Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, c. L.24, Livestock

Livestock, Poultry and Honey Bee Protection Act

R.S.O. 1990, CHAPTER L.24

Historical version for the period January 1, 2003 to June 21, 2006.

Amended by: 1994, c. 27, ss. 28, 60; 1997, c. 41, s. 121; 1999, c. 12, Sched. A, s. 17; 2002, c. 17, Sched. F, Table.

CONTENTS

1.

Definitions

1.1

Director

PART I
PROTECTION OF LIVESTOCK AND POULTRY

2.

When dogs may be killed

3.

Liability of municipality

4.

Appointment of valuers

5.

Right of recovery from owner of dog

6.

Inquiry to ascertain owner of dog

7.

Apportionment of damage

8.

Duty to destroy dog

9.

Liability of owner in unorganized territory

10.

Reports to be submitted to director

12.

Payment of grants to municipality

13.

Referral of application to Tribunal

14.

Times and procedures, directory

15.

Offence

16.

Regulations

PART II
DAMAGE TO HONEY BEE COLONIES BY BEARS

17.

Payment of compensation

PART III
LIMITATION ON AMOUNT OF COMPENSATION

18.

Amount of payment limited

19.

Reduction in market value by reason of insurance

Definitions

1. In this Act,

“fur-bearing animal” means an animal designated by name as a fur-bearing animal in the Fur Farms Act or declared to be a fur-bearing animal in the regulations made thereunder; (“animal à fourrure”)

“injured” in respect of livestock or poultry means injured by wounding, worrying or pursuing, and “injury” has a corresponding meaning; (“blessé”, “blessures”)

“livestock” means cattle, fur-bearing animals, goats, horses, rabbits, sheep or swine; (“bétail”)

“poultry” includes game birds where game birds are kept pursuant to a licence under the Fish and Wildlife Conservation Act, 1997; (“volaille”)

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act; (“Tribunal”)

“wolf” means any of the species Canis lupus L. or Canis latrans Say or any cross breed of either. (“loup”) R.S.O. 1990, c. L.24, s. 1; 1994, c. 27, s. 28 (1-3); 1997, c. 41, s. 121; 1999, c. 12, Sched. A, s. 17.

Director

1.1 The Minister may appoint a director who shall be responsible to him or her for the administration and enforcement of this Act. 1994, c. 27, s. 28 (4).

PART I
PROTECTION OF LIVESTOCK AND POULTRY

When dogs may be killed

2. Any person may kill a dog,

(a) that is found killing or injuring livestock or poultry;

(b) Repealed: 2002, c. 17, Sched. F, Table.

(c) that is found straying at any time, and not under proper control, upon premises where livestock or poultry are habitually kept. R.S.O. 1990, c. L.24, s. 2; 2002, c. 17, Sched. F, Table.

Liability of municipality

3. (1) Where a dog or a wolf kills or injures livestock or poultry and, in the case of killing or injuring by a dog, whether the owner of the dog is known or not, the local municipality in which the killing or injuring occurred is liable to the owner of the livestock or poultry for the amount of damage determined under section 4, and shall pay over such amount to the owner within thirty days after the amount has been so determined. R.S.O. 1990, c. L.24, s. 3 (1).

Where subs. (1) does not apply

(2) Subsection (1) does not apply,

(a) to livestock or poultry killed or injured while running at large upon a highway or unenclosed land; or

(b) in the case of poultry, where the weight of the poultry killed or injured is less than twenty-five kilograms. R.S.O. 1990, c. L.24, s. 3 (2).

By-law for damage by wild animals

(3) The council of a local municipality may pass a by-law providing that where livestock or poultry are killed or injured by wild animals, other than wolves, in the municipality, subsection (1) applies in the same manner as where livestock or poultry are killed or injured by a dog or wolf, but the council in the by-law may fix the maximum amount payable for any head of livestock so killed or injured in any year and may fix the proportion of the damages ascertained under section 4 that is payable. R.S.O. 1990, c. L.24, s. 3 (3).

Appointment of valuers

4. (1) The council of every local municipality shall appoint one or more persons as valuers of livestock and poultry for the purposes of this Act. R.S.O. 1990, c. L.24, s. 4 (1).

Investigation and report by valuer

(2) Where the owner of livestock or poultry discovers that any of the owner’s livestock or poultry has been killed or injured and to the best of the owner’s knowledge and belief such killing or injuring was done by a wolf or by a dog other than the owner’s dog or habitually kept upon the owner’s premises, the owner shall immediately notify a valuer for the local municipality in which the livestock or poultry were killed or injured or the clerk of such municipality who shall forthwith notify a valuer, and such valuer shall immediately make full investigation and shall make a report in writing within ten days thereafter to the clerk of the municipality giving in detail the extent and amount of the damage and his or her award therefor, and shall at the same time forward a copy of such report to the owner of the livestock or poultry. R.S.O. 1990, c. L.24, s. 4 (2).

