1990 BILL 31 Second Session, 22nd Legislature, 39 Elizabetii II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 31 LIVESTOCK INDUSTRY DIVERSIFICATION ACT THE MINISTER OF AGRICULTURE Fkst Readmg Second Reading •• • • • Committee of the Whole Thkd Reading Royal Assent s- • • •

Bill 31 BILL 31 1990 LIVESTOCK INDUSTRY DIVERSIFICATION ACT (Assented to , 1990] Table of Contents

Interpretation Administration Dkector and inspectors Terms and conditions of permissions, etc.

Licensmg of Game Animal Production Farms Requkement for licence Application for licence Issue or refusal of licence Cancellation of licence Appeal against refusal or cancellation Effect of cancellation Terms and conditions of licence Operation of Game Animal Production Farms Identification and registration of animals Restriction on animal species on farm Separation of live authorized animals from others Containment Entry to and exit from farm Animal records and reports Condition of farm and humane care of animals Diseased animals Importation of animals Matters Related to Game Animal Production Farming Liability for trespassing animals Sale of live prospective game-production animals Slaughter of game-production animals Sale of non-meat parts or products

Sale of meat of non-prescribed animal 24 Miscellaneous Compensation 25 Entty and inspection 26 Hindrance or obstruction 27 Signs and notices 28 False or misleading iikormation 29 Offences and penalties 30 Limitation of time for prosecution 31 Vicarious UabUity 32 Lieutenant Govemor in Cotmcil regulations 33 Mmisterial regulations 34 Consequential amendments to Livestock Identification and Brand Inspection Act 35 Consequential amendment to Livestock and Livestock Products Act 36 Consequential amendments to Wildlke Act 37 Consequential amendments to other Acts 38 Coming into force 39 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: Inteiprctetion 1(1) Jn Ulis Act, (a) "abattok" means an abatttik or establishment witiiin die meaning of the Meat Inspection Act; (b) "autiiorized present or prospective game-production animal" means, in relation to a game animal production farm, a game- production animal or a prospective game-production animal, as the case may be, of a species whose retention on the farm is specifically autiiorized by the farm licence or is authorized by

section 12(2); (c) "Court" means tiie Court of Queen's Bench; (d) "Dkecttir" means die Dkector of die Animal Industiy Division of the Department of Agricultme, and includes a person tt) whom diat Dkector delegates functions under

section 2(1); (e) "game anunal production farm" or "farm" means a place where live game-production animals are or, k a licence is granted, wUl be kept, but does not include a veterinary cUnic, abatttik, temporary holding faciUty or any otiier place where live game-production anunals are kept for some temporary purpose only;

(f) "game-production animal" or "present game-production animal" means a wildlke animal of a prescribed species tiiat does not belong to the Crown, diat is identified and registered and that is in captivity in Alberta for the purpose or tiie ultimate purpose of reproduction, sale as breeding stock or as meat or the sale of prescribed parts of it, or for any combination of those purposes; (g) "identkied" means identified pursuant to regulations made with reference to

section 11(6); (h) "inspector" means an individual appointed as an inspecttir under

section 2(2); (i) "licence" means a licence under this Act autiiorizing tiie operation of a game animal production farm; (j) "meat" means tiie flesh or any product of die flesh of a dead present or prospective game-production animal; (k) "Minister" means tiie Minister of Agricultme; (1) "operator" means, in relation to a game animal production farm, a person who holds or is requked by this Act to hold a licence autiiorizing the operation of the farm, or a former licensee whose farm is being operated pmsuant to

section 9; (m) "person" includes a partnership or other unincorporated group of persons; (n) "prospective game-production animal" means a species animal that is not a game-production animal, that is in captivity for a purpose referred to in clause (

f) and (

i) that is registered or identified or respecting which tiiere exists evidence of a reasonably and lawfully held intention to register or identky it, (ii) that is a game-production anunal except only tiiat it is in captivity elsewhere than ki Alberta, or (iu) diat does not belong to die Crown and is progeny of a female present or prospective game-production animal; (o) "registered" means registered pmsuant tt) regulations made widi reference to

section 11(6); (p) "species" includes subspecies;

(q) "species animal" (

i) where the phrase is used in a provision that relates to a game animal production farm, means any wUdUfe animal of the same species as an authorized present or prospective game-production animal, and (ii) otherwise means any wildlife animal of die same species as any game-production animal, whetiier or not that animal is a present or prospective game- production animal.

