Animal Pedigree Act (R.S.C., 1985, c. 8 (4th Supp.))

Amalgamations

Marginal note:Amalgamation of associations

• 25 (1) Two or more associations that desire to amalgamate and continue as one association may make an application for that purpose by submitting articles of amalgamation to the Minister.

• Marginal note:Contents of articles of amalgamation

  (2) Articles of amalgamation must

  • (a) set out the names of the associations that desire to amalgamate;

  • (b) be in the prescribed form;

  • (c) set out, in respect of the proposed amalgamated association,

    • (i) the name of the association,

    • (ii) the name of every distinct breed and evolving breed in respect of which the association is deemed to be incorporated, and

    • (iii) the association’s proposed by-laws in respect of the matters referred to in paragraphs 15(1)(a) to (q);

  • (d) contain a statutory declaration attesting that the members of each of the associations that desire to amalgamate have been consulted in writing in the prescribed manner in relation to the proposed amalgamation and that, with respect to each association, twenty-five per cent or more of the members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amalgamation; and

  • (e) be submitted in triplicate in the prescribed manner.

• Marginal note:Attached declarations

  (3) Articles of amalgamation submitted to the Minister must be accompanied by a sworn statutory declaration by a director of each amalgamating association stating that the director believes on reasonable grounds

  • (a) that the value of the assets of the director’s association exceeds the value of the association’s liabilities;

  • (b) that no creditor of the director’s association will be prejudiced by the amalgamation; and

  • (c) that adequate notice of the proposed amalgamation has been given to all known creditors of the director’s association and that no creditor objects to the amalgamation for other than frivolous or vexatious grounds.

• Marginal note:Adequate notice

  (4) For the purposes of paragraph (3)(c), adequate notice of a proposed amalgamation is given if a notice stating that an association intends to amalgamate with one or more specified associations and that creditors of the association may object to the amalgamation by filing an objection in writing with the association within thirty days after the date of the notice is

  • (a) sent to each known creditor of the association whose claim against the association exceeds one thousand dollars; and

  • (b) published once in a newspaper published or distributed in the place where the head office of the association is situated.

• Marginal note:Certificate of amalgamation

  (5) Where the Minister is satisfied that articles of amalgamation should be approved, the Minister shall issue a certificate of amalgamation in respect thereof.

• Marginal note:Endorsement

  (6) Where the Minister issues a certificate of amalgamation, the Minister shall

  • (a) cause to be endorsed on each copy of the articles of amalgamation a statement attesting that a certificate of amalgamation has been issued in respect thereof;

  • (b) cause two copies of the endorsed articles of amalgamation to be filed in the Department of Agriculture and Agri-Food;

  • (c) cause the remaining copy of the endorsed articles of amalgamation to be returned to the amalgamated association; and

  • (d) cause a notice of the issuance of the certificate of amalgamation to be published in the Canada Gazette.

• Marginal note:Effect of certificate

  (7) On the date shown in a certificate of amalgamation

  • (a) the amalgamation of the amalgamating associations becomes effective and the amalgamated association comes into existence;

  • (b) the property of each amalgamating association becomes the property of the amalgamated association;

  • (c) the amalgamated association is liable for the obligations of each amalgamating association;

  • (d) every existing cause of action, claim or liability to prosecution of or against an amalgamating association is unaffected;

  • (e) every civil, criminal or administrative action or proceeding pending by or against an amalgamating association may be prosecuted by or against the amalgamated association; and

  • (f) a conviction against, or ruling, order or judgment in favour of or against, an amalgamating association may be enforced by or against the amalgamated association.

Marginal note:Deemed articles

26 For the purposes of this Act, the articles of amalgamation in respect of which a certificate of amalgamation has been issued shall be deemed to constitute the amalgamated association’s articles of incorporation.

Registration

Marginal note:Registration

27 The registration of animals of a distinct breed shall be in accordance with the by-laws of the association incorporated in respect of that distinct breed.

Marginal note:Eligibility for registration

28 The by-laws of an association relating to the registration of animals of a distinct breed by the association may only provide for the registration of animals whose inheritance traces back to the foundation stock of the distinct breed.

Marginal note:Certificates of registration

• 29 (1) An association that registers an animal may issue a certificate of registration to evidence the registration.

• Marginal note:Certificate is proof

  (2) Unless cancelled, and in the absence of any proof to the contrary, a certificate of registration in respect of an animal named therein is proof that the animal is of the breed referred to in the certificate.

• Marginal note:Form and contents of certificates of registration

  (3) A certificate of registration issued by an association shall be in such form and contain such information as the association requires by its by-laws, but every certificate of registration must set out

  • (a) the name of the association;

  • (b) the animal’s name and particulars of the animal’s individual identification;

  • (c) the animal’s date of birth, sex and registration number;

  • (d) the names and registration numbers of the animal’s parents or, if the name and registration number of one of the parents are unknown, a statement to that effect; and

  • (e) the name of the animal’s owner.

