Brand Regulations (R.R.S. c. A-20.1 Reg. 1)

BRAND 1 A-20.1 REG 1 The Brand Regulations being Chapter A-20.1 Reg 1 as amended by Saskatchewan Regulations 6/85, 106/88, 129/92, 83/96; 42/1999, 83/2003, 3/2004, 1/2011 and an Errata Notice published in Part II of The Saskatchewan Gazette, April 1, 2011. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. http://www.qp.gov.sk.ca/documents/gazette/part2/1996/g2199645.pdf http://www.qp.gov.sk.ca/documents/gazette/part2/1999/g2199923.pdf http://www.qp.gov.sk.ca/documents/gazette/part2/2003/G2200334.pdf http://www.qp.gov.sk.ca/documents/gazette/part2/2004/G2200405.pdf http://www.qp.gov.sk.ca/documents/gazette/part2/2011/G2201101.pdf http://www.qp.gov.sk.ca/documents/gazette/part2/2011/G2201113.pdf BRAND 2 A-20.1 REG 1 Table of Contents BRAND SPECIFICATIONS 9 Cattle brands 10 Horse brands 11 Characters 12 Repealed 13 Unclassified brand 14 Additional identifying numerals 14.1 Repealed 15 Notches 16 Electronic record and publication of marks Appendix FORMS Form A Application to Register Brand Form A.1 Application to Register Notch Form B Application to Transfer Brand Form B.1 Application to Transfer Notch Form C Application to Re-register Brand Form C.1 Application to Re-register Notch TITLE AND INTERPRETATION 1 Title 2 Interpretation BRAND REGISTRATION 3 Applications for registration, renewal and transfer 4 Re-registration of brands 5 Repealed 6 Repealed 7 Fees ERROR IN BRANDING 8 Declaration re error BRAND 3 A-20.1 REG 1 CHAPTER A-20.1 REG 1 The Animal Identification Act TITLE AND INTERPRETATION Title 1 These regulations may be cited as The Brand Regulations. Interpretation 2 In these regulations: (a) “Act” means The Animal Identification Act; (b) “brand” means a permanent mark applied to the hide of a head of cattle, or other animal of the bovine species, or of a horse or other animal of the equine species, with a hot or cold metal device intended for that purpose; (b.1) “brand design” means all characters that make up a brand; (c) “character” means an acceptable component of a brand design as described in section 11; (c.01) “corporate brand registration” means a lifetime mark registered in the name of a corporation pursuant to the Act; (c.02) “Form” means a form set out in the Appendix; (c.1) “immediate family” means the spouse, child, child’s spouse, parent, sibling, nephew, niece, aunt, uncle, grandparent or grandchild of the person in whose name the brand is or was registered; (c.2) “notch” means a permanent mark applied to sheep consisting of an indentation or a pattern of indentations made by removing a portion of the edge of the sheep’s ear or ears; (d) “special category code” means a brand design that must be coded in the special allotment of 99, 9999 and 999999 range, and that cannot be described without the use of a directory that shows each brand design. 11 Dec 81 cA-20.1 Reg 1 s2; 8 Nov 96 SR 83/96 s3; 11 Jun 99 SR 41/1999 s3; 21 Jan 2011 SR 1/ 2011 s3. BRAND 4 A-20.1 REG 1 BRAND REGISTRATION Applications for registration, renewal and transfer 3(1) An application: (a) to register a brand is to be in Form A; (b) to register a notch is to be in Form A.1; (c) to transfer a brand is to be in Form B; or (d) to transfer a notch is to be in Form B.1. (2) Notwithstanding subsection (1), the minister may accept an application mentioned in subsection (1) that is not in the form prescribed in that subsection if the minister is satisfied that the application contains the information set out in the form and is otherwise acceptable. (3) A request to renew a registered brand or notch is to be in a form acceptable to the minister. 21 Jan 2011 SR 1/2011 s4. Re-registration of brands 4(1) Where a four-year brand registration has expired and the person in whose name it was registered wants to re-register the brand, that person shall apply, within 5 years from the expiry date of the last registration, using Form C of the Appendix. (1.1) Where a four-year notch registration has expired and the person in whose name it was registered wants to re-register the notch, that person shall apply, within five years after the expiry date of the last registration, using Form C.1 of the Appendix. (2) If a person who has a registered lifetime brand dies and the person’s spouse or child wants to re-register the lifetime brand, the person’s spouse or child shall apply to re-register the brand, within five years from the date the registration expired, using Form C of the Appendix. (3) If a corporate brand registration has expired on the 20th anniversary of the registration and the corporation intends to re-register the brand, the corporation shall apply in Form C. (4) An application pursuant to subsection (3) must be made within five years after the date on which the registration expired. (5) If a corporate notch registration has expired on the 20th anniversary of the registration and the corporation intends to re-register the notch, the corporation shall apply in Form C.1. (6) An application pursuant to subsection (5) must be made within five years after the date on which the registration expired. 