Alberta Regulation 185/2014

Fisheries (Alberta) Act

FISHERIES (MINISTERIAL) (EXTENSION OF EXPIRY DATE)

AMENDMENT REGULATION

Filed: September 25, 2014

For information only: Made by the Minister of Environment and Sustainable

Resource Development (M.O. 42/2014) on September 4, 2014 pursuant to

section 44

of the Fisheries (Alberta) Act.

1 The Fisheries (Ministerial) Regulation (AR 220/97) is

amended by this Regulation.

Section 7 is amended by striking out "October 31, 2014"

and substituting "October 31, 2015".

--------------------------------

Alberta Regulation 186/2014

Alberta Health Care Insurance Act

OPTOMETRIC BENEFITS AMENDMENT REGULATION

Filed: September 26, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 387/2014)

on September 25, 2014 pursuant to

section 33 of the Alberta Health Care Insurance

Act.

1 The Optometric Benefits Regulation (AR 202/2007) is

amended by this Regulation.

Section 4(

d) is amended by adding "however, in the case of

CAVF tests, retinal imaging and internal retinal photography, the

technical and

interpretation components of the test are payable as

separate amounts" after "the technical and

interpretation components

of the optometric services".

Section 7(

c) is amended by repealing subclause (x).

Section 9 is repealed and the following is substituted:

Benefits for low vision aid tests

9 An eligible resident is entitled to have benefits paid for a low

vision aid test if the test

(

a) is performed on the same day that an optometric service

specified in

section 7(

a) or (

b) is performed, and

(

b) is performed by the same optometrist who performed that

service.

Section 13(2) is repealed and the following is

substituted:

(2) A claim for benefits under subsection (1) must be accompanied

with explanatory text unless

(

a) the eligible resident's illness, condition or trauma is related to

glaucoma, retinal detachment or neurological disorder, or

(

b) the eligible resident is

(i) 65 years of age or older, or

(ii) 18 years of age or younger.

6 The following is added after

section 13:

Benefits for internal retinal photography

and retinal imaging

13.1 An eligible resident is entitled to have benefits paid for

internal retinal photography and retinal imaging if the test is not

included in an initial or follow-up visit.

Section 15(1)(

b) is amended by adding "diagnostic" before

"code".

Section 16 is amended

(

a) in clause (

c) by striking out "and internal";

(

b) in clause (

t) by striking out ", Heidelberg and OCT".

Section 18 is amended by striking out "September 30, 2017"

and substituting "September 30, 2019".

Alberta Regulation 187/2014

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: September 26, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 389/2014)

on September 25, 2014 pursuant to sections 16, 17 and 18 of the Government

Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 80/2012) is amended by this Regulation.

Section 4 is amended

(

a) in subsection (1) by adding the following after

clause (b):

(b.1) Alberta Sport, Recreation, Parks and Wildlife

Foundation Act;

(

b) by repealing subsection (5) and substituting the

following:

(5) The responsibility for the administration of the unexpended

balance of the following parts of the 2015 Government

appropriation for Tourism, Parks and Recreation is transferred

to the Minister of Culture and Tourism:

(

a) program 2, Tourism;

(

b) program 4, Recreation and Physical Activity;

(

c) program 5.1, Tourism Flood Response;

(

d) the portions of program 1, Ministry Support Services,

related to the parts of the appropriation transferred

under clauses (a), (

b) and (c).

Section 8(10) is repealed and the following is

substituted:

(10) The responsibility for the administration of the unexpended

balance of the 2014-15 Government appropriation for Tourism,

Parks and Recreation, except program 2, Tourism, program 4,

Recreation and Physical Activity, program 5.1, Tourism Flood

Response, and the portions of program 1, Ministry Support Services,

related to programs 2, 4 and 5.1 is transferred to the Minister of

Environment and Sustainable Resource Development.

Alberta Regulation 188/2014

Livestock Industry Diversification Act

and Other Statutes Referred to in

Section 44

DOMESTIC CERVID INDUSTRY REGULATION

Filed: September 29, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 394/2014)

and the Minister of Agriculture and Rural Development (M.O. 016/2014) on

September 29, 2014 pursuant to

section 34 of the Livestock Industry Diversification

Act and sections 1 and 2 of the Domestic Cervid Industry Regulation.