(2) Expressions used in this Act that are defined or are die subject of

interpretation provisions in the Wildlife Act and are not defined in diis Act have die meanings assigned to them in tiie Wildlife Act. Director and inspectors Terms and conditions of permissions, etc. Administration 2(1) The Dkectt)r of the Animal Industty Division of the Department of Agriculture may delegate all or any of his powers and duties under this Act to an employee of the Crown working in tiiat Department.

(2) The Minister may in writing appoint individuals as inspectors for tiie purpose of assisting the Director in the administtation of tills Act. 3(1) A permission, order or other decision of the Minister or the Directt)r pursuant to tiiis Act may be made subject to any terms and conditions that he considers appropriate.

(2) A person shall not contiavene any term or condition imposed under subsection (1). Requirement for licence Licensing of Game Animal Production Farms 4(1) A person shall not operate a game animal production farm unless its operation is authorized by a licence,

(2) A person is not eligible to acquire or to hold a Ucence unless (

a) he holds an estate in land comprising or including die area on which tiie farm wUl be or is situated and that estate is registered under the Land Titles Act, or (

b) he is in possession of that land under written arrangements made with the person referred to in clause (

a) who would

otiierwise be in possession of it and a copy of tiiose artangements has been provided to the Dkectt)r. AR)iication for 5(1) A person wishing to apply for a licence must apply tt) tiie licence Dkccttir in tiie form provided by the Dkector.

(2) The Dkector may, by notice in writing, requke the appUcant to provide to him any further information about the farm or its proposed operation that he considers necessary to enable tiie Minister to determine whether the appUcation should be granted or refused and the appropriate terms and conditions, k any, to attach. Issue or refusal 0(1) The Mkiistcr shaU issue a licence to tiie appUcant respecting of Ucence ^^ ^^^^ spcckicd in die appUcation k and only if (

a) tiie appUcant is eligible under

section 4(2), (

b) tiie appUcant has compUed with

section 5(1) and witii any notice under

section 5(2), (

c) the Minister considers that the farm and its proposed operation, as specified in the appUcation, would conform witii this Act, (

d) the Minister considers that the appUcation accurately reflects the acmal or proposed ckcumstances respecting tiie farm, and (

e) the appUcant pays die fee prescribed by die Minister.

(2) A Ucence must be in the form prescribed by the Minister and must specify the precise location of the farm.

(3) The Minister shaU not issue a licence authorizing tiie operation of a farm or any part of a farm on land belonging to the Crown that is (

a) under the administiation of die Minister of Forestry, Lands and WUdUfe, or (

b) under the admuiistiation of tiie Minister of Municipal Affaks and within a special area constimted under tiie Special Areas Act.

(4) The Minister may endorse any terms and conditions on the licence, and the rights attached to die licence are subject to any such terms and conditions and tt) any otiier terms and conditions of the Ucence that are prescribed by the Minister.

(5) A Ucence may not be tiansferred by its holder to any other person.

(6) A licence expires on March 31 following the date of its commencing to have effect.

(7) The Minister shaU forthwith notify the applicant in writing, witii reasons, k he refuses a licence. Cancellation of licence 7(1) The Minister may, by giving notice in writing to tiie Ucensee, cancel a licence k he is satisfied that the Ucensee has contiavened or permitted the contiavention of any provision of this Act, the Wildlife Act. the Meat Inspection Act, the Meat Inspection Act (Canada), the Livestock Identification and Brand Inspection Act, the Livestock and Livestock Products Act, the Livestock Diseases Act, the Animal Protection Act or any regulations under any such Act.

