GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Animal Pedigree Act — A-11.2 24
Association liable for debts 24 (1) Where articles of amendment are submitted pursuant to section 21 and a certificate of amendment is issued in respect thereof along with a certificate of incorporation in respect of the association established as a result of the application for incorporation referred to in paragraph 21(1)(a) or a certificate of amendment in respect of an association referred to in paragraph 21(1)(b), that association is liable for and shall, within one year after the effective date of the certificate of incorporation or certificate of amendment, pay to the association from whose articles of incorporation the name of the distinct breed or evolving breed was deleted an amount equal to the amount of that association’s total debts as of the day the certificate of amendment pertaining to the deletion becomes effective multiplied by the proportion that (a) the total number of registrations or identifications made by that association in relation to animals of the deleted distinct breed or evolving breed in the immediately preceding three years bears to (b) the total number of registrations and identifications made by that association in the immediately preceding three years. Minister may determine debts (2) Where no agreement can be reached as to the amount of the debts or the number of registrations and identifications, (a) any member of the association from whose articles of incorporation the name of the distinct breed or evolving breed is to be deleted, (b) any applicant in relation to the proposed new association, and (c) any member of the association to whose articles of incorporation the name of the distinct breed or evolving breed is to be added may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned.
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 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. R.S., 1985, c. 8 (4th Supp.), s. 25; 1994, c. 38, s. 26
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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.
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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.
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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.
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Certificates of registration 29 (1) An association that registers an animal may issue a certificate of registration to evidence the registration. 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. 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. 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.
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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. 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.
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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.
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Certificates of identification 32 (1) An association that identifies an animal may issue a certificate of identification to evidence the identification. 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. 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.
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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. 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. 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.
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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. 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. 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. 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. 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.
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Corporation established 35 (1) There is hereby established a corporation to be known as the Canadian Livestock Records Corporation. 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. Not agent of Her Majesty (3) The Corporation is not an agent of Her Majesty. 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.
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Purpose 36 The purpose of the Corporation is to perform services for and on behalf of (a) the members of the Corporation; and (b) subject to section 51, breeders and owners of animals of any distinct breed or evolving breed in respect of which there is no association.
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Powers 37 The Corporation may do any act or thing necessary for, or incidental or conducive to, the carrying out of its purpose and business and affairs related thereto and, without restricting the generality of the foregoing, the Corporation may, including with respect to animals of any distinct breed or evolving breed in respect of which there is no association, (a) keep pedigrees and other records; (b) issue certificates of registration, certificates of identification, embryo certificates, semen certificates and transfers of ownership in respect thereof; and (c) do anything that any association under this Act may lawfully do.
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Ownership and borrowing powers 38 Without restricting the generality of section 37, the Corporation may (a) acquire, hold and dispose of real, personal, movable and immovable property necessary for the carrying out of its business and affairs; (b) borrow money on the credit of the Corporation and draw, make, accept, endorse and execute promissory notes, bills of exchange and other negotiable instruments necessary for the carrying out of its business and affairs; and (c) mortgage or hypothecate, or create any security interest in, all or any property of the Corporation to secure any obligation of the Corporation. R.S., 1985, c. 8 (4th Supp.), s. 38; 2001, c. 4, s. 57
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Use of funds 39 (1) The Corporation may use the funds of the Corporation for any purpose calculated to advance the purpose of the Corporation. Profits (2) Subject to any by-laws providing for the remuneration of the Corporation’s directors, officers and employees, and its agents or mandataries, all profits or accretions of value to the property of the Corporation shall be used in furtherance of the purpose of the Corporation, and no part of the property or profits of the Corporation may be distributed, directly or indirectly, to any member of the Corporation. 1985, c. 8 (4th Supp.), s. 39; 2004, c. 25, s. 3
