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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to October 1, 1998]
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Contents |
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Section |
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1 In this Act:
"auctioneer" means a person who performs the functions of auctioneer at a sale of livestock by auction at a public sale yard or any other place;
"farmer" means a person
(a) solely or principally occupied in producing agricultural products on a farm that is adequate in all respects for the feeding and keeping of the number of livestock on it at any time, and
(b) whose transactions in livestock are restricted to those that arise solely from the person's occupation described in paragraph (a);
"game" means game as defined in the Game Farm Act that is being raised for agricultural purposes under a licence issued under that Act;
"livestock" means cattle, horses, sheep, goats, swine and game and includes their young;
"livestock dealer" includes a person who, whether on the person's own behalf or as agent for another, and whether on a commission basis or otherwise,
(a) buys or offers to buy livestock, or
(b) sells or offers to sell, or possesses for sale any livestock or livestock carcasses or portions,
but does not include a resident of British Columbia who is a farmer;
"operator" means a person, group of persons or organization engaged in the business of operating public sales;
"person" includes an association, society, syndicate or group of persons and their heirs and personal and legal representatives;
"public sale" means a sale or offering for sale of livestock by public auction or otherwise at a public sale yard or at another place designated by the minister;
"public sale yard" means a place of business where livestock are sold, offered for sale or kept for sale.
2 (1) A person must not act or hold himself or herself out as a livestock dealer unless authorized to do so by a valid licence issued under this Act or the Livestock Brand Act.
(2) A person must not act or hold himself or herself out as an operator unless authorized to do so by a valid licence issued under this Act.
(3) A licence authorizing a person to act as an operator must not be issued unless the person holds a valid licence as a livestock dealer under the Livestock Brand Act.
(4) A person must not maintain or operate a public sale yard unless the person holds a valid licence as a yard worker under the regulations.
(5) A person must not act or hold himself or herself out as an auctioneer unless authorized to do so by a valid licence issued under this Act.
3 (1) Applications for licences or renewal of licences under this Act must be
(a) made in the form prescribed by the minister, and
(b) accompanied by payment of a licence fee set by regulation.
(2) Only the minister or the minister's authorized representative may issue a licence under this Act.
(3) A licence issued under this Act expires at the end of December 31 in the year in which it is issued.
4 Licences may be issued under this Act only to those persons who are qualified to be licensed under the regulations made under this Act.
5 The minister may cancel or suspend a person's licence if, after giving the person a full opportunity to present argument and evidence, the minister is satisfied that the person has contravened this Act or a regulation.
6 (1) The minister may designate as a veterinary inspector or inspector for the purposes of this Act
(a) any veterinary inspector of the Animal Health Division of the government of Canada, or
(b) any person registered and qualified to practise as a veterinary surgeon under the Veterinarians Act.
(2) The minister may designate any other person to be an inspector under this Act.
(3) An officer or constable of the Royal Canadian Mounted Police or of any police department in a municipality has the powers of an inspector under this Act.
7 (1) An inspector under this Act has the powers and must perform the duties conferred and imposed on the inspector by the minister.
(2) An inspector has the right to enter in or on any premises or vehicle in the performance of a duty.
8 (1) A veterinary inspector under this Act may
(a) at any time inspect any livestock offered or to be offered for sale at a public sale, or
(b) subject livestock to any test or retest for disease at whatever time the veterinary inspector considers necessary or advisable.
(2) For the purposes of subsection (1), a veterinary inspector may cause animals to be gathered together, detained or isolated.
9 The production by an inspector or a veterinary inspector of a notice of appointment purported to be signed by the minister is proof in the absence of evidence to the contrary of the facts stated on the notice and of the authority of the inspector or veterinary inspector to exercise the powers and perform the duties conferred and imposed on an inspector or a veterinary inspector under this Act.
10 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) establishing classes of public sales and public sale yards;
(b) providing for standards for public sale yards;
(c) providing for the issue, renewal, refusal to grant or renew, suspension and cancellation of licences;
(d) concerning the bonding of auctioneers and public sale yard operators;
(e) respecting conditions under which livestock are admitted to, assembled, offered for sale, segregated or disposed of at public sales;
(f) providing for the inspection of any livestock, animal, poultry, bird or household pet and for their exclusion from a public sale;
(g) concerning the keeping of records and the submission of reports by operators, auctioneers and livestock dealers and their availability for scrutiny by a person appointed by the minister;
(h) prescribing qualification requirements for and the procedures employed in the issuance of licences;
(i) prohibiting the sale of a specified type of game at a public sale.
(3) The maximum penalty that may be prescribed or imposed for contravention of a regulation is a fine of $2 000.
11 The minister may prescribe forms, certificates, permits and other documents necessary for the administration of this Act.
12 (1) A person who contravenes section 2 commits an offence and is liable on conviction to a fine of not more than $2 000.
(2) Section 5 of the Offence Act does not apply to this Act, or the regulations.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada