Alberta Regulation 198/2008

Income and Employment Supports Act

INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS

AMENDMENT REGULATION

Filed: December 3, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 559/2008)

on December 3, 2008 pursuant to

section 18 of the Income and Employment Supports

Act.

1 The Income Supports, Health and Training Benefits

Regulation (AR 60/2004) is amended by this Regulation.

Section 5(2) is amended by adding the following after

clause (j):

(j.1) a Registered Disability Savings Plan;

Section 6(4)(

a) is amended by adding the following after

subclause (xxiii);

(xxiv) payments received from a Registered Disability Savings

Plan;

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

Alberta Regulation 199/2008

Animal Health Act

TRACEABILITY LIVESTOCK IDENTIFICATION REGULATION

Filed: December 3, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 562/2008)

on December 3, 2008 pursuant to

section 69 of the Animal Health Act.

Table of Contents

Definitions

2 Application

3 Recording and reporting livestock information

4 Feedlots

5 Retagging

6 Records

7 Reporting into the Canadian Livestock Tracking System

8 Offence

9 Expiry

10 Coming into force

Definitions

1 In this Regulation,

(a) "actual birth date" means the day, month and year of birth of

livestock;

(b) "approved tag" means a tag that meets the requirements of

the Health of Animals Regulations (Canada);

(c) "birthing start date" means the day, month and year of the

first head of livestock born as part of a herd;

(d) "Canadian Livestock Tracking System" means the database

operated by the Canadian Cattle Identification Agency;

(e) "dairy farm" means an operation, including the buildings and

land occupied or used in connection with the production of

milk, where dairy livestock are kept and part or all of the

milk obtained from the dairy livestock is sold, offered for

sale or supplied for human consumption;

(f) "farm of origin" has the meaning set out in the Health of

Animals Act (Canada);

(g) "feedlot" means an operation that feeds more than 5000 head

of livestock annually and is operated in whole or in part for

the purposes of growing or finishing livestock by means

other than grazing, but does not include

(

i) an overwintering site where livestock are fed and

sheltered,

(ii) a dairy farm, or

(iii) a site for breeding livestock and their offspring;

(h) "livestock" means cattle;

(i) "premises" means a premises as defined in the Traceability

Premises Identification Regulation;

(j) "premises identification number" means a premises

identification number as defined in the Traceability Premises

Identification Regulation.

Application

2 This Regulation applies to all cattle born in Alberta on or after

January 1, 2009.

Recording and reporting livestock information

3(1) A livestock owner must identify livestock following the birth of a

head of livestock, keep records and report to the Minister in

accordance with this section.

(2) Except as provided in subsection (5), a livestock owner must

ensure that livestock are identified by an approved tag and that

corresponding records required by subsection (4)(

b) are created and

reported to the Minister,

(

a) if the livestock owner records birth dates by birthing start

date, within 8 months of the birthing start date, or

(

b) if the livestock owner records birth dates by actual birth

date, within 90 days of the birth of each head of livestock

or before the livestock leave the farm of origin, whichever occurs first.

(3) A livestock owner must record the age of livestock by

(

a) the actual birth date, or

(

b) the birthing start date.

(4) A livestock owner must

(

a) apply an approved tag required to be applied to the livestock

in a manner that meets the requirements of the Health of

Animals Regulations (Canada),

(

b) record in the livestock owner's records for each head of

livestock

(

i) the livestock owner's premises identification number,

(ii) the approved tag number applied to the livestock in

accordance with the Health of Animals Regulations

(Canada),

(iii) the actual birth date or birthing start date for the

livestock, and

(iv) the method by which the birth date is determined

according to subclause (iii),

and

(

c) report all information required by clause (

b) to the Minister.

(5) A livestock owner may move livestock without an approved tag to

a site that meets the requirements of the Health of Animals Regulations

(Canada) for the purposes of having an approved tag applied to the

livestock at that site and must apply an approved tag within 6 months

of the birthing start date.

Feedlots

4(1) A feedlot owner must identify livestock by recording and

reporting all of the following information to the Minister:

(

a) the premises identification number for the feedlot;

(

b) the approved tag number for each head of livestock that

moves into the feedlot within 7 days of the date the livestock

moves into the feedlot;

(

c) the approved tag number for each head of livestock that

moves out of the feedlot within 7 days of the date the

livestock moves out of the feedlot, unless the head of

livestock is destined for slaughter.

(2) A head of livestock is destined for slaughter if the livestock is

delivered directly to a meat facility licensed under the Meat Inspection

Act or to a registered establishment operating under the Meat

Inspection Act (Canada) after leaving the feedlot.

Retagging

5 A person who owns, possesses or has the care or control of

livestock that does not bear an approved tag must

(

a) apply a new approved tag in accordance with the Health of

Animals Regulations (Canada), and

(

b) report to the Minister

(

i) the date the new approved tag is applied to the

livestock,

(ii) the new approved tag number,

(iii) the previously approved tag number, if available, and

(iv) the premises identification number of the person from

whom the livestock owner or feedlot owner took

possession of, custody of or control of the livestock, if

available,

within 30 days of the date the new tag is applied by livestock owners

or before the date the livestock leave the farm of origin, whichever is

earlier, and within 7 days of the date the new tag is applied by feedlot

owners or before the livestock leave the feedlot, whichever is earlier.

Records

6 Any person who is required to identify livestock under this

Regulation must

(

a) retain records containing the livestock's approved tag

number and the livestock's production number or other

on-farm or feedlot livestock identification numbers,

(

b) correlate records required by sections 3(4)(

b) and 4(1), as

applicable, with records retained in clause (

a) for each head

of livestock, and

(

c) provide a copy of the records referred to in this

section to the

Minister upon request.

Reporting into the Canadian Livestock Tracking System

7 Livestock owners and feedlot owners must comply with the

reporting requirements of this Regulation except the requirements of

section 6(

c) by reporting the required information into the Canadian

Livestock Tracking System.

Offence

8(1) No person shall create false records or provide false information

to the Minister or to the Canadian Livestock Tracking System for the

purposes of this Regulation.

(2) Any person who contravenes

section 3, 4, 5, 6 or 7 is guilty of an

offence.

Expiry

9 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 January 31, 2014.

Coming into force

10 This Regulation comes into force on January 1, 2009.

Alberta Regulation 200/2008

Animal Health Act

TRACEABILITY PREMISES IDENTIFICATION REGULATION

Filed: December 3, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 563/2008)

on December 3, 2008 pursuant to

section 69 of the Animal Health Act.

Table of Contents

Definitions

2 Premises identification

3 Commingling site

4 Application for premises identification account

5 Application for premises identification number

6 Information

7 Offence

8 Expiry

9 Coming into force

Definitions

1 In this Regulation,

(a) "applicant" means a person who applies for a premises

identification account and at least one premises identification

number;

(b) "commingling site" means a commingling site under

section

(c) "feedlot" means an operation that feeds more than 5000 head

of livestock annually and is operated in whole or in part for

the purposes of growing or finishing livestock by means

other than grazing, but does not include

(

i) an overwintering site where livestock are fed and

sheltered,

(ii) a dairy farm, or

(iii) a site for breeding livestock and their offspring;

(d) "location" means one or more premises that are contiguous to

each other and that are under one management for breeding,

raising, displaying, assembling, growing, finishing and

disposing of livestock;

(e) "premises" means the area of land contained in a legal land

description or identified by georeferenced coordinates and is

where recordable animals are bred, kept, raised, displayed,

assembled or disposed of;

(f) "premises identification account" means a unique identifying

account number assigned by the Minister to an owner of a

recordable animal or to an operator of a commingling site;

(g) "premises identification number" means a unique identifying

number assigned by the Minister to premises;

(h) "recordable animal" means

(

i) alpacas,

(ii) asses,

(iii) bees,

(iv) bison,

(

v) cattle,

(vi) domestic cervids,

(vii) doves in captivity,

(viii) ducks in captivity,

(ix) fish acquired, propagated, reared or kept in accordance

with a class A commercial fish culture licence or a class

B commercial fish culture licence issued under the

Fisheries (Alberta )Act,

(

x) fur-bearing animals as defined in the Fur Farms Act,

(xi) geese in captivity,

(xii) goats,

(xiii) guinea fowl in captivity,

(xiv) horses,

(xv) llamas,

(xvi) mules,

(xvii) peafowl in captivity,

(xviii) pheasants in captivity,

(ixx) pigeons in captivity,

(xx) poultry in captivity,

(xxi) quail in captivity,

(xxii) rabbits raised for the production of meat,

(xxiii) ratites,

(xxiv) sheep,

(xxv) swine,

(xxvi) wild boars,

(xxvii) wild turkeys in captivity, and

(xxviii) yaks.

Premises identification

2(1) An owner of a recordable animal must apply for a premises

identification account and at least one premises identification number

in the form and manner approved by the Minister within 30 days of

assuming ownership of a recordable animal.

(2) An owner of a recordable animal may obtain a premises

identification number for each location, other than a commingling site,

where the owner's recordable animal may be located.

(3) A commingling site operator must provide premises identification

numbers to recordable animal owners who have recordable animals on

the commingling site.

(4) An owner of an animal that is kept at a commingling site must

provide the premises identification number for the commingling site in

the application for a premises identification account.

(5) No owner of a recordable animal shall breed, keep, raise, display,

assemble or dispose of the recordable animal unless that owner has a

premises identification account.

Commingling site

3(1) In this Regulation, a commingling site is a location, other than a

farm or a ranch, where recordable animals owned by different owners

are kept together either temporarily or permanently.

(2) Commingling sites include

(

a) an abattoir under the Meat Inspection Act,

(

b) animal artificial insemination centres,

(

c) animal embryo transfer stations,

(

d) assembling stations,

(

e) carcass disposal sites,

(

f) boarding stables,

(

g) community pastures,

(

h) fairs and exhibitions,

(

i) feedlots,

(

j) livestock markets,

(

k) an establishment operating under the Meat Inspection Act

(Canada),

(

l) meat facilities under the Meat Inspection Act,

(

m) race tracks,

(

n) renderers,

(

o) veterinary clinics,

(

p) veterinary laboratories, and

(

q) veterinary hospitals.

(3) An operator of a commingling site shall obtain a premises

identification account and at least one premises identification number

for each commingling site operated by the operator within 30 days of

assuming ownership or operation of the commingling site in the form

and manner approved by the Minister.

Application for premises identification account

4(1) An application for a premises identification account must include

the following information:

(

a) the applicant's name;

(

b) the name of the business the applicant will be operating

under, if any;

(

c) the applicant's contact information during business hours and

after business hours, including the applicant's

(

i) address,

(ii) telephone number,

(iii) cell phone number, if available,

(iv) fax number, if available, and

(

v) e-mail address, if available.

(2) If the applicant is an owner of a recordable animal that is located at

a commingling site, the applicant must provide the premises

identification number of the commingling site, obtained from the

operator of the commingling site under

section 2(3) in the application

for a premises identification account.

Application for premises identification number

5(1) An application for a premises identification number must include

the following information:

(

a) the applicant's name;

(

b) the applicant's contact information and the contact

information for the person who will be the primary contact

for the premises during business hours and after business

hours, including each person's

(

i) address,

(ii) telephone number,

(iii) cell phone number, if available,

(iv) fax number, if available, and

(

v) e-mail address, if available;

(

c) the applicant's previously obtained Canadian Cattle

Identification Agency premises number, if obtained;

(

d) the applicant's previously obtained Alberta Pork Producers'

premises number, if obtained;

(

e) the legal land description or georeferenced coordinates for

the premises to be associated with the premises identification

account required under

section 2(1), 3(3) or 4(2);

(

f) the type of premises the premises identification number is to

be assigned to;

(

g) the species of recordable animals that will be present on each

location associated with the applicant's management of a

recordable animal operation;

(

h) the maximum capacity of each species of recordable animals

that may be present on each location associated with the

applicant's management of a recordable animal operation.

(2) If a recordable animal is located at a commingling site, the owner

of the recordable animal must use the premises identification number

issued to the operator of the commingling site and does not need to

obtain a separate premises identification number for the commingling

site.

Information

6 An applicant must inform the Minister of any change in the

information provided under

section 4 or 5 within 30 days after the

change in information occurs.

Offence

7 Any person who knowingly provides false information in an

application under

section 4 or 5 or provides false information under

section 6 is guilty of an offence.

Expiry

8 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 January 31, 2014.

Coming into force

9 This Regulation comes into force on January 1, 2009.

Alberta Regulation 201/2008

Stray Animals Act

STRAY ANIMALS AMENDMENT REGULATION

Filed: December 3, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 566/2008)

on December 3, 2008 pursuant to

section 35 of the Stray Animals Act.

