Animal Pedigree Act

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Sections375

• 1Short title

  This Act may be cited as the Animal Pedigree Act.

• 2Definitions

  In this Act,

• 2[p2]

  animal pedigree association or association means an association incorporated under this Act and includes an association amalgamated pursuant to section 25 and an association subject to the provisions of this Act by virtue of section 68; (association responsable de la généalogie des animaux ou association)

• 2[p3]

  Board means the Board of Directors of the Corporation; (Conseil)

• 2[p4]

  certificate of identification means a certificate of identification issued under the authority of this Act for an animal of an evolving breed; (certificat d’identification)

• 2[p5]

  certificate of registration means a certificate of registration issued under the authority of this Act for an animal of a distinct breed; (certificat d’enregistrement)

• 2[p6]

  Corporation means the Canadian Livestock Records Corporation established by section 35; (Société)

• 2[p7]

  embryo certificate means an embryo certificate issued under the authority of this Act; (certificat d’embryon)

• 2[p8]

  evolving breed means a group of animals in the process of evolving into a new breed; (race en voie de constitution)

• 2[p9]

  foundation stock, in relation to a distinct breed, means such animals as are recognized by the Minister as constituting the breed’s original stock; (premiers éléments)

• 2[p10]

  identification means the recognition that an animal is an animal of an evolving breed; (identification)

• 2[p11]

  individual identification, in relation to an animal, means the distinguishing of the animal by

• 2[p11](a)

  the marking or tagging of the animal, or

• 2[p11](b)

  the noting, by any means, including the taking of photographs, of some or all of the animal’s physical characteristics; (identification particulière)

• 2[p14]

  Minister means the Minister of Agriculture and Agri-Food; (ministre)

• 2[p15]

  pedigree, in relation to an animal, means genealogical information showing the ancestral line of descent of the animal; (dossier généalogique)

• 2[p16]

  prescribed means prescribed by the regulations; (prescrit)

• 2[p17]

  purebred, in relation to an animal of a distinct breed, means an animal that is a purebred of the breed as determined by the by-laws of the association authorized to register animals of that breed; (animal de race pure)

• 2[p18]

  registration means the recognition that an animal is an animal of a distinct breed; (enregistrement)

• 2[p19]

  semen certificate means a semen certificate issued under the authority of this Act. (certificat de semence)

• 3Purposes of Act

  The purposes of this Act are by providing for the establishment of animal pedigree associations that are authorized to register and identify animals that, in the opinion of the Minister, have significant value.

• 3(a)

  to promote breed improvement, and

• 3(b)

  to protect persons who raise and purchase animals

• 4Principal purpose

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

• 5Scope of associations
• 5(1)

  An association may be incorporated under this Act in respect of a distinct breed, an evolving breed or one or more distinct breeds and one or more evolving breeds.

• 5(2)Limit of one association per breed or evolving breed

  Only one association may be incorporated in respect of each distinct breed and each evolving breed.

• 5(3)Breeds must be of same species

  Where an association is incorporated in respect of one or more distinct breeds and one or more evolving breeds, the distinct breeds and evolving breeds must all be of the same species.

• 6Requirements
• 6(1)

  An association may be incorporated under this Act only if the Minister is satisfied

• 6(1)(a)

  that the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated have significant value;

• 6(1)(b)

  that the persons submitting the articles of incorporation in respect of the association represent the breeders throughout Canada of the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated; and

• 6(1)(c)

  that the keeping of pedigrees and other records in respect of the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated would be beneficial to the breeders thereof and to the public-at-large.

• 6(2)Scientific genetic principles

  An association may be incorporated in respect of a distinct breed only if the Minister is satisfied that the breed is a breed determined in accordance with scientific genetic principles.

• 6(3)Special requirement with respect to evolving breeds

  An association may be incorporated in respect of an evolving breed only if the Minister is satisfied that the requirements referred to in subsection (1) exist and that the creation, with genetic stability, of the new breed into which the animals of the evolving breed are intended to evolve is possible.

• 7Application to incorporate
• 7(1)

  Subject to this Act, where five or more qualified persons desire to incorporate an association, they may make an application for that purpose by submitting articles of incorporation to the Minister.