(2) The Minister may cancel a licence on the written request of the licensee. Appeal against 8(1) A pcrsou whosc appUcation for a Ucence has been refused or cS^tia^on whose liccncc has been cancelled under

section 7(1) may appeal the refusal or cancellation by serving the Minister with a notice of appeal within 30 days after being notkied of die refusal or cancellation.

(2) The Minister shall, within 30 days after being served with the notice of appeal, appoint an appeal board consisting of not fewer than 3 and not more than 5 persons tt3 hear the appeal.

(3) The Minister shall designate one of the members of die appeal board to be its chairman.

(4) The Minister may specky in writing the time within which the appeal board is to hear die appeal and give a decision, and he may extend that time.

(5) The appeal board may, by order, (

a) confirm the refusal to issue a licence or the canceUation of a Ucence, (

b) dkect tiiat the application for a licence be approved, or (

c) reinstate a cancelled licence for the dmation of die licence year, and the appeal board shall forthwith notify die Minister and the appellant of its decision.

Effect of cancellation Tmns and conditions of licoice

(6) The Minister or the appUcant or former licensee may appeal the decision of die appeal board by fUing an originating notice witii the Court witiiin 30 days after being notkied in writing of the decision, and the Court may make any order that an appeal board can make under subsection (5).

(7) The Minister may pay reasonable fees and expenses to any members of the appeal board who are not employees of the Crown.

(8) An appeal under this

section does not operate as a stay of tiie decision appealed against. 9(1) Notwithstanding

section 4(1), where a licence has been cancelled under

section 7(1), die farm may continue to be operated without a Ucence for 3 months after the effective date of tiie cancellation, but only to such an extent as is necessary tt) allow tiie orderly Uquidation of the farm operation.

(2) The Minister may, on the written application of die former licensee, in writing extend the initial 3-month period referred tt) in subsection (1) for one further period of up to 3 montiis where he considers that ckcumstances justify an extension, but no furtiier extensions are permitted. 10 An operator shall not contravene any of the terms or conditions of (

a) tiie licence, or (

b) where the farm is being operated pmsuant to

section 9, the licence in force immediately before its cancellation. Operation of Game Animal Production Farms idraitification 11(1) Where a live authorized prospective game-production SluSS^°" animal is brought onto a farm, tiie operator shaU, witiiin 30 days from that time, have it (

a) registered, and (

b) unless it is progeny that is not yet weaned, identified.

(2) Subject tt) subsection (1), an operator shaU have live progeny bom to a female autiiorized present or prospective game-production animal (

a) registered within 30 days after bkth, and (

b) identified at or before weaning.

(3) Where there is a live authorized prospective game-production anunal on a farm under any ckcumstances other than those described ki subsections (1) and (2), the operator shall have it registered and identified at die earliest practicable time.

(4) Notwitiistanding anytiiing in tiiis section, an operator shall not have a prospective game-production animal (

a) registered or identkied unless k is tiien held captive on tiie farm, (

b) registered or identified if it is tiien in quarantine or in isolation on the farm under tiiis Act or any other law, or (

c) identkied if it tiien belongs to tiie Crown.

(5) Where registiation or identification or botii are delayed by vkme of die application of subsection (4)(b), tiie operatt)r shall have tiie animal registered or identkied or botii witiiin 30 days after tiie end of the period of quarantine or isolation.

(6) Registtation and identification requked by this

section shaU be effected in accordance with the requirements prescribed by the Minister.

(7) Neither registiation nor identification affects the ownership of a present or prospective game-production animal. Restriction on 12 Au Operator shaU not permk a present or prospective game- mim^species production animal to be kept captive on the game animal production farm unless (

a) the farm licence specificaUy authorizes animals of the species to which that animal belongs to be kept on the farm, or (

b) where the farm is being operated pmsuant to

section 9, the farm Ucence, immediately before its canceUation, specifically authorized animals of the species to which that animal belongs to be kept on the farm. 13(1) An operatt)r shall make reasonable efforts to ensme tiiat Uve Sq)aration of anknds baa autiiorizcd present and prospective game-production animals on the others game animal production farm are kept there and that other Uve species animals are kept off the farm.

