BILL 68




Livestock Operations Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Chapter Outline

Definitions 1

analyst -- analyste

confined livestock area -- aire fermée pour le bétail

inspector -- inspecteur

livestock -- bétail

livestock facility -- installations pour le bétail

livestock operation -- élevage de bétail

livestock site -- emplacement pour le bétail

manure -- fumier

Minister -- Ministre

parcel -- parcelle

Registrar -- registraire

waste water -- eau usée

Application of Act and regulations 2

Prohibition against carrying on a livestock operation
without a licence 3

Application for livestock operation licence 4

Issuance of livestock operation licence 5

Application for renewal of livestock operation
licence 6

Renewal of livestock operation licence 7

Application for amendment of livestock operation licence 8

Amendment of livestock operation licence 9

Additional terms and conditions the Registrar
may impose 10

Terms and conditions to which livestock operation
licence is subject 11

Assignment or transfer of livestock operation licence 12


Restrictions on livestock operation licence 13-15

Duration of livestock operation licence 16

Suspension or revocation of livestock operation
licence 17

Appeals 18

Inspection 19

Assistance to inspectors 20

Obstruction of inspectors 21

Evidence 22, 23

Offences and penalties 24-26

Order by court 27

Administration of Act 28

Advisory committees 29

Appointment of Registrar 30

Appointment of inspectors 31

Appointment of analysts 32

Service of documents 33

Immunity 34

Regulations 35

Commencement 36

Definitions

1In this Act

"analyst" means an analyst appointed under section 32;

"confined livestock area" means an outdoor non-grazing area where livestock is confined by fences or other structures or topography, and includes a feedlot and an exercise yard;

"inspector" means an inspector appointed under section 31;

"livestock" means pigs, cattle, poultry and any other animal prescribed by regulation;

"livestock facility" means a building used or intended to be used to confine or house livestock or a confined livestock area, and includes a structure or area used or intended to be used to store manure;

"livestock operation" means the raising, maintenance or use of livestock;

"livestock site" means one or more parcels specified in a livestock operation licence

(a) on which a livestock operation is to be carried on, is carried on or was carried on, and

(b)upon which livestock facilities used in the operation are to be located, are located or were located;

"manure" means faeces and urine from livestock and includes associated bedding and waste water;

"Minister" means the Minister of Agriculture and Rural Development and includes any person designated by the Minister to act on the Minister's behalf;

"parcel" means an area of land that constitutes a unit for the purposes of, and is identified by one and only one property identifier number by, the New Brunswick Geographic Information Corporation;

"Registrar" means the person appointed as Registrar under section 30;

"waste water" means water that runs off from a confined livestock area or from manure storage areas and water used for washing livestock facilities and equipment located in such facilities.

Application of Act and regulations

2This Act and the regulations under this Act, or a provision of this Act or the regulations, do not apply to

(a)a person or class of persons,

(b)a livestock site or class of livestock sites,

(c)a livestock operation or class of livestock operations, or

(d)livestock or a class of livestock,

exempted by the regulations from the application of this Act or the regulations under this Act, or a provision of this Act or the regulations.

Prohibition against carrying on livestock operation without a licence

3A person shall not carry on a livestock operation unless the person holds a livestock operation licence.

Application for livestock operation licence

4(1)A person who wishes to obtain a livestock operation licence may apply to the Registrar on a form provided by the Registrar.

4(2)A person who is applying for a livestock operation licence shall provide to the Registrar the information required by or in accordance with the regulations.

4(3)A person who is applying for a livestock operation licence shall comply with the terms and conditions established by or in accordance with the regulations.

4(4)The Registrar may, in his or her discretion and having regard to the nature of the activities of the applicant, the livestock, the livestock facilities, the livestock sites and the land available for the application of manure from the livestock, determine whether the activities undertaken or proposed to be undertaken by an applicant in respect of the raising, maintaining or using of livestock constitutes one or more than one livestock operation.