8 Nov 96 SR 83/96 s5; 11 Jun 99 SR 41/1999 s5; 21 Jan 2011 SR 1/2011 s5. 5 Repealed. 8 Nov 96 SR 83/96 s6. 6 Repealed. 8 Nov 96 SR 83/96 s6. BRAND 5 A-20.1 REG 1 Fees 7(1) A fee of $25 is required with each application for any one of the following: (a) initial registration of a four-year brand or notch; (b) renewal of a registered four-year brand or notch; (c) transfer of a registered four-year brand or notch; (d) re-registration of a registered four-year brand or notch; (e) transfer of a lifetime brand or notch to a four-year brand or notch, as the case may be, by the person in whose name the brand or notch is registered; (f) in the case of a joint registration, transfer of a lifetime brand or notch to the remaining registrants. (2) A fee of $200 is required with each application for any one of the following: (a) in the case of an application by a person other than a corporation for a lifetime brand or notch; (a.1) in the case of an application by a corporation for a corporate brand registration; (b) re-registration of a lifetime brand or notch following the death of the original registrant by that registrant’s spouse or child; (c) transfer of a lifetime brand or notch to a person who is not described in clause (1)(f); (d) re-registration of a corporate brand registration. (3) No fee is required with an application to transfer a four-year rib brand or a lifetime rib brand to another available position. 8 Nov 96 SR 83/96 s7; 11 Jun 99 SR 42/1999 s6; 21 Jan 2011 SR 1/2011 s6. ERROR IN BRANDING Declaration re error 8 Where a person in whose name a brand or notch is registered has knowledge that the brand or notch has been applied incorrectly to any animal owned by that person, he or she shall: (a) submit to the director a declaration, on a form acceptable to the minister, describing the branding or notching errors; and (b) retain a true copy of the declaration for presentation to the inspector at the time of inspection of such animal. 11 Dec 81 cA-20.1 Reg 1 s8; 8 Nov 96 SR 83/96 s8; 11 Jun 99 SR 42/1999 s7. BRAND 6 A-20.1 REG 1 BRAND SPECIFICATIONS Cattle brands 9(1) Brands for use on cattle are to consist of at least two characters. (2) Each brand for use on cattle is to measure at least 75 millimetres in height and 50 millimetres in width when applied to an animal. (3) Brands for use on cattle may be applied to the shoulder, rib or hip position on the left or right side of the animal; (4) Notwithstanding subsections (1) to (3), the mark “C N” may be applied to cattle if the cattle are intended to be fed in the United States of America. (5) The mark mentioned in subsection (4) may be applied without registering it as a brand. 11 Dec 81 cA-20.1 Reg 1 s9; 8 Nov 96 SR 83/96 s9; 11 Jun 99 SR 42/1999 s8; 21 Jan 2011 SR 1/2011 s7. Horse brands 10(1) Subject to section 11, brands for use on horses are to consist of: (a) one or more capital letters of the English alphabet, Arabic numerals or other characters; or (b) a combination of capital letters of the English alphabet, Arabic numerals and other characters. (2) Each brand for use on horses is to measure at least 50 millimetres in height and 25 millimetres in width when applied to an animal. (3) Subject to subsections (4) and (5), brands for use on horses may be applied to the shoulder, hip, neck or jaw position on the left or right side of the animal. (4) Brands registered in the neck position prior to the coming into force of these regulations may only be transferred, renewed or re-registered. (5) No new registrations are to be issued for brands in the neck position. 