Definitions

1   In this regulation:

"Act" means the Animal Health Act;

"game" means fallow deer, bison and reindeer;

"game farm" means land on which game is kept with the intention of using the game for commercial purposes;

"game farming" means engaging in the operation of a game farm;

"licensed game farmer" means a holder of a licence to operate a game farm.

Game farming is regulated activity that must be licensed

2   (1) Game farming is prescribed as a regulated activity for the purposes of the Act.

(2) A person must not engage in game farming unless the person

(a) is a licensed game farmer, or

(b) is an employee, within the meaning of section 10 of the Act, of a licensed game farmer.

(3) Except as authorized under the Wildlife Act, a person must not possess live game unless the person is a person described in subsection (2).

How to apply for licence

3   (1) For the purpose of section 11 (1) of the Act, an applicant for a licence, including an applicant to renew a licence, must include with the application a fee as follows:

(a) $200 for a new licence;

(b) $100 for a renewal of a licence.

(2) In addition to any other information required by the chief veterinarian, an applicant must include with the application the following:

(a) in the case of an application for a new licence,

(i) a description of the location and size of the game farm, including a sketch of the land and structures located on it,

(ii) proof to the satisfaction of the chief veterinarian that the applicant is the lessee or registered owner of the land intended to be used for the game farm, and

(iii) a statement of the number of game intended to be kept on the game farm, divided according to sex and species;

(b) in the case of an application to renew a licence, a statement of the number of game intended to be kept on the game farm, divided according to sex and species.

Issuance of licence

4   (1) If the chief veterinarian issues a licence under section 11 (2) (d) or (e) of the Act, the chief veterinarian may include as a condition of the licence, without limiting those paragraphs, the species of game that may be kept on the game farm.

(2) The chief veterinarian must not issue a licence to a person who is not the lessee or registered owner of the land intended to be used for the game farm.

Notice of suspension or cancellation

5   The chief veterinarian may provide notice under section 14 (3) (a) of the Act of the intention to suspend or cancel a licence in the same manner as an order may be served under section 3 (1) of the Enforcement Regulation, B.C. Reg. 4/2015, and section 3 (2) to (4) of that regulation applies.

Expiry of licence

6   A game farm licence expires on

(a) January 31 of the year immediately following the year in which the licence was issued, unless renewed before that date, or

(b) an earlier date, if any, set by the chief veterinarian under section 11 (2) (d) or (e) of the Act.

Ear tags required

7   (1) A licensed game farmer must ensure that an ear tag is

(a) affixed securely to each fallow deer and reindeer on the game farm, and

(b) replaced promptly if lost.

(2) For the purpose of subsection (1), an ear tag must

(a) be of a type approved by the chief veterinarian,

(b) be marked with a unique identification number or code, and

(c) in the case of a fawn or calf born on the game farm, be affixed on or before the earliest of the following dates:

(i) April 30 of the year immediately following the year in which the fawn or calf was born;

(ii) the date the licensed game farmer transfers ownership of the fawn or calf to another person;

(iii) the date the fawn or calf leaves the game farm for any purpose.

(3) A licensed game farmer must ensure that records are kept, in respect of each animal, detailing the identification number or code marked on the animal's original ear tag and all replacement ear tags, if any.

Humane removal of antlers

8   A licensed game farmer must ensure that precalcified antlers are not removed from game on the game farm unless the game is first given a nerve blocking agent of a type, in a dosage and in a manner recommended by a veterinarian.

Breeding of game

9   A licensed game farmer must ensure that records are kept detailing the number of game born on the game farm, divided according to sex and species.

Import of game

10   (1) In this section, "certificate of health" means a certificate of health issued by a veterinarian who is authorized to act under the Health of Animals Act (Canada) for the purposes of the National Animal Health Program.

(2) A person must not possess in British Columbia a fallow deer or reindeer imported from another Canadian province unless a certificate of health has first been issued in respect of the animal.

(3) A licensed game farmer who possesses a fallow deer or reindeer that was imported into British Columbia from another Canadian province must keep the certificate of health issued in respect of the animal for at least 10 years from the date that the certificate was issued.

Control of game

11   (1) A licensed game farmer must ensure that the licensed game farmer's game

(a) are confined to the game farm described in the game farm licence, or

(b) remain, while outside the game farm, in the custody of the licensed game farmer or a person acting for the licensed game farmer.

(2) A licensed game farmer must ensure that any place in which game are intended to be kept is fenced or otherwise secured in a manner that

(a) prevents the escape of game from the place, and

(b) protects the game in the place from other animals.

Report of unconfined game

12   (1) For the purposes of this section, game are unconfined if, for any reason, the game are not

(a) confined to the game farm of a licensed game farmer, or

(b) in custody as described in section 11 (1) (b) [control of game].

(2) A licensed game farmer must report to an inspector

(a) if any of the licensed game farmer's game are unconfined, within 36 hours after becoming aware that the game are unconfined, and

(b) any recapture of unconfined game within 7 days after the recapture.

(3) A licensed game farmer who receives notice under section 13 (1) [notice of unconfined game and ownership of escaped game] of unconfined game, or who has reason to believe that the licensed game farmer's game may be unconfined, must

(a) inventory the licensed game farmer's game within 24 hours, and

(b) if the inventory indicates or confirms that game are unconfined, make a report under subsection (2).

(4) Reports to the inspector made under this section must be made in the form and manner required by the chief veterinarian.

(5) For each report made under this section, a licensed game farmer must ensure that records are kept detailing

(a) the date of the report, and

(b) the number and species of game reported as unconfined.

Notice of unconfined game and ownership of escaped game

13   (1) The chief veterinarian may give notice to one or more licensed game farmers if the chief veterinarian has reason to believe that game is unconfined within the meaning of section 12 [report of unconfined game].

(2) Whether or not a notice is issued under subsection (1) of this section, for the purposes of section 76 (2) and (3) of the Wildlife Act,

(a) game as defined in this regulation that are owned by a licensed game farmer are game farm animals as referred to in that section, and

(b) the prescribed period during which an owner retains ownership of escaped game is 30 days, beginning on the day a report is made under section 12.

(3) Despite subsection (2) (b), the chief veterinarian, in the notice referred to in subsection (1), may provide for a shorter period than that provided for in subsection (2) (b) if the chief veterinarian is of the opinion that

(a) escaped game may endanger persons, property, other animals or the genetic integrity of wildlife, or

(b) the owner failed

(i) to comply in a timely manner with one or more requirements of section 12, or

(ii) to take reasonable measures to prevent the owner's game from escaping.

Transactions

14   (1) A licensed game farmer must ensure that records are kept in accordance with subsection (2) in respect of each transaction involving either or both of the following:

(a) the acquisition, by any means, of live game by the licensed game farmer;

(b) the disposition, by any means, of live game by the licensed game farmer.

(2) The records referred to in subsection (1) must include all of the following:

(a) the date of the transaction;

(b) the number, sex and species of game involved;

(c) the name and contact information of the person from whom the licensed game farmer acquired the live game;

(d) the name and contact information of the person to whom the licensed game farmer disposed of the live game;

(e) the import permit, if applicable;

(f) in the case of fallow deer and reindeer, the identification number or code as marked on the ear tag affixed in accordance with section 7 [ear tags required].

Movement of game if licensing action

15   A licensed game farmer whose licence has been suspended or cancelled must ensure that game is not moved into or out of the game farm without the prior written approval of the chief veterinarian.

Hunting game

16   A licensed game farmer must not hunt, or permit to be hunted, any of the licensed game farmer's game.

Death of game

17   (1) A licensed game farmer must not kill, or permit to be killed, any of the licensed game farmer's game, except in the following circumstances:

(a) the game is on the game farm or in custody as described in section 11 (1) (b) [control of game], and

(i) killing the game is necessary to end the animal's suffering, or

(ii) the licensed game farmer is an individual and the game is killed to provide food for the licensed game farmer or the licensed game farmer's family;

(b) the game has escaped and, after a report made under section 12 [report of unconfined game], an inspector first gives written permission to kill the game;

(c) the game is killed in accordance with an order made under the Act;

(d) the game is slaughtered at a slaughter establishment licensed under the Food Safety Act.

(2) A licensed game farmer must ensure that game killed under subsection (1) (a), (b) or (c) is killed only

(a) by shooting the game in a manner that causes death quickly and humanely, or

(b) in a manner approved in writing by the chief veterinarian.

(3) A licensed game farmer must ensure that records are kept detailing the number, sex and species of game

(a) killed, in total, under subsection (1) (a),

(b) killed, in total, under subsection (1) (b) or (c),

(c) slaughtered under subsection (1) (d), and

(d) that die for reasons other than being killed under subsection (1).

Records made under this Part

18   A licensed game farmer must ensure that all records made under this Part are kept

(a) in the form and manner required by the chief veterinarian, and

(b) for a period of at least 10 years.

Offences

19   A person who contravenes any of the following provisions commits an offence:

(a) section 2 (2) [engaging in game farming without licence];

(b) section 2 (3) [possessing game without authorization];

(c) section 7 (1) or (2) [failure to affix ear tag as required];

(d) section 7 (3), 9, 10 (3), 12 (5), 14 (2), 17 (3) or 18 [failure to keep records as required];

(e) section 8 [removal of antlers contrary to veterinary advice];

(f) section 10 (2) [import of game without certificate of health];

(g) section 11 (1) or (2) [failure to control game];

(h) section 12 (2) or (3) (b) [failure to report as required];

(i) section 12 (3) (a) [failure to inventory game as required];

(j) section 15 [moving game if subject to licensing action];

(k) section 16 [hunting game];

(l) section 17 (1) or (2) [killing game except as authorized].