Table of Contents

Introductory Provisions

1 Establishment of some provisions by

Lieutenant Governor in Council

2 Establishment of remainder by the Minister

3 Construction of Act and application of this Regulation

Interpretation for Act purposes

Interpretation - this Regulation

6 Present diversified livestock animal definition in Act

Interpretation - in containment

8 Application in relation to dead animals and meat legislation

9 Change to wildlife status

10 Delegation of operator powers and duties

Licences and Permits

11 Qualifications for obtaining and holding farm licences

12 Fees for licences and permits

13 Form of licences and permits

14 Stray kill permit exemption inclusions in farm licence

15 Term of licences

16 Applications for licences and issuable permits

17 Permits - general provisions

18 Term of issued permits

19 Non-transferability of permits

20 Stray kill permits

Registration and Identification

21 Registration

22 Mode of identification

23 Separation or loss and replacement of ear-tags

24 Dates for registration and identification

Possession and Related Incidences

25 Minimum area for farm enclosures

26 Exits from farm

27 Straying

28 Exceptions to possession prohibition

29 Possession and confinement - zoo animals

30 Transportation

31 Importation

32 Exportation

33 Temporary holding facilities

Records and Reports

34 Acquisition and disposition records

35 Transportation records

36 Inventory and velvet antler reports

Antler Provisions

37 Removal of velvet antler

38 Tagging of velvet antler

39 Tagging of hard antler with skull plate attached

40 Tag requirements

Miscellaneous

41 Onus of proof relative to enforcement of wildlife legislation

42 Liability for strays

43 Transitional provision

44 Consequential amendments

45 Repeals

46 Expiry

47 Commencement

Introductory Provisions

Establishment of some provisions by

Lieutenant Governor in Council

1 The following provisions are established by the Lieutenant

Governor in Council:

(

a) this

section and sections 6, 9, 44 and 45(1);

(

b) jointly with the Minister, sections 3, 4(1), 5, 46 and 47.

Establishment of remainder by the Minister

2 Subject to

section 1, this Regulation, including the enactments

referred to in

section 1(

b) jointly with the Lieutenant Governor in

Council, is established by the Minister.

Construction of Act and application of this Regulation

3 This Regulation applies only to the extent that the diversified

livestock animals in question are domestic cervids and, to the extent

that this Regulation applies, the Act is to be construed, generally and

except in construing this

section and

section 5 of this Regulation and

section 1(1)(m.2) of the Act, as if references to diversified livestock

animals were references only to domestic cervids.

Interpretation for Act purposes

4(1) For the purposes of the Act, "hunt", with respect to an animal to

which

section 18.01 of the Act applies, has the meaning assigned to it

in the Wildlife Act, but does not include the capturing or killing of a

stray to the extent that it is done in accordance with

section 27 or, with

respect only to a domestic cervid that is lawfully in confinement, any

activity that constitutes an accepted agricultural practice.

(2) In

section 34(1)(a.3) of the Act,

(a) "consideration" does not include the receiving by an operator

of a carcass under

section 27(2)(

b) or (5);

(b) "any person associated with an operator" means, where the

operator is

(

i) an individual, a member of the operator's family,

whether related by blood, marriage or adoption or by

virtue of an adult interdependent relationship, or

(ii) a corporation, a shareholder, director, officer or agent of

the corporation or, if that person is an individual, an

individual who is so related to that individual.

Interpretation - this Regulation

5 In this Regulation,

(a) "accepted agricultural practice" means a farm practice that

(

i) is in conformity with the Act and this Regulation,

(ii) is standard in the management of traditional livestock

operations,

(iii) is a reasonable and generally accepted practice of

animal management and husbandry in the treatment of

all domestic cervids, and

(iv) does not constitute any act that is directly related to the

business of what is commonly known as hunt farming

or the operation of a hunt farm;

(b) "calf" means a prospective domestic cervid that is not

identified and is under the age of 1 year;

(c) "cut hard antler" means antler that would be hard antler but

only for its having been cut without the skull or skull plate

attached;

(d) "domestic cervid" means a diversified livestock animal of a

species specified in

section 6;

(e) "domestic cervid farm" or "farm" means a farm within the

meaning of

section 1(1)(d.02) of the Act, with "diversified

livestock animals" being treated as replaced by the term

"domestic cervids";

(f) "ear-tag" means a tag referred to in

section 22(1)(

a) or (c)(

i) and includes a replacement referred to in

section 23(1);

(g) "elk" means

(

i) Cervus canadensis manitobensis [Elk (Wapiti)

(Manitoban Elk)],

(ii) Cervus canadensis nannodes [Elk (Wapiti) (Tule Elk)],

(iii) Cervus canadensis nelsoni [Elk (Wapiti) (Rocky

Mountain Elk)],

(iv) Cervus canadensis roosevelti [Elk (Wapiti) (Roosevelt

Elk)], or

(

v) Cervus canadensis asiaticus [Elk (Altai Elk)],

and includes crossbreeds of domestic cervids specified in

subclauses (

i) to (v);

(h) "federal health certificate" means a certificate referred to in

paragraph 19(1)(

b) of the Health of Animals Act (Canada);

(i) "federal movement permit" means a permit referred to in

section 76 of the Health of Animals Regulations (Canada),

(CRC, c. 296);

(j) "hard antler with skull plate attached" or "hard antler" means

domestic cervid hard antler or antlers with the skull or skull

plate, or both, attached to the antler or both antlers, as the

case may be;

(k) "present domestic cervid" means a present diversified

livestock animal that is a domestic cervid;