11 Dec 81 cA-20.1 Reg 1 s10; 8 Nov 96 SR 83/96 s10. Characters 11(1) The following characters are acceptable components of a registered brand design: (a) capital letters of the English alphabet, except the letter Q; (b) Arabic numerals, except the numerals zero and one; (c) a triangle; (d) a diamond; V BRAND 7 A-20.1 REG 1 (e) a bar in the horizontal position that is applied: (i) above or below any letters or numerals; or (ii) before, after or between the letter(s) or numeral(s); (f) a cross or plus; (g) a flying wing; (h) a shelter symbol, as prescribed in any regulation made pursuant to Parts VI or VI.1 of The Farm Financial Stability Act; (i) a slash that is applied: (i) at a 45o angle from horizontal; and (ii) to the left or right of a letter or numeral; (j) a quarter circle that is applied: (i) above the letters or numerals of a brand with the ends of the arc pointing upward; or (ii) below the letters or numerals of a brand with the arc pointing downward; (k) a half diamond that is applied: (i) above the letters or numerals of a brand with the apex pointing upward; or (ii) below the letters or numerals of a brand with the apex pointing downward. (2) The capital letters C and E of the English alphabet are to be registered only in the forward position. (3) The capital letters M and W of the English alphabet are to be registered only in the upright and forward position. (4) The capital letters F and G of the English alphabet are to be registered only in the reverse position. (5) Capital letters of the English alphabet and Arabic numerals that are applied in the horizontal position are classified as lazy characters. (6) The capital letters N, I , U and V of the English alphabet cannot be lazy. (7) The capital letter L of the English alphabet and the Arabic numeral 7 cannot be lazy right. 8 Nov 96 SR 83/96 s11; 11 Jun 99 SR 42/1999 s9; 30 Jan 2004 SR 3/2004 s2. 12 Repealed. 8 Nov 96 SR 83/96 s11. BRAND 8 A-20.1 REG 1 Unclassified brands 13(1) In this section, “unclassified brand” means a brand: (a) that has the letters, numerals or characters joined or enclosed in any manner; (b) that is coded in the special category code; or (c) that has letters, numerals or characters that do not comply with section 11. (2) Notwithstanding any other provision of these regulations, a person may apply to register an unclassified brand. (3) On receipt of an application pursuant to subsection (2) and if the minister is satisfied that the brand is not identical or similar to any other brand, that the brand is clear and that it is in the public interest to do so, the minister may approve the registration of the unclassified brand. (4) If the registration of an unclassified brand has not expired, that brand may be: (a) renewed; (b) registered to be applied to another available position on an animal; or (c) if registered in the name of an individual: (i) transferred to any member of the immediate family of the individual in whose name that brand is registered; or (ii) transferred to any member of the immediate family of the individual in whose name that brand is registered to be applied to another available position on an animal. (5) Subject to subsection (6), if the registration of an unclassified brand has expired, that brand may be re-registered at any time but only: (a) in the name of the person in whose name that brand was registered; or (b) if the registration is in the name of an individual, in the name of a member of the immediate family of the individual in whose name that brand was registered. (6) Re-registration of an unclassified brand pursuant to subsection (5) is subject to the approval of the minister. 21 Jan 2011 SR 1/2011 s8. Additional identifying numerals 14 Notwithstanding sections 9 and 10, the holder of a registered brand may, to facilitate individual animal identification and without registering such numerals, apply one or more Arabic numerals immediately below the registered brand. 11 Dec 81 cA-20.1 Reg 1 s14. 14.1 Repealed. 21 Jan 2011 SR 1/2011 s9. BRAND 9 A-20.1 REG 1 Notches 15 Notches for use on sheep are to consist of one to four permanent indentations made: (a) in a unique pattern in the edge of a sheep’s ear or ears; and (b) in accordance with generally accepted standards of animal health and welfare. 