Elk Game Production Regulation

Elk Game Production Regulation, M.R. 19/97 The Livestock Industry Diversification Act , C.C.S.M. c. L175 Regulation 19/97 Registered January 28, 1997 bilingual version (HTML) Table of Contents Section INTERPRETATION 1 Definitions GAME PRODUCTION FARM LICENCE 2 Game production farm licence application 3 Conditions of issuance of licence 4 Licence fee 5 Term of licence 5.1 Suspension or cancellation of licences 6 Application for renewal of game production farm licence 6.1 Pure animal status GAME PRODUCTION ANIMALS 7 Registration of game production animals 8 Registration of progeny 8.1 Termination of registration 9 Change of ownership 10 Method of identification of game production animal 11 Other identification provisions 12 Repealed 13 Requirements for bringing elk into Manitoba 14 Requirements for bringing semen, ova and embryos into Manitoba 14.1 Director's discretion to refuse permission GAME PRODUCTION FARMS 15 Construction in accordance with application 16 Minimum containment area 17 Game production animal stocking rates 18 Fence requirements 19 Transitional 20 Improved fencing may be required 21 Windbreak 22 Water requirements 23 Handling facility 24 Repealed 25 Alteration of game production facility 26 Prohibition on sharing containment 27 Humane care of elk 28 Escape, release or recapture of elk 29 Wildlife intrusions 30 Operator's records 31 Animal inventory reports GENETIC AND HEALTH REQUIREMENTS 32 Genetic and purity testing 32.1 Breeding requirements 33 Prohibition on possession of red deer 33.1 Prohibition on possession of certain animals 34 Health requirements 35-36 Repealed 37 Quarantine in Manitoba 38-39 Repealed TRANSPORTATION 40 Transportation without documents prohibited 40.1 Repealed 40.2 Transportation in locked vehicle 41 Transportation through Manitoba 42 Transportation out of Manitoba 43 Application for approval PROCESSING AND TRADING 44-45 Repealed 46 Licence required to remove antlers 47 Issuing or refusing a licence 47.1 Condition of issuance or renewal of licence 48 Refusal to issue licence 49 Suspension or cancellation of licence 50 Appeal 51 Term of licences 52 Fees for licences 53 Licence not transferable 54 Licence to be carried 54.1 Licence renewals 55 Sales yards or auction marts 56 Repealed 57 Prohibition on causing death of elk 57.1 Other prohibited activities 58 Slaughtering and processing 59-61 Repealed 62 Requirements re slaughtering game production animal 63 Repealed 64 Processing uninspected animals 64.1 On-farm slaughter by operator for personal consumption 65 Prescription of non-meat parts to be sold 65.1 Semen collection 66 Processing non-meat parts 67 Repealed ANTLERS 68 Repealed 69 Prohibition on bringing antlers into Manitoba 70 Antler tags 71 Application for antler tags to bring antlers from another jurisdiction 72 Director may require testing of antlers 73 Velvet antler removal 74 Calcified hard antler removal 75 Tagging antlers 76-78 Repealed 79 Removing antler tags prohibited 79.1 Possessing untagged whole antlers prohibited 80 Repealed 81 Prohibition on re-use of antler tags 82 Repealed GENERAL PROVISIONS AND COMING INTO FORCE 83 Repealed 83.1 Non-payment of fees and charges 83.2 Director may approve testing methodologies 83.3 Director's powers to meet emergencies 84 Coming into force Schedule A Manitoba Livestock Manifest B Repealed INTERPRETATION Definitions 1(1) In this regulation, "Act" means The Livestock Industry Diversification Act ; («  Loi  ») "antlers" means antlers of a game production animal; (« bois ») "calcified hard antlers" means mature antlers of a game production animal; (« bois calcifiés ») "Canadian Food Inspection Agency" means the agency of the Government of Canada known by that name and includes any successor to that agency and any department or other agency of that Government that carries out any function of the Canadian Food Inspection Agency at any time; (« Agence canadienne d'inspection des aliments ») "carcass" means the meat of a game production animal remaining after the hide, head, feet and viscera of the animal have been removed from the animal; (« carcasse ») "chief veterinary officer" means the Chief Veterinary Officer, Manitoba Department of Agriculture; (« vétérinaire en chef ») "disease" means a disease that elk may have, or that is transmissible to or by elk, and includes (a) infestation by parasites or vermin, and (b) any other condition that may cause suffering, illness or death of an animal, or that is a threat to public interest; (« maladie ») "elk" means an animal of a species or subspecies that is defined as elk in the Game Production Species Prescription Regulation ; (« wapiti ») "former game production farm" means a farm (a) in respect of which a former operator formerly held a game production farm licence, (b) that the former operator continues to own or operate or appears so to do, and (c) at which one or more elk are located; (« ancienne ferme d'élevage de gibier ») "former operator" means a person whose game production farm licence has expired and who possesses elk; (« ancien exploitant ») "game processing facility" means a commercial establishment in which game production animals are slaughtered or game production animal products are manufactured, processed, packaged or traded for human consumption; (« installations de transformation ») "game production facility" means the buildings, shelters, fences, handling facility and any other facility for the husbandry, housing, care, feeding and watering of game production animals, constructed or located on a game production farm; (« installations d'élevage ») "genetic test" means a test, acceptable to the director, for the purpose of identifying a game production animal through analysis of the animal's DNA or the animal's parents through analysis of their DNA; (« essai génétique ») "Government of Canada movement permit" means a permit issued by the Government of Canada authorizing the movement of elk from one point in Canada to another, or into or out of Canada; (« permis de circulation délivré par le gouvernement du Canada ») "handling facility" means the holding or handling pens, chutes, loading dock and handling equipment on a game production farm, used for handling, examining, loading or unloading game production animals; (« installations de manipulation ») "plank" means (a) a piece of surfaced lumber at least 3.8 cm (1.5 inches) thick and at least 13.3 cm (5.25 inches) wide, or (b) a piece of rough-sawn lumber at least five cm (two inches) thick and at least 15 cm (six inches) wide; (« planche ») "pure" , in relation to the status of a game production animal of the species Cervus elaphus , means that (a) the animal is not the offspring of an animal of any of the subspecies of red deer, and (b) the director is not aware of any test result or other evidence or information that calls into question whether the animal is an elk as defined in the Game Production Species Prescription Regulation ; (« pur ») "pure animal status" means the status assigned by the director to a game production animal that the director (a) is satisfied is not the offspring of an animal of any of the subspecies of red deer, or (b) conditionally accepts is not the offspring of an animal of any of the subspecies of red deer, pending completion of genetic and purity testing of the required number of the animal's progeny; (« désignation d'animal pur ») "purity test" means a test, acceptable to the director, for the purpose of establishing that a game production animal is not the offspring of an animal of any of the subspecies of red deer; (« essai de pureté ») "red deer" means any of the following subspecies: (a) Cervus elaphus elaphus , (b) Cervus elaphus scoticus , (c) Cervus elaphus hippelaphus , (d) Cervus elaphus atlanticus , (e) Cervus elaphus hispanicus , (f) Cervus elaphus corsicanus ; (« cerf élaphe ») "velvet antlers" means immature antlers of a game production animal, in the velvet stage; (« bois de velours ») "veterinarian" means a person licensed under The Veterinary Medical Act except, (a) in section 34 and subclause 58(3)⁠(d)⁠(iv), where it means a person duly qualified to practise veterinary medicine in the place where the game production animal originates; and (b) in section 36, where it means a person duly qualified to practise veterinary medicine in the place where the game production animal is quarantined. (« vétérinaire ») Definitions for the purposes of section 24 of the Act 1(2) In section 24 of the Act, "fail a genetic test" , in relation to a purity test, means that the test results, in the director's opinion, indicate that the tested animal is a red deer or a hybrid of any of the subspecies of red deer; "genetic test" includes a genetic test, as defined in subsection (1), and a purity test. Designated person may act for director 1(3) The director may in writing designate one or more persons to act for him or her in relation to anything that this regulation allows or requires him or her to do. Application to former operators 1(4) References in this regulation to "operator" must be read as including "former operator", except in the following provisions: (a) sections 3 and 5.1; (b) subsections 6.1(1) to (3); (c) sections 7 and 15; (d) subsection 32(1); (e) sections 37, 64.1 and 70. Application to former game production farms 1(5) References in this regulation to "game production farm" must be read as including "former game production farm", except in references to "game production farm licence" and except in the following provisions: (a) any provision relating to the licensing of game production farms; (b) sections 15, 37 and 64.1; (c) subsection 65.1(2); (d) section 71. M.R. 1/2002 ; 145/2002 ; 144/2007 ; 115/2025 GAME PRODUCTION FARM LICENCE Game production farm licence application 2 A person wishing to obtain a game production farm licence shall (a) submit an application to the director on a form provided by the