Affidavit of owner

(3) An owner of livestock or poultry who notifies a valuer or a clerk of a municipality under subsection (2) shall, within ten days, file with the clerk an affidavit that to the best of the owner’s knowledge and belief the livestock or poultry were killed or injured by a wolf or by a dog other than a dog owned by the owner or habitually kept upon the owner’s premises. R.S.O. 1990, c. L.24, s. 4 (3).

Denial of liability

(4) Where the valuer finds evidence that to the best of his or her knowledge and belief shows,

(a) that any of the livestock or poultry was not killed or injured by a dog or a wolf;

(b) that the killing or injuring was caused by a dog owned by or habitually kept on the premises of the owner of the livestock or poultry; or

(c) that the owner had not taken reasonable care to prevent the killing or injuring of the livestock or poultry by dogs or wolves,

the valuer shall include in his or her report to the clerk of the local municipality and to the owner of the livestock or poultry a statement of his or her belief and shall make forthwith a further report to the clerk of the municipality giving particulars of the evidence found, and the council of the municipality may thereupon deny liability in whole or in part by written notice given by the clerk of the municipality to the owner of the livestock or poultry within thirty days after the filing of the affidavit with the clerk. R.S.O. 1990, c. L.24, s. 4 (4).

Report of valuer

(5) The valuer shall include in the report a finding as to whether the livestock or poultry were killed or injured by dogs or by wolves. R.S.O. 1990, c. L.24, s. 4 (5).

Damages limited

(6) The amount of damage for which the local municipality is liable shall not include damage incurred under the circumstances set out in clause (4)(a), (b) or (c) and for which the municipality has denied liability in accordance with subsection (4). R.S.O. 1990, c. L.24, s. 4 (6).

Where carcass not to be destroyed

(7) The owner of livestock or poultry shall not destroy or permit to be destroyed the carcass of any livestock or poultry reported killed under subsection (2) until the carcass has been seen by the valuer. R.S.O. 1990, c. L.24, s. 4 (7).

Appeal to director

(8) Where the owner of livestock or poultry or the council is dissatisfied with the report of the valuer made under subsection (2), the owner or the council may appeal to the director who shall name a valuer, and the valuer so named shall make a further investigation and report. R.S.O. 1990, c. L.24, s. 4 (8); 1994, c. 27, s. 28 (5).

Time for appeal; deposit

(9) Such appeal shall be made within thirty days after the making of the report to the clerk of the local municipality by its valuer, and $25 shall be deposited with the director at the time of making the appeal to be forfeited to the Crown if the report of the valuer for the local municipality is sustained on an appeal under this section. R.S.O. 1990, c. L.24, s. 4 (9); 1994, c. 27, s. 28 (5).

Where no municipal valuer, etc.

(10) Where there is no valuer of the local municipality or the clerk or the valuer does not discharge the duties imposed on him or her by this Act, the director, on the application of the owner of any livestock or poultry killed or injured by a wolf or by a dog other than a dog owned by the owner or habitually kept upon the owner’s premises, shall name a valuer, and the valuer so named shall make an investigation and report, and the municipality shall pay to the director the cost of such investigation and report as fixed by him or her. R.S.O. 1990, c. L.24, s. 4 (10); 1994, c. 27, s. 28 (5).

Report of valuer appointed by director

(11) A copy of the report of a valuer named by the director under subsection (8) or (10) shall be forwarded by the director as soon as practicable to the clerk of the local municipality and to the owner of the livestock or poultry. R.S.O. 1990, c. L.24, s. 4 (11); 1994, c. 27, s. 28 (5).

Idem

(12) A valuer named by the director under subsection (8) or (10) shall, where applicable, include in his or her report a statement of his or her belief that the amount of damage to livestock or poultry includes damage incurred under the circumstances set out in clause (4)(a), (b) or (c), and the council of the municipality may thereupon deny liability in whole or in part by written notice given by the clerk of the municipality to the owner of the livestock or poultry within thirty days after receipt of the report of the valuer. R.S.O. 1990, c. L.24, s. 4 (12); 1994, c. 27, s. 28 (5).

