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

Canadian Livestock Records Corporation (continued)

Annual Meeting

Marginal note:Annual meeting

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

Liability

Marginal note:Personal liability

 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.

General Stud and Herd Book

Marginal note:General Stud and Herd Book

  •  (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

  •  (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

 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

 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

 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

 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

 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

  •  (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

  •  (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

 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.

 
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