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An Act to amend The Animal Husbandry Act

R.S.M. 1987 Supp., c. 2

An Act to amend The Animal Husbandry Act

Sec. 1 rep. & sub.

1

Section 1 of The Animal Husbandry Act, being chapter A90 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following section is substituted therefor:

Definitions.

1

In this Act

"animal" means any animal that is kept in domestication or captivity and includes any part of an animal whether it is dead or alive; ("animal")

"department" means the Department of Agriculture; ("ministère")

"director" means the Director of the Animal Industry Branch of the Department of Agriculture; ("directeur")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"municipality" includes a local government district; ("municipalité")

"poultry" means any fowl kept under domestication or captivity. ("volaille")

Subsec. 2(1) rep. & sub.

2

Subsection 2(1) of the Act is repealed and the following subsection is substituted therefor:

Definitions.

2(1)

In this Part

"drover" means a person moving animals from one location to another; ("bouvier")

"pound" means any premises where stray animals are confined in accordance with the provisions of this Act or a municipal by-law; ("fourrière")

"poundkeeper" means a person appointed to have charge and supervision over a pound in accordance with the provisions of this Act or a municipal by-law; ("gardien de fourrière")

"run at large" or "running at large" as applied to an animal means that the animal is not under the direct and continuous charge and effective control of a person competent to control it; ("laissé en liberté" ou "mise en liberté")

"stallion" includes a cryptorchid (ridgeling). ("étalon")

Subsecs. 3(2) and (3) rep. & sub.

3

Subsections 3(2) and (3) of the Act are repealed and the following subsections are substituted therefor:

Penalty.

3(2)

Any person who is guilty of an offence to which clause (1)(a), (b) or (e) applies is liable, on summary conviction, to a fine of not less than $100. or more than $200., and in default of payment, to imprisonment for not less than 20 days or more than two months.

Penalty.

3(3)

Any person who is guilty of an offence to which clause (1)(c) or (d) applies is liable, on summary conviction, to a fine of not less than $25. or more than $100., and in default of payment, to imprisonment for not less than 10 days or more than one month.

Subsec. 5(1) rep. & sub.

4

Subsection 5(1) of the Act is repealed and the following subsection is substituted therefor:

Municipal by-laws.

5(1)

The council of any municipality may pass by-laws, applicable to the whole or any part of the municipality

(a) for allowing, restraining, prohibiting, and regulating the running at large or trespassing of animals and poultry and providing for impounding them; for causing them to be sold if not claimed within the time prescribed in the by-law or if damages, fines and expenses are not paid in accordance therewith; and for appraising damages to be paid by the owners of the animals or poultry impounded for trespassing; or

(b) for providing sufficient yards and enclosures for the safekeeping of impounded animals or poultry, and for the appointment of poundkeepers; or

(c) for the release of animals or poultry from pounds upon payment of all damages, fines and expenses for which the poundkeeper has a right to detain them, and for providing for the method in which damages are to be ascertained or appraised, and by whom; or

(d) for determining the compensation to be allowed for services rendered in carrying out the provisions of this Act or by-laws related thereto;

(e) for limiting the right to recover damages for any injury done by animals or poultry permitted by the by-law to run at large and to trespass upon land, or for the trespass, to cases in which the land is enclosed by a fence of the nature, kind and height required by the by-law.

Sec. 6 rep. & sub.

5

Section 6 of the Act is repealed and the following section is substituted therefor:

Control of animals and poultry in municipalities.

6

In addition to the powers conferred in section 5, the council of a municipality may pass by-laws

(a) for regulating, prohibiting or restricting to a specified area or areas the grazing or running at large of animals and poultry;

(b) providing for impounding them and causing them to be sold if not claimed within the time prescribed in the by-law, or if damages, fines and expenses are not paid in accordance therewith; and

(c) for appraising damages to be paid by the owners of animals or poultry impounded for breach of any by-law passed under this section.

Sec. 7 rep. & sub.

6

Section 7 of the Act is repealed and the following section is substituted therefor:

Publication of notice.

7(1)

Where animals or poultry are impounded, the poundkeeper shall, immediately after the impounding and before the sale thereof, cause to be inserted in a newspaper published within the municipality, or if there is no newspaper published in the municipality, then in a newspaper published in the province and having reasonably extensive circulation in the municipality, a notice describing the animals or poultry impounded, the age thereof as nearly as possible, sex and colour, with brand or mark of identification; and a copy of the notice shall be posted in at least two conspicuous places within the municipality.

Notice.

7(2)

The notice to which reference is made in subsection (1) may be in the following form:

Municipality of , pound No. on section No. , in township No. , range No. (or as the case is).

Impounded on the day of , 19 , (kind of animal or poultry and number thereof), colour , age , brand or mark of identification, if any.

A.B.,

Poundkeeper.

Sale after 10 days.

7(3)

An impounded animal or poultry, when not claimed shall not be sold unless it has remained in the pound for 10 days after the notice appears in the newspaper as prescribed in subsection (1) or for such longer period as the by-law provides.

Disposal of proceeds of sale.

7(4)

Where animals or poultry impounded are sold by reason of not being claimed, the poundkeeper shall deliver the proceeds of the sale, after deducting expenses, to the treasurer of the municipality, who shall retain them in a special account for six months after which, if not sooner claimed, they shall go to the general funds of the municipality.

Recovery of deficiency.

7(5)

Where the proceeds of the sale are not sufficient to pay all the expenses, the balance remaining, after applying on the amount of the expenses the proceeds of the sale, may be recovered by the municipality together with costs by action in any court of competent jurisdiction, as a debt due to it from the owner of the animals or poultry.

Proof of debt.

7(6)

In an action brought as mentioned in subsection (5), a statement of the amount of the proceeds, the amount of the expenses, and the balance owing, purporting to be certified by the clerk of the municipality is admissible in evidence as prima facie proof of the debt.

Reimbursement of poundkeeper.

7(7)

The municipality shall pay to the poundkeeper any balance of expenses that have been personally incurred by him, and for which he has not been reimbursed from the proceeds of the sale or otherwise.