Issuance of livestock operation licence

5(1)The Registrar, on being satisfied that the applicant has fulfilled all of the requirements of this Act and the regulations in relation to an application for a livestock operation licence, may issue to the applicant a livestock operation licence.

5(2)The Registrar may, in accordance with the regulations, refuse to issue a livestock operation licence.

Application for renewal of livestock operation licence

6(1)A licensee may apply to the Registrar for a renewal of the licensee's livestock operation licence.

6(2)A licensee who is applying for a renewal of the licensee's livestock operation licence shall provide to the Registrar the information required by or in accordance with the regulations.

6(3)A licensee who is applying for a renewal of the licensee's livestock operation licence shall comply with the terms and conditions established by or in accordance with the regulations.

Renewal of livestock operation licence

7(1)The Registrar, on being satisfied that the licensee has fulfilled all of the requirements of this Act and the regulations in relation to an application for a renewal of the licensee's livestock operation licence, may renew the licence.

7(2)The Registrar may, in accordance with the regulations, refuse to renew a livestock operation licence.

Application for amendment of livestock operation licence

8(1)A licensee may apply to the Registrar to have the licensee's livestock operation licence amended.

8(2)A licensee who is applying to have the licensee's livestock operation licence amended shall provide to the Registrar the information required by or in accordance with the regulations.

8(3)A licensee who is applying to have the licensee's livestock operation licence amended shall comply with the terms and conditions established by or in accordance with the regulations.

Amendment of livestock operation licence

9(1)The Registrar, on being satisfied that the licensee has fulfilled all of the requirements of this Act and the regulations in relation to an application to have a livestock operation licence amended, may amend the licence.

9(2)The Registrar may, in accordance with the regulations, refuse to amend a livestock operation licence.

Additional terms and conditions the Registrar may impose

10(1)Upon issuing, renewing or amending a livestock operation licence, the Registrar may, in addition to any terms and conditions set out in the regulations, make the licence subject to terms and conditions in relation to

(a)a site development plan for livestock facilities and adherence to the plan,

(b)the separation distances of livestock facilities from each other, whether on the same or different parcels,

(c)the separation distances of livestock facilities from neighbouring dwellings and neighbouring parcels,

(d)the facilities used or to be used in the livestock operation,

(e)minimum set-backs of livestock facilities from the boundary lines of a parcel and from watercourses, wetlands, water sources or other areas that, in the opinion of the Registrar, are environmentally sensitive areas,

(f)measures to be taken to minimize the risk of environmental degradation,

(g)measures to be taken to minimize the risk of disease spreading to other livestock operations,

(h)the method of collection, transfer, treatment, transportation, containment and storage of manure and waste water,

(i)the land application of manure,

(j)adherence to a manure nutrient management plan approved by the Registrar, and

(k)records to be kept by the licensee and provided to the Registrar.

10(2)The Registrar may, under subsection (1), make different livestock operation licences subject to different terms and conditions that

(a)reflect the particular characteristics of the livestock, the livestock facilities and those parcels specified under subsection 13(4) in the licence, and

(b)take into account neighbouring dwellings and the land uses of neighbouring parcels.

Terms and conditions to which livestock operation licence is subject

11A livestock operation licence is subject to the terms and conditions prescribed by the regulations, whether such regulations are prescribed before or after the issuance, renewal or amendment of the licence, and to the terms and conditions specified by the Registrar under section 10.

Assignment or transfer of livestock operation licence

12A livestock operation licence may be assigned or transferred with the prior written consent of the Registrar.

Restrictions on livestock operation licence

13(1)The Registrar shall not issue, renew or amend a livestock operation licence in relation to a livestock site unless the applicant is the owner or lessee of the livestock site and has a right to occupy the livestock site.

13(2)The Registrar shall not issue, renew or amend a livestock operation licence where the livestock site and any other land owned or leased by the applicant or licensee is, in the opinion of the Registrar, not adequate for the satisfactory disposition of the manure generated by the livestock operation.

