Animal Pedigree Act (R.S.C., 1985, c. 8 (4th Supp.))

By-laws

Marginal note:Mandatory by-laws

• 15 (1) Every association incorporated under this Act shall, within one year after coming into existence, make by-laws

  • (a) establishing requirements for membership in the association;

  • (b) respecting the payment of dues by the members of the association and establishing the method of determining the amount thereof;

  • (c) respecting the election, and the filling of vacancies, of directors and officers of the association and their powers, duties and functions;

  • (d) respecting the time and place for the holding of general, annual and special meetings of the association, the calling of such meetings, the quorum for such meetings and the procedure for all business at such meetings;

  • (e) respecting the consultation of the members of the association for the purpose of changing the association’s articles of incorporation, amalgamating with one or more other associations or dissolving the association;

  • (f) respecting the making, amendment and repeal of the association’s by-laws;

  • (g) respecting the place within Canada where the head office of the association is, and the places within Canada where the branch offices, if any, of the association are, to be situated;

  • (h) fixing the fiscal year of the association;

  • (i) respecting the keeping of the association’s articles of incorporation and the association’s by-laws, business records and books of accounts;

  • (j) respecting the annual audit of the financial affairs of the association and the preparation of audited annual financial reports and statements of assets and liabilities;

  • (k) establishing rules respecting the eligibility for the registration or identification, as the case may be, of animals by the association;

  • (l) establishing the procedure to be followed in applications for the registration or identification, as the case may be, of animals by the association;

  • (m) respecting the issuance of certificates of registration or certificates of identification, as the case may be, by the association and the amendment, transfer and cancellation of such certificates;

  • (n) respecting the individual identification of animals registered or identified, as the case may be, by the association, the supervision of all practices in relation thereto and the manner in which unsatisfactory practices in relation thereto are to be dealt with;

  • (o) respecting the keeping of pedigrees and breeding records by the association and its members and the inspection by the association of pedigrees and breeding records kept by its members;

  • (p) respecting the recording of transfers of ownership of animals registered or identified, as the case may be, by the association;

  • (q) respecting the payment of fees for certificates of registration and certificates of identification, as the case may be, for transfers of ownership and for all other services provided by the association, and establishing the method of determining the amount of those fees; and

  • (r) for the administration and management of the business and affairs of the association.

• Marginal note:By-laws generally

  (2) Notwithstanding subsection (1), an association may make any by-law necessary for the conduct of its business and affairs, including, without restricting the generality of the foregoing, by-laws

  • (a) respecting the promotion and establishment of breed improvement programs;

  • (b) respecting the inspection of animals as a prerequisite to their registration or identification, as the case may be, by the association;

  • (c) respecting performance standards that animals must meet as a prerequisite to their registration or identification, as the case may be, by the association; and

  • (d) respecting the resignation, suspension and expulsion of any member of the association.

• Marginal note:Mandatory by-laws

  (3) Where an association keeps records of semen and embryos pursuant to section 33 and issues semen certificates and embryo certificates in respect thereof, the association shall do so only in accordance with its by-laws, and, for that purpose, the association shall make by-laws

  • (a) respecting the recording and the individual identification of semen and embryos, the supervision of all practices in relation thereto and the manner in which unsatisfactory practices in relation thereto are to be dealt with;

  • (b) respecting the issuance of semen certificates and embryo certificates, and the amendment, transfer and cancellation of those certificates; and

  • (c) respecting the recording of transfers of ownership of semen and embryos by the association.

Marginal note:When by-law has effect

• 16 (1) No by-law of an association and no amendment or repeal of any by-law of an association has any effect until it is approved by the Minister.

• Marginal note:Application for approval

  (2) An application to the Minister for approval of a by-law or an amendment or repeal of a by-law must be accompanied by three copies of the proposed by-law, amendment or repeal.

• Marginal note:Minister may require evidence

  (3) Where the making, amendment or repeal of any by-law of an association is, by reason of another by-law of the association, subject to any formality or requirement, the Minister may, before approving any by-law or any amendment or repeal of a by-law, require evidence by affidavit or statutory declaration that the formality or requirement in relation thereto has been complied with.

• Marginal note:Certificate of by-law approval

  (4) Where the Minister approves a by-law or an amendment or repeal of a by-law, the Minister shall issue a certificate of by-law approval, or a certificate of by-law repeal, as the case may be, in respect thereof.

Marginal note:Effect of by-laws

17 The by-laws of an association bind every member of the association.

Marginal note:Member’s right to inspect by-laws

18 The by-laws of an association shall, at all reasonable times, be made available to the members of the association for the purposes of inspection and making copies thereof.

Marginal note:No fine or penalty

• 19 (1) No by-law of an association may impose any fine or monetary penalty of any kind and no fine or monetary penalty of any kind may be imposed by an association in respect of any non-compliance with its by-laws.

• Marginal note:Fees not fines

  (2) For the purposes of subsection (1), a fee referred to in paragraph 15(1)(q) is not a fine or a monetary penalty.