By-law given to poundkeeper.

7(8)

The municipality shall deliver to each poundkeeper appointed a copy of the by-law and of this section.

Sec. 8 rep. & sub.

7

Section 8 of the Act is repealed and the following section is substituted therefor:

Duties of finders of stray animal or poultry.

8(1)

The occupant of any premises, on which an animal or poultry has, to his knowledge, been straying, shall immediately notify the owner of such animal or poultry, if known, or a member of the Royal Canadian Mounted Police and the clerk of the municipality thereof, either personally or by mail, describing the animal or poultry as nearly as possible, giving the probable age, sex and colour, with any brand or mark of identification; and the clerk shall keep a record of all such stray animals or poultry and their description as furnished to him, and shall give information respecting them to any person making enquiry, either personally or otherwise.

Penalty.

8(2)

An occupant who neglects to notify the owner and the clerk as provided in this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding $50.

Sec. 9 rep. & sub.

8

Section 9 of the Act is repealed and the following section is substituted therefor:

Notice as to finding of stray animals or poultry, and removal thereof.

9(1)

Any person who finds on his premises, not situated in a municipality, or in his band, herd or flock, a stray animal or poultry that cannot be driven away, may arrest and detain the animal or poultry.

Notice of owner of arrested animal or poultry.

9(2)

Where an animal or poultry is arrested and detained as provided in subsection (1), if the person arresting it knows the owner thereof he shall at once notify him by mail or personal contact of the arrest and detention; and the owner, within three days after being so notified, shall remove the animal or poultry from the premises, band, herd or flock.

Sec. 10 rep. & sub.

9

Section 10 of the Act is repealed and the following section is substituted therefor:

Notice to director.

10(1)

Where the owner fails to remove the animal or poultry upon being notified as provided in section 8, or where the owner of the animal or poultry is unknown, the finder shall at once notify a member of the Royal Canadian Mounted Police and forward to the director a notice to the effect that the animal or poultry is on his premises or in his band, herd or flock, as the facts are; and the notice shall contain the name, location and post office address of the finder and a full description of the animal or poultry, with all its marks, natural or artificial, colour and probable age, and any other remarks bearing on its identification.

Publication.

10(2)

The finder shall also cause the notice to be published in a newspaper published in the province and having reasonably extensive circulation in the territory of the finder.

Secs. 11 to 18 rep. & sub.

10

Sections 11 to 18 of the Act are repealed and the following sections are substituted therefor:

Owner to pay expenses incurred.

11(1)

The owner of any such stray animal or poultry may repossess it upon tender of the amount of the expenses incurred from the day on which notice was given of the finding of the animal or poultry up to the time of tender.

Expenses limited.

11(2)

Where it is made to appear in any proceedings taken for the recovery of the animal or poultry that tender was made to the finder, by or on behalf of the owner, of the amount of the expenses to which the finder is lawfully entitled, and was refused, the finder thereby forfeits all claims to recover the expenses.

Claimant must prove ownership.

11(3)

Before delivering the animal or poultry to the person claiming to be the owner thereof the finder may require from him a statutory declaration stating that he is the owner of the animal or poultry.

Settlement of proper amount by a justice.

12(1)

Where the owner of a stray animal or poultry and the finder are unable to agree as to the amount of the expenses, they shall proceed as provided in subsection (2).

Determination by justice of the peace.

12(2)

Both parties, at any time within 10 days after the date of the notice referred to in subsection 11(1) shall appear before a justice of the peace nearest to the place where the animal or poultry was found, or before such other justice of the peace as the parties agree upon; and, after hearing the parties upon oath, affirmation or otherwise as he deems advisable, the justice of the peace shall determine the amount of the expenses payable and his determination is final.

Fee to justice of the peace.

12(3)

The justice of the peace is entitled to a fee for determining the expenses; and the fee shall be paid by the party against whose contention the justice of the peace determines.

Sale in default of payment.

12(4)

In default of the payment of the expenses so determined, and his fee, within a time to be stated by him, the justice shall sell the animal or poultry, or cause it to be sold, by public auction by any person authorized by him in writing for the purpose, and out of the proceeds of the sale, he shall first pay the expenses of sale and advertising and his fees and then the costs of keeping, if any be allowed, to the finder, and the balance to the owner.

Sale of strays not claimed within 10 days.

13(1)

Where a stray animal or poultry is not claimed within 10 days after the publication of the notice, a justice of the peace, on application made to him by the finder and on satisfying himself that compliance has been made with the provisions of this Part, may sell the animal or poultry or cause it to be sold by public auction in the manner provided in section 11, and may pay the expenses of sale and advertising, and his fee and then the costs of keeping, if any are allowed by him, to the finder, and the balance to the owner, if known, otherwise to the minister.

Proceeding before sale.

13(2)

Before proceeding with the sale, the justice shall examine the animal or poultry and the brands thereon, if any, and the published notice of the finder; and if, on the examination the justice is satisfied that the notice contains an accurate and sufficient description of the animal or poultry, he shall proceed to sell it, but if not so satisfied, he shall direct the finder to insert a notice in the newspaper containing an accurate and sufficient description of the animal or poultry.

Limitation on compensation.

13(3)

The finder is not entitled to receive any compensation for anything done prior to the mailing to the newspaper of the notice.

Finder to produce animal or poultry at sale and present statement of expenses.

14

At the time and place appointed for the sale of a stray animal or poultry, the finder shall attend with the animal or poultry, if reasonably possible, and shall, with the animal or poultry, present a statement of the fees for keeping and expenses incurred in connection therewith to the justice or other person authorized by the justice to offer the animal or poultry for sale.

Return by justice of the peace.

15(1)

The justice shall immediately after the sale under this Part, send to the director, a return in the form set out in the regulations.

Finder to furnish information to director.

15(2)

The finder of any animal or poultry shall on the request of the director, furnish him with such information as he requires in regard to the animal or poultry and the disposal thereof.

Payment of owner's money after receipt by minister.

