as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. L170
The Livestock and Livestock Products Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"commercial vehicle" means a motor vehicle or trailer operated on any highway for the transportation of livestock or livestock products for gain or compensation, or by or on behalf of a person dealing in livestock or livestock products: ("véhicule commercial")
"inspector" means any inspector or other officer or person appointed or authorized to perform any duty under this Act or under any regulation; ("inspecteur")
"livestock" means horses, cattle, sheep, swine, live poultry and bees; ("animaux de ferme")
"livestock products" means meat, raw hides, dressed poultry, eggs, wool, and honey, in whatsoever form; ("produits de la ferme" )
"minister" means the Minister of Agriculture; ("ministre")
"poultry" includes all domestic fowls; ("volaille")
"stockyard" means any area of land at or on which cattle, sheep, or swine, are sold, purchased, or traded, including any buildings, pens, fences, gates, chutes, weigh scales and other equipment situated thereon and used in connection therewith, but does not include
(a) a stockyard that operates under the supervision of the Department of Agriculture of the Government of Canada, or
(b) any area of land used solely by the owner or lessee thereof for the purpose of holding a sale of cattle, sheep, or swine, that have been owned by him for a period of not less than 30 days immediately preceding the date of the sale, or
(c) any area of land used solely for the purpose of assembling livestock for shipment, or
(d) any area of land used solely for the purpose of a sale
(i) of purebred cattle, sheep or swine, held by a recognized purebred livestock association, or
(ii) of cattle, sheep, or swine, on behalf of members of a recognized 4-H club, or (iii) of cattle, sheep, or swine, at a fat stock show sponsored by an agricultural society formed under The Agricultural Societies Act; ("parc à bétail")
"truck" means a truck as defined in The Highway Traffic Act. ("camion")
The Lieutenant Governor in Council may make regulations,
(a) fixing and defining the grade standards of livestock and livestock products;
(b) requiring, and prescribing the manner and conditions of, the grading, inspection, packing, and marking, of livestock and livestock products;
(c) prescribing the manner in, and conditions under, which livestock and livestock products may be transported, delivered, shipped, advertised, purchased, sold, or offered or displayed for sale, and the size, kind, branding, marking and labelling of packages or containers in which livestock products may be contained:
(d) prescribing the conditions under which live poultry may be produced and sold in any part of Manitoba;
(e) prescribing the manner in which the seller or shipper of ungraded livestock and livestock products shall identify, for purposes of grading, individual producers' lots in such shipments;
(f) prescribing the manner in which, and the conditions under which, the purchaser of livestock and livestock products shall make payment and prepare for presentation to the seller or shipper or to the subsequent purchaser or receiver the statements of account of purchase of livestock and livestock products, and for the investigation of those statements and the transactions represented thereby:
(g) prescribing the manner in which operators of commercial vehicles transporting livestock or livestock products for sale, and who receive the proceeds from the sales of such livestock or livestock products, shall be required to guarantee the proper return of such proceeds to the owners of the livestock or livestock products so transported;
(h) prescribing the manner in which the purchaser of livestock or livestock products at assembling points and abattoirs shall record the receipts, classifications, weights, and purchase prices, of such purchases, and make the records available to the minister;
(i) prescribing that eggs of a condition unfit for human consumption shall not be bought, sold, exposed, or offered for sale;
(j) classifying the persons dealing in livestock or livestock products, or operating stockyards and requiring all classes, or any class or classes of such dealers or operators to be licensed;
(k) prescribing the forms and classes of licences to be issued, their duration, renewal, who shall issue them, and the fees payable therefor;
(l) respecting the detention and disposition of livestock and livestock products by an inspector;
(m) requiring all or any class or classes of persons dealing in livestock or livestock products or operating stockyards to furnish to the minister a guarantee or surety bond or other security, specifying the form and amount thereof, which amount may differ in different classes or within the same class, and prescribing the conditions upon which, and the manner in which, the bond or other security may be realized upon;
(n) prescribing and requiring the standards of construction and operations of, and conditions in, stockyards;
(o) generally for carrying into effect this Act.
Where the Lieutenant Governor in Council deems it advisable, regulations made under subsection (1) may be made applicable to, and required to be observed in, a part of the province only.
