Livestock Brands Regulation

Livestock Brands Regulation, M.R. 34/98 The Livestock and Livestock Products Act , C.C.S.M. c. L170 Regulation 34/98 Registered March 16, 1998 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application for brand and brand location 3 Fees 4 Selection of brand and brand location 5 Cattle Brands 6 Horse Brands 7 Bison Brands 8 Identification Brands 9 Access to information re brands 10 Assignment of brand 11 Sales of branded animals 12 Cancellation by registrar due to conflict 13 Expiration of registration of brand 14 Renewal of registration 15 Five year waiting period on re-registration 16 Changes in brands 17 Prohibitions 18 Transitional 19 Coming into force Schedule Definitions 1(1) In this regulation, "animal" means cattle, horses and bison; (« animal ») "brand" means a letter, numeral or symbol permanently marked or to be marked on an animal to indicate ownership; (« marque ») "identification brand" means a letter, numeral or symbol permanently marked or to be marked on an animal for a purpose other than to indicate ownership. (« marque d'identification ») "immediate family" means the spouse, son, daughter, brother, sister, parent or grandparent of an individual; (« famille immédiate ») "person" includes a corporation, partnership, limited partnership and cooperative; (« personne ») "personal representative" means (a) an executor or administrator named in a Grant of Probate or Administration issued under The Court of King's Bench Surrogate Practice Act , (b) an executor or administrator named in a probate, letters of administration or similar document resealed under section 48 of that Act, or (c) a person ordered under section 47 of that Act to administer a small estate. (« représentant successoral ») 1(2) In subsections 10(1) and 14(2) and sections 12 and 13, "owner" includes the personal representative of the owner. Application for brand and brand location 2 An application for the initial registration, renewal of registration, transfer of registration or re-registration of a brand and brand location, shall be on a form approved by the minister, contain or, be accompanied by, the information required by the registrar and be accompanied by the fee set out in the Schedule. Fees 3 The fees set out in the Schedule shall be payable for the services set out in the Schedule. Selection of brand and location 4(1) The selection of the brand to be allotted to an applicant, or that an applicant may register, is in the discretion of the registrar. 4(2) Subject to subsections 5(1) and 6(1) and section 7, the location on an animal at which an applicant's brand may be applied is in the discretion of the registrar. Cattle brands 5(1) Subject to subsection (2), cattle brands shall be applied only at one of the following locations on the animal: (a) right hip; (b) left hip; (c) right shoulder; (d) left shoulder. 5(2) The registration of a brand design for cattle located on the right or left rib that has not expired may be renewed on application by the owner of the brand and brand location, or by the personal representative of the owner, but the registration of that brand location shall not be assigned except to a member of the owner's immediate family. 5(3) Where the registration of a brand design for cattle located on the right or left rib has expired, that brand location shall not be re-registered, assigned or allocated to any person. Horse brands 6(1) Subject to subsections (2) and (3), horse brands shall be applied only at one of the following locations on the animal: (a) right hip; (b) left hip; (c) right shoulder; (d) left shoulder. 6(2) In addition to the locations set out in subsection (1), a freeze brand may be applied on a horse at the following locations: (a) right neck, below the mane line; (b) left neck, below the mane line. 6(3) The registration of a brand design for horses located on the right or left jaw that has not expired may be renewed on application by the owner of the brand and brand location, or by the personal representative of the owner, but the registration of that brand location shall not be assigned except to a member of the owner's immediate family. 6(4) Where the registration of a brand design for horses located on the right or left jaw has expired, that brand location shall not be re-registered, assigned or allocated to any person. Bison brands 7 Bison brands shall be applied only at one of the following locations on the animal: (a) right hip; (b) left hip. Identification brands 8 The owner of a brand registered in accordance with this regulation may, to facilitate individual animal identification and without registering such numerals, apply one or more Arabic numerals immediately below the registered brand. Access to information re brands 9(1) The registrar may, in such manner as he or she considers advisable, publish or cause to be published a complete or supplementary list of recorded brands and may make a reasonable charge for the volume containing the list. 9(2) On application and payment of the prescribed or authorized fee by any person, the registrar shall provide him or her with an excerpt from the register or a copy of the information in the register regarding any registered brand and brand location. 