director; (b) provide the director with satisfactory evidence that the person meets the requirements of subsection 2(2) of the Act; and (c) submit a plan acceptable to the director for the design and construction of the game production facility. Conditions of issuance of licence 3(1) As conditions of the issuance of a licence to him or her, an operator shall, in addition to any other terms and conditions imposed by the director, (a) construct the game production facility in accordance with the design specifications approved by the director as part of the game production farm licence application; (b) permit the game production facility to be inspected before the licence is issued; (c) remove from the game production facility any animal (i) that was brought into Manitoba without complying with the Act and this regulation, (ii) [repealed] M.R. 144/2007 , (iii) that has not been tested and examined in accordance with, and shown to be free of all signs of any disease prescribed as reportable or otherwise proscribed under, the Health of Animals Act (Canada), or that has any such disease; (d) sign a consent form, in the form required by the director, authorizing the director to share and disclose any information about the operator, including personal information as defined in The Freedom of Information and Protection of Privacy Act , and about the operator's game production farm and animals and the operation of the farm; (e) without delay after receiving TB test results for the operator's game production herd or any part of the herd request the test results on an individual animal basis and, within 30 days after receiving the test results for any individual game production animal, provide the director with a copy of the animal's test results; and (f) permit an inspector to periodically inspect the game production farm and the game production animals and any other animals at it, whether alive or dead, and to take any samples of any animal or thing the inspector considers necessary for the purposes of section 20 of the Act. 3(2) [Repealed] M.R. 144/2007 M.R. 1/2002 ; 144/2007 Licence fee 4 The annual fee for a game production farm licence shall be $100. Term of licence 5 A game production farm licence shall be valid from April 1 of one year to March 31 of the next year. M.R. 144/2007 Suspension or cancellation of licences 5.1 The director may suspend or cancel an operator's licence for either of the following reasons: (a) the operator has failed to pay any fee, charge or fine that he or she is required to pay under the Act or this regulation; (b) the operator has breached or failed to comply with any provision of (i) this regulation, or (ii) The Animal Diseases Act or a regulation or order under that Act. M.R. 1/2002 ; 144/2007 Application for renewal of game production farm licence 6(1) An operator wishing to obtain a renewal of a game production farm licence shall, no later than the day on which the licence expires, submit an application to the director on a form provided by the director. 6(2) Subsection 3(2) and sections 4 to 8 of the Act apply to an application for renewal of a game production farm licence, with necessary modifications. 6(3) When an operator applies for renewal of a game production farm licence within the time limit prescribed in subsection (1), the licence is deemed to continue (a) until the renewal is granted; or (b) if the applicant is served with a notice under subsection 6(1) of the Act, until the disposition of any appeal by the operator in response to the notice. 6(4) It is a condition of the renewal of a game production farm licence that the operator must sign a consent form, in the form required by the director, authorizing the director to share and disclose any information about the operator, including personal information as defined in The Freedom of Information and Protection of Privacy Act , and about the operator's game production farm and elk and the operation of the farm. 6(5) An operator who applies to renew his or her game production farm licence must, before the licence is issued, (a) provide the director with any outstanding reports; and (b) comply with any requirements of this regulation with which the operator is not in compliance and provide the director with evidence of compliance satisfactory to the director. M.R. 1/2002 ; 144/2007 Pure animal status 6.1(1) A game production animal has pure animal status if (a) it is deemed to have pure animal status by subsection (2); (b) its parents have pure animal status; or (c) the director assigns it pure animal status. 6.1(2) A game production animal that is registered to an operator on the day this subsection comes into force is deemed to have pure animal status for as long as the animal is continuously registered to the operator or another operator. 6.1(3) The director may, with or without conditions, assign pure animal status to a game production animal registered to an operator if (a) the operator is in compliance with this regulation; and (b) the animal has been purity-tested and, in the director's opinion, the test results do not indicate that the animal is a red deer or a hybrid of any of the subspecies of red deer. 6.1(4) The director may assign different levels or classes of pure animal status based on the director's opinion about the reliability or correctness of the information or evidence the director receives about the animal's purity or its parents' purity or about the animal's or parents' genetic identification. 6.1(5) The director may immediately terminate a game production animal's pure animal status if (a) the animal is no longer registered under this regulation; (b) the operator to whom the animal is registered fails to have it purity tested when required by the director or fails to make the animal available to an inspector or otherwise cooperate with an inspector for purity testing purposes; or (c) the director believes on reasonable grounds (i) that either or both the animal's parents do not have pure animal status or are red deer or hybrids of any of the subspecies of red deer, (ii) that the animal or any of its progeny are red deer or hybrids of any of the subspecies of red deer, (iii) that the animal's genetic profile has not been accurately determined or reported to the director, (iv) that the animal's ancestors' genetic identification has not been accurately determined or reported to the director, or (v) that the operator or a person on his or her behalf has provided the director with incorrect information about the animal's parentage. 6.1(6) The director may change a game production animal's pure animal status or impose conditions on the status for any reason set out in clause (5)⁠(c). 6.1(7) Subsections (5) and (6) apply whether a game production animal's pure animal status is under clause (1)⁠(a) or (b), or is assigned by the director. 6.1(8) If the director terminates or changes a game production animal's pure animal status or imposes a condition on the status, the director shall without delay send the operator a letter informing the operator about the termination, change or condition. The letter may be mailed by ordinary mail to the mailing address shown in the operator's licence application or renewal application. 6.1(9) The director is not required to give reasons for terminating or changing a game production animal's pure animal status or imposing a condition on the status. M.R. 144/2007 GAME PRODUCTION ANIMALS Registration of game production animals 7(1) An operator wishing to register as a game production animal an elk that is not held in Manitoba at the time of the application shall (a) submit an application for registration to the director on a form provided by the director; (b) provide the director with evidence satisfactory to the director that the animal meets all of the identification, genetic, purity, health and quarantine requirements set out in sections 32, 34 and 37; (c) provide the director with evidence satisfactory to the director of the source from which the operator obtained, or intends to obtain, the animal; (c.1) if so required by the director, provide the director with (i) evidence satisfactory to the director that the animal meets the requirements of clauses (a) and (b) of the definition "game production animal" in subsection 1(1) of the Act, and (ii) a declaration in the form the director requires that the operator is keeping the animal in captivity for the purpose or ultimate purpose of reproduction or sale as breeding stock, meat or non-meat parts and that the declaration will continue in force until the operator withdraws it in writing delivered to the director; (d) where the animal is not solely owned by the operator, provide the director with the full name and current addresses and telephone numbers of each person who owns or has an interest in the animal; and (e) provide the director with such other information as the director may require to determine that the animal meets the requirements of the Act and this regulation. 7(2) An operator wishing to register as a game production animal an elk that is held in Manitoba at the time of the application shall (a) submit an application for registration to the director on a form provided by the director; (b) provide the director with evidence satisfactory to the director that the animal meets the health requirements set out in section 38 and, if so required by the director, the identification, genetic and purity requirements of section 32; (c) provide the director with evidence satisfactory to the director of the source from which the operator obtained, or intends to obtain, the animal; and (d) provide the director with such other information as the director may require to determine that the animal meets the requirements of the Act and this regulation. 7(3) The director may register a game production animal if (a) the applicant meets the requirements of subsection (1) where the animal is not held in Manitoba at the time of the application; or (b) the applicant meets the requirements of subsection (2) where the animal is held in Manitoba at the time of the application. 