LIVESTOCK INDUSTRY
DIVERSIFICATION ACT

Chapter L‑17

Table of Contents

                1       Interpretation

Administration

                2       Director and inspectors

                3       Terms and conditions of permissions, etc.

Licensing of Domestic Cervid Production Farms

                4       Requirement for licence

                5       Application for licence

                6       Issue or refusal of licence

                7       Cancellation of licence

                8       Appeal against refusal or cancellation

                9       Effect of cancellation

              10       Terms and conditions of licence

Operation of Domestic Cervid Production Farms

              11       Identification and registration of animals

              12       Restriction on animal species on farm

              13       Separation of live authorized animals from others

           13.1       Release into the wild

              14       Containment

              15       Entry to and exit from farm

              16       Animal records and reports

              17       Condition of farm and humane care of animals

              18       Diseased animals

           18.1       Transportation

              19       Importation of animals

Matters Related to Domestic Cervid Production Farming

              20       Liability for trespassing animals

              21       Sale of live prospective domestic cervids

              22       Slaughter of domestic cervids

              23       Sale of non‑meat parts or products

              24       Sale of meat of non‑prescribed animal

Miscellaneous

              25       Compensation

              26       Entry and inspection

              27       Hindrance or obstruction

              28       Signs and notices

              29       False or misleading information

              30       Offences and penalties

              31       Limitation of time for prosecution

              32       Vicarious liability

              33       Lieutenant Governor in Council regulations

              34       Ministerial regulations

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation

1(1)  In this Act,

                                 (a)    “abattoir” means an abattoir or establishment within the meaning of the Meat Inspection Act;

                                 (b)    “authorized present or prospective domestic cervid” means, in relation to a domestic cervid production farm, a domestic cervid or a prospective domestic cervid, as the case may be, of a species whose retention on the farm is specifically authorized by the farm licence or is authorized by section 12(b);

                                 (c)    “Court” means the Court of Queen’s Bench;

                                 (d)    “Director” means the Director of the Livestock Development Division of the Department administered by the Minister, and includes a person to whom that Director delegates functions under section 2(1);

                              (d.1)    “domestic cervid” or “present domestic cervid” means a wildlife animal of a prescribed species that does not belong to the Crown, that is identified and registered and that is in a domesticated condition in Alberta, but does not include any of its exuviated parts;

                                 (e)    “domestic cervid production farm” or “farm” means a place where live domestic cervids are or, if a licence is granted, will be kept, but does not include a veterinary clinic, abattoir, temporary holding facility or any other place where live domestic cervids are kept for some temporary purpose only;

                                  (f)    repealed 2003 c26 s2;

                                 (g)    “identified” means identified pursuant to regulations made with reference to section 11(6);

                                 (h)    “inspector” means an individual appointed as an inspector under section 2(2);

                                  (i)    “licence” means a licence under this Act authorizing the operation of a domestic cervid production farm;

                                  (j)    “meat” means the flesh or any product of the flesh of a dead present or prospective domestic cervid;

                                 (k)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                                  (l)    “operator” means, in relation to a domestic cervid production farm, a person who holds or is required by this Act to hold a licence authorizing the operation of the farm, or a former licensee whose farm is being operated pursuant to section 9;

                                (m)    “person” includes a partnership or other unincorporated group of persons;

                                 (n)    “prospective domestic cervid” means a species animal that is not a domestic cervid, that is in a domesticated condition and

                                           (i)    that is registered or identified or respecting which there exists evidence of a reasonably and lawfully held intention to register or identify it,

                                          (ii)    that is a domestic cervid except only that it is in a domesticated condition elsewhere than in Alberta, or

                                         (iii)    that does not belong to the Crown and is progeny of a female present or prospective domestic cervid;

                                 (o)    “registered” means registered pursuant to regulations made with reference to section 11(6);

                                 (p)    “species” includes subspecies;

                                 (q)    “species animal”

                                           (i)    where the phrase is used in a provision that relates to a domestic cervid production farm, means any wildlife animal of the same species as an authorized present or prospective domestic cervid, and

                                          (ii)    otherwise means any wildlife animal of the same species as any domestic cervid,

                                          whether or not that animal is a present or prospective domestic cervid.