16

The minister shall pay any money paid to him under this Part, to the owner of the animal or poultry sold, on application therefor within six months from the date of the sale and the production of evidence, satisfactory to him, that the applicant is the owner, otherwise the money shall form part of the Consolidated Fund.

Fees.

17

The fees set out in the regulations are the fees payable under sections 9 to 16.

Cost of radio announcement included in expenses.

18

In addition to all other amounts payable, deductible or recoverable, under this Part in respect of the impounding or finding of a stray animal or poultry, the expenses that

(a) may be deducted by a poundkeeper or for which a municipality is required to reimburse him; or

(b) are payable by, or recoverable from, an owner; or

(c) may be paid or deducted by a justice, after the sale of an animal;

include the reasonable cost of making one announcement by radio, from a broadcasting station in Manitoba, respecting the impoundment or finding of the animal or poultry, if that announcement was made between the hours of 07:00 and 22:00.

Subsec. 19(1) rep. & sub.

12

Subsection 19(1) of the Act is repealed and the following subsection is substituted therefor:

Offences and penalty.

19(1)

Any person who

(a) demands or receives for the keep of any animals or poultry any sum, fee or charge not authorized by this Part; or

(b) rides, drives or otherwise works or uses for his own pleasure or benefit any stray animal or poultry captured or detained under any provision of this Part; or

(c) neglects to notify promptly the owner, if the owner is known, or neglects to forward the notice for which provision is made in this Part to the minister or director in cases where that is required; or

(d) is the owner of a stray animal or poultry and does not, after being notified, take away or repossess the animal or poultry;

is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200.

Secs. 20 and 21 rep.

13

Sections 20 and 21 of the Act are repealed.

Subsec. 22(2) rep. & sub.

14

Subsection 22(2) of the Act is repealed and the following subsection is substituted therefor:

Penalty.

22(2)

Any person who offends against this section is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50. for each animal so driven off; and, in default of payment, to imprisonment for not less than 30 days.

Secs. 23 to 25 rep. & sub.

15

Sections 23, 24 and 25 of the Act are repealed and the following sections are substituted therefor:

Penalty for allowing animals to remain longer than one night and one day.

23

A drover or other person engaged in driving or herding animals who permits the animal of a resident to remain with his drove or herd for a longer period than one day and night, at any one time, is guilty of an offence and is subject to the same penalties as those that are imposed in section 22.

Drovers responsible for damages.

24(1)

Every drover is responsible for damages caused by his animals passing on their way; and he shall not allow animals to run at large or to herd upon private lands, without the consent of the owner or person having the control thereof.

Recovery of damages.

24(2)

A drover who allows his animals so to run at large or to herd upon private lands, without the consent mentioned in subsection (1), is guilty of an offence and is liable, on summary conviction, to a fine of not less than $10.

Liability for damages.

24(3)

A drover who is convicted of an offence under subsection (2) is also liable

(a) to the owner of the lands; or

(b) to the occupant of the lands if the owner is not the occupant thereof;

for such damages as are assessed by three arbitrators, one of whom shall be chosen by each of the interested parties and the third by the two arbitrators so chosen.

Award.

24(4)

The award of the majority of the arbitrators is final and may be filed in the Court of Queen's Bench of the district wherein the damage was done; and, when so filed, the award shall for all purposes be deemed a judgment of the Court of Queen's Bench and is enforceable as such.

Damages in addition to penalty.

25

Nothing herein bars any person from recovering damages from any drover over and above the penalties and award, in any action brought for the purpose.

Sec. 26 rep. and sub.

16

Section 26 of the Act is repealed and the following section is substituted therefor:

Proof of previous knowledge not necessary.

26

In an action brought to recover damages caused by a dog, it is not necessary for the plaintiff to show or prove

(a) that the dog was or is; or

(b) that the owner or keeper or any person who harbours the dog, knew that the dog was or is;

vicious or mischievous or is accustomed to causing injury.

Subsecs. 27(1) and (2) rep. & sub.

17

Subsections 27(1) and (2) of the Act are repealed and the following subsections are substituted therefor:

Mischievous dogs may be ordered to be killed.

27(1)

Where, on the hearing of a complaint before a justice of the peace, it is proved that a dog

(a) is annoying to persons, or animals, or poultry and is in the habit of pursuing, startling or biting them or any of them elsewhere than on the land of its owner or keeper; or

(b) is otherwise mischievous, the justice may, on the hearing of the complaint, order that

(c) the owner or keeper kill the dog; or

(d) on default of the owner or keeper to kill the dog within a time set by the justice, the dog be killed at the expense of the owner or keeper; or

(e) the dog be killed at the expense of the owner or keeper;

and that the owner or keeper pay the costs of the complaint.

Penalty for default.

27(2)

Where the owner or keeper of a dog has been ordered to kill it, he shall be liable to a fine not exceeding $10. for every day the dog is allowed to live after the making of the order.

Subsecs. 27(5) and (6) rep. & sub.

18

Subsections 27(5) and (6) of the Act are repealed and the following subsections are substituted therefor:

Action not barred.

27(5)

A conviction for an offence under this section is not a bar to an action for damages caused by a dog.

Limitation on information.

27(6)

Notwithstanding anything in any other Act of the Legislature, no information or complaint under this section shall be laid or made after the expiration of four years from the time when the matter or cause, giving rise to the information or complaint, arose.

Subsecs. 28(1), (2) and (3) rep. & sub.

19

Subsections 28(1), (2) and (3) of the Act are repealed and the following subsections are substituted therefor:

Definitions.

28(1)

In this Part

"authorized judicial officer" means a provincial judge, a magistrate, a justice of the peace, a medical examiner, or a duly qualified medical practitioner; ("fonctionnaire judiciaire autorisé")

"peace officer" includes every officer under The Forest Act, The Fisheries Act and The Wildlife Act; ("agent de la paix")

"running at large" with reference to a dog, means a dog that is

(a) not in direct or continuous charge of a person competent and capable of controlling the dog; or

(b) not securely confined within an enclosure or otherwise so that it is unable to roam at will; or

(c) running around on property without the consent of the owner of the property. ("laissé en liberté", "en liberté")

Running at large prohibited.

