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The Animal Husbandry Act
This is an unofficial archived version of The Animal Husbandry Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. A90

The Animal Husbandry Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act,

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

"minister" means the Minister of Agriculture; ("ministre")

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

PART I

RESPECTING STRAY ANIMALS

Definitions.

2(1)

In this Part,

"animal" means any animal of husbandry, but does not include a dog or domesticated fowl; ("animal")

"fowl" means domesticated fowl; ("oiseau de basse-cour")

"run at large" means, subject to subsection (2), not being under control of the owner, either by being in direct or continuous charge of a herder or by confinement within an enclosure; ("laissé en liberté" ou "mise en liberté")

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

Power of municipal council.

2(2)

The council of a municipality may, by by-law, provide that, for the purposes of this Act within the municipality, the words "run at large" mean not being under control by confinement within an enclosure, except in the case where animals are being driven from one enclosure to another in direct or continuous charge of a herder.

RESTRICTIONS UPON RUNNING AT LARGE

Certain animals not to run at large.

3(1)

No owner or person in charge of any of the following described animals, any municipal by-law to the contrary notwithstanding, shall allow them to run at large at any of the respective times following:

(a) stallions, of one year old or upwards, at any time of the year;

(b) bulls, over nine months old, at any time of the year;

(c) rams, over four months old, from August 1 to April 1;

(d) boars, over three months old, at any time of the year; and

(e) animals suffering from any contagious or infectious disease, at any time.

Penalty.

3(2)

Any person who is guilty of an offence to which clause (l)(a), (b) or (e) applies is liable, on summary conviction, to a fine of not less than $25. and not more than $50., and in default of payment, to imprisonment for not less than 20 days or more than two months.

Penalty cl. (l)(c) or (d).

3(3)

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

Liability of owners or caretakers for damage done.

4

The owner of an animal that is, by this

Part or a municipal by-law, prohibited from running at large is liable for any damage done by the animal, although the property of the complainant is unfenced or the fence is not of the kind or height required by this Part or the by-law; and the owner or occupant of any land is responsible for any damage caused by any animal under his charge and keeping, as though the animal were his own property.

IMPOUNDING IN MUNICIPALITIES

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 fowl 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 animals or fowl impounded for trespassing;

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

(c) for the release of animals or fowl 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;

(d) for determining the compensation to be allowed for services rendered in carrying out the provisions of any Act or by-law, with respect to animals or fowl impounded or distrained and detained in the possession of the distrainor;

(e) for limiting the right to recover damages for any injury done by animals 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.

Effect and notice of by-law.

5(2)

Every such by-law shall remain in force for a period of at least one year from the date on which it is passed; and the council shall give public notice of the passing of the by-law by causing a copy of it to be posted up in at least two conspicuous places within the municipality or the portion thereof affected thereby.

Control of animals in municipalities.

6

In addition to the powers conferred in section 5, the council of a municipality as defined in The Municipal Act may pass by-laws for

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

(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 fowl impounded for breach of any by-law passed under this section.

Publication of notice.

7(1)

Where animals are impounded, the poundkeeper shall, immediately after the impounding and before the sale thereof, cause to be inserted in an issue of The Manitoba Gazette and also in a newspaper published within the municipality, or if there is no newspaper published in the municipality, then in one published in the province and having reasonably extensive circulation in the municipality, a notice describing the animals impounded, the age thereof as nearly as possible, sex and colour, with brand or any mark of identification.

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 and number thereof), colour , age , brand or mark of identification, if any.

A.B.,

Poundkeeper.

Fee $1.

7(3)

A fee of $1. shall be paid the Queen's Printer for the insertion of the notice in The Manitoba Gazette.

Sale after 15 days.

7(4)

An impounded animal, when not claimed, shall not be sold unless it has remained in pound for 15 days or for such longer period as the by-law provides.

Disposal of proceeds of sale.

7(5)

Where animals or fowl 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 one year after which, if not sooner claimed, they shall go to the general funds of the municipality.

Recovery of deficiency.

7(6)

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 fowl.

Proof of debt

7(7)

In an action brought as mentioned in subsection (6), 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(8)

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(9)

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

STRAY ANIMALS IN MUNICIPALITIES

Duties of tinders of stray animal.

8(1)

The occupant of any premises, on which an animal has, to his knowledge, been straying for a period of two weeks shall immediately upon the expiration of that period, notify the clerk of the municipality thereof, either personally or by mail, describing the animal as nearly as possible, giving the age, sex and colour, with any brand or mark of identification; and the clerk shall keep a record of all such stray animals and their descriptions as furnished him, and shall give information respecting them to any person making inquiry.

Penalty.

8(2)

An occupant who neglects to notify the clerk as provided in this section, is guilty of an offence and liable, on summary conviction, to a fine not exceeding $10.

STRAY ANIMALS IN UNORGANIZED TERRITORY

Notice as to finding of stray animals, 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 that cannot be driven away, may arrest and detain the animal.

Notice of owner of arrested animal.

9(2)

Where an animal 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 of the arrest and detention; and the owner, within 10 days after being so notified, shall remove the animal from the premises, band, herd, or flock.

Notice to minister.

10(1)

Where the owner fails to remove the animal upon being notified, as provided in section 9, or where the owner of the animal is unknown, the finder shall at once forward to the minister a notice to the effect that the animal 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, with all its marks, natural or artificial, colour and probable age, and any other remark bearing on its identification.

Publication.

10(2)

The finder shall also cause the notice to be published in The Manitoba Gazette.

Gazette sent to nearby post offices.

10(3)

A copy of The Manitoba Gazette containing the notice shall, at the expense of the finder, be forwarded by the Queen's Printer to every post office within 25 miles of the premises of the finder.

Owner to pay expenses incurred.

11(1)

The owner of any such stray animal 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 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 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 claim to recover the expenses.

Claimant must prove ownership.

11(3)

Before delivering the animal 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.

Settlement of proper amount by a justice.