1 The Stray Animals Regulation (AR 301/96) is amended by

this Regulation.

Section 1 is amended by renumbering it as

section 1(1)

and by adding the following after subsection (1):

(2) In the Act, "livestock" means

(

a) alpacas,

(

b) bison,

(

c) cattle,

(

d) donkeys,

(

e) goats,

(

f) horses,

(

g) llamas,

(

h) mules,

(

i) sheep, and

(

j) swine.

3 Sections 2 to 4 are repealed.

Section 7 is amended by striking out "2009" and

substituting "2014".

5 This Regulation comes into force on the coming into

force of the Stray Animals Amendment Act, 2005.

Alberta Regulation 202/2008

Alberta Enterprise Corporation Act

ALBERTA ENTERPRISE CORPORATION REGULATION

Filed: December 3, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 568/2008)

on December 3, 2008 pursuant to

section 16 of the Alberta Enterprise Corporation

Act.

Table of Contents

Interpretation

2 Investments

3 Disqualification of directors

4 Borrowing

5 Indemnities

6 Subsidiaries

7 Expiry

8 Coming into force

Interpretation

1 In this Regulation, "Act" means the Alberta Enterprise

Corporation Act.

Investments

2 The Corporation may make investments only as a limited partner in

a limited partnership, and may not act as a general partner in respect of

any investment.

Disqualification of directors

3(1) A director is disqualified if the director

(

a) becomes a dependent adult as defined in the Dependent

Adults Act or the subject of a certificate of incapacity under

that Act,

(

b) becomes a formal patient as defined in the Mental Health

Act,

(

c) is found to be a person of unsound mind by a court elsewhere

than in Alberta,

(

d) becomes a bankrupt in Canada or a person having a status

equivalent to bankrupt in any other jurisdiction,

(

e) is convicted

(

i) of an indictable offence or of an offence of a similar

nature in another jurisdiction, or has been convicted of

such an offence within the immediately preceding 5

years, or

(ii) of an offence under the Bank Act (Canada) or the Loan

and Trust Corporations Act, the Credit Union Act, the

Insurance Act or the Securities Act, or an equivalent law

of another jurisdiction,

(

f) becomes an individual who is an employee of, or who is an

employee of an agent of, the Crown,

(

g) becomes a Member of the Legislative Assembly of Alberta,

(

h) is found, after being appointed, to have been

(

i) less than 18 years of age at the time of the appointment,

(ii) a person described in any of clauses (a), (b), (c), (

d) or

(

f) at the time of the appointment,

(iii) convicted of an offence referred to in clause (e)(

i) within the 5 years immediately preceding the

appointment, or

(iv) convicted of an offence referred to in clause (e)(ii) at

any time preceding the appointment.

(2) An act of the board or a committee of the board is valid

notwithstanding that a director may have been disqualified under this

section.

Borrowing

4 Subject to the Financial Administration Act, the Corporation may,

if authorized by a resolution of the board, borrow money

(

a) by credit card, if the money is required for operating

purposes in the ordinary course of the Corporation's

business, or

(

b) by another means or for another purpose, with the prior

written authorization of the Minister.

Indemnities

5(1) The Corporation may indemnify a person under

section 7(1) of

the Act if the indemnity

(

a) is in writing,

(

b) is authorized by a resolution of the board, and

(

c) provides that it applies only to the extent that the person is

not otherwise indemnified.

(2) An indemnity referred to in subsection (1) may contain additional

(3) Subject to subsections (4) and (5), the Corporation may provide an

indemnity under

section 7(2) of the Act if the indemnity is in writing,

is authorized by a resolution of the board and

(

a) is ancillary and incidental to the business purpose of an

agreement involving the Corporation and that agreement is of

a kind where no liability under the indemnity is likely to arise

in the normal course of the performance of the agreement if

the agreement is properly performed, or

(

b) is an indemnity against losses that may be incurred by a

financial institution resulting from a loan to a receiver,

liquidator, bankruptcy trustee, administrator or other person

acting in a similar capacity who is appointed by the

Corporation.

(4) The Corporation may give indemnities only as a limited partner in

respect of an obligation of the limited partnership, and shall not give

any indemnity that requires or could require the Corporation to

individually indemnify any person.

(5) The Corporation may give an indemnity only if all indemnification

that may become payable under it is to be paid from the assets of the

limited partnership.

Subsidiaries

6 The Act and this Regulation apply to any subsidiaries of the

Corporation.

Expiry

7 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 March 31, 2014.

Coming into force

8 This Regulation comes into force on the coming into force of the

Alberta Enterprise Corporation Act.

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

Alberta Regulation 203/2008

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED GENERAL

AMENDMENT REGULATION

Filed: December 3, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 569/2008)

on December 3, 2008 pursuant to

section 12 of the Assured Income for the Severely

Handicapped Act.

1 The Assured Income for the Severely Handicapped

General Regulation (AR 91/2007) is amended by this

Regulation.

Schedule 1, Table 1 is amended by adding the following

after

section 1(f):

(f.1) a payment under a registered disability savings plan under

section 146.4 of the Income Tax Act (Canada);

Schedule 2 is amended by adding the following after

section 2(2)(c):

(c.1) a registered disability savings plan under

section 146.4 of the

Income Tax Act (Canada);

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

Alberta Regulation 204/2008

Health Insurance Premiums Act

HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION

Filed: December 3, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 575/2008)

on December 3, 2008 pursuant to

section 2 of the Health Insurance Premiums Act.

1 The Health Insurance Premiums Regulation (AR 217/81)

is amended by this Regulation.

2 The following is added before

section 2:

1.1 Notwithstanding anything in this Regulation, the monthly

premium payable for basic health services and insured hospital

services for January, 2009 and subsequent months is $0.00.

3 The

Schedule is amended by striking out "Regular

Premiums" under the heading "Basic Health Services and

Insured Hospital Services" and substituting "Regular

Premiums (ending December 31, 2008)".

4 This Regulation comes into force on January 1, 2009.

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

Alberta Regulation 205/2008

Forests Act

TIMBER MANAGEMENT AMENDMENT REGULATION

Filed: December 3, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 576/2008)

on December 3, 2008 pursuant to

section 4 of the Forests Act.

1 The Timber Management Regulation (AR 60/73) is

amended by this Regulation.

Section 122.2 is repealed.

Section 141.6 is repealed and the following is

substituted:

141.6(1) Subject to

section 141.61, the timber disposition holder

shall submit to the Minister an establishment survey for an area to be

reforested.

(2) If the reforestation standards have not been completely met by

the end of the year in which the establishment survey is required to

be submitted, the timber disposition holder shall, before the end of

the following year, re-treat the area by methods and operations that

were approved in writing by the Minister under

section 143.1 prior

to the commencement of the re-treatment.

141.61(1) A timber disposition holder who at any time after the

reforestation referred to in

section 141.1 knows that the area to be

reforested is not likely to meet the applicable reforestation standards

without additional treatment, may, instead of submitting an

establishment survey referred to in

section 141.6(1), submit a

declaration to that effect along with a written commitment to carry

out the reforestation operations as necessary to meet the applicable

reforestation standards.

(2) A written commitment under subsection (1) must be submitted

for the approval of the Minister on or before the date on which an

establishment survey for that area would have been required to be

submitted.

Section 142(1) is repealed and the following is

substituted:

142(1) Where a timber disposition holder fails to completely meet

the reforestation standards by the end of the year in which the survey

under

section 141.6(1) or 141.7, as the case may be, is required to be

submitted, the Minister may, notwithstanding

section 141.6(2),

order

(

a) the suspension of some or all,

(

i) of the operations that may be carried out under any

timber disposition held by the timber disposition holder,

and

(ii) of the reforestation operations referred to in the order,

(

b) if any of the operations have not yet commenced, that any or

all of the operations not commence.

Section 142.2 is repealed.

Section 142.9 is amended by striking out "Survey Manual"

and substituting "reforestation requirements".

Schedule 2 is repealed and the following is substituted:

Schedule 2

Penalties for Contravention

Contravened

Section of

Regulation

Penalty

57(1)(b), 64, 68,

72, 73, 105, 112,

113, 114, 115.1,

119, 120, 169

Not less than $50 nor more than $500 on the first

offence. Not less than $100 nor more than

$1000 on any subsequent offence that occurs

within 2 years of the payment of any penalty for

a previous offence against the same section.

74, 160, 170

Not less than $10 nor more than $100 for each

offence.

70, 109

Not less than $50 nor more than $100 for each

offence.

71, 98, 100(1)(h),

143.1, 143.2(2),

144.3

Not less than $100 nor more than $500 for each

offence.

57(1)(c), 99,

100(1)(a), (b), (c),

(d), (f), (g), (

i) and

(j), 101(3),

141.3(2), 141.5,

142(2), 142.8,

143(2), 144.2,

146, 164.1

Not less than $300 nor more than $5000 for each

offence.

122.02, 122.03

Not less than $500 nor more than $5000 for each

offence.

100(1)(e), 111,

148, 153(2)

Where the Minister can readily estimate the

volume of timber that has been wasted, he may

assess a penalty of not less than twice and not

more than 4 times the general rate of timber dues

on the estimated volume. Otherwise he may

assess a penalty of not less than $100 nor more

than $1000 for each offence.

116.1

Where there is unreported volume, not less than

$1000 and not more than twice the amount of the

general rate of timber dues payable on the

unreported volume if that amount is greater than

$1000.

Where there is not any unreported volume, not

less than $1000 nor more than $5000.

117, 117.1

Not less than $200 nor more than $500 for each

offence.

118(1)

Where the form is inaccurate or incomplete or

the wrong form is produced, not less than $200

nor more than $500 for each offence.

Where a form is not produced when demanded,

not less than $1000 nor more than $5000 for

each offence.

141.1(1), 141.6(2)

$2.50 per hectare for each month of

contravention.

141.6(1), 141.61,

141.7(1)

For each late submission of an acceptable survey

or commitment, the Minister may assess a

penalty in accordance with the following table

computed on the Minister's estimate of the area

involved and on the date when the acceptable

submission of the survey or commitment is

made:

Month following end of

year in which acceptable

submission of the survey

or commitment was

required by the applicable

provision

Penalty to be assessed for each hectare

that is the subject of the submission,

where an acceptable submission of the

survey or commitment is received in the

relevant month listed in the first column

May

$0.02 for each day of the month until

submission received.

June

$0.62 plus $0.05 for each day of the

month until submission received.

July

$2.12 plus $0.07 for each day of the

month until submission received.

August

$4.29 plus $0.10 for each day of the

month until submission received.

September

$7.39 plus $0.10 for each day of the

month until submission received.

October

$10.39 plus $0.10 for each day of the

month until submission received.

November

$13.49 plus $0.10 for each day of the

month until submission received.

December

$16.49 for submission received on any

date in the month.

January

February

March

April

$17.30 for submission received on any

date in any of the months.

The penalties shown are repeated in each

consecutive year, in addition to the

penalties assessed in the previous years,

until acceptable submission of the survey

or commitment, as the case may be, is

received, although other action may also

be taken by the Minister as provided in

the Act and the Regulation.

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

Alberta Regulation 206/2008

Stray Animals Act

STRAY ANIMALS DELEGATION REGULATION

Filed: December 3, 2008

For information only: Made by the Minister of Agriculture and Rural Development

(M.O. 29/2008) on November 17, 2008 pursuant to

section 27 of the Stray Animals

Act.

Table of Contents

Definitions

2 Delegation

3 Inspection and audit

4 Conditions

5 Delegation agreement

6 Permitted activities

7 Licences

8 Financial reports

9 Handling of public auction proceeds

10 Accounting

11 Privacy

12 Records

13 Articles and members

14 Notice to Minister

15 Appeal of decision

16 Appeal board and notice

17 Appeal hearing

18 Appeal secretary

19 Mediation

20 Limiting legal liability

21 Repeal

22 Expiry

23 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Stray Animals Act;

(b) "delegated power, duty or function" means a power, duty or

function delegated under

section 2;

(c) "LIS" means Livestock Identification Services Ltd.

incorporated under

Part 9 of the Companies Act.

Delegation

2(1) LIS is continued for the purposes of this Regulation as a

delegated authority referred to in

section 27 of the Act.

(2) The powers, duties and functions of the Minister under the

following sections of the Act are delegated to LIS:

(

a) section 4;

(

b) section 19;

(

c) section 21;

(

d) section 22.

(3) The powers, duties and functions of inspectors under the Act and

the regulations are delegated to LIS.

Inspection and audit

3(1) To determine if LIS is carrying out a delegated power, duty or

function in a manner satisfactory to the Minister, the Minister may

(

a) enter a premises in which LIS carries out a delegated power,

duty or function during normal business hours,

(

b) audit LIS's operations, and

(

c) inspect LIS's records.