28(2)

No owner of, or person in charge of, a dog shall permit it to run at large at any time anywhere in unorganized territory.

Taking custody of dog running at large.

28(3)

Any person who finds a dog running at large anywhere in unorganized territory may take the dog into custody, and, if the person is not a peace officer, shall deliver it forthwith to a peace officer or to an authorized judicial officer.

Subsec. 28(6) rep. & sub.

20

Subsection 28(6) of the Act is repealed and the following subsection is substituted therefor:

Order for destruction of dog that cannot be captured.

28(6)

Where any person finds a dog running at large anywhere in unorganized territory, if he is unable to take it into custody after making all reasonable efforts to do so, and if in his opinion the dog is dangerous to persons, he may apply, ex parte, to an authorized judicial officer for an order directing that the dog be destroyed and if the name and address of the owner of the dog is known to him he shall disclose that information when making his application; and the authorized judicial officer, if he is satisfied that all reasonable efforts to take the dog into custody have been made without success and that the dog is dangerous to persons, may order that the dog be destroyed by such person as he designates in the order; or, if the name and address of the owner of the dog has been disclosed to him or is known to him, the authorized judicial officer may defer making the order until notice of the application has been served on the owner.

Subsec. 28(10) rep. & sub.

21

Subsection 28(10) of the Act is repealed and the following subsection is substituted therefor:

Application of proceeds of sale of dog.

28(10)

Where a dog is sold under subsection (9), the proceeds of the sale shall be applied towards the payment of the costs of the sale and any surplus remaining shall be paid to the owner of the dog.

Subsec. 28(12) rep. & sub.

22

Subsection 28(12) of the Act is repealed and the following subsection is substituted therefor:

Defence of civil action.

28(12)

Where a civil action is brought against any person for loss alleged to have been caused by the destruction by that person of a dog, it is a good defence for the defendant to show that the dog was inflicting, or that the defendant had reasonable cause to fear that the dog would inflict, physical injury on some person.

Secs. 29, 30 and 31 rep. & sub.

23

Sections 29, 30 and 31 of the Act are repealed and the following sections are substituted therefor:

Dogs may be killed by owner or occupant of premises.

29

Any person who finds a dog disturbing, injuring or destroying animals or poultry on the premises of the owner or possessor of the animals or poultry, unless with the permission of the owner, may kill the dog.

Dogs not to be killed.

30

No person may kill a dog that he or she finds straying on his or her premises whereon animals or poultry are kept unless the dog is worrying, injuring or killing animals or poultry then on the premises.

Secs. 33 to 40 rep. & sub.

24

Sections 33 to 40 of the Act are repealed and the following sections are substituted therefor:

Summons on complaint in writing.

33(1)

On complaint made in writing, on oath or affirmation before a judge, that any person is the owner of a dog that has, within the previous six months, worried, injured or destroyed animals or poultry, the judge may order that the owner kill the dog within three days, and may further order that if he makes default therein he shall be liable to a fine not exceeding $100., and that the dog shall be killed by a constable or other peace officer.

Costs.

33(2)

In addition to any order under subsection (1), the judge may order the owner to pay the costs of the complaint and the expenses of killing the dog, and if default is made in payment of any penalty, costs or expenses, may order the owner to be imprisoned for a period not exceeding 30 days.

Conviction not a bar to action for damage.

34

A conviction for an offence under section 33 is not a bar to an action by the owner or possessor of animals or poultry for the recovery of damages for the injury done to the animals or poultry.

RECOVERY OF DAMAGES FOR ANIMALS OR POULTRY KILLED

Animal or poultry valuers.

35(1)

Every rural municipality, town or village shall, by by-law, appoint one or more persons as valuers of animals or poultry for the purpose of this Act.

Liability of municipality.

35(2)

Whether the owner of a dog that has killed or injured animals or poultry is known or not, the municipality in which the animals or poultry were killed or injured shall be liable to the owner of the said animals or poultry for their fair market value, as determined by a valuer, and shall pay such a sum to the owner of said animals or poultry within 30 days after he has filed with the clerk or secretary of the municipality an affidavit that, to the best of his knowledge and belief the animals or poultry were killed or injured by a dog not owned by him.

Damages listed.

35(3)

The municipality shall not be liable under subsection (2)

(a) unless at the time the animals or poultry were killed or injured they were on the premises of their owner or of a caretaker; or

(b) unless reasonable care was taken to prevent the killing or injuring of the animals or poultry by dogs.

Notice to municipality of loss.

35(4)

Within 24 hours after the owner discovers animals or poultry have been killed or injured, he shall notify the secretary-treasurer or member of council of the municipality who shall forthwith notify a valuer.

Investigation and report of valuer.

35(5)

The valuer shall make full investigation within 72 hours after being required by the municipality to do so, and shall make his report in writing to the clerk or secretary of the municipality, within 10 days thereafter, giving in detail the extent and amount of damage done, and shall at the same time forward a copy of the report to the owner of the animals or poultry.

Where carcasses not to be destroyed.

35(6)

The carcass of the animals or poultry shall not be destroyed until they have been seen by the valuers.

Appeal to minister.

35(7)

If the council is dissatisfied with the affidavit filed by the owner of the animals or poultry under subsection (2), or if the owner of the animals or poultry or the council is dissatisfied with the report of the valuer, an appeal may be made to the minister who may authorize the appointment of a board of three arbitrators, the chairman to be named by the minister, one arbitrator by the council and one by the owner of the animals or poultry; and the board shall make a further investigation and its award shall be final and conclusive as to the cause of the death or of injury to the animals or poultry and as to the amount of damage done, if any.

Deposit

35(8)

An appeal under subsection (7) shall be made within 30 days after the date of the valuers report, and the appellant shall deposit $50. with the minister which shall be forfeited if the report of the valuer is sustained.

Right of recovery from owner of dog.

36(1)

A municipality, having paid to the owner of the animals or poultry the amount of the damages ascertained as provided in section 35, may recover the amount so paid from the owner of the dog or from any other municipality involved, in any court of competent jurisdiction.

Powers of inquiry.

