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Livestock Health Services Regulations

made under Section 16 of the

Livestock Health Services Act

S.N.S. 2001, c. 8

O.I.C. 98-216 (May 19, 1998), N.S. Reg. 36/98

as amended up to O.I.C. 2012-5 (January 10, 2012), N.S. Reg. 6/2012


Citation

1     These regulations may be cited as the Livestock Health Services Regulations.


Definitions

2     In these regulations

 

                (a)    “agreement” means an agreement made between the Minister and the Veterinary Association, as described in Section 3;

 

                (b)    “Department” means the Department of Agriculture;

[Note: the reference to the Department of Agriculture and Marketing has been updated in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376, effective February 24, 2006.]

 

                (c)    “eligible livestock owner” means a farm business that is currently registered under the Farm Registration Act and that

 

                         (i)     owns livestock as defined in clause 2(f) of the Act that are used for farming purposes, or

Subclause 2(c)(vi) renumbered (i) and amended: O.I.C. 2012-5, N.S. Reg. 6/2012.

 

                         (ii)    owns game animals as defined in clause 2(i) of the Game Farming Regulations made pursuant to the Wildlife Act;

Clause 2(c) replaced: O.I.C. 2000-385, N.S. Reg. 134/2000.

 

                (d)    “enrolled practice centre” means a veterinary practice that has applied to and been accepted by the Veterinary Association, and is enrolled by the Department to participate in the provision of livestock health services to eligible livestock owners;

 

                (e)    “enrolled veterinarian” means a veterinarian, licensed by the Veterinary Association, who is a member of an enrolled practice centre;

 

                (f)    “LHSB” means the livestock health services board for a municipality or region within the Province of Nova Scotia;*

[*Note: the livestock health services boards were dissolved by Section 17 of the new Act.]

 

                (g)     “outside regular hours” means Saturdays, Sundays, statutory holidays, and any time between the hours of 4:30 pm and 8:00 am;

 

                (h)    “regular hours” means any time that is not outside regular hours;

 

                (i)     “Veterinary Association” means the Nova Scotia Veterinary Medical Association.


Livestock health services agreement

3     (1)    The Minister may enter into an agreement with the Veterinary Association to provide for the delivery of livestock health services to eligible livestock owners.

 

       (2)    The agreement shall specify the requirements and procedures pertaining to the following:

 

                (a)    participation of enrolled practice centres in providing livestock health services under the Act;

 

                (b)    the designation of practice zones;

 

                (c)    regular hours of veterinary service;

 

                (d)    forms for the making of claims by enrolled practice centres;

 

                (e)    enrollment and resignation procedures;

 

                (f)    preventative veterinary medicine and food safety programs; and

 

                (g)    audit procedures.

 

       (3)    The agreement shall continue in force from year to year without renewal until it is revised or terminated by the parties.

 

       (4)    The agreement may be terminated by either party by providing 6 months notice in writing to the other party at any time.

 

       (5)    Despite any provision in the agreement, any enrolled practice centre may provide livestock health services to any eligible livestock owner in the Province and make claims for those services to the LHSB that is responsible for the zone where the animals are kept, and in such cases, that practice centre may claim for services based on the distance of the eligible livestock owner’s premises from the nearest enrolled practice centre.


Termination of previous agreements

4     Every agreement between a LHSB and a veterinarian or veterinary practice shall terminate 30 days after the agreement comes into force.


Claims for fees - general

5     (1)    The Minister, through a LHSB and in accordance with conditions of the agreement shall pay to an enrolled practice centre the following fees for services under the agreement:

 

                (a)    a basic call fee assistance of $5.00 per service event for farm service or in clinic service to eligible livestock owners, regardless of when the service is rendered, effective April 1, 2001; and

Clause 5(1)(a) replaced: O.I.C. 2001-420, N.S. Reg. 111/2001.