(2) Without limiting

section 12, the Minister may make copies of

records related to a delegated power, duty or function during normal

business hours.

(3) The Minister may charge LIS for the reasonable costs incurred in

carrying out an audit.

Conditions

4 A delegation of a power, duty or function is subject to the

conditions set out in sections 5 to 14.

Delegation agreement

agreement with the Minister, if any, with respect to a delegation of a

power, duty or function.

Permitted activities

6 LIS shall engage only in the following activities:

(

a) a delegated power, duty or function under this Regulation or

any other Act or regulation;

(

b) livestock related reporting, education, assistance and audits;

(

c) co-operation in enforcement of livestock related legislation;

(

d) information services related to livestock tracing for product

recall and disease control purposes;

(

e) co-operation in implementation of livestock related quality

assurance program certification;

(

f) animal welfare services in co-operation with other agencies;

(

g) livestock identification and directly related services;

(

h) research into and co-operation in animal ownership and age

verification systems;

(

i) any other activity as authorized by the Minister.

Licences

7 LIS shall maintain all municipal, provincial and federal licences

required to carry out a delegated power, duty or function.

Financial reports

8(1) LIS shall,

(

a) at least 60 days before the beginning of each fiscal year,

provide a report to the Minister with LIS's business plan and

budget for the coming fiscal year,

(

b) not more that 120 days after the end of each fiscal year,

provide a report to the Minister with

(

i) a

summary of LIS's activities,

(ii) any rules made by LIS under

section 28 of the Act, and

(iii) audited financial statements

for the past fiscal year,

(

c) at least 30 days before the beginning of each quarter of each

fiscal year, provide a report to the Minister forecasting

revenues and expenditures for the coming quarter,

and

(

d) not more than 30 days after the end of each month, provide a

report to the Minister with a financial statement for all LIS's

activities for that past month.

(2) A report required under this

section must be provided in a form

and manner acceptable to the Minister.

(3) An audited financial statement provided under subsection

(1)(b)(iii) must include the remuneration and benefits paid or provided

(

a) each director of LIS,

(

b) the managers who reported directly to the board of directors

of LIS, and

(

c) the persons not referred to in clause (

a) or (

b) who were

employed by or under contract with LIS.

(4) Despite subsection (3)(a), the Minister may permit LIS to provide

the remuneration and benefits for the directors of LIS on a group basis.

(5) In this section, "remuneration and benefits" includes

(

a) regular salary, bonuses, overtime, lump sum payments and

honoraria,

(

b) the employer's share of all employee benefits and

contributions or payments made on behalf of employees, and

(

c) the employer's share of the cost of any other benefits

provided to employees.

(6) The Minister is authorized to disclose information about an

identifiable individual collected under this section.

Handling of public auction proceeds

9(1) The Stray Animals Proceeds Trust Fund is continued for the

purposes of

section 19(5) of the Act.

(2) LIS shall maintain the Fund at a financial institution in an account

that is used for the sole purpose of administering sections 19 and 21 of

the Act.

(3) LIS shall keep a separate accounting record for the Fund.

(4) LIS may invest the money in the Fund in investments in which

trustees are permitted to invest trust money under the Trustee Act.

(5) Income and interest from the Fund accrue to and form part of the

Fund.

Accounting

10 All money collected by LIS under a delegated power, duty or

function must be recorded and accounted for in accordance with

generally accepted accounting principles.

Privacy

11(1) LIS shall comply with the Freedom of Information and

Protection of Privacy Act in the course of carrying out a delegated

power, duty or function as if LIS were a public body.

(2) LIS shall designate a person to be responsible for Freedom of

Information and Protection of Privacy Act matters.

(3) LIS shall immediately direct a request for access to information

under the Freedom of Information and Protection of Privacy Act to the

Minister.

(4) LIS shall comply with the directions of the Minister with respect to

matters under the Freedom of Information and Protection of Privacy

Act.

(5) LIS is authorized to collect, use and disclose information about an

identifiable individual as required to carry out a delegated power, duty

or function.

Records

12(1) A record in the custody or control of LIS that is created or

required to carry out a delegated power, duty or function is the

property of the Crown in right of Alberta.

(2) LIS shall comply with the Records Management Regulation

(AR 224/2001) or an enactment which replaces the Records

Management Regulation (AR 224/2001) with respect to all records

referred to in subsection (1) as if LIS were a department.

(3) LIS shall designate a person to be responsible for Records

Management Regulation matters.

(4) LIS shall comply with the directions of the Minister with respect to

the handling of the records.

Articles and members

13 LIS shall not, without the prior written consent of the Minister,

(

a) amend its Memorandum of Association or Articles of

Association, or

(

b) permit a person to become a member of LIS.

Notice to Minister

14 LIS shall

(

a) notify the Minister within 15 days of a change to the

directors of LIS, and

(

b) at the same time the following are circulated to the directors

or members of LIS, provide a copy to the Minister:

(

i) notice of LIS directors' meetings;

(ii) minutes of LIS directors' meetings;

(iii) resolutions of the directors and any committee of the

directors;

(iv) background information and documents provided by

LIS to its directors;

(

v) notices or mailings provided by LIS to its members.

Appeal of decision

15(1) A person affected by a decision made by LIS or an employee,

agent, director or officer of LIS in the carrying out of a delegated

power, duty or function may appeal that decision.

(2) The appeal must be made in writing to LIS and within 30 days of

being notified of the decision.

(3) The appeal must contain

(

a) a description of the decision being appealed,

(

b) the grounds of appeal, and

(

c) the name, address and telephone number of the appellant.

Appeal board and notice

16(1) If an appeal is received in accordance with

section 15(2) and

(3), LIS shall

(

a) immediately notify the Minister of the appeal, and

(

b) within 10 days of receiving the appeal, appoint an appeal

board to hear the appeal.

(2) An appeal board shall consist of

(

a) a total of 3 members or, if there is an appeal where there is an

amount in dispute that exceeds $20 000, 5 members,

(b) 2 members or, in the circumstances referred to in clause (a),

3 persons who are appointed to the Tribunal under

section 72

of the Livestock Identification and Commerce General

Regulation, and

(

c) persons nominated by the Minister.

(3) A director, officer or employee of LIS must not be appointed to an

appeal board.

Appeal hearing

17(1) The appeal board shall hear the appeal within 30 days after the

appeal board is appointed.

(2) The appeal board shall serve a written decision, with reasons, on

the parties within 15 days of the appeal.

(3) An appeal may be heard on the basis of written submissions or an

oral hearing at the discretion of the appeal board.

(4) The appeal board may confirm, vary or reverse the decision

appealed from.

(5) The appeal board may establish rules and procedures for the

conduct of an appeal.

Appeal secretary

18(1) The Minister shall appoint a person to act as a secretary to the

appeal board.

(2) The secretary shall set and notify the parties to the appeal of

(

a) the time, date and place of the appeal hearing, or

(

b) the deadline for written submissions.

Mediation

19 LIS shall, if possible, try to resolve an appeal in good faith prior

to the filing of an appeal or the commencement of the appeal hearing.

Limiting legal liability

20 No action in negligence lies against LIS or its employees, agents,

directors or officers for anything done or not done in good faith while

carrying out a delegated power, duty or function.

Repeal

21 The LIS Delegated Authority Regulation (AR 219/98) is repealed.

Expiry

22 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 June 30, 2014.

Coming into force

23 This Regulation comes into force on the coming into force of the

Stray Animals Amendment Act, 2005.

Alberta Regulation 207/2008

Livestock Identification and Commerce Act

LIVESTOCK IDENTIFICATION AND COMMERCE

DELEGATION REGULATION

Filed: December 3, 2008

For information only: Made by the Minister of Agriculture and Rural Development

(M.O. 30/2008) on November 17, 2008 pursuant to

section 84 of the Livestock

Identification and Commerce Act.

Table of Contents

Definitions

2 Delegation

3 Inspection and audit

4 Conditions

5 Delegation agreement

6 Permitted activities

7 Licences

8 Financial reports

9 Handling of unidentified livestock sale proceeds

10 Fees

11 Accounting

12 Privacy

13 Records

14 Articles and members

15 Notice to Minister

16 Appeal of decision

17 Appeal board and notice

18 Appeal hearing

19 Appeal secretary

20 Mediation

21 Limiting legal liability

22 Repeal

23 Expiry

24 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Livestock Identification and Commerce Act;

(b) "delegated power, duty or function" means a power, duty or

function delegated under

section 2;

(c) "LICA General Regulation" means the Livestock

Identification and Commerce General Regulation;

(d) "LIS" means Livestock Identification Services Ltd.

incorporated under

Part 9 of the Companies Act.

Delegation

2(1) LIS is continued for the purposes of this Regulation as a

delegated authority referred to in

section 84 of the Act.

(2) The powers, duties and functions of the Minister under the Act are

delegated to LIS except for

(

a) the power to make regulations, and

(

b) the powers, duties and functions in sections 66(6), 85 and 90.

(3) The powers, duties and functions of the Minister under the LICA

General Regulation are delegated to LIS except for

(

a) sections 12 and 13,

(b)

section 17(1)(c),

(

c) section 33,

(

d) section 47,

(e)

section 48(2)(f), and

(

f) sections 71 to 73.

(4) The powers, duties and functions of inspectors under the Act and

the LICA General Regulation are delegated to LIS.

Inspection and audit

3(1) To determine if LIS is carrying out a delegated power, duty or

function in a manner satisfactory to the Minister, the Minister may

(

a) enter a premises in which LIS carries out a delegated power,

duty or function during normal business hours,

(

b) audit LIS's operations, and

(

c) inspect LIS's records.

(2) Without limiting

section 13, the Minister may make copies of

records related to a delegated power, duty or function during normal

business hours.

(3) The Minister may charge LIS for the reasonable costs incurred in

carrying out an audit.

Conditions

4 A delegation of a power, duty or function is subject to the

conditions set out in sections 5 to 15.

Delegation agreement

agreement with the Minister, if any, with respect to a delegation of a

power, duty or function.

Permitted activities

6 LIS shall engage only in the following activities:

(

a) a delegated power, duty or function under this Regulation or

any other Act or regulation;

(

b) livestock related reporting, education, assistance and audits;

(

c) co-operation in enforcement of livestock related legislation;

(

d) information services related to livestock tracing for product

recall and disease control purposes;

(

e) co-operation in implementation of livestock related quality

assurance program certification;

(

f) animal welfare services in co-operation with other agencies;

(

g) livestock identification and directly related services;

(

h) research into and co-operation in animal ownership and age

verification systems;

(

i) any other activity as authorized by the Minister.

Licences

7 LIS shall maintain all municipal, provincial and federal licences

required to carry out a delegated power, duty or function.

Financial reports

8(1) LIS shall,

(

a) at least 60 days before the beginning of each fiscal year,

provide a report to the Minister with LIS's business plan and

budget for the coming fiscal year,

(

b) not more that 120 days after the end of each fiscal year,

provide a report to the Minister with

(

i) a

summary of LIS's activities,

(ii) any rules made by LIS under

section 85 of the Act, and

(iii) audited financial statements

for the past fiscal year,

(

c) at least 30 days before the beginning of each quarter of each

fiscal year, provide a report to the Minister forecasting

revenues and expenditures for the coming quarter,

and

(

d) not more than 30 days after the end of each month, provide a

report to the Minister with a financial statement for all LIS's

activities for that past month.

(2) A report required under this

section must be provided in a form

and manner acceptable to the Minister.

(3) An audited financial statement provided under subsection

(1)(b)(iii) must include the remuneration and benefits paid or provided

(

a) each director of LIS,

(

b) the managers who reported directly to the board of directors

of LIS, and

(

c) the persons not referred to in clause (

a) or (

b) who were

employed by or under contract with LIS.

(4) Despite subsection (3)(a), the Minister may permit LIS to provide

the remuneration and benefits for the directors of LIS on a group basis.

(5) In this section, "remuneration and benefits" includes

(

a) regular salary, bonuses, overtime, lump sum payments and

honoraria,

(

b) the employer's share of all employee benefits and

contributions or payments made on behalf of employees, and

(

c) the employer's share of the cost of any other benefits

provided to employees.

(6) The Minister is authorized to disclose information about an

identifiable individual collected under this section.

Handling of unidentified livestock sale proceeds

9(1) The sale proceeds received by LIS under

section 34(3) or 35(2)

of the Act shall be deposited at a financial institution in an account that

is used for the sole purpose of administering sections 35 and 36 of the

Act.

(2) LIS shall keep a separate accounting record for the account.

(3) Lis may pay interest to a person entitled to the sale proceeds if LIS

considers it to be appropriate in the circumstances.

