, or a thing from (i) being transported to or from a place, (ii) being unloaded from a vehicle, or (iii) entering a specified place; (c) prevent persons or animals from being exposed to an animal, an animal product or byproduct, or a thing;
What thing?  How the fuck do you write laws about unspecified things?  Seriously, I never got past trade school but even I would not submit a Bill about unspecified things!  How the fuck does the Minister propose to enact such a Bill?   Sixth Estate trumped me on this story, high recommended…

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3 comments on this post.
  1. Sixth Estate:

    I have another post on this coming up tomorrow which will cover it, but just to preview coming attractions, the minister actually was asked about the definition of “thing” in the legislature on May 17.

    He explained that he didn’t know what it meant either but that his legal advisors told him it had to be there.

    This confession shortly after he preposterously told the NDP that “all species on the planet” would be considered animals under the new law.

  2. The Sixth Estate » New BC Draft Legislation Outlaws Phone Books, Pet Store Advertisements, and Media Coverage of Fish Farm Disease Outbreaks:

    [...] some appaling scientific illiteracy on the part of the minister, but in the meantime, check out Sister Sage’s Musings for a section of the law which bans various — and we both quote the law here — [...]

  3. Purple Library Guy:

    Huh. Think I wanna become an inspector. The possibilities in terms of smuggling are amazing (smuggling, you know, things).