(2)  Expressions used in this Act that are defined or are the subject of interpretation provisions in the Wildlife Act and are not defined in this Act have the meanings assigned to them in the Wildlife Act.

(3)  For the purposes of this statute, a species animal is in a domesticated condition if it is in circumstances prescribed by the Minister and

                                 (a)    in the case of an animal in Alberta, it is

                                           (i)    held on a domestic cervid production farm,

                                          (ii)    being lawfully transported within Alberta,

                                         (iii)    held at a veterinary clinic, or at an abattoir pending slaughter, or

                                         (iv)    held at a temporary holding facility for some temporary purpose only,

                                          in a captive state for the purpose or the ultimate purpose of reproduction, sale as breeding stock or as meat or the sale of prescribed parts of it or any other purpose prescribed by the Minister, or for any combination of those purposes and, if it was ever outside Alberta, it was on each occasion lawfully imported into Alberta and lawfully exported from the outside jurisdiction, or

                                 (b)    in the case of an animal outside Alberta, it is

                                           (i)    on premises, other than a zoo, that the Minister considers to be the equivalent in the jurisdiction in question to a domestic cervid production farm,

                                          (ii)    being lawfully transported in a captive state for any such purpose,

                                         (iii)    held at a veterinary clinic, or

                                         (iv)    held at a temporary holding facility for some temporary purpose only,

and if the animal has been held in one or more of the conditions referred to in clause (a) or (b) or a combination of those conditions for the whole of its life.

(4)  Notwithstanding subsection (3), a species animal to which subsection (3)(a) applies does not cease to be in a domesticated condition if it escapes and is recaptured within the period referred to in section 60(2)(b) of the Wildlife Act.

RSA 2000 cL‑17 s1;2003 c26 ss2,3,16

Administration

Director and inspectors

2(1)  The Director may delegate all or any of the Director’s powers and duties under this Act to an employee of the Crown working in the Department administered by the Minister.

(2)  The Minister may in writing appoint individuals as inspectors for the purpose of assisting the Director in the administration of this Act.

1990 cL‑22.7 s2;1994 cG‑8.5 s88

Terms and conditions of permissions, etc.

3(1)  A permission, order or other decision of the Minister or the Director pursuant to this Act may be made subject to any terms and conditions that the Minister or Director considers appropriate.

(2)  A person shall not contravene any term or condition imposed under subsection (1).

1990 cL‑22.7 s3

Licensing of Domestic Cervid
Production Farms

Requirement for licence

4(1)  A person shall not operate a domestic cervid production farm unless its operation is authorized by a licence.

(2)  A person is not eligible to acquire or to hold a licence unless

                                 (a)    the person holds an estate in land comprising or including the area on which the farm will be or is situated and that estate is registered under the Land Titles Act,

                                 (b)    the person holds Metis title, provisional Metis title, an allotment or a leasehold interest in land comprising or including the area on which the farm will be or is situated and that interest is registered in the Metis Settlements Land Registry, or

                                 (c)    the person is in possession of that land under written arrangements made with the person referred to in clause (a) or (b) who would otherwise be in possession of it and a copy of those arrangements has been provided to the Director.

RSA 2000 cL‑17 s4;2003 c26 s16

Application for licence

5(1)  A person wishing to apply for a licence must apply to the Director in the form provided by the Director.

(2)  The Director may, by notice in writing, require the applicant to provide to the Director any further information about the farm or its proposed operation that the Director considers necessary to enable the Minister to determine whether the application should be granted or refused and the appropriate terms and conditions, if any, to attach.