12(1)

Where the owner of a stray animal and the finder are unable to agree as to the amount of the expenses, they at any time within 10 days thereafter shall appear before a justice nearest to the place where the animal was found, or before such other justice as the parties agree upon; and, after hearing the parties upon oath or otherwise as he deems advisable, the justice shall determine the amount of the expenses payable and his determination is final.

Fee to justice.

12(2)

The justice is entitled to a fee of $1. for determining the expenses; and the fee shall be paid by the party against whose contention the justice determines.

Sale in default of payment.

12(3)

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 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 stray animal not claimed within one month.

13(1)

Where a stray animal is not claimed within one month 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 cause it to be sold by public auction in the manner provided in section 12, 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.

Proceedings before sale.

13(2)

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

Limitation on compensation.

13(3)

The finder is not entitled to receive any compensation for anything done prior to the mailing to The Manitoba Gazette of the last mentioned notice.

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

14

At the time and place appointed for the sale of a stray animal, the finder shall attend with the animal, if reasonably possible, and shall, with the animal, 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 for sale.

Return by justice of the peace.

15(1)

The justice shall immediately after the sale under this Part, send to the minister a return in the form set out in Schedule A as Form 1.

Finder to furnish information to minister.

15(2)

The finder of any animal shall on the request of the minister furnish him with such information as he requires in regard to the animal 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 sold, on application therefor within one year 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.

OFFENCES, FEES, AND PENALTIES

Fees.

17

The fees set out in Schedule B 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, 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, if that announcement was made between the hours of seven o'clock in the forenoon and ten o'clock in the afternoon.

Offences and penalty.

19(1)

Any person who

(a) demands or receives for the keep of any animals 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 horse or ox 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 in cases where that is required; or (d) is the owner of a stray animal and does not, after being notified, take away or repossess the animal;

is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50.

Civil remedies of owner not taken away.

19(2)

Nothing in this section prevents the owner of an animal taken, ridden, or driven off, improperly treated or worked, bringing a civil action for damages in addition to any penalty imposed hereunder.

Confiscation of vehicles for offences under Criminal Code.

20(1)

Where a person is convicted

(a) under the Criminal Code (Canada) of theft of cattle, swine, sheep, goats or horses;

(b) of an offence under section 312 of the Criminal Code (Canada) of unlawfully having in his possession cattle, swine, sheep, goats or horses that he knew had been obtained by theft; or

(c) of an offence under section 298 of the Criminal Code (Canada)

any vehicle used by the person in the commission of the offence or in transporting the cattle, swine, sheep, goats or horses is confiscated and becomes the property of the Crown in right of Manitoba, to be disposed of as the minister may direct.

Minister may release vehicle.

20(2)

Where the minister is satisfied that the seizure of any vehicle under this section is causing undue hardship or injustice, he may direct that it be returned to any person, other than the person who was convicted of the offence, who claims an interest in the vehicle as owner, mortgagee, lienholder or holder of any like interest, on such terms and conditions as he may determine.

Minister may direct disposal of vehicle.

20(3)

Where a vehicle has been confiscated and becomes the property of the Crown in right of Manitoba under subsection (1), if the vehicle is not released under subsection (2), the minister may dispose of the vehicle for and on behalf of the Crown in right of Manitoba in such manner as he may direct.

Disposal of moneys received from sale of vehicles.

20(4)

Where moneys are received by the government from disposal under this section of a vehicle that has been confiscated and has become the property of the Crown in right of Manitoba under subsection (1), there shall be paid by the government, on the requisition of the minister, to the owner of the cattle, swine, sheep, goats or horses in respect of which the offence was committed, the amount of any loss or damage suffered by the owner not exceeding the balance of the moneys received from the disposal of the vehicle.

RUNNING AT LARGE IN UNORGANIZED TERRITORY

When animals may run at large in unorganized territory.

21(1)

Subject to section 3, the Lieutenant Governor in Council, on receipt of petitions signed by not less than half of the farmers or ranchers resident in the territory comprised in townships 22 to 35 in ranges 11 to 14 west of the Principal Meridian, and in townships 17 to 26 in ranges 8 to 14 east of the Principal Meridian, may, by order, permit animals to run at large within the territory for the period from April 1 to December 1 in any year.

Other part of Act not to apply.

21(2)

During the period for which the permission is effective, the preceding provisions of this Part respecting stray animals that are inconsistent with this section are not applicable to the territory.

Action for damages in fence range area.

21(3)

No action lies for damage alleged to have been caused by any animal in the territory during the period for which the permission is effective unless the property on which the alleged damage occurred is fenced at the time of the occurrence with a fence of posts placed not more than one rod apart and carrying at least two strands of barbed wire or poles.

DUTIES OF DROVERS AND TRADERS

Drovers not to allow other stock to follow.

22(1)

No person, engaged in driving animals through any part of the province, shall drive off, or shall knowingly suffer or permit to be driven off, from the premises or stockrange of any resident, to any distance exceeding two miles from the premises or range, any animal belonging to the resident; but he shall, within two miles, or at the nearest habitation if any is found within two miles, separate the animal from his drove.

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 $10. for each animal so driven off and, in default of immediate payment, to imprisonment for not less than 30 days.

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

23

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

Penalty

24(2)

A drover or trader who allows his drove or herd 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 $1.

Liability for damages.

24(3)

A drover or trader 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 and, when so filed, the award shall for all purposes be deemed a judgment of the Court and is enforceable as such.

Damages in addition to penalty.

25

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

PART II

PROTECTION OF ANIMALS MISCHIEVOUS DOGS

Proof of knowledge not necessary.

26

In an action brought to recover damages for injuries caused by a dog, it is not necessary for the plaintiff, in order to entitle him to a verdict, to show or prove

(a) that the dog was, or is; or

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

of a vicious or mischievous nature or is accustomed to do acts causing injury.

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 to ridden or harnessed horses or oxen or to 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 $2. for every day the dog is allowed to live after the making of the order.

Procedure.

27(3)

The justice, having made an order under subsection (1), may thereupon adjourn the hearing for any period not exceeding eight days, and at the adjourned hearing he shall allow such sum as is reasonable in respect of the killing of the dog by a person other than the owner or keeper.