• 7(2)Qualifications of applicants

  A person is qualified to apply to form an association if the person is eighteen years of age or more and is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

• 8Contents of articles of incorporation

  Articles of incorporation must

• 8(a)

  be in the prescribed form;

• 8(b)

  set out, in respect of the proposed association,

• 8(b)(i)

  the name of the association,

• 8(b)(ii)

  the names and addresses of the persons submitting the articles of incorporation,

• 8(b)(iii)

  the names and addresses of the first directors and officers of the association,

• 8(b)(iv)

  the name of each distinct breed and evolving breed in respect of which the association is sought to be incorporated, and

• 8(b)(v)

  where the application is in respect of an evolving breed, the physical description and genetic make-up of the new breed into which the animals of the evolving breed are intended to evolve; and

• 8(c)

  be submitted in triplicate in the prescribed manner.

• 9Certificate of incorporation
• 9(1)

  Where the Minister is satisfied that the articles of incorporation of an association should be approved, the Minister shall issue a certificate of incorporation in respect thereof.

• 9(2)Endorsement

  Where the Minister issues a certificate of incorporation, the Minister shall

• 9(2)(a)

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

• 9(2)(b)

  cause two copies of the endorsed articles of incorporation to be filed in the Department of Agriculture and Agri-Food;

• 9(2)(c)

  cause the remaining copy of the endorsed articles of incorporation to be returned to the association; and

• 9(2)(d)

  cause a notice of the issuance of the certificate of incorporation to be published in the Canada Gazette.

• 9(3)Effect of certificate

  An association comes into existence on the date shown in its certificate of incorporation and the first directors and officers of the association are the directors and officers set out in the association’s articles of incorporation.

• 10Association is body corporate

  Every association is a body corporate.

• 11Powers

  An association may do any act or thing necessary for, or incidental or conducive to, the carrying out of its purpose and business and affairs related thereto.

• 12Ownership and borrowing powers

  Without restricting the generality of section 11, an association may

• 12(a)

  acquire, hold and dispose of real, personal, movable and immovable property necessary for the carrying out of its business and affairs;

• 12(b)

  borrow money on the credit of the association and draw, make, accept, endorse and execute promissory notes, bills of exchange and other negotiable instruments necessary for carrying out its business and affairs; and

• 12(c)

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

• 13Use of funds
• 13(1)

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

• 13(2)Profits

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

• 14Limited liability
• 14(1)

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

• 14(2)Personal liability

  No director, officer or employee of an association, or other person acting on behalf of an association, is personally liable for any act done in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions or for any default or neglect in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions.

• 15Mandatory by-laws
• 15(1)

  Every association incorporated under this Act shall, within one year after coming into existence, make by-laws

• 15(1)(a)

  establishing requirements for membership in the association;

• 15(1)(b)

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

• 15(1)(c)

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

• 15(1)(d)

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

• 15(1)(e)

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

• 15(1)(f)

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

• 15(1)(g)

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

• 15(1)(h)

  fixing the fiscal year of the association;

• 15(1)(i)

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

• 15(1)(j)

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

• 15(1)(k)

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

• 15(1)(l)

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

• 15(1)(m)

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

• 15(1)(n)

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

• 15(1)(o)

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

• 15(1)(p)

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

• 15(1)(q)

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

• 15(1)(r)

  for the administration and management of the business and affairs of the association.

• 15(2)By-laws generally

  Notwithstanding subsection (1), an association may make any by-law necessary for the conduct of its business and affairs, including, without restricting the generality of the foregoing, by-laws

• 15(2)(a)

  respecting the promotion and establishment of breed improvement programs;

• 15(2)(b)

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

• 15(2)(c)

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

• 15(2)(d)

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

• 15(3)Mandatory by-laws

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

• 15(3)(a)

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

• 15(3)(b)

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

• 15(3)(c)

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

• 16When by-law has effect
• 16(1)

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

• 16(2)Application for approval

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

• 16(3)Minister may require evidence

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

• 16(4)Certificate of by-law approval

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

• 17Effect of by-laws

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

• 18Member’s right to inspect by-laws

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

• 19No fine or penalty
• 19(1)

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

• 19(2)Fees not fines

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

• 20Amendment of articles of incorporation
• 20(1)

  An association that desires to amend its articles of incorporation for one or more of the following purposes, namely, may make an application for that purpose by submitting articles of amendment to the Minister.

• 20(1)(a)

  to change the association’s name,

• 20(1)(b)

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

• 20(1)(c)

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

• 20(2)Contents of articles of amendment

  Articles of amendment submitted pursuant to subsection (1) must

• 20(2)(a)

  be in the prescribed form;

• 20(2)(b)

  set out the proposed amendment;

• 20(2)(c)

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

• 20(2)(d)

  be submitted in triplicate in the prescribed manner.