1990 cL‑22.7 s5

Issue or refusal of licence

6(1)  The Minister shall issue a licence to the applicant respecting the farm specified in the application if and only if

                                 (a)    the applicant is eligible under section 4(2),

                                 (b)    the applicant has complied with section 5(1) and with any notice under section 5(2),

                                 (c)    the Minister considers that the farm and its proposed operation, as specified in the application, would conform with this Act,

                              (c.1)    the applicant satisfies the Minister that the farm contains no live species animals that are not authorized present or prospective domestic cervids,

                                 (d)    the Minister considers that the application accurately reflects the actual or proposed circumstances respecting the farm, and

                                 (e)    the applicant pays the fee prescribed by the Minister.

(2)  A licence must be in the form prescribed by the Minister and must specify the precise location of the farm.

(3)  The Minister shall not issue a licence authorizing the operation of a farm or any part of a farm on land belonging to the Crown that is

                                 (a)    under the administration of the Minister responsible for the Public Lands Act, or

                                 (b)    under the administration of the Minister responsible for the Special Areas Act and within a special area constituted under that Act.

(4)  The Minister may endorse any terms and conditions on the licence, and the rights attached to the licence are subject to those terms and conditions and to any other terms and conditions of the licence that are prescribed by the Minister.

(5)  A licence may not be transferred by its holder to any other person.

(6)  A licence expires on March 31 following the date of its commencing to have effect.

(7)  The Minister shall forthwith notify the applicant in writing, with reasons, if the Minister refuses a licence.

RSA 2000 cL‑17 s6;2003 c26 s4

Cancellation of licence

7(1)  The Minister may, by giving notice in writing to the licensee, cancel a licence if the Minister is satisfied that the licensee has contravened or permitted the contravention of any provision of this Act, the Wildlife Act, the Meat Inspection Act, the Meat Inspection Act (Canada), the Livestock Identification and Brand Inspection Act, the Livestock and Livestock Products Act, the Livestock Identification and Commerce Act, the Animal Health Act, the Animal Protection Act or any regulations under any of those Acts.

(2)  The Minister may cancel a licence on the written request of the licensee.

RSA 2000 cL‑17 s7;2006 cL‑16.2 s99;2007 cA‑40.2 s75

Appeal against refusal or cancellation

8(1)  A person whose application for a licence has been refused or whose licence has been cancelled under section 7(1) may appeal the refusal or cancellation by serving the Minister with a notice of appeal within 30 days after being notified of the refusal or cancellation.

(2)  The Minister shall, within 30 days after being served with the notice of appeal, appoint an appeal board consisting of not fewer than 3 and not more than 5 persons to hear the appeal.

(3)  The Minister shall designate one of the members of the appeal board to be its chair.

(4)  The Minister may specify in writing the time within which the appeal board is to hear the appeal and give a decision, and the Minister may extend that time.

(5)  The appeal board may, by order,

                                 (a)    confirm the refusal to issue a licence or the cancellation of a licence,

                                 (b)    direct that the application for a licence be approved, or

                                 (c)    reinstate a cancelled licence for the duration of the licence year,

and the appeal board shall forthwith notify the Minister and the appellant of its decision.

(6)  The Minister or the applicant or former licensee may appeal the decision of the appeal board by filing an originating notice with the Court within 30 days after being notified in writing of the decision, and the Court may make any order that an appeal board can make under subsection (5).

(7)  The Minister may pay reasonable fees and expenses to any members of the appeal board who are not employees of the Crown.

(8)  An appeal under this section does not operate as a stay of the decision appealed against.

1990 cL‑22.7 s8

Effect of cancellation

9(1)  Notwithstanding section 4(1), where a licence has been cancelled under section 7(1), the farm may continue to be operated without a licence for 3 months after the effective date of the cancellation, but only to the extent that is necessary to allow the orderly liquidation of the farm operation.

(2)  The Minister may, on the written application of the former licensee, in writing extend the initial 3‑month period referred to in subsection (1) for one further period of up to 3 months where the Minister considers that circumstances justify an extension, but no further extensions are permitted.

1990 cL‑22.7 s9

Terms and conditions of licence

10   An operator shall not contravene any of the terms or conditions of

                                 (a)    the licence, or

                                 (b)    where the farm is being operated pursuant to section 9, the licence in force immediately before its cancellation.

1990 cL‑22.7 s10

Operation of Domestic Cervid
Production Farms

Identification and registration of animals

11(1)  Where a live authorized prospective domestic cervid is brought onto a farm, the operator shall, within 30 days from that time, have it

                                 (a)    registered, and

                                 (b)    unless it is progeny that is not yet weaned, identified.

(2)  Subject to subsection (1), an operator shall have live progeny born to a female authorized present or prospective domestic cervid registered and identified before the dates prescribed by the Minister.

                          (a), (b)    repealed 2003 c26 s5.

(3)  Where there is a live authorized prospective domestic cervid on a farm under any circumstances other than those described in subsections (1) and (2), the operator shall have it registered and identified at the earliest practicable time.

(4)  Notwithstanding anything in this section, an operator shall not have a prospective domestic cervid

                                 (a)    registered or identified unless it is then held in a domesticated condition on the farm,

                                 (b)    registered or identified if it is then in quarantine or in isolation on the farm under this Act or any other law, or

                                 (c)    identified if it then belongs to the Crown.

(5)  Where registration or identification, or both, are delayed by virtue of the application of subsection (4)(b), the operator shall have the animal registered or identified, or both, within 30 days after the end of the period of quarantine or isolation.

(6)  Registration and identification required by this section shall be effected in accordance with the requirements prescribed by the Minister.

(7)  Neither registration nor identification affects the ownership of a present or prospective domestic cervid.

RSA 2000 cL‑17 s11;2003 c26 ss5,16

Restriction on animal species on farm

12   An operator shall not permit a present or prospective domestic cervid to be held on the domestic cervid production farm unless

                                 (a)    the farm licence specifically authorizes animals of the species to which that animal belongs to be kept on the farm, or

                                 (b)    where the farm is being operated pursuant to section 9, the farm licence, immediately before its cancellation, specifically authorized animals of the species to which that animal belongs to be kept on the farm.

RSA 2000 cL‑17 s12;2003 c26 ss6,16

Separation of live authorized animals from others

13(1)  An operator shall make reasonable efforts to ensure that live authorized present and prospective domestic cervids on the domestic cervid production farm are kept there and that other live species animals are kept off the farm.

(2)  If a live species animal that is not an authorized present or prospective domestic cervid is found on a farm, the operator shall forthwith notify a wildlife officer appointed under section 1.1(1) of the Wildlife Act of that fact.

(3)  Subsection (1) does not apply to domestic cervids lawfully taken off the farm.

RSA 2000 cL‑17 s13;2002 c30 s21;2003 c26 ss7,16

Release into the wild

13.1   A person shall not wilfully or negligently release a live domestic cervid from its domesticated condition.

2003 c26 s8

Containment

14   An operator shall ensure that the operator’s farm at all times has enclosures, pens and handling facilities that

                                 (a)    so far as practicable, are capable of ensuring that live authorized present and prospective domestic cervids in them are kept inside them and other live species animals are kept outside them, and

                                 (b)    conform to the requirements prescribed by the Minister.

RSA 2000 cL‑17 s14;2003 c26 s16

Entry to and exit from farm

15(1)  Except as prescribed by the Minister, an operator shall not allow a live prospective domestic cervid to leave the farm.

(2)  A former licensee whose licence has been cancelled under section 7(1) shall not allow

                                 (a)    any present or prospective domestic cervids into, or

                                 (b)    any domestic cervids out of,

the farm without the written permission of the Director.

RSA 2000 cL‑17 s15;2003 c26 ss9,16

Animal records and reports

16(1)  An operator shall keep the records prescribed by the Minister of all present and prospective domestic cervids kept on the farm, including records of births and deaths.

(2)  An operator shall submit reports about the farm and the present and prospective domestic cervids kept there to the Director in the form and at the intervals prescribed by the Minister.