Appeal from report of valuer

(13) Where the owner of livestock or poultry or the council is dissatisfied with the report of the valuer made under subsection (8) or (10), the owner or the council may, within thirty days after receipt of the report, appeal to a judge of the Ontario Court (General Division), and the judge may determine the liability of the municipality and, subject to subsection (14), the amount payable to the owner. R.S.O. 1990, c. L.24, s. 4 (13).

Amount of liability limited

(14) No municipality shall be liable to an owner for an amount in respect of livestock or poultry in excess of the maximum amount prescribed therefor in the regulations made under this Act. R.S.O. 1990, c. L.24, s. 4 (14).

Right of recovery from owner of dog

5. A local municipality having paid to the owner of livestock or poultry the amount of the damage ascertained under section 4 is entitled to recover the amount so paid from the owner of the dog that did the damage in any court of competent jurisdiction without proving that it was vicious or accustomed to worry livestock or poultry. R.S.O. 1990, c. L.24, s. 5.

Inquiry to ascertain owner of dog

6. (1) The council of a municipality may conduct an inquiry in order to ascertain the owner of a dog that has killed or injured livestock or poultry within the municipality. R.S.O. 1990, c. L.24, s. 6 (1).

Powers on inquiry

(2) The council of a municipality for the purposes of an inquiry under subsection (1) has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act. R.S.O. 1990, c. L.24, s. 6 (2).

Apportionment of damage

7. Where it appears that the damage was caused by more dogs than one, the council may apportion the damage in such manner as is considered just having regard to the strength, ferocity and character of such dogs. R.S.O. 1990, c. L.24, s. 7.

Duty to destroy dog

8. (1) The owner of a dog who has knowledge that the dog has killed or injured livestock or poultry shall destroy the dog or cause the dog to be destroyed within forty-eight hours after acquiring such knowledge. R.S.O. 1990, c. L.24, s. 8 (1).

Failure to destroy dog

(2) An owner of a dog who refuses or neglects to destroy it when required so to do by subsection (1) may be summoned before a provincial judge who may order the dog to be destroyed, and for the purpose of carrying out the order a constable may enter upon the premises of the owner and destroy the dog, and the provincial judge may, in addition to any other penalty provided by this Act, direct the owner of the dog to pay the cost of the proceedings and of the destruction of the dog. R.S.O. 1990, c. L.24, s. 8 (2).

Liability of owner in unorganized territory

9. (1) Where in territory without municipal organization livestock or poultry are killed or injured by a dog, the owner of the dog is liable to the owner of the livestock or poultry for the amount of the damage, and it is not necessary in an action to recover the amount of such damage to prove that the dog was vicious or accustomed to worry livestock or poultry. R.S.O. 1990, c. L.24, s. 9 (1).

Valuers in unorganized territory

(2) For the purposes of this section, every agricultural representative and every assistant agricultural representative is by virtue of office a valuer in territory without municipal organization. R.S.O. 1990, c. L.24, s. 9 (2).

Designation by agricultural representative

(3) Every agricultural representative to whom subsection (2) applies shall designate a person or persons who may carry out the duties of the agricultural representative or assistant agricultural representative, as the case may be, as a valuer in all cases where the agricultural representative or assistant agricultural representative is absent or otherwise unable to carry out his or her duties as a valuer under this section. R.S.O. 1990, c. L.24, s. 9 (3).

Payment of compensation

(4) Where, in territory without municipal organization, livestock or poultry are killed or injured by a wolf, the director may pay compensation to the owner of the livestock or poultry for the amount of the damage determined in accordance with this section. R.S.O. 1990, c. L.24, s. 9 (4); 1994, c. 27, s. 28 (5).

Investigation and report by valuer

(5) Where, in territory without municipal organization, the owner of livestock or poultry discovers that any of the owner’s livestock or poultry has been killed or injured and to the best of the owner’s knowledge and belief such killing or injuring was done by a wolf, the owner shall immediately notify a valuer, and such valuer shall immediately make full investigation and shall make a report in writing within ten days thereafter to the director giving in detail the extent and amount of the damage and his or her award therefor, and the valuer shall at the same time forward a copy of such report to the owner of the livestock or poultry. R.S.O. 1990, c. L.24, s. 9 (5); 1994, c. 27, s. 28 (5).

Affidavit of owner

(6) Where an owner of livestock or poultry notifies a valuer under subsection (5), such owner shall, within ten days, file with the director an affidavit that to the best of the owner’s knowledge and belief the livestock or poultry were killed or injured by a wolf. R.S.O. 1990, c. L.24, s. 9 (6); 1994, c. 27, s. 28 (5).

