Section 1 definitions of "contributor", "operator", "outlet" and "sale yard" BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
"contributor" means a person who
(a) consigns livestock to an outlet,
(b) sells or transports hides,
(c) slaughters livestock in a place other than premises licensed under the Animal Disease Control Act,
(d) presents livestock to an inspector for inspection, or
(e) transports livestock or causes livestock to be transported;
"operator" means the owner of an outlet;
"outlet" means a saleyard or slaughterhouse;
"saleyard" means a place where livestock are offered for public sale;
Section 19 (3) and (4) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
19 (3) No contributor shall send cattle from a place out of the prescribed area to an outlet situated out of the prescribed area unless he first gives to the person transporting the cattle 3 copies of a Form 3 for the cattle.
(4) No person shall transport cattle from a place out of the prescribed area to an outlet situated out of the prescribed area unless he carries with him the 3 copies of the Form 3 mentioned in subsection (3). This subsection applies to an owner transporting his own cattle.
Section 19 (1) to (4) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) No contributor shall send cattle from a place in a brand inspection area to another in the same brand inspection area unless he first gives to the person transporting the cattle 3 copies of a Form 3 for the cattle.
(2) No person shall transport cattle from a place in a brand inspection area to another in the same brand inspection area unless he carries with him the 3 copies of the Form 3 mentioned in subsection (1). This subsection applies to an owner transporting his own cattle.
(3) No contributor shall send cattle from a place out of the prescribed area to a sale yard or slaughterhouse situated out of the prescribed area unless he first gives to the person transporting the cattle 3 copies of a Form 3 for the cattle.
(4) No person shall transport cattle from a place out of the prescribed area to a sale yard or slaughterhouse situated out of the prescribed area unless he carries with him the 3 copies of the Form 3 mentioned in subsection (3). This subsection applies to an owner transporting his own cattle.
Section 20 (1), (2), (3) and (4) (a) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
20 (1) A contributor must not send cattle from a place in a brand inspection area to a place outside it, other than cattle consigned to an outlet in the prescribed area, unless
(a) the cattle have been inspected by an inspector at the place where they are first loaded for transporting or at the point specified by the inspector, and
(b) the inspector has issued a certificate of inspection to which a copy of Form 3 is attached.
(2) A person must not transport cattle from a place in a brand inspection area to a place outside it, other than cattle consigned to an outlet in the prescribed area, unless the person carries a certificate of inspection issued by an inspector for the cattle and a copy of Form 3 completed by the contributor.
(3) Where the cattle under subsections (1) and (2) are being consigned to an outlet in the prescribed area, section 19 (1) and (2) applies.
(4) The seller of cattle in the prescribed area shall, within 24 hours of the transaction, notify the nearest inspector of the change in ownership and deliver or send to him a completed Form 3 showing the particulars when
(a) the cattle are sold at a place other than an outlet, and
Section 20 (4) and (6) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(4) The seller of cattle in the prescribed area shall, within 24 hours of the transaction, notify the nearest inspector of the change in ownership and deliver or send to him a completed Form 3 showing the particulars when
(6) An inspector may inspect cattle when not otherwise required by these regulations, but on doing so, he shall issue a certificate of inspection.
Section 21 (1) and (3) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
21 (1) If, within 72 hours of being sold from a saleyard located in the prescribed area, cattle are shipped to a destination either inside or outside British Columbia, a bill of sale issued by the operator of the saleyard is considered to be the required certificate of inspection.
(3) Cattle purchased at a saleyard that are transported under a bill of sale and unloaded at a holding area or unloaded at any other point within the prescribed area for any reason may, at the discretion of an inspector, on further shipment be subject to all the provisions of the Act and this regulation as though the cattle had not been previously inspected.
Section 23 (1), (2), (3), (4.1) and (4.2) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
23 (1) Where cattle are transported to an outlet in the prescribed area, the operator accepting the cattle for any purpose shall
(a) keep the shipment separate, request a brand inspection certificate, Form 3 or a bill of sale if the shipment is being received direct from another saleyard in the prescribed area, and call an inspector within 24 hours after delivery, and
(b) not release the cattle until the cattle are inspected or otherwise cleared by an inspector.