Fixing of fine.

27(4)

The justice may also fix the penalty, if any, to be paid under subsection (2); and in default of payment of the fine, costs and expenses, the justice may order the owner or keeper to be imprisoned for a period not exceeding 30 days.

Action not barred.

27(5)

No conviction under this section is a bar to an action for damages occasioned by a dog.

"Poultry" defined.

27(6) "Poultry" in this section includes domestic fowls, turkeys, geese, ducks and guinea fowls.

Definitions.

28(1)

For the purpose of this section,

"authorized judicial officer" means a provincial judge, a magistrate, a justice of the peace, a medical examiner, a duly qualified medical practitioner, the superintendent of an Indian Agency or an assistant Indian agent, appointed under the Indian Act (Canada), a duly ordained minister, clergyman, or priest, of a church or religious denomination, or an evangelist, missionary, or theological student, authorized or employed by a church or religious denomination to have charge of a mission station in, or conduct services in, unorganized territory; ("fonctionnaire judiciaire autorisé")

"Husky dog" includes any dog of the breed or type to which that name is commonly applied, and in particular includes an Eskimo dog, an Alaskan Malamute, and a Siberian Husky (also known as a Samoyede), and also includes a dog that is partly of one of those breeds or strains, and the young of any such dog; ("chien husky")

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

"running at large" as applied to a Husky dog or a sleigh dog of another kind, means not under control either by being

(a) in direct and continuous charge of a person competent to control it; or

(b) securely confined within an enclosure; or

(c) securely fastened so that it is unable to roam at will; ("laissé en liberté", "en liberté")

"sleigh dog" means a dog used, or capable of being used, from time to time for the purpose of drawing a sleigh, sled, toboggan, or other vehicle, commonly used for carrying goods or persons, and includes the young of any such dog and any dog being trained for that purpose; ("chien de traîneau")

"unorganized territory" means any part of the province not included within a municipality. ("territoire non organisé")

Running at large prohibited.

28(2)

No owner of, or person in charge of, a Husky dog or of a sleigh dog of another kind 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 Husky dog or a sleigh dog of another kind 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.

Application and order for destruction of dog.

28(4)

A peace officer who takes a dog into custody under subsection (3), or to whom a dog is delivered under that subsection, shall, after seven days or after giving notice to the owner thereof if known to him, apply to an authorized judicial officer for an order directing that the dog be destroyed; and the authorized judicial officer, upon hearing what is alleged by any person in support of the application and by the owner of the dog and any other person on his behalf (if the owner or any such other person appears and desires to be heard), may, if he deems the dog to be dangerous to persons, order that it be destroyed by such person as he designates in the order.

Order where dog delivered to authorized judicial officer.

28(5)

Where a dog is delivered to an authorized judicial officer under subsection (3), he shall after seven days, of after giving notice to the owner if known to him, and after a hearing as provided in subsection (4), make an order as provided in subsection (4) or (9).

Order for destruction of dog that cannot be captured.

28(6)

Where any person finds a Husky dog or a sleigh dog of another kind 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.

Making of order on hearing of charge.

28(7)

An application and an order under subsection (4) or (6), or an order under subsection (5) may be made on the hearing of an information and complaint against any person for breach of subsection (2).

Costs of custody of dog.

28(8)

Where a dog is taken into custody by, or delivered to, a peace officer or an authorized judicial officer under subsection (3), his costs of keeping the dog until it is released or destroyed shall, if the authorized judicial officer so directs, be paid by the owner within such period as the authorized judicial officer orders; and the authorized judicial officer may include such a direction in his order disposing of an application or charge made under this section.

Disposal of dog found not to be dangerous.

28(9)

Where, on application under subsection (4), the authorized judicial officer finds that the dog is not dangerous to persons, he may order

(a) that the dog be released; or

(b) if the owner fails, within such period as the authorized judicial officer directs, to pay the costs of keeping the dog, that the dog be sold by the peace officer or authorized judicial officer in whose custody he is for not less than such sum as is fixed by the authorized judicial officer ; or

(c) if neither the owner nor anyone on his behalf appears at the hearing, that the dog be disposed of in such manner as the authorized judicial officer directs.

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 by the peace officer or authorized judicial officer in payment of his costs of keeping the dog; and if there is any surplus, in the case of a peace officer, he shall pay the same to the authorized judicial officer; and the authorized judicial officer shall remit any surplus in his hands to the Minister of Finance; and the surplus shall become the property of Her Majesty.

Fees of authorized judicial officer.

28(11)

Every authorized judicial officer shall be entitled to be paid like fees and expenses in respect of proceedings under this section as are payable to a justice of the peace in any other proceeding arising under or by virtue of an Act of the Legislature; and the fees and expenses shall be paid as provided in section 53 of The Provincial Court Act.

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 Husky dog or a sleigh dog of another kind, 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.

Effect of dog being found running at large.

28(13)

Where a dog is found running at large contrary to subsection (2), on the hearing of an information and complaint against the owner or person in charge thereof for breach of that subsection, the owner or person in charge shall be deemed to have permitted the dog to run at large unless he satisfies the authorized judicial officer that he took all reasonable precautions to prevent it from running at large.

Offence and penalty.

28(14)

Every person who disobeys subsection (2) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50., or to imprisonment for a term not exceeding one month, or to both such a fine and such an imprisonment.

Disposal of information and complaint

28(15)

An information and complaint for breach of subsection (2) may be heard and disposed of by, and the fine or imprisonment, or both, for which subsection (14) provides may be recovered or enforced or recovered and enforced before an authorized judicial officer whether or not he is a magistrate or a justice of the peace; and The Summary Convictions Act applies to proceedings under this section.

SHEEP PROTECTION, DESTROYING DOGS FOR KILLING SHEEP

Dogs may be killed.

29

Any person may kill a dog that he sees pursuing or wounding any sheep or turkeys.

By owner or occupant of a farm.

30

Any person who finds a dog giving tongue and terrifying sheep or turkeys on the farm of the owner or possessor of the sheep or turkeys, unless with the permission of the owner or possessor, may kill the dog.

