Bill 68 (Legislature 11, Session 1)

L11 S1 7190

Alberta — Bills

Bill No. 68 of 1949. A BILL TO AMEND THE LIVE STOCK DISEASES ACT. NOTE. This BiHamends The Live Stock Diseases Act being

chapter 10 of the Statutes 'Of Alberta, 1946. ' The purpos,e 'Of the amendments made in this Bill is to provide more adequate means for the eradication of bovine brucellosis, commonly known as Bang's disease.

Section 2, being the interpretatiDn section, is amended by the addition of

definitions defining "brucellosis" "cattle" " t' ttl " " . " reac lng ca e, restrIcted area", and "vaccinated cattle".

Section 3 of the Act, which is the

section enabling the Lieutenant Governor in Council tOo make regulations, is amended by giving the Lieutenant Governor in Council ad ditional powers relating tOo regulations for the prevention, control and eradication of brucellosis. Several new sections are added immediately following

section 3 'Of the Act relating to the contro.l and eradication of brucellDsis.

Section 3a prDvides for the establishment of a brucellosi~ restricted area fDr the eradication of brucellosis. Two thirds of the owners 'Of cattle in any municipal district or improvement distrkt may present a petition to. the lVIinister of Agriculture- requesting the establishment of a restricted area in that municipal district or improvement district. The petition must be signed by the reeve and secretary of the municipal district, or in the case of an improvement district, by the Minister Dr Deputy Minister 'Of Municipal Affairs. The Act sets out what informatiDn the petition must cOontain.

The Minister of Agriculture upon the receipt of a petition may recDmmend to the Lieutenant Go.vernor in Council the establishment 'Of a restricted area. The Order in COouncil establishing a restricted area is published in The Albe'rta Gazette and in a newspaper circulating in the restricted area.

Section 3b provides that the Agricultural Service Board in any municipal district or improvement district in which a restricted area is established shall administer this Act and the regulatio.ns in the restricted area. The council of the municpal district in which the restricted area is estab lished and the Minister 'Of Agriculture may each contribute to the funds required by the Agricultural Service Board in the administration of the restricted area.

Section 3c requires all cattle in a restricted area to be tested for brucellosis.

Section 3d sets out the powers of inspectors under the Act. Any inspector may enter premises in a restricted area where cattle infected with bruceHosis are kept for the purpose of making an inspection. The inspector may quarantine pre mises within a restricted area where infected cattle are kept and may prevent the removal of all hay, straw and other litter. The inspector is required to. quarantine infected cattle and to order the permanent marking of such cattle by a brand on the right jaw.

Section 3e deals with the permanent marking of infected cattle by means of brands.

Section 3f enables the Minister, upon the receipt of a report from an inspector or from an Agricultural Service Board administering a restricted area to the effect that bruc,ellosis exists on any premises, to .order the owner or occupier of the premises to. clean and disinfect them at his own expense.

The Agricultural Service Board administer ing the restricted area may be ordered to take the necessary actio.n and if so, it may recover its costs of cleaning and disinfecting the 'premises from the owner or occupier of them. 8ection 3g provides that quarantined cattle are at the risk of the owner and that an inspector quarantining cattle or other property shall immediately notify the owner in writing.

Section 3h exempts, the Minister Qr any member of an Agricultural Service Board, or any inspector or other person acting under the authority of this Act from liability for any act done or performed in gOQd faith.

Section 3i prohibits any person from selling milk for human consumption from any reacting cattle or quarantined cattle unless the milk is pasteurized. ~ection 7 a. is amended by striking Qut subsection (1). ThIS subsectIOn defines "brucellosis". As this definition now appears in the

interpretation

section of the Act it is no. longer necessary in

section 7 a. ' KENNETH A. McKENZIE, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 68 of 1949.