 

                (b)    distance and travel time assistance for regular hours, payable as follows:

 

                         (i)     the travel time assistance rate of $1.21 per km, plus the current maximum distance rate provided for under the regulations respecting car kilometrage rates and monthly allowances made pursuant to the Civil Service Act, up to a limit of 48 000 km each year,

Subclause 5(1)(b)(i) amended: O.I.C. 2012-5, N.S. Reg. 6/2012.

 

                         (ii)    in each year, after 48 000 km, an enrolled veterinarian will be reimbursed at the travel time assistance rate of $0.61 per km, plus the current maximum distance rate provided for under the regulations respecting car kilometrage rates and monthly allowances made pursuant to the Civil Service Act,

Subclause 5(1)(b)(ii) amended: O.I.C. 2012-5, N.S. Reg. 6/2012.

 

but claims may only be made if the eligible livestock owner is charged the applicable amount indicated in subsection 8(1).

 

       (2)    In addition to the rates stated in clause (1)(b), an enrolled veterinarian will be reimbursed travel time assistance for a distance travelled outside regular hours at a rate of

Subsection 5(2) amended: O.I.C. 2001-420, N.S. Reg. 111/2001.

 

                (a)    $0.61 per km, up to a limit of 48 000 km per year; or

Clause 5(2)(a) amended: O.I.C. 2012-5, N.S. Reg. 6/2012.

 

                (b)    $0.305 per km, over 48 000 km per year.

Clause 5(2)(b) amended: O.I.C. 2012-5, N.S. Reg. 6/2012.

 

       (3)    All claims for payment are subject to verification either by the secretary of the LHSB, the Provincial Veterinarian, or another person appointed by the Minister.

 

6     If an eligible livestock owner cancels a call while an enrolled veterinarian is en route, the enrolled veterinarian shall record the attempt to attend to the eligible livestock owner's request, indicating that the call was cancelled en route by the eligible livestock owner, and may claim distance and travel time assistance for the portion of the call completed.

 

7     Distance and travel time assistance claims shall be limited to the lesser of the actual distance travelled to provide livestock health services and the round trip distance from the enrolled veterinarian’s practice centre, and in all cases, the most direct practical route of travel shall be used to determine the distance claimed.


Billing of fees - general

8     (1)    Eligible livestock owners shall pay to the attending enrolled practice centre a basic call fee for each service event specified under the agreement as follows:

 

                (a)    farm visit to the premises of an eligible livestock owner

 

                         (i)     during regular hours                                                                     $20.00

 

                         (ii)    outside regular hours                                                                    $32.00

 

                (b)    in-clinic service at an enrolled practice centre

 

                         (i)     during regular hours                                                                      $ 6.00

 

                         (ii)    outside regular hours                                                                    $15.00

 

       (2)    Hourly rates and fees for specialized procedures, such as surgery or embryo transfer, shall be set by each individual enrolled veterinarian.


Island calls

9     (1)    When an enrolled practice centre is required to render service to livestock kept on an island within the enrolled practice centre’s practice zone, the enrolled practice centre may claim the following assistance:

 

                (a)    the appropriate assistance as specified in subsections 5(1) and 5(2) for the distance travelled to arrive at the boat’s departure point;

 

                (b)    $82.00 per hour for the veterinarian’s total transport time on the water; and

Clause 9(1)(b) amended: O.I.C. 2012-5, N.S. Reg. 6/2012.

 

                (c)    the basic call fee assistance as specified in clause 5(1)(a) for each island premises visited,

Clause 9(1)(c) amended: O.I.C. 1998-680, N.S. Reg. 104/98.

 

and the claim for the assistance must be signed by the person in charge of the boat to confirm the time claimed and the number of island premises visited.

 

       (2)    The enrolled practice centre is entitled to bill the eligible livestock owner a basic call fee, as set out in clause 8(1)(a), for each island premises visited.

Subsection 9(3) renumbered 9(2): O.I.C. 1998-680, N.S. Reg. 104/98.

