Bill 16 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bill 16 Stray Animals Amendment Act, 1984 (Legislature 20, Session 2)

L20 S2 3488

Alberta — Bills

1984 BILL 16 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 16 STRAY ANIMALS AMENDMENT ACT, 1984 MR. BATIUK First Reading (B>-- f A-B- nF'r\T-lr Second Reading . **./»'« 41 itif . -int. ^\i%€>. Committee ofthe Whole Third Reading Royal Assent . ^V.)„, ,^....-..vAi; ....k'***., .^.s...,'V*«ii'»a-l»*5llC«a=JW Jt*5iK?«3t^4*r iti .ieiiT.'^i

BiU 16 Mr Batiuk BILL 16 1984 STRAY ANIMALS AMENDMENT ACT, 1984 (Assented to , 1984) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: 1 The Stray Animals Act is amended by this Act. 2

Section 5(

a) is amended by striking out "land or any agricultural product" and substituting "real or personal property". 3

Section 7(l)(

c) is amended by striking out "land or to any agricul tural product" and substituting "real or personal property". 4

Section 8 is amended (

a) by repealing subsection (1) and substituting the following: 8(1) If livestock trespass on land, the owner or occupier of the land may, while the livestock are on his land, capture and confine them or authorize another person to capture and con fine them in a place appropriate to enable an inspector to identify them. (

b) in subsection (2)(

a) by striking out "across or".

Explanatory Notes 1 This Bill will amend

chapter S-23 of the Revised Statutes of Alberta 1980. 2

Section 5 presently reads in part: 5 When livestock trespass and (

a) damage is done to land or any agricultural product by the livestock or by any person in capturing the livestock, or.. . the owner ofthe livestock and the last person in possession ofthe livestock are jointly and severally liable for the damage or expenses or both, except as otherwise provided in

section 6. 3

Section 7 presently reads in part: 7(1) When a person (

a) opens and fails to close a gate, or (

b) tampers with, damages or destroys a gate or fence, as a resuh of which livestock escape, the person doing or failing to do the act or thing referred to in clause (

a) or (

b) is liable to the persons referred to in subsection (2) for (

c) any damage done to land or to any agricultural product by the livestock or by any person in capturing the livestock, and 4

Section 8(1) and (2) presently read: 8(1) When livestock trespass on land, the owner or occupier of the land may (

a) while the livestock are on his land (

i) capture and confine them on his land, or (ii) authorize a person to capture and confine them on the land on which they are trespassing. Explanatory Notes

Section 9 is repealed and the following is substituted: 9 An inspector may at any time, if he is satisfied that Uvestock are trespassing, capture and impound the livestock or authorize a person to capture and impound them. The following is added after

section 9: 9.1 An inspector who is satisfied that (

a) livestock are trespassing on land, (

b) attempted capture of the livestock will likely result in injury to some person, and (

c) after reasonable inquiry the owner or the last person in possession of the livestock is unknown, or the owner or last person in possession of the livestock is unwilling or unable to remove the Uvestock, may destroy and arrange for the disposal of the livestock or au thorize another person to destroy and arrange for the disposal of the livestock.

Section 15 is repealed and the following is substituted: 15(1) When Uvestock are sold by public auction pursuant to this Act, the proceeds of sale shall be disbursed in accordance with this section.

(2) If the owner or the last person in possession of the livestock is not known, the proceeds of a sale of livestock shall be dis bursed in the following order of priority, on proof of the expenses having been incurred: (

a) to pay the expenses of selUng the livestock; (

b) to pay any expense in capturing and confining the livestock; (

c) to pay any expense in transporting the livestock and at tempting to ascertain the owner or the last person in posses sion of the livestock;

or (

b) authorize an inspector to capture the livestock.

(2) No owner occupier or person on their behalf capturing trespassing livestock under subsection (1) shaU permd or allow the captured livestock to be (

a) transported or driven across or along a highway, or (

b) transported or driven over any land of which he is not the owner or the person in possession, unless authorized to do so by an inspector 5

Section 9 presently reads: 9 An inspector may (

a) on receipt of a request to capture livestock pursuant to

section 8, or (

b) at any time he is satisfted that livestock is trespassing, capture and impound the livestock or authorize a person to capture the livestock on his behalf. 6 Destruction of dangerous livestock. 7

Section 15 presently reads: 15(1) When livestock is sold by public auction pursuant to this Act the proceeds of sale shaU be forwarded to the Provincial Treasurer and dis bursed in accordance with this section.