An Act to amend The Live Stock Diseases Act. (Assented to , 1949.) HIS MAJE.ST~, by and with the advice and consent of the Leglsl'atIve Assembly of the Province of Alberta enacts as follows: ' 1.. The Live Stock Diseases Act, being

chapter 10 of the Statutes of Alberta, 1946, is hereby amended as to

section 2,- (

a) by adding immediately before paragraph (

a) the following new paragraphs: " (a) 'Brucellosis' means the infectious disease of cat tle caused by the bacteria brucella abortus, com monly known as Bang's disease, irrespective of the occurrence or absence of an abortion; "(aa) 'Cattle' includes any member of the bovine species ;" ; (

b) by relettering the present paragraph (

a) as para graph (aaa) ; (

c) by adding immediately after paragraph (

e) the fol lowing new paragraph: "(ee) 'Reacting cattle' means any cattle showing a positive reaction to the agglutination test, or any other recognized test for brucellosis;"; (

d) by adding immediately after paragraph (

I) the fol lowing new paragraphs: , , (g) 'Restricted area' means a brucellosis restricted area established by the Lieutenant Governor in Council pursuant to this Act for the eradication of brucellosis; "(h) 'Vaccinated cattle' n1eans any cattle vaccinated with brucella abortus Strain 19 vaccine, between the ages of four and eight months, and covered by a vaccination certificate or tattoo ;". '2. The said Act is further amended as to

section 3 by adding immediately after paragraph (

c) of subsection (1) the following new paragraphs: " (cc) The tests to be taken and the conditions. to be com plied with before cattle may be moved Into or out of any restricted area established pursuant to the provisions of this Act;

" (ccc) " (ecce) 2 rrhe testing, vaccination, gra.zing, feeding, isolation and segregation of cattle within any restricted area, and the establishment of isolation or quarantine areas within any restricted area, and the requiring of reports to the Minister relating to. tests, vaccina tio.ns, quarantines and other measures for the con trol of brucellosis; The slaughter and sale of reacting cattle and the requiring of permits for any such slaughter or sale;" . 3. The said Act is further amended by adding immediately after

section 3 the following new sections: "3a.-

(1) A petition signed by two-thirds of the owners of cattle in any municipal district or improvement district may be presented to the Minister requesting the establish, .. ment of that municipal district or improvement district as a restricted area f'Or the eradication of brucellosis. "

(2) The petition shall be signed by the reeve and the secretary of the municipal district, o.r in the case of an improvement district, by the Minister or Deputy Minister of Municipal Affairs. "

(3) Any such petition shall contain the fo.llowing: "(

a) the name and number of the municipal district Dr improvement district which will constitute the pro- posed restricted area; , " (

b) the approximate number o.f cattle within it; " (

c) the name of each owner of cattle within the proposed restricted area; "(

d) a declaration that two-thirds of the owners of cattle within the proposed restricted area are in favour of having their cattle tested for the purpose of eradicat ing brucellosis from their herds; " (

e) the name of the veterinary inspector or inspectors who will act within the proposed restricted area. "

(4) The Minister, upon receipt of a petition may, in his discretio.n, recommend to the Lieutenant Governor in Council that a restricted area be established, and the Lieutenant Governor in Council may establish a restricted area in such location and with such boundaries as may be deemed proper and expedient. "

(5) The provisions of this

section and of any regulations relating to matters preliminary to the establishment of a restricted area shall be deemed directory only and no Order in Council establishing a restricted area shall be held void or voidable o.n account of any irregularity in respect of any matter preliminary to its passing. "

(6) Each Order in Council establishing a restricted area shall be published in The Alberta Gazette and in at least two isues of a newspaper circulating in the ;estricted area and the provisions of this Act and the regulations shall apply to such area as a restricted area from the date of the publica tion of the Order in The Alberta Gazette.

3 "3b.-

(1) The Agricultural Service Board constituted pursuant to The Agricultural Service Board Act in any municipal district or improvement district in which a res tricted area is established, shall administer this Act and the regulations in the restricted area. "

(2) The council of each municipal district, or the Minis ter of Municipal Affairs in the case of an improvement district, is hereby empowered to payout of the funds of the municipal district or improvement district to the Agricultur al Service Board administering any restricted area within the municipal district or the improvement district, as the case maybe, such moneys as the council of the municipal district or the Minister of Municipal Affairs deems necessary in connection with the expense of administration of the restricted area, subject to the provisions 'Of

section 200a 0'f The l1,funicipal District Act in the case of a municipal district. "

