1997 Legislative Session: 2nd Session, 36th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE CORKY EVANS
MINISTER OF AGRICULTURE,
FISHERIES AND FOOD
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Animal Disease Control Act
1 Section 1 of the Animal Disease Control Act, R.S.B.C. 1996, c. 14, is amended by adding the following definitions:
"auctioneer" means a person who acts as an auctioneer at a sale of livestock by auction at a public sale yard or another place;
"farmer" means a person
(a) who is 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;
"hide" means the untanned skin of livestock;
"hide dealer" means a person who buys or sells hides or possesses hides for sale;
"livestock" means cattle, horses and game and includes other animals designated by the regulations as livestock for the purposes of all or part of this Act or the regulations;
"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;
"meat" means the whole or part of a carcass of livestock but does not include the hide;
"operator" means a person, group of persons or organization engaged in the business of operating public sales;
"public sale" means a sale or offering for sale of livestock at
(a) a public sale yard, or
(b) 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;
"slaughter" means the killing of livestock for any purpose and includes the butchering and dressing of a carcass;
"slaughterhouse" means a building or place where livestock are slaughtered or held for slaughter.
2 The following sections are added:
18.1 (1) Unless the person is licensed under this Act to do so and is bonded if required under the regulations, a person must not carry on business as
(a) an auctioneer,
(b) a hide dealer,
(c) a livestock dealer, or
(d) an operator.
(2) A person must not maintain or operate a public sale yard unless licensed under this Act to do so and bonded if required under the regulations.
(3) A person must not slaughter livestock for food for animals or for human consumption unless the person is licensed under this Act to operate a slaughterhouse and is bonded if required under the regulations.
18.2 (1) A licence may be suspended or cancelled, or its renewal refused, if the licensee
(a) knowingly gave false information on an application for the licence, or
(b) contravened this Act or the regulations, or a term or condition of the licence.
(2) Notice of the suspension or cancellation of a licence must be served personally on the licensee or sent by registered mail to the licensee's last known address.
(3) A notice sent by registered mail to the licensee's last known address is conclusively deemed to be served on the person to whom it is addressed on
(a) the 14th day after the notice was deposited with Canada Post, or
(b) the date on which the notice was actually received by the person, whether by mail or otherwise,
whichever is earlier.
(4) A suspension or cancellation of a licence, or a refusal to grant or renew a licence, may be appealed in the manner and within the time established under the regulations and, on appeal, the appellate body established under the regulations may
(a) make an order confirming, reversing or varying the order, decision or determination under appeal,
(b) refer the matter back with or without directions to the body that made the order, decision or determination under appeal, or
(c) make another order it considers appropriate in the circumstances.
3 Section 19 is amended by adding the following subsection:
(2.1) A person commits an offence and is liable on conviction to a fine not exceeding $2 000 if the person
(a) slaughters livestock, unless the person has a licence to operate a slaughterhouse or slaughters cattle in a place other than a slaughterhouse,
(b) maintains or operates a public sale yard while not licensed under this Act to do so,
(c) carries on business as an auctioneer, a hide dealer, a livestock dealer or an operator, without a licence, or
(d) removes the hide from livestock, unless the person is the owner or a person authorized by the owner or is an inspector.
