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B.C. Reg. 8/2015 O.C. 13/2015 | Deposited January 19, 2015 |
[Last amended April 1, 2023 by B.C. Reg. 295/2021]
"Act" means the Animal Health Act;
"fur bearing animal" means a chinchilla, fisher, fox, marten, mink or nutria;
"fur farm" means a place where 2 or more fur bearing animals are kept in captivity with the intention of breeding the animals, or producing pelts, for commercial purposes;
"fur farm licence" means a licence to operate a fur farm;
"fur farming" means engaging in the operation of a fur farm;
"health management plan" means a health management plan as described in section 7;
"licence" means a fur farm licence or a mink pelt licence;
"licensed fur farmer" means a person who holds a fur farm licence;
"mink pelt" means a pelt that
(a) is produced from a mink that was farmed in British Columbia under the authority of a fur farm licence, and
(b) is kept or dealt with by the person who held the fur farm licence under which the mink from which the pelt was produced was farmed;
"mink pelt licence" means a licence to keep and deal with mink pelts;
"pen" means a pen used for the accommodation of fur bearing animals on a fur farm.
[am. B.C. Reg. 295/2021, Sch. 3, s.1.]
2 (1) Fur farming is prescribed as a regulated activity for the purposes of the Act.
(2) A person must not engage in fur farming of fur bearing animals other than mink unless the person
(a) is a licensed fur farmer, or
(b) is an employee, within the meaning of section 10 of the Act, of a licensed fur farmer.
(2.1) A person must not engage in fur farming of mink, except that mink pelts may be kept and dealt with in accordance with section 2.1.
(3) Except as authorized under the Wildlife Act, a person must not possess live fur bearing animals unless the person is a person described in subsection (2).
[am. B.C. Reg. 295/2021, Sch. 3, s. 2.]
2.1 A person must not keep or deal with mink pelts unless the person
(a) is licensed to keep and deal with mink pelts, or
(b) is an employee, within the meaning of section 10 of the Act, of a person who is licensed to keep and deal with mink pelts.
[en. B.C. Reg. 295/2021, Sch. 3, s. 3.]
3 (1) For the purposes of section 11 (1) of the Act, an applicant for a fur farm licence, including an applicant to renew a fur farm licence, must include with the application a fee as follows:
(a) $12, if no more than 25 fur bearing animals are intended to be kept on the fur farm;
(2) An applicant must apply for a new fur farm licence if any of the following apply:
(a) the application is in respect of a proposed fur farm that has not yet been constructed;
(b) the application is in respect of a fur farm that has previously been the subject of a fur farm licence, but the applicant intends to enlarge or otherwise make significant changes to structures on the fur farm;
(c) the application is in respect of a fur farm that has previously been the subject of a fur farm licence, but the fur farm licence was not renewed before its expiry.
(3) In addition to any other information required by the chief veterinarian, an applicant for a new fur farm licence must include with the application the following:
(a) if subsection (2) (a) or (b) applies, plans relevant to the construction of the fur farm, including accommodation, isolation and euthanasia facilities;
(b) a copy of the health management plan;
(c) a statement of the number and species of fur bearing animals intended to be kept on the fur farm, divided according to sex;
(d) a written statement from the council of the municipality or the board of the regional district in which the proposed fur farm is to be located indicating that the proposed fur farm complies with all relevant local government land use regulations.
(4) In addition to any other information required by the chief veterinarian, an applicant to renew a fur farm licence must include with the application a statement of the number and species of fur bearing animals intended to be kept on the fur farm, divided according to sex.
[am. B.C. Reg. 295/2021, Sch. 3, s. 4.]
4 (1) If the chief veterinarian issues a fur farm licence under section 11 (2) (d) or (e) of the Act, the chief veterinarian may include, without limiting those paragraphs, the following as conditions of the fur farm licence:
(a) the species of fur bearing animals that may be kept on the fur farm;
(b) the maximum number of fur bearing animals that may be kept on the fur farm;
(c) that the health management plan
(i) submitted under section 3 (3) (b) [how to apply for fur farm licence], with any modifications required by the chief veterinarian, is the health management plan that must be implemented under section 7 [health management plan], or
(ii) most recently in place under section 7, with any modifications required by the chief veterinarian, must continue to be implemented under that section.
(2) The chief veterinarian must not issue a fur farm licence permitting more than one species of fur bearing animals to be kept on a fur farm.
(3) A licensed fur farmer must not enlarge or otherwise make significant changes to structures on the fur farm unless the licensed fur farmer first applies for, and is issued, a new fur farm licence.