• Marginal note:Additional information

  (4) In addition to the information referred to in subsection (3), a certificate of registration issued by an association in respect of an animal of a distinct breed for which purebred is defined in the association’s by-laws must also set out the following information:

  • (a) if the animal is a purebred, a statement to that effect; and

  • (b) if the animal is other than a purebred, its percentage of purebred inheritance.

Purebred Status

Marginal note:Purebred status

• 30 (1) Subject to subsection (2), the determination of what is a purebred of a distinct breed shall be in accordance with the by-laws of the association incorporated in respect of that distinct breed.

• Marginal note:Minimum inheritance

  (2) No association may, by its by-laws, determine that an animal is a purebred of a distinct breed if the animal has less than seven-eighths of its inheritance from the foundation stock of the animal’s breed or from animals previously registered as purebreds by the association.

Identification

Marginal note:Identification

31 The identification of animals of an evolving breed shall be in accordance with the by-laws of the association incorporated in respect of that evolving breed.

Marginal note:Certificates of identification

• 32 (1) An association that identifies an animal may issue a certificate of identification to evidence the identification.

• Marginal note:Certificate is proof

  (2) Unless cancelled, and in the absence of any proof to the contrary, a certificate of identification in respect of an animal named therein is proof that the animal is in the process of evolving into a new breed as an animal of the evolving breed referred to in the certificate.

• Marginal note:Form and contents of certificates of identification

  (3) A certificate of identification issued by an association in respect of an animal shall be in such form and contain such information as the association requires by its by-laws, but every certificate of identification must set out

  • (a) the name of the association;

  • (b) the animal’s name and particulars of the animal’s individual identification;

  • (c) the animal’s date of birth, sex and identification number;

  • (d) the names and identification numbers of the animal’s parents, if known, or, if unknown, a statement to that effect; and

  • (e) the name of the animal’s owner.

Semen and Embryos

Marginal note:Semen and embryos

• 33 (1) An association may keep records of semen and records of embryos in respect of the animals of any distinct breed or evolving breed it is authorized to register or identify.

• Marginal note:Semen certificates and embryo certificates

  (2) An association that keeps records of semen and records of embryos may, with respect to any semen or embryo recorded by it, issue a semen certificate or an embryo certificate, as the case may be, to evidence the recording.

• Marginal note:Form and contents of semen certificates and embryo certificates

  (3) A semen certificate and an embryo certificate issued by an association in respect of semen or an embryo shall be in such form and contain such information as the association requires by its by-laws, but every certificate must set out

  • (a) the name of the association; and

  • (b) the name of the owner of the semen or embryo.

Recognition of New Breeds

Marginal note:Request for recognition of new breed

• 34 (1) Where an association incorporated in respect of an evolving breed determines that animals it has identified have evolved to the point of constituting the new breed into which they were intended to evolve, the association may request that the Minister examine the animals with a view to recognizing the new breed.

• Marginal note:Articles of amendment

  (2) Any association making a request under subsection (1) may, at the time of making the request or at any time thereafter, file with the Minister articles of amendment to transform the association into an association incorporated in respect of the new breed to which the request relates.

• Marginal note:Recognition

  (3) Where the Minister is satisfied that the animals that are the subject of a request under subsection (1) have evolved into the new breed and that there are sufficient numbers of such animals to constitute the foundation stock of the new breed, the Minister may recognize the new breed and, if articles of amendment referred to in subsection (2) have been filed, issue a certificate of amendment in respect thereof.

• Marginal note:Minister must be satisfied

  (4) In determining whether animals have evolved into a new breed the Minister must be satisfied that the animals bear a physical resemblance to and have the same genetic make-up as the breed into which the animals were intended to evolve, and that the animals have been reproducing with genetic stability.

• Marginal note:Association may continue to identify animals

  (5) Notwithstanding that a certificate of amendment has been issued to an association in respect of articles of amendment referred to in subsection (2), the Minister may, for such period as the Minister may specify, authorize the association to continue to identify animals for the purposes of adding, subject to the Minister’s approval, to the new breed’s foundation stock.

Canadian Livestock Records Corporation

Corporation Established

Marginal note:Corporation established

• 35 (1) There is hereby established a corporation to be known as the Canadian Livestock Records Corporation.

• Marginal note:Corporation is successor to the CNLSR

  (2) The Corporation is the successor to the affiliation known as the Canadian National Live Stock Records and all the rights and obligations of the Canadian National Live Stock Records are the rights and obligations of the Corporation.

• Marginal note:Not agent of Her Majesty

  (3) The Corporation is not an agent of Her Majesty.

• Marginal note:Head office

  (4) The head office of the Corporation shall be at such place in Canada as may be designated in the by-laws of the Corporation.