 

       (3)    All other costs associated with the transport of the enrolled veterinarian to make an island call shall be paid by the eligible livestock owner.

Subsection 9(4) renumbered 9(3): O.I.C. 1998-680, N.S. Reg. 104/98.


Out of practice zone calls for emergencies

10   (1)    When there is no available enrolled veterinarian in a practice zone, or if an eligible livestock owner’s premises are not in a practice zone, any enrolled practice centre, subject to Section 13, may respond to a request for emergency veterinary service from an eligible livestock owner, and claim the appropriate fees for services in accordance with Section 5.

 

       (2)    Despite Section 7, an enrolled practice centre responding to a request for veterinary service under subsection (1) shall be eligible to claim distance and travel time assistance for the distance from the nearest available enrolled practice centre to the eligible livestock owner’s premises.


Out of practice zone calls for consultation

11   (1)    When an enrolled veterinarian needs to consult with an enrolled veterinarian from another enrolled practice centre, the enrolled veterinarian contacted may respond to the request, and claim the appropriate fees for services in accordance with clause 5(1)(a).

 

       (2)    An enrolled practice centre responding to a request under subsection (1) shall be eligible to claim distance and travel time assistance for the actual distance travelled from the responding veterinarian's enrolled practice centre to the eligible livestock owner’s premises.

 

       (3)    The travel time assistance rate that an enrolled practice centre providing out of zone consultation may claim is the rate specified in clause 5(1)(b) for regular hour calls.


Out of practice zone calls for herd and flock health

12   (1)    Subject to the approval of the Provincial Veterinarian, a LHSB may make arrangements, on an out of practice zone call basis, with an enrolled practice centre with particular experience in herd or flock health medicine, to provide a consultative farm service to eligible livestock owners enrolled in such programs, providing that they reside in an area under the jurisdiction of the LHSB.

 

       (2)    The consulting practice centre referred to in subsection (1) is eligible to claim

 

                (a)     the basic call fee assistance as specified in clause 5(1)(a); and

 

                (b)    distance and travel time assistance at the rates specified in clause 5(1)(b) for the distance actually travelled from the enrolled practice centre of the consulting veterinarian.


Approval for out of practice zone calls

13   (1)    Subject to subsection (2), services rendered under Sections 11 and 12 must be approved in advance by the appropriate LHSB secretary, or the Provincial Veterinarian.

 

       (2)    Where an emergency out of practice zone livestock health service has been rendered and advance approval under subsection (1) is not possible, an enrolled practice centre shall contact the appropriate LHSB secretary or the Provincial Veterinarian as soon as convenient after making the out of practice zone call.

 

       (3)    In all instances, where an out of practice zone livestock health service is rendered, the basic call fees charged to the eligible livestock owner are to be those fees listed in subsection 8(1).

 

       (4)    Other than for the reasons mentioned in subsection 3(5) and Sections 10, 11 and 12, no distance, travel time or basic call fee assistance will be paid to an enrolled practice centre for livestock health service rendered outside of the enrolled practice centre's practice zone.


Meat Inspection Program

14   A veterinary inspector appointed under the Meat Inspection Act who responds to a call to an abattoir is eligible to claim the basic call fee and distance and travel time assistance specified in Section 5.


Cattle Herd Health Program

15   For services rendered under the Cattle Herd Health Program

 

                (a)    an enrolled practice centre may claim distance and travel time assistance as specified in clause 5(1)(b), a basic call fee of $10.00 for each service event, plus $17.00 per hour, for each program visit made to an enrolled herd; and

 

                (b)    an enrolled cattle owner shall pay a basic call fee of $10.00 for each service event, plus a minimum of $57.00 per hour to the enrolled practice centre, for each visit made under the Cattle Herd Health Program to the owner’s premises.


