Law:Animal Pedigree Act

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R.s.c., 1985, c. 8 (4th Supp.)

An Act respecting animal pedigree associations

(1988, c. 13, assented to 25th May, 1988)

Contents

Short Title

Short title

1. This Act may be cited as the Animal Pedigree Act.


Interpretation

Definitions

2. In this Act,

“animal pedigree association” or “association”

« association responsable de la généalogie des animaux » ou « 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;

“Board”

« Conseil »

“Board” means the Board of Directors of the Corporation;

“certificate of identification”

« certificat d’identification »

“certificate of identification” means a certificate of identification issued under the authority of this Act for an animal of an evolving breed;

“certificate of registration”

« certificat d’enregistrement »

“certificate of registration” means a certificate of registration issued under the authority of this Act for an animal of a distinct breed;

“Corporation”

« Société »

“Corporation” means the Canadian Livestock Records Corporation established by section 35;

“embryo certificate”

« certificat d’embryon »

“embryo certificate” means an embryo certificate issued under the authority of this Act;

“evolving breed”

« race en voie de constitution »

“evolving breed” means a group of animals in the process of evolving into a new breed;

“foundation stock”

« premiers éléments »

“foundation stock”, in relation to a distinct breed, means such animals as are recognized by the Minister as constituting the breed’s original stock;

“identification”

« identification »

“identification” means the recognition that an animal is an animal of an evolving breed;

class="Marg“individual identification”

« identification particulière »

“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;

“Minister”

« ministre »

“Minister” means the Minister of Agriculture and Agri-Food;

“pedigree”

« dossier généalogique »

“pedigree”, in relation to an animal, means genealogical information showing the ancestral line of descent of the animal;

“prescribed”

« prescrit »

“prescribed” means prescribed by the regulations;

“purebred”

« animal de race pure »

“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;

“registration”

« enregistrement »

“registration” means the recognition that an animal is an animal of a distinct breed;

“semen certificate”

« certificat de semence »

“semen certificate” means a semen certificate issued under the authority of this Act.

R.S., 1985, c. 8 (4th Supp.), s. 2; 1994, c. 38, s. 25.


Purposes Of Act

Purposes of Act

3. 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

Principal purpose

4. The principal purpose of animal pedigree associations shall be the registration and identification of animals and the keeping of animal pedigrees.


Scope Of Associations

Scope of associations

5. (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.

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.

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

Requirements

6. (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.

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.

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.

Application to incorporate

7. (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.

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.

Contents of articles of incorporation

8. 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.

Certificate of incorporation

9. (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.

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.

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.


Body Corporate

Association is body corporate

10. Every association is a body corporate.


Powers

Powers

11. An association 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.

Ownership and borrowing powers

12. Without restricting the generality of section 11, an association 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 association and draw, make, accept, endorse and execute promissory notes, bills of exchange and other negotiable instruments necessary for carrying out its business and affairs; and

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

R.S., 1985, c. 8 (4th Supp.), s. 12; 2001, c. 4, s. 56.


Use Of Funds

Use of funds

13. (1) An association may use its funds for any purpose calculated to advance the purpose of the association, including, without restricting the generality of the foregoing, using those funds for developing and promoting breed improvement programs, making grants to exhibitions and providing services to the breeders of the animals in respect of which the association has been incorporated.

Profits

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

1985, c. 8 (4th Supp.), s. 13; 2004, c. 25, s. 2.

Previous Version

Liability

Limited liability

14. (1) The financial liability of a member of an association to the creditors of the association is limited to the amount of any fees owing to the association by the member and to the amount due from the member in respect of any services provided to the member by the association.

Personal liability

(2) No director, officer or employee of an association, or other person acting on behalf of an association, 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.


