Definitions

1   In this regulation:

"Act" means the Animal Health Act;

"game" means game of a licensed game farmer within the meaning of the Game Farm Regulation, B.C. Reg. 5/2015;

"livestock" means live cattle, game, goats, horses, sheep or swine.

Definition

2   In this Division and section 23, "hide" means the untanned skin of cattle, game, goats, horses, sheep or swine.

Dealing in hides is regulated activity that must be licensed

3   (1) The following are prescribed as regulated activities for the purposes of the Act:

(a) the acquisition, by any means, of hides for the purpose of disposing of the hides;

(b) the possession of hides acquired under paragraph (a);

(c) the disposition, by any means, of hides.

(2) A person must not engage in a regulated activity prescribed under subsection (1) (a) or (c) unless the person

(a) is licensed as a hide dealer, or

(b) disposes of hides only as follows:

(i) to a hide dealer;

(ii) to another person for that person's personal use.

(3) A person must not engage in a regulated activity prescribed under subsection (1) (b) unless the person is

(a) a person described in subsection (2), or

(b) an employee, within the meaning of section 10 of the Act, of a person described in paragraph (a) of this subsection.

How to apply for licence

4   An applicant for a licence as a hide dealer, including an applicant to renew a licence, must include with the application a fee of $58.

Expiry of licence

5   A hide dealer licence expires on

(a) March 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.

Dealing in livestock is regulated activity that must be licensed

6   (1) The following are prescribed as regulated activities for the purposes of the Act:

(a) the acquisition of livestock for the purpose of disposing of the livestock;

(b) the possession of livestock acquired under paragraph (a);

(c) the disposition of livestock acquired under paragraph (a).

(2) A person must not engage in a regulated activity prescribed under subsection (1) (a) or (c) unless

(a) the person is licensed as a livestock dealer, or

(b) the person

(i) is licensed as a livestock dealer agent, and

(ii) engages in the regulated activity on behalf of and subject to the direction of a licensed livestock dealer.

(3) A person must not engage in a regulated activity prescribed under subsection (1) (b) unless the person is

(a) a person described in subsection (2), or

(b) an employee, within the meaning of section 10 of the Act, of a person described in paragraph (a) of this subsection.

Farmers do not need licence

7   Despite section 6 [dealing in livestock is regulated activity that must be licensed], a person is not required to be licensed or be an employee as required under that section if

(a) the person is a resident of either British Columbia or Alberta,

(b) the person's principal occupation is as a farmer, producing agricultural products on a farm that can adequately feed and keep the number of livestock on the farm at any given time, and

(c) the person acquires, possesses or disposes of livestock solely in relation to the person's occupation as a farmer.

How to apply for licence

8   (1) An applicant for a licence, including an applicant to renew a licence, must do the following:

(a) for a licence as a livestock dealer,

(i) include with the application a fee of $69, and

(ii) in the case of a renewal, include with the application a statement of the number of livestock bought by or through the livestock dealer or livestock dealer's agents in the 12 months before the application was made;

(b) for a licence as a livestock dealer agent, include with the application a fee of $46.

(2) An application for a licence as a livestock dealer agent may be submitted only

(a) in respect of an individual, and

(b) by a person licensed as a livestock dealer

(i) who submits the application on behalf of the individual referred to in paragraph (a), and

(ii) who, by submitting the application, indicates that the individual referred to in paragraph (a) of this subsection will be engaging in one or more of the regulated activities prescribed under section 6 (1) [dealing in livestock is regulated activity that must be licensed] on behalf of and subject to the direction of the livestock dealer.

(3) If an applicant for a livestock dealer licence is not an individual, the applicant must include with the application, in addition to any other information required by the chief veterinarian, the name and contact information of the individual who is authorized to act under this regulation on behalf of the licensee if the licence is issued.

Issuance of licence

9   (1) The chief veterinarian must not issue a livestock dealer licence to an applicant who does not have security as required by section 10 [livestock dealer must be secured] unless the licence

(a) is issued on a temporary basis only, and

(b) includes as a condition that the licence holder must obtain security as required by section 10.

(2) If the chief veterinarian issues a livestock dealer licence under section 11 (2) (d) or (e) of the Act to an applicant who is not an individual,

(a) the chief veterinarian must state on the licence the name of the individual referred to in section 8 (3) [how to apply for licence], and

(b) the only persons who may engage in a regulated activity prescribed under section 6 (1) [dealing in livestock is regulated activity that must be licensed] on behalf of the licensee are

(i) the individual named on the licence under paragraph (a) of this subsection, and

(ii) an individual who holds a licence as a livestock dealer agent and who is subject to the direction of the licensee.

(3) If requested by a licensee in writing, the chief veterinarian may amend the licensee's licence to substitute another individual who is authorized under subsection (2) (b) (i) to act on behalf of the licensee.

(4) A person may hold more than one licence as a livestock dealer agent, but must hold a separate licence in respect of each livestock dealer for whom the person acts as agent.

(5) A person licensed as a livestock dealer agent must not act for a person whose livestock dealer licence has been suspended or cancelled or expired.