13(3)Notwithstanding subsection (2), the Registrar may issue, renew or amend a licence if

(a)the applicant or licensee has a signed written agreement with the owner or lessee of a parcel to use that parcel during the term of the licence for the purposes of disposition of the manure generated by the livestock operation, and

(b)in the Registrar's opinion, the parcel is adequate for the satisfactory disposition of the manure.

13(4)The Registrar shall specify in a livestock operation licence

(a)the parcels containing the livestock facilities to be used in the operation and on which the livestock operation is to be carried on under the licence, and

(b)the parcels that are to be used for the purposes of disposition of the manure generated by the operation.

13(5)A licensee shall not carry on a livestock operation on parcels other than on those specified under paragraph (4)(a) in the licensee's livestock operation licence.

13(6)A licensee shall not dispose of manure generated by a livestock operation on parcels other than on those specified under paragraph (4)(b) in the licensee's livestock operation licence.

13(7)Nothing in subsection (5) prevents a person from carrying on another livestock operation

(a)if the person has a licence to do so, or

(b)in respect of which the person has been exempted under the regulations.

13(8)Nothing in subsection (6) prevents a person from disposing of manure generated by a livestock operation referred to in subsection (7).

14(1)The Registrar shall specify in a livestock operation licence the livestock that is to be raised, maintained or used under the licence.

14(2)A licensee shall not raise, maintain or use livestock other than those specified under subsection (1) in the licensee's livestock operation licence.

15(1)The Registrar shall specify in a livestock operation licence the maximum number of livestock that are to be raised, maintained or used under the licence.

15(2)A licensee shall not exceed the maximum number of livestock specified under subsection (1) in the licensee's livestock operation licence.

Duration of livestock operation licence

16(1)A livestock operation licence is valid for five years or for such shorter period as is specified by the Registrar in the licence.

16(2)Notwithstanding subsection (1), the term of a livestock operation licence shall not extend beyond the period of time during which the licensee has a right to occupy the livestock site specified in the licence or, where a licensee has an agreement referred to in paragraph 13(3)(a), beyond the period of time during which the licensee has a right to use the land specified in the agreement.

Suspension or revocation of livestock operation licence

17(1)The Registrar may suspend or revoke a livestock operation licence if the Registrar is satisfied that

(a)the licensee has made a false statement in applying for the licence or for a renewal or amendment of the licence, or in any information, book, record, account or other document furnished by the licensee under this Act or the regulations,

(b)the licensee has violated or failed to comply with a term or condition to which the licence is subject,

(c)the licensee has violated or failed to comply with a provision of this Act or the regulations,

(d)the licensee has not, to the satisfaction of the Registrar, shown due diligence in fulfilling the terms and conditions to which the licence is subject and in complying with the provisions of this Act and the regulations,

(e)the licensee has ceased to have a right to occupy the livestock site specified in the licence,

(f)the boundaries of the livestock site or other parcels specified in the licence have been altered subsequent to the issuance of the licence, or

(g)in the case of the disposition of manure generated by the operation on a parcel owned by another person, the licensee no longer has the right to utilize the land for such purposes.

17(2)The Registrar may suspend or revoke a livestock operation licence on any other grounds prescribed by the regulations.

17(3)The Registrar may revoke a livestock operation licence on surrender of the licence by the licensee.

Appeals

18(1)An applicant for a livestock operation licence or a licensee who is dissatisfied with a decision of the Registrar may appeal the decision to an appeal board in accordance with the regulations.

18(2)A decision of an appeal board under this Act or the regulations is final and conclusive and, except on the grounds of an excess of jurisdiction or denial of natural justice, shall not be questioned or reviewed in any court.

Inspection

19(1)For the purposes of the administration of this Act and the regulations and ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any site, parcel, place or premises, except a private dwelling, that the inspector has reason to believe is being used for or in connection with a livestock operation.

19(2)Before or after attempting to effect entry under this section, an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.