• 20(3)Proof required

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

• 21Deletion for certain purposes
• 21(1)

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

• 21(1)(a)

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

• 21(1)(b)

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

• 21(2)Contents

  Articles of amendment submitted pursuant to subsection (1) must

• 21(2)(a)

  be in prescribed form;

• 21(2)(b)

  set out the proposed amendment;

• 21(2)(c)

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

• 21(2)(d)

  be submitted in the prescribed manner.

• 21(3)Minister may determine entitlement

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

• 22Other documents must accompany

  The Minister shall consider articles of amendment submitted pursuant to section 21 only if the articles of amendment are accompanied by and the Minister may approve the articles of amendment only if the Minister is satisfied that the application for incorporation or the other association’s articles of amendment should also be approved.

• 22(a)

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

• 22(b)

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

• 23Certificate of amendment
• 23(1)

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

• 23(2)Endorsement

  Where the Minister issues a certificate of amendment, the Minister shall cause

• 23(2)(a)

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

• 23(2)(b)

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

• 23(2)(c)

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

• 23(2)(d)

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

• 23(3)Effect of certificate

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

• 24Association liable for debts
• 24(1)

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

• 24(1)(a)

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

• 24(1)(b)

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

• 24(2)Minister may determine debts

  Where no agreement can be reached as to the amount of the debts or the number of registrations and identifications, may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned.

• 24(2)(a)

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

• 24(2)(b)

  any applicant in relation to the proposed new association, and

• 24(2)(c)

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

• 25Amalgamation of associations
• 25(1)

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

• 25(2)Contents of articles of amalgamation

  Articles of amalgamation must

• 25(2)(a)

  set out the names of the associations that desire to amalgamate;

• 25(2)(b)

  be in the prescribed form;

• 25(2)(c)

  set out, in respect of the proposed amalgamated association,

• 25(2)(c)(i)

  the name of the association,

• 25(2)(c)(ii)

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

• 25(2)(c)(iii)

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

• 25(2)(d)

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

• 25(2)(e)

  be submitted in triplicate in the prescribed manner.

• 25(3)Attached declarations

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

• 25(3)(a)

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

• 25(3)(b)

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

• 25(3)(c)

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

• 25(4)Adequate notice

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

• 25(4)(a)

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

• 25(4)(b)

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

• 25(5)Certificate of amalgamation

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

• 25(6)Endorsement

  Where the Minister issues a certificate of amalgamation, the Minister shall

• 25(6)(a)

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

• 25(6)(b)

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

• 25(6)(c)

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

• 25(6)(d)

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

• 25(7)Effect of certificate

  On the date shown in a certificate of amalgamation

• 25(7)(a)

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

• 25(7)(b)

  the property of each amalgamating association becomes the property of the amalgamated association;

• 25(7)(c)

  the amalgamated association is liable for the obligations of each amalgamating association;

• 25(7)(d)

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

• 25(7)(e)

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

• 25(7)(f)

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

• 26Deemed articles

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

• 27Registration

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

• 28Eligibility for registration

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

• 29Certificates of registration
• 29(1)

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

• 29(2)Certificate is proof

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

• 29(3)Form and contents of certificates of registration

  A certificate of registration issued by an association shall be in such form and contain such information as the association requires by its by-laws, but every certificate of registration must set out

• 29(3)(a)

  the name of the association;

• 29(3)(b)

  the animal’s name and particulars of the animal’s individual identification;

• 29(3)(c)

  the animal’s date of birth, sex and registration number;

• 29(3)(d)

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

• 29(3)(e)

  the name of the animal’s owner.

• 29(4)Additional information

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

• 29(4)(a)

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

• 29(4)(b)

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

• 30Purebred status
• 30(1)

  Subject to subsection (2), the determination of what is a purebred of a distinct breed shall be in accordance with the by-laws of the association incorporated in respect of that distinct breed.

• 30(2)Minimum inheritance

  No association may, by its by-laws, determine that an animal is a purebred of a distinct breed if the animal has less than seven-eighths of its inheritance from the foundation stock of the animal’s breed or from animals previously registered as purebreds by the association.

• 31Identification

  The identification of animals of an evolving breed shall be in accordance with the by-laws of the association incorporated in respect of that evolving breed.

• 32Certificates of identification
• 32(1)

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

• 32(2)Certificate is proof

  Unless cancelled, and in the absence of any proof to the contrary, a certificate of identification in respect of an animal named therein is proof that the animal is in the process of evolving into a new breed as an animal of the evolving breed referred to in the certificate.

• 32(3)Form and contents of certificates of identification

  A certificate of identification issued by an association in respect of an animal shall be in such form and contain such information as the association requires by its by-laws, but every certificate of identification must set out