4 Section 20 is amended
(a) in subsection (2) by adding the following paragraphs:
(t) designating a species of animal for the purposes of the definition of "livestock" in section 1;
(u) establishing classes of public sales and public sale yards;
(v) establishing standards for public sale yards;
(w) respecting the issue, renewal, refusal to grant or renew, suspension and cancellation of licences including
(i) a body that may issue, or may refuse to issue or renew, a licence,
(ii) the terms and conditions that may be included in a licence,
(iii) the charging of fees for a licence by a body specified under subparagraph (i),
(iv) the body that may suspend or cancel a licence,
(v) the procedures for conducting a refusal to renew, suspension or cancellation proceeding,
(vi) the body that may hear appeals if a licence has been refused, not renewed, suspended or cancelled or if the inclusion or exclusion of a term or condition in the licence is disputed,
(vii) the procedures for conducting an appeal proceeding,
(viii) the charging of fees by the body that may hear appeals, and
(ix) any matter necessary or advisable to provide effectively for the issue, renewal, refusal to grant or renew, suspension or cancellation of licences;
(x) respecting the movement of livestock, meat and hides;
(y) concerning bonding for the purposes of section 18.1;
(z) concerning dealing in livestock or hides;
(z.1) respecting conditions under which livestock are admitted to, assembled, offered for sale, segregated or disposed of at public sales;
(z.2) providing for the inspection of any livestock, animal, poultry, bird or household pet and for their exclusion from a public sale;
(z.3) concerning the keeping of records and the submission of reports by operators, auctioneers and livestock dealers, and the availability of those reports for scrutiny by a person appointed by the minister;
(z.4) prohibiting the sale of a specified type of game at a public sale;
(z.5) respecting the slaughter of livestock;
(z.6) respecting the records to be kept and made available by a person slaughtering livestock or dealing in livestock, meat or hides. , and
(b) by adding the following subsection:
(3) A body established under subsection (2) (w) (i) may retain any fees it collects under a regulation made under subsection (2) (w) (iii).
Cattle (Horned) Act
5 Section 1 of the Cattle (Horned) Act, R.S.B.C. 1996, c. 44, is amended
(a) in the definition of "dealer" by striking out "Livestock Brand Act;" and substituting "Livestock Identification Act;", and
(b) in the definition of "inspector" by striking out "Livestock Brand Act;" and substituting "Animal Disease Control Act or Livestock Identification Act;".
Farm Practices Protection (Right to Farm) Act
6 Sections 6 (2), (3) and (5) and 7 (3) of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, are amended by striking out "board" wherever it appears and substituting "chair of the board".
7 Section 8 (1) is amended by striking out "the board or" and substituting "the chair or".
8 Section 11 (1) is amended by striking out "The board or" and substituting "The board, the chair of the board or".
9 Section 12 (2) (c) (ii) is amended by striking out "the board or" and substituting "the board, the chair of the board or".
Forest Practices Code of British Columbia Act
10 Section 74 (3) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by striking out "Livestock Brand Act." and substituting "Livestock Identification Act."
Livestock Act
11 Section 1 of the Livestock Act, R.S.B.C. 1996, c. 270, is amended in the definition of "brand inspector" by striking out "Livestock Brand Act;" and substituting "Livestock Identification Act;".
Livestock Brand Act
12 The Livestock Brand Act, R.S.B.C. 1996, c. 271, is amended by repealing the title and substituting the following:
LIVESTOCK IDENTIFICATION ACT .
13 Section 1 is amended
(a) by repealing the definition of "board",
(b) by repealing the definitions of "brand", "identification brand" and "inspector" and substituting the following:
"brand" means an identification impressed or affixed on or within the body of livestock to indicate ownership;
"identification brand" means an identification impressed or affixed on or within the body of livestock for a purpose other than to indicate ownership;
"inspector" means an inspector appointed under section 3 insofar as the inspector may act within the powers, functions, terms and conditions of the inspector's appointment under section 3; , and
(c) by repealing the definitions of "recorder" and "register" and substituting the following:
"register" means a register of brands for the purposes of this Act; .
14 Sections 3 and 4 are repealed and the following substituted:
3 (1) The minister may appoint a person, or persons within a class, to be inspectors.
(2) The minister, in an appointment under subsection (1), may
(a) limit the powers and functions under section 5 that the inspector may exercise, or
(b) make the appointment subject to terms and conditions.
(3) An officer or constable of the Royal Canadian Mounted Police or of any police force of a municipality has the powers of an inspector under section 5.
4 The production by an 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 in the notice.
4.1 (1) A person affected by the exercise of a power under section 5, or the refusal to exercise a power, by an inspector may complain to the body established under the regulations to investigate complaints.
(2) On receipt of a complaint, the body must investigate the matter raised by the complaint and may request that the inspector who is the subject of the complaint provide it with any information regarding the matter that the inspector considers should be considered during the investigation.
