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

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.

General Stud and Herd Book

Marginal note:General Stud and Herd Book

• 51 (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

• 52 (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.