(3)  The Director may, by notice in writing, require an operator to submit to the Director, within the time and in the form or manner stated in the notice,

                                 (a)    any information required by the notice that relates or is incidental to the farm operation or to the animals on the farm,

                                 (b)    any information pertaining to any records that relate to that operation or those animals and that are sufficiently described in the notice to enable their identification, and

                                 (c)    any samples or specimens specified in the notice.

(4)  The operator shall comply with the notice, but may comply with a notice under subsection (3)(b) by permitting an inspector to inspect the records to which the notice relates and, on the request of that inspector, to take them away for further examination or copying.

(5)  A record taken away under subsection (4) shall be returned to the operator within 7 days after it was taken or within any longer period that the Court directs for cause or that is agreed to by the operator.

(6)  An application to the Court under subsection (5) is to be made on notice to the operator.

RSA 2000 cL‑17 s16;2003 c26 s16

Condition of farm and humane care of animals

17   An operator shall

                                 (a)    maintain the operator’s farm in a clean and sanitary condition, and

                                 (b)    employ reasonable and generally accepted practices of animal management and husbandry in the treatment of all present and prospective domestic cervids.

RSA 2000 cL‑17 s17;2003 c26 s16

Diseased animals

18(1)  Where the Director has reason to believe that there is on a farm a species animal described in section 1(1)(q)(ii) that has contracted a contagious or infectious disease or any other condition that may be hazardous to other animals or humans, the Director may in writing order the whole or a part of the farm into quarantine and may post quarantine notices on the entrances to the farm and to affected parts of the farm and on its enclosures.

(2)  A person shall not, during the period of the quarantine, remove any animal from the quarantined farm or part of the farm except with the written permission of the Director.

(3)  The quarantine ends when

                                 (a)    the Director gives written notice to the operator that the quarantine order under subsection (1) is revoked, or

                                 (b)    the quarantine order expires.

(4)  The Minister may order the impoundment, slaughter or destruction of, or any other action the Minister considers appropriate to be taken respecting, a species animal the Minister considers to be infected with a contagious or infectious disease or any other condition that may be hazardous to other animals or humans.

1990 cL‑22.7 s18

Transportation

18.1   A person shall not transport a present or prospective domestic cervid except in accordance, so far as applicable, with the Livestock Identification and Commerce Act and the Health of Animals Act (Canada) and the regulations under those Acts.

2003 c26 s10;2006 cL‑16.2 s99

Importation of animals

19(1)  This section applies to a present or prospective domestic cervid just imported or a prospective domestic cervid about to be imported into Alberta.

(2)  The Minister may, by notice in writing sent to the person responsible for the importation, impose restrictions or conditions on the importation over and above those provided for by law.

(3)  The Director may in writing order that before the animal is transported onto the farm following importation, a certificate of health relating to the animal, given by a veterinarian registered under the Veterinary Profession Act or by a veterinarian in another jurisdiction who is approved by the Director, be provided to the Director.

(4)  If, after examining the certificate of health, the Minister considers that the animal is or may be carrying a contagious or infectious disease or any other condition that may be hazardous to other animals or humans, the Minister may in writing order that

                                 (a)    the animal not be allowed to enter onto the farm, or

                                 (b)    the animal be kept in an isolation pen on the farm at the distance from other animals on the farm that is specified in the order and for the period of time so specified.

RSA 2000 cL‑17 s19;2003 c26 s16

Matters Related to Domestic
Cervid Production Farming

Liability for trespassing animals

20(1)  If a present or prospective domestic cervid escapes from its domesticated condition and

                                 (a)    damage is done to property by the animal or by any person in attempting to capture the animal, or

                                 (b)    expense is reasonably incurred in attempting to capture or in maintaining or transporting the animal,

the operator and, if the operator did not own the animal immediately before the escape, the owner of the animal at that time, are jointly and severally liable for that damage or expense, or for both, unless it is due wholly to the fault of the person suffering the damage or expense.