By-laws

Mandatory by-laws

15. (1) Every association incorporated under this Act shall, within one year after coming into existence, make by-laws

(a) establishing requirements for membership in the association;

(b) respecting the payment of dues by the members of the association and establishing the method of determining the amount thereof;

(c) respecting the election, and the filling of vacancies, of directors and officers of the association and their powers, duties and functions;

(d) respecting the time and place for the holding of general, annual and special meetings of the association, the calling of such meetings, the quorum for such meetings and the procedure for all business at such meetings;

(e) respecting the consultation of the members of the association for the purpose of changing the association’s articles of incorporation, amalgamating with one or more other associations or dissolving the association;

(f) respecting the making, amendment and repeal of the association’s by-laws;

(g) respecting the place within Canada where the head office of the association is, and the places within Canada where the branch offices, if any, of the association are, to be situated;

(h) fixing the fiscal year of the association;

(i) respecting the keeping of the association’s articles of incorporation and the association’s by-laws, business records and books of accounts;

(j) respecting the annual audit of the financial affairs of the association and the preparation of audited annual financial reports and statements of assets and liabilities;

(k) establishing rules respecting the eligibility for the registration or identification, as the case may be, of animals by the association;

(l) establishing the procedure to be followed in applications for the registration or identification, as the case may be, of animals by the association;

(m) respecting the issuance of certificates of registration or certificates of identification, as the case may be, by the association and the amendment, transfer and cancellation of such certificates;

(n) respecting the individual identification of animals registered or identified, as the case may be, by the association, the supervision of all practices in relation thereto and the manner in which unsatisfactory practices in relation thereto are to be dealt with;

(o) respecting the keeping of pedigrees and breeding records by the association and its members and the inspection by the association of pedigrees and breeding records kept by its members;

(p) respecting the recording of transfers of ownership of animals registered or identified, as the case may be, by the association;

(q) respecting the payment of fees for certificates of registration and certificates of identification, as the case may be, for transfers of ownership and for all other services provided by the association, and establishing the method of determining the amount of those fees; and

(r) for the administration and management of the business and affairs of the association.

By-laws generally

(2) Notwithstanding subsection (1), an association may make any by-law necessary for the conduct of its business and affairs, including, without restricting the generality of the foregoing, by-lawsp(a) respecting the promotion and establishment of breed improvement programs;

(b) respecting the inspection of animals as a prerequisite to their registration or identification, as the case may be, by the association;

(c) respecting performance standards that animals must meet as a prerequisite to their registration or identification, as the case may be, by the association; and

(d) respecting the resignation, suspension and expulsion of any member of the association.

Mandatory by-laws

(3) Where an association keeps records of semen and embryos pursuant to section 33 and issues semen certificates and embryo certificates in respect thereof, the association shall do so only in accordance with its by-laws, and, for that purpose, the association shall make by-laws

(a) respecting the recording and the individual identification of semen and embryos, the supervision of all practices in relation thereto and the manner in which unsatisfactory practices in relation thereto are to be dealt with;

(b) respecting the issuance of semen certificates and embryo certificates, and the amendment, transfer and cancellation of those certificates; and

(c) respecting the recording of transfers of ownership of semen and embryos by the association.

When by-law has effect

16. (1) No by-law of an association and no amendment or repeal of any by-law of an association has any effect until it is approved by the Minister.

Application for approval

(2) An application to the Minister for approval of a by-law or an amendment or repeal of a by-law must be accompanied by three copies of the proposed by-law, amendment or repeal.

Minister may require evidence

(3) Where the making, amendment or repeal of any by-law of an association is, by reason of another by-law of the association, subject to any formality or requirement, the Minister may, before approving any by-law or any amendment or repeal of a by-law, require evidence by affidavit or statutory declaration that the formality or requirement in relation thereto has been complied with.

Certificate of by-law approval

(4) Where the Minister approves a by-law or an amendment or repeal of a by-law, the Minister shall issue a certificate of by-law approval, or a certificate of by-law repeal, as the case may be, in respect thereof.

Effect of by-laws

17. The by-laws of an association bind every member of the association.

Member’s right to inspect by-laws

18. The by-laws of an association shall, at all reasonable times, be made available to the members of the association for the purposes of inspection and making copies thereof.

No fine or penalty

19. (1) No by-law of an association may impose any fine or monetary penalty of any kind and no fine or monetary penalty of any kind may be imposed by an association in respect of any non-compliance with its by-laws.

Fees not fines

(2) For the purposes of subsection (1), a fee referred to in paragraph 15(1)(q) is not a fine or a monetary penalty.


Amendment Of Articles Of Incorporation

Amendment of articles of incorporation

20. (1) An association that desires to amend its articles of incorporation for one or more of the following purposes, namely,

(a) to change the association’s name,

(b) to add the name of a distinct breed or evolving breed in respect of which the association is to be authorized to register or identify the animals thereof or to delete the name of any distinct breed or evolving breed that the association is authorized to register or identify the animals thereof, or

(c) where the association is incorporated in respect of an evolving breed, to transform the association into an association incorporated in respect of a distinct breed,

may make an application for that purpose by submitting articles of amendment to the Minister.

