|This archived statute consolidation is current to November 8, 1991 and includes changes enacted and in force by that date.|
Assented to June 27, 1980
|2.||Use of registered brand|
|5.||Power of inspectors|
|6.||Board of Brand Commissioners and appeal|
|10.||R.S.B.C. 1979, c. 241|
|11.||R.S.B.C. 1979, c. 44|
|12.||R.S.B.C. 1979, c. 246|
1. In this Act
"board" means the Board of Brand Commissioners;
"brand" means a symbol, letter or numeral impressed or to be impressed on the hide of livestock to indicate ownership and, in the case of game, means any permanent identification including a tattoo;
"buy" or "sell" includes offering to do so;
"game" means game as defined in the Game Farm Act that is being raised for agricultural purposes under a licence issued pursuant to that Act;
"hide" means the untanned skin of livestock;
"hide dealer" means a person who buys or sells hides or has hides in his possession for sale;
"identification brand" means a symbol, letter or numeral impressed or to be impressed on the hide of livestock for a purpose other than to indicate ownership;
(a) an inspector appointed under the Ministry of Agriculture and Food Act,
(b) a provincial constable or special provincial constable, and
(c) any other person or class of persons designated by the minister;
"livestock" means cattle, horses and game and includes other animals designated by regulation as livestock for the purposes of all or part of this Act or the regulations;
"livestock dealer" means a person who, directly or as an agent, buys or sells livestock or has livestock in his possession for sale but does not include a person who resides in the Province and who transacts business that arises directly from his ranching or farming operation;
"meat" means the whole or part of a carcass of livestock but does not include the hide;
"recorder" means the Recorder of Brands appointed under the Public Service Act;
"register" means the register of brands;
"registered brand" means a brand registered under this Act;
"registered owner" means a person in whose name a brand is registered;
"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 is slaughtered or held for slaughter.
Historical Note(s): 1980-25-1; 1990-48-14.
2. A registered brand is the property of the registered owner, and he has the exclusive right to its use.
Historical Note(s): 1980-25-2.
3. (1) No person shall carry on business as a hide dealer unless he is licensed under this Act to do so.
(2) No person shall slaughter livestock for food for animals or for human consumption unless he is licensed under this Act to operate a slaughterhouse.
(3) No person shall carry on business as a livestock dealer unless he is licensed under this Act to do so.
(4) An application for a licence together with the prescribed fee shall be made to the recorder in accordance with the regulations, and the regulations may determine the qualifications for holding, and the conditions attached to, a licence or class of licence.
Historical Note(s): 1980-25-3.
4. Where the recorder believes that a licensee has contravened this Act or the regulations or has done or failed to do something that the recorder considers inconsistent with the responsibilities of a licensee, the recorder may suspend or cancel the licensee's licence.
Historical Note(s): 1980-25-4.
5. (1) An inspector may, for the purpose of carrying out his duties under this Act and the regulations,
(a) after taking reasonable steps to notify the owner or occupant or agent of either of them, enter land or a vehicle or, during normal business hours, a building other than a building or part of a building that is used for residential purposes,
(b) inspect livestock, a carcass or a hide for evidence of a brand, ownership or purchase,
(c) stop a vehicle he believes contains livestock, meat or hides and, where he
(i) believes this Act or the regulations are being contravened, or
(ii) is not satisfied about the ownership of the livestock, meat or hides,
detain a shipment of livestock, meat or hides, and the vehicle containing it, at the owner's risk and expense and direct the shipment and the vehicle to a place he designates,
(d) where he believes livestock is being transported contrary to the Animal Disease Control Act or the Animal Disease and Protection Act (Canada), stop and detain the livestock and a vehicle containing it, at the owner's risk and expense and direct it and the vehicle to a place he designates,
(e) notwithstanding the Motor Vehicle Act, operate a vehicle equipped with a flashing light or siren, or both,
(f) seize and remove livestock, meat or hides where he believes they are being kept, driven, removed or shipped contrary to this Act or another enactment of the Province or of Canada or where he is not satisfied about the ownership,
(g) take into custody livestock that appears to be abandoned,
(h) in accordance with the regulations, dispose of livestock, meat or hides that have been seized, detained or otherwise taken into custody, and
(i) require for inspection the presentation of records relating to livestock, meat or a hide.
(2) The Lieutenant Governor in Council may prescribe additional powers to be exercised by an inspector.
(3) Nothing in this section affects the right of a person to take action in respect of a negligent act or omission of a person acting under this section.
Historical Note(s): 1980-25-5; 1988-31-13.
6. (1) The minister shall appoint a Board of Brand Commissioners whose members shall serve without remuneration but the members are entitled to be reimbursed for reasonable and necessary travel and living expenses incurred in the performance of their duties.