11 Jun 99 SR 42/1999 s11. Electronic record and publication of marks 16(1) The director shall: (a) for the purposes of section 16 of the Act, keep an electronic record of all registered brands and notches; and (b) for the purposes of section 18 of the Act, publish a list of all registered brands and notches, either in paper or electronic format, in a publication to be known as the Saskatchewan Registered Livestock Brands Book. (2) The fee to purchase a copy of the Saskatchewan Registered Livestock Brands Book, either in paper or electronic format, is the cost, as determined by the minister, of making and distributing the copy. (3) For the purposes of section 17 of the Act, any person wishing a search of the electronic record mentioned in subsection (1) shall submit to the director: (a) an application, in the form determined by the director; and (b) a fee of $30 per hour based on the time estimated to perform the search. 11 Jun 99 SR 42/1999 s11; 21 Jan 2011 SR 1/ 2011 s10. BRAND 10 A-20.1 REG 1 Application for Registration (indicate one by ) Cattle Brand Horse Brand under The Animal Identification Act Saskatchewan JusticeSaskatchewan Agriculture and Food Livestock & Veterinary Operations Branch 3085 Albert Street Regina, Saskatchewan S4S 0B1 Phone: 787-4682 Fax: 787-1315 Yes No Should none of the above brands be available, will you leave the choice of the design to the Livestock & Veterinary Operations Branch? Postal Code Telephone Description of Brand Desired Position of Brand on Animal For Office Use Only 2nd Choice 3rd Choice 4th Choice 5th Choice 6th Choice 1st Choice Street Address or P.O. Box City-Town Initial DateGiven NameSurname Please indicate by and return with appropriate fee: $25.00 to register each 4-year Brand. $200.00 to register each Lifetime Brand. Corporate Lifetime Brand is 20 years. ✔ Livestock & Veterinary Operations Branch Applicant’s Signature or Authorized Agent with Power of Attorney DAY MTH YR Brand to be registered to: Individual(s) Corporation Please print clearly. NOTE: Please make cheque or money order payable to the Minister of Finance FORM A — APPLICATION TO REGISTER BRAND [Subsection 3(1)] ✔ Rural Municipality Number Province Appendix BRAND 11 A-20.1 REG 1 Application for Registration Sheep Notch under The Animal Identification Act Livestock & Veterinary Operations Branch 3085 Albert Street Regina, Saskatchewan S4S 0B1 Phone: 787-4682 Fax: 787-1315 Yes No Should none of the above brands be available, will you leave the choice of the design to the Livestock & Veterinary Operations Branch? Postal Code Telephone Description of Notch Desired Position of Notch For Office Use Only 2nd Choice 3rd Choice 4th Choice 5th Choice 6th Choice 1st Choice Street Address or P.O. Box City-Town Initial DateGiven NameSurname Please indicate by and return with appropriate fee: $25.00 to register each 4-year Notch. $200.00 to register each Lifetime Notch. Corporate Lifetime Notch is 20 years. ✔ Livestock & Veterinary Operations Branch Applicant’s Signature or Authorized Agent with Power of Attorney DAY MTH YR Please print clearly. NOTE: Please make cheque or money order payable to the Minister of Finance FORM A.1 — APPLICATION TO REGISTER NOTCH [Subsection 3(1.1)] Notch to be registered to: Individual(s) Corporation Saskatchewan Agriculture and Food Rural Municipality Number Province BRAND 12 A-20.1 REG 1 Please print clearly. I, (surname) (given) (initials) of (address) (town) (province) (postal code) (telephone) (P.I.C. number (driver’s licence)) being the person to whom the brand as indicated below is (or was) registered, wish to transfer or re-register that brand to: (surname) (given) (initials) of (address) (town) (province) (postal code) (telephone) (Rural Municipality No.) Position where brand is applied to animal: (indicate by ) Left Jaw Right Jaw Left Rib Right Rib Left Hip Right Hip Left Shoulder Right Shoulder Livestock & Veterinary Operations Branch To The Regulatory Section: Kind of brand: (indicate by ) Cattle Brand Horse Brand NOTE: Please make cheque or money order payable to the Minister of Finance. ✔ ✔ and request that you make the transfer of registration to the above-named person pursuant to The Animal Identification Act. Livestock & Veterinary Operations Branch 3085 Albert Street Regina, Saskatchewan S4S 0B1 Phone: 787-4682 Fax: 787-1315 After transfer, brand to be registered to: Individual(s) Corporation Drawing of brand to be transferred. Office Use Only Brand I.D. Present Producer I.D. New Producer I.D. Expiry Date Sworn before me at , Saskatchewan, this day , . A Commissioner for Oaths in and For the Province of Saskatchewan I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force as if made under oath, and by virtue of the Canada Evidence Act. Signature of the Person to whom brand was last registered or Executor of estate