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Board of Directors 40 (1) There shall be a Board of Directors of the Corporation consisting of seven directors, six of whom are to be elected by the members of the Corporation and one of whom is to be appointed by the Minister to represent the interests of the Minister and breeders and owners of animals of any distinct breed or evolving breed in respect of which there is no association. Eligibility (2) Only a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may be a director of the Corporation. Term of office (3) The term of office of a director elected by the members of the Corporation is two years, except that at the first election of directors, three of the directors shall be elected for a term of one year. Re-election (4) A director elected by the members of the Corporation and whose term of office has expired is eligible for re-election. First directors (5) The first members of the Board of Directors of the Corporation shall be the members of the Canadian National Live Stock Records Committee immediately prior to the coming into force of this Act and terms of office shall expire when members of the Board of Directors of the Corporation are appointed at the first meeting of the members of the Corporation. Re-election (6) A member of the Board of Directors referred to in subsection (5) is eligible for reelection at the meeting referred to in that subsection. First meeting (7) The first meeting of the members of the Corporation shall be held as soon as possible after the day this Act comes into force, but not later than one year after that day, for the purpose of electing directors in accordance with subsection (1) and for such other purpose as the members consider appropriate. R.S., 1985, c. 8 (4th Supp.), s. 40; 2001, c. 27, s. 205
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Chairman 41 The Board shall elect a Chairman from among the directors.
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Duties and powers of Board 42 The Board shall direct and manage the business and affairs of the Corporation and may for those purposes exercise all the powers of the Corporation.
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By-laws 43 (1) The Board shall make by-laws (a) for the administration and management of the business and affairs of the Corporation; (b) respecting the holding of meetings of the Board, the quorum at such meetings and the manner in which questions considered at such meetings shall be determined; (c) respecting the holding of general and special meetings of the members of the Corporation, the quorum at such meetings and the manner in which questions considered at such meetings shall be determined; (d) respecting the appointment, remuneration, powers, functions and duties of employees, and agents or mandataries, of the Corporation; (e) respecting the payment of fees for services performed by the Corporation and establishing the method of determining the amount of those fees; and (f) for the conduct in all other particulars of the business and affairs of the Corporation. When by-law has effect (2) No by-law of the Corporation has any effect until it is approved by the Minister. 1985, c. 8 (4th Supp.), s. 43; 2004, c. 25, s. 4
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General Manager 44 (1) The Board shall appoint a General Manager of the Corporation. Duties (2) The General Manager of the Corporation has, on behalf of the Board, responsibility for the direction and management of the business and affairs of the Corporation, and authority to act in all matters that are not by the by-laws or by resolution of the Board specifically reserved to be done by the Chairman of the Board or the Board itself.
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Membership eligibility 45 (1) Only an association may be a member of the Corporation and every association is eligible to be a member. First members (2) The first members of the Corporation are the associations affiliated under the Canadian National Live Stock Records immediately before the coming into force of this Act.
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Number of votes 46 Each association that is a member of the Corporation shall, for all purposes, have voting rights as follows: (a) where the association has two hundred members or less, one vote; (b) where the association has more than two hundred members but not more than five hundred members, two votes; (c) where the association has more than five hundred members but not more than one thousand members, three votes; (d) where the association has more than one thousand members but not more than one thousand five hundred members, four votes; and (e) where the association has more than one thousand five hundred members, five votes.
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Election of directors 47 (1) The candidates for directors to be elected by the members of the Corporation shall be the persons nominated therefor by the members of the Corporation and the elected directors shall be those nominated persons who receive the largest number of votes. Distribution of votes (2) For the purpose of electing directors, a member of the Corporation with more than one vote may cast its votes in favour of one candidate or distribute them among the candidates in any manner.
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Termination of membership 48 (1) An association shall cease to be a member of the Corporation if (a) the association gives the Corporation notice of its intention to cease being a member at least ninety days prior to the effective date thereof or such longer notice as the by-laws of the Corporation may require; and (b) the association has no outstanding debt owing to the Corporation. Records to be returned (2) Where an association ceases to be a member of the Corporation, the Corporation shall, on request therefor, provide the association with all of the Corporation’s records relating to that association.