(2)  In determining whether liability for any damage or expense is excluded by subsection (1), the damage or expense is not to be treated as due to the fault of the person suffering it by reason only that the person could have prevented it by fencing the person’s land.

(3)  If a person

                                 (a)    opens and does not close or properly close a gate, or

                                 (b)    tampers with, damages or destroys a gate or fence,

as a result of which a present or prospective domestic cervid escapes from its domesticated condition, the person is liable for any damage or expense referred to in subsection (1).

(4)  Nothing in subsection (3) restricts any liability under subsections (1) and (2).

(5)  Nothing in this section affects section 11 of the Wildlife Act.

(6)  The Crown has a right of action under this section for damage or expense suffered by it.

RSA 2000 cL‑17 s20;2003 c26 ss11,16

Sale of live prospective domestic cervids

21   A person may sell a live prospective domestic cervid.

RSA 2000 cL‑17 s21;2003 c26 s12

Slaughter of domestic cervids

22(1)  A person shall not kill a domestic cervid

                                 (a)    except at a lawfully operating abattoir in accordance with the Meat Inspection Act or the Meat Inspection Act (Canada) and the regulations under it,

                                 (b)    unless that person is the currently licensed operator and the killing is conducted on that operator’s own farm under conditions where the killing is exempt from the Meat Inspection Act and the regulations under it,

                                 (c)    except under circumstances prescribed by the Minister, or

                                 (d)    unless the domestic cervid is in distress and the killing is done for humane reasons in accordance with generally accepted animal husbandry practices.

(2)  Where a domestic cervid was slaughtered and passed inspection under the Meat Inspection Act or the Meat Inspection Act (Canada), the person who slaughtered the animal shall have its carcass or parts of its carcass marked in accordance with that Act or otherwise marked in accordance with the requirements prescribed by the Minister.

(3)  Subsection (1) does not apply to a slaughter conducted pursuant to an order or direction under section 18(4) or conducted pursuant to any other law.

RSA 2000 cL‑17 s22;2003 c26 ss13,16

Sale of non‑meat parts or products

23   A person shall not sell any non‑meat parts or products of any present or prospective domestic cervid unless parts or products of the type to be sold are prescribed in relation to animals of the species to which that animal belongs and unless

                                 (a)    the person is the operator of the farm on which that animal is or was kept,

                                 (b)    the person is authorized to do so by or under the Wildlife Act, or

                                 (c)    the circumstances prescribed by the Minister exist.

RSA 2000 cL‑17 s23;2003 c26 ss14,16

Sale of meat of non-prescribed animal

24  A person shall not sell meat

                                 (a)    unless it is the meat of a domestic cervid of the species prescribed, or

                                 (b)    if section 22 has been contravened in respect of that animal.

RSA 2000 cL‑17 s24;2003 c26 s16

Miscellaneous

Compensation

25  No right of compensation exists against the Crown, the Minister, the Director or any inspector for any act done, or any failure to act, pursuant to this Act.

1990 cL‑22.7 s25

Entry and inspection

26(1)  The Director or an inspector may, without obtaining a warrant, enter at any reasonable hour

                                 (a)    any premises, other than the living quarters of a private dwelling, used in connection with the operation of a farm, or

                                 (b)    any vehicle that the Director or inspector has reasonable and probable grounds to believe is being or has been used to transport present or prospective domestic cervids,

to inspect the premises or vehicle or any animal found in or on them or it or any records required to be kept by this Act.

(2)  If the Director or an inspector on reasonable and probable grounds believes that there is in the living quarters of a private dwelling evidence of a contravention of this Act, the Director or inspector may obtain a warrant to enter the private dwelling for the purpose of inspecting those quarters or any animal found in them or any records required to be kept by this Act.

(3)  Before entering the living quarters under subsection (2), the Director or inspector shall take reasonable steps to find the occupant and shall endeavour to obtain the occupant’s consent.

(4)  An operator shall, for the purpose of an inspection under this section, give all reasonable assistance to the Director or the inspector carrying out the inspection and provide access to all relevant areas of the farm and provide all information, records and documents required to be kept by this Act.