Dogs not to be killed.

31

Any person may kill a dog that he finds straying on a farm whereon sheep or turkeys are kept; but no dog so straying, that belongs to, or is kept or harboured by, the occupant of any premises next adjoining the farm, or next adjoining that part of any highway or land that abuts thereon, nor any dog so straying either when securely muzzled or when accompanied by, or being within reasonable call of, any person having the charge or care thereof, shall be so killed unless it appears that the dog, if not killed, is likely to pursue, worry, wound, or terrify sheep or turkeys then on that farm.

Defence for killing dog.

32

No person, killing a dog under any of the circumstances mentioned in sections 29, 30, and 31, is liable in an action for damages therefor.

Summons on complaint in writing.

33(1)

On complaint made in writing, on oath before him, that any person is the owner of a dog that has, within the previous six months, worried, injured or destroyed sheep or turkeys, a magistrate 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 $20., and that the dog shall be killed by a constable or other peace officer.

Costs.

33(2)

The police magistrate may also 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

No such conviction shall be a bar to an action by the owner or possessor of sheep or turkeys for the recovery of damages for the injury done to the sheep or turkeys.

DAMAGES FOR SHEEP AND TURKEYS KILLED

Recovery of damages.

35

The owner of sheep or turkeys killed or injured by a dog is entitled to recover damages occasioned thereby, not exceeding $50., from the owner of the dog in an action on complaint before a magistrate, who may hear and determine the complaint, and proceed thereon, as nearly as may be, in the manner provided by The Court of Queen's Bench Small Claims Practices Act; and all the provisions of that Act, including the provisions respecting appeals, that can be made applicable apply to proceedings under this Act.

Consolidation of actions.

36(1)

Actions or proceedings for damages to sheep or turkeys 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.

36(2)

In an action or consolidated action for damages to sheep or turkeys 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 that 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.

MUNICIPAL LIABILITY FOR SHEEP AND TURKEYS KILLED

Sheep valuers.

37(1)

Every rural municipality, town, or village may, by by-law, appoint persons, to be known as valuers.

Valuer to investigate within 72 hours.

37(2)

The valuer shall investigate complaints of injury done to sheep or turkeys within 72 hours after being required by the municipality to do so, and shall forthwith make his report in writing to the clerk of the municipality, giving in detail the extent of injuries and amount of damage done.

Owner unable to recover, municipality to pay part.

38(1)

Where the owner of sheep or turkeys killed or injured proceeds against the owner or keeper of a dog that has committed the injury, and is unable, after judgment in his favour, to realize the amount thereof, the council of the municipality in which the owner or keeper of the dog resided at the time of the injury shall, on application therefor, direct its treasurer to pay to the aggrieved party a sum equal to two-thirds of the damages allowed by the judgment, not exceeding $50. with respect to each dog, in addition to the costs to judgment and of the proceedings to realize thereon.

Where part of the amount realized.

38(2)

If the aggrieved party realizes from the owner or keeper of the dog any part of his judgment over and above costs, two-thirds of the amount shall be allowed as a credit on the sum payable to him by the municipality.

Municipal liability if owner of dog unknown.

39(1)

Where sheep or turkeys are killed or injured by a dog the owner of which is unknown, the municipality in which the sheep or turkeys were so killed or injured is liable to the owner of the sheep or turkeys for two-thirds of the loss occasioned by the dog, not exceeding $50. with respect to each dog; and the owner of the sheep or turkeys may maintain an action against the municipality for the loss, if he satisfies the court that, after using due diligence, he is unable to ascertain who is the owner of the dog.

Notice to municipality of loss.

39(2)

No liability attaches to the municipality, nor shall any such action 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 happening, the time and place thereof, and the name and address of the owner of the sheep or turkeys and may be signed by the owner or any one on his behalf.

Action to be commenced within three months.

39(3)

Any such action against a municipality shall be commenced within three months after the killing of or injury to the sheep or turkeys.

When claims assigned to municipality.

40

Where the owner of sheep or turkeys receives, on account of his claim for damages, money from a municipality under this Part, his claim thereupon belongs to the municipality, which may enforce it against the owner or keeper of the dog causing the damage, for its own benefit by any means or form of proceeding that the owner was entitled to take for that purpose; but if the municipality recovers more than it paid to the owner, besides costs, it shall pay the excess to the owner.

PART III

RESPECTING BRANDS

Definitions.

41

In this Part,

"brand" means any letter, sign, numeral, mark, or combination of such, marked or to be marked upon horses or cattle, and includes both the location upon the animal of the marking and the recording as allotted of the marking and location; ("marque")

"horse" includes ass or mule; ("cheval")

"vent" means a mark that may be added to any registered brand upon any animal to show that the ownership of the animal so marked has passed from the owner of the brand to some other person. ("tatouage")

REGISTRATION OF BRANDS

Register of brands.

42

The minister shall cause to be kept in the department a register in which shall be recorded a full description of the brands or markings of animals, the shape and location thereof, the date of the recording and such other matters and things as the minister deems necessary.

Application for brand and fee.

43

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

Registration.

44

The minister, 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.

Allotment of brands to ministers of the Crown.

45(1)

Notwithstanding any other provision of this Act, the minister may allot a brand of any description

(a) to the Minister of Agriculture of Canada, for the identification of stock grazed in any pasture operated under The Prairie Farm Rehabilitation Act (Canada);

(b) to any minister of the Crown, for the identification of stock grazed in any pasture operated by the minister;

(c) to any minister of the Crown, for the identification of stock owned by the government.

Use of brands issued under subsec. (1).

45(2)

A brand issued under clause (l)(a), (b), or (c), respectively may be used solely for the purpose mentioned in the clause under which it is issued.

Placing of brand.

45(3)

Any brand allotted under subsection (1) may be placed on any part of an animal.

Selection of brand.

46

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

Evidence of ownership of brand.

47

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

Minister may publish list of brands.

48(1)

The minister may, in such manner as he deems advisable, publish or cause to be published a complete or supplementary list of recorded brands; and he may make a reasonable charge for the volume containing the list.