7(3.1) The director may impose any conditions on the registration of a game production animal that the director considers appropriate. 7(4) Despite clause (3)⁠(a), the director may refuse to allow the registration of a game production animal if he or she believes that the animal is or may be a threat to the health or purity status of game production animals or farms. 7(5) The director shall notify the operator about the registration of the game production animal, or the director's refusal to register it, and shall state in the notification any conditions imposed under subsection (3.1). M.R. 145/2002 ; 144/2007 Registration of progeny 8(1) On or before January 31 in each year, an operator shall submit to the director an application for registration of each living progeny born during the most recent calving season to a game production animal in his or her possession, and section 7 applies with necessary modifications to an application under this section. 8(1.1) If the director determines that the progeny of a game production animal has been produced using semen or an ovum or embryo that was brought into Manitoba without compliance with section 14, the director may refuse to register the progeny until he or she is provided with the results of the test required by clause 14(a) and the other evidence required by clause 14(d). 8(2) If an operator fails to submit the application for registration on or before January 31 of the year following birth, the director may (a) refuse to register the progeny at a later date; or (b) allow the operator to file an application for registration of the progeny at a later date, approve the application and register the progeny. 8(3) An operator who fails to submit an application for registration of a progeny of a game production animal on or before January 31 of the year following birth shall be deemed to be in possession of an unregistered game production animal for the purposes of subsection 12(3) of the Act. 8(4) Without limiting the generality of the director's discretion to require genetic and purity testing under subsection 32(1), the director may, in respect of the registration of progeny, require an operator do any of the tests and provide any of the evidence required by that subsection when the operator is applying to register any number of calves that the operator alleges includes one or more twin births. M.R. 1/2002 ; 144/2007 Termination of registration 8.1 The director may terminate a game production animal's registration (a) if the operator to whom the animal is registered is not in compliance with the Act or this regulation in a manner directly related to the animal or has not complied with a registration condition imposed by the director; (b) if the operator to whom the animal is registered fails to have it purity tested when required by the director or fails to make the animal available to an inspector or to otherwise cooperate with an inspector for purity testing purposes; or (c) without limiting the generality of clause (a), if the director believes on reasonable grounds (i) that either or both the animal's parents are red deer or hybrids of any of the subspecies of red deer, (ii) that the animal or any of its progeny are red deer or hybrids of any of the subspecies of red deer, (iii) that the animal's genetic profile has not been accurately determined or reported to the director, (iv) that the animal's ancestors' genetic identification has not been accurately determined or reported to the director, or (v) that the operator or a person on his or her behalf has provided the director with incorrect information about the animal's parentage. M.R. 144/2007 Change of ownership 9 Immediately after any change in ownership of a registered game production animal, the operator in whose possession it is held shall provide the director with the full name and current address and telephone number of the new owner of the animal or an interest in the animal. Method of identification of game production animal 10(1) An operator shall identify every game production animal in his or her possession by means of a tag on each of the animal's ears. The ear tags must be obtained from the director or, if obtained elsewhere, must be acceptable to the director. 10(2) If so required by an inspector, an operator shall allow the inspector to affix the ear tags to the ears of a game production animal. 10(3) An operator shall not use an ear tag, brand or other mode of identification that interferes with the ear tags required by subsection (1). 10(4) An operator shall not use an ear tag (a) the identifying figures or letters of which are defaced or altered; (b) that imitates an ear tag obtained from the director but is not obtained from him or her; or (c) that imitates an ear tag that is acceptable to the director but is not obtained from the acceptable source of such tags. M.R. 144/2007 Other identification provisions 11(1) Where an ear tag becomes separated from a game production animal, the operator shall (a) immediately notify the director in writing; and (b) immediately re-tag the animal or, if the operator requests a replacement ear tag from the director, re-tag the animal immediately after receiving the replacement ear tag. 11(2) If both ear tags are lost from a game production animal that is continuously tagged with a valid tag under the Health of Animals Act (Canada), the director will issue replacement ear tags for the animal. This is subject to the following conditions: (a) that the director must be able to confirm that the tag on the animal is the same tag that was attached to the animal under that Act and has not been tampered with; (b) that the director must be able to match the tag to the animal either from the records kept for the animal under that Act or from the animal's registration information; (c) that the owner must, at his or her own expense, provide the animal to the director for an examination of the tag, at a time and place and under conditions acceptable to the director. 11(2.1) If both ear tags are lost from a game production animal and subsection (2) does not apply, the operator shall confirm the animal's identity by a genetic test and provide the test results to the director before he or she will issue replacement ear tags. 11(3) An operator shall immediately notify the director of the loss of an ear tag issued to him or her. 11(4) An operator shall return all damaged or defaced ear tags to the director at the earliest practical time. M.R. 1/2002 ; 144/2007 12 [Repealed] M.R. 1/2002 ; 145/2002 Requirements for bringing elk into Manitoba 13(1) No person shall bring an elk into Manitoba without first (a) ensuring that the animal is uniquely identified in a manner acceptable to the director before being brought into the province; (a.1) obtaining a Government of Canada movement permit for the elk and providing a copy to the director; (b) [repealed] M.R. 144/2007 ; (c) after complying with the registration, identification, genetic, purity, health and quarantine requirements of this regulation applicable to the animal, receiving written permission from the director. 13(2) [Repealed] M.R. 144/2007 13(2.1) No person shall bring an elk into Manitoba that has any disease that is (a) prescribed as reportable or otherwise proscribed under the Health of Animals Act (Canada) or The Animal Diseases Act ; or (b) mentioned in a health certificate approved by the director for the purposes of subsection 11(1) of the Act. 13(2.2) No person shall, for registration purposes, bring an elk into Manitoba that (a) originates from a province or territory (i) in which, during the previous five years, there has been a positive diagnosis of chronic wasting disease in any individual of a species capable of transmitting the disease to elk, or (ii) that, in the director's opinion, does not have a testing regime for chronic wasting disease in captive and wild cervids that is equivalent to Manitoba's testing regime; or (b) has been held for any length of time during the previous five years in a province or territory (i) in which, during those years, there has been a positive diagnosis of chronic wasting disease in any individual of a species capable of transmitting the disease to elk, or (ii) that, in the director's opinion, does not have a testing regime for chronic wasting disease in captive and wild cervids that is equivalent to Manitoba's testing regime. 13(3) [Repealed] M.R. 1/2002 13(4) and (5) [Repealed] M.R. 144/2007 M.R. 232/97; 1/2002 ; 145/2002 ; 144/2007 Requirements for bringing semen, ova and embryos into Manitoba 14(1) No person shall bring the semen, an ovum or an embryo of an elk into Manitoba without first (a) ensuring by a genetic test approved by the director (i) that the donor of the semen or ovum is not an animal of any of the subspecies of red deer or a hybrid of such an animal, or (ii) that neither of the parents of the embryo is an animal of any of the subspecies of red deer or a hybrid of such an animal; (b) ensuring that the semen, ovum or embryo meets the requirements of the Canadian Food Inspection Agency (i) for importation into Canada from its country of origin, if its source is outside Canada, or (ii) for inter-provincial transfer, if its source is in Canada; (c) obtaining the approval of the chief veterinary officer that the semen, ovum or embryo meets the requirements of The Animal Diseases Act for entry into Manitoba; and (d) after providing the director with the results of the genetic test and with satisfactory evidence of meeting the requirements of clauses (b) and (c), receiving his or her written permission. 