Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CORKY EVANS

MINISTER OF AGRICULTURE,

FISHERIES AND FOOD

BILL 11 – 1997

AGRICULTURE, FISHERIES AND FOOD

STATUTES AMENDMENT ACT, 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Animal Disease Control Act

Section 1 of the Animal Disease Control Act, R.S.B.C. 1996, c. 14, is amended by adding

the following

definitions:

"auctioneer" means a person who acts as an auctioneer at a sale of livestock by

auction at a public sale yard or another place;

"farmer" means a person

(

a) who is principally occupied in producing agricultural products on a farm

that is adequate in all respects for the feeding and keeping of the number of

livestock on it at any time, and

(

b) whose transactions in livestock are restricted to those that arise solely from

the person's occupation described in paragraph (a);

"game" means game as defined in the Game Farm Act that is being raised for

agricultural purposes under a licence issued under that Act;

"hide" means the untanned skin of livestock;

"hide dealer" means a person who buys or sells hides or possesses hides for sale;

"livestock" means cattle, horses and game and includes other animals designated by

the regulations as livestock for the purposes of all or part of this Act or the

regulations;

"livestock dealer" includes a person who, whether on the person's own behalf or as

agent for another, and whether on a commission basis or otherwise,

(

a) buys or offers to buy livestock, or

(

b) sells or offers to sell, or possesses for sale any livestock or livestock

carcasses or portions,

but does not include a resident of British Columbia who is a farmer;

"meat" means the whole or part of a carcass of livestock but does not include the

hide;

"operator" means a person, group of persons or organization engaged in the

business of operating public sales;

"public sale" means a sale or offering for sale of livestock at

(

a) a public sale yard, or

(

b) another place designated by the minister;

"public sale yard" means a place of business where livestock are sold, offered for

sale or kept for sale;

"slaughter" means the killing of livestock for any purpose and includes the

butchering and dressing of a carcass;

"slaughterhouse" means a building or place where livestock are slaughtered or held

for slaughter.

2 The following sections are added:

Licences required

18.1

(1) Unless the person is licensed under this Act to do so and is bonded if required

under the regulations, a person must not carry on business as

(

a) an auctioneer,

(

b) a hide dealer,

(

c) a livestock dealer, or

(

d) an operator.

(2) A person must not maintain or operate a public sale yard unless licensed under

this Act to do so and bonded if required under the regulations.

(3) A person must not slaughter livestock for food for animals or for human

consumption unless the person is licensed under this Act to operate a slaughterhouse and is bonded if required under the regulations.

Suspension, cancellation or refusal to renew licences

18.2

(1) A licence may be suspended or cancelled, or its renewal refused, if the licensee

(

a) knowingly gave false information on an application for the licence, or

(

b) contravened this Act or the regulations, or a term or condition of the licence.

(2) Notice of the suspension or cancellation of a licence must be served personally

on the licensee or sent by registered mail to the licensee's last known address.

(3) A notice sent by registered mail to the licensee's last known address is conclusively deemed to be served on the person to whom it is addressed on

(

a) the 14th day after the notice was deposited with Canada Post, or

(

b) the date on which the notice was actually received by the person, whether

by mail or otherwise,

whichever is earlier.

(4) A suspension or cancellation of a licence, or a refusal to grant or renew a licence,

may be appealed in the manner and within the time established under the

regulations and, on appeal, the appellate body established under the regulations

may

(

a) make an order confirming, reversing or varying the order, decision or determination under appeal,

(

b) refer the matter back with or without directions to the body that made the

order, decision or determination under appeal, or

(

c) make another order it considers appropriate in the circumstances.

Section 19 is amended by adding the following subsection:

(2.1) A person commits an offence and is liable on conviction to a fine not exceeding

$2 000 if the person

(

a) slaughters livestock, unless the person has a licence to operate a slaughterhouse or slaughters cattle in a place other than a slaughterhouse,

(

b) maintains or operates a public sale yard while not licensed under this Act to

do so,

(

c) carries on business as an auctioneer, a hide dealer, a livestock dealer or an

operator, without a licence, or

(

d) removes the hide from livestock, unless the person is the owner or a person

authorized by the owner or is an inspector.

Section 20 is amended

(

a) in subsection (2) by adding the following paragraphs:

(

t) designating a species of animal for the purposes of the definition of

"livestock" in

section 1;

(

u) establishing classes of public sales and public sale yards;

(

v) establishing standards for public sale yards;

(

w) respecting the issue, renewal, refusal to grant or renew, suspension and

cancellation of licences including

(

i) a body that may issue, or may refuse to issue or renew, a licence,

(iii) the charging of fees for a licence by a body specified under subparagraph (i),

(iv) the body that may suspend or cancel a licence,

(

v) the procedures for conducting a refusal to renew, suspension or

cancellation proceeding,

(vi) the body that may hear appeals if a licence has been refused, not

renewed, suspended or cancelled or if the inclusion or exclusion of a

term or condition in the licence is disputed,

(vii) the procedures for conducting an appeal proceeding,

(viii) the charging of fees by the body that may hear appeals, and

(ix) any matter necessary or advisable to provide effectively for the issue,

renewal, refusal to grant or renew, suspension or cancellation of

licences;

(

x) respecting the movement of livestock, meat and hides;

(

y) concerning bonding for the purposes of

section 18.1;

(

z) concerning dealing in livestock or hides;

(z.1) respecting conditions under which livestock are admitted to, assembled,

offered for sale, segregated or disposed of at public sales;

(z.2) providing for the inspection of any livestock, animal, poultry, bird or

household pet and for their exclusion from a public sale;

(z.3) concerning the keeping of records and the submission of reports by

operators, auctioneers and livestock dealers, and the availability of those

reports for scrutiny by a person appointed by the minister;

(z.4) prohibiting the sale of a specified type of game at a public sale;

(z.5) respecting the slaughter of livestock;

(z.6) respecting the records to be kept and made available by a person slaughtering livestock or dealing in livestock, meat or hides. , and

(

b) by adding the following subsection:

(3) A body established under subsection (2) (w) (

i) may retain any fees it collects

under a regulation made under subsection (2) (w) (iii).

Cattle (Horned) Act

Section 1 of the Cattle (Horned) Act, R.S.B.C. 1996, c. 44, is amended

(

a) in the definition of "dealer" by striking out

" Livestock Brand Act ;" and substituting " Livestock

Identification Act ;" , and

(

b) in the definition of "inspector" by striking

out " Livestock Brand Act ;" and substituting " Animal

Disease Control Act or Livestock Identification Act ;" .

Farm Practices Protection (Right to Farm) Act

6 Sections 6 (2), (3) and (5) and 7 (3) of the Farm Practices Protection (Right to Farm) Act,

R.S.B.C. 1996, c. 131, are amended by striking out "board" wherever it appears and

substituting "chair of the board" .

Section 8 (1) is amended by striking out "the board or" and substituting "the chair or" .

Section 11 (1) is amended by striking out "The board or" and substituting "The board, the

chair of the board or" .

Section 12 (2) (c) (ii) is amended by striking out "the board or" and substituting "the

board, the chair of the board or" .

Forest Practices Code of British Columbia Act

Section 74 (3) of the Forest Practices Code of British Columbia

Act, R.S.B.C. 1996, c. 159, is amended by striking out " Livestock

Brand Act ." and substituting " Livestock Identification

Act ."

Livestock Act

Section 1 of the Livestock Act, R.S.B.C. 1996, c. 270, is amended

in the definition of "brand inspector" by striking out " Livestock

Brand Act ;" and substituting " Livestock Identification

Act ;" .

Livestock Brand Act

12 The Livestock Brand Act, R.S.B.C. 1996, c. 271, is amended by repealing the title and

substituting the following:

LIVESTOCK IDENTIFICATION ACT .

Section 1 is amended

(

a) by repealing the definition of "board" ,

(

b) by repealing the

definitions of "brand" , "identification brand" and "inspector"

and substituting the following:

"brand" means an identification impressed or affixed on or within the body of

livestock to indicate ownership;

"identification brand" means an identification impressed or affixed on or within

the body of livestock for a purpose other than to indicate ownership;

"inspector" means an inspector appointed under

section 3 insofar as the inspector

appointment under

section 3; , and

(

c) by repealing the

definitions of "recorder" and "register" and substituting the

following:

"register" means a register of brands for the purposes of this Act; .

14 Sections 3 and 4 are repealed and the following substituted:

Inspectors

(1) The minister may appoint a person, or persons within a class, to be inspectors.

(2) The minister, in an appointment under subsection (1), may

(

a) limit the powers and functions under

section 5 that the inspector may

exercise, or

(3) An officer or constable of the Royal Canadian Mounted Police or of any police

force of a municipality has the powers of an inspector under

section 5.

Evidence of appointment

4 The production by an inspector of a notice of appointment purported to be signed by

the minister is proof in the absence of evidence to the contrary of the facts stated in

the notice.

Complaints

4.1

(1) A person affected by the exercise of a power under

section 5, or the refusal to

exercise a power, by an inspector may complain to the body established under the

regulations to investigate complaints.

(2) On receipt of a complaint, the body must investigate the matter raised by the

complaint and may request that the inspector who is the subject of the complaint

provide it with any information regarding the matter that the inspector considers

should be considered during the investigation.

(3) The body referred to in subsection (1) may discontinue, at any stage, an investigation under this

section if it considers the complaint to be unfounded, frivolous

or vexatious.

(4) Unless subsection (3) applies, after completing an investigation and considering

the information, if any, provided by the inspector, the body must

(

a) prepare its report to the minister,

(

b) give the inspector an opportunity to respond to the report,

(

c) make alterations to the report in light of that response, where appropriate,

and

(

d) submit the report to the minister.

(5) On receipt of a report made under subsection (4), the minister may, as the minister

considers appropriate,

(

a) rescind the inspector's appointment,

(

b) add terms or conditions, or limit powers or functions, as described in

section

3 (2) respecting the appointment, or

(

c) take no action.

15 Sections 6 and 7 are repealed.

Section 8 (1) is amended

(

a) by striking out "or the recorder" , and

(

b) by striking out "or recorder" .

Section 9 is amended

(

a) by repealing subsection (1) (a) (iii) and substituting the following:

(iii) an identification brand not authorized by an organization designated

by the regulations; ,

(

b) by repealing subsection (1) (b) (ii) and substituting the following:

(ii) an identification brand not authorized by an organization designated

by the regulations; ,

(

c) by repealing subsection (1) (e), (

f) and (g), and

(

d) by repealing subsections (3) and (4).

18 The following sections are added:

Registration programs

9.1

(1) The minister, by order, may

(

a) designate organizations that may establish one or more programs specified

in the order for the registration of brands or use of identification brands for

British Columbia or an area of British Columbia, and

paragraph (

a) must follow

(

i) to establish and administer a program for the registration of brands or

use of identification brands, or

(ii) to issue, refuse to issue, attach conditions to, transfer, amend, renew,

suspend or cancel the registration of a brand or use of an identification brand.

(2) An order under subsection (1) may

(

a) make different provisions for different areas of British Columbia, organizations, categories of livestock, brands or identification brands,

(

b) specify the circumstances under which and the extent to which an organization may delegate one or more of its powers, duties or functions under a

program to its officers, agents or employees, or

(

c) authorize and require an organization to

(

i) maintain livestock that is awaiting inspection or is detained by an

inspector, and

(ii) detain and sell livestock that is abandoned.

(3) An organization designated under subsection (1) may charge and retain fees for

services it performs.

Direction by the minister

9.2

(1) The minister may issue a direction to an organization designated under

section 9.1 or to its members specifying the factors, criteria and guidelines that

the organization or members must or must not use in exercising the organization's powers.

(2) The organization and its members must comply with any general or special

direction made by the minister under subsection (1).

Section 10 (2) is amended

(

a) by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) the types or classes of livestock that must be branded to be within an area

of British Columbia specified in the regulation;

(

b) the establishment of a body for the purposes of

section 4.1, the procedures

to be followed by the body when conducting an investigation into a

complaint and requesting information from the investigator who is the

subject of the complaint, and the information to be contained in the report

by the body; , and

(

b) by repealing paragraphs (d), (h), (m), (

n) and (o).

20 The following

section is added:

Revocation of brand registration

(1) On the date this

section comes into force

(

a) all registrations, by the Recorder of Brands under this Act, of brands and use

of identification brands are revoked, and

(

b) brand certificates, issued by the Recorder of Brands under this Act, have no

force or effect on and after that date except for the purposes of

section 8

respecting matters arising before that date.

(2) Despite any other enactment, no damages or compensation of any kind is payable

by the government, and no proceedings in which damages or compensation is

claimed may be commenced, as a consequence of subsection (1).

Livestock Public Sale Act

21 The Livestock Public Sale Act, R.S.B.C. 1996, c. 274, is repealed.

Municipal Act

22 Sections 918 and 919 of the Municipal Act, R.S.B.C. 1996, c. 323, are repealed and the

following substituted:

Application

918 (1) Sections 887 (8), 903 (5) and 917 do not apply unless a regulation under this

section declares that they apply.

(2) The Lieutenant Governor in Council may declare by regulation that, generally or

for some or all of the geographic area specified in the regulation, on and after the

date specified in the regulation,

section 887 (8), 903 (5) or 917 applies to

(

a) the board of a regional district specified in the regulation,

(

b) the council of a municipality specified in the regulation, or

(

c) the local trust committee under the Islands Trust Act of a local trust area

specified in the regulation.

Three year review of bylaws affecting farming areas

(1) In this section, "regulation" means a regulation under

section 918 respecting the application of

section 887 (8) or 903 (5) to a board, council or local trust committee.

(2) A board or a local trust committee to which a regulation applies must review all

rural land use bylaws and zoning bylaws of the board or local trust committee, as

the case may be, in order to identify to what extent, if any, the provisions of those

bylaws, relating to any farming areas within the geographic area to which the

regulation applies, are inconsistent with the standards established under

section 916 by the minister.

(3) A council to which a regulation applies must review all zoning bylaws of the

council in order to identify to what extent, if any, the provisions of those bylaws,

relating to any farming areas within the geographic area to which the regulation

applies, are inconsistent with the standards established under

section 916 by the

minister.

(4) During the first 3 years after a regulation commences to apply to the board of a

regional district, to a local trust committee of a local trust area or to the council

of a municipality, as the case may be, or during any extension to that 3 year period

that the minister may grant,

(

a) the board or local trust committee may amend, by bylaw, its rural land use

bylaws or zoning bylaws, and

(

b) the council may amend, by bylaw, its zoning bylaws,

in order to achieve consistency between the bylaws as they relate to any farming

areas within the geographic area to which the regulation applies and the standards

established under

section 916 by the minister.

(5) As an exception to the usual requirements regarding rural land use bylaws and

zoning bylaws, a bylaw that makes an amendment authorized under

subsection (4) may be adopted without public hearing.

Natural Products Marketing (BC) Act

Section 1 of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended

in the definition of "Provincial board" by striking out "section 3;" and substituting "section 3 and includes, except under

section 3 (4), (6) and (7), a panel of not less than 3

members of the British Columbia Marketing Board established under

section 3 (7);" .

Section 3 (7) is repealed and the following substituted:

(7) With the prior approval of the Lieutenant Governor in Council, the Provincial

board may make rules

(

a) governing the practices, procedure and the quorum at its meetings or

hearings, or

(

b) governing the establishment, practices, procedure and the quorum at

meetings or hearings of a panel of the Provincial board.

(8) No proceeding under

section 8 of a panel of the Provincial board in place of the

Provincial board commenced or concluded on or before the date this subsection

comes into force, or any decision made in such a proceeding, may be challenged

or is invalid by reason only that the law did not authorize a panel to act in place

of the Provincial board.

(9) Subsection (8) is retroactive to the extent necessary to give effect to its provisions

with respect to any practice, proceeding or decision to which it refers.

Section 22 (4) (

a) is repealed.

Commencement

26 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 come into force on April

21, 1997.]

Animal Disease Control Act

SECTION 1: [Animal Disease Control Act, amends

section 1] re-enacts

definitions that are

currently in the Livestock Brand Act or the Livestock Public Sale Act that are

required as a consequence of consolidation of licensing requirements from

those Acts into the Animal Disease Control Act .

SECTION 2: [Animal Disease Control Act, enacts sections 18.1 and 18.2] consolidates and

revises the licence requirement and suspension, cancellation or refusal to

renew licences provisions currently in the Livestock Brand Act or the Livestock

Public Sale Act .

SECTION 3: [Animal Disease Control Act, adds

section 19 (2.1)] consolidates offence

provisions respecting licences currently in the Livestock Brand Act or the

Livestock Public Sale Act .

SECTION 4: [Animal Disease Control Act, amends

section 20] consolidates the regulation

making provisions respecting licences currently in the Livestock Brand Act or

the Livestock Public Sale Act .

Cattle (Horned) Act

SECTION 5: [Cattle (Horned) Act, amends

section 1] amends

definitions as a consequence

of the renaming of the Livestock Brand Act as the Livestock Identification Act

and the consolidation of licensing requirements from the Livestock Brand Act

and the Livestock Public Sale Act into the Animal Disease Control Act .

Farm Practices Protection (Right to Farm) Act

SECTIONS 6 to 9: [Farm Practices Protection (Right to Farm) Act, amend sections 6, 7, 8, 11

and 12] allow the chair of the Farm Practices Board to make rulings in place

of the board on certain procedural matters.

