Universal Ostrich farm penalized for failing to report avian flu

The Universal Ostrich Farm has been fined $10,000 by a federal tribunal for failing to immediately report signs of avian flu in its ostriches.

The ruling relates to a December 2024 outbreak on the farm that was later confirmed by the Canadian Food Inspection Agency (CFIA) and ultimately led to the cull of the farm’s flock of nearly 400 birds.

In a decision released Dec. 11, 2025, the Canadian Agricultural Review Tribunal ruled against the farm’s owners for failing to notify the CFIA of the outbreak, concluding the farm breached a section of the Animal Health Act.

The tribunal found the farm was required to notify a CFIA veterinary inspector as soon as it became aware of “any fact indicating the presence” of a reportable disease.

The CFIA became aware of the potential outbreak Dec. 28 after receiving an anonymous call to its “sick bird line” alleging the ostriches may have avian flu.

That same day, a CFIA veterinarian contacted the farm, and two days later staff collected samples from two recently dead birds.

On Dec. 31, test results confirmed the birds were positive for the virus, which the ruling noted is a reportable disease under federal regulations.

Universal Ostrich Farm argued it did not believe the illness was avian influenza and attempted to contact a private veterinarian, but tribunal chair Emily Crocco rejected that argument, writing that the law does not require certainty or diagnosis.

“The phrase ‘indicating its presence’ suggests that the facts to be reported are those which indicate, rather than prove, the existence of a reportable disease,” the decision states.

The tribunal found the birds were also exhibiting symptoms that matched signs of avian flu over several weeks in December 2024, including lethargy, depression, watery eyes and higher death rates in younger birds.

“The ostriches had the following symptoms: White nodules at the back of their mouths, coughing up white chunks, dull eyes, depression/lethargy, cold-like symptoms, and a gradual progression over days, not hours,” wrote tribunal chair Emily Crocco.

“As summarized above, the Applicant’s birds had at least one fact which indicated the presence of AI (Avian Influenza), a reportable disease.”

The tribunal also found that calling private veterinarians does not meet the legal requirement, which is to notify a CFIA veterinary inspector immediately.

While the tribunal reduced the gravity score slightly after finding the violation was negligent rather than intentional, the total gravity remained high enough that the penalty remained at $10,000.

It also found the failure to report could have caused “serious or widespread harm to human, animal or plant health or the environment,” citing known risks of H5 avian influenza transmission.


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Storrm Lennie
Storrm Lennie
Storrm began her journalism career in the Kootenays, joining Vista Radio in 2022. Originally from Red Deer, Alta., she now calls Nelson home and brings her passion for politics and community to her reporting.

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