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

Act current to 2017-06-05 and last amended on 2004-12-15. Previous Versions

Marginal note:When by-law has effect
  •  (1) No by-law of an association and no amendment or repeal of any by-law of an association has any effect until it is approved by the Minister.

  • Marginal note:Application for approval

    (2) An application to the Minister for approval of a by-law or an amendment or repeal of a by-law must be accompanied by three copies of the proposed by-law, amendment or repeal.

  • Marginal note:Minister may require evidence

    (3) Where the making, amendment or repeal of any by-law of an association is, by reason of another by-law of the association, subject to any formality or requirement, the Minister may, before approving any by-law or any amendment or repeal of a by-law, require evidence by affidavit or statutory declaration that the formality or requirement in relation thereto has been complied with.

  • Marginal note:Certificate of by-law approval

    (4) Where the Minister approves a by-law or an amendment or repeal of a by-law, the Minister shall issue a certificate of by-law approval, or a certificate of by-law repeal, as the case may be, in respect thereof.

Marginal note:Effect of by-laws

 The by-laws of an association bind every member of the association.

Marginal note:Member’s right to inspect by-laws

 The by-laws of an association shall, at all reasonable times, be made available to the members of the association for the purposes of inspection and making copies thereof.

Marginal note:No fine or penalty
  •  (1) No by-law of an association may impose any fine or monetary penalty of any kind and no fine or monetary penalty of any kind may be imposed by an association in respect of any non-compliance with its by-laws.

  • Marginal note:Fees not fines

    (2) For the purposes of subsection (1), a fee referred to in paragraph 15(1)(q) is not a fine or a monetary penalty.

Amendment of Articles of Incorporation

Marginal note:Amendment of articles of incorporation
  •  (1) An association that desires to amend its articles of incorporation for one or more of the following purposes, namely,

    • (a) to change the association’s name,

    • (b) to add the name of a distinct breed or evolving breed in respect of which the association is to be authorized to register or identify the animals thereof or to delete the name of any distinct breed or evolving breed that the association is authorized to register or identify the animals thereof, or

    • (c) where the association is incorporated in respect of an evolving breed, to transform the association into an association incorporated in respect of a distinct breed,

    may make an application for that purpose by submitting articles of amendment to the Minister.

  • Marginal note:Contents of articles of amendment

    (2) Articles of amendment submitted pursuant to subsection (1) must

    • (a) be in the prescribed form;

    • (b) set out the proposed amendment;

    • (c) contain a statutory declaration attesting that the members of the association have been consulted in writing in the prescribed manner in relation to the proposed amendment, that twenty-five per cent or more of the members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and

    • (d) be submitted in triplicate in the prescribed manner.

  • Marginal note:Proof required

    (3) Where the amendment proposed in articles of amendment is the addition of the name of a distinct breed or evolving breed in accordance with paragraph (1)(b), the articles of amendment must be accompanied by proof that the association represents the breeders throughout Canada of the animals of the distinct breed or evolving breed.

Marginal note:Deletion for certain purposes
  •  (1) Where an association is authorized to register or identify animals of more than one distinct breed or evolving breed, the association or one or more members of the association may submit articles of amendment to delete the name of the distinct breed or evolving breed from the association’s articles of incorporation,

    • (a) to allow for the making of an application for incorporation in respect of one of the distinct breeds or evolving breeds; or

    • (b) to enable another association to amend its articles of incorporation to add the name of one of the distinct breeds or evolving breeds.

  • Marginal note:Contents

    (2) Articles of amendment submitted pursuant to subsection (1) must

    • (a) be in prescribed form;

    • (b) set out the proposed amendment;

    • (c) contain a statutory declaration attesting that the members of the association who are breeders of the distinct breed or evolving breed to which the proposed amendment relates have been consulted in writing in the prescribed manner in relation to the proposed amendment and that twenty-five per cent or more of those members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and

    • (d) be submitted in the prescribed manner.

  • Marginal note:Minister may determine entitlement

    (3) Where there is any dispute as to who is entitled to be consulted in relation to articles of amendment submitted pursuant to subsection (1), any member of the association may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned.

Marginal note:Other documents must accompany

 The Minister shall consider articles of amendment submitted pursuant to section 21 only if the articles of amendment are accompanied by

  • (a) an application for incorporation in respect of the distinct breed or evolving breed to which the articles of amendment relate, or

  • (b) articles of amendment to add the name of the distinct breed or evolving breed to which the articles of amendment relate to another association’s articles of incorporation

and the Minister may approve the articles of amendment only if the Minister is satisfied that the application for incorporation or the other association’s articles of amendment should also be approved.

Marginal note:Certificate of amendment
  •  (1) Where the Minister is satisfied that articles of amendment should be approved, the Minister shall issue a certificate of amendment in respect thereof.

  • Marginal note:Endorsement

    (2) Where the Minister issues a certificate of amendment, the Minister shall cause

    • (a) to be endorsed on each copy of the articles of amendment a statement attesting that a certificate of amendment has been issued in respect thereof;

    • (b) two copies of the endorsed articles of amendment to be filed in the Department of Agriculture and Agri-Food;

    • (c) the remaining copy of the endorsed articles of amendment to be returned to the association; and

    • (d) a notice of the issuance of the certificate of amendment to be published in the Canada Gazette.

  • Marginal note:Effect of certificate

    (3) An amendment is effective on the date shown in the certificate of amendment and the articles of incorporation of the association are amended accordingly.

  • R.S., 1985, c. 8 (4th Supp.), s. 23;
  • 1994, c. 38, s. 26.
Marginal note:Association liable for debts
  •  (1) Where articles of amendment are submitted pursuant to section 21 and a certificate of amendment is issued in respect thereof along with a certificate of incorporation in respect of the association established as a result of the application for incorporation referred to in paragraph 21(1)(a) or a certificate of amendment in respect of an association referred to in paragraph 21(1)(b), that association is liable for and shall, within one year after the effective date of the certificate of incorporation or certificate of amendment, pay to the association from whose articles of incorporation the name of the distinct breed or evolving breed was deleted an amount equal to the amount of that association’s total debts as of the day the certificate of amendment pertaining to the deletion becomes effective multiplied by the proportion that

    • (a) the total number of registrations or identifications made by that association in relation to animals of the deleted distinct breed or evolving breed in the immediately preceding three years

    bears to

    • (b) the total number of registrations and identifications made by that association in the immediately preceding three years.

  • Marginal note:Minister may determine debts

    (2) Where no agreement can be reached as to the amount of the debts or the number of registrations and identifications,

    • (a) any member of the association from whose articles of incorporation the name of the distinct breed or evolving breed is to be deleted,

    • (b) any applicant in relation to the proposed new association, and

    • (c) any member of the association to whose articles of incorporation the name of the distinct breed or evolving breed is to be added

    may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned.

 
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