(l) "prospective domestic cervid" means a prospective

diversified livestock animal that is a domestic cervid;

(m) "registration certificate" means, with respect to a registered

domestic cervid, a valid and subsisting certificate issued

under

section 21(2);

(n) "resident" means an individual who is a resident within the

meaning of the Wildlife Act;

(o) "tag",

(

i) used with respect to antlers, means the tag required by

section 38 or the tag or other form of approved

identification required by

section 39, as the case may

be, and

(ii) used in the context of identification, means the ear-tag

or ear-tags,

and "tagged" means tagged with such a tag or tags in a form

and manner approved by the Director;

(p) "temporary holding facility" means any place, including a

farm but excluding a zoo, in any jurisdiction where live

domestic cervids generally, or specific live domestic cervids

in particular, are kept for some temporary purpose only

(including slaughter at an abattoir) and that meets the

requirements of

section 14(

a) of the Act.

Present diversified livestock animal definition in Act

6 The following species of animals are established with reference to

section 1(1)(m.2) of the Act:

(

a) Odocoileus hemionus (Mule Deer);

(

b) Odocoileus virginianus (White-tailed Deer);

(

c) Alces alces (Moose);

(

d) elk;

(

e) the progeny of any animal, other than elk, that, as at the end

of July 1991, was registered as an elk under

section 5 of the

repealed Captive Wildlife (Ministerial) Regulation

(AR 96/87) and was held in possession at that time on

premises covered by a big game farm permit issued under

that Regulation;

(

f) any hybrid offspring resulting from the crossing of 2 animals,

where the dam is a domestic cervid specified in any of

clauses (

a) to (e).

Interpretation - in containment

7(1) The circumstances referred to in

section 1(3) of the Act are,

provided that the activities are performed in accordance with the laws

of the applicable jurisdiction and the additional requirements of

subsection (2) are met,

(

a) in the case of a species animal other than (in Alberta) a stray,

that it is being

(

i) held on a domestic cervid farm or, if outside Alberta,

held on premises that the Minister considers to be the

equivalent in the jurisdiction in question to a domestic

cervid farm,

(ii) transported, or

(iii) held in a temporary holding facility,

and is held for purposes that are consistent with accepted

agricultural purposes and, if it was ever outside Alberta, it

was on each occasion lawfully imported into Alberta and

lawfully exported from the outside jurisdiction, or

(

b) in the case of a stray, it is

(

i) identified, or

(ii) a calf that is accompanied by an identified female

domestic cervid on which the calf is dependent.

(2) The additional requirements referred to in subsection (1) are that

(

a) the species animal has been in one or more of the conditions

referred to in subsection (1)(

a) or (

b) or any combination of

those conditions, for the whole of its life, and

(

b) the licence for the farm in which it is or was normally held

has not been cancelled or, if the farm is being operated under

section 9 of the Act, the period allowed by that

section has

not expired.

(3) The period referred to in

section 1(3) of the Act is, beginning with

the time the species animal initially strayed,

(

a) if that animal is and remains an identified domestic cervid,

the remainder of its life,

(

b) if that animal is a calf, the period ending at the earlier of

(

i) the time when it ceases to be accompanied as referred to

in subsection (1)(b)(ii), and

(ii) if the accompaniment referred to in subsection (1)(b)(ii)

remains in effect at the end of May in the year following

the year of its birth, the end of that May,

(

c) in the case of any species animal not covered by clause (

a) or

(b), including a calf that was not so accompanied when it

initially strayed, no time at all.

(4) For the purposes of subsection (3), the onus of proving when the

beginning of the straying occurred is on the operator.

Application in relation to dead animals and meat legislation

8 Nothing in this Regulation applies with respect to a dead animal

where all applicable provisions of the Act and the Meat Inspection Act

or the Meat Inspection Act (Canada) have been or are being met

concerning the animal.

Change to wildlife status

9(1) A live stray that ceases to be in containment as a result of its not

meeting the conditions required for retaining its containment status in

section 7 and

section 1(3) of the Act becomes wildlife immediately on

its ceasing to be in containment.

(2) A live stray that loses its identification immediately ceases to be a

stray and a domestic cervid and becomes wildlife.

(3) A stray that is killed or otherwise dies retains its status as a

domestic cervid after its death.

Delegation of operator powers and duties

10(1) An operator may delegate any specific powers conferred (other

than the power to kill a stray) or duties imposed on the operator by any

provision of the Act or this Regulation to an individual

(

a) whom the operator has placed in charge of the farm, or

(

b) who, if the operator is an individual, is to be in charge of the

farm in the operator's temporary absence.

(2) Nothing in subsection (1) relieves the operator from any liability

imposed on operators by the Act or this Regulation.

