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

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Act current to 2019-07-01 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
 
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