And require municipality to supply poundkeepers with copy.

48(2)

When the list is prepared, the minister may require any municipality, at its expense, to furnish each of its poundkeepers and its clerk with a copy of the latest published list.

Evidence of ownership.

49(1)

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

Except when brand vented.

49(2)

No such presumption of ownership arises, nor shall effect be given thereto, if the brand upon the animal bears the mark of a vent made by the owner of the brand subsequent to the branding of the animal, or if a subsisting certificate of allotment, or re-allotment, or renewal, is not tendered as evidence.

Use of unregistered brand.

50

A person who brands or marks a horse or a head of cattle with a brand that is not registered under this Part, or of which the owner of the horse or head of cattle is not the owner, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200. or to imprisonment for a term not exceeding three months, or to both.

TRANSFER OF BRAND

Assignment of brand.

51(1)

The ownership of, and the right to use, any recorded brand may be assigned by an assignment in the form set out in Schedule A as Form 2, executed by the owner named in the certificate in the presence of a witness who shall verify the execution by his affidavit.

Certificate lost, new one issued.

51(2)

The assignment may be filed with the minister, together with the original certificate of record, or an affidavit by the owner that the certificate of record has been lost; whereupon the minister 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.

Penalties for misuse of brands.

52

Any person branding, or attempting to brand, with his own or any other brand, or obliterating, altering, destroying, or defacing any brand on, any head of cattle or any horse, without the consent of the owner of the animal, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200., and, in default of payment thereof, to imprisonment for a term not exceeding three months.

TRANSFER OF BRANDED ANIMALS

Sales of branded cattle.

53(1)

Upon every transfer of any cattle or of any horse marked with the recorded brand of the transferor, the transferor shall also mark his vent on the animal so transferred unless, at the time of the transfer, the brand is also transferred to the transferee of the animal.

Statement of transfer of animals to be slaughtered.

53(2)

Any transferee, taking possession of any cattle or of any horse for the purpose of slaughter or shipment out of the province, may waive his right to have the animal marked with a vent, but in that case the transferor shall give to the transferee a statement in the form set out in Schedule A as Form 3; and the statement, shall, during the period of 30 days from the date thereof, be accepted as evidence of the transfer of the animal.

CANCELLATION OF BRAND

Cancellation by minister.

54

Where owners of cattle or horses have the same or conflicting recorded brands, the minister 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.

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 minister to the owner, mailed to his last known address by registered mail, be cancelled and determined upon December 31 in the second year next following the year during which the brand was allotted.

Saving proviso.

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 three 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.

Re-allotment forbidden.

55(3)

After the cancellation thereof, no brand shall again be allotted to any person, other than the former owner, until after the expiration of five years from the date of the cancellation.

REGISTRATION OF VENTS

Vent.

56(1)

The owner of a brand may at any time make application to the minister for the allotment of a vent to the brand of which the applicant is the owner; and such a vent may be allotted by the minister, recorded by him, and a certificate of record thereof issued to the applicant.

Fee.

56(2)

Such charge as is prescribed in the regulations shall be made by the minister for any such allotment and certificate.

Use of vents.

57

Upon the transfer of cattle or horses marked with the recorded brand of the transferor, save as in this part otherwise permitted, the transferor shall mark his vent mark on the animals so transferred.

Registration of vents.

58

There shall be kept in the department a book in which shall be recorded a full description of the vents allotted, names of the owners of brands so vented and a full description of the brand that is being vented; and the minister may satisfy himself that no brand or brand plus its recorded vent, with the same markings as the brand of the applicant plus the vent recorded has previously been allotted.

Penalties for misuse of vents.

59

A person obliterating, altering, destroying, or defacing, any vent on cattle or horses without the written consent of the owner of the animals, is guilty of an offence and is liable, on summary conviction, to a fine of $200., and, in default of payment of the fine, to imprisonment for a term not exceeding three months.

Use of unrecorded vent

60

A person who marks a horse or a head of cattle with a vent that is not recorded under this Part, or that has not been allotted to the owner of the horse or head of cattle, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200. or to imprisonment for a term not exceeding three months or to both.

MISCELLANEOUS

Searches.

61

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

Changes in brands.

62

The minister may, upon the application of any owner accompanied by such fee as is prescribed in the regulations, make changes in a brand or in the form or location on the animal thereof not inconsistent with this Act.

Regulations.

63

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 limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing the applications and the forms thereof required under this Part;

(b) prescribing the fees payable under this Part.

PART IV

RESPECTING INJURED ANIMALS

Definitions.

64(1)

In this Part,

"animal" includes any domestic or wild animal, birds and fish; ("animal")

"humane society" means a corporation that has as its principal object, the prevention of cruelty to animals and that is designated as such for the purposes of this Part; ("société protectrice des animaux")

"owner" with reference to an animal, means the owner or person having the custody or possession of the animal. ("propriétaire")

Person deemed to be owner.

64(2)

A person in the occupation of any place where an animal is, shall be deemed to be the owner until the contrary is shown.

Revocation of designation.

64(3)

The minister may suspend or revoke the designation of a humane society.

ENFORCEMENT

Appointment of special constables.

65(1)

The Attorney-General may appoint any inspector or agent of a humane society as a special constable with authority to exercise the powers of a peace officer for the purposes of this Part.

Powers of inspector.

65(2)

For the purposes of the enforcement of this Part or any other Act for the prevention of cruelty to animals, any inspector or agent of a humane society appointed pursuant to subsection (1) has the authority of a constable or police officer in any municipality or district in the province; and the humane society is entitled to the assistance of all constables and police officers.

Inspection of premises.

66

Where authorized by or under regulations, and subject thereto, a peace officer

(a) without a warrant and during ordinary business hours; and

(b) for the purpose of enforcing this Act and the regulations;

may enter and inspect any premises (other than a dwelling house) where animals are kept for sale, hire or exhibition, or are left by their owners to be cared for by others for reward or the expectation thereof.

ILL-TREATED ANIMALS

Impounded animals, taken care of.

67(1)

Where there are reasonable grounds to believe that an animal is

(a) impounded, yarded, or confined without necessary food, water, or attention, for more than 15 consecutive hours; or

(b) is being wantonly, cruelly, or unnecessarily beaten, bound, tortured, ill-treated, abused, or subjected to pain or discomfort; or

(c) is unduly exposed to cold or overcrowding either in an enclosure or in transit;

any constable or police officer may

(d) by force, if necessary, open and enter into any place in which the animal is so impounded, yarded, or confined;

(e) supply the animal with necessary food, water, and attention, as long as it remains in that place;

(f) if he deems it necessary, remove the animal; and

(g) recover from the owner of the animal the amount of the expense necessarily incurred by him for food and attention;

and the constable or police officer is not liable for any entry under clause (d) or any removal under clause (f).

Notice to owner.

67(2)

The constable or police officer shall forthwith give written notice of the action he has taken to the owner of the animal, if he is known.

Removing animal for examination.

68(1)

Where a constable or police officer has reasonable grounds for supposing that an animal is being ill-treated or neglected, he may take possession of it in any place for the purpose of having it examined by a veterinary surgeon.

Notice to owner.

68(2)

Where the owner can be conveniently found the constable or police officer shall notify him in writing of the time and place of the examination.

Destruction of animal.

68(3)

Where in the judgment of the veterinary surgeon, the animal has been neglected or cruelly treated, the constable or police officer, with or without the consent of the owner, may, with the approval of the veterinary surgeon, forthwith destroy it, or may place it under proper and sufficient care and treatment for a period not exceeding 30 days, during which time the owner shall have access to, and the use of the animal, with the consent of the veterinary surgeon.

Owner liable for food, etc.

68(4)

The owner of any such animal is liable for its food, care, and treatment while so detained; and the person supplying the food, care, and treatment, or responsible therefor, has a lien on the animal for the cost thereof.

Society taking charge of injured animals.

69(1)

Any inspector or agent of a society may take charge of any sick, injured, or stray domestic animal or bird, and shall proceed as provided in section 68.

Sale of animal.

69(2)

Where

(a) the owner of the animal neglects or refuses to pay for the food, care, and treatment within five days after being notified; or

(b) the owner, after due inquiry, cannot be found;

the society may sell or dispose of the animal and reimburse itself out of the proceeds, and pay the balance, if any, to the owner of the animal or to the person entitled thereto.

Examination of injured animals.

70(1)

Where a constable or a police officer finds an animal that is so severely injured or sick that, in his opinion, it would be cruel to allow the animal to live, if the owner refuses to destroy, or to consent to the destruction of the animal, or is absent, the constable or police officer shall forthwith summon to examine the animal

(a) a veterinary surgeon; or

(b) if no veterinary surgeon can be found within a reasonable distance, two reputable citizens.

Destruction of injured animal.

70(2)

Where it appears by the certificate of the veterinary surgeon, or by a statement signed by the two citizens, that the animal is, or appears to be, incapable of being so cured or healed as to live thereafter without suffering, the constable or police officer may kill the animal or cause it to be killed.

ABANDONED AND INJURED ANIMALS

Abandoned animal.

71

Where an animal is abandoned or left to die in any street, road, commons, or public place, any constable or police officer or the inspector of a society may make a reasonable attempt to ascertain the owner of the animal, and if he cannot be found after such an attempt is made or, if found, refuses to kill or give his consent to the killing of the animal, the constable, police officer, or inspector shall proceed in the manner set forth in section 70.

Injury by railway.

72(1)

Where a large animal, such as a horse, cow, sheep, or hog, is severely injured by a railway engine or train, the conductor of the train shall report the occurrence to the nearest station agent of the railway, who shall forthwith notify the owner, if possible, and the nearest constable or inspector of a society, who shall proceed as in section 71 provided.

Injury by automobile.

72(2)

Where any such animal is severely injured by an automobile, the driver thereof shall report the occurrence to the owner, if known, otherwise to the nearest police station or municipal clerk, who shall notify the owner if possible, and otherwise take the necessary steps to have the animal disposed of or cared for as provided in this Part.

Exemption from liability.

73

No action lies against a peace officer or a humane society or any inspector or agent of a humane society for anything done in good faith and purporting to be done under this Part or the regulations.

PART V

IMPROVEMENT OF LIVESTOCK BREEDING

Definitions.

74

In this Part,

"improved sire" means any stallion, bull, ram, or boar, the pedigree of which is recorded in any of the Canadian National Livestock Records or any records recognized by the Canadian National Livestock Records Committee and that has been approved by the minister or an inspector appointed by him; ("géniteur amélioré")

"improved sire area" means any part of the province declared to be an improved sire area by order of the Lieutenant Governor in Council under the provisions of this Part. ("zone pour géniteurs améliorés")

AREA FOR IMPROVED SIRES

Constitution of improved sire area.

75

Upon receipt of a certified copy of a resolution of the council of a rural municipality requesting that it, or that the municipality and any town or village situated within its boundaries, be constituted as, or included within, an improved sire area, accompanied by a petition to that effect certified by the clerk of the municipality and signed by two-thirds of the resident livestock owners therein, the minister may recommend that the municipality or the municipality and the town or village, if any, within its boundaries, be constituted as, or included within, an improved sire area; and the Lieutenant Governor in Council may order accordingly.

Prohibition.

76

Except as otherwise provided in this

Part, no person shall, within an improved sire area, own, keep, travel, stand, or use for breeding purposes, or pasture, any stallion over two years of age, or any bull, ram, or boar, over six months of age, unless the sire is an improved sire.

Disposal of sires.

77

Any person in an improved sire area who is in possession of

(a) a stallion over two years of age; or

(b) a bull, ram, or boar, over six months of age;

that is not an improved sire shall dispose of it within six months after the date of the inspection thereof.

Regulations.

78

The Lieutenant Governor in Council may make regulations with respect to bulls, rams, and boars in improved sire areas, governing the conditions under which such sires are to be examined.

Penalties.