Fees

10 LIS may not collect a fee with respect to a delegated power, duty

or function except as set out in the LICA General Regulation.

Accounting

11 All money collected by LIS under a delegated power, duty or

function must be recorded and accounted for in accordance with

generally accepted accounting principles.

Privacy

12(1) LIS shall comply with the Freedom of Information and

Protection of Privacy Act in the course of carrying out a delegated

power, duty or function as if LIS were a public body.

(2) LIS shall designate a person to be responsible for Freedom of

Information and Protection of Privacy Act matters.

(3) LIS shall immediately direct a request for access to information

under the Freedom of Information and Protection of Privacy Act to the

Minister.

(4) LIS shall comply with the directions of the Minister with respect to

matters under the Freedom of Information and Protection of Privacy

Act.

(5) LIS is authorized to collect, use and disclose information about an

identifiable individual as required to carry out a delegated power, duty

or function.

Records

13(1) A record in the custody or control of LIS that is created or

required to carry out a delegated power, duty or function is the

property of the Crown in right of Alberta.

(2) LIS shall comply with the Records Management Regulation

(AR 224/2001) or an enactment which replaces the Records

Management Regulation (AR 224/2001) with respect to all records

referred to in subsection (1) as if LIS were a department.

(3) LIS shall designate a person to be responsible for Records

Management Regulation matters.

(4) LIS shall comply with the directions of the Minister with respect to

the handling of the records.

Articles and members

14 LIS shall not, without the prior written consent of the Minister,

(

a) amend its Memorandum of Association or Articles of

Association, or

(

b) permit a person to become a member of LIS.

Notice to Minister

15 LIS shall

(

a) notify the Minister within 15 days of a change to the

directors of LIS, and

(

b) at the same time the following are circulated to the directors

or members of LIS, provide a copy to the Minister:

(

i) notice of LIS directors' meetings;

(ii) minutes of LIS directors' meetings;

(iii) resolutions of the directors and any committee of the

directors;

(iv) background information and documents provided by

LIS to its directors;

(

v) notices or mailings provided by LIS to its members.

Appeal of decision

16(1) A person affected by a decision made by LIS or an employee,

agent, director or officer of LIS in the carrying out of a delegated

power, duty or function may appeal that decision.

(2) The appeal must be made in writing to LIS and within 30 days of

being notified of the decision.

(3) The appeal must contain

(

a) a description of the decision being appealed,

(

b) the grounds of appeal, and

(

c) the name, address and telephone number of the appellant.

(4) Subsection (1) does not apply to a decision made under

section

56(7) of the Act.

Appeal board and notice

17(1) If an appeal is received in accordance with

section 16(2) and

(3), LIS shall

(

a) immediately notify the Minister of the appeal, and

(

b) within 10 days of receiving the appeal, appoint an appeal

board to hear the appeal.

(2) An appeal board shall consist of

(

a) a total of 3 members or, in the following circumstances, 5

members:

(

i) an appeal of a decision to refuse to issue or to cancel or

suspend a licence;

(ii) an appeal where the amount in dispute in the appeal

exceeds $20 000,

(b) 2 members or, in the circumstances referred to in clause (a)(

i) or (ii), 3 persons who are appointed to the Tribunal under

section 72 of the LICA General Regulation, and

(

c) persons nominated by the Minister.

(3) A director, officer or employee of LIS must not be appointed to an

appeal board.

Appeal hearing

18(1) The appeal board shall hear the appeal within 30 days after the

appeal board is appointed.

(2) The appeal board shall serve a written decision, with reasons, on

the parties within 15 days of the appeal.

(3) An appeal may be heard on the basis of written submissions or an

oral hearing at the discretion of the appeal board.

(4) The appeal board may confirm, vary or reverse the decision

appealed from.

(5) The appeal board may establish rules and procedures for the

conduct of an appeal.

Appeal secretary

19(1) The Minister shall appoint a person to act as a secretary to the

appeal board.

(2) The secretary shall set and notify the parties to the appeal of

(

a) the time, date and place of the appeal hearing, or

(

b) the deadline for written submissions.

Mediation

20 LIS shall, if possible, try to resolve an appeal in good faith prior

to the filing of an appeal or the commencement of the appeal hearing.

Limiting legal liability

21 No action in negligence lies against LIS or its employees, agents,

directors or officers for anything done or not done in good faith while

carrying out a delegated power, duty or function.

Repeal

22 The following regulations are repealed:

(

a) LIS Delegated Authority Regulation (AR 218/98);

(

b) LIS Delegated Authority Regulation (AR 220/98);

(

c) LIS Delegated Authority Regulation (AR 221/98).

Expiry

23 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 June 30, 2014.

Coming into force

24 This Regulation comes into force on the coming into force of the

Livestock Identification and Commerce Act.

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

Alberta Regulation 208/2008

Livestock Identification and Commerce Act

LIVESTOCK IDENTIFICATION AND COMMERCE

GENERAL REGULATION

Filed: December 3, 2008

For information only: Made by the Minister of Agriculture and Rural Development

(M.O. 31/2008) on November 17, 2008 pursuant to sections 13, 43, 65, 76 and 92 of

the Livestock Identification and Commerce Act.

Table of Contents

Interpretation

Part 1

Application of Act

2 Livestock brands

3 Transactions, transportation, inspection

4 Levies, assurance funds, security

5 Out of province livestock - livestock manifest, livestock permit

6 Security

7 Inspection fee

Part 2

Registration of Livestock Brands and Honorary Brands

8 Application

9 Registry

Part 3

Transporting or Driving Livestock

Division 1

Inspections

10 Inspection required

11 Notice of inspection

12 Exception - abattoir, feedlot

13 Waiver - entering inspection site

14 Waiver - issuing permit

15 Duty to provide inspection facilities

Division 2

Permits

16 Livestock permit required

17 Livestock permit exemption

18 Application

19 Issuing

20 Types of permits

21 Completion, distribution, handling

23 Expiry

24 Cancellation

Division 3

Livestock Manifests

25 Completion, distribution, handling

26 Signing restrictions

27 Use as livestock security interest declaration

Division 4

Transportation

28 Transporting or driving livestock - one owner

29 Delivery destination

30 Adding person or destination - livestock permit

31 Amending person or destination - livestock permit

32 Amending person or destination - livestock manifest

Part 4

Sale of Livestock

Division 1

Sale Documents and Requirements

33 Bill of sale, invoice, settlement statement

34 Livestock security interest declaration

35 Disclosure of status by owner or dealer

36 Document retention

Division 2

Levies

37 Payment of levy

38 Waiver of eligibility

39 Refund of levy

Division 3

Recovery for Non-payment

40 Livestock Assurance Fund claims

41 Livestock Dealers' Assurance Fund claims

43 Maximum recovery

44 Eligibility - security

45 Eligibility - Livestock Assurance Fund

46 Eligibility - Livestock Dealers' Assurance Fund

47 Eligibility - security or assurance funds

Part 5

Livestock Dealers and Livestock Dealer's Agents

48 Dealing in livestock or livestock products

Division 1

Licensing

49 Application

50 Grounds of refusal, suspension, cancellation

51 Automatic refusal, suspension, cancellation

52 Automatic reinstatement

53 Notice of refusal, suspension, cancellation

55 Expiry

56 Determination of security

Division 2

Obligations and Duties

Relations with Public

57 Good faith

58 Representations

59 Accounting for dealings

Relations Between Livestock Dealers and

Livestock Dealer's Agents

60 Permitted agents

61 Termination of Agency

62 Consent for dual licensing

Dealings and Transactions

63 Deduct and remit levy

64 Dealing in livestock dealer's name

65 Sale or supply prohibited

66 Record keeping and retention

67 Trust accounts

68 Livestock weight

69 Required sale transaction documentation

Part 6

Miscellaneous

Division 1

Establishment and Operation of Tribunal

70 Tribunal

71 Designated associations

72 Requirement to appoint

73 Revocation and reinstatement of authorization

74 Chair

75 Quorum

Division 2

Fees

76 Registry fees

77 Inspection fees

78 Inspection fee reduction - grazing

79 Special permit fee

80 Collection of inspection fees

81 Licence fees

Division 3

Information and Offences

82 Collection of third party information

83 Offences

Division 4

Transition of Matters to Act

Interpretation

85 Brand registry

86 Licence

87 Inspectors

88 Withheld sale proceeds

89 Livestock manifest

90 Livestock permit

91 Rules

92 Assurance Funds

93 Appeal to Court of Appeal

94 Document retention

Division 5

Other

95 Repeals

96 Expiry

97 Coming into force

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Livestock Identification and Commerce Act;

(b) "country sale site" means a place

(

i) where livestock is offered for sale to more than one

prospective purchaser, and

(ii) that is not a livestock assembling station, livestock

market, feedlot or abattoir;

(c) "feeder" means a feeder association member acting on behalf

of a feeder association pursuant to a feeder agreement under

the Feeder Associations Guarantee Regulation (AR 75/98);

(d) "feeder association" means a feeder association as defined in

the Feeder Associations Guarantee Act;

(e) "feedlot" means a place, other than a seasonal feeding and

bedding site, that is operated for the purpose of feeding

livestock by a means other than grazing;

(f) "livestock assembling station" means a place that is operated

for the purpose of assembling, weighing or sorting livestock;

(g) "livestock market" means a place operated for the purpose of

selling livestock;

(h) "sheep" means an animal of genus Ovis;

(i) "special permit" means a horse permit, pedigree cattle permit

or a rodeo and exhibition permit;

(j) "swine" means an animal of the species Sus scrofa;

(k) "unlicensed person" means a person who is not licensed as a

livestock dealer or livestock dealer's agent under the Act.

(2) In the Act,

(a) "assured livestock" means cattle or horses that have been

(

i) supplied or sold by a participant, and

(ii) if the participant is not a livestock dealer, present in

Alberta as defined in subsection (7) for 30

consecutive days immediately prior to the supply or

sale;

(b) "business day" means any day other than Saturday or, as

defined in the

Interpretation Act, a holiday;

(c) "livestock manifest" means a manifest completed in the form

set out in

Schedule 2;

(d) "livestock permit" means a livestock permit issued in the

form required by the Minister;

(e) "participant" means, with respect to a specific supply or sale

transaction, a person

(

i) who, at the time of the supply or sale,

(

A) is an Alberta resident, and

(

B) is not an associated person of the person to

whom the assured livestock is supplied or

sold,

and

(ii) who supplies or sells assured livestock within the

circumstances described in one of the following

paragraphs:

(

A) a supply or sale in Alberta to a livestock dealer;

(

B) a sale in Alberta by a licensed livestock dealer to

an unlicensed person;

(

C) a supply in Dawson Creek, British Columbia or

Lloydminster, Saskatchewan to a livestock market

that is approved by the Minister;

(f) "permit" includes a rodeo and exhibition permit;

(g) "settlement statement" means a form of sales documentation

that includes the information set out in

section 33.

(3) For the purposes of

section 1(

j) of the Act, the following are

designated as financial institutions:

(

a) the Agriculture Financial Services Corporation established

under the Agriculture Financial Services Act;

(

b) the Farm Credit Corporation established under the Farm

Credit Canada Act (Canada).

(4) For the purposes of

section 1(

p) of the Act, the following are

designated as inspection sites:

(

a) a country sale site;

(

b) a livestock assembling station;

(

c) a livestock market;

(

d) a feedlot;

(

e) an abattoir.

(5) For the purposes of

section 1(

s) of the Act, sheep and swine are

designated as livestock.

(6) In

section 16 of the Act and

section 3(3) of this Regulation,

(a) "pay" means

(

i) to deposit the purchase funds electronically,

(ii) to send the purchase funds by postmarked mail,

(iii) to deliver the purchase funds,

(iv) to make the purchase funds available for pickup, or

(

v) if there is no livestock security interest in the livestock

or the dam of the livestock being sold, to sign a

financing agreement with the owner of the livestock

granting the owner a purchase-money security interest;

(b) "possession" means the day on which or, if the sale of the

livestock is subject to a condition and the livestock has not

been rejected on the basis of that condition, 2 business days

after the day on which

(

i) the livestock is delivered to the purchaser or the

purchaser's agent, or

(ii) the purchaser or the purchaser's agent may take delivery

of the livestock;

(c) "price discovery" means the day on which the person who is

required to pay the sale proceeds knows or ought to know the

amount of the sale proceeds payable.

(7) In subsection (2)(a), "present in Alberta" includes the presence of

the assured livestock at and the transportation or driving of the assured

livestock directly to or from a location outside of Alberta that is

approved by the Minister for the purposes of

section 17(1)(

b) or 78.

