Animal Pedigree Act (R.S.C., 1985, c. 8 (4th Supp.))

Act current to 2016-01-25 and last amended on 2004-12-15. Previous Versions

Marginal note:Unlawful use of names

 No person shall, without lawful authority, use the name of the Corporation or the name of any association or any name so clearly resembling the name of the Corporation or the name of an association in a manner that is likely to deceive the public.

Marginal note:Offence and punishment
  •  (1) Any person who contravenes any provision of this Act or the regulations

    • (a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding twenty-five thousand dollars; or

    • (b) is guilty of an indictable offence and liable to a fine not exceeding fifty thousand dollars.

  • Marginal note:Value to be considered

    (2) In determining the fine in relation to an offence under any of sections 63 to 65, the judge making the determination shall take into account the value, or purported value, of the animal, semen or embryo to which the offence relates.

Marginal note:Time for complaint

 The provisions of the Criminal Code prescribing a time limit for making a complaint or laying an information in respect of offences punishable on summary conviction do not apply to proceedings in respect of an offence under this Act.

Existing Associations

Marginal note:Application
  •  (1) The provisions of this Act apply to every association to which the Livestock Pedigree Act applied immediately before the coming into force of this Act.

  • Marginal note:Deemed articles of association

    (2) The application filed with the Department of Agriculture of every association referred to in subsection (1) is deemed to constitute the association’s articles of incorporation for the purposes of this Act.

Marginal note:Deemed authority

 Subject to sections 70 to 73, every association referred to in section 68 is deemed to be authorized to register or identify animals of the distinct breeds referred to in its articles of incorporation.

Marginal note:Examination of existing associations

 Forthwith after the coming into force of this Act the Minister shall examine the articles of incorporation of every association referred to in section 68 in order to determine whether each such association may properly continue in existence by reason of sections 3 to 5.

Marginal note:Situation of animal not covered by Act
  •  (1) Where, in the course of the examination referred to in section 70, the Minister determines that the animals referred to in an association’s articles of incorporation are not of a distinct breed or of an evolving breed, the Minister shall, by order, direct the association to cease issuing certificates of registration in respect of those animals.

  • Marginal note:Order of dissolution

    (2) Where the articles of incorporation of an association that is the subject of an order under subsection (1) refer only to the animals referred to in the order, the Minister shall, by order, direct the association to be dissolved in accordance with regulations made pursuant to paragraph 57(b).

Marginal note:Situation of animal not of distinct breed
  •  (1) Where, in the course of the examination referred to in section 70, the Minister determines that the animals referred to in an association’s articles of incorporation are not of a distinct breed but are of an evolving breed, the Minister shall, by order, direct the association to cease issuing certificates of registration in respect of those animals.

  • Marginal note:Notification

    (2) Where the Minister issues an order under subsection (1), the Minister shall forthwith cause the association that is the subject of the order to be notified by registered mail that the Minister intends to dissolve the association unless the association files, within 60 days after the date of the mailing of the notice, articles of amendment to transform the association into an association incorporated in respect of the evolving breed.

Marginal note:Situation of more than one association
  •  (1) Where, in the course of the examination referred to in section 70, the Minister determines that the articles of incorporation of more than one association refer to the same distinct breed, the Minister, taking into account the purposes of this Act and any other consideration the Minister deems appropriate, shall, by order, designate one of the associations as the association authorized to register the animals of the breed and direct the other association, or associations, as the case may be, to cease issuing certificates of registration in respect of animals of that breed.

  • Marginal note:Order of dissolution

    (2) Where the articles of incorporation of an association that is the subject of an order under subsection (1) directing it to cease issuing certificates of registration in respect of animals of a distinct breed refer only to that distinct breed, the Minister shall by order direct that the association be dissolved in accordance with regulations made pursuant to paragraph 57(b).

Marginal note:Publication of names

 As soon as practical after the examination referred to in section 70 the Minister shall cause to be published in the Canada Gazette the name of every association referred to in section 68 that, in the opinion of the Minister, may properly continue in existence and the name of each distinct breed and evolving breed in respect of which each such association is authorized to register and identify animals.

Transitional

Marginal note:By-laws
  •  (1) The by-laws of an association referred to in section 68 that are in force immediately before the coming into force of this Act remain in force until repealed but the provisions of this Act dealing with the amendment or repeal of by-laws apply thereto.

  • Marginal note:Validity of certificates of registration

    (2) Nothing in subsection 29(3) affects the validity of any certificate of registration issued by an association referred to in section 68 before the coming into force of this Act.

  • Marginal note:Status of existing purebreds not affected

    (3) Nothing in subsection 30(2) affects the status of any animal registered as purebred by an association referred to in section 68 before the coming into force of this Act.

 
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