(2) If the owner and the last person in possession ofthe livestock are not known, the proceeds of sale ofthe livestock shaU be disbursed in the jot- lowing priority: (

a) in paying the expense of selling the livestock. (

b) to pay for any expense in capturing and confining the livestock (

c) to pay for any expense in transporting the livestock and attempting to ascertain the owner or the last person in possession ofthe livestock. (

d) to pay for any expense in maintaining the livestock, and (

e) to pay for any damage to land or to an agricultural product caused by the livestock or by any person in capturing the livestock 2 Explanatory Notes

(

d) to pay any expense in maintaining the livestock.

(3) Any balance of the proceeds of a sale remaining after com pliance with subsection (2) shall be paid into the Stray Animals Act Fund estabhshed under

section 15.1.

(4) The Provincial Treasurer shall pay out of a balance referred to in subsection (3), to the extent that money is available in that balance, to a person claiming damage to real or personal property caused by the livestock or by a person capturing the livestock, the following amount: (

a) the amount ofthe damage claim, if it is reasonable in the opinion of an inspector, or (

b) the assessment calculated by an assessor under

section 16.

(5) The Minister may direct the Provincial Treasurer to pay out of the Stray Animals Act Fund the balance of the proceeds of a sale of livestock after compliance with subsection (4) to a person who (

a) claims, within I year from the date of the sale of live stock, and (

b) establishes to the satisfaction of the Minister that he was the owner of the livestock prior to the sale.

(6) Subject to

section 18, if no claim is made under subsection (5), the Provincial Treasurer shall, on the expiration of I year from the date of the public auction, transfer the balance of the proceeds of a sale of livestock to the General Revenue Fund.

(7) When livestock are sold by public auction pursuant to this Act and a dispute exists or arises between the former owner or the last person in possession ofthe livestock and a person claim ing to have suffered damage to real or personal property as a result of the trespass of the livestock, the proceeds of a sale of the livestock shall be paid in accordance with subsections (2) and (3) until (

a) the parties to the dispute agree in writing to the disposi tion ofthe balance ofthe proceeds, whereupon the Provincial Treasurer shall pay the balance of the proceeds of the sale of that livestock in accordance with the agreement, or (

b) a court awards damages and directs payment of the bal ance of the proceeds to one or both of the parties to the dispute, whereupon the Provincial Treasurer shall pay an amount in accordance with the direction ofthe court and pay any balance of the proceeds of the sale of that livestock to the former owner of that livestock. The following is added after

section 15: 15.1(1) There is estabhshed a fund known as the Stray Animals Act Fund, which is held by the Provincial Treasurer in a special account.

(

i) if the amount ofthe damage claim is, in the opinion of an inspector, reasonable, or (ii) in accordance with an assessment made pursuant to

section 16, and any balance ofthe proceeds of sale remaining shaU be paid into the General Revenue Fund.

(3) When livestock is sold by public auction pursuant to this Act and a dispute exists or arises between (

a) the former owner or the last person in possession ofthe livestock, and (

b) any person claiming to have suffered damage to land or to an agricultural product as a resuh ofthe trespass ofthe livestock, the proceeds of sale ofthe livestock shaU be paid in accordance with sub section (2)(

a) to (d), and any balance remaining shall continue to be held in trust by the Provincial Treasurer until (

c) the parties to the dispute agree in writing to the disposition ofthe proceeds whereupon the Treasurer shaU pay the proceeds in accord ance with the agreement, or (

d) a court awards damages and directs payment of the proceeds to one or more ofthe parties to the dispute whereupon the Treasurer shaU pay the sum in accordance with the direction ofthe court and pay any balance remaining to the owner ofthe livestock. 8 Establishment of Stray Animals Act Fund. Explanatory Notes

(2) The Provincial Treasurer shaU make payments out ofthe Stray Animals Act Fund in accordance with

section 15(4), (5) and (7) and

section 18 on a requisition for payment being submitted to the Provincial Treasurer by an inspector.