9(3) The form of application for and manner of providing information under subsection (2) shall be determined by the registrar. Assignment of brand 10(1) Subject to subsections 5(3) and 6(4), the owner of a registered brand may assign ownership of and the right to use the brand by executing an assignment of brand on a form approved by the minister and containing the information required by the registrar. 10(2) The person named as assignee in an assignment form shall file the executed assignment form with the registrar accompanied by (a) a written statement showing the mailing address and phone number of the person, the full address or legal description of the person's livestock operation, if any, and (i) where the person is an individual, the person's full name, (ii) where the person is a corporation or cooperative, the names, full addresses and telephone numbers of the chief operating officers of the corporation or cooperative, (iii) where the person is a partnership, the name, full address and telephone number of the managing partner or, if there is no managing partner, a partner, or (iv) where the person is a limited partnership, the name, full address and telephone number of the general partner or, if the general partner is a corporation, the corporation's chief operating officer; and (b) the fee set out the Schedule. Sales of branded animals 11 The seller of an animal marked with a registered brand shall provide the purchaser with a bill of sale containing a full description of (a) the seller and buyer, including addresses; (b) the brand and brand location; (c) the animal, including colour, breed and sex; and (d) the following endorsement: This bill of sale transfers ownership of a branded animal, or branded animals, and authorizes the buyer to possess the animal(s) and, accordingly, the brand appearing on the animal(s), and to sell or otherwise dispose of the animal(s). This bill of sale is not a sale of ownership of the brand or of the right to use the brand on animals not listed in this bill of sale. Cancellation by registrar due to conflict 12 Where two or more owners of animals have the same or conflicting registered brands, the registrar, in order to resolve the conflict between the brands, may (a) cancel the registration of the brand or brands last registered; or (b) cancel the registration of the brand first registered, with the consent of the owner of the brand; and shall allow a person, the registration of whose brand is cancelled under clause (a) or (b), to register another brand without charge. Expiration of registration of brand 13 The registration of a brand under this regulation expires on December 31 in the fourth year following the year of registration unless it is renewed by the owner of the brand prior to the expiration of the registration. Renewal of registration 14(1) A person who wishes to renew the registration of a brand shall apply for the renewal by providing the registrar with an application and fee, in accordance with section 2, on or before the expiry date of the registration. 14(2) The renewal of the registration of a brand expires five years from the expiry date of the initial registration unless it is further renewed by the owner of the brand prior to the expiration of the renewal period. 14(3) Section 2 and subsections (1) and (2) apply with necessary modifications to the second and any subsequent renewal of the registration of a brand. Five year waiting period on re-registration 15 After the expiration or cancellation of the registration of a brand under this regulation, neither the brand nor any substantially similar brand shall be allowed to be registered, other than by the former owner or his or her personal representative, until the expiration of five years from the date of the expiration or cancellation. Changes in brands 16(1) Upon the application of an owner of a brand accompanied by the fee set out in the Schedule, the registrar may make changes in the form or content of a brand or in a brand location. 16(2) The approval of a change under subsection (1) is in the discretion of the registrar. Prohibitions 17 No person shall (a) brand an animal (i) with a brand other than that of the owner of the animal, (ii) with an unregistered brand, or (iii) with an identification brand not authorized under this regulation; (b) have in his or her possession an animal branded (i) with an unregistered brand, (ii) with an unauthorized identification brand, or (iii) with a brand other than that of the owner of the animal, except where the owner of the animal is in possession of a bill of sale in accordance with the requirements of section 11; (c) remove the hide from a branded animal, unless he is the owner of the animal, a person authorized to do so by the owner or an inspector; (d) describe an animal or brand incorrectly on a bill of sale; or (e) transfer ownership of a branded animal except in accordance with section 11. Transitional 18 Subject to subsections 5(2) and 6(3), the registration of a brand design or brand location under Part III of The Animal Husbandry Act that is unexpired on the day this regulation comes into force may be renewed under this regulation as if it had been registered under this regulation. Coming into force 19 This regulation comes into force on the proclamation of The Livestock and Livestock Products Act , S.M. 1997, c. 31. SCHEDULE (Section 3) FEES FOR REGISTRATION OF BRANDS AND RELATED SERVICES Registration of brand (five year term)