Contents of articles of amendment

(2) Articles of amendment submitted pursuant to subsection (1) must

(a) be in the prescribed form;

(b) set out the proposed amendment;

(c) contain a statutory declaration attesting that the members of the association have been consulted in writing in the prescribed manner in relation to the proposed amendment, that twenty-five per cent or more of the members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and

(d) be submitted in triplicate in the prescribed manner.

Proof required

(3) Where the amendment proposed in articles of amendment is the addition of the name of a distinct breed or evolving breed in accordance with paragraph (1)(b), the articles of amendment must be accompanied by proof that the association represents the breeders throughout Canada of the animals of the distinct breed or evolving breed.

Deletion for certain purposes

21. (1) Where an association is authorized to register or identify animals of more than one distinct breed or evolving breed, the association or one or more members of the association may submit articles of amendment to delete the name of the distinct breed or evolving breed from the association’s articles of incorporation,

(a) to allow for the making of an application for incorporation in respect of one of the distinct breeds or evolving breeds; or

(b) to enable another association to amend its articles of incorporation to add the name of one of the distinct breeds or evolving breeds.

Contents

(2) Articles of amendment submitted pursuant to subsection (1) must

(a) be in prescribed form;

(b) set out the proposed amendment;

(c) contain a statutory declaration attesting that the members of the association who are breeders of the distinct breed or evolving breed to which the proposed amendment relates have been consulted in writing in the prescribed manner in relation to the proposed amendment and that twenty-five per cent or more of those members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and

(d) be submitted in the prescribed manner.

Minister may determine entitlement

(3) Where there is any dispute as to who is entitled to be consulted in relation to articles of amendment submitted pursuant to subsection (1), any member of the association may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned.

Other documents must accompany

22. The Minister shall consider articles of amendment submitted pursuant to section 21 only if the articles of amendment are accompanied by

(a) an application for incorporation in respect of the distinct breed or evolving breed to which the articles of amendment relate, or

(b) articles of amendment to add the name of the distinct breed or evolving breed to which the articles of amendment relate to another association’s articles of incorporation

and the Minister may approve the articles of amendment only if the Minister is satisfied that the application for incorporation or the other association’s articles of amendment should also be approved.

Certificate of amendment

23. (1) Where the Minister is satisfied that articles of amendment should be approved, the Minister shall issue a certificate of amendment in respect thereof.

Endorsement

(2) Where the Minister issues a certificate of amendment, the Minister shall cause

(a) to be endorsed on each copy of the articles of amendment a statement attesting that a certificate of amendment has been issued in respect thereof;

(b) two copies of the endorsed articles of amendment to be filed in the Department of Agriculture and Agri-Food;

(c) the remaining copy of the endorsed articles of amendment to be returned to the association; and

(d) a notice of the issuance of the certificate of amendment to be published in the Canada Gazette.

Effect of certificate

(3) An amendment is effective on the date shown in the certificate of amendment and the articles of incorporation of the association are amended accordingly.

R.S., 1985, c. 8 (4th Supp.), s. 23; 1994, c. 38, s. 26.

Association liable for debts

24. (1) Where articles of amendment are submitted pursuant to section 21 and a certificate of amendment is issued in respect thereof along with a certificate of incorporation in respect of the association established as a result of the application for incorporation referred to in paragraph 21(1)(a) or a certificate of amendment in respect of an association referred to in paragraph 21(1)(b), that association is liable for and shall, within one year after the effective date of the certificate of incorporation or certificate of amendment, pay to the association from whose articles of incorporation the name of the distinct breed or evolving breed was deleted an amount equal to the amount of that association’s total debts as of the day the certificate of amendment pertaining to the deletion becomes effective multiplied by the proportion that

(a) the total number of registrations or identifications made by that association in relation to animals of the deleted distinct breed or evolving breed in the immediately preceding three years

bears to

(b) the total number of registrations and identifications made by that association in the immediately preceding three years.