(3) The Stray Animals Act Fund may be a depositor to the Con solidated Cash Investment Trust Fund established under the Fi nancial Administration Act. 9

Section 16 is amended (

a) in subsection (l)(

b) by striking out "land or to an agricultural product" and substituting "real or personal property", and (

b) in subsection (3) by striking out "section 15(2)(e)" and substi tuting''section 15(4)". 10

Section 17 is repealed. 11

Section 18 is repealed and the following is substituted: 18 Where livestock is sold by public auction pursuant to this Act and the proceeds of the sale are insufficient to pay the ex penses referred to in

section 15(2), the Provincial Treasurer may pay the expenses out of money in the Stray Animals Act Fund (

a) that has not been claimed under

section 15(5), and (

b) that, but for this section, would be transferred to the Gen eral Revenue Fund under

section 15(6). 12 The following is added after

section 19: 19.1(1) In this section, (a) "community pasture" means land of the Crown in right of Alberta that is (

i) established and operated as a community grazing re serve, or

Section 16 presently reads in part: 16(1) When livestock is impounded pursuant to this Act and (

a) the owner and the last person in possession ofthe livestock are not known, and (

b) a person claiming to have suffered damage to land or to an agri cultural product as a resuh of trespassing livestock and an inspector do not agree on the amount of damage done by the livestock and by any person in capturing the livestock, the Minister may, on being requested to do so, direct an assessor to assess the amount of the damage and, when appropriate, to determine the live stock responsible for the damage.

(3) The assessment and the determination, if any, ofthe assessor isftnal for the purpose of computing the amount to be paid to a person claiming to have suffered damage pursuant to

section 15(2)(e). 10

Section 17 presently reads: 17 When a person is able to establish to the satisfaction ofthe Minister within one year ofthe date ofthe sale of livestock by public auction pur suant to this Act that (

a) he was the owner ofthe livestock, and (

b) the balance ofthe proceeds of sale ofthe livestock were paid into the General Revenue Fund, the Minister may direct the Provincial Treasurer to repay the balance of the proceeds of sale ofthe livestock to that person from money voted by the Legislature for that purpose. 11

Section 18 presently reads: 18 When livestock is sold by public auction pursuant to this Act and the proceeds of sale are insufficient to pay the expenses referred to in

section 15(2)(

a) to (d), the Government shah pay the expenses on application therefor out of money voted by the Legislature for the purpose 12 Allows unclaimed nursing calves to be sold and the proceeds paid to the grazing association. Explanatory Notes

(ii) held under a grazing lease by a grazing association, under the Public Lands Act; (b) "grazing association" means a grazing association incor porated under the Societies Act or the Co-operative Associa tions Act.

(2) Notwithstanding any other provision ofthis Act, if a nursing calf is found on a community pasture during roundup and an inspector is satisfied that the owner of the calf cannot readily be determined, he may, as soon as possible, sell the calf by public auction.

(3) The net proceeds of the sale under subsection (2) after de ducting the expenses of maintaining, transporting and selling the calf shall be paid to the grazing association or other association that utilizes the community pasture on which the calf was found. 13

Section 24(3) is repealed and the following is substituted: (3) Subsection (2) does not apply to a highway, other than a primary highway, (

a) within the boundaries of land in an Indian reserve, or (

b) within the boundaries of land (

i) held under a grazing lease or a grazing permit under the Public Lands Act, (ii) established and operated as a community grazing re serve under the Public Lands Act, or (iii) designated for grazing use under the Forest Reserves Act. 14 The following is added after

section 26: 26.1 A person who finds stray livestock on his land or land that he occupies shall, within 7 days after he finds the livestock, notify the registered brand owner of the livestock or an inspector. In accordance with

section 4(1) ofthe

Interpretation Act, this BiU comes into force on the date U receives Royal Assent.

Section 24(3) presently reads: (3) Subsections (1) and (2) do not apply to a highway, other than a primary highway, within the boundaries of any land in an Indian reserve or within the boundaries of any land (

a) held under a grazing lease or a grazing permit, or (

b) established and operated as a community grazing reserve, pursuant to the Public Lands Act. 14 Requires a person who finds stray livestock to notify the owner inspector within 7 days. or an Explanatory Notes Title: 1984 (20th, 2nd) Bill 16, Stray Animals Amendment Act, 1984

Document details

Collection	Alberta — Bills
Citation	L20 S2 3488
Type	bill
Volume / chapter	L20 S2 3488
Language	en
Format	json
Source	PROVINCIAL
Identifier	8c45b403824e790f3c98a375cec240984f8319bb

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