(2) If a live species animal that is not an authorized present or prospective game-production animal is found on a farm, the operator shall forthwith notky a wUdUfe officer employed in the Department of Forestiy, Lands and Wildlke of tiiat fact.

Containment Entry to and exit from farm (3) Subsection (1) does not apply to game-production animals lawfully taken off the farm in captivity. 14 An operatt)r shall ensme that his farm at all times has enclosures, pens and handling facUities that (

a) so far as practicable, are capable of ensuring that Uve authorized present and prospective game-production animals in them are kept inside tiiem and other Uve species animals are kept outside them, and (

b) conform to the requkements prescribed by the Minister. 15(1) An operator shall not aUow a live prospective game- production animal to leave tiie farm in captivity.

(2) A former Ucensee whose licence has been canceUed under

section 7(1) shall not allow (

a) any present or prospective game-production animals into, or (

b) any game-production animals out of, the farm in captivity without the written permission of the Director. Animal records 16(1) Au Operator shaU keep the records prescribed by tiie and reports Minister of all present and prospective game-production animals kept on the farm, including records of births and deaths.

(2) An operator shall submit reports about the farm and tiie present and prospective game-production animals kept there to tiie Dkecttir in tiie form and at the mtervals prescribed by die Minister.

(3) The Dkector may, by notice in writing, requke an operator to submit to him, within the time and in the form or manner stated in the notice, (

a) any information requked by the notice tiiat relates or is incidental to the farm operation or to the animals on the farm, (

b) any information pertaining to any records tiiat relate to that operation or those animals and tiiat are sufficientiy described in die notice to enable tiiek identification, and (

c) any samples or specunens specified in the notice.

(4) The operatt)r shall comply widi the notice, but may comply witii a notice under subsection (3)(

b) by permitting an inspector to inspect die records to which die notice relates and, on tiie request

Condition of farm and humane care of animals Diseased animals Importation of of that inspector, to take them away for further examination or copying.

(5) A record taken away under subsection (4) shaU be rettuned tt) the operator withm 7 days after it was taken or within such longer period as the Court dkects for cause or that is agreed to by the operattir.

(6) An appUcation to the Court under subsection (5) shall be made on notice to tiie operator. 17 An operator shaU (

a) maintain his farm in a clean and sanitary condition, and (

b) employ reasonable and generally accepted practices of animal management and husbandry in the tieatinent of all present and prospective game-production anunals. 18(1) Where the Dkector has reason to beUeve that there is on a farm a species anunal described in

section l(l)(q)(

U) tiiat has contiacted a contagious or irkectious disease or any other condition that may be hazardous to other animals or humans, he may in writing order the whole or a part of the farm into quarantine and may post quarantine notices on the entiances to the farm and to affected parts of the farm and on its enclosmes.

(2) A person shaU not, during tiie period of the quarantine, remove any anunal fi:om the quarantined farm or part of the farm except with the written permission of the Dkector.

(3) The quarantine ends when (

a) die Dkector gives written notice to die operator that die quarantine order under subsection (1) is revoked, or (

b) tiie quarantme order expkes.

(4) The Minister may order the impoundment, slaughter or desttiiction of, or any otiier action he considers appropriate tt) be taken respecting, a species animal he considers to be infected widi a contagious or infectious disease or any other condition that may be hazardous to other animals or humans. 19(1) This

section applies to a present or prospective game- production animal just imported or a prospective game-production animal about to be imported intt) Alberta. 10

(2) The Minister may, by notice in writing sent tt) die person responsible for tiie importation, impose resttictions or conditions on the importation over and above those provided for by law.

(3) The Dkector may in writmg order that before tiie animal is tiansported onto the farm foUowing importation, a certificate of health relating to die animal, given by a veterinarian registered under the Veterinary Profession Act or by a veterinarian in anotiier jurisdiction who is approved by the Dkector, be provided tt) tiie Dkector.