Licences and Permits

Qualifications for obtaining and holding farm licences

11 A person is qualified to acquire or to hold a licence if, and only if,

in addition to qualifying under

section 4(2)(a), (

b) or (

c) of the Act, the

Minister, after reviewing and taking into account

(

a) that person's licensing history,

(

b) that person's involvement in any farm operation on behalf of

any other licence holder, and

(

c) any other criteria specified in a submitted application form,

considers that that person would be a fit and proper licence holder.

Fees for licences and permits

12 The fees for, and for any other service relating to, a licence or for

a permit issuable under the Act are those set in writing by the Minister.

Form of licences and permits

13 Permits issuable under the Act and, subject to

section 14, licences

are to be issued in the form set by the Director, with each being

allocated a unique number.

Stray kill permit exemption inclusions in farm licence

14(1) Subject to subsection (2), if an operator wishes to have the

potential to use the exemption from the requirement of a stray kill

permit given by

section 27(3), the licence must name and otherwise

identify one (and only one) individual, being a resident who is

identified in the licence as responsible for the day-to-day operation and

management of the farm, as the only individual who is to be entitled to

operate under that exemption.

(2) The licence need not name and identify an individual who is both

the sole operator and a resident, and such an individual is eligible for

the exemption under

section 27(3).

Term of licences

15 The term of a licence is 5 years.

Applications for licences and issuable permits

16(1) Applications for permits issuable under the Act and for licences

are to be submitted in the manner required by the Minister, except that

an application for a stray kill permit may be made orally (including by

telephone).

(2) The Minister may issue a stray kill permit on an oral application

only if the Minister considers that an emergency situation exists.

Permits - general provisions

17(1) The permits issuable under the Act, for the purpose of

section

10.1(1) of the Act, are

(

a) import permits authorizing the importation into Alberta of

live prospective domestic cervids of the kinds specified in the

permits,

(

b) export permits authorizing the exportation from Alberta of

the hard antler with skull plate attached of present domestic

cervids, and

(

c) stray kill permits authorizing the killing of strays in

compliance with

section 27.

(2) The Minister may also issue export permits authorizing the

exportation from Alberta of present domestic cervids, other than hard

antler, if applied for (voluntarily) by an exporter.

(3) For the purposes of sections 10.1(3) and 19(2)(

b) of the Act, the

combination, so far as applicable, of the following instruments

constitute permits with respect to the exportation from Alberta

requirements of the Act, namely,

(

a) in the case of the exportation of a live present domestic

cervid, the registration certificate and

(

i) the federal movement permit in the case of exportation

to another jurisdiction within Canada, or

(ii) the federal movement permit and the federal health

certificate in the case of exportation out of Canada,

(

b) with respect to the exportation of semen, ova, embryos, blood

or blood by-products, hides or other non-meat parts

incidental to slaughter or death from natural causes, written

proof that the live animal from which it or they derived was a

present domestic cervid and that is sufficient to establish the

identity of that particular domestic cervid, or

(

c) with respect to the exportation of velvet antler, written

evidence of its tag number, the registration number of the

live domestic cervid from which it derived and the licence

number of the farm where that animal was normally kept,

and, in the case of any exportation, if there are any applicable laws of

the importing jurisdiction that require a document allowing the

importation, a document issued by the relevant authority for that

jurisdiction that satisfies those laws.

Term of issued permits

18 The term of a permit issued under the Act expires 30 days after

the permit is issued.

Non-transferability of permits

19 A permit, or any right given to any person by a permit, may not be

transferred to any other person.

Stray kill permits

20(1) In this section, "delegate" means an individual to whom a

current delegation has been made under

section 10(1) specifically to

act under this section.

(2) A person is qualified to obtain or to hold a stray kill permit if, and

only if, that person is the operator from or otherwise in relation to

whose farm the domestic cervid has strayed or that person's delegate

and the Minister is satisfied that

(

a) the killing will be either

(

i) an accepted agricultural practice, or

(ii) necessary in the public interest as a result of an

emergency situation, taking into account the health and

safety of individuals and animals potentially affected,

the danger to property and the genetic integrity of

wildlife,

(

b) the applicable provisions of

section 27 will be observed, and

(

c) all persons authorized to kill under the permit are residents

and have the ability to kill the stray in compliance with

section 27.

(3) Only residents referred to in subsection (4) are authorized to kill

strays under the stray kill permit.

(4) A stray kill permit must include the names and addresses of all

residents (including the permit holder or delegate, or both, if

applicable) who are authorized to kill the stray under the authorization

of the permit.

(5) Residents referred to in subsection (4) are authorized to kill the

strays only in the number, kind and manner, and during the periods,

specified in the permit.

(6) A stray kill permit must also specify any conditions under which

residents named in it may act and the time when the permit expires.

Registration and Identification

Registration

21(1) An operator applies for registration of a prospective domestic

cervid by providing to the Director a completed registration form in the

form and manner required by the Director.

(2) On the animal's being registered by the Director, the Director shall

issue a certificate acknowledging the registration.