(8) In subsection (2)(e), "Alberta resident" means

(

a) a person whose ordinary place of residence is in Alberta,

(

b) a corporation registered under the Business Corporations Act,

(

c) a partnership where a majority of the partners are described

in clause (

a) or (b).

Part 1

Application of Act

Livestock brands

2(1)

Part 1 of the Act does not apply to sheep or swine.

(2) Part 2 of this Regulation does not apply to sheep or swine.

Transactions, transportation, inspection

3(1) The following provisions of

Part 2 of the Act do not apply to

sheep:

(a) sections 19(1)(

b) and (

c) and (4) and 23 to 39;

(

b) sections 44 to 46 to the extent they relate to a

section referred

to in clause (a).

(2) Part 2 of the Act does not apply to swine except for

(

a) section 17, and

(

b) sections 44 to 46 to the extent they relate to

section 17.

(3) Because swine are exempted from

section 16 of the Act,

section 55

of the Act applies to swine subject to the following modification and

addition:

(

a) non-payment occurs when payment is not received as agreed

to by the parties to the supply or sale agreement;

(

b) the notification must be made no later than 30 days from the

date of price discovery or possession, whichever occurs later.

(4) Part 3 of this Regulation, except for sections 25 to 29 and 32, does

not apply to sheep.

(5) Part 3 and Division 1 of

Part 4 of this Regulation do not apply to

swine.

Levies, assurance funds, security

4(1)

Part 4 of the Act does not apply to sheep or swine.

(2) Divisions 2 and 3 of

Part 4 of this Regulation do not apply to

sheep or swine except for sections 44 and 47.

Out of province livestock - livestock manifest, livestock permit

5(1)

Section 19(1)(

c) of the Act and

section 16 of this Regulation do

not apply to a person who is transporting or driving livestock into or

through Alberta from an originating point outside of Alberta.

(2) Section 19(1)(

a) of the Act does not apply to a person referred to

in subsection (1) if

(

a) the originating jurisdiction requires that the livestock be

accompanied by documentation to be transported or driven

out of the jurisdiction to the livestock's destination, and

(

b) the livestock is accompanied by the documentation.

(3) An exemption under subsection (1) or (2) expires when the

livestock

(

a) stops in Alberta for a purpose other than rest, or

(

b) is required to be inspected under the Act.

(4) If the livestock stops in Alberta for a purpose other than rest, the

point at which the livestock stops is considered to be its originating

point for the purpose of

section 16(a).

(5) The documentation referred to in subsection (2)(

b) is required to

be completed, distributed and retained in the same manner as,

(

a) if the documentation was issued as a result of an inspection, a

livestock permit, or

(

b) if clause (

a) does not apply, a livestock manifest.

(6) A person required to provide a copy of the documentation referred

to in subsection (2)(

b) shall ensure that there are sufficient copies

available.

(7) A person required to complete the documentation referred to in

subsection (2)(

b) shall make whatever modifications or attachments

are necessary to include the information that would be included in a

livestock manifest or livestock permit, whichever applies.

Security

6 The requirement under

section 53 of the Act to provide security

does not apply to a livestock dealer if the livestock dealer and the

livestock dealer's agents do not deal in livestock or livestock products

as referred to in

section 48(1)(a).

Inspection fee

7 The requirement under

section 27 of the Act to pay an inspection

fee does not apply if the livestock is inspected as a result of a vehicle

search under

section 40 of the Act.

Part 2

Registration of Livestock Brands and

Honorary Brands

Application

8(1) The application form to register a brand or honorary brand is set

out in

Schedule 1.

(2) An application to change or correct a brand or honorary brand

registration, including a change to reflect a surrender or transfer of the

brand or honorary brand, must be made in the form and manner

required by the Minister.

Registry

9 The following information must be entered and maintained in the

registry:

(

a) the name of the brand or honorary brand owner;

(

b) the name of the municipality in which the brand or honorary

brand owner resides;

(

c) a description of the brand or honorary brand;

(

d) the location of the brand or honorary brand on the livestock;

(

e) the type of livestock for which the brand or honorary brand is

registered;

(

f) in the case of an honorary brand, the purpose of the honorary

brand.

Part 3

Transporting or Driving Livestock

Division 1

Inspections

Inspection required

10(1) Livestock must be inspected

(

a) subject to sections 12 and 13, if the livestock enters an

inspection site,

(

b) before the livestock is offered for sale or sold at a livestock

market if the livestock has remained in the livestock market

for more than 48 hours since the livestock was last inspected

at the livestock market,

(

c) subject to

section 14, to issue a permit,

(

d) if an inspector believes the livestock may have improperly

entered an abattoir or a feedlot without inspection under

section 12, or

(

e) if an inspector believes the livestock may be stolen.

(2) Livestock present at a country sale site before and during the

country sale must be considered to have entered the country sale site.

Notice of inspection

11(1) The operator of an inspection site shall notify an inspector of

the entry of livestock into an inspection site,

(

a) in the case of a feedlot, within 24 hours of the livestock

entering the feedlot,

(

b) in the case of a livestock assembling station, livestock market

or an abattoir, 2 business days before the proposed entry of

the livestock into the inspection site, or

(

c) in the case of a country sale site, 5 business days before the

first day of the country sale.

(2) A person requesting a permit, excluding a livestock permit

required to transport or drive livestock from an inspection site, or a

voluntary inspection shall notify an inspector 2 business days before

the permit or inspection is needed.

(3) A person requesting a livestock permit to transport or drive

livestock from an inspection site shall notify an inspector,

(

a) if the livestock has been inspected at the inspection site

within the previous 48 hours, as required by the inspector in

the circumstances, or

(

b) if clause (

a) does not apply, 24 hours before the livestock

permit is needed.

(4) An inspector may consent to a different length of notice subject to

(5) The notice must be given in the form and manner required by the

Minister.

Exception - abattoir, feedlot

Section 10(1)(

a) does not apply to livestock entering an abattoir or

a feedlot

(

a) if the livestock is transported or driven under a livestock

permit directly to the abattoir or feedlot from the location in

Alberta where the livestock permit was issued, or

(

b) in the case of livestock that is transported or driven into

Alberta from out of province, if the livestock is transported

or driven directly to the abattoir or feedlot

(

i) from a location

(

A) where the livestock was inspected, and

(

B) in a jurisdiction approved by the Minister,

and

(ii) the livestock is transported or driven under the

documentation

(

A) required in that jurisdiction to transport or drive

the livestock to the abattoir or feedlot, and

(

B) that is issued as a result of the inspection.

Waiver - entering inspection site

13(1) An inspector may waive an inspection of livestock required on

entering an inspection site if

(

a) the livestock enters the inspection site for the purpose of rest,

(

b) the inspection site is a country sale site, or

(

c) the inspection site is a feedlot and

(

i) the livestock is transported or driven directly to the

feedlot from an out of province location in a jurisdiction

that has not been approved by the Minister,

(ii) the livestock is transported or driven directly to the

feedlot from another feedlot in Alberta where the

livestock

(

A) was inspected on entry, or

(

B) entered without inspection under

section 12,

(iii) the livestock is re-entering the feedlot from grazing.

(2) An inspector may revoke a waiver given under this

section before

the livestock is transported or driven from the inspection site.

Waiver - issuing permit

14(1) An inspector may waive an inspection of livestock required to

issue

(

a) a livestock permit if

(

i) the livestock permit is required to transport or drive

livestock from an inspection site, and

(ii) the inspection site is not an abattoir,

(

b) a special permit if a special permit was issued for the

livestock in the previous calendar year.

(2) An inspector may revoke a waiver given under this

section before

the permit is issued.

Duty to provide inspection facilities

15(1) For greater certainty, the facilities that shall be provided by an

owner or operator of a place where an inspection is carried out under

section 25 of the Act may include office space, buildings, alleys, pens,

chutes and gates.

(2) An owner or operator of a place where an inspection is carried out

in a building or where sunlight is inadequate shall provide artificial

light.

(3) The facilities provided for carrying out inspections must be

adequate and appropriate for the purpose of performing the inspection

to be carried out.

(4) On request, an owner or operator of an inspection site, excluding a

country sale site, shall lease office space satisfactory to the Minister at

a rate acceptable to the Minister.

Division 2

Permits

Livestock permit required

16 A livestock permit is required to transport or drive livestock from

(

a) an originating point in Alberta to a destination outside of

Alberta, or

(

b) an inspection site to a destination in Alberta.

Livestock permit exemption

17(1)

Section 16(

a) does not apply if the livestock is transported or

driven

(

a) under a special permit,

(

b) directly to a delivery destination

(

i) that is owned or leased by the owner of the livestock,

(ii) that is contiguous to or near the Alberta border, and

(iii) that is approved by the Minister as part of the owner's

operation in Alberta,

(

c) directly to a delivery destination

(

i) that is approved by the Minister, and

(ii) where the livestock will be inspected by that

jurisdiction.

(2) Section 16(

b) does not apply if the livestock is transported or

driven from

(

a) a feedlot,

(

b) a country sale site if the livestock was not inspected while at

the country sale site, or

(

c) an inspection site if the livestock entered and remained at the

inspection site for the purpose of rest.

Application

18 A person who requests a permit shall

(

a) make the request in the form and manner required by the

Minister, and

(

b) notify an inspector in accordance with

section 11.

Issuing

19(1) An inspector may issue a permit if

(

a) a person requests the permit in accordance with

section 18,

(

b) subject to

section 14, the inspector inspects the livestock, and

(

c) the inspector is satisfied that the person in possession of the

livestock is

(

i) the owner of the livestock or the owner's agent, or

(ii) otherwise lawfully entitled to be in possession of the

livestock.

(2) Subsection (1)(c)(ii) does not apply to a special permit.

(3) The permit shall

(

a) be issued in the form and manner required by the Minister,

and

(

b) include a unique numerical code assigned by the Minister.

Types of permits

20(1) An inspector may issue

(

a) a livestock permit with respect to livestock,

(

b) a horse permit or a lifetime horse permit with respect to a

horse,

(

c) a pedigree cattle permit with respect to pedigree cattle, or

(

d) a rodeo and exhibition permit with respect to rodeo or

exhibition livestock.

(2) A lifetime horse permit may only be issued with respect to one

horse per lifetime horse permit.

Completion, distribution, handling

21(1) If a livestock permit is required by the Act, the livestock permit

must be completed, distributed, retained and handled in accordance

with this section.

(2) The person who is issued the livestock permit shall

(

a) give 2 copies to the person transporting or driving the

livestock,

(

b) retain one copy, and

(

c) if required under

section 30 or 31(2), complete or amend Part

(3) The person transporting or driving the livestock shall

(

a) if required under

section 30 or 31(2), complete or amend Part

(

b) ensure that at least one copy accompanies the livestock to the

livestock's destination,

(

c) complete Part E,

(

d) provide one copy to the person receiving the livestock, and

(

e) retain one copy.

(4) The person receiving the livestock shall

(

a) complete Part F, and

(

b) retain one copy.

(5) A person required to retain a livestock permit under this

section

shall

(

a) retain a copy for a period of 10 years, and

(

b) provide a copy to the Minister upon request.

22(1) A person who transports or drives livestock under a permit shall

(2) A livestock permit is subject to the following terms and

conditions:

(

a) the livestock shall remain in the possession and control of the

person to whom the livestock permit is issued or that

person's agent;

(

b) the livestock shall be transported or driven together to the

livestock's destination;

(

c) any other terms or conditions the Minister considers

appropriate.

(

a) the permit shall not be used to transport or drive livestock for

sale or slaughter;

(

b) any other terms or conditions the Minister considers

appropriate.

Expiry

23 A permit expires on the earliest of the following:

(

a) in the case of a livestock permit,

(i) 7 days from the date of issue,

(ii) when the livestock is delivered to the livestock's

destination, or

(iii) when an inspection is required under

section 10;

(

b) in the case of a special permit,

(

i) when there is a change of ownership in the livestock, or

(ii) except in the case of a lifetime horse permit, on

December 31 of the year in which the permit is issued.

Cancellation

24(1) An inspector shall cancel a permit if the inspector is satisfied

that the permit was improperly issued.

(2) An inspector may cancel a permit if

(

a) the inspector is satisfied that a term or condition of the permit

has been breached,

(

b) section 20 of the Act or

section 28 of this Regulation has not

been complied with, or

(

c) in the case of a livestock permit,

section 21, 30 or 31 has not

been complied with.

(3) If a permit is cancelled, the inspector

(

a) shall advise the permit holder of its cancellation, and

(

b) may require the return of the permit.

(4) Nothing in this

section affects the rights of a person who has acted

in good faith and in reliance on the permit.

Division 3

Livestock Manifests

Completion, distribution, handling

25(1) If a livestock manifest is required by the Act, the livestock

manifest set out in

Schedule 2 must

(

a) be completed, distributed, retained and handled in

accordance with this section, and

(

b) include a unique numerical code assigned by the Minister.