Forest Practices Code of British Columbia Act

SECTION 10: [Forest Practices Code of British Columbia Act, amends

section 74] amends

a reference to the Livestock Brand Act as a consequence of the consolidation of

licensing requirements from the Livestock Brand Act into the Livestock Identification Act .

Livestock Act

SECTION 11: [Livestock Act, amends

section 1] amends a reference to the Livestock Brand

Act in the definition of "brand inspector" as a consequence of the renaming of

the Livestock Brand Act as the Livestock Identification Act .

Livestock Brand Act

SECTION 12: [Livestock Brand Act, repeals and replaces the title of the Act] renames the

Livestock Brand Act as the Livestock Identification Act .

SECTION 13: [Livestock Brand Act, amends

section 1] repeals the

definitions of "board"

and "recorder" and amends the

definitions of "inspector" and "register" to

reflect the withdrawal of government from the role of direct provision of brand

registry and inspection services. The

definitions of "brand" and "identification

brand" are amended to better describe the range of current branding techniques.

SECTION 14: [Livestock Brand Act, re-enacts sections 3 and 4 and enacts

section 4.1]

repeals the current sections 3 and 4 of the Act and enacts a new

section 3

allowing the minister to appoint inspectors who need not be public service

employees but who remain accountable to the minister even if they are

employed by other organizations. In making each appointment, the minister

may limit the powers and functions of the inspector and the area of British

Columbia or type of livestock that may be inspected using the powers under

section 5 of the Act. The new

section 4 of the Act makes the notice of appointment a form of proof of the appointment. The new

section 4.1 of the Act establishes the framework for a complaints review procedure.

SECTION 15: [Livestock Brand Act, repeals sections 6 and 7] repeals reference to the Board

of Brand Commissioners as the complaint review function of that board is

being replaced by the procedure referred to in the new

section 4.1 of the Act

that

section 14 of this Bill enacts.

Section 2 of this Bill, in new

section 18.2 of

the Animal Disease Control Act consolidates and revises the suspension and

cancellation of licences provisions that are currently the board's responsibility.

SECTION 16: [Livestock Brand Act, amends

section 8 (1)] deletes reference to the recorder

consequential to the amendment to

section 1 of the Act and the enactment of

section 11 of the Act.

SECTION 17: [Livestock Brand Act, amends

section 9] amends

section 9 (1) (a) (iii)

and (b) (ii) of the Act to allow the withdrawal of the government from the

operation of the brand registry and the assumption by various livestock

industry organizations of a brand registry role for their sectors of the industry.

The repeal of

section 9 (1) (e), (

f) and (

g) of the Act is a consequence of the

consolidation of licensing provisions in the Animal Disease Control Act . The

repeal of

section 9 (3) and (4) of the Act removes a reverse onus faced by

persons charged with certain offences under the Act.

SECTION 18: [Livestock Brand Act, enacts sections 9.1 and 9.2] allows the minister to

authorize various livestock industry organizations to establish brand registries

for their sectors of the industry and gives the minister the capacity to give

directions to guide these organizations in the exercise of their powers under the

Act.

SECTION 19: [Livestock Brand Act, amends

section 10 (2)]

repeals the regulation making powers associated with the requirement that

the government itself operate the brand registration system and enacts regulation making powers to allow the Lieutenant Governor in Council to

specify the types or classes of livestock that must be branded to be located

within specified areas of British Columbia;

enacts regulation making powers to allow the Lieutenant Governor in

Council to establish a complaints review body and the procedures to be

followed to deal with complaints.

SECTION 20: [Livestock Brand Act, enacts

section 11] revokes the registration of all current

brands and makes current brand certificates inoperative for most purposes

when the new

section 11 of the Act comes into force.

Livestock Public Sale Act

SECTION 21: [Livestock Public Sale Act, repeals Act] .

Municipal Act

SECTION 22: [Municipal Act, re-enacts sections 918 and 919] allows flexibility to restrict

the application of

(a)

section 887 (8), 903 (5) and 917 of the Act, but not necessarily all 3 sections,

to specified geographic areas, and

(

b) a bylaw review process under

section 919 of the Act to a regional district or to

the municipalities within a regional district that are directly affected by

standards established under

section 916 of the Act by reason of a regulation

made under

section 918.

Natural Products Marketing (BC) Act

SECTIONS 23 to 25: [Natural Products Marketing (BC) Act, amend sections 1, 3 and 22] make

explicit provision for the creation of panels of the Provincial board to act in

place of that board in specified circumstances. These amendments also ratify

legitimate past use of panels in similar circumstances.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada