Revised Statutes of Newfoundland 1990 Chapter L-21

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Revised Statutes of Newfoundland 1990

CHAPTER L-21

AN ACT RESPECTING THE SALE OF LIVESTOCK
Analysis

1. Short title

2. Definitions

3. Application

4. Appointment of officials

5. Licence to conduct sales

6. Conditions of licence

7. Requirements for sales

8. Manner of assembling livestock

9. Pre-conditions to sale

10. Cleaning of premises before sale

15. Evidence of conducting business

Short title

1. This Act may be cited as the Livestock Community Sales Act.

RSN1970 c211 s1

2. In this Act

(a) "community sale" means a sale or offering for sale of livestock

(i) at an established and recognized place of business where livestock is assembled for that purpose,

(ii) at a railway depot, siding or car or at dock side or from a vessel there, or

(iii) from a motor vehicle or trailer,

whether by a public auction or private arrangement;

(b) "inspector" means an inspector appointed for the purposes of this Act;

(d) "livestock" means cattle, horse, goats, sheep or swine and their young;

(e) "minister" means the Minister of Forestry and Agriculture;

(f) "operator" means a person engaged in the business of conducting community sales;

(g) "premises" means the land, buildings and structures at the place of business of an operator;

(h) "provincial veterinarian" means the veterinarian appointed by the province to direct veterinary services within the province;

(i) "veterinarian" means a veterinarian appointed under this Act; and

(j) "veterinary inspector" means a veterinarian who is also an inspector.

RSN1970 c211 s2; 1973 No37 Sch;
1975-76 No54 s1; 1979 c49 Sch B; 1982 c40 s1; 1989 c18 Sch B

3. This Act does not apply to a sale

(a) of purebred livestock born and raised in the province;

(b) of a dairy herd from the premises of origin; or

1977c83s1

4. The Lieutenant-Governor in Council may appoint those

(a) veterinarians;

(b) inspectors; and

that he or she considers necessary or advisable for the purposes of this Act and the regulations and prescribe their duties and functions.

RSN1970 c211 s6

5. A person shall not engage in the business of conducting community sales in the province without being the holder of an existing licence from the provincial veterinarian.

RSN1970 c211 s7

6. A licence is subject to the condition that the operator

(a) maintains the security required by the regulations;

(b) is in possession of premises that have at least 1 building adequate for the housing of livestock assembled for the purpose of sale; and

RSN1970 c211 s8

7. (1) An operator shall not hold a community sale unless

(a) each building housing livestock is subdivided into areas or pens, so that each species or class of livestock may be separately maintained and so that livestock designated for sale for slaughter may be maintained apart from livestock designated for sale for purposes other than slaughter;

(b) facilities for watering livestock are provided in each subdivision in which livestock is maintained;

(c) floors in buildings housing livestock and passageways used by livestock have reasonably smooth and impermeable surfaces;

(d) walls, partitions, barriers, fences, mangers, troughs or other structures or parts of them with which livestock may come in contact are free from sharp projections and obstructions capable of injuring livestock; and

(e) a set of scales with a weighing capacity of at least 3,000 pounds is installed and maintained in good operating condition.

(2) Paragraph (1)(e) does not apply to the sale of livestock other than slaughter or feeder livestock.

RSN1970 c211 s9; 1977 c83 s2

8. An operator shall not assemble livestock for sale in greater numbers than may be housed, fed, watered and otherwise adequately cared for on the premises without overcrowding or risk of injury.

RSN1970 c211 s10

9. A community sale shall not be held until a veterinarian has

(a) inspected the premises where the sale is to be held;

(b) examined, inspected and identified all livestock to be offered for sale; and

RSN1970 c211 s11

10. An operator shall clean and disinfect his or her premises in a manner prescribed by the regulations at least 24 hours before livestock is received there for the purpose of a community sale.

RSN1970 c211 s12

11. An operator shall maintain, for at least 12 months after each sale, a record of sale showing

(a) the names and addresses of the vendors and buyers of the livestock;

(b) the dates of arrival at and departure from his or her premises of the livestock;

(d) in cases where livestock is sold by weight, their weight.

RSN1970 c211 s13

12. (1) The provincial veterinarian, a veterinary inspector, a lay inspector or other officer appointed under this Act may enter at a reasonable time any premises for the purpose of enforcing this Act.

(2) A person shall not interfere with or obstruct the provincial veterinarian or an inspector or other officer appointed under this Act in the performance of his or her duties or refuse to permit inspection of the premises or livestock, or give the provincial veterinarian, inspector or officer false information.

(3) A person shall, whenever required by the provincial veterinarian, an inspector or other officer appointed under this Act, provide books, records or other documents relating to livestock assembled or sold at a community sale.

RSN1970 c211 s14

13. The Lieutenant-Governor in Council may make regulations

(a) providing for the issue, renewal and refusal to grant or renew, suspension and revocation of licences;

(b) providing for a person whose licence is refused, suspended, revoked or not renewed, or in respect of whom the refusal, suspension, revocation or non-renewal is being considered, to show cause why the licence should not be so refused, revoked or suspended, or why it should be renewed;

(d) prescribing fees payable for a licence and for a renewal of it;

(e) requiring the bonding of operators and prescribing the amount and form of the bonds, the types or classes of securities acceptable as collateral security, the period that bonds shall exist, the conditions upon which bonds may be forfeited and respecting all matters subsequent to forfeiture;

(f) prescribing the duties of the provincial veterinarian, other veterinarians, inspectors and other officers appointed under this Act;

(g) respecting the times of delivery of livestock to premises and the hours for holding sales;

(h) respecting the conditions under which livestock shall be assembled or offered for sale;

(i) prescribing the manner in which premises shall be cleaned and disinfected;

(j) designating diseases and providing for the disposal of livestock found infected with a disease;

(k) prescribing forms necessary or desirable for use in enforcing these regulations;

(l) providing for the holding of inquiries into the operation of this Act and into a charge or complaint that an operator or other person has contravened this Act or the regulations, or has made a false statement in a form, return, account or statement required to be made under this Act or the regulations, or into other matters arising in the administration of this Act, and providing that the person holding the inquiry shall have the powers that are or may be conferred upon a commissioner under the Public Inquiries Act, including the power to take evidence under oath or affirmation;

(m) requiring and prescribing returns and statements to be made by persons holding licences and other persons, the information to be given in the returns and statements, and by whom and in what manner and at what time they shall be made;

(n) exempting persons or classes of persons from the application of this Act or the regulations; and

(o) generally, to give effect to the purpose of this Act.

RSN1970 c211 s15

14. A person who contravenes this Act or the regulations, or makes a false statement in an application, form, return, account, record, statement or other document made under this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $500 for a 1st offence and not more than $1,000 for a subsequent offence, and, for either a 1st or subsequent offence, in default of payment of a fine or in addition to a fine, to imprisonment for a period not exceeding 6 months.

RSN1970 c211 s16

15. Where, in a prosecution under this Act, it is alleged that the accused engaged in the business of conducting community sales in the province without being the holder of an existing licence under this Act, evidence of 1 transaction is, in the absence of evidence to the contrary, evidence that the accused engaged in that business.

RSN1970 c211 s17