Minister may determine debts

(2) Where no agreement can be reached as to the amount of the debts or the number of registrations and identifications,

(a) any member of the association from whose articles of incorporation the name of the distinct breed or evolving breed is to be deleted,

(b) any applicant in relation to the proposed new association, and

(c) any member of the association to whose articles of incorporation the name of the distinct breed or evolving breed is to be added

may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned.


Amalgamations

Amalgamation of associations

25. (1) Two or more associations that desire to amalgamate and continue as one association may make an application for that purpose by submitting articles of amalgamation to the Minister.

Contents of articles of amalgamation

(2) Articles of amalgamation must

(a) set out the names of the associations that desire to amalgamate;

(b) be in the prescribed form;

(c) set out, in respect of the proposed amalgamated association,

(i) the name of the association,

(ii) the name of every distinct breed and evolving breed in respect of which the association is deemed to be incorporated, and

(iii) the association’s proposed by-laws in respect of the matters referred to in paragraphs 15(1)(a) to (q);

(d) contain a statutory declaration attesting that the members of each of the associations that desire to amalgamate have been consulted in writing in the prescribed manner in relation to the proposed amalgamation and that, with respect to each association, twenty-five per cent or more of the members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amalgamation; and

(e) be submitted in triplicate in the prescribed manner.

Attached declarations

(3) Articles of amalgamation submitted to the Minister must be accompanied by a sworn statutory declaration by a director of each amalgamating association stating that the director believes on reasonable grounds

(a) that the value of the assets of the director’s association exceeds the value of the association’s liabilities;

(b) that no creditor of the director’s association will be prejudiced by the amalgamation; and

(c) that adequate notice of the proposed amalgamation has been given to all known creditors of the director’s association and that no creditor objects to the amalgamation for other than frivolous or vexatious grounds.

Adequate notice

(4) For the purposes of paragraph (3)(c), adequate notice of a proposed amalgamation is given if a notice stating that an association intends to amalgamate with one or more specified associations and that creditors of the association may object to the amalgamation by filing an objection in writing with the association within thirty days after the date of the notice is

(a) sent to each known creditor of the association whose claim against the association exceeds one thousand dollars; and

(b) published once in a newspaper published or distributed in the place where the head office of the association is situated.

Certificate of amalgamation

(5) Where the Minister is satisfied that articles of amalgamation should be approved, the Minister shall issue a certificate of amalgamation in respect thereof.

Endorsement

(6) Where the Minister issues a certificate of amalgamation, the Minister shall

(a) cause to be endorsed on each copy of the articles of amalgamation a statement attesting that a certificate of amalgamation has been issued in respect thereof;

(b) cause two copies of the endorsed articles of amalgamation to be filed in the Department of Agriculture and Agri-Food;

(c) cause the remaining copy of the endorsed articles of amalgamation to be returned to the amalgamated association; and

(d) cause a notice of the issuance of the certificate of amalgamation to be published in the Canada Gazette.

Effect of certificate

(7) On the date shown in a certificate of amalgamation

(a) the amalgamation of the amalgamating associations becomes effective and the amalgamated association comes into existence;

(b) the property of each amalgamating association becomes the property of the amalgamated association;

(c) the amalgamated association is liable for the obligations of each amalgamating association;

(d) every existing cause of action, claim or liability to prosecution of or against an amalgamating association is unaffected;

(e) every civil, criminal or administrative action or proceeding pending by or against an amalgamating association may be prosecuted by or against the amalgamated association; and

(f) a conviction against, or ruling, order or judgment in favour of or against, an amalgamating association may be enforced by or against the amalgamated association.

R.S., 1985, c. 8 (4th Supp.), s. 25; 1994, c. 38, s. 26.

Deemed articles

26. For the purposes of this Act, the articles of amalgamation in respect of which a certificate of amalgamation has been issued shall be deemed to constitute the amalgamated association’s articles of incorporation.


Registration

Registration

27. The registration of animals of a distinct breed shall be in accordance with the by-laws of the association incorporated in respect of that distinct breed.

Eligibility for registration

28. The by-laws of an association relating to the registration of animals of a distinct breed by the association may only provide for the registration of animals whose inheritance traces back to the foundation stock of the distinct breed.

Certificates of registration

29. (1) An association that registers an animal may issue a certificate of registration to evidence the registration.

Certificate is proof

(2) Unless cancelled, and in the absence of any proof to the contrary, a certificate of registration in respect of an animal named therein is proof that the animal is of the breed referred to in the certificate.

Form and contents of certificates of registration

(3) A certificate of registration issued by an association shall be in such form and contain such information as the association requires by its by-laws, but every certificate of registration 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 registration number;

(d) the names and registration numbers of the animal’s parents or, if the name and registration number of one of the parents are unknown, a statement to that effect; and

(e) the name of the animal’s owner.

Additional information

(4) In addition to the information referred to in subsection (3), a certificate of registration issued by an association in respect of an animal of a distinct breed for which purebred is defined in the association’s by-laws must also set out the following information:

(a) if the animal is a purebred, a statement to that effect; and

(b) if the animal is other than a purebred, its percentage of purebred inheritance.


Purebred Status

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.

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

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.

Certificates of identification

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

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.

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

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.

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.

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

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.

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.

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.

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.

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

Corporation established

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

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.

Not agent of Her Majesty

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

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

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

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.

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.

R.S., 1985, c. 8 (4th Supp.), s. 38; 2001, c. 4, s. 57.


Use of Funds

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.

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.

1985, c. 8 (4th Supp.), s. 39; 2004, c. 25, s. 3.

Previous Version

Board of Directors

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.

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.

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.

Re-election

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

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.

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.

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.

R.S., 1985, c. 8 (4th Supp.), s. 40; 2001, c. 27, s. 205.

Chairman

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

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

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.

When by-law has effect

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

1985, c. 8 (4th Supp.), s. 43; 2004, c. 25, s. 4.

Previous Version

General Manager

General Manager

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

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

Membership eligibility

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

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

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.

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.

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

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.

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

Annual meeting

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


Liability

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

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.

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

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.

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.

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.

Right to make copies

(4) The Minister may make copies of any document, paper or thing produced pursuant to this section.

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.

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).

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.

Inquiries

53. 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.

Powers of Minister

54. 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.

Directions to associations

55. 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.

Failure to comply

56. 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

Regulations

57. 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

Minister may order dissolution

58. (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.

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).

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

Registration on behalf of an association

59. (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.

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.

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.

Notice of meetings and annual report

60. 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.

Registration and other rights

61. 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.

Indication of Minister’s approval

62. (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.

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

No person shall keep records

63. (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.

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.

Prohibitions

64. 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.

Unlawful use of names

65. 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.

Offence and punishment

66. (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.

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.

Time for complaint

67. 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

Application

68. (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.

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.

Deemed authority

69. 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.

Examination of existing associations

70. 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.

Situation of animal not covered by Act

71. (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.

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).

Situation of animal not of distinct breed

72. (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.

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.

Situation of more than one association

73. (1) Where, in the course of the examination referred to in section 70, the Minister determines that the articles of incorporation of more than one association refer to the same distinct breed, the Minister, taking into account the purposes of this Act and any other consideration the Minister deems appropriate, shall, by order, designate one of the associations as the association authorized to register the animals of the breed and direct the other association, or associations, as the case may be, to cease issuing certificates of registration in respect of animals of that breed.

Order of dissolution

(2) Where the articles of incorporation of an association that is the subject of an order under subsection (1) directing it to cease issuing certificates of registration in respect of animals of a distinct breed refer only to that distinct breed, the Minister shall by order direct that the association be dissolved in accordance with regulations made pursuant to paragraph 57(b).

Publication of names

74. As soon as practical after the examination referred to in section 70 the Minister shall cause to be published in the Canada Gazette the name of every association referred to in section 68 that, in the opinion of the Minister, may properly continue in existence and the name of each distinct breed and evolving breed in respect of which each such association is authorized to register and identify animals.


Transitional

By-laws

75. (1) The by-laws of an association referred to in section 68 that are in force immediately before the coming into force of this Act remain in force until repealed but the provisions of this Act dealing with the amendment or repeal of by-laws apply thereto.

Validity of certificates of registration

(2) Nothing in subsection 29(3) affects the validity of any certificate of registration issued by an association referred to in section 68 before the coming into force of this Act.

Status of existing purebreds not affected

(3) Nothing in subsection 30(2) affects the status of any animal registered as purebred by an association referred to in section 68 before the coming into force of this Act.


Repeal

76. (Repeal)


Coming Into Force

Coming into force


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