(2) The owner of the livestock or the owner's agent shall

(

a) subject to

section 26, complete Parts A, B and C,

(

b) provide the original plus 3 copies to the person transporting

or driving the livestock,

(

c) retain one copy, and

(

d) if required under

section 32(2), amend Part B.

(3) The person transporting or driving the livestock shall

(

a) ensure that the original plus 3 copies accompany the

livestock to the livestock's destination,

(

b) complete Part E,

(

c) if required under

section 32(2), amend Part B,

(

d) provide the original plus 2 copies to the person receiving the

livestock or that person's agent, and

(

e) retain one copy.

(4) The person receiving the livestock shall

(

a) complete Part G,

(

b) if an inspection is not required upon delivery of the livestock,

retain the original plus one copy, and

(

c) if an inspection is required upon delivery of the livestock,

(

i) provide the original plus 2 copies to an inspector, and

(ii) retain the copy returned to the person by the inspector.

(5) If an inspection is required upon delivery of the livestock, the

inspector shall

(

a) complete Part D,

(

b) return one copy to the person who received the livestock, and

(

c) retain the original and one copy.

(6) A person required to retain a livestock manifest under this

section

shall

(

a) retain a copy for a period of 10 years, and

(

b) provide a copy to the Minister upon request.

(7) In this section, "owner" includes a feeder.

Signing restrictions

26(1) If the livestock is being transported or driven for sale and the

livestock manifest does not direct payment solely to the owner of the

livestock, only the owner may complete

Part C.

(2) Despite subsection (1), a livestock dealer or livestock dealer's

agent acting on behalf of the owner or the livestock dealer's agent may

complete

Part C if the livestock manifest directs payment to the

livestock dealer.

Use as livestock security interest declaration

27 The owner of the livestock may complete Part F of the livestock

manifest for the purpose of providing a livestock security interest

declaration with respect to the livestock being transported or driven

under the livestock manifest.

Division 4

Transportation

Transporting or driving livestock - one owner

28 If livestock of one owner is transported or driven together under

more than one document, the person transporting or driving the

livestock shall ensure that the livestock is distinctively identified so

that the livestock transported or driven under each document can be

readily distinguished.

Delivery destination

29(1) A person who transports or drives livestock under a livestock

manifest or livestock permit shall deliver the livestock to the person,

including that person's agent, and destination indicated in the

document.

(2) The person or destination may be added or amended in accordance

with sections 30 to 32.

Adding person or destination - livestock permit

30 If an inspector issues a livestock permit without indicating the

person or destination for the delivery of the livestock in Part B,

(

a) the person who was issued the livestock permit shall provide

the information required to complete Part B

(

i) to the person transporting or driving the livestock as

soon as reasonably possible after the livestock permit is

issued, and

(ii) to the Minister no later than 2 business days from the

day the livestock permit is issued,

and

(

b) the person transporting or driving the livestock and the

person who was issued the livestock permit shall include the

information in Part B on all the copies of the livestock permit

in their possession

(

i) as soon as the information is known, and

(ii) before the livestock is transported or driven.

Amending person or destination - livestock permit

31(1) A person who is issued a livestock permit may change the

person or destination for the delivery of the livestock under a livestock

permit.

(2) If the person who was issued the livestock permit changes the

person or destination for the delivery of the livestock,

(

a) the person transporting or driving the livestock and the

person who was issued the livestock permit shall amend this

information in Part B on all copies of the livestock permit in

their possession as soon as the information is known, and

(

b) the person who was issued the livestock permit shall provide

the Minister with the updated information within 2 business

days of the amendment.

Amending person or destination - livestock manifest

32(1) The owner of livestock or the owner's agent may change the

person or destination for the delivery of the livestock under a livestock

manifest.

(2) If the owner of the livestock or the owner's agent changes the

person or destination for the delivery of the livestock, the person

transporting or driving the livestock and the owner of the livestock or

the owner's agent shall amend this information in Part B on all copies

of the livestock manifest in their possession as soon as the information

is known.

Part 4

Sale of Livestock

Division 1

Sale Documents and Requirements

Bill of sale, invoice, settlement statement

33(1) For the purpose of

section 14 of the Act, the documentation for

a sale of livestock shall identify

(

a) the date of the sale transaction,

(

b) the names and addresses of the owner of the livestock and the

purchaser,

(

c) a description of the livestock that includes the kind, colour

and number of head of livestock sold,

(

d) a description and the location of any brands on the livestock,

(

e) if the livestock is sold by weight, the weight of the livestock

sold,

(

f) the purchase price, the deductions from the purchase price

and the sale proceeds, and

(

g) any other information required by the Minister.

(2) For the purpose of

section 14 of the Act, a settlement statement

shall also identify

(

a) the name and address of the person issuing the settlement

statement,

(

b) any unique codes on the documentation under which the

livestock is transported or driven, and

(

c) if the livestock was transported or driven into Alberta for the

sale, the jurisdiction from where the livestock originated.

(3) Despite subsection (1)(b), if a livestock dealer or livestock dealer's

agent issues a settlement statement, the settlement statement may

solely identify

(

a) the owner, on the purchaser's copy, and

(

b) the purchaser, on the owner's copy

by a unique code assigned by the livestock dealer or livestock dealer's

agent.

Livestock security interest declaration

34(1) An owner of livestock shall provide a declaration required

under

section 15 of the Act before or at the time the livestock is

supplied or offered for sale.

(2) The declaration must also

(

a) be dated,

(

b) be signed by the owner of the livestock, and

(

c) identify the address of each holder of a livestock security

interest in the livestock or the dam of the livestock.

(3) For the purposes of

section 15 of the Act and this section, "owner"

includes a feeder.

Disclosure of status by owner or dealer

35 A person who sells livestock or deals in livestock shall make a

disclosure under

section 14.1 of the Act

(

a) in writing,

(

b) to a person from whom the sale proceeds will be received,

and

(

c) before or at the time the livestock is supplied or offered for

sale.

Document retention

36 A person who makes or receives a document referred to in

section

33 or 34 shall

(

a) retain a copy of that document for a period of 10 years, and

(

b) provide a copy to the Minister upon request.

Division 2

Levies

Payment of levy

37(1) A participant shall pay the levy to the Tribunal within the time

and in the manner required by the Tribunal.

(2) Subsection (1) does not apply if the levy was deducted from the

sale proceeds under

section 63.

(3) The Tribunal shall deposit the levy of a participant who sells or

supplies assured livestock to a livestock dealer into the Livestock

Assurance Fund.

(4) The Tribunal shall deposit the levy of a participant who is a

livestock dealer and who sells assured livestock to an unlicensed

person into the Livestock Dealers' Assurance Fund.

Waiver of eligibility

38(1) A participant may

(

a) waive the ability to claim against an assurance fund, and

(

b) revoke the waiver given under clause (a).

(2) The waiver or revocation of waiver

(

a) must be made to the Tribunal in writing and in the form and

manner required by the Tribunal, and

(

b) is effective as of January 1 of the year following the year in

which the waiver or revocation of the waiver is made.

(3) The participant is ineligible to claim against an assurance fund

while the waiver is in effect.

Refund of levy

39(1) A participant may apply to the Tribunal for a refund of levies

paid by the participant while the participant is ineligible to claim

against the assurance fund under

section 38.

(2) The application must be made to the Tribunal in the form and

manner required by the Tribunal.

(3) The Tribunal shall refund a levy from an assurance fund if

(

a) the participant applies in accordance with subsection (1),

(

b) for refunds of less than $5000, the chair of the Tribunal has

determined that the refund is payable,

(

c) for refunds of $5000 or more, the Tribunal has determined

that the refund is payable, and

(

d) the request for the refund was received by the Tribunal no

later than March 31 of the year following the year in which

the levy was paid.

(4) An eligible refund must be paid within 90 days of the application.

Division 3

Recovery for Non-payment

Livestock Assurance Fund claims

40(1) The Tribunal shall treat a notification under

section 58 of the

Act or a successful appeal under

section 59 of the Act as a claim

against the Livestock Assurance Fund.

(2) If an appeal under

section 59 of the Act may affect the amount a

participant may receive from the Livestock Assurance Fund, the

Tribunal may

(

a) delay determining the participant's claim, and

(

b) provide an interim payment to the participant from the

Livestock Assurance Fund.

(3) The Tribunal may at any time require a participant to provide

documentation or any other information as required by the Tribunal in

support of the claim.

(4) A participant who makes a claim under subsection (1) must meet

the conditions and eligibility requirements set out in sections 45 and 47

in order to be entitled to receive a payment from the Livestock

Assurance Fund.

(5) On determining the claim, the Tribunal shall serve the participant

with a copy of the Tribunal's decision, with reasons.

Livestock Dealers' Assurance Fund claims

41(1) For the purposes of this section, a default occurs in respect of a

sale of assured livestock to an unlicensed person when

(

a) the unlicensed person fails to pay the livestock dealer the sale

proceeds in respect of the assured livestock as required by the

Act, unless the main reason for the failure to pay is a contract

dispute between the unlicensed person and the livestock

dealer respecting the sale of the assured livestock or the

obligation to pay for the assured livestock, or

(

b) the unlicensed person fails to pay the livestock dealer the sale

proceeds in respect of the assured livestock as required by the

Act, the livestock dealer obtains a judgment against the

unlicensed person based on the unlicensed person's failure to

pay and the judgment is unsatisfied for 20 or more days after

the judgment becomes final.

(2) If a livestock dealer wishes to claim against the Livestock Dealers'

Assurance Fund because an unlicensed person has committed a default

in a sale of assured livestock to the unlicensed person, the livestock

dealer shall

(

a) notify the Tribunal of the non-payment as soon as is

reasonably possible after the livestock dealer knows or ought

to know of the non-payment, and

(

b) provide documentation or any other information as required

by the Tribunal in support of the claim.

(3) If the Tribunal receives a notice under subsection (2), the Tribunal

may by notice in writing require the unlicensed person identified in the

notice to provide the Tribunal with any information specified by the

Tribunal relating to the sale transaction.

(4) An unlicensed person who receives a notice under subsection

(3) shall comply with it.

(5) If the Tribunal is satisfied that an unlicensed person has committed

a default with respect to a sale transaction, the Tribunal shall publish a

notice requiring any livestock dealer who has a claim against the

unlicensed person arising from a default in respect of a sale of assured

livestock to that unlicensed person to make a claim to the Tribunal by

the date specified in the notice.

(6) The Tribunal may

(

a) publish the notice referred to in subsection (5) in any form

and manner that the Tribunal considers appropriate, and

(

b) take any other steps that the Tribunal considers appropriate to

bring the default of the unlicensed person to the attention of

livestock dealers who may sell assured livestock to the

unlicensed person.

(7) A claim against the Livestock Dealers' Assurance Fund must be

verified by statutory declaration or any other manner specified by the

Tribunal and must

(

a) contain a statement as to the particulars of the default,

(

b) contain or refer to a statement of account showing particulars

of the amount owing with respect to the default, and

(

c) specify the documentation, if any, by which the default and

amount owing can be verified.

(8) The Tribunal may at any time require a claimant to provide

documentation or any other information as required by the Tribunal in

support of the claim.

(9) A livestock dealer who makes a claim under subsection (2) must

meet the conditions and eligibility requirements set out in sections 46

and 47 in order to be entitled to receive a payment from the Livestock

Dealers' Assurance Fund.

(10) On determining the claim, the Tribunal shall serve the claimant

with a copy of the Tribunal's decision, with reasons.

42 The Tribunal may impose terms or conditions that the Tribunal

considers appropriate on a payment made from an assurance fund.

Maximum recovery

43(1) The maximum recovery from an assurance fund, including any

amount recovered from a livestock dealer's security, is the lesser of

(a) 80% of the non-payment, and

(b) 80% of the value of the assured livestock.

(2) If a participant makes a claim for a non-payment that occurs in the

first calendar year after revoking a waiver of the right to claim against

the assurance fund, the maximum recovery is

(

a) in the case of a non-payment in the first quarter, 25%,

(

b) in the case of a non-payment in the 2nd or 3rd quarter, 50%,

(

c) in the case of a non-payment in the 4th quarter, 75%

of the amount the claimant would otherwise receive.

(3) If there are insufficient funds to pay all outstanding successful

claims against an assurance fund, each successful claimant shall

receive a prorata share of the amount the claimant would otherwise

receive from the remainder of the fund after the following are paid:

(

a) first, all the fund's operating expenses;

(

b) second, all outstanding levy refunds.

Eligibility - security

44 To be eligible to claim against security, a person must, in the

opinion of the Minister, or, in the event of an appeal, in the opinion of

the Tribunal,

(

a) have supplied or sold livestock

(

i) if the person was not a livestock dealer, that was present

in Alberta as defined in

section 1(7) for 30 consecutive

days immediately prior to the supply or sale, and

(ii) to a livestock dealer who

(

A) committed a default within the meaning of

section

56 of the Act, and

(

B) was not an associated person of the person making

the claim,

(

b) have notified the Minister as required by

section 55 of the

Act and

section 3(3) of this Regulation,

(

c) have submitted the claim within the time specified in the

notice given under

section 56(2)(b)(iii) of the Act, and

(

d) meet the remaining eligibility requirements set out in

section

Eligibility - Livestock Assurance Fund

45 To be eligible to claim against the Livestock Assurance Fund, a

participant must, in the opinion of the Tribunal,

(

a) have supplied or sold assured livestock to a livestock dealer

who committed a default within the meaning of

section 56 of

the Act,

(

b) have notified the Minister as required by

section 55 of the

Act,

(

c) have submitted the claim within the time specified in the

notice given under

section 56(2)(b)(iii) of the Act,

(

d) have paid the levy with respect to the assured livestock,

(

e) not be ineligible to claim from the fund under

section 38, and

(

f) meet the remaining eligibility requirements set out in

section

Eligibility - Livestock Dealers' Assurance Fund

46 To be eligible to claim against the Livestock Dealers' Assurance

Fund, a participant must, in the opinion of the Tribunal,

(

a) be a livestock dealer and have sold assured livestock to an

unlicensed person who committed a default within the

meaning of

section 41(1),

(

b) have notified the Tribunal as required by

section 41(2),

(

c) have submitted the claim within the time specified in the

notice given under

section 41(5),

(

d) have paid the levy with respect to the assured livestock,

(

e) not be ineligible to claim from the fund under

section 38, and

(

f) meet the remaining eligibility requirements set out in

section

Eligibility - security or assurance funds

47 Subject to sections 44 to 46, to be eligible to claim against

security or an assurance fund, a person must

(

a) not have colluded with the purchaser of the livestock or the

purchaser's agent to make a claim against the livestock

dealer's security or an assurance fund,

(

b) have complied with an inspection requirement of

(

i) the Act, and

(ii) if the livestock was supplied in Dawson Creek, British

Columbia or Lloydminster, Saskatchewan to a livestock

market approved by the Minister, the laws of that

jurisdiction,

(

c) have delivered the livestock,

(

d) if the person did not own the livestock, have paid the sale

proceeds to the person who supplied the livestock,

(

e) not have agreed expressly or implicitly to accept payment of

the sale proceeds contrary to the requirements of

section 16

of the Act, if applicable, and

(

f) have deposited or cashed sale proceeds received by way of

cheque within a reasonable time.

Part 5

Livestock Dealers and Livestock

Dealer's Agents

Dealing in livestock or livestock products

48(1) A person deals in livestock or livestock products if the person

(

a) as an agent or on the person's own behalf, purchases or sells

livestock or livestock products, including an ownership

interest in livestock or livestock products, or

(

b) provides information about livestock or livestock products

that are for sale to assist in the purchase or sale of the

livestock or livestock products.

(2) Despite subsection (1), a person is not dealing in livestock or

livestock products if

(

a) the person is

(

i) dealing in livestock or livestock products for the

purpose of administering the estate of a deceased

livestock dealer,

(ii) the personal representative of the estate or, if there is no

personal representative, approved by the Minister, and

(iii) dealing within 90 days of the deceased's death,

(

b) the person purchases and sells livestock in accordance with

section 47(3) of the Act,

(

c) the person sells livestock the person has owned and

maintained since the livestock's birth,

(

d) the person is a feeder,

(

e) the person is

(

i) named as an authorized representative in the licence of a

livestock dealer or livestock dealer's agent who is a

corporation or partnership, and

(ii) acting in the course of the person's duties as an

authorized representative,

(

f) the person is an agricultural society under the Agricultural

Societies Act or a similar organization recognized by the

Minister, or

(

g) the person is an incorporated not-for-profit livestock pedigree

association or is an Alberta 4-H club that sells livestock as an

agent if

(

i) the sale of livestock is held as an incidental service to

association or club members,

(ii) in the case of a pedigree association, the livestock is

pedigree livestock, and

(iii) at least one association or club member participates in

the livestock sale as a purchaser or a seller.

Division 1

Licensing

Application

49(1) An application to issue, renew, reinstate or replace a licence

must be

(

a) made in the form and manner required by the Minister, and

(

b) accompanied by the fee set out in

section 81.

(2) An application to issue, renew or reinstate a livestock dealer's

licence must be accompanied with a declaration in the form and

manner required by the Minister for the purpose of

section 56.

(3) The Minister may refuse to accept an application if the applicant

has unsuccessfully submitted an application in the previous 12 months.

Grounds of refusal, suspension, cancellation

50(1) The Minister may refuse a licence application or suspend or

cancel a licence if, in the Minister's opinion, the applicant or licence

holder

(

a) contravened the Act, this Regulation or the following Acts

and the regulations made under those Acts:

(

i) Brand Act;

(ii) Livestock Identification and Brand Inspection Act;

(iii) Livestock and Livestock Products Act;

(iv) Livestock Diseases Act;

(

v) Animal Protection Act;

(vi) Health of Animals Act (Canada),

(

b) is an associated person of a person who could be refused a

licence under clause (a),

(

c) held a licence to deal in livestock or livestock products, in

any jurisdiction, that was suspended or cancelled,

(

d) had a livestock dealer's agent whose licence was suspended

or cancelled while licensed under the applicant or licence

holder,

(

e) contravened a term or condition of a licence issued under this

Regulation,

(

f) provided false, misleading or incomplete information with

respect to a licence application,

(

g) failed to pay a fee, levy, assessment or penalty under the Act

or this Regulation when due,

(

h) is unlikely to comply or to be able to comply with the Act

and this Regulation,

(

i) is incorporated and a director, officer or authorized

representative of the applicant or licence holder could be

refused a licence under clauses (

a) to (h),

(

j) is a partnership and a partner or authorized representative of

the applicant or licence holder could be refused a licence

under clauses (

a) to (h), or

(

k) in the case of a replacement licence, fails to satisfy the

Minister that the original was lost or destroyed.

(2) The Minister may refuse, suspend or cancel a licence if, in the

Minister's opinion, to do so is in the public interest.

Automatic refusal, suspension, cancellation

51(1) The Minister shall

(

a) cancel a licence if the licence was improperly issued,

(

b) cancel a livestock dealer's agent's licence on the receipt of

notice in accordance with

section 61, and

(

c) suspend or cancel a livestock dealer's agent's licence if the

related livestock dealer's licence is suspended or cancelled.

(2) The Minister shall refuse a licence application or suspend or

cancel a licence if the livestock dealer fails to provide security as

determined by the Minister in accordance with

section 56.

(3) Unless the Tribunal waives the application of this section, the

Minister shall refuse a licence application or suspend or cancel a

licence if

(

a) the applicant or licence holder is or may be subject to a claim

by the Tribunal under

section 73 of the Act for an amount

paid from the assurance fund, or

(

b) the applicant or licence holder is

(

i) an associated person of a person referred to in clause

(a), and

(ii) was directly involved in the transaction giving rise to

the payment from the assurance fund.

Automatic reinstatement

52 The Minister shall reinstate a livestock dealer's agent's licence if

(

a) the licence was suspended under

section 51(1)(c), and

(

b) the related livestock dealer's licence is reinstated.

Notice of refusal, suspension, cancellation

53(1) If a licence application is refused, the Minister shall provide

notice to the applicant in writing.

(2) If a licence is not renewed or is suspended, cancelled or reinstated,

the Minister shall

(

a) provide notice to the licence holder in writing, and

(

b) publish a notice advising of the non-renewal, suspension,

cancellation or reinstatement of the licence.

(3) The Minister may publish the notice referred to in subsection

(2)(

b) in any form and manner that the Minister considers appropriate.

54(1) A livestock dealer or a livestock dealer's agent shall comply

dealer's agent's licence.

(

a) the licence holder must complete the educational

requirements, if any, as required by the Minister;

(

b) the licence must, immediately on request, be returned to the

Minister;

(

c) the licence must be displayed in a conspicuous place in the

licence holder's business premises;

(

d) any other terms or conditions the Minister specifies when the

licence is issued, renewed or reinstated.

Expiry

55 A licence expires on the earlier of

(

a) December 31 of the year for which the licence is issued,

(

b) the cancellation of the licence by the Minister, and

(

c) in the case of a livestock dealer's agent's licence, on the

death of the livestock dealer under whom the livestock

dealer's agent is licensed.

Determination of security

56(1) The Minister shall, on an application to issue, renew or reinstate

a livestock dealer's licence, determine the amount and form of security

a livestock dealer is required to provide under

section 53 of the Act.

(2) A livestock dealer shall, on request, provide financial statements in

the form and manner required by the Minister.

(3) If a livestock dealer does not operate an abattoir, the amount of

security a livestock dealer is required to provide is, based on the annual

volume of livestock supplied or sold to the livestock dealer as assessed

by the Minister, as follows:

12 000 head or less $40 000

12 001 to 25 000 head 50 000

25 001 to 35 000 head 60 000

35 001 to 45 000 head 70 000

45 001 to 55 000 head 80 000

55 001 to 65 000 head 90 000

65 001 to 75 000 head 100 000

75 001 to 85 000 head 110 000

85 001 to 95 000 head 120 000

95 001 to 110 000 head 150 000

110 001 to 135 000 head 175 000

135 001 to 175 000 head 200 000

more than 175 000 head 400 000

(4) If a livestock dealer operates an abattoir, the amount of security a

livestock dealer is required to provide is, based on the annual volume

of livestock purchased by the livestock dealer as assessed by the

Minister, as follows:

1000 head or less $10 000

1001 to 3000 head 20 000

3001 to 20 000 head 50 000

20 001 to 35 000 head 100 000

35 001 to 75 000 head 200 000

more than 75 000 head 500 000

(5) For the purpose of subsections (3) and (4), sheep and swine must

be counted as follows:

(a) 10 sheep = 1 head of livestock;

(b) 8 swine = 1 head of livestock.

(6) The Minister may consider the extent of the livestock dealer's

previous dealings and intended dealings in livestock or livestock

products to assess the annual volume of livestock supplied, sold or

purchased for the purpose of subsection (3) or (4).

(7) The Minister may accept as security a bond, a letter of credit, a

deposit secured to the Minister or another form of security approved by

the Minister.

Division 2

Obligations and Duties

Relations with Public

Good faith

57 A livestock dealer or a livestock dealer's agent shall conduct all

dealings in livestock or livestock products

(

a) honestly and in good faith, and

(

b) if acting as a person's agent, in that person's best interests.

Representations

58 A livestock dealer or livestock dealer's agent shall not

(

a) misrepresent the goods or services offered by the livestock

dealer or livestock dealer's agent, or

(

b) mislead or attempt to mislead anyone with respect to a

dealing in livestock or livestock products

nor permit or require a person acting on the livestock dealer's or

livestock dealer's agent's behalf to do so.

Accounting for dealings

59 A livestock dealer shall account to a person for whom the

livestock dealer or livestock dealer's agent acts or from whom the

livestock dealer or livestock dealer's agent purchases livestock or

livestock products with respect to a dealing in livestock or livestock

products.

Relations Between Livestock Dealers

and Livestock Dealer's Agents

Permitted agents

60(1) Subject to subsection (3), a livestock dealer shall not permit a

person to deal in livestock or livestock products on the livestock

dealer's behalf unless the person is licensed under the livestock

dealer's licence as a livestock dealer's agent.

(2) Subject to subsection (3), a livestock dealer's agent shall not

permit a person to deal in livestock or livestock products on the

livestock dealer's agent's behalf.

(3) A livestock dealer or livestock dealer's agent who is a corporation

or a partnership may permit a person who is named as authorized

representative under the livestock dealer's or livestock dealer's agent's

licence to deal in livestock or livestock products on the livestock

dealer's or livestock dealer's agent's behalf.

Termination of Agency

61 If a livestock dealer's agent ceases to represent a livestock dealer

or an authorized representative ceases to represent a livestock dealer or

livestock dealer's agent, the livestock dealer or livestock dealer's agent

shall notify the Minister

(

a) immediately by telephone, and

(

b) by facsimile or e-mail within one business day.

Consent for dual licensing

62 A livestock dealer's agent shall not agree to be licensed under

more than one livestock dealer without the prior written approval of

the livestock dealers.