14(2) Without limiting the generality of subsection (1), no person shall bring semen into Manitoba unless the elk that it was collected from is currently listed on the list of breeding males maintained by the director. M.R. 1/2002 ; 144/2007 Director's discretion to refuse permission 14.1 The director may refuse to give permission to bring an elk into Manitoba for registration or to bring semen, ova or embryos into Manitoba for use in the province, if he or she believes that the animal, semen, ova or embryos are or may be a threat to the health or purity status of game production animals or farms. M.R. 145/2002 ; 144/2007 GAME PRODUCTION FARMS Construction in accordance with application 15 An operator shall ensure that the game production facility on a game production farm is constructed in accordance with the design specifications approved by the director as part of the game production farm licence application. Minimum containment area 16 An operator shall ensure that the containment area of a game production farm enclosed by the perimeter fence, pens and handling facility of the game production facility is not less than 4.1 ha (10 acres) in total area of land that is suitable habitat for elk. Game production animal stocking rates 17 No operator shall stock more than five registered elk per hectare (two registered elk per acre) determined on the total area of suitable elk habitat in the containment area of the game production farm. Fence requirements 18(1) An operator shall ensure that the game production farm is fenced in accordance with the requirements of this section. 18(2) Subject to section 19, a game production farm shall have a containment area for game production animals with a perimeter fence that meets the following minimum specifications: (a) the height shall be 2.4 m (8 feet) or more; (b) the fencing shall consist (i) of 12.5 gauge Class 3 high tensile woven wire, or (ii) of chain link fencing not lighter than 8 gauge; (c) vertical wires of a fence made of high tensile woven wire shall (i) be one piece, top to bottom, (ii) be spaced at 15.2 cm (6 inch) intervals, and (iii) be fastened to the horizontal wires by knots; (d) there shall be a minimum of 20 horizontal wires in a fence made of high tensile woven wire; (e) horizontal wires in a fence made of high tensile woven wire shall be spaced at 7.6 - 8.9 cm (3 - 3.5 inch) intervals at the bottom of the fence, increasing gradually to 12.7 cm (5 inch) intervals at a level of 0.9 m (3 feet) from the bottom and to 17.8 cm (7 inch) intervals at the top of the fence; (f) the lowest horizontal wire of a fence made of high tensile woven wire shall be no higher than 7.6 cm (3 inches) above ground level; (g) the bottom edge of a fence made of chain link fencing shall be no higher than 7.6 cm (3 inches) above ground level; and (h) all fence posts shall be in sound physical condition acceptable to an inspector. 18(3) All gates in the perimeter fence shall meet the following minimum specifications: (a) the gates shall be the same height as the perimeter fence; (b) the gates shall be covered with (i) wire fencing that meets the requirements of subclause (2)⁠(b)⁠(i) and clauses (2)⁠(c) to (f), or (ii) chain link fencing that meets the requirements of subclause (2)⁠(b)⁠(ii) and clause (2)⁠(g); and (c) the gates shall be in physically sound condition acceptable to an inspector. 18(4) Subject to section 23, interior fencing within the containment area may be of any height or type. 18(5) All perimeter fence gates must be locked when not in use by the operator or staff of the game production farm. M.R. 166/98 Transitional 19(1) Rather than complying strictly with subsections 18(2) and (3), a person who registers an elk under section 83 that on the day this regulation comes into force (a) is being kept under a permit issued under The Wildlife Act may instead extend the height of any existing perimeter fence to a minimum height of 2.4 m (8 feet) using wire fencing (i) that meets the requirements of clauses 18(2)⁠(b) and (c), and (ii) the horizontal wires of which are spaced at 17.8 cm (7 inch) intervals; or (b) is in his or her possession but is not being kept under a permit issued under The Wildlife Act shall ensure that his or her game production facility is equipped with fences and gates acceptable to the director that conform reasonably to the requirements of section 18. 19(2) If a person referred to in subsection (1) sells or otherwise transfers ownership or possession of the game production farm to another operator, subsection (1) applies to the other operator and to any operator who subsequently owns or has possession of the game production farm. M.R. 1/2002 Improved fencing may be required 20 If there is a recurring problem with elk escaping from the game production facility or with wild animals getting into it, the director may order the operator to make any improvements to the facility's perimeter fence that the director considers necessary to prevent further recurrences. M.R. 144/2007 Windbreak 21 An operator shall ensure that each separate pasture area of the game production facility has a windbreak that may be in the form of (a) bush or other natural shelter, acceptable to an inspector; or (b) a fence, constructed no closer than 30 m (100 feet) to any perimeter or internal fence of the game production facility, that meets the following minimum specifications: (i) the height shall be 3 m (10 feet) or more, (ii) the fence shall be faced with boards spaced at intervals of no more than 2.5 cm (one inch), (iii) the fence shall be constructed in two sections, each 9.1 m (30 feet) or more in length, at right angles to one another (A) one of which sections shall be constructed in an easterly and westerly direction, (B) one of which sections shall be constructed in a northerly and southerly direction, and (C) which sections shall meet at their north-westerly corner. Water requirements 22(1) An operator shall provide an adequate and clean supply of water for the elk in his or her care. 22(2) The source of water may be a well, a pond or in extensive grazing areas, snow. M.R. 144/2007 Handling facility 23(1) Subject to subsection (6), an operator shall ensure that a game production farm has a handling facility acceptable to the director and that meets the following minimum specifications: (a) subject to subsections (2) to (5), the handling facility shall consist of at least two handling pens leading to a squeeze chute; (b) the handling facility fences shall be at least 2.4 m (8 feet) in height; (c) the handling facility shall have a curved alleyway leading to the handling pens that shall be at least 15.2 m (50 feet) in length with fences that shall (i) except for the fence posts, consist of planks, solid fencing or other acceptable slab material at least 2.4 m (8 feet) in height, (ii) where made of planks or other acceptable slab material attached horizontally, be constructed so that the spacing of planks or slabs does not exceed 10 cm (four inches), (iii) where made of planks or other acceptable slab material attached vertically, be constructed so that the spacing of planks or slabs does not exceed 2.5 cm (one inch), and (iv) be separated by a minimum of 2.4 m (eight feet) except where the alleyway tapers in the immediate vicinity of the handling pens; (d) in the 15.2 m (50 feet) of the alleyway immediately adjacent to the handling pens, the alleyway shall be equipped with gates, constructed of planks, solid fencing or covered fencing with no visible gaps, at intervals of not more than 7.6 m (25 feet) that, when closed, shall be capable of forming an effective barrier across the alleyway able to contain any animals ahead of or behind the gate; (e) if located outdoors, or indoors in a structure that is not darkened, the squeeze chute and the two handling pens immediately before the squeeze chute must be covered when in use, unless the game production animals are being handled from above via an elevated walkway; (f) all parts of the handling facility shall be in a physically sound condition acceptable to an inspector; (g) except for the fence posts, planks shall be the minimum acceptable material for the construction of fences and gates; (h) all fences, gates and surfaces shall be free from protrusions such as nails and bolts which may be hazardous to a game production animal; (i) the loading dock and surrounding area shall be adequately drained and constructed in a manner that ensures that loading and unloading of game production animals onto and off trucks can be accomplished without any gap between the truck and loading dock platform and walls; (j) the walls or sides of the loading and unloading ramp shall be at least 2.4 m (8 feet) in height and constructed of planks or other solid material acceptable to an inspector, with no visible gaps; (k) the loading and unloading ramp, including the area of the loading dock platform shall be covered when in use; (l) if the handling facility is enclosed, it shall have sufficient ventilation to prevent distress to game production animals and accumulation of odours and condensation; and (m) the handling facility shall have an adequate and clean supply of water. 23(2) [Repealed] M.R. 144/2007 23(3) Where the handling facility is not equipped with a permanent squeeze chute, the operator shall ensure whenever a squeeze chute is required for the safe and humane handling of a game production animal in the opinion of an inspector, a veterinarian, a representative of the Canadian Food Inspection Agency or an antler removal contractor, that a portable or mobile squeeze chute acceptable to the inspector, veterinarian, representative of the Canadian Food Inspection Agency or antler removal contractor is present and able to be used on the game production farm. 23(4) An operator shall ensure that, where (a) the handling facility is equipped with a hydraulic squeeze chute; or (b) a portable or mobile squeeze chute is used; the pressure release valve shall be set at no greater than the pressure recommended by the manufacturer of the equipment and the recommended pressure shall be legibly marked in a conspicuous location on the equipment. 