Denial of liability

(7) Where the valuer finds evidence that to the best of his or her knowledge and belief shows,

(a) that any of the livestock or poultry was not killed or injured by a wolf; or

(b) that the owner had not taken reasonable care to prevent the killing or injuring of his livestock or poultry by wolves,

the valuer shall include in the report to the director and to the owner of the livestock or poultry a statement of his or her belief and shall make forthwith a further report to the director giving particulars of the evidence found, and the director may thereupon deny liability in whole or in part by written notice given by the director to the owner of the livestock or poultry within thirty days after the filing of the owner’s affidavit with the director. R.S.O. 1990, c. L.24, s. 9 (7); 1994, c. 27, s. 28 (5).

Report

(8) The valuer shall include in his or her report a finding as to whether the livestock or poultry were killed or injured by wolves. R.S.O. 1990, c. L.24, s. 9 (8).

Damages limited

(9) The amount of damage incurred by an owner shall not include damage incurred under the circumstances set out in clause (7)(a) or (b) and for which the director has denied liability in accordance with subsection (7). R.S.O. 1990, c. L.24, s. 9 (9); 1994, c. 27, s. 28 (5).

Where carcass not to be destroyed

(10) No owner of livestock or poultry shall destroy or permit to be destroyed the carcass of any livestock or poultry reported killed under subsection (5) until the carcass has been seen by the valuer. R.S.O. 1990, c. L.24, s. 9 (10).

Appeal to director

(11) Where the owner of livestock or poultry is dissatisfied with the report of the valuer made under subsection (5), the owner may appeal to the director who shall name a valuer, and the valuer so named shall make a further investigation and report. R.S.O. 1990, c. L.24, s. 9 (11); 1994, c. 27, s. 28 (5).

Time for appeal; deposit

(12) Such appeal shall be made within thirty days after the making of the report to the director by the valuer under subsection (5), and $25 shall be deposited with the director at the time of making the appeal to be forfeited to the Crown if the report of the valuer is sustained on an appeal under this section. R.S.O. 1990, c. L.24, s. 9 (12); 1994, c. 27, s. 28 (5).

Report of valuer appointed by director

(13) A copy of the report of a valuer named by the director under subsection (11) shall be forwarded by the director as soon as practicable to the owner of the livestock or poultry. R.S.O. 1990, c. L.24, s. 9 (13); 1994, c. 27, s. 28 (5).

Idem

(14) A valuer named by the director under subsection (11) shall, where applicable, include in the report a statement of his or her belief that the amount of damage to livestock or poultry includes damage incurred under the circumstances set out in clause (7) (a) or (b), and the director may thereupon deny liability in whole or in part by written notice given to the owner of the livestock or poultry within thirty days after receipt of the report of the valuer. R.S.O. 1990, c. L.24, s. 9 (14); 1994, c. 27, s. 28 (5).

Appeal from report of valuer

(15) Where the owner of livestock or poultry is dissatisfied with the report of the valuer made under subsection (11), the owner may, within thirty days after receipt of the report, appeal to a judge of the Ontario Court (General Division) and the judge may determine liability and, subject to subsection (16), the amount payable to the owner. R.S.O. 1990, c. L.24, s. 9 (15).

Amount of compensation

(16) No compensation shall be paid to an owner in excess of the maximum amount prescribed for livestock or poultry in the regulations made for the purposes of subsection 4 (14). R.S.O. 1990, c. L.24, s. 9 (16).

Reports to be submitted to director

10. Every municipality that has paid any damage ascertained under section 4 respecting damage by wolves to an owner shall submit reports thereon to the director at such times and in such form and manner as is prescribed in the regulations made under this Act and such reports shall include a report on the number of claims paid, the amount of each such claim and the findings of the valuer as to whether the livestock or poultry were killed or injured by dogs or by wolves. R.S.O. 1990, c. L.24, s. 10; 1994, c. 27, s. 28 (5).

11. Repealed: 1994, c. 27, s. 28 (6).

Payment of grants to municipality

12. Upon application therefor by a municipality in the manner prescribed in the regulations made under this Act, the director may authorize the payment of grants so as to reimburse the municipality for any damage ascertained under section 4 and paid by the municipality to an owner where the damage was caused by wolves, and, subject to section 13, no hearing is required in considering whether or not a grant shall be paid. R.S.O. 1990, c. L.24, s. 12; 1994, c. 27, s. 28 (7).

Referral of application to Tribunal

13. (1) Where the director has reason to believe that any damage paid by a municipality for which application has been made for a grant under section 12 may not have been caused by wolves, the director shall refer the application to the Tribunal by notice in writing delivered to the municipality and filed with the Tribunal. R.S.O. 1990, c. L.24, s. 13 (1); 1994, c. 27, s. 28 (8).