36(2)

In order to ascertain the owner of a dog that has killed or injured animals or poultry, the clerk or secretary of the municipality may, on the instructions of the municipality, issue a subpoena calling upon any person to attend before the council to be examined under oath with respect to establishing the ownership of the dog.

Apportionment of damage.

37(1)

Where it appears that the damage was caused by two or more dogs, the court may apportion the amount recoverable and may make such order as to costs as seems just.

Consolidation of actions.

37(2)

Actions or proceedings for damages to animals or poultry occasioned by dogs of the same or different owners or keepers may be consolidated and tried together by the court or magistrate; and, for the purpose of determining the limit of the magistrate's jurisdiction in any consolidated action before him, each action, though consolidated or tried with another action, shall be deemed to be a separate action.

Apportionment of damages.

37(3)

In an action or consolidated action for damages to animals or poultry occasioned by more than one dog, the court or magistrate may determine and adjudge the proportion of the damage that was done by each dog, and may give judgment accordingly; and, notwithstanding the adjudication, proceedings may subsequently be had to recover against its owner or keeper, or against a municipality, if liable, the damage done by any other dog, and a like apportionment made in the subsequent proceedings.

Exemption from liability.

38(1)

No liability attaches to the municipality, and no action shall be brought against the municipality, unless within 72 hours after the killing or injury, written notice thereof is given to the municipality by leaving it with the clerk or with a member of the council; and the notice shall contain a brief account of the happenings, the time and place thereof, and the name and address of the owner of the animals or poultry and may be signed by the owner or anyone on his behalf.

Limitation on actions.

38(2)

Any action against a municipality under this section shall be commenced within three months after the killing or injury to the animals or poultry.

Non liability of municipality.

38(3)

A municipality is not liable for damage incurred where

(a) the owner has not taken reasonable care to prevent the killing or injury of his animals or poultry by dogs; or

(b) the animals or poultry, while running at large upon a highway or unenclosed land, were killed or injured by dogs.

Sec. 41 rep. & sub.

25

Section 41 of the Act is repealed and the following section is substituted therefor:

Definitions.

41

In this Part

"brand" means any letter, sign, numeral, mark or combination thereof, permanently marked or to be marked upon animals with a hot or cold iron, and includes both the location upon the animal of the marking and the recording of the marking and location as allotted; ("marque")

"identification brand" means a symbol, letter or numeral impressed or to be impressed on the hide of animals for a purpose other than to indicate ownership; ("marque d'identification")

"inspector" means an inspector appointed under this Act; ("inspecteur")

"regulation" means the regulations made under this Part. ("règlement")

Secs. 43 and 44 rep. & sub.

26

Sections 43 and 44 of the Act are repealed and the following sections are substituted therefor:

Application for brand and fee.

43

Any person desiring the allotment, re-allotment or renewal of a brand, may make application therefor to the director and the application shall be accompanied by such fee as is prescribed in the regulations.

Registration.

44

The director, upon being satisfied that the application is in conformity with this Part, and that no other person has been allotted the same marking or brand, shall, pursuant thereto, allot, renew, or re-allot to the applicant a brand, record it in the register, and deliver or transmit to the applicant a certificate of the allotment, renewal or re-allotment; and the applicant is thereupon the owner of the brand.

Sec. 45 rep.

27

Section 45 of the Act is repealed.

Secs. 46 and 47 rep. & sub.

28

Sections 46 and 47 of the Act are repealed and the following sections are substituted therefor:

Selection of brand.

46

The selection of the brand to be allotted to an applicant is in the discretion of the director.

Evidence of ownership of brand.

47

The production of a certificate of the recording of a brand duly allotted according to this Act and purporting to be signed by the director, is evidence of the ownership of the brand.

Sec. 49 rep. & sub.

29

Section 49 of the Act is repealed and the following section is substituted therefor:

Evidence of ownership.

49

The owner of any subsisting recorded brand has the exclusive right to the use thereof; and that brand upon animals is evidence in any court that the animals are the property of the owner of the brand.

Sec. 50 rep.

30

Section 50 of the Act is repealed.

Sec. 51 rep. & sub.

31

Section 51 of the Act is repealed and the following section is substituted therefor:

Assignment of brand.

51(1)

The ownership of, and the right to use, any recorded brand may be assigned by an assignment in such form as may be prescribed by the regulations and executed by the owner named in the certificate in the presence of a witness verified by the affidavit of the witness.

Certificate lost, new one issued.

51(2)

An assignment of a brand may be filed with the director, together with the original certificate of record, or an affidavit by the owner that the certificate of record has been lost; whereupon the director shall issue a new certificate to the assignee under a new number, but having the same brand markings and showing on its face that it is in lieu of the original certificate; and the assignee shall pay therefor such fee as is prescribed in the regulations.

Sec. 52 rep.

31.1

Section 52 of the Act is repealed.

Sec. 53 rep. & sub.

32

Section 53 of the Act is repealed and the following section is substituted therefor:

Sales of branded animals.

53

Upon every transfer of any animal marked with the recorded brand of the transferor, the transferor shall issue a bill of sale of branded animals stating brand, color and sex; and where the brand is also transferred, the transferor shall provide the transferee with a bill of sale for the brand.

Sec. 54 rep. & sub.

33

Section 54 of the Act is repealed and the following section is substituted therefor:

Cancellation by director.

54

Where two or more owners of animals have the same or conflicting recorded brands, the director may authorize the cancellation of the brand last recorded or, with the consent of the owner thereof, of any brand previously recorded; and may allot another in lieu thereof without charge.

Subsecs. 55(1) and (2) rep. & sub.

34

Subsections 55(1) and (2) of the Act are repealed and the following subsections are substituted therefor:

Cancellation of rights to brands allotted under Act.

55(1)

All brands allotted under this or any other Act and, save as in this section provided, all rights of the owner thereto or thereunder, shall, after notice by the director to the owner, mailed to his last known address or by documented telephone contact, be cancelled and determined according to time schedules set out in the regulations.

Renewal.

