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

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Act current to 2022-09-22 and last amended on 2004-12-15. Previous Versions

Animal Pedigree Act

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

An Act respecting animal pedigree associations

[1988, c. 13, assented to 25th May, 1988]

Short Title

Marginal note:Short title

 This Act may be cited as the Animal Pedigree Act.

Interpretation

Marginal note:Definitions

 In this Act,

animal pedigree association

animal pedigree association or association means an association incorporated under this Act and includes an association amalgamated pursuant to section 25 and an association subject to the provisions of this Act by virtue of section 68; (association responsable de la généalogie des animaux ou association)

Board

Board means the Board of Directors of the Corporation; (Conseil)

certificate of identification

certificate of identification means a certificate of identification issued under the authority of this Act for an animal of an evolving breed; (certificat d’identification)

certificate of registration

certificate of registration means a certificate of registration issued under the authority of this Act for an animal of a distinct breed; (certificat d’enregistrement)

Corporation

Corporation means the Canadian Livestock Records Corporation established by section 35; (Société)

embryo certificate

embryo certificate means an embryo certificate issued under the authority of this Act; (certificat d’embryon)

evolving breed

evolving breed means a group of animals in the process of evolving into a new breed; (race en voie de constitution)

foundation stock

foundation stock, in relation to a distinct breed, means such animals as are recognized by the Minister as constituting the breed’s original stock; (premiers éléments)

identification

identification means the recognition that an animal is an animal of an evolving breed; (identification)

individual identification

individual identification, in relation to an animal, means the distinguishing of the animal by

  • (a) the marking or tagging of the animal, or

  • (b) the noting, by any means, including the taking of photographs, of some or all of the animal’s physical characteristics; (identification particulière)

Minister

Minister means the Minister of Agriculture and Agri-Food; (ministre)

pedigree

pedigree, in relation to an animal, means genealogical information showing the ancestral line of descent of the animal; (dossier généalogique)

prescribed

prescribed means prescribed by the regulations; (prescrit)

purebred

purebred, in relation to an animal of a distinct breed, means an animal that is a purebred of the breed as determined by the by-laws of the association authorized to register animals of that breed; (animal de race pure)

registration

registration means the recognition that an animal is an animal of a distinct breed; (enregistrement)

semen certificate

semen certificate means a semen certificate issued under the authority of this Act. (certificat de semence)

  • R.S., 1985, c. 8 (4th Supp.), s. 2
  • 1994, c. 38, s. 25

Purposes of Act

Marginal note:Purposes of Act

 The purposes of this Act are

  • (a) to promote breed improvement, and

  • (b) to protect persons who raise and purchase animals

by providing for the establishment of animal pedigree associations that are authorized to register and identify animals that, in the opinion of the Minister, have significant value.

Purpose of Associations

Marginal note:Principal purpose

 The principal purpose of animal pedigree associations shall be the registration and identification of animals and the keeping of animal pedigrees.

Scope of Associations

Marginal note:Scope of associations

  •  (1) An association may be incorporated under this Act in respect of a distinct breed, an evolving breed or one or more distinct breeds and one or more evolving breeds.

  • Marginal note:Limit of one association per breed or evolving breed

    (2) Only one association may be incorporated in respect of each distinct breed and each evolving breed.

  • Marginal note:Breeds must be of same species

    (3) Where an association is incorporated in respect of one or more distinct breeds and one or more evolving breeds, the distinct breeds and evolving breeds must all be of the same species.

Incorporating an Association

Marginal note:Requirements

  •  (1) An association may be incorporated under this Act only if the Minister is satisfied

    • (a) that the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated have significant value;

    • (b) that the persons submitting the articles of incorporation in respect of the association represent the breeders throughout Canada of the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated; and

    • (c) that the keeping of pedigrees and other records in respect of the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated would be beneficial to the breeders thereof and to the public-at-large.

  • Marginal note:Scientific genetic principles

    (2) An association may be incorporated in respect of a distinct breed only if the Minister is satisfied that the breed is a breed determined in accordance with scientific genetic principles.

  • Marginal note:Special requirement with respect to evolving breeds

    (3) An association may be incorporated in respect of an evolving breed only if the Minister is satisfied that the requirements referred to in subsection (1) exist and that the creation, with genetic stability, of the new breed into which the animals of the evolving breed are intended to evolve is possible.

Marginal note:Application to incorporate

  •  (1) Subject to this Act, where five or more qualified persons desire to incorporate an association, they may make an application for that purpose by submitting articles of incorporation to the Minister.

  • Marginal note:Qualifications of applicants

    (2) A person is qualified to apply to form an association if the person is eighteen years of age or more and is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

  • R.S., 1985, c. 8 (4th Supp.), s. 7
  • 2001, c. 27, s. 204

Marginal note:Contents of articles of incorporation

 Articles of incorporation must

  • (a) be in the prescribed form;

  • (b) set out, in respect of the proposed association,

    • (i) the name of the association,

    • (ii) the names and addresses of the persons submitting the articles of incorporation,

    • (iii) the names and addresses of the first directors and officers of the association,

    • (iv) the name of each distinct breed and evolving breed in respect of which the association is sought to be incorporated, and

    • (v) where the application is in respect of an evolving breed, the physical description and genetic make-up of the new breed into which the animals of the evolving breed are intended to evolve; and

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

Marginal note:Certificate of incorporation

  •  (1) Where the Minister is satisfied that the articles of incorporation of an association should be approved, the Minister shall issue a certificate of incorporation in respect thereof.

  • Marginal note:Endorsement

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

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

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

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

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

  • Marginal note:Effect of certificate

    (3) An association comes into existence on the date shown in its certificate of incorporation and the first directors and officers of the association are the directors and officers set out in the association’s articles of incorporation.

  • R.S., 1985, c. 8 (4th Supp.), s. 9
  • 1994, c. 38, s. 26

Body Corporate

Marginal note:Association is body corporate

 Every association is a body corporate.

Powers

Marginal note:Powers

 An association may do any act or thing necessary for, or incidental or conducive to, the carrying out of its purpose and business and affairs related thereto.

Marginal note:Ownership and borrowing powers

 Without restricting the generality of section 11, an association may

  • (a) acquire, hold and dispose of real, personal, movable and immovable property necessary for the carrying out of its business and affairs;

  • (b) borrow money on the credit of the association and draw, make, accept, endorse and execute promissory notes, bills of exchange and other negotiable instruments necessary for carrying out its business and affairs; and

  • (c) mortgage or hypothecate, or create any security interest in, all or any property of the association to secure any obligation of the association.

  • R.S., 1985, c. 8 (4th Supp.), s. 12
  • 2001, c. 4, s. 56

Use of Funds

Marginal note:Use of funds

  •  (1) An association may use its funds for any purpose calculated to advance the purpose of the association, including, without restricting the generality of the foregoing, using those funds for developing and promoting breed improvement programs, making grants to exhibitions and providing services to the breeders of the animals in respect of which the association has been incorporated.

  • Marginal note:Profits

    (2) Subject to any by-laws providing for the remuneration of its directors, officers and employees, and its agents or mandataries, all profits or accretions of value to the property of an association shall be used in furtherance of the purpose of the association, and no part of the property or profits of the association may be distributed, directly or indirectly, to any member of the association.

  • 1985, c. 8 (4th Supp.), s. 13
  • 2004, c. 25, s. 2

Liability

Marginal note:Limited liability

  •  (1) The financial liability of a member of an association to the creditors of the association is limited to the amount of any fees owing to the association by the member and to the amount due from the member in respect of any services provided to the member by the association.

  • Marginal note:Personal liability

    (2) No director, officer or employee of an association, or other person acting on behalf of an association, is personally liable for any act done in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions or for any default or neglect in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions.

By-laws

Marginal note:Mandatory by-laws

  •  (1) Every association incorporated under this Act shall, within one year after coming into existence, make by-laws

    • (a) establishing requirements for membership in the association;

    • (b) respecting the payment of dues by the members of the association and establishing the method of determining the amount thereof;

    • (c) respecting the election, and the filling of vacancies, of directors and officers of the association and their powers, duties and functions;

    • (d) respecting the time and place for the holding of general, annual and special meetings of the association, the calling of such meetings, the quorum for such meetings and the procedure for all business at such meetings;

    • (e) respecting the consultation of the members of the association for the purpose of changing the association’s articles of incorporation, amalgamating with one or more other associations or dissolving the association;

    • (f) respecting the making, amendment and repeal of the association’s by-laws;

    • (g) respecting the place within Canada where the head office of the association is, and the places within Canada where the branch offices, if any, of the association are, to be situated;

    • (h) fixing the fiscal year of the association;

    • (i) respecting the keeping of the association’s articles of incorporation and the association’s by-laws, business records and books of accounts;

    • (j) respecting the annual audit of the financial affairs of the association and the preparation of audited annual financial reports and statements of assets and liabilities;

    • (k) establishing rules respecting the eligibility for the registration or identification, as the case may be, of animals by the association;

    • (l) establishing the procedure to be followed in applications for the registration or identification, as the case may be, of animals by the association;

    • (m) respecting the issuance of certificates of registration or certificates of identification, as the case may be, by the association and the amendment, transfer and cancellation of such certificates;

    • (n) respecting the individual identification of animals registered or identified, as the case may be, by the association, the supervision of all practices in relation thereto and the manner in which unsatisfactory practices in relation thereto are to be dealt with;

    • (o) respecting the keeping of pedigrees and breeding records by the association and its members and the inspection by the association of pedigrees and breeding records kept by its members;

    • (p) respecting the recording of transfers of ownership of animals registered or identified, as the case may be, by the association;

    • (q) respecting the payment of fees for certificates of registration and certificates of identification, as the case may be, for transfers of ownership and for all other services provided by the association, and establishing the method of determining the amount of those fees; and

    • (r) for the administration and management of the business and affairs of the association.

  • Marginal note:By-laws generally

    (2) Notwithstanding subsection (1), an association may make any by-law necessary for the conduct of its business and affairs, including, without restricting the generality of the foregoing, by-laws

    • (a) respecting the promotion and establishment of breed improvement programs;

    • (b) respecting the inspection of animals as a prerequisite to their registration or identification, as the case may be, by the association;

    • (c) respecting performance standards that animals must meet as a prerequisite to their registration or identification, as the case may be, by the association; and

    • (d) respecting the resignation, suspension and expulsion of any member of the association.

  • Marginal note:Mandatory by-laws

    (3) Where an association keeps records of semen and embryos pursuant to section 33 and issues semen certificates and embryo certificates in respect thereof, the association shall do so only in accordance with its by-laws, and, for that purpose, the association shall make by-laws

    • (a) respecting the recording and the individual identification of semen and embryos, the supervision of all practices in relation thereto and the manner in which unsatisfactory practices in relation thereto are to be dealt with;

    • (b) respecting the issuance of semen certificates and embryo certificates, and the amendment, transfer and cancellation of those certificates; and

    • (c) respecting the recording of transfers of ownership of semen and embryos by the association.

 
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