Dealings and Transactions

Deduct and remit levy

63(1) A livestock dealer to whom assured livestock is supplied or sold

shall

(

a) deduct the levy from the sale proceeds, and

(

b) remit the levy to the Tribunal on behalf of the participant.

(2) If the livestock dealer fails to deduct or remit the levy to the

Tribunal, the livestock dealer is jointly and severally liable to the

Tribunal for the levy.

Dealing in livestock dealer's name

64(1) A livestock dealer's agent shall, before dealing in livestock or

livestock products, disclose to the person with whom the livestock

dealer's agent is dealing the name of the livestock dealer on whose

behalf the livestock dealer's agent is acting.

(2) A livestock dealer's agent shall deal in livestock or livestock

products in the name under which the livestock dealer for whom the

livestock dealer's agent is acting as an agent is licensed.

(3) A livestock dealer or livestock dealer's agent shall pay sale

proceeds in the name under which the livestock dealer is licensed.

Sale or supply prohibited

65 A livestock dealer or livestock dealer's agent shall not sell or

supply livestock or livestock products to a person dealing in livestock

or livestock products who the livestock dealer or livestock dealer's

agent knows or ought to know is not licensed.

Record keeping and retention

66(1) A livestock dealer shall make and retain detailed records in the

form and manner required by the Minister with respect to the dealing

in livestock or livestock products by the livestock dealer or livestock

dealer's agent.

(2) The records shall include

(

a) copies of all documents related to the dealings that come into

the livestock dealer's or livestock dealer's agent's

possession, and

(

b) financial and trust account records.

(3) The records must be retained for 10 years and must be provided to

the Minister upon request.

Trust accounts

67(1) A livestock dealer required to maintain a trust account under

section 17(2) of the Act shall operate the trust account in the form and

manner required by the Minister.

(2) A withdrawal from a trust account must be made by a cheque or

bank transfer that is identified as a withdrawal from a trust account.

(3) A livestock dealer shall deposit trust money within one business

day of receipt of the trust money.

(4) If a person requests that trust money held on that person's behalf

be provided to the person, the balance of the trust money shall be

provided within 2 business days of the request.

Livestock weight

68 A livestock dealer or a livestock dealer's agent who purchases or

sells livestock by weight shall

(

a) weigh the livestock on a weigh scale approved under the

Weights and Measures Act (Canada) at the time of sale,

(

b) if the livestock dealer or livestock dealer's agent is not the

owner of the livestock, provide the owner with a copy of the

official scale ticket, and

(

c) use the weight from the official scale ticket in a bill of sale,

invoice or settlement statement.

Required sale transaction documentation

69 If one or more livestock dealers or livestock dealer's agents are

involved in a sale transaction, a livestock dealer or livestock dealer's

agent shall document the sale transaction in the form of a settlement

statement for the purpose of

section 14 of the Act.

Part 6

Miscellaneous

Division 1

Establishment and Operation of Tribunal

Tribunal

70(1) The Tribunal shall consist of one person appointed by each

association authorized under this section.

(2) Subject to

section 73, the following associations are authorized to

appoint a person to the Tribunal:

(

a) Alberta Auction Markets Association;

(

b) Alberta Beef Producers;

(

c) Alberta Cattle Feeders Association;

(

d) Feeder Associations of Alberta Ltd.;

(

e) Alberta Livestock Dealers and Order Buyers Association;

(

f) Western Stock Growers Association;

(

g) any other association designated in accordance with

section

Designated associations

71(1) The Tribunal may, by resolution, designate an association for

the purposes of

section 70(2)(g).

(2) The resolution is not effective unless approved by the Minister.

Requirement to appoint

72(1) For the purpose of

section 70, an association that is authorized

to appoint a person to the Tribunal shall appoint 2 persons, one of

which will act in the event the other is unwilling or unavailable to act.

(2) An appointment is not effective unless approved by the Minister.

Revocation and reinstatement of authorization

73(1) The Tribunal may, by unanimous resolution, revoke the

authorization of an association to appoint a person to the Tribunal if,

without a satisfactory explanation,

(

a) the association fails to appoint 2 persons in accordance with

section 72, or

(

b) both persons appointed by the association fail to attend a

meeting of the Tribunal.

(2) For the purposes of a resolution under subsection (1), the Tribunal

does not include a member appointed by the association whose

authorization may be revoked.

(3) The Tribunal may, by unanimous resolution, reinstate the

authorization of an association to appoint a person to the Tribunal.

(4) A resolution under this

section is not effective unless approved by

the Minister.

Chair

74(1) The Tribunal shall elect a person appointed to the Tribunal as

chair.

(2) In the event of a tie, the chair has an additional vote.

Quorum

75(1) Subject to subsection (2), 2/3 of the Tribunal constitutes a

quorum.

(2) One hundred percent of the Tribunal constitutes a quorum for the

purpose of

(

a) assessing a claim,

(

b) hearing an appeal, or

(

c) authorizing or revoking or reinstating the authorization of an

association to appoint a person to the Tribunal.

Division 2

Fees

Registry fees

76 The following fees are prescribed for the purpose of sections 2, 5,

6 and 7 of the Act:

(

a) to register a brand or to change the registered

description or location of a brand $220;

(

b) to register an honorary brand or to change the

registered description or location of an

honorary brand $275;

(

c) to transfer ownership of a registered brand or

honorary brand $50;

(

d) to search the registry to obtain a certified copy

of an extract of the registry's records $25.

Inspection fees

77(1) The fee for an inspection, other than an inspection for a special

permit, is

(

a) per head of livestock, excluding horses, $1, and

(

b) per horse, $2.

(2) The fee for an inspection for a special permit is $10 per head of

livestock.

(3) The minimum inspection fee under subsection (1) or (2) is

(a) $20, or

(

b) in the case of an inspection for the purpose of a lifetime horse

permit, $30.

Inspection fee reduction - grazing

78 The inspection fee for an inspection of livestock may be reduced

by the Minister by 50% if

(

a) the full fee is received by the Minister in accordance with the

Act,

(

b) the inspection was for the purpose of issuing a livestock

permit,

(

c) the livestock permit is used to transport or drive livestock

outside of Alberta for the purpose of grazing at a location and

in a jurisdiction approved by the Minister,

(

d) Part B of the livestock permit

(

i) was completed by the inspector when the livestock

permit was issued, and

(ii) was not amended to change the person or destination for

delivery,

(

e) the livestock was not sold, and

(

f) in the same calendar year during which the livestock permit

is issued,

(

i) the livestock, as described in the livestock permit,

returns to Alberta after grazing,

(ii) the livestock is inspected in the approved jurisdiction

for the purpose of returning to Alberta and an inspection

fee was paid, and

(iii) the owner of the livestock or the owner's agent applies

to the Minister in the form and manner required by the

Minister for a fee reduction.

Special permit fee

79(1) The fee for a special permit issued without an inspection is $10

per head of livestock under the special permit.

(2) The minimum special permit fee under subsection (1) is $20.

Collection of inspection fees

80(1) An owner and operator of an inspection site shall pay the

inspection fees due for inspections carried out at the inspection site to

the Minister within 7 days of a request for payment by the Minister.

(2) An owner and operator of an inspection site may deduct a 5%

commission from all inspection fees paid to the Minister.

Licence fees

81 The following are the licence fees for the purpose of

section 49:

(

a) to issue or renew a livestock dealer's licence $100;

(

b) to issue or renew a livestock dealer's agent's

licence $50;

(

c) to reinstate a suspended livestock dealer's

licence $50;

(

d) to reinstate a suspended livestock dealer's

agent's licence $25.

Division 3

Information and Offences

Collection of third party information

82(1) For the purposes of the Freedom of Information and Protection

of Privacy Act, personal information is authorized to be collected from

a third party for the following purposes:

(

a) the registration of a brand or honorary brand;

(

b) issuing, renewing, reinstating, suspending or cancelling a

licence;

(

c) issuing, completing or cancelling a permit;

(

d) an inspection, including a notice of a proposed or required

inspection;

(

e) a claim against security or an assurance fund, including a

notice of a claim.

Offences

83(1) A person is guilty of an offence if the person

(

a) contravenes sections 5(5) and (6), 11, 21, 22, 25, 28, 30(

a) and (b)(ii), 31(2), 32(2), 36, 41(4), 54, 59, 60, 63 to 69 or 94,

(

b) fails to remit an inspection fee to an inspector or an owner or

operator of an inspection site,

(

c) fails to return a permit required under

section 24(3)(b),

(

d) not being the owner of the livestock completes a livestock

security interest declaration in respect of the livestock, or

(

e) fails to pay a levy as required by

section 69(2) of the Act.

(2) The offences in subsection (1) are in addition to the offences set

out in sections 11, 44 and 64 of the Act.

Division 4

Transition of Matters to Act

Interpretation

84(1) In this Division,

(a) "new enactment" means the Act and the regulations under

the Act;

(b) "previous enactment" means the following Acts and the

regulations under the following Acts:

(

i) Brand Act;

(ii) Livestock Identification and Brand Inspection Act;

(iii) Livestock and Livestock Products Act.

(2) The provisions in this Division respecting the transition of matters

from a previous enactment to the new enactment do not limit the

application of

section 35 or 36 of the

Interpretation Act except as

specifically set out in this Part.

Brand registry

85 The Minister shall enter in the registry all brands or honorary

brands that were registered under a previous enactment.

Licence

86 If a licence issued under a previous enactment has not expired or

been cancelled, that licence is deemed to be issued under the new

enactment.

Inspectors

87 A person appointed as an inspector under a previous enactment is

deemed to be designated as an inspector under the new enactment.

Withheld sale proceeds

88 A claim for the return of settlement funds withheld under a

previous enactment because ownership of the livestock could not be

determined is subject to the limitation period for making the claim set

out in the new enactment.

Livestock manifest

89 A livestock manifest in the form required under a previous

enactment is permitted as an alternative to the livestock manifest

required under the new enactment until March 31, 2009.

Livestock permit

90(1) A permit issued under a previous enactment that has not expired

is deemed to be issued under the new enactment.

(2) A requirement to obtain a permit under

section 16 does not take

effect until 30 days after the coming into force of this Regulation.

Rules

91 All Rules made by a delegated authority under a previous

enactment are deemed to have been made under the new enactment,

insofar as they are not inconsistent with the new enactment.

Assurance Funds

92 The levies collected under a previous enactment and the interest

on those levies shall be paid,

(

a) if the levies were collected with respect to the sale or supply

of assured livestock to a licensed person, into the Livestock

Assurance Fund, and

(

b) if the levies were collected with respect to the sale of assured

livestock to an unlicensed person, into the Livestock Dealers'

Assurance Fund.

Appeal to Court of Appeal

93 A decision of a Tribunal issued after the coming into force of the

new enactment is subject to the limitation period for an appeal to the

Court of Appeal in the new enactment notwithstanding the claim on

which the decision is based arose under a previous enactment.

Document retention

94 A person required to retain a document for 2 years under a

previous enactment is required to retain that document for 10 years and

to provide the document to the Minister upon request if, on the coming

into force of the new enactment, the document

(

a) is still required to be retained under a previous enactment, or

(

b) has not been previously disposed of.

Division 5

Other

Repeals

95 The following regulations are repealed:

(

a) Brand Regulation (AR 217/98);

(

b) Livestock Identification and Brand Inspection Fees

Regulation (AR 216/98);

(

c) Livestock Identification and Brand Inspection Regulation

(AR 195/98);

(

d) Application and Licence Form Regulation (AR 215/98);

(

e) Fees Regulation (AR 222/98);

(

f) Livestock Dealers and Livestock Dealers' Agents Regulation

(AR 66/98);

(

g) Livestock Patrons' Claims Review Tribunal Regulation (AR

257/97);

(

h) Livestock Transportation Regulation (AR 22/99);

(

i) Section 8 Livestock Designation Regulation (AR 198/98);

(

j) Stock Yard Regulation (AR 197/98);

(

k) Weighing of Beef Carcasses Regulation (AR 252/2002);

(

l) Ribbon Branding of Carcasses Regulation (AR 251/2002).

Expiry

96 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 June 30, 2014.

Coming into force

97 This Regulation comes into force on the coming into force of the

Livestock Identification and Commerce Act.

Schedule 1

Client No.

File No.

Livestock Identification and Commerce Act

BRAND AND HONORARY BRAND

APPLICATION FORM

APPLICATION FOR A ? BRAND or HONORARY BRAND

FOR ? CATTLE or HORSES

Part A - Status of Applicant - check the appropriate boxes

? Individual - If more than one individual, as

? Joint Owners or as ? Co-Owners

? Partnership ? Corporation

Part B - Applicant Name

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If an individual(s) (if more than 4 owners attach separate sheet of paper)

Applicant 1: (Last Name) (First Name) (Middle Name)

App