(2) The contributor who shipped the cattle to the outlet is responsible for their maintenance until the inspector has issued his certificate of inspection or otherwise cleared them.
(3) The operator of an outlet, in or out of the prescribed area, shall keep a record of all cattle movements into and out of the outlet which record is to be made available to an inspector for his inspection on request. The record shall contain
(a) the name and address of the owner of the cattle,
(b) the name and address of the buyer of the cattle, if applicable,
(c) the number and a description of the cattle including any brands on the cattle, and
(d) the cancelled cheque or other document issued in payment for the cattle, if applicable.
(4.1) If livestock is delivered to an outlet in the prescribed area and brand inspection is required, the operator must collect from the contributor the inspection fee for each head of livestock inspected and pay that fee to the inspector on request.
(4.2) The operator of a saleyard may retain a commission of 3% for the collection of inspection fees under subsection (4.1).
Section 23 (2) and (3) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(2) The contributor who shipped the cattle to the sale yard or slaughterhouse is responsible for their maintenance until the inspector has issued his certificate of inspection or otherwise cleared them.
(3) The operator of a sale yard or slaughterhouse, in or out of the prescribed area, shall keep a record of all cattle movements into and out of the sale yard or slaughterhouse which record is to be made available to an inspector for his inspection on request. The record shall contain
Section 24 (1) and (2) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
24 (1) No operator of an outlet that is situated out of the prescribed area shall accept any shipment of cattle from a contributor
(a) situated within the prescribed area unless the cattle are accompanied by a brand inspection certificate issued by an inspector, or a bill of sale issued by an operator of a saleyard located in the prescribed area within 72 hours of the sale;
(b) situated out of the prescribed area unless the shipment is accompanied by a Form 3.
(2) An operator of a saleyard that is out of the prescribed area may, with the approval of an inspector, substitute a book check in system for calves of a recognized dairy breed under the apparent age of 3 weeks in place of a Form 3. The record shall show the name and address of a contributor and the number, kind and colour of the calves being contributed for sale. The contributor shall sign the book to certify the correctness of the information.
Section 26 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Return of other's cattle
26 A person transporting cattle who finds that an animal has become mixed with his shall separate the cattle and return any that are not his to the owner of the cattle or to any reasonable place designated by the owner of the cattle. This shall be done at no expense to the owner of the cattle and within a mutually agreed time.
Section 27 (part) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
Brands on horses
27 Every person who has in his control north of the 57th parallel a horse that is apparently over the age of 6 months and that is not branded in accordance with the Act or registered under the terms of the Livestock Pedigree Act (Canada) shall, on gaining that control by purchase, hire, finding or otherwise, or, on a horse whom he has in control attaining the age of 6 months,
Section 27 (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
27 Every person who has in his control north of the 57th parallel a horse that is apparently over the age of 6 months and that is not branded in accordance with the Act or registered under the terms of the Animal Pedigree Act (Canada) shall, on gaining that control by purchase, hire, finding or otherwise, or, on a horse whom he has in control attaining the age of 6 months,
Section 27 (a) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(a) brand the horse if he is entitled to do so by reason of ownership of it, or
Section 28 (1), (2), (3), (6) and (7) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
Horses in saleyard
28 (1) An operator of a saleyard shall not take delivery of horses for sale unless they are accompanied by a Form 3.
(2) An operator of a saleyard in the prescribed area receiving horses for sale shall forthwith request an inspector to inspect them.
(3) No person shall remove horses from a saleyard within the prescribed area until an inspector has authorized their removal.
(6) If horses are consigned to an outlet and brand inspection is required, the operator must collect from the contributor the inspection fee for each head inspected and pay that fee to the inspector on request.
(7) The operator of a saleyard may retain a commission of 3% for the collection of inspection fees under subsection (6).
Section 28.1 (2) and (3) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
28.1 (2) A person, including an owner transporting the owner's own horses, must not transport horses for delivery to a licensed slaughterhouse or feedlot in British Columbia or to a licensed public sale or licensed slaughterhouse or feedlot in Alberta unless the owner carries a certificate of inspection issued by an inspector for the horses and a copy of the Form 3 completed by the contributor.
(3) If, within 72 hours of being sold from a saleyard located in the prescribed area, horses are shipped to a destination either inside or outside British Columbia, a bill of sale issued by the operator of the saleyard is considered to be the required certificate of inspection.
