(Consolidated up to 243/2007)

ALBERTA REGULATION 256/91

Livestock Industry Diversification Act

LIVESTOCK INDUSTRY DIVERSIFICATION
(MINISTERIAL) REGULATION

Table of Contents

                1       Interpretation

             1.1       Interpretation - domesticated condition

             1.2       Delegation of operator powers and duties

Licences

                2       Fees

                3       Form

Registration and Identification

             3.1       Dates for registration and identification

                4       Registration

                5       Mode of identification

                6       Other identification provisions

Containment

                7       Minimum area

Exit from Farm

             7.1       Exceptions to s15(1) of the Act

Records and Reports

                8       Records

                9       Reports

Slaughter

              10       Permitted slaughter

              11       Humaneness of killing

Antler Provisions

              12       Removal

              13       Tagging of antler

           14.1       Operator’s duties

              15       Report on collection of velvet antlers

           15.1       Expiry

Interpretation

1(1)  In this Regulation,

                                 (a)    “antlers” means the antlers of a present or prospective domestic cervid;

                                 (b)    “velvet antlers” means immature antlers at less than 100 days of growth.

(2)  Definitions applicable in the Livestock Industry Diversification (Principal) Regulation (Alta. Reg. 255/91) apply also to this Regulation. 

AR 256/91 s1;244/2005

Interpretation ‑ domesticated condition

1.1   There are no circumstances or purposes prescribed by the Minister for the purposes of section 1(3) of the Act.

AR 244/2005 s3

Delegation of operator powers and duties

1.2(1)  An operator may delegate to an individual whom the operator has placed in charge of the farm in the operator’s temporary absence any specific powers or duties conferred or imposed on the operator by any provision of the Act or this Regulation except the killing of a domestic cervid pursuant to

                                 (a)    section 22(1)(b) of the Act, or

                                 (b)    section 10 (to effect a sale authorized by section 23 of the Act).

(2)  Nothing in subsection (1) relieves the operator from any liability imposed by the Act or this Regulation.

AR 244/2005 s3

Licences

Fees

2(1)  The fee for a licence is $100. 

(2)  Where a licence (including a renewed licence) is made subject to conditions that require further inspection by the Minister before the conditions are removed from the licence,

                                 (a)    a fee for administration of $150, which includes the cost of that inspection, is payable in respect of the licence, and

                                 (b)    further conditions of the licence are that

                                           (i)    the licensee will attempt to meet the conditions, will arrange the further inspection and will attempt to have the conditions removed from the licence

                                                 (A)    within 3 months of the imposition of the conditions or, where the conditions remained in force after an inspection, after the previous inspection, or

                                                  (B)    if applicable, within such other period as is specified in the licence itself,

                                             and

                                          (ii)    if the conditions are considered not to have been met following an inspection, a further administration fee of $150 is payable for each subsequent inspection.

AR 256/91 s2;94/99;244/2005

Form

3   Licences shall be issued in the form required by the Director.

AR 256/91 s3;244/2005

Registration and Identification

Dates for registration and identification

3.1   The dates prescribed for the purposes of section 11(2) of the Act are,

                                 (a)    in respect of elk, the end of the calendar year in which the progeny was born, and

                                 (b)    in respect of animals other than elk, the end of March following its birth.

AR 244/2005 s6

Registration

4   An operator effects registration of an animal by providing to the Director a completed registration form in the form required by the Director.

AR 256/91 s4

Mode of identification

5   An animal is identified, for the purposes of the Act and this Regulation, if

                                 (a)    it is tagged in each ear with an ear-tag provided for those purposes by the Director,

                                 (b)    the identifying figures or letters on neither of the ear-tags are defaced or altered, and

                                 (c)    other ear-tags, brands or modes of identification, if any, on the animal do not interfere with either of the ear-tags.   

AR 256/91 s5

Other identification provisions

6(1)  Where an ear-tag becomes separated from a present or prospective domestic cervid or is otherwise lost, the operator shall notify the Director of that fact within 7 days of discovery of the separation or loss and the Director, on being satisfied that the separation or loss has occurred, shall provide the operator with a replacement tag in the form decided by the Director.

(2)  On receipt of the replacement tag or tags, the operator shall forthwith re-tag the animal.

(3), (4)  Repealed AR 244/2005 s7.

AR 256/91 s6;244/2005

Containment

Minimum area

7(1)  The aggregate area to be enclosed by a farm’s enclosures, pens and handling facilities referred to in section 14 of the Act must be not less than 10 acres.

(2)  Subsection (1) does not apply with respect to a farm

                                 (a)    that does not contain any domestic cervids that have been born, and

                                 (b)    in or for which

                                           (i)    animal semen is collected or processed and a permit has been issued under the Health of Animals Act (Canada), or

                                          (ii)    ova or embryos are collected or processed.

(3)  Repealed AR 244/2005 s8.

AR 256/91 s7;94/99;244/2005

Exit from Farm

Exceptions to s15(1) of the Act

7.1   The exceptions prescribed for the purposes of section 15(1) of the Act are where

                                 (a)    an animal is taken to a veterinary clinic for veterinary treatment, and

                                 (b)    an animal that is not yet weaned is taken to another farm for the purpose of facilitating its bottle feeding.