(3) The body referred to in subsection (1) may discontinue, at any stage, an investigation under this section if it considers the complaint to be unfounded, frivolous or vexatious.
(4) Unless subsection (3) applies, after completing an investigation and considering the information, if any, provided by the inspector, the body must
(a) prepare its report to the minister,
(b) give the inspector an opportunity to respond to the report,
(c) make alterations to the report in light of that response, where appropriate, and
(d) submit the report to the minister.
(5) On receipt of a report made under subsection (4), the minister may, as the minister considers appropriate,
(a) rescind the inspector's appointment,
(b) add terms or conditions, or limit powers or functions, as described in section 3 (2) respecting the appointment, or
(c) take no action.
15 Sections 6 and 7 are repealed.
16 Section 8 (1) is amended
(a) by striking out "or the recorder", and
(b) by striking out "or recorder".
17 Section 9 is amended
(a) by repealing subsection (1) (a) (iii) and substituting the following:
(iii) an identification brand not authorized by an organization designated by the regulations; ,
(b) by repealing subsection (1) (b) (ii) and substituting the following:
(ii) an identification brand not authorized by an organization designated by the regulations; ,
(c) by repealing subsection (1) (e), (f) and (g), and
(d) by repealing subsections (3) and (4).
18 The following sections are added:
9.1 (1) The minister, by order, may
(a) designate organizations that may establish one or more programs specified in the order for the registration of brands or use of identification brands for British Columbia or an area of British Columbia, and
(b) set the terms and conditions that an organization designated under paragraph (a) must follow
(i) to establish and administer a program for the registration of brands or use of identification brands, or
(ii) to issue, refuse to issue, attach conditions to, transfer, amend, renew, suspend or cancel the registration of a brand or use of an identification brand.
(2) An order under subsection (1) may
(a) make different provisions for different areas of British Columbia, organizations, categories of livestock, brands or identification brands,
(b) specify the circumstances under which and the extent to which an organization may delegate one or more of its powers, duties or functions under a program to its officers, agents or employees, or
(c) authorize and require an organization to
(i) maintain livestock that is awaiting inspection or is detained by an inspector, and
(ii) detain and sell livestock that is abandoned.
(3) An organization designated under subsection (1) may charge and retain fees for services it performs.
9.2 (1) The minister may issue a direction to an organization designated under section 9.1 or to its members specifying the factors, criteria and guidelines that the organization or members must or must not use in exercising the organization's powers.
(2) The organization and its members must comply with any general or special direction made by the minister under subsection (1).
19 Section 10 (2) is amended
(a) by repealing paragraphs (a) and (b) and substituting the following:
(a) the types or classes of livestock that must be branded to be within an area of British Columbia specified in the regulation;
(b) the establishment of a body for the purposes of section 4.1, the procedures to be followed by the body when conducting an investigation into a complaint and requesting information from the investigator who is the subject of the complaint, and the information to be contained in the report by the body; , and
(b) by repealing paragraphs (d), (h), (m), (n) and (o).
20 The following section is added:
11 (1) On the date this section comes into force
(a) all registrations, by the Recorder of Brands under this Act, of brands and use of identification brands are revoked, and
(b) brand certificates, issued by the Recorder of Brands under this Act, have no force or effect on and after that date except for the purposes of section 8 respecting matters arising before that date.
(2) Despite any other enactment, no damages or compensation of any kind is payable by the government, and no proceedings in which damages or compensation is claimed may be commenced, as a consequence of subsection (1).
Livestock Public Sale Act
21 The Livestock Public Sale Act, R.S.B.C. 1996, c. 274, is repealed.
Municipal Act
22 Sections 918 and 919 of the Municipal Act, R.S.B.C. 1996, c. 323, are repealed and the following substituted:
918 (1) Sections 887 (8), 903 (5) and 917 do not apply unless a regulation under this section declares that they apply.