[am. B.C. Reg. 295/2021, Sch. 3, s. 4.]
4.1 The chief veterinarian must not issue a new licence or renew a fur farm licence permitting fur farming of mink, except to permit keeping and dealing with mink pelts under a mink pelt licence.
[en. B.C. Reg. 295/2021, Sch. 3, s. 5.]
4.2 (1) For the purposes of section 11 (1) of the Act, an applicant for a mink pelt licence, including an applicant to renew a licence, must include with the application a fee of $12.
(2) In addition to any other information required by the chief veterinarian, an applicant for a mink pelt licence must include with the application a statement of the number of mink pelts held by the applicant at the time of making the application.
[en. B.C. Reg. 295/2021, Sch. 3, s. 5.]
4.3 (1) The chief veterinarian must not issue a mink pelt licence except to a person who produced the mink pelt under a fur farm licence issued under section 4 or 4.1.
(2) If the chief veterinarian issues a mink pelt licence, the maximum number of mink pelts that may be kept under the licence is the lesser of the following:
(a) the maximum number stated on the licence;
(b) the number of mink pelts stated on the application under section 4.2 (2).
[en. B.C. Reg. 295/2021, Sch. 3, s. 5.]
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.
(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.
(2) If a new fur farm licence is issued for the purposes of section 4 (3) [issuance of fur farm licence], the existing fur farm licence expires on the date the new fur farm licence is issued.
[am. B.C. Reg. 295/2021, Sch. 3, s. 6.]
Part 3 — Health of Fur Bearing Animals
7 (1) A licensed fur farmer must
(a) establish a health management plan in accordance with subsection (2) for the fur bearing animals kept on the fur farm, and
(b) ensure that all operators on the fur farm implement all protocols and procedures contained in the plan.
(2) A health management plan must include the following:
(a) the name and contact information of the veterinarian or other person who will be advising on the health of fur bearing animals kept on the fur farm;
(b) a description of the procedures to be used to identify individual fur bearing animals kept on the fur farm, and the type of identification to be used;
(c) vaccination and treatment protocols;
(d) a description of the procedures to be used to track mortality rates;
(e) a description of the procedures to be used to isolate and segregate any fur bearing animal on the fur farm showing signs of illness;
(f) the euthanasia protocols established under section 10 (1) [death of animals].
(3) A licensed fur farmer must not change a health management plan except with the prior written approval of the chief veterinarian.
8 (1) For the purposes of section 5 (2) (e) of the Act, a licensed fur farmer must ensure that each fur bearing animal on the fur farm is
(a) kept clean and free of parasites,
(b) vaccinated in accordance with the vaccination protocols set out in the health management plan, and
(i) to determine the animal's general health and condition, and
(ii) to monitor any significant changes in the animal's general health and condition.
(2) A licensed fur farmer must ensure that records are kept in respect of each fur bearing animal on the fur farm, detailing all
8.1 SARS-CoV-2 is prescribed, for the purposes of the Act,
(a) as a notifiable disease in respect of fur bearing animals other than mink, and
(b) as a reportable disease in respect of mink.
[en. B.C. Reg. 295/2021, Sch. 1, s. 1.]
9 A licensed fur farmer must ensure that records are kept detailing the number of fur bearing animals born on the fur farm, divided according to sex.
10 (1) A licensed fur farmer must establish protocols for euthanizing fur bearing animals kept on the fur farm.
(2) A licensed fur farmer must ensure that
(a) fur bearing animals kept on the fur farm are euthanized only in accordance with the protocols established under subsection (1), and
(b) records are kept detailing the number of fur bearing animals on the fur farm that die of any cause.
11 (1) A licensed fur farmer must ensure that all records made under this Part and Part 3.1, as it read immediately before its repeal, are kept together with the licensed fur farmer's health management plan
(a) in the form and manner required by the chief veterinarian, and
(b) for a period of at least 10 years.
(2) Records made under this Part and Part 3.1, as it read immediately before its repeal, are prescribed for the purposes of section 19 of the Act.
[am. B.C. Reg. 295/2021, Sch. 1, s. 2 and Sch. 3, s. 7.]
12 (1) A licensed fur farmer must ensure that
(a) each fur bearing animal on the fur farm has access to a sufficient supply of nutritious food,
(b) juvenile fur bearing animals are able to easily access food, if any, located on the lid of a nest box,
(c) each fur bearing animal on the fur farm has access to clean, palatable water, and
(d) waste feed is removed before fresh food is provided to fur bearing animals on the fur farm.
(2) A licensed fur farmer must ensure that
(a) food for fur bearing animals on the fur farm is stored at temperatures and in a manner that will prevent deterioration, and
(b) equipment used to prepare and deliver food is cleaned and sanitized daily.
(3) A licensed fur farmer must ensure that fur bearing animals on the fur farm are not fed, or provided as food, any part of the carcass of another fur bearing animal.
13 (1) A licensed fur farmer must ensure that structures on the fur farm in the vicinity of a pen are constructed in a manner that allows air to flow freely in and around the pen.
(2) A licensed fur farmer must ensure that sheds containing pens
(a) provide adequate protection of the fur bearing animals within from extreme weather, and
(b) are sufficiently lighted, and provide sufficient space and access, for operators on the fur farm to observe and care for the fur bearing animals within.
(3) A licensed fur farmer must ensure that fur bearing animals have access to sufficient hours of continuous daylight to meet the physical development needs of their species.
14 (1) A licensed fur farmer must ensure that all pens
(a) are of sufficient size to accommodate, comfortably at the same time, all fur bearing animals the pen is intended to hold,
(b) are constructed in a manner so as to be safe and clean for the fur bearing animals the pen is intended to hold,
(c) are located in such a way as to ensure proper drainage when pens are washed, and
(d) are fenced securely in a manner that
(i) prevents the escape of fur bearing animals from the pen, and
(ii) protects the fur bearing animals in the pen from other animals.
(2) A licensed fur farmer must ensure that all pens holding more than one fur bearing animal have either
15 A licensed fur farmer must ensure that all nest boxes
(a) are of sufficient size to accommodate, comfortably at the same time, all fur bearing animals in the pen,
(b) are constructed in a manner so as to be clean, dry and free of drafts,
(c) hold clean, dry bedding, and
(d) allow for nesting behaviour in a comfortable, safe and secluded place.
16 For the purposes of section 76 (2) and (3) of the Wildlife Act,
(a) a fur bearing animal as defined in this regulation that is owned by a licensed fur farmer is a fur farm animal as referred to in that section, and
(b) the prescribed period during which an owner retains ownership of an escaped fur farm animal is 30 days, beginning on the day of the escape.
17 (1) A licensed fur farmer must ensure that all operators engaged in fur farming on the fur farm are sufficiently equipped for the purpose of meeting the requirements of this regulation.
(2) A licensed fur farmer must ensure that operators on the fur farm have access to water sufficient for cleaning and other farm-related activities.
18 (1) A licensed fur 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 fur bearing animals by the licensed fur farmer;
(b) the disposition, by any means, of live fur bearing animals or pelts by the licensed fur farmer.
(2) The records referred to in subsection (1) must show
(a) the date of the transaction,
(b) the number, sex and species of animals involved,
(c) the name and contact information of the person from whom the licensed fur farmer acquired live fur bearing animals, and
(d) the name and contact information of the person to whom the licensed fur farmer disposed of live fur bearing animals or pelts.
(3) The records referred to in subsection (1) must be kept
(a) in the form and manner required by the chief veterinarian, and
19 A person who contravenes any of the following provisions commits an offence:
(a) section 2 (2) [engaging in fur farming without licence];
(a.1) section 2 (2.1) [engaging in fur farming of mink];
(a.2) section 2.1 [keeping or dealing with mink pelts without licence];
(b) section 4 (3) [change to fur farm without new licence];
(b.1) section 4.3 (2) [keeping more mink pelts than permitted];
(c) section 7 (1) (a) [failure to establish health management plan as required];
(d) section 7 (1) (b) [failure to comply with health management plan];
(e) section 7 (3) [unauthorized change to health management plan];
(f) section 8 (1) [failure to ensure general health as required];
(g) section 8 (2), 9, 10 (2) (b), 11 or 18 [failure to keep records as required];
(h) section 10 (2) (a) [failure to comply with euthanasia protocols];
(h.1) to (h.3) Repealed. [B.C. Reg. 295/2021, Sch. 3, s. 9 (c).]
(i) section 12 (1) or (2) [failure to provide food or water as required];
(j) section 12 (3) [feeding carcass of fur bearing animal];
(k) section 13, 14 or 15 [failure to accommodate animals as required].
[am. B.C. Reg. 295/2021, Sch. 1, s. 4 and Sch. 3, s. 9.]
[Provisions relevant to the enactment of this regulation: Animal Health Act, S.B.C. 2014, c. 16, ss. 93 (1), 95, 100 (3) and (6) and 101 (7).]
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