Swine Herd Health Program

16   For services rendered under the Swine Herd Health Program

 

                (a)    an enrolled practice centre may claim distance and travel time assistance as specified in clause 5(1)(b), a basic call fee of $20.00 for each service event, plus $19.00 per hour for up to 1.5 hours of the veterinarian’s time, for each program visit made to an enrolled herd; and

 

                (b)    an enrolled swine herd owner shall pay a minimum of $55.00 per hour to the enrolled practice centre for each visit made under the Swine Herd Health Program to the owner’s premises.


General

17   A LHSB may allow an enrolled practice centre in its area to

 

                (a)    refuse to provide livestock health services to any eligible livestock owner

 

                         (i)     who owes to the enrolled practice centre part or all the fees charged to the eligible livestock owner by the enrolled practice centre for livestock health services rendered; or

 

                         (ii)    whose livestock are kept outside the practice zones to which the LHSB relates, or

 

                         (iii)   for any reason justifiable to the LHSB, provided that the LHSB, in such circumstances, makes such payments as may be necessary in accordance with livestock health services policy to provide adequate alternative livestock health services to that eligible livestock owner;

 

                (b)    determine which veterinary medical cases require emergency or non-emergency livestock health services.


Audits

18   (1)    The Department may conduct audits and investigate the financial records of an enrolled practice centre that pertain to the Livestock Health Services Program, and other programs covered by these regulations.

 

       (2)    Any audit conducted pursuant to subsection (1) must be conducted by an internal auditor employed by the Department.

 

       (3)    The audit procedure, and the procedures for addressing any deficiencies and irregularities uncovered as a result of the audit process, are to be defined in the agreement.


Local livestock health services boards

19   Every LHSB shall keep in a safe place

 

                (a)    records of meetings of the LHSB;

 

                (b)    a record of monies received and disbursed;

 

                (c)    a copy of the agreement; and

 

                (d)    correspondence of the LHSB.

 

20   Every LHSB shall cause an audit of its financial records to be conducted annually and shall report any irregularities revealed by the audit to the Minister.

 

21   The duties of every LHSB shall be to

 

                (a)    meet at the call of the board secretary at least once each calendar year;

 

                (b)    hold such special meetings as may be called by the Livestock Health Services Advisory Body;

 

                (c)    receive from each enrolled practice centre a summary annual report of livestock health in the practice zones to which the LHSB relates;

 

                (d)    receive monthly claims for compensation related to livestock health services rendered by each enrolled practice centre to eligible livestock owners in the practice zones to which the LHSB relates;

 

                (e)    receive from eligible livestock owners or enrolled practice centres written communications regarding the provision of livestock health services to the practice zones to which the LHSB relates;

 

                (f)    endorse programs for controlling or eradicating animal disease in the practice zones to which the LHSB relates;

 

                (g)    endeavour to find solutions to complaints by eligible livestock owners and by enrolled practice centres regarding the provision of livestock health services;

 

                (h)    promote goodwill between eligible livestock owners and enrolled veterinarians;

 

                (i)     submit an annual report to the local Federation(s) of Agriculture and to the Minister, which shall include a copy of its current financial statement and, if available, a report from each enrolled practice centre in the practice zones to which the LHSB relates; and

 

                (j)     perform such other duties as are assigned by the Governor in Council.


Additional veterinary services

22   (1)    An enrolled practice centre, upon the request of the Minister, may provide

 

                (a)    veterinary services pursuant to the Animal Health and Protection Act, and in such cases shall

 

                         (i)     be reimbursed for these services on the same basis as for the provision of health care services to any eligible livestock owner, and

 

                         (ii)    have all the powers of an inspector appointed pursuant to the Animal Health and Protection Act; and

 

                (b)    additional veterinary services, and in such cases shall be reimbursed for those services on the same basis as for the provision of health care services to any eligible livestock owner.

 

       (2)    For any veterinary inspection services assigned to an enrolled practice centre by the Minister, the practice centre may claim a basic call fee of $20.00, plus $74.00 per hour.