Tribunal Affirms $10,000 Penalty for B.C. Ostrich Farm’s Avian Flu Violations

The Canada Agricultural Review Tribunal has upheld a fine of $10,000 against Universal Ostrich Farms for failing to promptly report an avian flu outbreak on its premises. This ruling comes in the wake of an incident that began in late 2024, when the farm, located in Edgewood, British Columbia, experienced an outbreak of the H5N1 strain of avian influenza, leading to the death of 69 birds.

According to the Canadian Food Inspection Agency (CFIA), the farm did not notify the nearest veterinary inspector for nearly three weeks after symptoms appeared. The CFIA became aware of the outbreak following an anonymous report made to a hotline for sick birds on December 28, 2024.

Avian influenza is classified as a reportable disease due to the significant risk it poses to both animal and human health. The public’s concern grew as Universal Ostrich Farms became a focal point of media attention during 2025, particularly as the owners, Dave Bilinski and Karen Espersen, sought to overturn an order to cull their remaining flock of approximately 300 ostriches.

Despite extensive legal battles and multiple appeals, the culling proceeded in November 2025. Professional marksmen executed the cull, which the CFIA described as the most humane option available.

The tribunal’s decision, announced on December 11, 2025, highlighted the failure of Universal Ostrich Farms to act quickly. The review panel noted that attempts to contact the farm’s legal representatives before the hearing went unanswered. Emily Crocco, the tribunal’s decision-maker, emphasized that Bilinski’s observations of the birds’ condition should have prompted immediate reporting. Symptoms included lethargy, watery eyes, and isolation from the rest of the flock.

While young ostriches exhibit more noticeable symptoms of avian flu, adult birds may remain asymptomatic. A veterinarian consulted shortly after the outbreak reported that Bilinski observed signs in younger birds, which were experiencing higher mortality rates. Bilinski attributed these symptoms to a past infection known as “pseudomonas,” dismissing the possibility of avian flu.

Crocco criticized this reasoning, asserting that the symptoms described were characteristic of avian influenza. She pointed out that the Health of Animals Act mandates immediate reporting to a qualified veterinary inspector, a requirement that was not met. The tribunal found that the delay in contacting authorities risked “serious or widespread harm” to animal and human health.

The tribunal affirmed the fine, stating it was appropriately calculated for a “very serious violation.” Crocco stated, “Instead, the first call was made in the third week of December, weeks after the birds became sick.” The ruling underscores the importance of compliance with health regulations, particularly in the context of infectious diseases that can affect both agriculture and public health.

The incident at Universal Ostrich Farms serves as a significant reminder of the responsibilities that farm operators hold in monitoring and reporting animal health issues. The repercussions of neglecting such duties can have extensive implications for local ecosystems and public safety, particularly when dealing with zoonotic diseases like avian influenza.