19(3)An inspector may at any time require a licensee to produce for inspection, or for the purpose of obtaining copies or extracts, any records, books, accounts or other documents, other than financial records, books, accounts or documents, relating to a livestock operation or to a livestock site.

19(4)A licensee shall immediately on demand by an inspector produce the records, books, accounts and other documents relating to a livestock operation and to any livestock site or other parcel specified in the licence and required by an inspector under this section.

19(5)An inspector may take samples, conduct tests and take measurements that the inspector considers necessary.

19(6)An inspector may during an inspection under this section seize any book, record, account, document or container that the inspector believes on reasonable grounds may afford evidence of the commission of an offence.

19(7)An inspector may be accompanied by other persons for the purposes mentioned in subsection (1) and such persons may carry out inspections, take samples, conduct tests and make inquiries and do such other things as directed by the inspector.

19(8)An inspector shall, when requested, provide identification on a form provided by the Minister.

Assistance to inspectors

20An owner or person in charge of any site, parcel, place or premises and any employees or agents of the owner or person in charge shall give all reasonable assistance to an inspector to enable the inspector to carry out the inspector's duties under this Act and shall furnish the inspector with such information as the inspector may reasonably require.

Obstruction of inspectors

21No person shall

(a)fail to comply with any reasonable request of an inspector,

(b)knowingly make a false or misleading statement, either orally or in writing, to an inspector,

(c)alter or interfere in any way with anything removed by an inspector, or

(d)obstruct or hinder an inspector in the carrying out of the inspector's duties under this Act.

Evidence

22(1)In a prosecution with respect to an offence under this Act or the regulations, a statement purporting to be signed by the Registrar that a person does not hold a licence under this Act or the regulations or any other document or statement purporting to be signed by the Registrar, or a certified copy of such document or statement, shall be

(a)received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,

(b)in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and

(c)where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.

22(2)A document, statement or copy referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceedings, given to the person against whom it is to be produced reasonable notice of the party's intention, together with a copy of the document, statement or copy.

22(3)Subject to subsection 23(2), a person against whom a document, statement or copy referred to in subsection (1) is produced may, with leave of the court, require the attendance of the Registrar for purposes of cross-examination.

23(1)Subject to this section, a certificate of an analyst stating that the analyst has analyzed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and in the absence of evidence to the contrary is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.

23(2)The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for purposes of cross-examination.

23(3)A certificate shall not be received in evidence under subsection (1) unless the party intending to produce it has given reasonable notice of the intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

Offences and penalties

24(1)A person who violates or fails to comply with any provision of the regulations commits an offence.

24(2)A person who violates or fails to comply with a term or condition of a livestock operation licence commits an offence.

24(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

24(4)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

25Where an offence under this Act continues for more than one day,

(a)the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b)the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

26Proceedings with respect to an offence under this Act or the regulations may be instituted at any time within one year after the time when the subject matter of the proceedings arose.

Order by court

27Where any provision of the Act or the regulations is contravened, notwithstanding any other remedy or penalty imposed, the Minister may apply to a judge of The Court of Queen's Bench of New Brunswick for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity in the order that, in the opinion of the judge, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of The Court of Queen's Bench of New Brunswick.

Administration of Act

28The Minister is responsible for the administration of this Act and the regulations and may designate persons to act on the Minister's behalf.

Advisory committees

29(1)The Minister may establish advisory committees to advise the Minister generally in relation to livestock operations and the licensing of livestock operations.

29(2)The Minister may pay such allowances and expenses as may be authorized by the regulations to persons who serve on advisory committees established under this section.

Appointment of Registrar

30The Minister shall appoint a person employed in the Department of Agriculture and Rural Development as the Registrar for the purposes of this Act and the regulations.

Appointment of inspectors

31The Minister may appoint persons as inspectors for the purposes of this Act and the regulations.

Appointment of analysts

32The Minister may designate persons as analysts for the purposes of this Act and the regulations.