AR 244/2005 s9

Records and Reports

Records

8   An operator shall, in respect of present and prospective domestic cervids on the farm, keep up-to-date records, in the form required by the Director, of all acquisitions and dispositions, including births and deaths, and shall keep all receipts evidencing, or any other written evidence of, any such transactions or events.

AR 256/91 s8;244/2005

Reports

9(1)  An operator shall submit to the Director a completed report itemizing farm inventories in the form provided by the Director,

                                 (a)    in the case of elk, as of the end of the calendar year, on or before January 31 in the following year,

                                 (b)    in the case of all other animals, as of the end of March, on or before April 30 following,

                                 (c)    in the case of a farm referred to in section 7(2), on or before March 31 in each year, and

                                 (d)    in the case of velvet antler, on or before October 31 in each year.

(2)  Where there is any change in the farm inventory previously reported under this section, the operator shall report the change to the Director within 30 days after the change.

AR 256/91 s9;94/99;244/2005

Slaughter

Permitted slaughter

10   The circumstances prescribed for the purposes of section 22(1)(c) of the Act are where the killing is reasonably incidental to the operation of a domestic cervid production farm and the operator kills the domestic cervid on the farm for the purpose of enabling that operator to effect a sale authorized by section 23 of the Act.

AR 256/91 s10;205/2000;244/2005

Humaneness of killing

11   Notwithstanding anything in this Regulation, a person who is authorized by the Act or this Regulation to kill an animal shall do so in a humane manner.

AR 256/91 s11;139/92;205/2000;244/2005

11.1   Repealed AR 244/2005 s11.

Antler Provisions

Removal

12(1)  No person may remove velvet antler from a domestic cervid except

                                 (a)    a registered veterinarian within the meaning of the Veterinary Profession Act or a person under the direct supervision of a registered veterinarian, or

                                 (b)    an operator who has been certified by the Alberta Elk Commission and who removes or intends to remove velvet antler from that operator’s domestic cervids.

(2)  An operator must ensure that velvet antler is removed humanely in accordance with the standards set out in the Velvet Antler Removal Certification Program as developed and approved by the Alberta Elk Commission and the Alberta Veterinary Medical Association.

(3)  An operator referred to in subsection (1)(b) shall comply with all the terms and conditions of the certification referred to in that clause or on which that certification was given.

AR 256/91 s12;152/93;94/99;205/2000;244/2005

Tagging of antler

13(1)  A person removing velvet antler from a domestic cervid shall ensure that that antler

                                 (a)    is immediately tagged with a tag approved or provided by the Director for that purpose in a manner acceptable to the Director, and

                                 (b)    remains so tagged until the time specified in subsection (3) or until that person lawfully ceases to be in possession of the antler, whichever event occurs first.

(2)  A person who comes into possession of hard antler removed from a domestic cervid with the skull or the skull plate, or both, attached shall ensure that that antler

                                 (a)    is immediately tagged with a tag approved or provided by the Director for that purpose in a manner acceptable to the Director, and

                                 (b)    remains so tagged until the time specified in subsection (3) or until that person lawfully ceases to be in possession of the antler, whichever event occurs first.

(3)  A person shall not remove a tag affixed in accordance with subsection (1) or (2) before the antler

                                 (a)    is exported from Alberta, or

                                 (b)    is lawfully altered by a licensed operator who is specifically authorized by the licence to alter the antler in the manner specified on the licence,

whichever occurs first.

(4)  Notwithstanding subsection (2), cut hard antler is not required to be tagged under that subsection.

AR 256/91 s13;244/2005

14   Repealed AR 244/2005 s13.

Operator’s duties

14.1   A person who processes velvet antler that is required to be tagged under section 13 shall ensure that the following is complied with:

                                 (a)    the tags that are removed from the antlers must be recorded in a manner satisfactory to the Director;

                                 (b)    before processing,

                                           (i)    the antlers must be assigned to a batch or lot that is numbered and dated,

                                          (ii)    the tag numbers of the antlers that make up a batch or lot must be recorded, and

                                         (iii)    the total weight of dried, whole antler going into each batch or lot must be recorded, and if any other ingredient is added to the antlers before or during processing, the weight of that ingredient must also be recorded,

                                          in a manner satisfactory to the Director;

                                 (c)    the total weight of ground, sliced and whole antler product resulting from processing must be recorded in a manner satisfactory to the Director;

                                 (d)    processed product that is to be sold at retail must be packaged in a tamper‑proof sealed container;

                                 (e)    each container containing processed product must bear the batch or lot number assigned under clause (b)(i) to the antlers used to make the processed product.

AR 307/94 s2;244/2005

Report on collection of velvet antlers

15(1)  On or before October 31 in the year in which velvet antlers are collected, an operator shall submit to the Director a report in the form required by the Director respecting the collection.

(2)  Repealed AR 244/2005 s15.

AR 256/91 s15;94/99;244/2005

Expiry

15.1   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on October 31, 2010.

AR 243/2007 s9

16, 17   Repealed AR 244/2005 s16.

Schedules 1, 2   Repealed AR 244/2005 s17.

Schedule 3   Repealed AR 205/2000 s6.