Mode of identification

22(1) A domestic cervid is identified, for the purposes of the Act,

(

a) where the animal is a stray, if it is tagged in at least one of its

ears with a tag that meets the requirements of clause (c)(

i) or

if another method of identification that is approved by the

Minister and notified to the operator in writing by the

Director is met,

(

b) if it was imported into Alberta and is to be or is being

transported directly to its farm in accordance with all

applicable laws, or

(

c) in the case of any other domestic cervid, if

(

i) it is tagged in each ear with a tag and the identifying

figures or letters on neither of the ear-tags is defaced or

altered and other tags, brands or recognition methods, if

any, on the animal do not interfere with either of the

ear-tags, or

(ii) if another method of identification that is approved by

the Minister and notified to the operator in writing by

the Director is met.

(2) A domestic cervid remains identified if an ear-tag has become

accidentally lost or separated from the ear and the 30-day period

referred to in

section 23(1) has not expired without the operator's

having notified the Director under that subsection.

(3) The onus of proving that a domestic cervid is identified lies on the

person claiming that it is identified, and if the identification cannot be

proved, the animal is not identified.

Separation or loss and replacement of ear-tags

23(1) Subject to subsection (3), where an ear-tag becomes separated

from a domestic cervid or is otherwise lost, the operator shall notify

the Director of that fact within 30 days of discovery of the separation

or loss and the Director, if so notified and if satisfied that the

separation or loss has occurred, shall forthwith provide the operator

with a replacement tag in the form decided by the Director.

(2) On receipt of the replacement ear-tag, the operator shall re-tag the

domestic cervid forthwith.

(3) Where the domestic cervid referred to in subsection (1) is a stray,

(

a) if only one of the 2 ear-tags has become separated or is lost

and the animal is captured, the operator shall ensure that that

ear-tag is replaced and the ear re-tagged within 30 days after

the animal's capture, or

(

b) if it is the sole remaining ear-tag that is separated or lost, that

ear-tag may not be replaced and, consequently, the stray

immediately ceases to be identified.

(4) If a replacement tag is issued for the purposes of subsection (3)(a),

the stray remains identified during the period between the notification

under subsection (1) and the re-tagging under that clause.

Dates for registration and identification

24 The dates prescribed for the purposes of

section 11(2) of the Act

are, where the mother is

(

a) an elk, January 1, and

(

b) any other domestic cervid, April 1

following the birth.

Possession and Related Incidences

Minimum area for farm enclosures

25 The aggregate area to be enclosed by a farm's enclosures, pens and

handling facilities referred to in

section 14 of the Act must be not less

than 10 acres.

Exits from farm

26 With respect to

section 15(1) of the Act, an operator may allow a

live prospective domestic cervid to leave the farm if

(

a) the animal is identified or is a calf,

(

b) the animal is being lawfully transported directly

(

i) for a lawful sale in or exportation from Alberta, or

(ii) to a temporary holding facility to be lawfully held there,

(

c) the operator has recorded in writing the date and purpose of

the exit from the farm and the animal's destination, and

(

d) the individual actually transporting the animal out of the farm

is in compliance with

section 30(2).

Straying

27(1) Where a domestic cervid strays, the operator

(

a) shall forthwith report the fact of the straying (with the

number of domestic cervids straying) to the Director,

(

b) shall then make every reasonable attempt, at the earliest

possible time following the reporting under clause (a), to

ensure

(

i) its capture in accordance with subsection (7),

(ii) its killing under the authorization of a stray kill permit

or, if applicable, the exemption under subsection (3) and

otherwise in accordance with this section, or

(iii) both such lawful capture followed by such lawful

killing,

and

(

c) shall, if applicable, report the fact of the killing to the

Director forthwith after the killing.

(2) A resident named in a stray kill permit as authorized to kill a stray

(

b) shall, if that resident does kill the stray and forthwith after the

killing, ensure that the carcass, with the complete hide, skull

plate and antlers intact, is delivered to the operator.

(3) A stray kill permit is not required to have a stray whose straying

has been reported under subsection (1)(

a) killed if

(

a) the killing will be and is an accepted agricultural practice,

(

b) one (and only one) resident has been named under

section

14(1) or the killing will be and is done by the resident

referred to in

section 14(2),

(

c) that resident has the ability to kill the stray in compliance

with this section,

(

d) the attempt to kill and the killing will be and are done by, and

only by, that resident,

(

e) that resident kills strays only in the number reported under

subsection (1)(a), and

(

f) that resident complies with subsection (7).

(4) Only one resident, under either

section 14(1) or (2), is entitled to

operate under the subsection (3) exemption.

(5) A resident who kills a stray pursuant to subsection (3) shall,

forthwith after the killing, ensure that the carcass, with the complete

hide, skull plate and antlers intact, is delivered to the operator.

(6) The operator, on receiving the carcass under subsection (2)(

b) or

(5), shall

(

a) forthwith report the killing (unless already reported) and the

dead domestic cervid's tag number to the Director, and

(

b) ensure that none of the carcass is given to or received by any

other person who in any way assisted in the killing.