(2) The Lieutenant Governor in Council may declare by regulation that, generally or for some or all of the geographic area specified in the regulation, on and after the date specified in the regulation, section 887 (8), 903 (5) or 917 applies to
(a) the board of a regional district specified in the regulation,
(b) the council of a municipality specified in the regulation, or
(c) the local trust committee under the Islands Trust Act of a local trust area specified in the regulation.
919 (1) In this section, "regulation" means a regulation under section 918 respecting the application of section 887 (8) or 903 (5) to a board, council or local trust committee.
(2) A board or a local trust committee to which a regulation applies must review all rural land use bylaws and zoning bylaws of the board or local trust committee, as the case may be, in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister.
(3) A council to which a regulation applies must review all zoning bylaws of the council in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister.
(4) During the first 3 years after a regulation commences to apply to the board of a regional district, to a local trust committee of a local trust area or to the council of a municipality, as the case may be, or during any extension to that 3 year period that the minister may grant,
(a) the board or local trust committee may amend, by bylaw, its rural land use bylaws or zoning bylaws, and
(b) the council may amend, by bylaw, its zoning bylaws,
in order to achieve consistency between the bylaws as they relate to any farming areas within the geographic area to which the regulation applies and the standards established under section 916 by the minister.
(5) As an exception to the usual requirements regarding rural land use bylaws and zoning bylaws, a bylaw that makes an amendment authorized under subsection (4) may be adopted without public hearing.
Natural Products Marketing (BC) Act
23 Section 1 of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended in the definition of "Provincial board" by striking out "section 3;" and substituting "section 3 and includes, except under section 3 (4), (6) and (7), a panel of not less than 3 members of the British Columbia Marketing Board established under section 3 (7);".
24 Section 3 (7) is repealed and the following substituted:
(7) With the prior approval of the Lieutenant Governor in Council, the Provincial board may make rules
(a) governing the practices, procedure and the quorum at its meetings or hearings, or
(b) governing the establishment, practices, procedure and the quorum at meetings or hearings of a panel of the Provincial board.
(8) No proceeding under section 8 of a panel of the Provincial board in place of the Provincial board commenced or concluded on or before the date this subsection comes into force, or any decision made in such a proceeding, may be challenged or is invalid by reason only that the law did not authorize a panel to act in place of the Provincial board.
(9) Subsection (8) is retroactive to the extent necessary to give effect to its provisions with respect to any practice, proceeding or decision to which it refers.
25 Section 22 (4) (a) is repealed.
26 This Act comes into force by regulation of the Lieutenant Governor in Council.
[This Bill amends the Revised Statutes of British Columbia, 1996. The Revised Statutes of British Columbia, 1996 come into force on April 21, 1997.]
Animal Disease Control Act
SECTION 1: [Animal Disease Control Act, amends section 1] re-enacts definitions that are currently in the Livestock Brand Act or the Livestock Public Sale Act that are required as a consequence of consolidation of licensing requirements from those Acts into the Animal Disease Control Act.
SECTION 2: [Animal Disease Control Act, enacts sections 18.1 and 18.2] consolidates and revises the licence requirement and suspension, cancellation or refusal to renew licences provisions currently in the Livestock Brand Act or the Livestock Public Sale Act.
SECTION 3: [Animal Disease Control Act, adds section 19 (2.1)] consolidates offence provisions respecting licences currently in the Livestock Brand Act or the Livestock Public Sale Act.
SECTION 4: [Animal Disease Control Act, amends section 20] consolidates the regulation making provisions respecting licences currently in the Livestock Brand Act or the Livestock Public Sale Act.
Cattle (Horned) Act
SECTION 5: [Cattle (Horned) Act, amends section 1] amends definitions as a consequence of the renaming of the Livestock Brand Act as the Livestock Identification Act and the consolidation of licensing requirements from the Livestock Brand Act and the Livestock Public Sale Act into the Animal Disease Control Act.
Farm Practices Protection (Right to Farm) Act
SECTIONS 6 to 9: [Farm Practices Protection (Right to Farm) Act, amend sections 6, 7, 8, 11 and 12] allow the chair of the Farm Practices Board to make rulings in place of the board on certain procedural matters.