Tribunal may determine whether damage caused by wolves

(2) Where an application has been referred to the Tribunal under subsection (1), the Tribunal shall, after a hearing, determine whether or not the whole or any part of the damage referred to in the application was caused by wolves and the decision of the Tribunal shall, as to whether or not any such damage was caused by wolves, be binding on the director. R.S.O. 1990, c. L.24, s. 13 (2); 1994, c. 27, s. 28 (8).

Parties to proceedings before the Tribunal

(3) The director, the municipality and such other persons as the Tribunal may specify, are parties to the proceedings before the Tribunal under this Act. R.S.O. 1990, c. L.24, s. 13 (3); 1994, c. 27, s. 28 (8).

Members making decision not to have taken part in investigation, etc.

(4) Members of the Tribunal assigned to render a decision after a hearing shall not have taken part prior to the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or party’s representative except upon notice to and opportunity for all parties to participate, but such members may seek legal advice from an adviser independent from the parties and in such case the nature of the advice should be made known to the parties in order that they may make submissions as to the law. R.S.O. 1990, c. L.24, s. 13 (4); 1994, c. 27, s. 28 (8).

Findings of fact

(5) The findings of fact of the Tribunal pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. L.24, s. 13 (5); 1994, c. 27, s. 28 (8).

Only members at hearing to participate in decision

(6) No member of the Tribunal shall participate in a decision of the Tribunal pursuant to a hearing unless the member was present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, no decision of the Tribunal shall be given unless all members so present participate in the decision. R.S.O. 1990, c. L.24, s. 13 (6); 1994, c. 27, s. 28 (8).

Procedure

(7) The Statutory Powers Procedure Act applies with respect to a hearing by the Tribunal under this section. R.S.O. 1990, c. L.24, s. 13 (7); 1994, c. 27, ss. 28 (8), 60.

Times and procedures, directory

14. The times and procedures set out in this Part shall be regarded as directory, and a proceeding that is in substantial conformity with this Part is not open to objection on the ground that it is not in strict compliance therewith. R.S.O. 1990, c. L.24, s. 14.

Offence

15. Every person who contravenes this Part is guilty of an offence and on conviction is liable to a fine of not more than $50. R.S.O. 1990, c. L.24, s. 15.

Regulations

16. The Lieutenant Governor in Council may make regulations,

(a) prescribing the form and manner in which reports required under section 10 shall be made and the times at which such reports shall be submitted;

(b) prescribing the manner in which an application shall be made under section 12;

(c) prescribing forms and providing for their use;

(d) prescribing maximum amounts for,

(i) livestock and poultry or any species or class thereof for the purposes of subsection 4(14), and

(ii) honey bees and hive equipment for the purposes of subsection 17 (3). R.S.O. 1990, c. L.24, s. 16.

PART II
DAMAGE TO HONEY BEE COLONIES BY BEARS

Payment of compensation

17. (1) Where a colony of honey bees is damaged or destroyed by a bear, the director, on the application of the owner of the colony, may pay compensation to the owner in such amount as he or she considers reasonable. R.S.O. 1990, c. L.24, s. 17 (1); 1994, c. 27, s. 28 (9).

Investigation and report by valuer

(2) For the purpose of determining the amount of compensation that may be paid under subsection (1), the director may appoint a valuer to make an investigation and the valuer so appointed shall make an investigation and shall make a report in writing within ten days thereafter to the director together with recommendations respecting compensation. R.S.O. 1990, c. L.24, s. 17 (2); 1994, c. 27, s. 28 (9).

Amount of payment limited

(3) No payment in respect of a colony of honey bees shall exceed the maximum amount prescribed for honey bees and hive equipment in the regulations made under this Act. R.S.O. 1990, c. L.24, s. 17 (3).

PART III
LIMITATION ON AMOUNT OF COMPENSATION

Amount of payment limited

18. Subject to subsection 4 (14), subsection 17 (3) and section 19, where compensation is payable under this Act, the amount payable shall not exceed the market value of the livestock, poultry, honey bees or hive equipment at the time of the death, injury or damage in respect of which payment is made. R.S.O. 1990, c. L.24, s. 18.

Reduction in market value by reason of insurance

19. Where an owner receives an amount under a contract of insurance by reason of the death of or injury to livestock or poultry or damage to or the destruction of honey bees or hive equipment for which compensation is payable under this Act, for the purpose of calculating the amount of compensation, the market value of the livestock, poultry, honey bees or hive equipment shall be deemed to be reduced by that amount. R.S.O. 1990, c. L.24, s. 19.