(7) An attempt to capture or kill a stray under this

section must be

made by means not involving trapping within the meaning of the

Wildlife Act, and the actions involved in the attempt must

(

a) be reasonable and effected efficiently and in accordance with

all applicable laws,

(

b) use reasonable and generally accepted methods of humane

capture or killing, as the case may be, that constitute accepted

agricultural practices,

(

c) be done in a manner that does not cause, or is not likely to

cause, danger to wildlife,

(

d) not involve the entering on to privately owned land without

the prior consent of the person in possession of that land, and

(

e) otherwise be such that, if the stray were wildlife,

(

i) the methodology used would not involve anything that

would constitute a contravention of any of sections 27,

28, 29, 30, 31, 32, 33, 36, 40, 44 or 45, or any

applicable provision of any such section, of the Wildlife

Act, and

(ii) no part of the action would be in an area where

section

38 or 39 of the Wildlife Act establishes a prohibition.

(8) With respect to the killing or capturing of a stray,

(

a) an operator shall not receive any consideration from any

person, and

(

b) a person associated with an operator shall not receive any

consideration from any person other than from the operator.

(9) Notwithstanding anything in this section, a person shall not

capture or kill a stray calf unless

(

a) the calf is accompanied by an identified female domestic

cervid on which the calf is dependent, and

(

b) that female domestic cervid is captured or killed at or around

the same time.

(10) If a person in possession of land finds a stray on that land and

reports that finding to the Director, the Director shall forthwith notify

the operator of that finding and, if the operator does not deal with the

stray in accordance with this Regulation, may then

(

a) capture or kill or attempt to capture or kill the stray,

(

b) take all necessary steps to remove it from the land, and

(

c) assess against the operator the costs directly or indirectly

incurred by the Crown in capturing or killing or attempting to

capture or kill and removing or attempting to remove it,

including any damage caused by the stray or by efforts to

capture, kill or remove it.

(11) Notwithstanding anything in this section, any person who kills a

stray shall report the killing to the Director forthwith after the killing.

(12) Where a stray is killed under the circumstances set out in

section

53.1 of the Wildlife Act, the operator, forthwith after learning about the

killing, shall have the domestic cervid's carcass collected and dealt

with according to law.

Exceptions to possession prohibition

28 With respect to

section 18.02(1) of the Act, a person may be in

possession of

(

a) a live domestic cervid that is lawfully held in containment,

(

b) velvet antler or hard antler with skull plate attached that is

held by

(

i) the operator who has removed or otherwise taken

possession of it, or

(ii) a person other than that operator if

(

A) the antler is tagged, and

(

B) that person has proof that the antler derives from a

domestic cervid whose identity can be specifically

determined by its ear-tags and registration numbers

and by reference to the licence number of the farm

where the domestic cervid was kept,

(

c) other non-meat parts if the person has the proof of their

derivation specified in clause (b)(ii)(B),

(

d) a former stray, if that person has complied with

section 27, or

(

e) a domestic cervid that has died in circumstances where, in

the period leading up to its death, it was being held and

otherwise treated lawfully and where the manner of its death

did not involve any illegal activities on the part of anyone.

Possession and confinement - zoo animals

29(1) Notwithstanding

section 28 or any other provision of this

Regulation, an operator shall not take possession of, or have in

confinement,

(

a) a domestic cervid if that operator knows or has reason to

suspect that that animal has ever been held in a zoo anywhere

in the world, or

(

b) a species animal held in such a zoo.

(2) For the purposes of subsection (1), an animal is deemed not to be

or have been in a zoo if its only presence in a zoo is or was in a vehicle

transporting it without its ever being let out of that vehicle.

Transportation

30(1)

Section 18.1 of the Act does not apply to cut hard antler.

(2) The individual actually transporting a domestic cervid shall be in

physical possession of a true copy of the report referred to in

section

Importation

31(1) An import permit may be obtained or held only by

(

a) the operator on whose farm the live prospective domestic

cervid is to be held,

(

b) a resident who is legally authorized to possess such an animal

in Alberta on its importation, or

(

c) a non-resident or a non-resident alien who is authorized by

the laws of the jurisdiction from which such an animal is to

be exported to possess the animal in, and to export it from,

that jurisdiction.

(2) In subsection (1)(c), "non-resident" and "non-resident alien" have

the respective meanings assigned to them in

section 3 of the Wildlife

Regulation (AR 143/97).

(3) A person shall not import into Alberta a live prospective domestic

cervid unless that animal has been in containment for the whole of its

life and has never been held in a zoo anywhere.

(4) A person shall not import into Alberta the hard antler with skull

plate attached or the velvet antler of a prospective domestic cervid

unless

(

a) the animal was in containment on premises referred to in

section 7(1)(a)(i),

(

b) in the case of hard antler, that person produces a document

that is the equivalent of an export permit from the jurisdiction

from which the animal was exported, and

(

c) the antler bears what the Director considers is the equivalent

of an identification of it under this Regulation or, if such an

equivalent does not exist, the person receives from the

Director some form of labelling created by the Director that

the Director regards as the equivalent of an antler tag.