(4) If, after examining the certificate of healtii, the Minister considers that the animal is or may be carrying a contagious or infectious disease or any other condition that may be hazardous to other animals or humans, he may in writing order that (

a) the animal not be allowed to enter onto the farm, or (

b) the animal be kept in an isolation pen on the farm at the distance fi'om other animals on the farm that is specified in the order and for the period of tune so specified. Matters Related to Game Animal Production Farming Liability for 20(1) If a prcscut or prospcctive game-production animal escapes Sr from captivity and (

a) damage is done to property by the animal or by any person in attempting tt) capture the animal, or (

b) expense is reasonably incurred in attempting to capttue or in maintaining or tiansporting the animal, the operattir and, k die operatt)r did not own tiie animal immediately before the escape, the owner of the animal at tiiat time, are joindy and severaUy liable for that damage or expense or for both, unless it is due wholly to the fault of die person suffering tiie damage or expense.

(2) In determining whether liabUity for any damage or expense is excluded by subsection (1), die damage or expense shall not be tteated as due tt) the fault of the person suffering it by reason only that he could have prevented k by fencing his land.

(3) If a person (

a) opens and does not close or properly close a gate, or (

b) tampers with, damages or desttoys a gate or fence, 11

Sale of live prospective game- production animals Slaughter of game- production animals as a result of which a present or prospective game-production animal escapes from captivity, he is liable for any damage or expense referred to in subsection (1).

(4) Notiiing in subsection (3) restiicts any liability under subsections (1) and (2).

(5) Notiiing in this

section affects

section 14 of the Wildlife Act.

(6) The Crown has a right of action under this

section for damage or expense suffered by it. 21

(1) A person shaU not seU a live prospective game-production animal. (2) Subsection (1) does not apply to progeny tiiat is registered but has not yet been weaned. 22(1) A person shaU not slaughter a game-production animal except at a lawfully operating abattok prescribed by the Minister.

(2) Where a game-production animal was slaughtered and passed inspection under the Meat Inspection Act or die Meat Inspection Act (Canada), the person who slaughtered the animal shall have its carcass or parts of its carcass ribbon-branded or otherwise marked in accordance with the requkements prescribed by the Minister. (3) Subsection (1) does not apply to a slaughter conducted pmsuant to an order or dkection under

section 18(4) dkecting or autiiorizing tiie slaughter elsewhere than at an abattok, or conducted pmsuant to any other law. 23 A person shaU not seU any non-meat parts or products of any present or prospective game-production animal unless parts or products of the type to be sold are prescribed in relation to animals of the species to which that animal belongs and unless (

a) he is die operator of the farm on which tiiat animal is or was kept, or (

b) he is autiiorized tt) do so by or under the Wildlife Act. Sale of meat of 24 A pcrsou shall uot scU meat non-prcscnbcd animal (

a) unless it is die meat of a game-production animal of the species prescribed, or (

b) k

section 22 has been conttavened in respect of that animal. Sale of non- meat parts OT products 12

Miscellaneous Compensation 25 No right of Compensation exists against tiie Crown, tiie Minister, tiie Dkector or any inspector for any act done, or any faUme to act, pursuant to this Act. Entry and inspection Hindrance or obstruction 26(1) The Dkector or an inspector may, witiiout obtaining a warrant, enter at any reasonable hour (

a) any premises, other than the living quarters of a private dweUing, used in connection witii the operation of a farm, or (

b) any vehicle tiiat he has reasonable and probable grounds to beUeve is being or has been used to tiansport present or prospective game-production animals, to inspect the premises or vehicle or any animal found in or on them or it or any records requked to be kept by this Act.

(2) If the Dkector or an inspector on reasonable and probable grounds believes tiiat there is in the Uving quarters of a private dweUing evidence of a conttavention of this Act, he may obtain a warrant to enter the private dwelUng for the purpose of inspecting those quarters or any animal found in them or any records requked to be kept by this Act.

(3) Before entering the living quarters under subsection (2), tiie Dkector or inspector shaU take reasonable steps to find tiie occupant and shall endeavom to obtain the occupant's consent.

(4) An operatt)r shaU, for the purpose of an inspection under tiiis section, give all reasonable assistance tt) the Dkectt)r or tiie inspectt)r carrying out tiie mspection and provide access to all relevant areas of the farm and provide all information, records and documents requked to be kept by diis Act.