(5)  The Director or an inspector acting under the authority of this section shall, on request, produce a certificate of the Director’s or inspector’s appointment to the owner or occupant of the premises or vehicle.

RSA 2000 cL‑17 s26;2003 c26 s16

Hindrance or obstruction

27  A person shall not hinder or obstruct any person in the exercise of that person’s powers or the performance of that person’s duties under this Act.

1990 cL‑22.7 s27

Signs and notices

28   A person shall not alter, destroy or remove any sign or notice erected for the purposes of or to facilitate the administration of this Act.

1990 cL‑22.7 s28

False or misleading information

29  A person shall not wilfully give false or misleading information to any person acting in the performance of that person’s duties under this Act.

1990 cL‑22.7 s29

Offences and penalties

30   A person who contravenes any provision of this Act is guilty of an offence against this statute and liable

                                 (a)    in the case of an offence against section 4, to a fine of not more than $50 000 or to imprisonment for a term of not more than 12 months, or to both,

                                 (b)    in the case of an offence against section 12, 13, 14, 16(1) or 17, to a fine of not more than $5000 or to imprisonment for a term of not more than one month, or both,

                                 (c)    in the case of an offence against section 15(1), 15(2) or 22, to a fine of not more than $10 000 or to imprisonment for a term of not more than 6 months, or both,

                                 (d)    in the case of an offence against section 13.1, 23 or 24, to a fine of not more than $10 000 or to imprisonment for a term of not more than one year, or both,

                                 (e)    in the case of an offence against section 11 or 16(2), to a fine of not more than $1000, and

                                  (f)    in any other case, to a fine of not more than $2500 or to imprisonment for a term of not more than one month, or to both.

RSA 2000 cL‑17 s30;2003 c26 s15

Limitation of time for prosecution

31   A prosecution in respect of an offence against this statute may not be commenced later than 2 years after the alleged commission of the offence.

1990 cL‑22.7 s31

Vicarious liability

32(1)  In a prosecution of an offence against this statute on the part of an operator, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused while acting in the course of the employee’s employment or the agent’s agency functions, whether or not the employee or agent has been prosecuted for the offence.

(2)  Subsection (1) does not apply if the accused establishes that the act or omission alleged to constitute the offence was done in direct disobedience of an order given by the accused.

(3)  Where a corporation is guilty of an offence against this statute, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is also a party to and guilty of the offence and liable to the penalty provided for the offence.

1990 cL‑22.7 s32

Lieutenant Governor in Council regulations

33(1)  The Lieutenant Governor in Council may make regulations

                                 (a)    respecting the genetic composition of present and prospective domestic cervids allowed or prohibited on farms;

                                 (b)    prescribing anything that by this Act may or is to be prescribed by the Lieutenant Governor in Council.

(2)  The regulations made under subsection (1) prescribing species of wildlife for the purpose of section 1(1)(f)

                                 (a)    may be made only on the recommendations of both the Minister and the Minister responsible for the Public Lands Act, and

                                 (b)    may not prescribe fur‑bearing animals within the meaning of the Fur Farms Act.

RSA 2000 cL‑17 s33;2003 c26 s16

Ministerial regulations

34   The Minister may make regulations

                                 (a)    generally providing for the systems of licensing, registration and identification;

                                 (b)    providing for the control of inventories of present and prospective domestic cervids on farms;

                                 (c)    providing for measures to be taken by operators for the purpose of maintaining their farms in a sanitary condition and for the control of animal diseases;

                                 (d)    providing for the procedures to be used for the removal of specified parts and products from specified present and prospective domestic cervids and for marking parts and products so removed;

                                 (e)    providing rules for the humane care of present and prospective domestic cervids;

                                  (f)    establishing restrictions, in addition to those required by any other law, on the importation of prospective domestic cervids into Alberta;

                                 (g)    prescribing anything that by this Act may or is to be prescribed by the Minister.

RSA 2000 cL‑17 s34;2003 c26 s16