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

General Stud and Herd Book

Marginal note:General Stud and Herd Book

• 51 (1) The Minister may

  • (a) authorize the Corporation to exercise the powers referred to in section 37 in relation to such distinct breeds and evolving breeds as the Minister, applying scientific genetic principles, may designate and for which there is no association;

  • (b) authorize the Corporation to establish a General Stud and Herd Book for the keeping of pedigree records of the distinct breeds and evolving breeds referred to in paragraph (a); and

  • (c) establish rules of eligibility for registration and identification of animals in the General Stud and Herd Book.

• Marginal note:Records to be handed over

  (2) On the incorporation of an association in respect of a distinct breed or evolving breed referred to in subsection (1), the Corporation shall hand over to the association all records that have been kept in relation thereto.

Administration

Marginal note:Inspections

• 52 (1) The Minister may, at any time, undertake such inspections and examinations of the business and affairs of any association, or of the Corporation, as the Minister deems appropriate, including, without restricting the generality of the foregoing, inspections into and examinations of

  • (a) the manner in which the registration or identification, as the case may be, of animals is carried out by any association or by the Corporation;

  • (b) the manner in which the individual identification of animals is carried out and supervised by any association or by the Corporation; and

  • (c) the private breeding records of any member of an association.

• Marginal note:Right to require information and documents

  (2) In the course of an inspection or examination pursuant to subsection (1), the Minister may require any person

  • (a) to furnish any information that, in the opinion of the Minister, the person may be able to furnish in relation to the matter being inspected or examined; and

  • (b) to produce, for examination by the Minister, any document, paper or thing that, in the opinion of the Minister, relates to the matter being inspected or examined and that may be in the possession or under the control of that person.

• Marginal note:Return of document, etc.

  (3) Any document, paper or thing produced by any person pursuant to this section shall be returned to that person by the Minister within ten days after a request is made to the Minister by that person, but nothing in this section precludes the Minister from again requiring its production in accordance with this section.

• Marginal note:Right to make copies

  (4) The Minister may make copies of any document, paper or thing produced pursuant to this section.

• Marginal note:Right to enter

  (5) For the purposes of this section, the Minister may, at any reasonable time, enter any premises occupied by any association or by the Corporation and carry out therein an inspection or examination.

• Marginal note:Warrant required to enter dwelling-house

  (6) Where the premises referred to in subsection (5) are a dwelling-house, the Minister or any person acting on the Minister’s behalf may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (7).

• Marginal note:Authority to issue warrant

  (7) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that entry to the dwelling-house is necessary for any purpose related to the carrying out of an inspection or examination, and

  • (b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice may issue a warrant under the justice’s hand authorizing the Minister or a person acting on the Minister’s behalf and named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

Marginal note:Inquiries

53 The Minister may appoint a person to hold an inquiry into the manner in which any association is or has been conducting its business, and every person so appointed has, for the purposes of the inquiry, all the powers of a commissioner under Part I of the Inquiries Act.

Marginal note:Powers of Minister

54 On the conclusion of an inspection or examination pursuant to section 52 or an inquiry under section 53, the Minister may take, or may, by order, direct any association or the Corporation to take, such action as the Minister considers necessary.

Marginal note:Directions to associations

55 On being satisfied that an association has for any period failed to conduct its business and affairs in accordance with the provisions of its by-laws or this Act, or has failed for a period of twelve months to carry on its business and affairs, the Minister may, by order, make such direction to the association as seems proper to the Minister in the interest of the association’s purpose.

Marginal note:Failure to comply

56 Where a direction of the Minister under section 54 or 55 contains a time limit and an association fails to carry out the direction within that time limit, the Minister may take over the property and carry on the business and affairs of the association for such time as the Minister considers appropriate.

Regulations

Marginal note:Regulations

57 The Minister may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations

• (a) prescribing anything that by this Act is to be prescribed; and

• (b) respecting the dissolution of associations under this Act.

Dissolution

Marginal note:Minister may order dissolution

• 58 (1) The Minister may, by order, declare the corporate powers of any association to be terminated in any of the following circumstances:

  • (a) where the association has failed to make by-laws in accordance with section 15 within one year after coming into existence;

  • (b) where the Minister is satisfied that the association has failed for any period to conduct its business and affairs in accordance with the provisions of its by-laws or this Act;

  • (c) where the Minister is satisfied that the association has failed for a period of twelve months to carry on business;

  • (d) where the association has failed to carry out any direction of the Minister under section 54 or 55 in the time, if any, specified in the direction; or

  • (e) on petition therefor by the association supported by a resolution to that effect passed by at least two thirds of the members of the association.

• Marginal note:Dissolution in accordance with regulations

  (2) Where the Minister declares the corporate powers of an association to be terminated, the affairs of the association shall be wound up and the association shall be dissolved in accordance with regulations made pursuant to paragraph 57(b).

• Marginal note:Distribution of assets

  (3) Where an association is dissolved, any property of the association that remains after the payment of the association’s debts and liabilities shall be transferred to such other association with a similar purpose or to such charity as the Minister may specify in writing.

