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St. John's, Newfoundland and Labrador, Canada

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NEWFOUNDLAND AND LABRADOR
REGULATION 38/12

Fur Farming Regulations
under the
Animal Health and Protection Act
(O.C. 2012-104)

(Filed May 2, 2012)

Under the authority of sections 8, 45, 65 and 66 of the Animal Health and Protection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , May 2, 2012.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Fur Farming Regulations .

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Definitions

        2. In these regulations

             (a)  "fur farm" means a place where fur bearing animals are maintained or kept in captivity for a commercial purpose or a breeding purpose;

             (b)  "fur farm licence" means a licence issued under the Act in respect of a fur farm;

             (c)  "licensee" means the holder of a fur farm licence;

             (d)  "pelt" means the unprocessed skin of a fur bearing animal;

             (e)  "premises" includes yard, field, corral, farm and garden whether or not they are enclosed with fences or walls and an abattoir, shed, barn, cabin, shack or other building or erection;

              (f)  "skin" means the unprocessed skin of a fur bearing animal which has been removed from the carcass of that animal; and

             (g)  "Wild Life Division" means the division of the government of the province with the mandate to protect and conserve the province's biodiversity and manage the wild life resources of the province for the benefit of present and future generations.

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Licence required

        3. (1)  A person shall obtain a fur farm licence for each site from which he or she intends to own or operate a fur farm .

             (2)  A fur farm licence shall specify the species of fur bearing animal that may be maintained or kept in captivity on the fur farm.

             (3)  A species of fur bearing animal that may be maintained or kept in captivity on a fur farm is one

             (a)  for which a permit has been received under section 82.1 of the Wild Life Regulations ; 

             (b)  for which written permission has been received under section 83.1 of the Wild Life Regulations ; or

             (c)  to which section 82.1 or 83.1 of the Wild Life Regulations does not apply.

             (4)  A fur farm licence may not be transferred or assigned without the approval of the minister.

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Conditions of licensure

        4. (1) A condition of licensure is compliance with the provisions of the Animal Protection Standards Regulations that apply to the species of fur bearing animal maintained or kept in captivity on the fur farm.

             (2)  Euthanasia of a fur bearing animal that is maintained or kept in captivity on a fur farm shall be in accordance with the Animal Protection Regulations .

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Clean and sanitary condition

        5. A licensee shall maintain the fur farm in a clean and sanitary condition and ensure that a fur bearing animal is maintained or kept in captivity in it in a manner that would not cause it avoidable suffering or injury.

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Protective barrier

        6. A licensee of a fur farm where a fur bearing animal other than mink is maintained or kept in captivity shall construct and maintain a protective barrier to prevent the escape of the captive fur bearing animal from the fur farm and the entrance of a wild fur bearing animal onto the fur farm.

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Protective barrier - mink farm

        7. (1) A licensee of a fur farm where mink are maintained or kept in captivity shall construct and maintain a protective barrier to prevent the entrance of a wild mink onto the fur farm and to prevent the escape of a captive mink from the fur farm.

             (2)  The protective barrier shall comprise a fence  

             (a)  that is a 9 gauge galvanized chain link fence with a mesh size of 3.81 centimetres;

             (b)  that has the fence mesh extending 1.8288 metres in height above grade and 30.48 centimetres in height below grade for a total fence mesh height of 2.1336 metres; and

             (c)  that is installed using standard grade steel posts and a top rail.

             (3)  Spacing of vertical fenceposts shall not exceed 2.4384 metres.

             (4)  The seams of a gate of the fence shall not exceed 2.54 centimetres in width.

             (5)  The fence shall be topped for its entirety with an 18 gauge sheet metal roof that

             (a)  is constructed of stock that is 30.48 centimetres wide;

             (b)  has a 1.27 centimetre fold along each lengthwise edge;

             (c)  is creased at its midpoint to a 45 degree angle; and

             (d)  is securely affixed lengthwise on top of the top rail pipe of the fence.

             (6)  Notwithstanding paragraph (2)(b), a fence in a region with an average maximum snow depth in excess of 99 centimetres as determined by Natural Resources Canada and published in The Atlas of Canada , shall be erected with a height above grade of 2.4384 metres and a height below grade of 30.48 centimetres for a total height of 2.7432 metres.  

             (7)  Notwithstanding paragraphs (2)(a), (2)(c) and subsection (5), the minister may, in his or her discretion, accept wood, metal or a material other than that which is prescribed.

             (8)  Notwithstanding subsection (5), the minister may, in his or her discretion, accept a manner of construction of a fence that prevents the entrance of a wild mink onto the fur farm and the escape of a captive mink from the fur farm, other than the prescribed roofing requirements.

             (9)  Notwithstanding subsections (2) to (6), the minister may, in his or her discretion, accept as a protective barrier or as part of a protective barrier a building or another structure that is constructed in a manner that prevents the entrance of a wild mink onto the fur farm and the escape of a captive mink from the fur farm.

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Snow removal

        8. A licensee shall remove snow inside and outside a protective barrier immediately.

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Duty to report escape

        9. A licensee or custodian of a captive fur bearing animal shall immediately report to an inspector the escape of a captive fur bearing animal from the fur farm.