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Annual meeting 49 The members of the Corporation shall meet at least once a year.
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Personal liability 50 No member of the Board, General Manager of the Corporation or officer or employee of the Corporation, or other person acting on behalf of the Corporation, is personally liable for any act done in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions or for any default or neglect in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions.
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General Stud and Herd Book 51 (1) The Minister may (a) authorize the Corporation to exercise the powers referred to in section 37 in relation to such distinct breeds and evolving breeds as the Minister, applying scientific genetic principles, may designate and for which there is no association; (b) authorize the Corporation to establish a General Stud and Herd Book for the keeping of pedigree records of the distinct breeds and evolving breeds referred to in paragraph (a); and (c) establish rules of eligibility for registration and identification of animals in the General Stud and Herd Book. Records to be handed over (2) On the incorporation of an association in respect of a distinct breed or evolving breed referred to in subsection (1), the Corporation shall hand over to the association all records that have been kept in relation thereto.
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Inspections 52 (1) The Minister may, at any time, undertake such inspections and examinations of the business and affairs of any association, or of the Corporation, as the Minister deems appropriate, including, without restricting the generality of the foregoing, inspections into and examinations of (a) the manner in which the registration or identification, as the case may be, of animals is carried out by any association or by the Corporation; (b) the manner in which the individual identification of animals is carried out and supervised by any association or by the Corporation; and (c) the private breeding records of any member of an association. Right to require information and documents (2) In the course of an inspection or examination pursuant to subsection (1), the Minister may require any person (a) to furnish any information that, in the opinion of the Minister, the person may be able to furnish in relation to the matter being inspected or examined; and (b) to produce, for examination by the Minister, any document, paper or thing that, in the opinion of the Minister, relates to the matter being inspected or examined and that may be in the possession or under the control of that person. Return of document, etc. (3) Any document, paper or thing produced by any person pursuant to this section shall be returned to that person by the Minister within ten days after a request is made to the Minister by that person, but nothing in this section precludes the Minister from again requiring its production in accordance with this section. Right to make copies (4) The Minister may make copies of any document, paper or thing produced pursuant to this section. Right to enter (5) For the purposes of this section, the Minister may, at any reasonable time, enter any premises occupied by any association or by the Corporation and carry out therein an inspection or examination. Warrant required to enter dwelling-house (6) Where the premises referred to in subsection (5) are a dwelling-house, the Minister or any person acting on the Minister’s behalf may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (7). Authority to issue warrant (7) Where on ex parte application a justice of the peace is satisfied by information on oath (a) that entry to the dwelling-house is necessary for any purpose related to the carrying out of an inspection or examination, and (b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused, the justice may issue a warrant under the justice’s hand authorizing the Minister or a person acting on the Minister’s behalf and named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.
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Inquiries 53 The Minister may appoint a person to hold an inquiry into the manner in which any association is or has been conducting its business, and every person so appointed has, for the purposes of the inquiry, all the powers of a commissioner under Part I of the Inquiries Act .
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Powers of Minister 54 On the conclusion of an inspection or examination pursuant to section 52 or an inquiry under section 53, the Minister may take, or may, by order, direct any association or the Corporation to take, such action as the Minister considers necessary.
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Directions to associations 55 On being satisfied that an association has for any period failed to conduct its business and affairs in accordance with the provisions of its by-laws or this Act, or has failed for a period of twelve months to carry on its business and affairs, the Minister may, by order, make such direction to the association as seems proper to the Minister in the interest of the association’s purpose.
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Failure to comply 56 Where a direction of the Minister under section 54 or 55 contains a time limit and an association fails to carry out the direction within that time limit, the Minister may take over the property and carry on the business and affairs of the association for such time as the Minister considers appropriate.
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Regulations 57 The Minister may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations (a) prescribing anything that by this Act is to be prescribed; and (b) respecting the dissolution of associations under this Act.