23(5) [Repealed] M.R. 144/2007 23(6) An operator shall be deemed to comply with subsection (1) if (a) there is access from the operator's game production facility to the handling facility of an adjoining game production farm; (b) the handling facility of the adjoining game production farm meets the requirements of subsection (1); and (c) the operator's game production facility shares a common fence and gate with the handling facility of the adjoining game production farm. M.R. 1/2002 ; 144/2007 24 [Repealed] M.R. 144/2007 Alteration of game production facility 25(1) No operator shall enlarge the containment area of a game production farm without obtaining written approval from the director. 25(2) An operator shall ensure that the enlarged containment area is inspected by an inspector before elk are moved in. 25(3) No operator shall alter the handling facility of a game production farm without obtaining written approval from the director. 25(4) An operator wishing to obtain approval to expand the containment area or alter the handling facility of a game production farm shall (a) submit an application to the director on a form provided by the director; (b) provide the director with information acceptable to him or her of the nature and extent of the enlargement or alteration; and (c) provide the director with satisfactory evidence that the enlarged or altered game production facility will meet the requirements of this regulation. 25(5) The director may approve or refuse to approve the application or may approve the application subject to conditions. 25(6) Subsection 3(2) and sections 4 to 8 of the Act apply with necessary modifications to an application under this section. M.R. 144/2007 Prohibition on sharing containment 26 An operator shall ensure that (a) no elk is contained with (i) an elk that has not been tested and examined in accordance with, and shown to be free of all signs of any disease prescribed as reportable or otherwise proscribed under, The Animal Diseases Act , or that has any such disease, (ii) any kind of animal that has not been tested and examined in accordance with, and shown to be free of all signs of any disease prescribed as reportable or otherwise proscribed under, the Health of Animals Act (Canada), or that has any such disease, or (iii) a non-game production animal (A) with which elk may be capable of interbreeding, or (B) which may transmit to elk any disease referred to in subclause (i) or (ii); and (b) any animal on the game production farm that meets the description in either of subclauses (a)⁠(i) or (ii) is contained in a separate containment area from the containment area for the game production animals. M.R. 1/2002 ; 144/2007 Humane care of elk 27 An operator shall care for all elk in his or her possession humanely and in accordance with the Recommended Code of Practice for the Care and Handling of Farmed Deer (Cervidae) of the Canadian Agri-Food Research Council, as revised from time to time. M.R. 144/2007 Escape, release or recapture of elk 28(1) No operator shall allow an elk under his or her care (a) to escape from captivity; or (b) to be released to the wild, except in accordance with subsection (8). 28(2) An operator shall without delay notify the director in writing of the escape of an elk from his or her game production farm. 28(3) Promptly after learning that an elk has escaped from the game production farm, the operator shall make all reasonable efforts to recapture the elk. The operator must continue the efforts until (a) he or she recaptures the elk; or (b) another person has captured or destroyed the elk. M.R. 144/2007 28(4) An escaped elk that is not recaptured by the operator within 30 days after its escape, or within any shorter or longer period after its escape that the director specifies under subsection 28(4.1), may, without liability for compensation to the operator or to the owner of the animal, (a) be killed, or captured and otherwise disposed of, by an inspector or another person authorized by the director; or (b) be captured or killed by an officer appointed under The Wildlife Act , or may be otherwise disposed of under that Act. 28(4.1) The director may specify a shorter or longer period than 30 days for the purposes of subsection (4) if the director considers it to be in the public interest to do so. The director may specify a shorter or longer period under this subsection for an individual escaped animal, or for animals that have escaped or may escape from a particular game production farm or from game production farms in a specified area. 28(5) An operator shall remove from the game production farm inventory an escaped elk that is not recaptured (a) within 30 days after its escape; or (b) if the director has specified a shorter or longer recapture period, within the specified period. 28(6) No operator shall attempt to recapture an escaped elk by using bait without first notifying an officer appointed under subsection 68(2) of The Wildlife Act of his or her intention to do so. 28(7) When an elk is recaptured, the operator shall, if so required by the director, (a) ensure that, after the recapture of the animal, (i) it is immediately quarantined in the game production farm's holding facility, (ii) it is tested and examined in accordance with, and shown to be free of all signs of any disease prescribed as reportable or otherwise proscribed under, The Animal Diseases Act , and is free of any such disease, and (iii) it is tested and examined in accordance with, and shown to be free of all signs of any disease prescribed as reportable or otherwise proscribed under, the Health of Animals Act (Canada), and is free of any such disease; (b) conduct a genetic test to determine its identity and confirm that is a game production animal; and (c) not release it from the holding facility or return it to the containment area until results acceptable to the director are received in connection with the tests referred to in clauses (a) and (b) and the director gives written permission for its release or return. 28(8) A person wishing to release an elk into the wild shall not do so until he or she applies for and receives written authorization from the minister charged with the administration of The Wildlife Act . M.R. 232/97; 1/2002 ; 144/2007 Wildlife intrusions 29(1) In this section, "wild elk" means an animal of the species Cervus elaphus that is not a game production animal registered in the name of the operator of the game production farm where it is intruding or the progeny of such a game production animal. 29(2) A person who finds a white-tailed deer, mule deer, moose or wild elk intruding within the containment area on a game production farm shall (a) immediately report the intrusion to the director or an inspector; (b) follow the director's or the inspector's instructions respecting the intruding animal; and (c) give any of the following persons full access to the game production facility for the purpose of capturing or killing the intruding animal: (i) an inspector, (ii) a person authorized by the director, (iii) an officer appointed under The Wildlife Act . M.R. 1/2002 ; 144/2007 Operator's records 30 An operator shall keep (a) up-to-date records in the form required by the director of all acquisitions, dispositions, births and deaths of game production animals; and (b) all receipts and any other written evidence of such transactions and events; for a period of four years after the transaction or event referred to in the record or document. Animal inventory reports 31 An operator shall before January 31 in each year submit to the director a completed game production animal inventory report in a form acceptable to the director. M.R.

1/2002 GENETIC AND HEALTH REQUIREMENTS Genetic and purity testing 32(1) An operator wishing to register an elk as a game production animal shall, if so required by the director, provide the director with evidence satisfactory to the director (a) that the animal's purity status as an elk has been proven by a purity test or has been demonstrated by some other evidence; (b) that the animal's genetic profile has been determined by a genetic test; and (c) that the animal's parents have been identified by a genetic test. 32(2) A purity test or genetic test shall be performed at a laboratory acceptable to the director, using tests and testing methods acceptable to the director. 32(3) An operator wishing to transfer the registration of a game production animal shall, if so required by the director, provide the evidence required under subsection (1). M.R. 1/2002 ; 144/2007 Breeding requirements 32.1(1) No person shall breed a male elk or permit one to breed, or collect, use, sell or give away semen from one, unless the male is currently listed on the list of breeding males maintained by the director. 32.1(2) The director shall not list a male elk on the list of breeding males unless (a) the animal is registered to an operator, if the animal is held in Manitoba; (b) the animal's purity status as an elk has been proven to the director's satisfaction by a purity test, and its genetic profile has been determined by a genetic test; and (c) one of the animal's parents has been identified by a genetic test. 32.1(3) In any case when, in the director's opinion, the results of genetic testing to determine a progeny's genetic profile indicate that the progeny's sire has not been accurately identified or reported to the director, the operator who possesses the progeny shall accurately identify the progeny's sire for the director by providing the director with genetic test results and any other information the director requires, conclusively identifying the sire. M.R. 144/2007 Prohibition on possession of red deer 33(1) No operator shall have in his or her possession an animal of any of the subspecies of red deer or a hybrid of such an animal. 