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Fences and Detention of Stray Livestock Act (amended) and Fences and Impounding of Animals Act (repealed)

BILL NO. 33

(as introduced)

3rd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016



Government Bill



Fences and Detention of Stray Livestock Act (amended)
and
Fences and Impounding of Animals Act (repealed)



The Honourable Keith Colwell
Minister of Agriculture



First Reading: October 19, 2016

(Explanatory Notes)

Second Reading: October 20, 2016

Third Reading: November 4, 2016 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the definitions of "Minister" and "municipality" in the Fences and Detention of Stray Livestock Act.

Clause 2 removes the restriction of the application of the Act to designated municipalities.

Clause 3 clarifies the composition of fences arbitration committees.

Clause 4 requires orders directing the sale or disposition of livestock to be written and provides that livestock are sold or disposed of free of encumbrances.

Clause 5 repeals provisions that allow the Governor in Council to designate municipalities for the purposes of the Act and govern the interaction of the Fences and Detention of Stray Livestock Act with the Fences and Impounding of Animals Act.

Clause 6 repeals the Fences and Impounding of Animals Act.

An Act to Amend Chapter 166
of the Revised Statutes of 1989,
the Fences and Detention of Stray Livestock Act,
and Repeal Chapter 167
of the Revised Statutes of 1989,
the Fences and Impounding of Animals Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 166 of the Revised Statutes of 1989, the Fences and Detention of Stray Livestock Act, as amended by Chapter 1 of the Acts of 2002, is further amended by

(a) striking out "and Fisheries" in the second line of clause (ca); and

(b) repealing clause (d) and substituting:

(d) "municipality" means a municipality as defined in the Municipal Government Act;

2 Section 3 of Chapter 166 is repealed.

3 Subsection 4(1) of Chapter 166, as enacted by Chapter 1 of the Acts of 2002, is further amended by striking out "for each" in the third and fourth lines and substituting "from the".

4 (1) Subsection 10(2) of Chapter 166, as amended by Chapter 1 of the Acts of 2002, is further amended by adding "written" immediately after "by" in the second line.

(2) Section 10 of Chapter 166, as amended by Chapter 1 of the Acts of 2002, is further amended by adding immediately after subsection (4) the following subsection:

(4A) Where livestock is sold or otherwise disposed of pursuant to this Act, the person to whom the livestock is sold or disposed of owns the livestock free of any encumbrances.

5 Sections 19 and 20 of Chapter 166 are repealed.

6 Chapter 167 of the Revised Statutes of 1989, the Fences and Impounding of Animals Act, is repealed.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2016 Crown in right of Nova Scotia. Created November 10, 2016. Send comments to legc.office@novascotia.ca.