(2) An appeal lies to the board from a decision of the recorder under this Act or the regulations.
(3) The board may make an order granting or refusing the appeal and may modify the decision of the recorder in a manner it considers appropriate.
(4) Where the board is unable to agree by majority vote with respect to the disposition of an appeal, the appeal shall be deemed to be granted and the decision of the recorder is quashed.
Historical Note(s): 1980-25-6.
7. (1) A certificate signed by an inspector or the recorder respecting a matter or thing for which he is responsible under this Act or the regulations is evidence of the facts stated in the certificate concerning the matter or thing.
(2) An unexpired brand certificate is evidence that the person indicated on the certificate is the registered owner.
(3) A brand appearing on livestock is evidence that the registered owner of the brand is the owner of the livestock.
(4) In a prosecution under this Act or the regulations a bill of sale made under a requirement of this Act or the regulations is evidence that the livestock described in the bill of sale was bought by the buyer or owner named in the bill of sale.
Historical Note(s): 1980-25-7.
8. (1) A person who
(a) brands livestock with
(i) an unregistered brand,
(ii) a brand other than that of the owner of the livestock, or
(iii) an identification brand not authorized by the regulations,
(b) unlawfully has in his possession livestock branded with an unregistered brand, with an unauthorized identification brand or with a brand other than that of the owner of the livestock,
(c) alters, defaces or obliterates a brand or identification brand on livestock or a hide,
(d) at the request of an inspector refuses to stop a vehicle under the person's control or who otherwise disobeys a direction or order given by an inspector under this Act,
(e) slaughters livestock unless he has a licence to operate a slaughterhouse or slaughters cattle in a place other than a slaughterhouse,
(f) carries on business as a livestock dealer or hide dealer without a licence,
(g) removes the hide from livestock, unless he is the owner or a person authorized by him or is an inspector,
(h) wilfully hinders or interferes with an inspector in the performance of his duty,
(i) presents livestock for inspection without authority of the owner, or
(j) describes livestock or brands incorrectly on a bill of sale,
commits an offence and is liable to a fine not exceeding $2 000.
(2) In a prosecution for an offence
(a) of branding livestock with a brand other than that of the livestock owner, the onus of proving that the defendant is the owner of the livestock is on the defendant, or
(b) under subsection (1) (b), the onus of proving that the defendant is in lawful possession is on the defendant.
Historical Note(s): 1980-25-8.
9. (1) The Lieutenant Governor in Council may make regulations.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) the establishment of a system for the registration of brands and use of identification brands by the recorder including
(i) a register and the interests that may be registered,
(ii) brand certificates,
(iii) the refusal to register, and the expiry, renewal, cancellation and transfer of registration, and
(iv) the powers and duties of the recorder,
(b) branding of livestock including
(i) the location of brands on livestock, and the regulations may prescribe different brand locations for different kinds of livestock, and
(ii) the types or classes of livestock that must be branded in all or part of the Province,
(c) the duties of inspectors,
(d) the establishment, constitution, membership, powers and procedures of the board,
(e) dealings in livestock and hides,
(f) brand inspection of livestock and hides,
(g) movement of livestock, hides and meat,
(h) slaughter of livestock,
(i) preservation of brand marks, ear tags, back tags or other livestock identification systems and of the hide of the livestock carcass for the purpose of inspection,
(j) particulars of brands or other information or records to be delivered, kept or obtained on a sale, delivery or slaughter of livestock or on a sale of hides,
(k) records to be kept and made available by a person slaughtering livestock or dealing in livestock, hides or meat,
(l) the exemption of a person or class of persons from all or part of this Act or the regulations,
(m) fees for registration, licences, inspection or other services under this Act or the regulations,
(n) power of the recorder to amend or substitute for prescribed forms,
(o) responsibility for the maintenance of livestock while the livestock is awaiting inspection or while it is detained by an inspector,
(p) rights of a person to inspect livestock being driven on land other than land of the livestock owner,
(q) responsibilities of a person who while transporting livestock finds livestock belonging to another person mixed with his livestock, and
(r) inspection of livestock by an inspector and the issue of an inspection certificate.
Historical Note(s): 1980-25-9.
11. The Cattle Horn Act is amended
(a) by repealing the definition of "dealer" in section 1 and substituting the following:
"dealer" means a person licensed as a livestock dealer under the Livestock Brand Act; ,
(b) by repealing section 9.
Historical Note(s): 1980-25-11.
12. Section 2 (2) of the Livestock Public Sale Act is amended by striking out "stockdealer" and substituting "livestock dealer".
Historical Note(s): 1980-25-12.
[Editorial Note(s): Act proclaimed in force February 20, 1981, B.C. Reg. 68/81, Part II Gazette Vol. 24, p. 131.]
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