Address Telephone $200 to transfer a Lifetime Brand. Corporate Lifetime Brand is 20 years. $25 to transfer a 4-year Brand. $25 to transfer Lifetime Brand to 4 -year Brand. $25 to transfer a Lifetime Brand to remaining registrants. Saskatchewan Agriculture and Food FORM B — APPLICATION TO TRANSFER BRAND [Subsection 3(2)] Application for Transfer (indicate one by ) Cattle Brand Horse Brand Under The Animal Identification Act ✔ BRAND 13 A-20.1 REG 1 Application for Transfer Sheep Notch (indicate one by ) Under The Animal Identification Act I, (surname) (given) (initials) of (address) (town) (province) (postal code) (telephone) (P.I.C. number (driver’s licence)) being the person to whom the notch as indicated below is (or was) registered, wish to transfer or re-register that notch to: (surname) (given) (initials) of (address) (town) (province) (postal code) (telephone) (Rural Municipality No.) Livestock & Veterinary Operations Branch To The Regulatory Section: Position of Notch. NOTE: Please make cheque or money order payable to the Minister of Finance. and request that you make the transfer of registration to the above-named person pursuant to The Animal Identification Act. ✔ Livestock & Veterinary Operations Branch 3085 Albert Street Regina, Saskatchewan S4S 0B1 Phone: 787-4682 Fax: 787-1315 Drawing of Notch to be transferred. Sworn before me at Saskatcfhewan, this day , . A Commissioner for Oaths in and For the Province of Saskatchewan I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force as if made under oath, and by virtue of the Canada Evidence Act. Signature of the Person to whom notch was last registered or Executor of estate Address Telephone $200 to transfer a Lifetime Notch. Corporate Lifetime Notch is 20 years. $25 to transfer a 4-year Notch. $25 to transfer Lifetime Notch to 4-year Notch. $25 to transfer a Lifetime Notch to remaining registrants. Saskatchewan Agriculture and Food After transfer, notch to be registered to: Individual(s) Corporation Office Use Only Notch I.D. Present Producer I.D. New Producer I.D. Expiry Date FORM B.1 — APPLICATION TO TRANSFER NOTCH [Subsection 3(2.1)] Please print clearly. BRAND 14 A-20.1 REG 1 Saskatchewan Agriculture and Food Livestock & Veterinary Operations Branch 3085 Albert Street Regina, Saskatchewan S4S 0B1 Phone: 787-4682 Fax: 787-1315 Please print clearly. Surname Given Name Initial Date City-TownStreet Address or P.O. Box Postal Code Description of Brand Position of brand on animal For Office Use Only Please return with appropriate fee: $25 for re-registration of each expired 4-year Brand. $200 for re-registration of each expired Lifetime Brand. Corporate Lifetime Brand is 20 years. Signature of the Person to whom the brand was last registered or Executor of estate FORM C — APPLICATION TO RE-REGISTER BRAND [Subsections 4(1), (2) and (3)] Application for Re-registration (indicate one by ) Cattle Brand Horse Brand Under The Animal Identification Act Brand to be registered to: Individual(s) Corporation ✔ DAY MTH YR NOTE: Please make cheque or money order payable to the Minister of Finance. Livestock & Veterinary Operations Branch Telephone Rural Municipality No. Province BRAND 15 A-20.1 REG 1 Editorial Appendix Please note that for the convenience of the user the heading “BRAND SPECIFICATIONS” has been added before section 9 of these regulations. Saskatchewan Agriculture and Food Livestock & Veterinary Operations Branch 3085 Albert Street Regina, Saskatchewan S4S 0B1 Phone: 787-4682 Fax: 787-1315 Please print clearly. Surname Given Name Initial Date City-TownStreet Address or P.O. Box Postal Code Rural Municipality No. Description of Notch Position of Notch For Office Use Only Please return with appropriate fee: $25 for re-registration of each expired 4-year Notch. $200 for re-registration of each expired Lifetime Notch. Corporate Lifetime Notch is 20 years. Province Signature of the Person to whom the notch was last registered or Executor of estate FORM C.1 — APPLICATION TO RE-REGISTER NOTCH [Subsections 4(1.1) and (4)] Application for Re-registration of an expired: 4-year Notch Lifetime Notch Under The Animal Identification Act DAY MTH YR NOTE: Please make cheque or money order payable to the Minister of Finance. Livestock & Veterinary Operations Branch Telephone Notch to be registered to: Individual(s) Corporation 11 Jun 99 SR 42/1999 s12. BRAND 16 A-20.1 REG 1 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2011