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

Purebred Status

Marginal note:Purebred status

• 30 (1) Subject to subsection (2), the determination of what is a purebred of a distinct breed shall be in accordance with the by-laws of the association incorporated in respect of that distinct breed.

• Marginal note:Minimum inheritance

  (2) No association may, by its by-laws, determine that an animal is a purebred of a distinct breed if the animal has less than seven-eighths of its inheritance from the foundation stock of the animal’s breed or from animals previously registered as purebreds by the association.

Identification

Marginal note:Identification

31 The identification of animals of an evolving breed shall be in accordance with the by-laws of the association incorporated in respect of that evolving breed.

Marginal note:Certificates of identification

• 32 (1) An association that identifies an animal may issue a certificate of identification to evidence the identification.

• Marginal note:Certificate is proof

  (2) Unless cancelled, and in the absence of any proof to the contrary, a certificate of identification in respect of an animal named therein is proof that the animal is in the process of evolving into a new breed as an animal of the evolving breed referred to in the certificate.

• Marginal note:Form and contents of certificates of identification

  (3) A certificate of identification issued by an association in respect of an animal shall be in such form and contain such information as the association requires by its by-laws, but every certificate of identification must set out

  • (a) the name of the association;

  • (b) the animal’s name and particulars of the animal’s individual identification;

  • (c) the animal’s date of birth, sex and identification number;

  • (d) the names and identification numbers of the animal’s parents, if known, or, if unknown, a statement to that effect; and

  • (e) the name of the animal’s owner.

Semen and Embryos

Marginal note:Semen and embryos

• 33 (1) An association may keep records of semen and records of embryos in respect of the animals of any distinct breed or evolving breed it is authorized to register or identify.

• Marginal note:Semen certificates and embryo certificates

  (2) An association that keeps records of semen and records of embryos may, with respect to any semen or embryo recorded by it, issue a semen certificate or an embryo certificate, as the case may be, to evidence the recording.

• Marginal note:Form and contents of semen certificates and embryo certificates

  (3) A semen certificate and an embryo certificate issued by an association in respect of semen or an embryo shall be in such form and contain such information as the association requires by its by-laws, but every certificate must set out

  • (a) the name of the association; and

  • (b) the name of the owner of the semen or embryo.

Recognition of New Breeds

Marginal note:Request for recognition of new breed

• 34 (1) Where an association incorporated in respect of an evolving breed determines that animals it has identified have evolved to the point of constituting the new breed into which they were intended to evolve, the association may request that the Minister examine the animals with a view to recognizing the new breed.

• Marginal note:Articles of amendment

  (2) Any association making a request under subsection (1) may, at the time of making the request or at any time thereafter, file with the Minister articles of amendment to transform the association into an association incorporated in respect of the new breed to which the request relates.

• Marginal note:Recognition

  (3) Where the Minister is satisfied that the animals that are the subject of a request under subsection (1) have evolved into the new breed and that there are sufficient numbers of such animals to constitute the foundation stock of the new breed, the Minister may recognize the new breed and, if articles of amendment referred to in subsection (2) have been filed, issue a certificate of amendment in respect thereof.

• Marginal note:Minister must be satisfied

  (4) In determining whether animals have evolved into a new breed the Minister must be satisfied that the animals bear a physical resemblance to and have the same genetic make-up as the breed into which the animals were intended to evolve, and that the animals have been reproducing with genetic stability.

• Marginal note:Association may continue to identify animals

  (5) Notwithstanding that a certificate of amendment has been issued to an association in respect of articles of amendment referred to in subsection (2), the Minister may, for such period as the Minister may specify, authorize the association to continue to identify animals for the purposes of adding, subject to the Minister’s approval, to the new breed’s foundation stock.

Canadian Livestock Records Corporation

Corporation Established

Marginal note:Corporation established

• 35 (1) There is hereby established a corporation to be known as the Canadian Livestock Records Corporation.

• Marginal note:Corporation is successor to the CNLSR

  (2) The Corporation is the successor to the affiliation known as the Canadian National Live Stock Records and all the rights and obligations of the Canadian National Live Stock Records are the rights and obligations of the Corporation.

• Marginal note:Not agent of Her Majesty

  (3) The Corporation is not an agent of Her Majesty.

• Marginal note:Head office

  (4) The head office of the Corporation shall be at such place in Canada as may be designated in the by-laws of the Corporation.

Purpose

Marginal note:Purpose

36 The purpose of the Corporation is to perform services for and on behalf of

• (a) the members of the Corporation; and

• (b) subject to section 51, breeders and owners of animals of any distinct breed or evolving breed in respect of which there is no association.

Powers

Marginal note:Powers

37 The Corporation 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 and, without restricting the generality of the foregoing, the Corporation may, including with respect to animals of any distinct breed or evolving breed in respect of which there is no association,

• (a) keep pedigrees and other records;

• (b) issue certificates of registration, certificates of identification, embryo certificates, semen certificates and transfers of ownership in respect thereof; and

• (c) do anything that any association under this Act may lawfully do.