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Duty to recapture escaped animal

      10. (1) A licensee or custodian of a captive fur bearing animal shall immediately recapture a captive fur bearing animal that has escaped from the fur farm.

             (2)  A licensee or custodian of a captive fur bearing animal may direct his or her agent to recapture or attempt to recapture the animal under subsection (1).

             (3)  A licensee or custodian of a captive fur bearing animal or his or her agent directed under subsection (2) may destroy or dispose of a captive fur bearing animal that has escaped from the fur farm or the pelt or other product of that animal.

             (4)  The recapture or attempt to recapture, destruction or disposal of a captive fur bearing animal or the pelt or other product of that animal under this section shall be in accordance with

             (a)  the Wild Life Act and regulations and orders made under that Act; and

             (b)  the direction of the minister under section 12 .

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Inspector may capture animal at large

      11. (1) An inspector may recapture or attempt to recapture a captive fur bearing animal that has escaped or has been released from a fur farm, upon the request of the licensee or where in the opinion of the inspector it is necessary to do so.

             (2)  An inspector may direct that his or her delegate or agent recapture or attempt to recapture the animal under subsection (1).

             (3)  An inspector or his or her delegate or agent directed under subsection (2) may destroy or dispose of a captive fur bearing animal that has escaped or has been released from a fur farm or the pelt or other product of that animal.

             (4)  The recapture or attempt to recapture, destruction or disposal of a captive fur bearing animal or the pelt or other product of that animal under this section shall be in accordance with

             (a)  the Wild Life Act and regulations and orders made under that Act; and

             (b)  the direction of the minister under section 12 .

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Disposal

      12. The minister may, in cooperation with the Wild Life Division and consistent with the Wild Life Act and regulations made under that Act, determine the manner of disposal of a captive fur bearing animal that has escaped or has been released from a fur farm.

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Minister may recover expenses

      13.           (1) Where the minister incurs costs, expenses or charges to recapture, attempt to recapture, destroy or dispose of a captive fur bearing animal that has escaped or has been released from a fur farm, or the pelt or other product of that animal, the reasonable costs, expenses or charges are recoverable from the licensee as a debt owed to the Crown.

             (2)  The minister shall notify the licensee of his or her determination of the amount of recoverable costs, expenses or charges within 3 months of the conclusion of the recapture period as determined by the minister.

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Prohibition

      14. A person shall not release or permit the escape of, or attempt to release or permit the escape of, a captive fur bearing animal from a fur farm.

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Suspended licence

      15. (1) Where a fur farm licence is suspended under section 57 of the Act, the person whose licence is suspended shall not destroy, sell or otherwise dispose of the captive fur bearing animals, the pelts or other products of the captive fur bearing animals or otherwise operate the fur farm for a commercial purpose or a breeding purpose, without the permission of the minister or an inspector.

             (2)  A person whose fur farm licence is suspended in its entirety or in part shall, during the period of the suspension,

             (a)  maintain the site of the fur farm in accordance with sections4 , 5 , 7 and 8 ;

             (b)  maintain the captive fur bearing animals at the fur farm in accordance with sections 4 and 5 , unless this would be inconsistent with the permission under subsection (1) or the terms and conditions of the suspension; and

             (c)  report the escape of captive fur bearing animals and carry out acts in accordance with sections 9 and 10 .

             (3)  A person whose fur farm licence is suspended in its entirety or in part shall be responsible for the payment of costs, expenses or charges which the minister recovers under section 13 .

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Cancelled licence

      16. (1) Where a fur farm licence is cancelled under section 57 of the Act, the person whose licence is cancelled shall not destroy, sell or otherwise dispose of the captive fur bearing animals, the pelts or other products of the captive fur bearing animals or otherwise operate the fur farm for a commercial purpose or a breeding purpose, without the permission of the minister or an inspector.

             (2)  A person whose fur farm licence is cancelled in its entirety or in part shall, from the time the licence is cancelled until the captive fur bearing animals are disposed of,

             (a)  maintain the site of the fur farm and the captive fur bearing animals at that site in accordance with sections 4 , 5 , 7 and 8 ; and

             (b)  report the escape of captive fur bearing animals and carry out acts in accordance with sections 9 and 10 .

             (3)  A person whose fur farm licence is cancelled in its entirety or in part shall be responsible for payment of costs, expenses or charges which the minister recovers under section 13 .

             (4)  The minister may require as a condition of licensure that a licensee have a plan for the closure of the fur farm and the disposal of the captive fur bearing animals upon cancellation of the fur farm licence.

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Suspension or cancellation

      17. (1) The minister may prescribe terms and conditions respecting the cancellation or suspension of a fur farm licence under section 57 of the Act.

             (2)  Where a fur farm licence is suspended or cancelled, the suspension or cancellation may apply to the licence in its entirety or to one or more of the operations of the fur farm that are authorized by the licence.

             (3)  The suspension or cancellation of a fur farm licence may be in addition to another penalty.

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Inspection

      18. A licensee shall permit the fur farm to be inspected at all reasonable times by an inspector.

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Commencement

      19. These regulations come into force on May 2, 2012.