(5) The Director or an inspector acting under the autiiority of tiiis

section shall, on request, produce a certkicate of his appointment to die owner or occupant of tiie premises or vehicle. 27 A person shaU not hinder or obsttiict any person in tiie exercise of his powers or the performance of his duties under tiiis Act. Signs and notices 28 A person shall not alter, destioy or remove any sign or notice erected for the purposes of or to faciUtate tiie administtation of tiiis Act. 13

False a misleading information Offences and Limitation of time for prosecution 29 A person shall not wUfuUy give false or misleading information to any person acting in tiie performance of his duties under this Act. 30 A person who conttavenes any provision of this Act is guilty of an offence against this statute and liable (

a) in tiie case of an offence against

section 4, to a fine of not more than $50 000 or to imprisonment for a term of not more than 12 months, or tt) botii, and (

b) in any other case, to a fine of not more than $10 000 or to imprisonment for a term of not more than 6 montiis, or to both. 31 A prosecution in respect of an offence against this statute may not be commenced later than 2 years after the alleged commission of the offence.

Vicarious liability 32(1) In a prosecution of an offence against this statute on the part of an operator, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused while acting in tiie comse of his employment or agency functions, whetiier or not the employee or agent has been prosecuted for the offence. Lieutenant Govemor in Council regulations (2) Subsection (1) does not apply k tiie accused estabUshes that the act or omission alleged to constitute the offence was done in direct disobedience of an order given by the accused.

(3) Where a corporation is guilty of an offence against this statute, an officer, director or agent of the corporation who dkected, authorized, assented to, acquiesced in or participated in the commission of the offence is also a party to and guilty of the offence and is liable to the penalty provided for the offence. 33(1) The Lieutenant Govemor ui Council may make regulations (

a) respecting the genetic composition of present and prospective game-production animals aUowed or prohibited on farms; (

b) prescribing anything that by this Act may or is to be prescribed by the Lieutenant Govemor in Council.

(2) The regulations made under subsection (1) prescribing species of wildlife for the purpose of

section l(l)(f) (

a) may be made only on the recommendations of both the Minister and the Minister of Forestty, Lands and Wildlife, and 14

Ministerial regulations Consequential amendments to Livestock Identification and Brand Inspection Act (

b) may not prescribe fur-bearing animals within the meanifi^ of the Fur Farms Act. 34 The Minister may make regulations (

a) generally providing for the systems of licensing, registtation and identification; (

b) providing for the conttol of inventories of present and prospective game-production animals on farms; (

c) providing for measures to be taken by operators for tiie purpose of maintaining thek farms in a sanitary condition and for the conttol of animal diseases; (

d) providing for the procedures to be used for the removal of specified parts and products from specified present and prospective game-production animals and for marking parts and products so removed; (

e) providing mles for the humane care of present and prospective game-production animals; (

f) establishing resttictions, in addition to those required by any other law, on the importation of prospective game-production animals into Alberta; (

g) prescribing anything that by this Act may or is tt) be prescribed by the Minister. 35(7) The Livestock Identification and Brand Inspection Act is ameruied by this section.

(2) Section 1 is amended (

a) by adding the following after clause (g): (g.l) "game-production animal" means a game-production anunal within tiie meaning of tiie Livestock Industry Diversification Act; (

b) in clause (

k) by adding "game-production animals," after "cattle,".

(3) Section 3 is amended (

a) in subsection (1) by adding "or, where a game-production animal has just been imported into, or is about tt) be exported from. Alberta, a permit under

section 58 or 59, as the case may be, of die Wildlife Act" after "and the regulations"; 15

(

b) by adding the following after subsection (6): (7) Subsections (3) and (4) do not apply to game- production animals.

(4) Section 5 is amended by adding the following after subsection (2): (3) Subsection (2) does not apply to game-production animals.

(5) Section 6 is amended by adding the following after subsection (5): (6) Subsection (4) and the exception in subsection (1) relating to deUvery to Lloydminster or Dawson Creek do not apply with respect to game-production animals,

(6) Section 15 is amended by adding the following after subsection (6): (7) Subsection (3) does not apply to game-production animals.

(7) Section 16 is amended by adding the following after subsection (4):

(5) This

section does not apply to game-production animals.

(8) Section 39 is amended by adding the following after subsection (2):

(3) The exception in subsection (1) relating to delivery to Lloydminster or Dawson Creek does not apply with respect to game-production animals.

(9) Section 41 is amended (

a) by renumbering it as

section 41(1); (

b) in subsection (1) by striking out "or horse permit" wherever it occurs and substituting ", horse permit or, in tiie case of a game-production animal, a permit under

section 59 of the Wildlife Act"; (

c) by adding the following after subsection (1):

(2) The exception in subsection (1) relating to tiansportation to Dawson Creek or Lloydminster does not apply with respect to game-production animals. 16

Consequential amendment to Livestock and Livestock Products Act Consequential amendments to WildUfe Act

(10) Section 42 is amended by adding "or, where a game- production animal has just been imported into, or is about to be exported from. Alberta, without a permit under

section 58 or 59, as the case may be, of tiie Wildlife Act," after "may be,". 36 The Livestock and Livestock Products Act is amended in

section 1(

d) by adding "game-production animals within tiie meaning of the Livestock Industry Diversification Act," cfter "captivity,". 37C7j The Wildlife Act is amended by this section.

(2) Section 1 is ameruied (

a) in subsection (1) by repealing clause (f.

I) and substituting the following: (f.I) "game-production animal", "game animal production farm", "authorized present or prospective game-production animal" and "prospective game-production animal" have tiie meanings respectively ascribed to those expressions by the Livestock Industry Diversification Act, and "game animal production farm Ucence" means a licence issued under tiiat Act; (

b) in subsection (2) (

i) in clause (

a) by striking out "or" at the end; (ii) in clause (b) (

A) by repealing subclause (ii) and substituting the following: (ii) the operation of a game animal production farm, or (

B) by striking out "game ranch or permit premises" and substituting "game animal production farm or permit premises by the owner, operator or permittee of tiiat farm or those premises"; (

C) by adding ", or" at the end; (iii) by adding the following after clause (b): (

c) where an authorized present or prospective game- production animal had escaped from a game animal production farm, if tibat person was the operatt)r of that farm or an individual employed by that operator who, 17

witiiin a reasonable time following its escape, was engaged in attempting to recapture or in chasing it and who acted reasonably, using reasonable and generally accepted methods of humane capture, and in a manner that did not cause danger to other persons, wildlife or livestock or damage to property.

(3) Section 9(5) is amended by adding "or a game animal production farm" after "fur farm".

(4) Section 31 is amended by adding "or to present or prospective game-production animals" after "livestock",

(5) Section 42(3) is amended by striking out "or" at the end of clause (a), adding ", or" at the end of clause (

b) and adding the following after clause (b): (

c) a present or prospective game-production animal.

(6) The following is added after

section 46: 46.1

(1) A person shaU not hunt any big game or exotic animal on a game animal production farm. (2) Subsection (1) does not apply to hunting (

a) for the purpose of tiie conttol or prevention of depredation by black bears, or (

b) that is specifically authorized by or under (

i) a licence authorizing the conttol of wildlife depredation, or (ii) the Agricultural Pests Act.

(7) Section 54(2) is amended (

a) by repealing clause (

b) and substituting the following: (

b) if that possession is reasonably incidental to the operation of a fur farm or a game animal production farm, (

b) in clause (c), (

i) by striking out "or" at the end of subclause (i); 18

(ii) in subclause (ii), (

A) by striking out "lawfully hunted" and substituting "hunted in accordance with this Act"; (

B) by adding ", or" at the end; (iii) by adding the following after subclause (ii): (iii) the wildUfe is a present or prospective game- production animal in respect of which all applicable provisions of the Livestock Industry Diversification Act and the Meat Inspection Act or tiie Meat Inspection Act (Canada) and of regulations under those Acts have been or are being met.