79

Any person who violates any provision of this Part or of the regulations is guilty of an offence and is liable, on summary conviction, to a fine of not less than $10. and not more than $100. for each violation, and in default of payment of any such fine to imprisonment for a term not exceeding two months.

PART VI

GOVERNMENT PURCHASE AND SALE OF LIVESTOCK

"Livestock" defined.

80 In this Part, "livestock" means horses, cattle, sheep, swine and goats.

PURCHASE AND SALE OF LIVESTOCK

Minister may purchase or raise livestock.

81

For the purpose of increasing and improving the livestock of the province, the minister may, purchase or raise livestock, and sell or let it for hire, subject to such terms and conditions as he prescribes, to bona fide farmers actually resident upon farms in the province.

Sales may be for cash or partly upon credit

82

Any such sale may be either for cash or its equivalent, or partly for cash or its equivalent and partly upon credit; but credit may be given only for a term not exceeding three years, and to the extent of not more than 75% of the purchase price of any animal.

Purchaser upon credit to give security operative as a Hen.

83

Every purchaser upon credit or part credit shall enter into an agreement with Her Majesty, represented by the minister, the terms of which shall constitute a lien upon the livestock so purchased, and their offspring, for the purchase money and interest; and the lien shall remain valid until the amount thereof has been paid.

Agreements approved by minister.

84

The form and wording of all agreements, liens, application forms, or other documents to be used in carrying out the provisions of this Part shall be approved by the minister.

Male animals sold upon credit to be purebred and registered.

85

Every entire male animal sold partly for cash and partly upon credit under this Part shall be of pure breeding and shall be registered in, or recognized by, the Canadian National Livestock Records Associations.

Minister may sell animals to agricultural societies.

86

The minister may sell, or, subject to such terms and conditions as he prescribes, may let for hire, male animals to any agricultural society organized under The Agricultural Societies Act, or to any other similar association of which the minister approves.

Tuberculin test.

87

No cattle shall be bought unless they have first been subjected to the tuberculin test and found to be free from tuberculosis.

Cattle sold to be branded.

88(1)

Cattle sold shall be branded with a brand duly registered in the department under Part III; and no person shall deface, alter, or vent any such brand until the animal bearing it has been fully paid for, or unless he is authorized in writing by the minister to vent the brand of a specified animal.

Penalty for altering, defacing or venting brand.

88(2)

Any person who alters, defaces, or vents such a brand without authority is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50. and not more than $200. for each such offence, and in default of payment of the fine to imprisonment for a term not exceeding three months.

Regulations.

89

For the purpose of carrying out the provisions of this Act 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) governing the designation and the suspension and revocation of designations of humane societies;

(b) prescribing the qualifications required of persons to be appointed special constables for the purposes of this Act;

(c) respecting the manner of taking an animal into custody;

(d) defining what constitutes taking reasonable steps to find and notify the owner of an animal;

(e) prescribing a tariff of expenses which may be charged to the owner of an animal taken into custody under this Act for transportation, food, care, shelter and medical treatment of the animal;

(f) prescribing, with respect to animals kept for sale, hire or exhibition

(i) standards of design, construction and maintenance of the facilities in which the animals are kept, and

(ii) the standard of care with which the animals shall be maintained;

(g) respecting the authorization of peace officers, in general, or in particular to exercise the powers specified in section 66 subject to such conditions and restrictions as are considered desirable in the public interest;

(h) prescribing forms for use under the Act; and

(i) respecting any other matter necessary or desirable to give effect to the intent of this Part.

PART VII

ARTIFICIAL INSEMINATION OF ANIMALS

Definitions.

90

In this Part,

"agency" means a sales representative person, branch or division of a semen producing business; ("agence")

"animal" means cattle, swine, horses, sheep and goats; ("animal")

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

"board" means the Artificial Insemination Advisory Board established under this Act; ("Conseil")

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

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

"licensee" means a semen producing business or agency thereof or technician licensed under this Act; ("détenteur d'une licence")

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

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

"semen producing business" means a person, firm or corporation engaged in the business of selling or promoting the sale of semen; ("commerce de production de sperme")

"technician" means a person who engages in the process of artificial insemination; ("technicien")

"user" means a person who owns animals on which artificial insemination is performed. ("propriétaire")

Humane practices.

91

Every person performing artificial insemination shall use care to prevent injury or suffering to the animal.

Disease prevention requirements.

92(1)

Every person performing artificial insemination shall use such disease prevention requirements as may be prescribed in the regulations made under this Act.

Semen to be disease free.

92(2)

No person engaged in or carrying on a semen producing business or agency thereof shall sell semen that do not test negative to Brucellosis, Tuberculosis, Leptospirosis, Blue Tonque, Leucosis and Trichomoniasis or representative semen 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 producing business or agency thereof the required submission of representative semen samples for laboratory examination to determine the pathogen free status of the semen batch or batches being offered for sale.

Destruction of semen.

92(4)

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

Distribution requirements.

93

A semen producing business or agency thereof shall provide a fair and equitable availability, to all potential buyers, of all of the products on which that business' sales promotion is based.

Licence required.

94(1)

No person shall carry on or operate a semen producing business or act as an agency thereof unless he holds a licence for the purpose issued by the director.

Director may refuse to issue licence.

94(2)

The director shall not issue a licence to a person to operate a semen producing business or to act as an agency thereof unless he is satisfied that the requirements of this Act will be met by that business or agency.

Technician training and licensing.

95(1)

Artificial insemination courses shall include training on adequate humane practices, disease prevention procedures, insemination technique and sufficient practice to become thoroughly adept at the technique and the keeping of records.

Approval of training course by director.

95(2)

No person shall offer an artificial insemination course unless the director authorizes and approves

(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 practices and care to be observed; and

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

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 technician training course, he may refuse to authorize a course for that area.

Technician licence required.

95(4)

No person shall act as a technician unless he holds a licence for the purpose issued by the director.

Director may refuse to issue licence.

95(5)

The director shall not issue a licence to a person to act as a technician unless he is satisfied that that person has successfully completed a course of training as prescribed in the regulations or is, in the opinion of the director, otherwise qualified to act as a technician.

