Stray Livestock Act (R.S.P.E.I. 1988, c. S-8.1)

PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 30, 2012. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the Queen’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts. If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4291 Email: legislation@gov.pe.ca http://www.gov.pe.ca/law/index.php3 http://www.gov.pe.ca/photos/original/leg table acts.pdf CHAPTER S-8.1 STRAY LIVESTOCK ACT 1. In this Act, (a) “at large” means , in respect of livestock, livestock that is (i) not under the direct or continuous control of a person, (ii) not securely confined within a structure or a vehicle, (iii) not on the enclosed land of the owner, or (iv) not on enclosed land with the permission of the landowner; (a.1) “compliance officer” means a person appointed as a compliance officer under subsection 5(1.1); (b) “drover” means a person appointed as a drover under subsection 5(1); (c) “enclosed land” means land that is surrounded by a barrier that is sufficient to exclude or contain livestock; (d) “livestock” means (i) cattle, horses, sheep, swine, goats, or (ii) animals of a class or type designated in the regulations as livestock; (d.1) “livestock farm” means land on which livestock is kept; (e) “Minister” means the Minister of Agriculture and Forestry; (f) “owner” means a person who owns or has care or control of livestock. 2004,c.18,s.1; 2009,c.73,s.2; 2009,c.19,s.1; 2012,c.17,s.2. 2. (1) The Minister is responsible for the administration and enforcement of this Act. (2) The Minister may delegate to employees of the Department any of the powers, responsibilities and functions of the Minister as the Minister considers advisable. 2004,c.18,s.2. 3. The purpose of this Act is to require an owner to take responsibility for stray livestock and to set out procedures to capture livestock at large. 2004,c.18,s.3. 4. (1) No owner shall permit his or her livestock to be at large. (2) Where livestock is found at large, the owner of the livestock is deemed, in the absence of evidence to the contrary, to have permitted the livestock to be at large. Definitions at large compliance officer drover enclosed land livestock livestock farm Minister owner Administration Delegation Purpose Prohibition Deeming provision 2 Cap. S-8.1 Stray Livestock Act (3) Repealed by 2009,c.19,s.2. (4) The cost of all labour and materials involved in building or maintaining a fence shall be borne by the owner of the livestock farm, and where the fence separates two livestock farms, the cost of the labour and materials shall be borne equally by the owners. 2004,c.18,s.4; 2009,c.19,s.2. 5. (1) The Minister may appoint drovers to capture and impound, in accordance with this Act and the regulations, livestock at large. (1.1) The Minister may appoint compliance officers to assist the Minister in the administration and enforcement of this Act and the regulations. (2) A peace officer who believes that livestock is at large in the province may capture the livestock or request a drover to capture and impound the livestock, if (a) the owner is not known or cannot be found promptly; (b) the owner is known but the owner does not promptly take control of the livestock; or (c) the owner is known and the owner has permitted the livestock to be at large on three or more occasions within a 30-day period. (3) A drover shall impound livestock captured by a peace officer at the request of the peace officer. (4) A peace officer or a drover may enter property without a warrant to capture livestock at large. (5) Where livestock has been captured and impounded under this section, written notice shall be served on the owner of the livestock, if known, by (a) the peace officer who requested the drover to impound the livestock under subsection (3); or (b) a compliance officer. (6) No person shall obstruct a peace officer, a compliance officer or a drover carrying out his or her duties under this Act. (7) The Trespass to Property Act R.S.P.E.I. 1988, Cap. T-6 does not apply to a peace officer, a compliance officer or a drover in the performance of his or her duties under this Act. 2004,c.18,s.5; 2009,c.19,s.3. 6. (1) An owner is entitled to recover his or her livestock from a drover if its owner pays to the drover the costs and expenses that the drover Fencing, cost of materials Fencing, cost Minister appoints drovers Minister appoints compliance officers Livestock at large Impoundment Entry of property without warrant Notice to owner Obstruction prohibited Trespass to Property Act does not apply Owner may recover livestock Stray Livestock Act Cap. S-8.1 3 incurred to capture, impound and keep the livestock and that are allowed to be recovered under the regulations. (2) Livestock impounded under section 5 that is not recovered by the owner pursuant to the regulations within 10 days of impoundment shall be forfeited and may be sold as set out in the regulations. 2004,c.18,s.6. 7. (1) A person who contravenes a provision of this Act or the regulations is guilty of an offence and on summary conviction is liable to a fine of not less than $100 and not more than $500. (2) A contravention of this Act or the regulations that is of a continuing nature constitutes a separate offence in respect of each day or part of a day that it continues. 2004,c.18,s.7. 8. (1) No action or other proceeding for damages lies or shall be instituted against the Minister, a peace officer, a compliance officer or a drover or any other person involved in the administration of this Act or the regulations for anything done or omitted to be done in good faith pursuant to or in the exercise or intended exercise of any power or function under this Act or the regulations. (2) No action or other proceeding for damages lies or shall be instituted against any person who, in good faith, assists a peace officer or a drover in capturing livestock under this Act or the regulations. 2004,c.18,s.8; 2009,c.19,s.4. 9. The Lieutenant Governor in Council may make regulations (a) designating a class or type of animals as livestock; (b) respecting the powers and duties of an officer; (b.1) respecting the powers and duties of a compliance officer; (c) respecting the powers and duties of a drover; (d) respecting the forfeiture of impounded livestock; (e) respecting the costs and expenses that may be recovered in respect of the capture and impoundment of livestock; (e.1) respecting the cost of building and maintaining a fence; and (f) respecting any other matters that the Lieutenant Governor in Council considers necessary and advisable to carry out the purposes and provisions of this Act. 2004,c.18,s.9; 2009,c.19,s.5. 10. The Fences and Detention of Stray Livestock Act R.S.P.E.I. 1988, Cap. F-7 is repealed. 2004,c.18,s.10. Livestock forfeited Offence Continuing offence Limitation of liability Idem Regulations Repeal