Service of documents

33(1)An order, notice or other document that is to be given to or served upon a person under this Act or the regulations shall be sufficiently given or served

(a)if it is served in the manner in which personal service may be made under the Provincial Offences Procedure Act,

(b)if it is mailed prepaid registered or certified mail to the last known or usual address of that person, or

(c)if it is mailed prepaid registered or certified mail to the last address of that person reported to the Minister under this Act or the regulations.

33(2)Service by prepaid registered or certified mail shall be deemed to have been effected five days after the date of mailing.

Immunity

34(1)No action lies against the Minister, the Registrar, an analyst, an inspector, an appeal board, an advisory committee or member of an advisory committee or appeal board, or any person accompanying an inspector, for any act done in good faith in the execution or intended execution of any duty or power under this Act or for any alleged neglect or default in the execution in good faith of any such duty or power.

34(2)Notwithstanding subsections 4(2) and 4(4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person referred to in subsection (1) to which the Crown would otherwise be subject, and the Crown is liable under the Proceedings Against the Crown Act for any such tort as if subsection (1) had not been enacted.

Regulations

35(1)The Lieutenant-Governor in Council may make regulations

(a)prescribing animals for the purposes of the definition "livestock",

(b)exempting persons, classes of persons, livestock sites, classes of livestock sites, livestock operations, classes of livestock operations, livestock and classes of livestock from the application of this Act and the regulations or from the application of any provision of this Act or the regulations,

(c)classifying livestock operation licences, persons, livestock sites, livestock operations and livestock,

(d)respecting the information that is to be provided to the Registrar by a person who is applying for an livestock operation licence,

(e)respecting the terms and conditions to be complied with by a person who is applying for a livestock operation licence,

(f)respecting the information that is to be provided to the Registrar by a licensee who is applying for a renewal or amendment of the licensee's livestock operation licence,

(g)respecting the terms and conditions to be complied with by a licensee who is applying for a renewal or amendment of the licensee's livestock operation licence,

(h)respecting the grounds on which the Registrar may refuse to issue, renew or amend a livestock operation licence,

(i)prescribing the grounds on which the Registrar may suspend or revoke a livestock operation licence,

(j)respecting the terms and conditions to which a livestock operation licence is subject,

(k)respecting the preparation of, modification of and adherence to site development plans in relation to livestock operations,

(l)respecting the preparation of, modification of and adherence to manure nutrient management plans and the land application of manure,

(m)respecting the display of a livestock operation licence,

(n)respecting the books, records, accounts and other documents to be prepared and maintained by a licensee and respecting the information, books, records, accounts and other documents to be provided to the Registrar by a licensee,

(o)respecting appeals from the decisions of the Registrar, including, without limiting the generality of the foregoing, the establishment of one or more appeal boards, the grounds for appeal, the fees in respect of an appeal, the procedures on appeal, the effect of a decision of the Registrar pending the outcome of an appeal and the powers and authority of an appeal board in relation to an appeal,

(p)respecting allowances and expenses payable to persons who serve on advisory committees or appeal boards,

(q)respecting the registration of persons or livestock operations that are exempted from the application of this Act or any provision of this Act or the regulations or any provision of the regulations and respecting applications for exemption,

(r)defining any word or expression used in this Act but not defined in this Act,

(s)respecting forms for use under this Act and the regulations.

35(2)Regulations under this Act may contain different provisions for different classes of livestock operation licences and for different persons, classes of persons, livestock sites, classes of livestock sites, livestock operations, classes of livestock operations and livestock or classes of livestock.

35(3)Regulations exempting persons, classes of persons, livestock sites, classes of livestock sites, livestock operations, classes of livestock operations, livestock or classes of livestock from the application of this Act and the regulations or from the application of any provision of this Act or the regulations

(a)may be limited to their duration,

(b)may provide that this Act and the regulations or that a provision of this Act or the regulations will apply, notwithstanding a previous exemption, at some future time fixed in the regulations, and

(c)may include terms and conditions to which any exemption is subject.

Commencement

36This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

SCHEDULE A


Last Modified: 04:32pm , February 17, 1998