Forest Practices Code of British Columbia Act
SECTION 10: [Forest Practices Code of British Columbia Act, amends section 74] amends a reference to the Livestock Brand Act as a consequence of the consolidation of licensing requirements from the Livestock Brand Act into the Livestock Identification Act.
Livestock Act
SECTION 11: [Livestock Act, amends section 1] amends a reference to the Livestock Brand Act in the definition of "brand inspector" as a consequence of the renaming of the Livestock Brand Act as the Livestock Identification Act.
Livestock Brand Act
SECTION 12: [Livestock Brand Act, repeals and replaces the title of the Act] renames the Livestock Brand Act as the Livestock Identification Act.
SECTION 13: [Livestock Brand Act, amends section 1] repeals the definitions of "board" and "recorder" and amends the definitions of "inspector" and "register" to reflect the withdrawal of government from the role of direct provision of brand registry and inspection services. The definitions of "brand" and "identification brand" are amended to better describe the range of current branding techniques.
SECTION 14: [Livestock Brand Act, re-enacts sections 3 and 4 and enacts section 4.1] repeals the current sections 3 and 4 of the Act and enacts a new section 3 allowing the minister to appoint inspectors who need not be public service employees but who remain accountable to the minister even if they are employed by other organizations. In making each appointment, the minister may limit the powers and functions of the inspector and the area of British Columbia or type of livestock that may be inspected using the powers under section 5 of the Act. The new section 4 of the Act makes the notice of appointment a form of proof of the appointment. The new section 4.1 of the Act establishes the framework for a complaints review procedure.
SECTION 15: [Livestock Brand Act, repeals sections 6 and 7] repeals reference to the Board of Brand Commissioners as the complaint review function of that board is being replaced by the procedure referred to in the new section 4.1 of the Act that section 14 of this Bill enacts. Section 2 of this Bill, in new section 18.2 of the Animal Disease Control Act consolidates and revises the suspension and cancellation of licences provisions that are currently the board's responsibility.
SECTION 16: [Livestock Brand Act, amends section 8 (1)] deletes reference to the recorder consequential to the amendment to section 1 of the Act and the enactment of section 11 of the Act.
SECTION 17: [Livestock Brand Act, amends section 9] amends section 9 (1) (a) (iii) and (b) (ii) of the Act to allow the withdrawal of the government from the operation of the brand registry and the assumption by various livestock industry organizations of a brand registry role for their sectors of the industry. The repeal of section 9 (1) (e), (f) and (g) of the Act is a consequence of the consolidation of licensing provisions in the Animal Disease Control Act. The repeal of section 9 (3) and (4) of the Act removes a reverse onus faced by persons charged with certain offences under the Act.
SECTION 18: [Livestock Brand Act, enacts sections 9.1 and 9.2] allows the minister to authorize various livestock industry organizations to establish brand registries for their sectors of the industry and gives the minister the capacity to give directions to guide these organizations in the exercise of their powers under the Act.
SECTION 19: [Livestock Brand Act, amends section 10 (2)]
SECTION 20: [Livestock Brand Act, enacts section 11] revokes the registration of all current brands and makes current brand certificates inoperative for most purposes when the new section 11 of the Act comes into force.
Livestock Public Sale Act
SECTION 21: [Livestock Public Sale Act, repeals Act].
Municipal Act
SECTION 22: [Municipal Act, re-enacts sections 918 and 919] allows flexibility to restrict the application of
(a) section 887 (8), 903 (5) and 917 of the Act, but not necessarily all 3 sections, to specified geographic areas, and
(b) a bylaw review process under section 919 of the Act to a regional district or to the municipalities within a regional district that are directly affected by standards established under section 916 of the Act by reason of a regulation made under section 918.
Natural Products Marketing (BC) Act
SECTIONS 23 to 25: [Natural Products Marketing (BC) Act, amend sections 1, 3 and 22] make explicit provision for the creation of panels of the Provincial board to act in place of that board in specified circumstances. These amendments also ratify legitimate past use of panels in similar circumstances.
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