33(2) No person shall have in his or her possession a part of an animal of any of the subspecies of red deer or of a hybrid of such an animal, including semen, ova or embryos. 33(3) If the progeny of an elk fails a purity test, (a) the operator who possesses the progeny shall have its genetic profile identified by genetic testing and its parents identified by genetic test results, in accordance with subsection 32(2), and shall provide the director with the results of the tests; (b) an operator who possesses one or both of the progeny's parents shall have the parent or parents purity-tested and provide the director with the test results; and (c) the director may (i) require any operator who possesses a progeny of either of the parent animals to comply with section 32 in relation to the progeny, if that section has not previously been complied with, and (ii) take any other corrective action authorized by the Act or this regulation. M.R. 144/2007 Prohibition on possession of certain animals 33.1(1) An operator shall not own or be in possession of an animal of the species Cervus elaphus unless (a) it is a game production animal registered in the name of the operator in accordance with the Act and this regulation; (b) it is the progeny of a game production animal registered in the name of the operator; or (c) it is in the possession of the operator under the authority of and in compliance with a licence or permit issued under The Wildlife Act . 33.1(2) An operator shall not be in possession of a hybrid of an animal of the species Cervus elaphus unless the hybrid is a cross-breed between two of the subspecies referred to in clauses (a) to (d) of the definition "elk" set out in section 1 of the Game Production Animal Species Prescription Regulation , and (a) it is a game production animal registered in the name of the operator in accordance with the Act and this regulation; or (b) it is the progeny of a game production animal registered in the name of the operator. M.R. 1/2002 Health requirements 34 A person who brings an elk into Manitoba as a game production animal shall comply with the requirements of the Health of Animals Regulations , C.R.C., c. 296, made under the Health of Animals Act (Canada), and the health requirements of the chief veterinary officer under The Animal Diseases Act . M.R. 1/2002 ; 144/2007 35 [Repealed] M.R. 1/2002 36 [Repealed] M.R. 232/97; 1/2002 Quarantine in Manitoba 37(1) An operator shall ensure that every elk brought into Manitoba by him or her (a) is transported directly to the game production farm from the extra-provincial place where it has last been held for any applicable testing required by the Act or this regulation; and (b) if so required by the director, is held in quarantine in the game production farm's holding facility from the time the animal arrives at the farm until the director gives permission for its release. 37(1.1) [Repealed] M.R. 144/2007 37(2) to (5) [Repealed] M.R. 1/2002 38 and 39 [Repealed] M.R. 232/97; 1/2002 ; 144/2007 TRANSPORTATION Transportation without documents prohibited 40 Except in the case of an animal transported under section 41 or an animal brought into Manitoba in accordance with subsection 58(3), a person who transports an elk shall have in his or her personal possession or in the transportation unit at all times during the transportation (a) the proper Government of Canada movement permit; and (b) a Manitoba Livestock Manifest in the form set out in Schedule A or a livestock manifest from the jurisdiction from which the animal originates. M.R. 1/2002 ; 144/2007 40.1 [Repealed] M.R. 1/2002 ; 144/2007 Transportation in locked vehicle 40.2(1) A person who transports an elk from one location in Manitoba to another location in Manitoba shall (a) ensure that the animal is transported in a manner acceptable to the director; (b) ensure that the part of the vehicle in which the animal is transported is kept locked at all times during transit, except when it must be unlocked to care for or attend to the animal; and (c) not off-load the animal except at the destination set out in the Manitoba Livestock Manifest or other livestock manifest, or at a place approved by the chief veterinary officer. 40.2(2) Subsection (1) applies, with necessary modifications, to the transportation of an elk to a game production farm or slaughterhouse from any place outside of Manitoba. M.R. 1/2002 ; 144/2007 Transportation through Manitoba 41 A person who transports an animal of the species Cervus elaphus through Manitoba to a destination elsewhere shall (a) ensure that the animal is transported through Manitoba in a manner acceptable to the director; (b) ensure that the part of the vehicle in which the animal is transported is locked prior to entry into Manitoba and kept locked at all times during transit through the province, except when it must be unlocked to care for or attend to the animal; (c) have in his or her personal possession or in the transportation unit at all times during the transportation the required livestock transportation manifest for the animal from the originating province or territory; (c.1) [repealed] M.R. 144/2007 ; (d) have in his or her personal possession or in the transportation unit at all times during the transportation the proper Government of Canada movement permit; and (e) not off-load the animal in Manitoba except at a place approved by the chief veterinary officer. M.R. 1/2002 ; 144/2007 Transportation out of Manitoba 42(1) Except in the case of an animal transported under section 41, no person shall transport an elk out of Manitoba without the written approval of the director. 42(2) Subsection 40.2(1) applies, with necessary modifications, to the transportation of an elk out of Manitoba. M.R. 1/2002 ; 144/2007 Application for approval 43(1) A person wishing to obtain approval to transport an elk out of Manitoba shall submit an application to the director on a form provided by the director. 43(2) The director may approve or refuse the application. 43(3) A person who wishes to obtain the director's approval under subsection (1) shall provide the director with the information about the animal and its destination that the director requires to make his or her decision. 43(4) A person who intends to send a male elk to a destination outside Manitoba, other than an animal being sent to a slaughter facility to be slaughtered there, shall ensure that the genetic profiles of the animal and one of its parents have been determined by genetic testing in accordance with section 32, and that the director has been provided with the test results. 43(5) Before the director gives his or her approval under subsection (1) in respect of an elk referred to in subsection (4), the director must be satisfied that the test results show that the elk is the progeny of the parent animal tested under subsection (4). 43(6) A person who intends to send a female elk to a destination outside Manitoba, other than an animal being sent to a slaughter facility to be slaughtered there, shall, if so required by the director, comply with subsection (4) in the same manner as if the elk were a male. 43(7) Without limiting the generality of subsection (3), a person who intends to send an elk to be slaughtered in a slaughter facility outside Manitoba shall advise the director which slaughter facility the animal is destined for and shall satisfy the director that a kill date for the animal is scheduled at the facility. 43(8) A person who obtains the director's approval to send an elk to be slaughtered in a slaughter facility outside Manitoba shall, within 14 days after the scheduled kill date, provide the director with evidence satisfactory to the director that the animal was slaughtered at the facility. 43(9) Despite subsections (4) to (6), the director may require that a person who proposes to send an elk to be slaughtered in a slaughter facility outside Manitoba must comply with the genetic testing requirements of subsections (4) to (6) in respect of the animal. M.R. 144/2007 PROCESSING AND TRADING 44 [Repealed] M.R. 1/2002 ; 144/2007 45 [Repealed] M.R. 144/2007 Licence required to remove antlers 46(1) No person other than a veterinarian shall remove the calcified hard antlers or velvet antlers of a game production animal unless he or she holds a game production animal antler removal licence. 46(2) A person wishing to obtain a game production animal antler removal licence shall (a) submit an application to the director on a form provided by the director; and (b) provide the director with evidence of having successfully completed a training course regarding the identification, removal and handling of calcified hard antlers and velvet antlers acceptable to the chief veterinary officer. M.R. 144/2007 Issuing or refusing a licence 47(1) The director may issue or refuse to issue an antler removal licence. 47(2) The director may issue an antler removal licence subject to any terms and conditions the director considers appropriate. M.R. 144/2007 Condition of issuance or renewal of licence 47.1 It is a condition of the issuance or renewal of an antler removal licence that the licence holder must sign a consent form, in the form required by the director, authorizing the director to share and disclose any information about the licence holder, including personal information as defined in The Freedom of Information and Protection of Privacy Act , and about the licence holder's activities under the licence. If a licence holder does not comply with this condition, any licence or renewal that is issued to him or her is invalid. M.R. 1/2002 ; 144/2007 Refusal to issue licence 48 If the director refuses to issue a game production animal antler removal licence, the director shall give the applicant a written notice of refusal, which must include reasons for the refusal. M.R. 144/2007 Suspension or cancellation of licence 49 The director may suspend or cancel a game production animal antler removal licence by giving a written notice of suspension or cancellation to the licence holder, with reasons, if the director is satisfied that (a) the licence holder has failed to comply with (i) the Act, this regulation or any other enactment specified in the regulations, (ii) a term or condition of the licence, or (iii) an order made by the director under the Act; or (b) the suspension or cancellation is authorized for another reason specified in the Act or this regulation. M.R. 144/2007 Appeal 50(1) A person whose application for a licence is refused or whose licence is suspended or cancelled may appeal the refusal, suspension or cancellation in the manner described in section 7 of the Act. 50(2) Section 7 of the Act applies to an appeal under subsection (1) with such modifications as the circumstances require. 51(1) and (2) [Repealed] M.R. 144/2007 51(3) A game production animal antler removal licence shall be valid for four years from the date it is issued. M.R. 144/2007 Fees for licences 52 The following fees are payable for licences issued under this regulation: (a) and (b) [repealed] M.R. 144/2007 ; (c) for a game production animal antler removal licence Licence not transferable 53 A licence issued under this regulation is not transferable. Licence to be carried 54 The holder of an antler removal licence shall have the licence on his or her person while carrying on any activity authorized by the licence. M.R. 144/2007 Licence renewals 54.1 Sections 47 to 54 apply, with necessary changes, to the renewal of game production animal antler removal licences. M.R. 1/2002 ; 144/2007 Sale yards or auction marts 55(1) No person shall have possession of an elk at a livestock sale yard or auction mart unless the livestock sale yard or auction mart (a) contains only game production animals that are identified in accordance with this regulation; and (b) contains only game production animals that meet all genetic, purity and health requirements of this regulation. 55(2) An operator does not contravene subsection (1) by having his or her registered game production animals at a livestock sale yard or auction mart, unless the operator knows or has reason to know that the livestock sale yard or auction mart contains animals that do not comply with clause (1)⁠(a) or (b). M.R. 1/2002 ; 144/2007 56 [Repealed] M.R. 1/2002 ; 144/2007 Prohibition on causing death of elk 57 No person shall cause the death of an elk except in accordance with this regulation or as permitted under section 14 of the Act. M.R. 144/2007 Other prohibited activities 57.1(1) In this section, "hunt" includes (a) a hunt with any kind of weapon; and (b) a hunt in which the death of the game production animal is simulated by any means. 57.1(2) No person shall hunt a game production animal, or permit a game production animal to be hunted, whether on a game production farm or elsewhere. M.R. 1/2002 Slaughtering and processing 58(1) and (2) [Repealed] M.R. 144/2007 58(3) A person wishing to bring an elk into Manitoba from a jurisdiction acceptable to the director for the sole purpose of slaughter shall ensure (a) that the animal is uniquely identified in the other jurisdiction in a manner acceptable to the director; (b) that he or she complies with the requirements of the Health of Animals Regulations , C.R.C., c. 296, made under the Health of Animals Act (Canada) and the health requirements of the chief veterinary officer under The Animal Diseases Act ; (c) that he or she obtains (i) the proper Government of Canada movement permit, (ii) a livestock manifest from the jurisdiction from which the animal originates, and (iii) a bill of sale or other written evidence acceptable to the director of the source of the animal; (d) that a kill date has been scheduled at a slaughterhouse that is registered under the Meat Inspection Regulations, 1990 , SOR/90-288, made under the Meat Inspection Act (Canada); (e) after providing the director with evidence acceptable to the director of compliance with clauses (a) and (d) and copies of the documents referred to in clause (b), that the animal is not brought into Manitoba prior to his or her receiving the director's written permission; (f) that (i) the animal is transported in a manner acceptable to the director, (ii) the part of the vehicle in which the animal is transported is kept locked at all times during transit, except when it must be unlocked to care for or attend to the animal, and (iii) the animal is not off-loaded, except at the slaughterhouse referred to in clause (d), or at a place approved by the chief veterinary officer; (g) that he or she submits to the director, without delay after the animal is slaughtered, (i) confirmation that the animal has been slaughtered, in a form acceptable to the director and containing the information that he or she requires, and (ii) a copy of the manifest referred to in subclause (c)⁠(ii); and (h) that the animal is held and slaughtered, within five days after it is brought into the province, at the slaughterhouse referred to in clause (d). 58(3.1) No slaughterhouse or officer or employee of a slaughterhouse shall accept from any person a game production animal for slaughter unless the person provides the slaughterhouse, officer or employee with a copy of the director's written permission for the animal's entry into Manitoba. 58(3.2) and (3.3) [Repealed] M.R. 144/2007 58(4) No person shall process a game production animal unless the person is registered under The Public Health Act or the Meat Inspection Act (Canada). 58(5) Subsection (4) does not apply to (a) the services of a professional taxidermist; (b) the owner of a game production animal or the operator in whose possession it is held in respect of his or her personal use of the uninspected carcass of an animal that is slaughtered for humane reasons; or (c) an operator or other person who processes a game production animal that is slaughtered for the operator's personal consumption and is processed in accordance with the approval of the director under clause 14(3)⁠(b) of the Act. M.R. 1/2002 ; 144/2007 59 to 61 [Repealed] M.R. 144/2007 Requirements re slaughtering game production animal 62 A person who slaughters a game production animal shall, except where the animal is slaughtered for humane reasons, retain possession of the Government of Canada movement permit and livestock manifest for the game production animal, referred to in subsection 40(1), for a period of four years and make these documents available to an inspector upon request. M.R. 1/2002 ; 144/2007 63 [Repealed] M.R. 144/2007 Processing uninspected animals 64(1) to (7) [Repealed] M.R. 144/2007 64(8) A person who processes an uninspected game production animal shall ensure that (a) the animal is shipped by the operator; (b) [repealed] M.R. 144/2007 ; (c) the uninspected game production animal meat and meat products are returned to the operator; (d) the uninspected game production animal meat and meat products are stored separately from all inspected meat and meat products; (e) the uninspected game production meat and meat products packages are clearly labelled with the word "uninspected" and the name and address of the operator; (f) the animal's ear tag number is recorded on the package labels; (g) the total weight of the uninspected game production animal carcass is recorded; and (h) the total weight of meat products resulting from processing is recorded in a manner acceptable to the director. 64(9) [Repealed] M.R. 144/2007 M.R. 144/2007 On-farm slaughter by operator for personal consumption 64.1(1) In this section, "approved on-farm slaughter" means the slaughter by an operator on the operator's premises of a game production animal registered to the operator in accordance with general or specific conditions of approval imposed by the director under clause 14(3)⁠(b) of the Act. 64.1(2) An operator who slaughters or causes the slaughter of a game production animal in an approved on-farm slaughter shall (a) comply with The Public Health Act and the regulations under that Act and other any applicable Federal or Manitoba Act or regulation in all respects of the slaughter and the distribution and consumption of the meat from the animal; and (b) comply with the general or specific conditions of approval imposed by the director under clause 14(3)⁠(b) of the Act. M.R. 144/2007 Prescription of non-meat parts to be sold 65(1) The following non-meat parts of game production animals are prescribed under section 16 of the Act as being able to be sold: (a) velvet antlers; (b) calcified hard antlers, including buttons; (c) hides; (d) glands; (e) tendons; (f) embryos; (g) semen; (h) ova; (i) pizzles. 65(2) If so required by the director, a person shall test by a genetic test any products in his or her possession to ensure that the products originated from a game production animal. Semen collection 65.1(1) No person shall collect semen from an elk (a) unless the person is an operator or a veterinarian who is collecting the semen for an operator, and the semen is for use in artificial insemination of game production animals registered to the operator; or (b) if the person collects the semen for the use of other persons, unless it is collected at a facility (i) for which a licence is in force under the Health of Animals (Canada) authorizing the collection of semen at the facility, (ii) that does not, at the same time that the game production animal is present, contain (A) animals of the species Cervus elaphus that are not registered game production animals, or (B) animals of any other species, (iii) at which the fences, walls, gates and doors on all holding pens and structures in which game production animals will be held, or through which they will be moved are at least eight feet high, and are in a condition and of material that is acceptable to the director, and (iv) that has a handling facility that is acceptable to the director. 