Section 28.1 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) No person shall send horses for delivery to a slaughterhouse or feedlot in or out of the Province unless the horses have been inspected by an inspector at the place where they are first loaded for transporting or at a place specified by the inspector and the inspector has issued his certificate of inspection to which a copy of the Form 3 must be attached.
Section 31 (1) and (4) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
31 (1) This section does not apply to the purchase of a cattle or horse hide by a dealer in hides where the hide comes from a licensed slaughterhouse.
(4) A hide dealer, taxidermist or other person who receives hides for treating for personal or commercial use shall keep records of all hides he receives and of the names and addresses of the persons from whom the hides are received. These records shall be kept for at least 2 years. The operator shall allow an inspector to examine, during normal business hours, the records and hides in his possession.
Section 31 (3) and (4) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(3) No person shall acquire a cattle or horse hide unless he first receives from the owner a bill of sale for the hide.
(4) A taxidermist or other person, except a person licensed as described in section 30, who receives hides for treating for personal or commercial use shall keep records of all hides he receives and of the names and addresses of the persons from whom the hides are received. These records shall be kept for at least 2 years. The operator shall allow an inspector to examine, during normal business hours, the records and hides in his possession.
Section 32 (1) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.
(1) No person shall remove an ear tag placed on the ear of cattle by the Animal Health Branch, Agriculture Canada, or the British Columbia Ministry of Agriculture, Fisheries and Food, or otherwise mutilate the ears on a hide, destroy or otherwise dispose of a hide of any livestock that is slaughtered at a place other than at a licensed slaughterhouse.
Section 32 (1) and (2) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
32 (1) No person shall remove an ear tag placed on the ear of cattle by the Animal Health Branch, Agriculture Canada, or the British Columbia Ministry of Agriculture and Lands, or otherwise mutilate the ears on a hide, destroy or otherwise dispose of a hide of any livestock that is slaughtered at a place other than at a licensed slaughterhouse.
(2) In the case of a hide of livestock infected with an infectious or contagious disease and where the non-burial would contribute to the disease or be detrimental to public health, the hide may be buried with the written authorization by an inspector under the Animal Disease Control Act.
Section 34 BEFORE re-enacted by BC Reg 6/2015, effective January 19, 2015.
Slaughterhouse licence
34 (1)-(3) Repealed. [B.C. Reg. 228/2000, App. 2, s. 9.]
(4) The hide of any livestock slaughtered under subsection (2) must be retained for a period of 30 days for inspection by any person on request. Where the livestock owner has the opportunity to sell the hide before the expiration of 30 days, a receipt, fully describing the hide, signed by the purchaser and clearly showing his name and address, is to be obtained. The receipt shall be retained by the seller for 6 months.
(5) Where it is desirable to dispose of a hide prior to the termination of the prescribed period due to predatory animals, the permission of the nearest inspector shall be obtained prior to the disposal.
(6) and (7) Repealed. [B.C. Reg. 228/2000, App. 2, s. 9.]
[am. B.C. Reg. 228/2000, App. 2, s. 9.]
Section 35 (2) before amended by BC Reg 6/2015, effective January 19, 2015.
(2) An operator of a slaughterhouse for animal food only may substitute a book check in system for livestock received for processing. The check in system shall record the name and address of the livestock contributor with the number, kind and colour of the livestock received.
Section 35 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(a) maintain a copy of all bills of sale for livestock purchased by him, and
Section 35 (3) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(3) The Form 3 and bills of sale shall be made available to an inspector for inspection on request during normal business hours.
Section 36 (3) before amended by BC Reg 6/2015, effective January 19, 2015.
(3) If meat is transported from a licensed slaughterhouse at which the animal was inspected before slaughter, the shipper of the meat must give to the carrier a copy of the invoice sent to the consignee with respect to the shipment.
Section 39 (1) (c) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
(c) if unclaimed within 10 days after publication of the last notice, sell the livestock at the nearest licensed saleyard, or with the approval of the organization, by local public auction.
