2002 1 1 ANIMAL PRODUCTS BILL No. 44 of 2002

An Act to amend The Animal Products Act (Assented to , 2002) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Animal Products Amendment Act, 2002. R.S.S. 1978 (Supp.), c.A-20.2 amended 2 The Animal Products Act is amended in the manner set forth in this Act.

Section 2 amended 3 The following clause is added after clause 2(b): “(b.1) ‘department’ means the department over which the minister presides”. New sections 3 and 4 4 Sections 3 and 4 are repealed and the following substituted: “Appointment of inspectors 3(1) Every member of the Royal Canadian Mounted Police, by virtue of that position, is an inspector for the purposes of this Act and the regulations made pursuant to this Act.

(2) The minister may appoint any person or category of persons employed by the Government of Saskatchewan or the Government of Canada as an inspector or as inspectors for the purposes of this Act and the regulations made pursuant to this Act.

(3) The minister may appoint any person or category of persons as an inspector or as inspectors if, in the minister’s opinion: (

a) an emergency or other circumstance has arisen or may arise that, in the interests of the public, requires or may require the appointment of additional inspectors pursuant to this Act; and (

b) the person or category of persons to be appointed has the training or expertise to carry out the duties of an inspector pursuant to this Act and the regulations.

(4) Subject to subsection (5), a person appointed as an inspector pursuant to subsection (3): (

a) holds that position for a term not exceeding six months; and (

b) is eligible for re-appointment.

2002ANIMAL PRODUCTS 2 2

(5) The minister may, at any time, revoke the appointment of a person as an inspector pursuant to subsection (2) or (3).

(6) The appointment of a person as an inspector pursuant to subsection (2) is deemed to be revoked if the person ceases to be employed in the capacity mentioned in the appointment.

(7) The minister may provide remuneration and reimbursement for expenses to any person appointed as an inspector pursuant to subsection (3), other than a person who is a member of the public service of Saskatchewan, at the rates approved by Treasury Board.

(8) Notwithstanding any other provision of this section, the minister may restrict the authority of an inspector appointed pursuant to subsection (2) or (3) to the enforcement of certain provisions of this Act or of the regulations made pursuant to this Act, as specified in the appointment. “ Certificate of appointment of inspector 4 A certificate of the appointment of an inspector pursuant to subsection 3(2) or (3) is, without proof of the signature or official position of the person purporting to have signed the certificate, proof of the appointment of the inspector, in the absence of evidence to the contrary”.

Section 15.1 amended 5(1) Subsection 15.1(1) is amended by adding “ and in

section 15.2 ” after “section”.

(2) Subsection 15.1(2) is amended by adding “

section 15.2 and ” after “subject to”. New

section 15.2 6 The following

section is added after

section 15.1: “Resolution of animal keeper’s lien by arbitration or otherwise 15.2(1) In this

section and in

section 18: (a) ‘arbitrator’ includes an arbitral tribunal composed of more than one arbitrator; (b) ‘holdback’ means that portion of the proceeds of sale to be deducted by the market operator pursuant to clause (5)(

b) and held pending the outcome of the dispute between the parties; (c) ‘market operator’ means the owner or person in charge of a stockyard or auction market where livestock are held for sale; (d) ‘party’ means: (

i) an animal keeper; or (ii) a person who is indebted to an animal keeper; (e) ‘person who is indebted to an animal keeper’ means a person who is indebted to an animal keeper for the price of food, care, attendance, accommodation, treatment or services furnished for an animal.

2002 3 3 ANIMAL PRODUCTS

(2) If an animal keeper detains an animal pursuant to

section 15.1, the person who is indebted to the animal keeper may reclaim the detained animal by paying his or her indebtedness to the animal keeper within 30 days from the day of the commencement of detention.

(3) If the person who is indebted to the animal keeper does not reclaim the animal within the 30-day period mentioned in subsection (2), the animal keeper may offer the animal for sale to recover costs with respect to the lien and the detention.

