October 31, 2025 – As ordered by the Supreme Court of Canada, the CFIA continues to have custody of the birds while a decision on the farm's application for leave to appeal is being considered. The Supreme Court of Canada will be issuing its decision on Universal Ostrich Farms' application for leave to appeal on November 6, 2025.
The CFIA continues to provide feed, water and bedding with CFIA veterinary oversight. The CFIA is covering the cost of purchasing feed and hay from the preferred supplier of the farm. The CFIA is providing the same amount of feed daily that the owners reported using prior to the CFIA taking custody.
Preparations for the care of the ostriches during the winter season are being implemented by the CFIA based on the owners' description of past practices within the constraints created by the poor condition of the few facilities on the farm and the need for operational security to prevent obstruction by individuals visiting or staying at the farm.
CFIA's estimated number of birds on the farm remains unchanged and no flock information has been provided
The CFIA's previously published estimates of there being 300 to 330 birds on the farm remain unchanged. There have not been any bird deaths other than the one reported on since October 4, 2025. Additionally, no ostrich body parts, or liquified or mechanically ground up ostrich remains, have been removed from the farm or disposed of on the property.
The farm owners still have not responded to the Agency's requests for flock records or inventory information. The CFIA is unable to determine whether the difference between the current estimated number of birds on the farm and previous claims by the farm are the result of the flock being overreported or the number of deaths since December 2024 being underreported.
Universal Ostrich Farms' unsubstantiated scientific research claims
The owners of every avian influenza infected premises are interviewed by the CFIA to evaluate the risk of disease spread and determine whether a premises will be classified as poultry or non-poultry. Any premises that requests an exemption from the stamping out policy is also required to provide information about their operations to assess whether they will meet the exemption criteria.
No collected confidential business information, including scientific research data, is shared with other premises, corporations or outside individuals.
In the case of the ostrich farm, the CFIA has not received any evidence of research activities, or the development of testing applications developed by the owners or their companies.
For example,
- the CFIA has not received formal documentation of research involving this flock, such as active research trial logs or detailed research protocols
- no formal documentation of antibody production and collection from the flock has been provided
- the CFIA has not received any research to show the flock of ostriches currently under quarantine has a unique capacity to produce eggs with antibodies
In regard to the funding provided under the Innovative Solutions program and the component regarding field-ready lateral flow test for avian influenza, the deadline for proposal submissions was October 2023 and the ostrich farm first shared information about their operations and unsubstantiated research claims with the CFIA in January 2025.
The ostrich farm owners have never provided the CFIA with any information about their own research into the development of lateral flow testing using avian influenza antibodies, nor any information regarding preparing to launch a product of their own.
Reminder for individuals about obstruction of CFIA inspectors
The Canadian Food Inspection Agency (CFIA) has respected, and will continue to respect, all orders and decisions of the courts throughout the ostrich farm legal process.
The CFIA's warrants for the three ostrich farm properties, which were served on September 22, 2025, remain in effect. Pending the Supreme Court of Canada's decision, the CFIA is authorized to remain at the three specified properties for as long as necessary to complete the search, seizure and disposal of animals and things specified in the notice to dispose issued to the farm owners.
As the farm remains under CFIA control, individuals are reminded that subsection 35(1) of the Health of Animals Act makes it an offence to obstruct or hinder an analyst, inspector or officer who is performing duties or functions under this Act or the regulations. Any such actions may result in enforcement measures or prosecution.
Four individuals have been arrested under Section 35(1) after the CFIA began its current on-farm operations on September 22, 2025.
Also, Transport Canada has published a notice pursuant to Section 5.1 Aeronautics Act that the airspace above the ostrich farm location is restricted. The restriction includes Remotely Piloted Aircraft System (RPAS) (drones) and aircraft. Offences under the Aeronautics Act may result in administrative monetary penalties, fines or imprisonment.