Section 39 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) When an inspector takes into his possession apparently abandoned livestock under section 5 (1) (g) of the Act, he shall
Section 40 (1) to (3), (5) and (6) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) An inspector may cause any livestock to be detained at any place designated by him at the shipper's risk and expense for the purpose of
(2) Where an inspector causes any livestock to be detained or the proceeds from the sale of any livestock to be held, he shall complete a notice in the form approved by an organization to the operator and the contributor fully describing the livestock and stating the reason why the livestock have been detained or the proceeds held. The original copy of the notices to the operator and to the contributor shall be delivered to the operator or the person in charge of the livestock.
(3) The operator or the person in charge of the livestock to whom the notices under subsection (2) have been given shall forward the contributor's notice to him, if applicable.
(5) An inspector in completing the release shall show the reason for the release of the livestock or the sale proceeds and he shall not issue a release unless he is satisfied ownership has been established by the contributor.
(6) Where a notice is issued under subsection (2) and after a period of 30 days an inspector is unable to determine ownership of the livestock, he shall
Section 41 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) An inspector may at any time stop, and on producing identification as to his appointment search without warrant, any vehicle in which livestock, meat or hides are being or may be transported and inspect the livestock, meat or hides being transported.
Section 42 (1) to (3) and (5) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) Where an inspector finds any livestock, meat or hides that in his opinion are being kept, driven, removed or shipped contrary to the Act or this regulation or another enactment of the Province or of Canada or where he is not satisfied about the ownership, he may seize and remove the livestock, meat or hides, by force if necessary.
(2) If during the time the livestock, hides or meat so seized remain undisposed of in the possession of the inspector, any person who furnishes proof of his ownership thereof to the satisfaction of the inspector and pays in full the costs and expenses incurred by the inspector in the seizure, removal and retention, the inspector shall deliver up possession of the seized livestock, hides or meat to that person.
(3) Subject to subsection (2), the inspector may sell at his discretion the seized livestock, hides or meat after they have been in his possession 10 days and the approval of the organization is received. A report to the organization shall be made by the seizing inspector giving full details of the seizure and of the sale or other disposition made of the livestock, hides or meat seized.
(5) The proceeds from the seized livestock, hides or meat shall be remitted to the organization which shall deduct therefrom the costs and expenses incurred by the inspectors in the seizure, removal, detention and sale of the same. The organization shall retain the proceeds so remitted for a period of 6 months subject to a claim of any person who establishes to the satisfaction of the organization that he is entitled by reason of having been the owner or mortgagee of the livestock, hides or meat at the time of the seizure and sale. If the proceeds remain unclaimed at the end of 6 months they shall be paid into the consolidated revenue fund.
Section 43 (1) (a.1) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
(a.1) the complete names and addresses of buyer and seller, or the seller's computer code generated by the saleyard;
Section 43 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) A person who sells livestock shall give the buyer a bill of sale in writing, signed by the vendor or his agent, giving the following particulars:
Section 46 (1) and (4) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
Records
46 (1) An operator of an outlet and a livestock dealer must keep an accurate record of all livestock transactions to identify the movement of livestock through their facility or possession for ownership and health purposes.
(4) In this section, "inspector" includes an inspector under the Animal Disease Control Act.
Section 48 (1) (a) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(a) provide suitable buildings, alley, pens, chutes and gates as may be required for an inspector to carry out his duties under the Act and this regulation, and
Section 55 (1) (h) BEFORE amended by BC Reg 6/2015, effective January 19, 2015.
(h) contravenes section 19, 20, 21 (2), 22 (1), 23 (1) or (5), 24 (1), 25, 26, 27, 28 (1), (2) or (3), 28.1 (1) or (2), 30, 31 (2), (3) or (4), 34 (4) or (5), 35 (1) or (3), 36 (1) or (3), 37, 40 (4), 43 or 46
Section 55 (1) (e) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(e) alters, obliterates or otherwise makes unreadable any part of a form prescribed by the Act or this regulation other than an inspector acting in the performance of his duty,
Section 55 (2) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(2) On the prosecution of a person for an offence under subsection (1) (a), proof of the fact that he was the owner or in possession of the livestock that was impressed with a brand that was not registered or an identification brand not authorized by permit, in the absence of evidence to the contrary, is evidence that he impressed or caused or directed or assisted in impressing that livestock with the brand or identification brand.