Exportation

32(1) A person shall not export from Alberta a live present domestic

cervid unless the importation requirements of the jurisdiction to which

that animal is being exported have been complied with.

(2) A person shall not export from Alberta the hard antler with skull

plate attached of a present domestic cervid unless the operator has

obtained an export permit with respect to that hard antler.

(3) A person who intends to export from Alberta a live present

domestic cervid shall submit to the Director all the applicable

documents comprising the permit and allowing that exportation

forthwith after the time when all those documents have been obtained.

(4) The individual actually exporting a domestic cervid from Alberta

shall be in physical possession of the original or a true copy of the

documents comprising the permit and allowing that exportation.

Temporary holding facilities

33 An operator shall not have a live domestic cervid held in a

temporary holding facility for a period exceeding 30 days unless the

operator has submitted to the Director a written report indicating that

intention and specifying

(

a) the animal's registration certificate and tag numbers,

(

b) the licence number for the farm where it is normally kept,

and

(

c) the contact information for the operator and the owner of the

temporary holding facility.

Records and Reports

Acquisition and disposition records

34(1) With respect to

section 16(1) of the Act, an operator shall, in

respect of domestic cervids normally kept on the farm, keep up-to-date

records, in the manner and form required by the Director, of all

acquisitions and dispositions, including births, deaths, importations,

exportations and strayings (including deaths and captures of strays),

and shall keep all receipts evidencing, or any other written evidence of,

any such transactions or events.

(2) The operator shall keep the records referred to in subsection (1) for

a period of at least 10 years from the time they are made.

Transportation records

35 The operator of a farm where live domestic cervids are or were

normally held who has had live domestic cervids moved or transported

anywhere outside a farm shall report to the Director in writing, with

respect to each trip in the movement or transportation and within 7

days after each such trip,

(

a) the date or the beginning and end dates,

(

b) the name, address and telephone number of the operator and

of any agent who arranged the trip,

(

c) the name and address of the consignor,

(

d) the place where those animals were picked up and received,

including the farm licence number if either such place is a

farm and the legal land description if either is not,

(

e) the licence number of the farm where the animals are or were

normally kept,

(

f) the number of those animals transported,

(

g) a statement that none of them were subject to any quarantine

order that prohibited or restricted their movement,

(

h) their ear-tag number (if and so far as applicable), and

(

i) in the case of a prospective domestic cervid,

(

i) the animal's birth date and sex, and

(ii) if the animal is a calf, that fact and the ear-tag number

of its mother,

and

(

j) if and so far as applicable, proof of their identification,

Inventory and velvet antler reports

36(1) An operator shall submit to the Director a completed report, in

the manner and form required by the Director,

(

a) subject to clause (b), itemizing inventories of domestic

cervids (other than strays) normally kept on the farm,

wherever currently kept,

(

i) in the case of elk and velvet antler, as of the end of the

calendar year, on or before January 31 in the following

year, and

(ii) in the case of all other domestic cervids, as of the end of

March, on or before April 30 following,

and

(

b) if the operator has live domestic cervids held in a facility

where animal semen is or ova and embryos are collected or

processed, specifically itemizing inventories of those

domestic cervids, as of and on or before the relevant dates,

depending on the kind of domestic cervid, referred to in

clause (a)(

i) or (ii).

(2) Where there is any change in a farm inventory previously reported

under this section, the operator shall report the change to the Director

within 90 days after the change.

Antler Provisions

Removal of velvet antler

37(1) A person shall not remove velvet antler from a domestic cervid

unless

(

a) that person is a registered veterinarian within the meaning of

the Veterinary Profession Act or a person under the direct

supervision of a registered veterinarian, or

(

b) that person is an operator who has been certified by Alberta

Elk and the domestic cervid is an animal from that operator's

farm.

(2) A person removing velvet antler shall ensure that it is removed

humanely in accordance with the standards set out in the Velvet Antler

Removal Certification Program as developed and approved by Alberta

Elk and the Alberta Veterinary Medical Association.

(3) An operator referred to in subsection (1)(

b) shall comply with all

on which that certification was given.

Tagging of velvet antler

38(1) Where an operator proposes to transfer possession of velvet

antler from a present domestic cervid or to move velvet antler out of

the farm, the operator shall ensure that the velvet antler is tagged with

a tag affixed to it immediately before the earlier of the transfer and the

movement from the farm.

(2) A person shall not remove a tag affixed in accordance with

subsection (1) before the velvet antler

(

a) is exported from Alberta, or

(

b) is lawfully altered in accordance with the Food and Drugs

Act (Canada).

Tagging of hard antler with skull plate attached

39(1) This

section does not apply to cut hard antler.