55(2)

During the year in which a brand is liable to be cancelled, the ownership thereof may be renewed for a further period of five years from the end of that year; and, if the brand has been cancelled, the owner, subject to the approval of the minister, may apply for the re-allotment to him of the same brand.

Secs. 56 to 60 rep. & sub.

35

Sections 56 to 60 of the Act are repealed and the following sections are substituted therefor:

Appointment of inspectors.

56(1)

The minister may appoint such inspectors as may be required to administer and enforce this Act.

R.C.M.P. as inspectors.

56(2)

Every member of the Royal Canadian Mounted Police is an inspector under this Act and has the same powers and duties as are conferred or imposed on an inspector under this Act and regulations made thereunder or under any other Act of the Legislature relating to animals.

Powers of inspectors.

56(3)

An inspector, on producing proper identification, may

(a) inspect animals, a carcass or a hide for evidence of a brand, ownership or proof of purchase and for that purpose, after taking reasonable steps to notify the owner, operator, agent or occupant thereof, may, without warrant enter into any land or into any vehicle or structure other than a private dwelling house; or

(b) stop and inspect a vehicle that the inspector has reason to believe contains livestock, meat or hides, contrary to the provisions of this Act or the regulations; or

(c) detain any vehicle containing livestock, meat or hides whose ownership is in doubt and direct that the vehicle and the livestock, meat or hides be taken to a place designated by the inspector.

Animals not to be moved.

56(4)

Where an inspector has caused any animal to be detained under this section, the animals may not be removed from the place where the animals are detained until authorization to do so is given by the inspector.

Offences and penalties.

57

Any person who

(a) brands animals

(i) with a brand other than that of the owner of the animals, or

(ii) with an unregistered brand, or

(iii) with an identification brand not authorized by the regulations; or

(b) unlawfully has in his possession animals branded with an unregistered brand, with an unauthorized identification brand or with a brand other than that of the owner of the animals; or

(c) alters, defaces or obliterates a brand or identification brand on an animal or animal hide without the consent of the owner; or

(d) at the request of an inspector refuses to stop a vehicle under the person's control or who otherwise disobeys a direction or order given by an inspector under this Act; or

(e) removes the hide from animals, unless he is the owner or a person authorized by the owner or is an inspector;

(f) willfully hinders or interferes with an inspector in the performance of the inspector's duty; or

(g) presents animals for inspection without authority of the owner; or

(h) describes animals or brands incorrectly on a bill of sale, or bill of lading;

is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $2,000. or to imprisonment for a term not exceeding one year.

Animals transportation requirements.

58(1)

No person shall transport animals within Manitoba unless the person has in the immediate possession of the person at all times during such transportation an animals bill of lading, a bill of sale, brands registration certificate or other legal documentation necessary to show proof of ownership for the animals.

Identification document

58(2)

Every person transporting animals of two or more contributors shall have in his possession separate documentation to identify the animals of each contributor.

Sec. 61 rep. & sub.

36

Section 61 of the Act is repealed and the following section is substituted therefor:

Searches.

61

Any person may search or procure the search of the record of brands and obtain certified extracts therefrom during the regular business hours of the department upon payment of such fee as is prescribed in the regulations.

Secs. 90 to 95 rep. & sub.

37

Sections 90 to 95 of the Act are repealed and the following sections are substituted therefor:

Definitions.

90

In this Part

"area protection" means limiting the number of technician licences issued per designated area to the number necessary to maintain a satisfactory ongoing service; ("limitation de région")

"artificial insemination" means the depositing of semen in the reproductive tract of a female livestock other than by natural means; ("insémination artificielle")

"designated area" means a livestock production area where a technician commitment has been made and ongoing producer satisfaction warrants extending area protection to preserve the services; ("région désignée")

"director" means the Director of the Veterinary Services Branch of the Department of Agriculture; ("directeur")

"embryo" means the offspring of livestock in the early stages of utero development; ("embryon")

"embryo implant" means the depositing of an embryo in the reproductive tract of some other female livestock; ("implantation d'embryon")

"embryo transfer" means the collection, isolation, processing and transfer of embryos from one female livestock to other female livestock; ("transplantation d'embryon")

"embryo transfer centre" means a person engaged in the business of producing, collecting, isolating, processing and transferring or selling embryos; ("centre de transplantation d'embryons")

"licence" means a licence issued under this Part; ("licence")

"licensee" means a semen production centre or embryo transfer centre, or a distribution agency thereof, or a technician or practitioner licensed under this Part; ("titulaire d'une licence")

"livestock" means cattle, swine, horses, sheep or goats; ("animaux de ferme")

"practitioner" means a person holding a degree in veterinary medicine or advanced qualifications in an applicable science who is engaged in artificial insemination or embryo transfer; ("praticien")

"producer" means a person who owns livestock on which artificial insemination or embryo transfer is performed; ("éleveur")

"semen" means the generative fluid from male livestock; ("sperme")

"semen production centre" means a person engaged in the business of producing, processing, promoting or selling livestock semen; ("centre de production de sperme")

"technician" means a person who has passed an approved course or courses and is engaged in artificial insemination or embryo implant or transfer; ("technicien")

"technician commitment" means a commitment to reside in and provide the producers of a designated area with competent technical service and equal access to semen and embryos from all common suppliers. ("engagement")

Humane practices.

91

Every person performing artificial insemination or embryo transfer shall use care to prevent injury or suffering to the livestock.

Disease prevention requirements.

92(1)

Every person performing artificial insemination or embryo transfer shall use such disease prevention requirements as may be prescribed in the regulations.

Semen and embryos to be disease free.

92(2)

No person engaged in or carrying on a semen production centre or an embryo transfer centre, or distribution agency thereof, shall sell semen or embryos from livestock that do not test negative to infectious diseases or representative samples of which do not prove negative to laboratory tests for pathogenic micro-organisms.

Periodic submission of samples.

92(3)

The director may order at the expense of the semen production centre or embryo transfer centre, or distribution agency thereof, the required submission of representative semen or embryo samples for laboratory examination to determine the pathogen free status of the semen or embryo batch or batches being offered for sale.

Destruction of semen or embryos.