(4) A sale pursuant to subsection (3) must be by public auction, conducted in accordance with the regulations.

(5) If an animal is sold by public auction pursuant to this section, the market operator: (

a) may, subject to the regulations, deduct from the proceeds of the sale any expenses of the market operator respecting the sale of the animal; (

b) shall: (

i) deduct from the balance of the proceeds of sale that remain after a deduction pursuant to clause (a), if any, the amount claimed by the animal keeper to be owing to the animal keeper pursuant to the lien and the detention; and (ii) hold the amount deducted pursuant to subclause (

i) in an interest-bearing account for 30 days after the date of the sale; and (

c) shall pay the balance of the proceeds of sale that remain after a deduction pursuant to clause (b), if any, to the person who is indebted to the animal keeper.

(6) Any interest earned on the holdback during the 30-day period mentioned in subsection (5), or during any period in which the holdback is held by the department pursuant to subsection (9), is deemed to be part of the holdback.

(7) If a person who is indebted to an animal keeper disputes the amount claimed by the animal keeper, the person who is indebted to the animal keeper may require that the dispute be referred to arbitration by serving, within 30 days after the date of a sale pursuant to subsection (3), a notice of arbitration, in the form and manner prescribed in the regulations, on: (

a) the animal keeper; and (

b) the market operator.

(8) If the person who is indebted to the animal keeper does not serve a notice of arbitration within the 30-day period mentioned in subsection (7), the market operator shall pay the holdback to the animal keeper.

2002ANIMAL PRODUCTS 4 4

(9) If the person who is indebted to the animal keeper serves a written notice of arbitration within the 30-day period mentioned in subsection (7), the market operator shall pay the holdback to the department, to be held by the department in an interest-bearing account pending the outcome of the dispute.

(10) For the purposes of this section, arbitrators are to be appointed and arbitration proceedings are to be conducted in the manner and according to the procedures set out in the regulations.

(11) Either party may appeal the decision of the arbitrator to the Court of Queen’s Bench on a question of law.

(12) An appeal to the Court of Queen’s Bench must be made within 30 days after the date of the arbitrator’s decision.

(13) An appeal to the Court of Queen’s Bench is to be by notice of motion.

(14) The party making the appeal shall: (

a) serve a copy of the notice of motion on the other party to the dispute; and (

b) notify the minister of the appeal, in writing.

(15) The decision of the Court of Queen’s Bench on an appeal pursuant to this

section is final.

(16) The department shall pay out the holdback in accordance with the decision of the arbitrator or the Court of Queen’s Bench, or in accordance with the agreement reached by the parties, as the case may be, after: (

a) the parties notify the minister in writing that they have resolved their dispute; (

b) the time for making an appeal pursuant to subsections (11) to (14) has expired and the minister has not been notified in writing within that time that an appeal has been made; or (

c) an appeal has been made to the Court of Queen’s Bench and that court has rendered its decision.

(17) All costs of an arbitration are to be borne equally by the parties.

(18) Subject to the regulations, The Arbitration Act, 1992 does not apply to arbitrations to be conducted pursuant to this section”.

Section 18 amended 7 The following clauses are added after clause 18(r): “(r.1) respecting the manner in which a public auction must be conducted for the purposes of

section 15.2; “(r.2) respecting the deduction of expenses by market operators for the purposes of

section 15.2;

2002 5 5 ANIMAL PRODUCTS “(r.3) prescribing the form of the notice of arbitration mentioned in

section 15.2 and the manner of effecting service of that notice; “(r.4) respecting the manner in which arbitrators are to be appointed and arbitration proceedings are to be conducted for the purposes of

section 15.2; “(r.5) prescribing provisions of The Arbitration Act, 1992 that apply to arbitrations to be conducted pursuant to

section 15.2”. Coming into force 8(1) Subject to subsection (2), this Act comes into force on assent.

(2) Sections 3, 5, 6 and 7 of this Act come into force on proclamation.

2002ANIMAL PRODUCTS 6 6 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2002