EDgewood, British Columbia, Feb. 12, 2025 — A British Columbia ostrich farm has won a reprieve from a $10,000 fine after a tribunal found the Canadian Food Inspection Agency (CFIA) didn’t properly deliver a crucial quarantine notice, reigniting debate over the agency’s handling of a devastating avian flu outbreak.
Tribunal Overturns Fine in Ostrich Quarantine Dispute
The Canada Agricultural Review Tribunal ruled the CFIA failed to meet regulations for personal delivery of a quarantine order to Universal Ostrich Farms.
- The CFIA ordered Universal Ostrich Farms to quarantine its roughly 300 birds after avian influenza was detected in December 2024.
- The agency fined the farm $10,000 for allegedly failing to comply with the quarantine between Feb. 6 and Feb. 26, 2025.
- The tribunal overturned the fine, finding the CFIA didn’t properly deliver the final quarantine notice in person as required.
- This decision is the latest in a series of legal challenges surrounding the farm and the controversial culling of its birds.
The dispute centers on the CFIA’s attempt to control a highly pathogenic avian influenza outbreak that swept through Universal Ostrich Farms, resulting in the deaths of several dozen birds. The agency issued an initial quarantine notice via email on Dec. 31, 2024, followed by an amended notice on Feb. 6, 2025. A physical copy of the amended notice was eventually delivered on Feb. 26, 2025.
However, the tribunal determined the CFIA hadn’t fulfilled its obligation to deliver the final amended quarantine notice in person, as stipulated by regulations. “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 wrote in its Feb. 6 decision.
A Contentious Culling
This ruling is just the latest development in a saga that drew international attention. Despite efforts from protesters and support from figures like Robert F. Kennedy Jr. and Dr. Mehmet Oz, the CFIA ultimately ordered the culling of the ostrich population in November 2025. Marksmen carried out the cull at the farm in Edgewood, B.C.
The tribunal’s decision highlights the importance of adhering to proper procedure, even in emergency situations. The agency had argued that emailing the final notice to Universal Ostrich’s lawyer on Feb. 6 was sufficient. However, the tribunal countered that the CFIA hadn’t demonstrated exceptional circumstances that would justify bypassing the requirement for in-person delivery.
“There is no evidence that during the period when Universal is alleged to have contravened the quarantine notice, anything other than normal winter conditions existed to explain the delay in personal service,” the tribunal found. The regulations, the tribunal explained, require physical delivery to allow staff to assess the severity of the disease threat and ensure farm owners understand the risks.
The Canadian Food Inspection Agency (CFIA) confirmed Friday that it had culled the ostrich population on a farm in Edgewood, B.C. The cull was ordered after avian flu was detected in the flock last December and killed 70 of the birds.
The $10,000 fine overturned by the tribunal is separate from another penalty upheld last December, in which the farm was fined for failing to notify the CFIA about avian influenza symptoms observed in its birds at the end of 2024. A parliamentary request in late January revealed the entire culling operation cost taxpayers approximately $7 million, including $3.8 million in RCMP expenses.
What does this ruling mean for future CFIA actions? The tribunal’s decision underscores the importance of strict adherence to regulatory procedures, even when dealing with urgent public health concerns like avian influenza outbreaks.