Classes of licences.

95(6)

A technician may be licensed as full time, assistant or relief, or private within his own herd and to act as a technician in all or part of Manitoba as prescribed in the regulations.

Free choice of semen to be available.

95(7)

Every licensed technician shall make a full choice of semen reasonably available to all potential users in his area.

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 Act or the regulations or where the director has reason to believe that a licensee has committed or is committing a breach of this Act or the regulations 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 whose licence is cancelled or suspended by the director may within 30 days of the date of the notification under subsection (5) appeal the cancellation or suspension to a judge of the Court of Queen's Bench and the appeal shall be by way of a trial de novo.

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 court may

(a) dismiss the appeal; or

(b) quash the cancellation or suspension of the licence; or

(c) make such other order as in the circumstances it considers just.

Semen distribution.

97(1)

The minister may authorize the director

(a) to establish a semen storage depot with the staff and equipment required to purchase, store, sell and distribute livestock semen;

(b) to enter into purchase agreements with continent wide accredited semen producing businesses;

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

(d) to distribute livestock semen 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 to encourage and assist in providing artificial insemination technical services throughout the province;

(g) to provide parent unit status for technicians;

(h) to produce and distribute a sire selection catalogue;

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

Purchase of semen and supplies.

97(2)

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

Advisory board.

98(1)

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

Division of province into regions.

98(2)

For the purpose of electing members to the board, the province is divided into the following regions

(a) Interlake;

(b) South-west;

(c) North-west;

(d) Central;

(e) Eastern.

Composition of board.

98(3)

Each of the five regions shall elect a person to be appointed to the board, and the remaining two members shall be elected by the technicians' association from among its members.

Term of office.

98(4)

Each member of the board shall serve for a term of two years and thereafter until his successor is appointed.

Chairman and vice-chairman.

98(5)

The members of the board shall at its first meeting elect one of its members as chairman and another member as vice-chairman.

Allowance to members.

98(6)

The members of the board may be paid such allowances and expenses as the Lieutenant Governor in Council may determine.

Function of board.

99

The board shall advise the minister on all aspects pertaining to the artificial insemination of livestock.

Records and returns.

100(1)

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

Records to be kept by technician.

100(2)

Every technician shall keep proper records immediately after each artificial insemination performed by him on the forms prescribed in the regulations and shall

(a) leave one copy with the owner;

(b) submit one copy each week to the director.

Semen inventory.

100(3)

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

Inspection.

101

Every person operating a semen producing business or agency thereof or carrying on the artificial insemination 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 be required.

Penalties.

102

Every person who violates any provision of this Act or of the regulations is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50. and not more than $500. and, in default of payment of the fine, to imprisonment for a term not exceeding two months.

Regulations.

103

For the purpose of carrying out the provisions of this Act 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 general and specific disease prevention requirements;

(b) prescribing quality, standards and requirements of animal semen;

(c) prescribing the requirements of and the minimum standards for semen producing businesses;

(d) prescribing the course of training for each technician classification;

(e) prescribing the conditions for the issuing of licences to semen producing businesses and agencies thereof and technicians, and the renewal, suspension and revocation thereof;

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

(g) respecting the making of grants to technicians;

(h) prescribing the powers and duties of the board;

(i) respecting the keeping of records and the making of returns or the furnishing of information by persons in charge of semen producing businesses and agencies thereof and by technicians;

(j) prescribing forms for use under this Act;

(k) generally for the better carrying out of this Act.

SCHEDULE A

F0RM 1

(See section 15)

RETURN OF ANIMAL SOLD UNDER PART I OF THE ANIMAL HUSBANDRY ACT.

Information required by Department

Details furnished by Justice of the Peace

Name of the owner, if known, and address Class of animal

General description and brand, if any

Name and address of finder

Date of capture

Dates of Gazettes containing notices

Date of sale

Number of days' kept

Total amount realized

Commission on sale

Fees of Justice of the Peace

Keep

Number of miles to sale

Mileage, at 10 cents per mile

Postage and exchange

Amount sent to Department

(signature)

J.P.

P.O. Address.

(See section 51)

ASSIGNMENT OF BRAND

I (or We,) being the recorded owner of the brand shown in the margin hereof, certificate of record of which is hereto attached, hereby assign and transfer to of all right, title and interest whatsoever thereto, and hereby request that you make your record and enclose herewith the

sum of two dollars as the authorized fee therefor.

Dated at this day of , 19 .

Owner

Witness

P.O. Address.

FORM 3

(See section 53(2))

NOTICE OF TRANSFER

To all persons concerned:

Take notice that I have this day sold (numbers and description of animals sold) to (name of person), branded with my recorded brand, No.

Description:

Dated at this day of , 19 .

Signature.

SCHEDULE B

FEES PAYABLE UNDER SECTION 9 TO 16

(l) To the finder.

(a) For the care and sustenance of each head of swine, 20 cents per day from the date of the mailing of the notice to the owner or to The Manitoba Gazette:

(b) For the care and sustenance of each sheep, head of cattle, horse, mule, ass, or goat,

(i) during the period from the fifteenth day of November in any year to the fifteenth day of April next following, 20 cents per day; and

(ii) during any other period, 10 cents per day;

from the date of the mailing of the notice to the owner or to The Manitoba Gazette; but not exceeding $5. for any sheep, head of swine, or goat, or $10 for any head of cattle, horse, mule, or ass:

(c) For advertising in The Manitoba Gazette, the amount actually expended.

(d) For mileage to and from the place of sale, 10 cents per mile for each mile necessarily travelled, but not exceeding 30 miles.

(e) For postage, the amount actually and necessarily expended.

(2) To the justice of the peace.

(a) For arranging for a sale, preparing and posting notice of sale and administering any oaths, and for revising finder's bill of expenses, paying out proceeds of sale and making return, $1 ;

(b) For postage and exchange or commission on transmission of proceeds of sale, the amount actually expended.

(3)

To the person conducting the sale, 2 1/2 % of the amount realized by the sale.