The Canada Agricultural Review Tribunal has overturned a $10,000 fine imposed on Universal Ostrich Farms in British Columbia by the Canadian Food Inspection Agency (CFIA) for allegedly failing to quarantine its birds from February 6 to 26, 2025.
Avian Flu Detection and Quarantine Order
Highly pathogenic avian influenza struck the farm’s flock of about 300 birds in December 2024, resulting in the deaths of several dozen. The CFIA issued an initial quarantine notice via email on December 31, 2024, followed by a final amended notice emailed on February 6, 2025, and delivered in person on February 26, 2025.
Tribunal’s Key Findings
The tribunal ruled that the CFIA failed to properly deliver the final amended notice in person as required by regulations, invalidating the fine. “The CFIA has not met their burden to prove that either Universal waived their right to personal delivery or that the circumstances justify an exception to personal delivery requirement,” the tribunal stated.
The agency argued that emailing the notice to the farm’s lawyer satisfied the rules, but the tribunal disagreed. It found no evidence of exceptional risks, such as severe weather beyond normal winter conditions, preventing personal delivery during the alleged violation period.
Regulations require in-person delivery to allow inspectors to gauge the disease threat’s severity and ensure farm owners comprehend it. This enables actions like seizing animals or adding controls to curb disease spread. “Email service defeats these purposes entirely,” the tribunal noted.
Broader Context of the Ostrich Cull
This decision marks another chapter in ongoing legal battles surrounding Universal Ostrich Farms in Edgewood, B.C. The CFIA culled the entire flock in November 2025 after avian flu detection, despite protests and backing from U.S. figures including Robert F. Kennedy Jr. and Dr. Mehmet Oz. The cull incurred approximately $7 million in taxpayer costs, with $3.8 million allocated to RCMP expenses.
Note that this overturned fine differs from a separate $10,000 penalty upheld last December for the farm’s failure to report avian influenza symptoms in late 2024.