Marginal note:Ownership and borrowing powers

38 Without restricting the generality of section 37, the Corporation 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 Corporation and draw, make, accept, endorse and execute promissory notes, bills of exchange and other negotiable instruments necessary for the carrying out of its business and affairs; and

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

Use of Funds

Marginal note:Use of funds

• 39 (1) The Corporation may use the funds of the Corporation for any purpose calculated to advance the purpose of the Corporation.

• Marginal note:Profits

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

Board of Directors

Marginal note:Board of Directors

• 40 (1) There shall be a Board of Directors of the Corporation consisting of seven directors, six of whom are to be elected by the members of the Corporation and one of whom is to be appointed by the Minister to represent the interests of the Minister and breeders and owners of animals of any distinct breed or evolving breed in respect of which there is no association.

• Marginal note:Eligibility

  (2) Only a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may be a director of the Corporation.

• Marginal note:Term of office

  (3) The term of office of a director elected by the members of the Corporation is two years, except that at the first election of directors, three of the directors shall be elected for a term of one year.

• Marginal note:Re-election

  (4) A director elected by the members of the Corporation and whose term of office has expired is eligible for re-election.

• Marginal note:First directors

  (5) The first members of the Board of Directors of the Corporation shall be the members of the Canadian National Live Stock Records Committee immediately prior to the coming into force of this Act and terms of office shall expire when members of the Board of Directors of the Corporation are appointed at the first meeting of the members of the Corporation.

• Marginal note:Re-election

  (6) A member of the Board of Directors referred to in subsection (5) is eligible for reelection at the meeting referred to in that subsection.

• Marginal note:First meeting

  (7) The first meeting of the members of the Corporation shall be held as soon as possible after the day this Act comes into force, but not later than one year after that day, for the purpose of electing directors in accordance with subsection (1) and for such other purpose as the members consider appropriate.

Marginal note:Chairman

41 The Board shall elect a Chairman from among the directors.

Marginal note:Duties and powers of Board

42 The Board shall direct and manage the business and affairs of the Corporation and may for those purposes exercise all the powers of the Corporation.

By-laws

Marginal note:By-laws

• 43 (1) The Board shall make by-laws

  • (a) for the administration and management of the business and affairs of the Corporation;

  • (b) respecting the holding of meetings of the Board, the quorum at such meetings and the manner in which questions considered at such meetings shall be determined;

  • (c) respecting the holding of general and special meetings of the members of the Corporation, the quorum at such meetings and the manner in which questions considered at such meetings shall be determined;

  • (d) respecting the appointment, remuneration, powers, functions and duties of employees, and agents or mandataries, of the Corporation;

  • (e) respecting the payment of fees for services performed by the Corporation and establishing the method of determining the amount of those fees; and

  • (f) for the conduct in all other particulars of the business and affairs of the Corporation.

• Marginal note:When by-law has effect

  (2) No by-law of the Corporation has any effect until it is approved by the Minister.

General Manager

Marginal note:General Manager

• 44 (1) The Board shall appoint a General Manager of the Corporation.

• Marginal note:Duties

  (2) The General Manager of the Corporation has, on behalf of the Board, responsibility for the direction and management of the business and affairs of the Corporation, and authority to act in all matters that are not by the by-laws or by resolution of the Board specifically reserved to be done by the Chairman of the Board or the Board itself.

Members

Marginal note:Membership eligibility

• 45 (1) Only an association may be a member of the Corporation and every association is eligible to be a member.

• Marginal note:First members

  (2) The first members of the Corporation are the associations affiliated under the Canadian National Live Stock Records immediately before the coming into force of this Act.

Voting

Marginal note:Number of votes

46 Each association that is a member of the Corporation shall, for all purposes, have voting rights as follows:

• (a) where the association has two hundred members or less, one vote;

• (b) where the association has more than two hundred members but not more than five hundred members, two votes;

• (c) where the association has more than five hundred members but not more than one thousand members, three votes;

• (d) where the association has more than one thousand members but not more than one thousand five hundred members, four votes; and

• (e) where the association has more than one thousand five hundred members, five votes.

Marginal note:Election of directors

• 47 (1) The candidates for directors to be elected by the members of the Corporation shall be the persons nominated therefor by the members of the Corporation and the elected directors shall be those nominated persons who receive the largest number of votes.

• Marginal note:Distribution of votes

  (2) For the purpose of electing directors, a member of the Corporation with more than one vote may cast its votes in favour of one candidate or distribute them among the candidates in any manner.

Termination of Membership

Marginal note:Termination of membership

• 48 (1) An association shall cease to be a member of the Corporation if

  • (a) the association gives the Corporation notice of its intention to cease being a member at least ninety days prior to the effective date thereof or such longer notice as the by-laws of the Corporation may require; and

  • (b) the association has no outstanding debt owing to the Corporation.

• Marginal note:Records to be returned

  (2) Where an association ceases to be a member of the Corporation, the Corporation shall, on request therefor, provide the association with all of the Corporation’s records relating to that association.

Annual Meeting

Marginal note:Annual meeting

49 The members of the Corporation shall meet at least once a year.

Liability

Marginal note:Personal liability

50 No member of the Board, General Manager of the Corporation or officer or employee of the Corporation, or other person acting on behalf of the Corporation, 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.