Miscellaneous

Marginal note:Registration on behalf of an association

• 59 (1) An association may, with the consent of the Minister, authorize any other association to register or identify, on the association’s behalf, the animals of any distinct breed or evolving breed in respect of which the association is incorporated.

• Marginal note:By-laws

  (2) Where an association is authorized to register or identify animals on behalf of another association, the association shall do so in accordance with the other association’s by-laws relating to registration and identification.

• Marginal note:Ability to contract

  (3) Nothing in subsection (1) shall preclude any association from entering into any other contract or arrangement for the normal conduct of its business and affairs.

Marginal note:Notice of meetings and annual report

60 Every association shall send to the Minister

• (a) at the same time and in the same manner as it sends to its members, notices of meetings setting out proposed amendments to its by-laws; and

• (b) immediately after each annual meeting, a copy of the annual report, including an audited financial statement, together with a list of the directors and officers of the association and, where the association is a member of the Corporation, the name or names of the association’s voting representatives.

Marginal note:Registration and other rights

61 Notwithstanding anything in the by-laws of an association, no person shall be denied the right to have registered, to have identified or to transfer the ownership of any animal unless that person

• (a) is, at the time the right is denied, in arrears of any fees owing to the association; or

• (b) has contravened

  • (i) a by-law of the association relating to

    • (A) the eligibility for registration or identification, as the case may be, of animals by the association,

    • (B) the individual identification of animals, or

    • (C) the keeping of private breeding records,

  • (ii) any provision of this Act or the regulations, or

  • (iii) any provision of the Health of Animals Act or the regulations thereunder relating to the identification, within the meaning of that Act, or testing of animals.

Marginal note:Indication of Minister’s approval

• 62 (1) Where the Minister, on the completion of an inspection or examination pursuant to paragraph 52(1)(a), is satisfied that animals are being registered or identified, as the case may be, by an association in a manner that is acceptable to the Minister, the Minister may authorize the association to show on its certificates that the association’s system of registration or identification, as the case may be, has been approved by the Minister.

• Marginal note:Form

  (2) An approval referred to in subsection (1) must be in a form satisfactory to the Minister and the Minister may at any time and for any reason order an association to cease using the approval on its certificates.

Offences

Marginal note:No person shall keep records

• 63 (1) Except as authorized by this Act, where an association is authorized by this Act to register or identify animals of a distinct breed or evolving breed, no person shall keep pedigrees in respect of animals of that distinct breed or evolving breed or issue any document purporting to evidence that a particular animal is of that distinct breed or evolving breed or so closely resembling a certificate of registration, or certificate of identification, as the case may be, that it would likely be mistaken for such a certificate.

• Marginal note:No person shall issue document

  (2) No person shall issue in respect of any animal any document of any kind likely to deceive the public into believing that the document is a certificate of registration or certificate of identification in respect of the animal or that the animal is registered or identified under the authority of this Act.

Marginal note:Prohibitions

64 No person shall

• (a) knowingly sign or present, or cause or procure to be signed or presented, to a recording officer of any association or of the Corporation any declaration or application in relation to the registration, identification or transfer of ownership of any animal, semen or embryo that contains any material false statement or representation;

• (b) knowingly represent that a certificate of registration or certificate of identification applies to an animal other than the one in respect of which it was issued;

• (c) knowingly represent that a semen certificate or embryo certificate applies to any semen or embryo other than the semen or embryo in respect of which it was issued;

• (d) falsify or alter any certificate of registration, certificate of identification, semen certificate or embryo certificate;

• (e) without an express statement that the animal’s registration or identification is from a jurisdiction other than Canada, offer to sell, contract to sell or sell, as registered or identified, or as eligible to be registered or identified, within or outside the meaning of this Act, any animal that is not registered or identified, or eligible to be registered or identified;

• (f) offer to sell, contract to sell or sell, as recorded, or as eligible to be recorded, in the books of any association, or of the Corporation, any semen or embryo that is not recorded or eligible to be recorded in those books;

• (g) knowingly offer to sell, contract to sell or sell any animal in a manner that is likely to create an erroneous impression that the animal is registered or eligible to be registered;

• (h) offer to sell, contract to sell or sell, as a purebred of a breed, any animal that is not registered or eligible to be registered as a purebred by the association authorized to register animals of that breed or by the Corporation;

• (i) without an express statement that the animal’s registration, identification or status as a purebred is from a jurisdiction other than Canada, offer to sell, contract to sell or sell, as registered or identified, or as a purebred, any animal for which there is no individual identification in accordance with the by-laws of the association that has registered or identified the animal; and

• (j) without an express statement that the animal’s registration, identification or status as a purebred is from a jurisdiction other than Canada and that the animal will not be registered or identified in Canada by the person, sell, as registered or identified, or as eligible to be registered or identified, or as a purebred, any animal without providing to the buyer thereof within six months after the sale the animal’s duly transferred certificate of registration or certificate of identification.

Marginal note:Unlawful use of names

65 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

• 66 (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

67 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

• 68 (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

69 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.