(2) Except where

section 31(4) applies, an operator who takes

possession of, or who transfers to another person possession of, hard

antler with skull plate attached from a domestic cervid shall ensure that

the hard antler is immediately tagged with a tag affixed to the hard

antler or otherwise identified with some other method of identification

that is approved by the Minister and notified to the operator in writing

by the Director.

(3) A person who has possession of hard antler that has been tagged

under subsection (2) shall ensure that it remains so tagged until

(

a) it is exported from Alberta or is lawfully altered in

accordance with the Food and Drugs Act (Canada),

(

b) that person lawfully ceases to be in possession of it, or

(

c) the Director allows otherwise.

Tag requirements

40 Each tag must

(

a) be provided by, or be issued in Alberta and in the form

approved by, the Director for the purpose covered by

section

22, 38 or 39, as the case may be, and

(

b) be given a unique Alberta number.

Miscellaneous

Onus of proof relative to enforcement of

wildlife legislation

Section 151.4 of the Wildlife Regulation (AR 143/97) applies.

Liability for strays

42(1) In this section,

(

a) references to damage being done include any injury or other

harm caused;

(b) "person" includes, subject to

section 25 of the Act, the

Crown and any individual acting on the Crown's behalf.

(2) If a domestic cervid strays and

(

a) damage is done to property (including wildlife)

(

i) by the stray, or

(ii) by any person who is attempting to capture or kill the

stray,

(

b) expense is reasonably incurred in lawfully attempting to

capture or kill or in maintaining or transporting the stray,

the operator is, and if the operator did not own the animal immediately

before it strayed, the operator and the owner of the animal at that time

are jointly and severally, liable for that damage or expense or for both,

except to the extent that it is due to the fault of the person suffering the

damage or incurring the expense.

(3) In determining whether liability for any damage or expense is

excluded by subsection (2), the damage or expense is not to be treated

as due to the fault of the person suffering or incurring it by reason only

that the person could have prevented it by fencing the person's land.

(4) If a person

(

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

(

b) tampers with, damages or destroys a gate or fence,

as a result of which a domestic cervid strays, the person is liable for

any damage or expense referred to in subsection (2).

(5) Nothing in subsection (4) restricts any liability under subsections

(2) and (3) and the liability may be apportioned among persons liable

under this section.

(6) Where

section 27(10)(

c) applies, the operator and, if applicable the

owner of the stray, have the liability referred to in subsection (2) to the

Crown with respect to the costs referred to in

section 27(10)(c).

(7) A person has a right of action under this

section for damage or

expense suffered by the person.

Transitional provision

43(1) A species animal that strayed before November 1, 2014 and that

is proved to have borne at least one ear-tag issued under, and

complying with,

section 5 of the Livestock Industry Diversification

(Ministerial) Regulation (AR 256/91) (repealed) is a domestic cervid

for the purposes of this Regulation.

(2) Notwithstanding subsection (1), if the straying of the animal

referred to in that subsection was reported to the Director before

November 1, 2014, the animal is a wildlife animal for the purposes of

this Regulation.

Consequential amendments

44(1) Pursuant to the Agriculture Financial Services Act,

section 1(1)(

q) of the Agriculture Financial Services

Regulation (AR 99/2002) is amended by striking out

"game-production animals as defined in the Livestock Industry

Diversification Act" and substituting "domestic cervids within the

meaning of the Domestic Cervid Industry Regulation".

(2) Pursuant to the Alberta Personal Property Bill of Rights,

the Exemption Regulation (AR 125/99) is amended by

adding the following after

section 4(h):

(i)

section 33(2)(

c) of the Livestock Industry Diversification Act,

section 9 of the Domestic Cervid Industry Regulation and,

generally, the acquisition by the Crown of ownership of a

stray within the meaning of and as a result of that legislation.

(3) Pursuant to the Marketing of Agricultural Products Act,

section 1(

k) of the Alberta Elk Plan Regulation

(AR 210/2002) is amended by striking out "Game Farm

Licence" and substituting "licence authorizing the operation of a

domestic cervid farm".

(4) Pursuant to the Meat Inspection Act,

section 6(2)(

b) of

the Meat Inspection Regulation (AR 42/2003) is amended by

striking out "but is not a present or prospective domestic cervid

within the meaning of the Livestock Industry Diversification Act".

(5) Pursuant to the Veterinary Profession Act,

section 2(

c) of the Exemption Regulation (AR 43/86) is repealed and the

following is substituted:

(

c) the removal of velvet antler in accordance with the Domestic

Cervid Industry Regulation from a domestic cervid within the

meaning of that Regulation

Repeals

45(1) The Livestock Industry Diversification (Principal) Regulation

(AR 255/91) is repealed.

(2) The Livestock Industry Diversification (Ministerial) Regulation

(AR 256/91) is repealed.

Expiry

46 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on October 31, 2024.

Commencement

47 This Regulation comes into force on November 1, 2014.