Livestock dealer must be secured

10   A person licensed as a livestock dealer must deliver to the chief veterinarian security against default by the livestock dealer of payment of money due for the purchase price of livestock bought by or through the livestock dealer or livestock dealer's agents as follows:

(a) the security must be in the form of either or both of the following:

(i) an irrevocable letter of credit issued by a savings institution;

(ii) a surety bond issued by a person authorized under the Financial Institutions Act, or an enactment of any jurisdiction of Canada other than British Columbia, to carry on insurance business;

(b) the security must be in favour of Her Majesty the Queen in right of the Province of British Columbia as obligee;

(c) the security must be continuous until the earlier of

(i) one year past the expiry of the licence, and

(ii) release under section 13 [claims against and release of security];

(d) the amount of the security must be at least

(i) $20 000, if section 8 (1) (a) (ii) [how to apply for licence] does not apply, or

(ii) the amount set out in Column 2 of the following Table opposite the range set out in Column 1 that applies to the number of livestock stated under section 8 (1) (a) (ii):

[am. B.C. Reg. 303/2016, s. (a).]

Future liability of livestock dealer's agent not covered by bond

11   (1) A livestock dealer must immediately notify the chief veterinarian in accordance with subsection (2) if a person licensed as the livestock dealer's agent no longer acts on behalf of that livestock dealer.

(2) Notice for the purposes of subsection (1) must be provided

(a) by electronic means, or

(b) by telephone, followed within 3 days by a written notice sent by mail.

(3) On receipt, by electronic means or telephone, by the chief veterinarian of the notice provided under subsection (1),

(a) the livestock dealer, for the purposes of claims made under section 13 [claims against and release of security], is liable only for those actions of the livestock dealer agent taken with respect to the acquisition, possession or disposition of livestock that occurred before the notice was given, and

(b) the licence of the livestock dealer agent, as the licence relates to that livestock dealer, is cancelled.

(4) For the purpose of ensuring the effective operation of this Part, the chief veterinarian may disclose to the public

(a) the name and contact information of a livestock dealer agent whose licence is cancelled under this section, and

(b) the fact of the cancellation of the livestock dealer agent's licence, as the licence relates to a specified livestock dealer.

Licensing action for insufficient security

12   (1) The chief veterinarian may suspend the licence of a livestock dealer if security delivered by the livestock dealer under section 10 [livestock dealer must be secured] is drawn down to an amount that is less than the amount required under section 10 (d).

(2) For the purpose of ensuring the effective operation of this Part, the chief veterinarian may disclose to the public

(a) the name and contact information of a livestock dealer whose licence is suspended under this section,

(b) the fact of the suspension, and

(c) the name and contact information of any livestock dealer agent who, under section 9 (5) [issuance of licence], is prohibited from acting for the livestock dealer whose licence is suspended.

(3) The chief veterinarian may lift a suspension if the amount of security is reinstated to at least the amount required under section 10 (d) within 30 days from the date of the suspension.

(4) If a suspension is not lifted under subsection (3), the chief veterinarian may cancel the licences of the livestock dealer and the livestock dealer agent, as the licence relates to that livestock dealer, as of the end of the 30 day period described in that subsection.

Claims against and release of security

13   (1) This section applies if either of the following occurs:

(a) the chief veterinarian

(i) receives notice, in writing, that a person licensed as a livestock dealer is in default on the payment of money due in respect of the acquisition or disposition of livestock under the licence, and

(ii) is satisfied as to the validity of the claim made in the notice;

(b) the chief veterinarian receives notice, in writing, that a person who formerly held a licence as a livestock dealer

(i) owes no money in respect of the acquisition or disposition of livestock under the licence, and

(ii) is seeking release of security under this section.

(2) On the occurrence of an event described in subsection (1), the chief veterinarian may do the following:

(a) give notice of the event to the public;

(b) state in the notice that any person owed money by the livestock dealer or former livestock dealer in respect of the acquisition or disposition of livestock under the livestock dealer's or former livestock dealer's licence may make a claim by giving particulars of the indebtedness to the chief veterinarian by the date and in the manner specified in the notice;

(c) if applicable, state in the notice that the distribution of net proceeds recovered by the government under the security held in respect of the livestock dealer or former livestock dealer will be proportionate to the claims received under paragraph (b) and verified.

(3) The period for making a claim under subsection (2) (b) must be at least 90 days beginning from the date the notice was first made public.

(4) The chief veterinarian may not release security held in respect of a former livestock dealer

(a) for at least the period for making a claim as stated under subsection (2) (b), or

(b) if no notice was given under subsection (2) (a), for at least 90 days after receiving the notice under subsection (1) (b).

Expiry of licence

14   A livestock dealer licence and a livestock dealer agent licence expire on

(a) March 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.

Operating public livestock sale yard is regulated activity that must be licensed

15   (1) The maintenance and operation of an enclosed area, and its associated structures, at which livestock are offered for disposition to the public are prescribed as regulated activities for the purposes of the Act.