(3) The lVIinister of Agriculture from time to time may make grants out of moneys appropriated by the Legislative Assembly for the purpose t0' any Agricultural Service Board administering any restricted area for the purpose of assist ing in the eradicati0'n of brucellosis. "3c. All cattle within a restricted area shall be tested for brucellosis . . "3d.-

(1) Any inspector may enter any premises within the restricted area. where cattle are kept, or have been kept, or where the inspector suspects that infected cattle, 'Or cattle suspected by the inspector of being infected with brucellosis are or have been kept, for the purpose of inspecting such premises and may take such specimens as he may deem necessary f0'r the purpose of ascertaining the existence of brucellosis. "

(2) Any inspector may by order quarantine any pre mis,es within the restricted area. where cattle are kept and may prevent the rem'Oval of all hay, straw, litter, or other articles likely t'O propagate infection until such time as an investigation has been made for the purpose of ascertaining the existence of brucellosis. "

(3) Any inspector, when satis!1ed of the exi~tence of brucellosis shall order the quarantIne 'Of all reactIng cattle on the pre~ig.es and the permanent marking of such cattle for future identification. "3e.-

(1) All reacting cattle which hav~ ~ot been vac cinated shall be permanently marked by a B branded on the right jaw. "

(2) Vaccinated cattle in a negative herd shall not be permanently marked unless th~y sh~w a positive reaction to the agglutination test after thIrty-sIx months of age. "

(3) Vaccinated cattle in an infect~d. herd sh~ll be per manently marked if they show a POSItIve reactIon to the agglutination test after thirty months of age. "3/.-

(1) Upon receipt ,~f a report fro~ ~n in.spector or from an Agricultural ServICe Board admInIsterIng a res-

4 tricted area that brucellosis exists on any premises within the restricted area, the Minister in his discretion may order the owner or occupier of the premises or the Agricultural Service Board administering the restricted area to. take any action necessary for the purpo.se of cleansing and disinfect ing such premises, and may o.rder that the cost o.f the actio.n 'Ordered to. be taken shall be bo.rne by the owner o.r occupier of the premises. "

(2) The Agricultural Service Bo.ard administering the restricted area may recover the cost of any action taken UPo.n the o.rder o.f the Minister from the .owner o.r occupier designa ted in the order of the Minister by action as if the same were a debt owing to. the Agricultural Service Board. "3g.-

(1) Any cattle or other pro.perty subject to. an o.rder of quarantine under the pro.visions of this Act shall at all times be at the risk and expense 'Of the o.wner o.r perso.n under whose co.ntro.I such cattle or other property were at the time of quarantine or detentio.n. "

(2) The inspecto.r quarantining Qr detaining such cattle Qr Qther property shall immediately after the quarantine Qr detentiQn nQtify in writing the owner or perso.n under whose cQntrol they were at the time Qf quarantine 'Or detention by telegram, registered letter, Qr o.therwise, Qf the quarantine or detenti'On. "3h.

No actiQn shall lie against the Minister Qr against any member of an Agricultural Service Board administering a restricted area 'Or against an inspector Qr 'Other perso.n fo.r any act do.ne 0.1' performed in go.Qd faith and purpo.rting to. have been done or perfQrmed under the pro.visions o.f this Act o.r the regulations. "3i. No. person shall sell milk for human co.nsumpti'On from any reacting cattle Qr quarantined cattle unless the milk is prQperly pasteurized.". 4. The said Act is further amended 'as to sectio.n 7 a by striking Qut subsectiQn (1). 5.

This Act shall come into fQrce o.n the day upon which it is assented to..

No. 68 FIRST SESSION ELEVENTH LEGISLATURE 13 GEORGE VI 1949 BILL

An Act to amend The Live Stock Diseases Act. Received and read the First time Second time Third time ..... HON. MR. URE. Title: 1949 (11th, 1st) Bill 68,

An Act to amend The Live Stock Diseases Act

Document details

Collection	Alberta — Bills
Citation	L11 S1 7190
Type	bill
Volume / chapter	L11 S1 7190
Language	en
Format	json
Source	PROVINCIAL
Identifier	e57796e756c59da4fdb057f6e44ed6d5d7902e49

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