Subject to The Regulations Act, any regulations made under this Act become effective from the date of the publication thereof in The Manitoba Gazette.
The minister may, at any time, revoke or suspend a licence granted under the regulations where he considers it in the public interest to do so, of which he shall be the sole judge; and he may reinstate any licence revoked or suspended upon such terms and conditions as he may prescribe.
The Lieutenant Governor in Council may appoint persons as inspectors for the purpose of enforcing this Act and the regulations.
An inspector may, at any reasonable time and without warrant, enter into any business premises or any premises where the inspector believes on reasonable and probable grounds that business records, livestock, or livestock products are kept, and may
(a) inspect and take copies of such documents, books and records; and
(b) inspect such livestock, livestock products or other things;
as the inspector reasonably requires to determine compliance with this Act or the regulations, or with any other Act of the Legislature as it relates to livestock or livestock products or any regulations made under that Act.
A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that
(a) an offence against this Act or the regulations, or of any other Act of the Legislature as it relates to livestock or livestock products or any regulation made under that Act, has occurred or is occurring; and
(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, quantity of livestock, livestock product or other thing which affords evidence of the offence;
may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, vehicle or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.
No person being in, or having charge of, any such place shall refuse or fail to admit an inspector demanding to enter in pursuance of this section in the execution of his duty; and no person shall obstruct or attempt to obstruct an inspector in the exercise of any of the powers hereby granted.
An inspector may at any time stop any motor truck on a highway and inspect the contents thereof for the purpose of preventing or detecting the violation of this Act or the regulations or of any other Act of the Legislature as it relates to livestock or the regulations made thereunder.
No person in charge of a motor truck shall refuse or fail to stop his truck on demand by an inspector; and no such person shall obstruct, or attempt to obstruct, him in the inspection of the contents of the truck.
The purpose and intent of this Act is to regulate transactions that take place wholly within the province: and nothing in this Act affects or regulates any transaction that is not subject to the legislative authority of the Legislature.
No person shall
(a) brand or mark any carcass of meat or any part thereof with a mark or brand unless it is branded or marked in accordance with the Canada Agricultural Products Standards Act or the regulations made thereunder; or in accordance with an Act of the Legislature or regulations made thereunder;
(b) sell, offer for sale, or have in possession for sale, any carcass of meat or any part thereof, that is marked or branded with a mark or brand unless it is branded or marked in accordance with the Canada Agricultural Products Standards Act or the regulations made thereunder or with an Act of the Legislature or regulations made thereunder; or
(c) sell, offer for sale, or have in possession for sale, any carcass of meat or any part thereof under a grade name or designation, or that has been advertised or is indicated to be a grade or designation, that resembles, or might be mistaken for any grade or grade name established under the Canada Agricultural Products Standards Act or the regulations made thereunder, unless the carcass or part thereof has been graded and marked in accordance with that Act or those regulations and it is properly advertised, designated and indicated to be of the grade into which it was so graded and is so marked.
Nothing in this section prohibits
(a) an officer or employee of the Government of Canada from branding or marking a carcass of meat under and in accordance with an Act of the Parliament of Canada or regulations made thereunder; or
(b) a buyer for a retailer or wholesaler of meat branding or marking a carcass, half carcass, or quarter carcass of meat with not more than one brand or mark not exceeding three inches in height or width for the purposes of identification; or
(c) the sale, offering for sale, or possession for sale of any meat branded or marked as set out in clause (a) or (b).
A person who violates any provision of this section is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100. and not more than $1,000. or to imprisonment for a term not longer than six months, or to both.
Any person violating any provision of this Act for which no other penalty is provided or any regulation is guilty of an offence and is liable, on summary conviction, to a fine, for a first offence, of not more than $500., and for a second or subsequent offence, of not less than $50. and not more than $1,000.
For the purposes of any prosecution for a violation or contravention of any provision of this Act or of the regulations, any livestock product
(a) found on the business premises of a person who owns or operates a retail sales business or wholesale distribution business and who sells or offers to sell that kind of livestock product in the ordinary course of his business; or
(b) found in a public market in the possession of a person who is selling or offering to sell similar kinds of livestock products in the public market;
shall be conclusively deemed to be for sale whether or not that person is the owner of the livestock products.