(8) Section 55(2) is repealed and the following is substituted: (2) Subsection (1) does not apply to wUdUfe that was subjected to a poisonous substance or an immobUizing dmg administered (

a) under a licence autiiorizing the conttol of wUdlife depredation, (

b) under the Agricultural Pests Act, or (

c) in the course of the operation of a game animal production farm or a recapture described in

section l(2)(c).

(9) Section 56 is repealed.

(10) Section 57 is amended by renumbering it as

section 57(1) and adding the following after subsection (1): (2) Subsection (1) does not apply to tiie tiansportation of a game-production animal in accordance with the Livestock Identification and Brand Inspection Act.

(11) Section 59 is amended by renumbering it as

section 59(1) and adding the following after subsection (1):

(2) A person shall not issue a permit authorizing the exportation of a game-production animal unless he is satisfied that the animal is being shipped by tiie owner of the animal or that owner's agent.

(12) Section 61(2)(

b) is amended by adding "or a game animal production farm or is in accordance with the Meat Inspection Act or the Meat Inspection Act (Canada)" after "farm". 19

(13) Section 63 is amended by renumbering it as

section 63(1) and adding the following after subsection (1): (2) Subsection (1) does not apply to a game-production animal.

(14) Section 71 is amended (

a) in subsections (1) and (2) by striking out "or a fm farm"; (

b) in subsection (4) (

i) by striking out ", holder of a fm farm licence"; (ii) by striking out "or fm farm" wherever it occurs.

(15) Section 77(4)(

a) is amended by adding "and" at the end.

(16) The following is added after

section 81(5): (6) Subsection (1) does not apply in respect of a game- production animail.

(17) Section 82(1) is amended (

a) by adding "or game anunal production farm" after "of a fur farm"; (

b) by adding "or a game animal production farm" after "or a fm farm"; (

c) in clause (a)(

i) by adding "or game animal production" after "or fm".

(18) Section 96(l)(

n) is amended by striking out "56" arui substituting "46.1".

(19) Section 98 is amended by renumbering it as

section 98(1) and by adding the following after subsection (1):

(2) The Lieutenant Govemor in CouncU and tiie Minister shall not make regulations under this statute specifically affecting game-production animals by name, and if any inconsistency arises between any provision of regulations made under this stamte and any provision of the Livestock Industry Diversification Act or regulations made under that Act as the provisions apply to game-production animals, the provisions of that Act or of the regulations made under it prevail. 20

Consequoitial amendments to other Acts 38(

i) The Agricultural Development Act is amended in

section 13(

f) by adding ", including game-production anunals witiiin tiie meaning of the Livestock Industry Diversification Act" cfter "Uvestock". Coming into force

(2) The Agricultural Operation Practices Act is amended in

section l(b)(ii) by adding "game-production animals witiiin the meaning of the Livestock Industry Diversification Act and" crfter "including".

(3) The Agricultural Pests Act is amended (

a) in

section 1(1 )(

f) by adding "game-production animals within tiie meaning of the Livestock Industry Diversification Act," after "sheep,"; (

b) in

section 2(2) by striking out "Subsection (1) does not apply to an animal or bkd that is" and substituting "In subsection (1), "animal" and "bkd" do not include".

(4) The Employment Standards Code is amended in

section 2(3)(

a) by adding "game-production animals widiin the meaning of tiie Livestock Industry Diversification Act," cfter "Uvestock,".

(5) The Labour Relations Code is amended in

section 4(2)(e)(

i) by adding "game-production animals within tiie meaning of tiie Livestock Iruiustry Diversification Act," cfter "Uvestock,".

(6) The Law of Property Act is amended in

section 43.4(3)(b)(ii) by adding "game-production animals within the meaning of tiie Livestock Industry Diversification Act," cfter "UvesttDck,".

(7) The Municipal Taxation Act is amended in

section 1 by adding the following cfter clause (o): (o.l) "Uvestock" includes game-production animals within tiie meaning of the Livestock Industry Diversification Act; 39 This Act comes into force on Proclamation. 21 Title: 1990 (22nd 2nd) Bill 31, Livestock Industry Diversification Act