92(4)

The director may order that semen or embryos be seized and destroyed if the director believes on reasonable and probable grounds that the livestock from which the semen or embryo was drawn is or was affected with, or exposed to, an infectious or contagious disease capable of being transmitted in semen or embryos, or a representative sample of the semen or embryo is determined on laboratory examination to contain pathogenic micro-organisms.

Distribution requirements.

93

A semen production centre or an embryo transfer centre, or distribution agency thereof, shall provide a fair and equitable availability, to all potential buyers, of all of the products on which that business's sales promotion is based.

Licence required.

94(1)

No person shall carry on or operate a semen production centre or an embryo transfer centre, or act as a distribution agency thereof, unless he holds a licence issued by the director as prescribed in the regulation for the respective purposes.

Director may refuse to issue licence.

94(2)

The director shall not issue a licence to a person to operate a semen production centre, or an embryo transfer centre, or to act as a distribution agency thereof, unless he is satisfied that the applicant is likely to fulfil the requirements of this Part.

Technician training and licensing.

95(1)

Artificial insemination and embryo implant or transfer courses shall include training on adequate humane practises, disease prevention procedures, artificial insemination and embryo implant or transfer techniques and sufficient practise to become thoroughly adept at the respective processes and the keeping of records of same.

Approval of training course by director.

95(2)

No person shall offer an artificial insemination or embryo implant or transfer course unless

(a) the location of the course;

(b) the information and material aids to be used;

(c) the premises and facilities to be used;

(d) the number, type and condition of the animals to be used;

(e) the humane practises and care to be observed; and

(f) the number of participants and proposed assessment of the participants;

are authorized and approved by the director.

Director may refuse to authorize course.

95(3)

Where, in the opinion of the director, an area is well served and is not in need of an artificial insemination or embryo implant or embryo transfer technician training course, he may refuse to authorize the said course or courses for that area.

Technician licence required.

95(4)

No person shall act as an artificial insemination, embryo implant or embryo transfer technician unless he holds a valid licence or licenses issued by the director as prescribed in the regulation for the respective purposes.

Licences issued on designated area basis.

95(5)

The licensing of artificial insemination, embryo implant and embryo transfer technicians shall be conducted on a designated area by a designated area basis to protect and preserve ongoing satisfactory technical and resource person services for each area.

Technicians licensed as sales agents.

95(6)

Artificial insemination, embryo implant and embryo transfer technician may be licensed to act as a semen and embryo sales agent of the Manitoba Semen Distribution Centre in offering semen and embryos from all available suppliers for sale at accredited prices to the livestock producers of their designated area.

Technician licensees obligated to livestock producers.

95(7)

Every artificial insemination, embryo implant and embryo transfer technician shall be licensed as a designated area resource person under the prime obligation that he serve his livestock producer interests in providing competent technician services; in fairly advising on the relative breeding performances, sire proofs and production records of all livestock from which semen and embryos are being offered for sale; and in providing the livestock producers of his designated area with an equal access of semen and embryos from all suppliers which are readily available to producers through the Manitoba Semen Distribution Centre.

Area protection for licensees.

95(8)

The number of artificial insemination, embryo implant and embryo transfer technician licences issued per designated area shall be limited to the number of persons shown necessary to provide and maintain an ongoing satisfactory service in the respective activities to the area.

Director may refuse to issue a licence or licences.

95(9)

The director shall not issue a licence or licences to act as an artificial insemination, embryo implant or embryo transfer technician unless he is satisfied that that person is a resident of the designated area applied for and has attained the training and qualifications prescribed in the regulation for the licence or licences and will represent the livestock producer interests of his designated area in making an equal access of semen and embryos from all suppliers readily available and will fulfill the requirements of this Part.

Practitioner licence required.

95(10)

No person shall act as an embryo transfer practitioner unless he holds a valid licence issued by the director as prescribed in the regulations for the respective purpose.

Director may refuse to issue licence.

95(11)

The director shall not issue a licence to act as an embryo transfer practitioner unless he is satisfied that person has attained the training and qualifications prescribed in the regulation for the licence and will fulfill the requirements of this Part.

Sec. 96 rep. & sub.

38

Section 96 of the Act is repealed and the following section is substituted therefor:

Suspension and cancellation of licences.

96(1)

Where a licensee, in the opinion of the director, fails, refuses or neglects to comply with any provision of this Part or the regulations or where the director has reason to believe that a licensee has committed or is committing a breach of this Part or the regulation, the director shall serve on the licensee, by registered mail, a written notice of his intent to suspend or cancel the licence of the licensee, together with written reasons therefor.

Dispute of notice to suspend or cancel licence.

96(2)

A licensee who receives a notice under subsection (1) may, within 10 days of the date thereof

(a) in writing sent by registered mail to the director dispute the reasons given by the director in the notice of intent to suspend or cancel his licence stating the grounds or reasons therefor; or

(b) in writing sent by registered mail to the director indicate that he intends within a specified time to correct the matters raised by the director in the notice of intent to suspend or cancel his licence.

Notification of hearing.

96(3)

Where, under subsection (1), the director has given a licensee a notice of intent to suspend or cancel his licence and the director has not received a reply in accordance with subsection (2) or has received a reply and is not satisfied therewith, the director shall in writing notify the licensee that a hearing will be held by the director to determine

(a) whether the licence of the licensee should be suspended; or

(b) whether the licence of the licensee should be cancelled;

and shall in writing give notice of the date, time and place of the hearing.

Date of hearing.

96(4)

The date fixed by the director for a hearing under this section shall be at least 20 clear days from the date of notice given by the director pursuant to subsection (3) and the licensee as well as the director has a right to be represented at the hearing by counsel, to adduce evidence and to make submissions.

Action of director after hearing.

96(5)

After the completion of a hearing under this section, the director may

(a) revoke the notice of intent to suspend the licence; or

(b) suspend the licence for a stated period; or

(c) cancel the licence;

and in writing, not later than five clear days after the completion of the hearing, notify the licensee of his decision.

Appeal.

96(6)

Any person who is refused a licence or whose licence is suspended or cancelled by the director may within 30 days of the notification of the refusal, suspension or cancellation, appeal the refusal, suspension or cancellation to the Artificial Insemination and Embryo Transfer Board.

Service of notice of appeal on director.

96(7)

The appellant shall, within seven days after the date of the filing of the appeal, by registered mail, serve a copy of the notice of appeal on the director and on the hearing of the appeal, the director may appear and tender evidence and may be represented by counsel.

Disposition of appeal.

96(8)

Upon completion of the hearing of an appeal under this section, the Artificial Insemination and Embryo Transfer Board may

(a) dismiss the appeal;

(b) reverse the refusal, suspension or cancellation of the licence.

Sec. 97 rep. & sub.

39

Section 97 of the Act is repealed and the following section is substituted therefor:

Semen and embryo distribution.

97(1)

The minister may authorize the director to engage in the following activities to ensure that Manitoba producers are given ready access at reasonable prices to whatever semen and embryos are or may be marketed in Canada

(a) to establish the Manitoba Semen Distribution Centre with the staff and equipment required to purchase, store, sell and distribute livestock semen, embryos and supplies;

(b) to enter into purchase agreements with continent wide accredited semen production and embryo transfer centres;

(c) to make available a full choice of the livestock semen and embryos purchased to all livestock producers;

(d) to distribute livestock semen and embryos fairly and equitably throughout the province;

(e) to adopt quality and disease control measures required to protect the livestock industry;

(f) to enter into subsidy agreements with the licensed technicians who act as Manitoba Semen Distribution Centre agents in providing their livestock producers with reasonable access and price to all semen and embryos marketed through the Centre and assist such technicians in maintaining an ongoing satisfactory service to their area;

(g) to provide parent unit status for technicians and practitioners;

(h) to produce and distribute sire selection and embryo catalogues;

(i) to otherwise engage in such activities which may assist in the improvement of livestock through good breeding.

Operation fund.

97(2)

Moneys required for carrying out the provisions of subsection (1) may be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for those purposes.

Purchase of semen, embryos and supplies.

97(3)

Notwithstanding anything contained in The Government Purchases Act, the minister may authorize the director to purchase semen and embryos and artificial insemination and embryo transfer supplies for resale as may be required.

Subsecs. 98(1), (3) and (4) rep. & sub.

40

Subsections 98(1), (3) and (4) of the Act are repealed and the following subsections respectively, are substituted therefor:

Advisory and appeal board.

98(1)

There is hereby established an advisory and appeal board under the name "The Artificial Insemination and Embryo Transfer Board" appointed by the Lieutenant Governor in Council and composed of the nine persons elected pursuant to subsection (3).

Composition of board.

98(3)

The producers of each of the five regions shall elect a producer from their region and the Manitoba Artificial Insemination Association shall elect two technicians from among their members and the Manitoba division of the Canadian Embryo Transfer Association shall elect two practitioners from among their members to be appointed to the board.

Term of office.

98(4)

Except as otherwise provided in this subsection, each member of the board shall serve for a term of three years and thereafter until his successor is appointed; but of the members appointed to the first board three shall serve for a term of one year and three for a term of two years and three for a term of three years.

Sec. 99 rep. & sub.

41

Section 99 of the Act is repealed and the following section is substituted therefor:

Function of board.

99

The board shall advise the minister on all aspects pertaining to artificial insemination and embryo transfer in livestock.

Secs. 100 to 103 rep. & sub.

42

Sections 100 to 103 of the Act are repealed and the following sections are substituted therefor:

Records and returns.

100(1)

Every semen production centre and embryo transfer centre, and every distribution agency thereof, shall submit a monthly report, to the director, in the form and containing such information regarding semen and embryo transactions carried on by them as prescribed in the regulation, within 30 days from the last day of the month for which the report is being made.

Records to be kept.

100(2)

Every technician and practitioner shall keep proper records immediately after each artificial insemination or embryo transfer performed by him on the forms prescribed in the regulation and shall

(a) leave one copy with the owner;

(b) submit one copy of each weekly to the director.

Semen and embryo inventory.

100(3)

Every technician and practitioner shall also keep and submit a monthly semen and embryo inventory report to the director in the form prescribed in the regulation, within 10 days from the last day of the month for which the report is being made.

Inspection.

101

Every person operating a semen production centre or embryo transfer centre, or distribution agency thereof, or carrying on the artificial insemination or embryo implant or embryo transfer of livestock shall make his premises, livestock, business vehicles and records available for inspection at all reasonable times by the director or his authorized representative, who may conduct such tests or examination as may reasonably be required.

Penalties.

102

Every person who violates any provision of this Part or of the regulation is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200. and not more than $2,000. and, in default of payment of the fine, to imprisonment for a term not exceeding four months.

Regulations.

103

For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith, and every regulation made under, and in accordance with the authority granted by, this section has the force of law, and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing the establishment, operation and pricing policies of the Manitoba Semen Distribution Centre;

(b) prescribing general and specific disease prevention requirements and tests to certify disease free status of donor animals, semen and embryos;

(c) prescribing quality, standards and requirements for animal semen and embryos offered for sale;

(d) prescribing the requirements of and the minimum standards for semen production and embryo transfer centres;

(e) prescribing the training and qualifications required for each technician and practitioner classification and licence;

(f) prescribing the conditions for the issuing of licences to semen production and embryo transfer centres and distribution agencies thereof and technicians and practitioners and the renewal, suspension and revocation thereof;

(g) prescribing the form and classifications of licences and area designations empowered under this Part and the fees payable for licences;

(h) respecting the paying of Manitoba Semen Distribution Centre agency subsidies to technicians;

(i) prescribing the powers and duties of the Artificial Insemination and Embryo Transfer Board;

(j) respecting the keeping of records and the making of returns or the furnishing of information by persons in charge of semen production and embryo transfer centres and distribution agencies thereof and by technicians and practitioners;

(k) prescribing forms for use under this Part;

(l) exempting any person from compliance with this Part or the regulation or any portion thereof;

(m) generally for the better carrying out of this Part.