(2) A person must not engage in a regulated activity prescribed under subsection (1) unless

(a) the person

(i) is licensed as a public livestock sales operator, and

(ii) is licensed and maintains security as a livestock dealer under Division 2 [Livestock Dealers and Agents], or

(b) the person is an employee, within the meaning of section 10 of the Act, of a person described in paragraph (a) of this subsection.

How to apply for licence

16   An applicant for a licence as a public livestock sales operator, including an applicant to renew a licence, must include with the application a fee of $50.

Expiry of licence

17   A public livestock sales operator licence expires on

(a) December 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.

One day sale permit

18   (1) Despite section 15 [operating public livestock sale yard is regulated activity that must be licensed], a person is not required to be licensed or be an employee as required under that section if issued a permit by the chief veterinarian.

(2) An application for a permit

(a) must be made by the person organizing or sponsoring the operation of an enclosed area, and its associated structures, at which livestock will be offered for disposition to the public, and

(b) must include the name of each person who will be offering livestock for disposition.

(3) Despite subsection (2) (b), if the persons who will be offering livestock for disposition are all members of 4-H Canada, only the name of the participating club or clubs must be provided on the application.

(4) The chief veterinarian must not issue a permit if the applicant is, or the location that is the subject of the application is maintained or operated by, a person who holds a licence as a public livestock sales operator.

(5) If the chief veterinarian issues a permit, the permit must specify

(a) the location at which the regulated activity may be engaged in, and

(b) the date, being one day only, for which the permit is valid.

Definitions

19   In this Division and section 23:

"slaughter" means to kill livestock, or to butcher and dress the carcasses of cattle, game, goats, horses, sheep or swine, to be used for purposes other than food for human consumption;

"slaughterhouse" means a place where livestock are slaughtered or held for slaughter.

Slaughter is regulated activity that must be licensed

20   (1) Slaughter is prescribed as a regulated activity for the purposes of the Act.

(2) A person must not engage in slaughter unless the person

(a) is licensed as a slaughterhouse operator, or

(b) is an employee, within the meaning of section 10 of the Act, of a person licensed as a slaughterhouse operator.

(3) Despite subsection (2), a person is not required to be licensed or be an employee as required under that subsection if

(a) the person

(i) is a licensee within the meaning of the Fur Farm Regulation, B.C. Reg. 8/2015, and

(ii) slaughters livestock to be used as food for other animals on the licensee's fur farm,

(b) the person slaughters livestock to be used as food for the person's own domestic animals, other than as food for other livestock, or

(c) the person slaughters livestock for the person's own use as bait for the control of predators.

Expiry of licence

21   A slaughterhouse operator licence expires on

(a) March 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.

Notice of suspension or cancellation

22   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.

Records to be kept by licensees

23   (1) A person who holds a licence referred to in Part 2 [Licensing] must keep records of the matters listed in subsection (2) and, if applicable, subsections (3) and (4) of this section in relation to each animal or animal byproduct

(a) to which this regulation applies, and

(b) for which the licensed person is or has been responsible while engaging in the regulated activity for which the person is licensed.

(2) The records to be kept by licensees under this section are the following:

(a) a description of the animal or animal byproduct, including its place of origin and any identifying numbers, tags or marks;

(b) the name and contact information of the person from whom the animal or animal byproduct was acquired;

(c) the name and address of the person to whom the animal or animal byproduct was disposed of;

(d) if transported by the licensed person or a person acting on behalf of the licensed person,

(i) the place from which, and the place to which, the animal or animal byproduct was transported, and

(ii) the dates of transportation.

(3) A person licensed as a hide dealer

(a) may, despite subsections (1) and (2) (a), identify hides by lot number or other group identification, if hides are purchased in bulk or if it is not otherwise practical to identify individual hides, and

(b) must, in addition to the records required to be kept under subsection (2) (b), keep a record of the number of hides acquired from each person.

(4) In addition to the records required to be kept under subsection (2), a person licensed as a slaughterhouse operator who slaughters animals for consumption by other animals must keep a record of the name and contact information of each person who acquires from the slaughterhouse operator

(a) meat to be disposed of for consumption by other animals, or

(b) 11.34 kg or more of meat in a single acquisition.

Records to be kept by one day sale permittees

24   A person to whom a permit referred to in section 18 [one day sale permit] is issued must keep the following:

(a) the permit;

(b) a record of the name and contact information of each person who

(i) disposed of livestock under the permit, and

(ii) acquired livestock that were disposed of under the permit;

(c) a record of the number, by species, of animals disposed of.

Records made under this Part

25   A licensee or permittee must ensure that all records that must be kept under this Part are kept

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

(b) for a period of at least

(i) 2 years, in the case of a person licensed as a hide dealer, and

(ii) 10 years, in any other case.

Offences

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

(a) section 3 (2) or (3), 6 (2) or (3), 15 (2) or 20 (2) [engaging in regulated activity without licence];

(b) section 9 (5) [engaging in regulated activity when prohibited];

(c) section 11 (1) [failure to notify as required];

(d) section 23, 24 or 25 [failure to keep records as required].