65.1(2) A semen collection facility that meets the requirements of clause (1)⁠(b) is a temporary holding facility for the purposes of the definition "game production farm" in the Act. 65.1(3) No person shall collect semen from an animal of the species Cervus elaphus , unless it is registered as a game production animal. M.R. 1/2002 ; 144/2007 Processing non-meat parts 66(1) A person who processes game production animal non-meat parts shall keep a record of the parts and keep documents relating to the dispersement of the parts, including details of weights and destination, for a period of four years, and shall make these records and documents available to an inspector or the director on request. 66(2) Subsection (1) does not apply to the services of a professional taxidermist. 67 [Repealed] M.R. 144/2007 ANTLERS 68 [Repealed] M.R. 144/2007 Prohibition on bringing antlers into Manitoba 69 No person shall bring calcified hard antlers or velvet antlers into Manitoba unless the antlers are (a) from an approved game production farm; and (b) tagged with an antler tag approved by the director. Antler tags 70(1) No person in Manitoba other than an operator shall be in possession of unused antler tags. 70(2) [Repealed M.R. 144/2007 M.R. 144/2007 Application for antler tags to bring antlers from another jurisdiction 71(1) A person wishing to bring into Manitoba antlers from another jurisdiction shall (a) apply to the director for approval of antler tags of the other jurisdiction, or for Manitoba antler tags for the antlers, on a form provided by the director; (b) satisfy the director that the antlers are from a game production farm licensed as required in the jurisdiction from which the antlers originate; and (c) provide the director with the following information: (i) the number of Manitoba antler tags required, (ii) the identity of the operator and the address of the game production farm, (iii) the identification numbers of the animals that are the source of the antlers, and (iv) any other information required by the director. 71(2) The director may approve or refuse the application. 71(3) If the director approves the application, he or she will forward the antler tags to the operator of the game production farm in the other jurisdiction. 71(4) A person who brings antlers into Manitoba shall ensure that (a) the Manitoba antler tags provided or the antler tags approved by the director are placed on the antlers with a wire or band in such a way that they cannot be removed without cutting the wire or band; and (b) the antler tag number, the registration number of the game production animal and the antler weight are recorded in a manner acceptable to the director. Director may require testing of antlers 72 If so required by the director, a person shall test by a genetic test any antlers in his or her possession to ensure the antlers originated from the game production animal whose registration number is shown in the antler tag records. Velvet antler removal 73 A person who removes velvet antlers from a game production animal shall ensure that (a) the antlers are removed in such a way as to minimize discomfort and stress to the animal; (b) during the removal process, the animal (i) is physically restrained in a squeeze chute in such a manner as to prevent injury to the animal, (ii) is injected with sufficient local anaesthetic, five minutes prior to velveting, to anaesthetize the pedicle area, and (iii) is not restrained by whole body electronic immobilization; (c) the antlers are cut, not closer than 1.5 cm (0.6 inches) from the pedicle, using a clean and sharp saw; and (d) haemorrhaging from the severed blood vessels is controlled. M.R. 1/2002 Calcified hard antler removal 74 A person who removes calcified hard antlers from a game production animal shall ensure that (a) the antlers are removed in such a way as to minimize discomfort and stress to the animal; (b) during the removal process, the animal (i) is physically restrained in a squeeze chute in such a manner as to prevent injury to the animal, and (ii) is not restrained by whole body electronic immobilization; and (c) the antlers are cut not closer than 1.5 cm (0.6 inches) from the pedicle using a clean and sharp saw. M.R. 1/2002 Tagging antlers 75 An operator who harvests calcified hard antlers or velvet antlers from a game production animal, or a person who removes antlers from a dead game production animal, shall ensure (a) that each of the antlers is immediately tagged after removal with an antler tag provided by the director; and (b) that the antler tags are placed on the antlers with a wire or band in such a way that the tags cannot be removed without cutting the wire or band. M.R. 144/2007 76 to 78 [Repealed] M.R. 144/2007 Removing antler tags prohibited 79 No person shall remove the antler tags attached to calcified hard antlers or velvet antlers unless (a) it is necessary to remove the tags to process the antlers, and they are immediately processed after the tags are removed; or (b) after removal, the tags are immediately attached to the container holding the antlers or to the mount on which the antlers are mounted. M.R. 144/2007 Possessing untagged whole antlers prohibited 79.1 No person shall possess whole calcified hard antlers or whole velvet antlers harvested or removed from a live or dead game production animal unless the antler tags attached to the antlers under section 75 (a) are still attached to the antlers; or (b) are attached to the container containing the antlers or to the mount on which they are mounted. M.R. 144/2007 80 [Repealed] M.R. 144/2007 Prohibition on re-use of antler tags 81 No person shall re-use an antler tag that has been removed from an antler or otherwise used. 82 [Repealed] M.R. 144/2007 GENERAL PROVISIONS AND COMING INTO FORCE 83 [Repealed] M.R. 144/2007 Non-payment of fees and charges 83.1 If an operator or other person fails or neglects to pay any fee, charge or fine that he or she is required to pay under the Act or this regulation, the director may, until the fee, charge or fine is paid in full, refuse to (a) accept or approve an application of any kind by the operator or person; (b) issue or renew any licence, registration or permit to the operator or person, or in respect of any game production animal owned by or in the care and control of the person; (c) give any approval or permission to the operator or person, or do any other act at the request of the operator or person. M.R. 1/2002 ; 144/2007 Director may approve testing methodologies 83.2 The director may approve the methodologies for testing of game production animals, game production animal products or dead game production animals under the Act or this regulation. If the director has approved more than one testing methodology in relation to a kind of test, the director may determine whether the results of one methodology are to be given more weight than the results of another methodology in the event of inconsistent test results. M.R. 1/2002 ; 144/2007 Director's powers to meet emergencies 83.3(1) If the director believes on reasonable grounds that a threat to the health or purity status of a game production animal or farm exists, or could exist, or that the information is necessary to maintain the integrity of the game production industry or the safety of game production animal products, including meat and non-meat parts, the director may do one or more of the following: (a) share information, including test results, about operators, licence holders, elk, game production farms, game processing facilities, sales yards and auction marts, and concerning the health or purity status of game production farms, or elk or products, including meat and non-meat parts, from the farms, or from game processing facilities, sales yards or auction marts, with (i) another government, including a municipal government, or an agency of such a government or the Government of Manitoba, or an organization or body, the duties and interests of which include (A) the protection of the public health, (B) monitoring or promoting the safety of elk or products, or (C) monitoring or promoting the chemical, physical and biological integrity of elk or products, (ii) other game production farms, or game processing facilities, sales yards or auction marts, to which elk or products, including meat and non-meat parts, from a game production farm may be sent, (iii) persons who may be exposed to elk, game production animal products, including meat and non-meat parts, or dead elk from the farm; (b) order the quarantine of one or more of the following: (i) of a game production farm, game processing facility, sales yard or auction mart, (ii) a part of a game production farm, game processing facility, sales yard or auction mart, (iii) of elk, whether living or dead, (iv) of game production animal products, including meat and non-meat parts, (v) of a substance or thing; (c) destroy, or order the destruction of, elk, game production animal products, including meat and non-meat parts, dead elk, substances or things believed on reasonable grounds to be unhealthy or contaminated; (d) order the cessation of movement of elk, game production animal products, including meat and non-meat parts, dead elk, substances or things that are suspected of being a hazard to human health, animal health or game production animal genetic purity status (i) to and from one or more game production farms, game processing facilities, sales yards or auction marts, (ii) within Manitoba generally, and (iii) into Manitoba for registration. 83.3(2) No claim for compensation or damages in respect of an animal, or any product, substance or thing, destroyed under clause (1)⁠(c) may be made against the Government of Manitoba, or the minister, the director or any other person engaged in the administration of this Act. M.R. 1/2002 ; 145/2002 ; 144/2007 Coming into force 84 This regulation comes into force on the proclamation of the Act. SCHEDULE A Manitoba Livestock Manifest SCHEDULE B [Repealed] M.R. 1/2002 ; 144/2007