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

Miscellaneous (continued)

Marginal note:Registration and other rights

 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.

  • R.S., 1985, c. 8 (4th Supp.), s. 61
  • 1994, c. 38, s. 13

Marginal note:Indication of Minister’s approval

  •  (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

  •  (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

 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

 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

  •  (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

 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

  •  (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

 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.

Marginal note:Examination of existing associations

 Forthwith after the coming into force of this Act the Minister shall examine the articles of incorporation of every association referred to in section 68 in order to determine whether each such association may properly continue in existence by reason of sections 3 to 5.

Marginal note:Situation of animal not covered by Act

  •  (1) Where, in the course of the examination referred to in section 70, the Minister determines that the animals referred to in an association’s articles of incorporation are not of a distinct breed or of an evolving breed, the Minister shall, by order, direct the association to cease issuing certificates of registration in respect of those animals.

  • Marginal note:Order of dissolution

    (2) Where the articles of incorporation of an association that is the subject of an order under subsection (1) refer only to the animals referred to in the order, the Minister shall, by order, direct the association to be dissolved in accordance with regulations made pursuant to paragraph 57(b).

Marginal note:Situation of animal not of distinct breed

  •  (1) Where, in the course of the examination referred to in section 70, the Minister determines that the animals referred to in an association’s articles of incorporation are not of a distinct breed but are of an evolving breed, the Minister shall, by order, direct the association to cease issuing certificates of registration in respect of those animals.

  • Marginal note:Notification

    (2) Where the Minister issues an order under subsection (1), the Minister shall forthwith cause the association that is the subject of the order to be notified by registered mail that the Minister intends to dissolve the association unless the association files, within 60 days after the date of the mailing of the notice, articles of amendment to transform the association into an association incorporated in respect of the evolving breed.

 
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