Amendment of Articles of Incorporation

Marginal note:Amendment of articles of incorporation

• 20 (1) An association that desires to amend its articles of incorporation for one or more of the following purposes, namely,

  • (a) to change the association’s name,

  • (b) to add the name of a distinct breed or evolving breed in respect of which the association is to be authorized to register or identify the animals thereof or to delete the name of any distinct breed or evolving breed that the association is authorized to register or identify the animals thereof, or

  • (c) where the association is incorporated in respect of an evolving breed, to transform the association into an association incorporated in respect of a distinct breed,

  may make an application for that purpose by submitting articles of amendment to the Minister.

• Marginal note:Contents of articles of amendment

  (2) Articles of amendment submitted pursuant to subsection (1) must

  • (a) be in the prescribed form;

  • (b) set out the proposed amendment;

  • (c) contain a statutory declaration attesting that the members of the association have been consulted in writing in the prescribed manner in relation to the proposed amendment, that twenty-five per cent or more of the members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and

  • (d) be submitted in triplicate in the prescribed manner.

• Marginal note:Proof required

  (3) Where the amendment proposed in articles of amendment is the addition of the name of a distinct breed or evolving breed in accordance with paragraph (1)(b), the articles of amendment must be accompanied by proof that the association represents the breeders throughout Canada of the animals of the distinct breed or evolving breed.

Marginal note:Deletion for certain purposes

• 21 (1) Where an association is authorized to register or identify animals of more than one distinct breed or evolving breed, the association or one or more members of the association may submit articles of amendment to delete the name of the distinct breed or evolving breed from the association’s articles of incorporation,

  • (a) to allow for the making of an application for incorporation in respect of one of the distinct breeds or evolving breeds; or

  • (b) to enable another association to amend its articles of incorporation to add the name of one of the distinct breeds or evolving breeds.

• Marginal note:Contents

  (2) Articles of amendment submitted pursuant to subsection (1) must

  • (a) be in prescribed form;

  • (b) set out the proposed amendment;

  • (c) contain a statutory declaration attesting that the members of the association who are breeders of the distinct breed or evolving breed to which the proposed amendment relates have been consulted in writing in the prescribed manner in relation to the proposed amendment and that twenty-five per cent or more of those members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and

  • (d) be submitted in the prescribed manner.

• Marginal note:Minister may determine entitlement

  (3) Where there is any dispute as to who is entitled to be consulted in relation to articles of amendment submitted pursuant to subsection (1), any member of the association may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned.

Marginal note:Other documents must accompany

22 The Minister shall consider articles of amendment submitted pursuant to section 21 only if the articles of amendment are accompanied by

• (a) an application for incorporation in respect of the distinct breed or evolving breed to which the articles of amendment relate, or

• (b) articles of amendment to add the name of the distinct breed or evolving breed to which the articles of amendment relate to another association’s articles of incorporation

and the Minister may approve the articles of amendment only if the Minister is satisfied that the application for incorporation or the other association’s articles of amendment should also be approved.

Marginal note:Certificate of amendment

• 23 (1) Where the Minister is satisfied that articles of amendment should be approved, the Minister shall issue a certificate of amendment in respect thereof.

• Marginal note:Endorsement

  (2) Where the Minister issues a certificate of amendment, the Minister shall cause

  • (a) to be endorsed on each copy of the articles of amendment a statement attesting that a certificate of amendment has been issued in respect thereof;

  • (b) two copies of the endorsed articles of amendment to be filed in the Department of Agriculture and Agri-Food;

  • (c) the remaining copy of the endorsed articles of amendment to be returned to the association; and

  • (d) a notice of the issuance of the certificate of amendment to be published in the Canada Gazette.

• Marginal note:Effect of certificate

  (3) An amendment is effective on the date shown in the certificate of amendment and the articles of incorporation of the association are amended accordingly.

Marginal note:Association liable for debts

• 24 (1) Where articles of amendment are submitted pursuant to section 21 and a certificate of amendment is issued in respect thereof along with a certificate of incorporation in respect of the association established as a result of the application for incorporation referred to in paragraph 21(1)(a) or a certificate of amendment in respect of an association referred to in paragraph 21(1)(b), that association is liable for and shall, within one year after the effective date of the certificate of incorporation or certificate of amendment, pay to the association from whose articles of incorporation the name of the distinct breed or evolving breed was deleted an amount equal to the amount of that association’s total debts as of the day the certificate of amendment pertaining to the deletion becomes effective multiplied by the proportion that

  • (a) the total number of registrations or identifications made by that association in relation to animals of the deleted distinct breed or evolving breed in the immediately preceding three years

  bears to

  • (b) the total number of registrations and identifications made by that association in the immediately preceding three years.

• Marginal note:Minister may determine debts

  (2) Where no agreement can be reached as to the amount of the debts or the number of registrations and identifications,

  • (a) any member of the association from whose articles of incorporation the name of the distinct breed or evolving breed is to be deleted,

  • (b) any applicant in relation to the proposed new association, and

  • (c) any member of the association to whose articles of incorporation the name of the distinct breed or evolving breed is to be added

  may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned.