Policy 16.16 - Forfeiture of Livestock.

Effective Date: 15-Feb-2005
Responsible Branch: Compliance and Enforcement Branch, Forest Practices Branch, Range Program

Resource Management Volume Table of Contents | Amendment Log

Scope

This policy covers the seizure and forfeiture of livestock pursuant to section 50 (1) and 68 of the Forest and Range Practices Act [the Act].

Purpose

To ensure that seizures of livestock:

• Are conducted in a legally defensible and professional manner;
• Are conducted in a provincially consistent manner;
• Are conducted in a manner that can withstand public scrutiny, and
• Consider the public interest.

Definitions

For the purpose of this policy:

"Act" means the Forest and Range Practices Act.

"DDM" means a delegated decision maker pursuant to the Act.

"ERA" means the Enforcement Action, Administrative Review and Appeals system for tracking all suspected cases of non-compliance

"livestock" means animals of the genus bos, horses, mules, asses, sheep, goats and any prescribed animal but does not include wildlife designated under the Wildlife Act, exotic game animals, bison, swine or poultry.

"person" includes a corporation, partnership, party, or individual

"seizing" means the actual taking away of livestock from a person under authority of s. 68 of the Act

"forest official" means the designated forest official exercising their legal authority and discretion to seize livestock under section 68 of the Act.

Background

In order to seize livestock pursuant to the Act, a person must be a designated forest official as defined by the Act.

Policy

It is Ministry of Forests' policy that:

General

Forest officials have the discretion to seize or not to seize livestock, and where seizure has occurred to lift the seizure and release the seized livestock where appropriate.

Subject to the discretion of the DCL and/or the RCL, no forest official will utilize his or her authority to seize without the proper training in and knowledge of sections 50, 51 and 68 of the Act and this Policy.

Where possible, C&E program staff will consult with Range program staff prior to seizing livestock.

Purpose of Seizure

A forest official may only seize where the official has reasonable grounds to believe:

• livestock are ranging or grazing on Crown land without authority, or
• where livestock are grazing contrary to the Act, the Regulations, a Range Use Plan or a Range Stewardship Plan.

Notification

Except in circumstances where any notification may compromise the integrity of an investigation, the seizing forest official will:

• as soon as possible and no longer than 5 working days after the seizure notify in writing the person from whom the goods have been seized.

The notification will:

• describe the circumstances of the seizure;
• provide the reasonable grounds for the seizure;
• describe the quantity and type of the seized livestock;
• describe the basis of the forest official's authority to seize;
• provide an opportunity for the person to provide any documentation and/or rationale to dispute the seizure or assert ownership; and
• describe any further administrative or quasi-criminal processes that may arise from the seizure.

Discretion

Forfeiture is one option to deal with livestock grazing on Crown land without authority. It may not be appropriate to seize livestock in all circumstances.

In deciding whether to seize livestock, a forest official will determine with reasonable certainty :

• that the livestock are on Crown land without authority, or
• that the livestock are on Crown land where their numbers, locations, or timing are not consistent with the authority to be on Crown land, or
• where the livestock are not in accordance with the Act, regulations or Range Use Plan or Range Stewardship Plan.

And that

• attempts to identify and contact the owner of the livestock have been unsuccessful; or
• repeated attempts to have the identified owner remove the livestock have been unsuccessful;

And that

• the continued presence of the livestock is detrimental to the Crown range; or
• the continued presence of the livestock is detrimental to the interests of a legitimate holder of a range tenure or licence agreement, or
• the continued presence of the livestock is detrimental to a Crown resource such as wildlife or other values, or
• the continued presence is detrimental to the Crown's interest.

Pursuant to the authority vested in them under section 68 of the Act, an official may destroy livestock if the safety of a person acting pursuant to section 68 of the Act is threatened by an animal that is being driven, rounded up, seized, tranquillised or held.

Pursuant to the authority vested in them under section 68 of the Act, an official may arrange for the destruction of livestock where:

• the livestock would be seized and it is impracticable to round up the livestock, or
• it may be humane treatment to do so and there is no other practicable option, or
• after an unsuccessful attempt to auction the seized livestock.

Prior to arranging the destruction of any such livestock, and subject to any consultation process having a direct impact on the ability of the official to deal with the livestock in a timely and humane manner, the official will consult with:

• the local Cattleman's Association,
• Compliance and Enforcement Branch,
• Range program staff,
• the Ministry of Agriculture, Food and Fisheries,
• the Society for the Prevention of Cruelty to Animals [SPCA],
• a veterinarian, and
• all other stake holders.

Only a person appropriately qualified to do so will manage the destruction of any livestock.

The purpose of the above consultation is to ensure the other agencies and stake holders are aware of the circumstances and may consider them with respect to the potential application of their own legislation and to ensure due consideration of any interest any party may have with respect to the livestock.

Seizure Process

When seizing any livestock, the forest official shall ensure that (other than where doing so may compromise the integrity of any investigation/s):

• the local detachment of the RCMP with jurisdiction over the Crown range is notified;
• the Ministry of Agriculture, Fisheries and Food office having jurisdiction over the Crown range is notified;
• the nearest SPCA is notified;
• the Ministry of Forests Range officer is informed, where possible, prior to and is kept apprised throughout any seizure process;
• where possible, a veterinarian is in attendance to inspect all seized livestock and to report on their condition at the time of their seizure and to make any recommendations regarding the health and well-being during the period of the seizure;
• the seizure is well documented, including video and or still photography before, during and after the seizure;
• an area has been secured for the safe storage of the livestock; and
• the livestock will be monitored at a level that provides for their general care and well being while they are in the possession of the Ministry of Forests.

The seized livestock will not be stored longer than is reasonably necessary to document evidence, to prepare a briefing note, to investigate ownership, to protect the Crown's interest and or to administer the disposal of the livestock pursuant to the Act.

The process from seizure to disposal will be done in an efficient manner that balances the health and welfare of the livestock, the rights and obligations of the owner, and the costs to the Crown for the storage and maintenance of the livestock. Where the owner of the livestock is known, the forest official will inform that person that the seizure is authorized under section 68 of the Act, and

• where appropriate, indicate where the seized livestock will be stored, and
• will inform them of their right to dispute the seizure, and
• will indicate that formal notification will be provided within 5 working days.

Whenever possible, a seizing official will inform C&E program staff of his or her intent to seize livestock from any forest district other than the forest official's base district. The forest official may request that C&E program staff from the other district conduct the seizure. The seizing forest official is the forest official who makes the decision to seize the livestock.

Lifting of Seizures

The seizing forest official may lift a seizure where the seizing forest official:

• has determined that the livestock seized were not on Crown land; or
• has reasonable grounds to believe that the livestock were on Crown land under an authority; or
• is satisfied that the seizure does not serve the public interest; or
• is satisfied that the seizure is no longer necessary to protect the Crown's interest.

Where the seizing forest official has reasonable grounds to believe that the seized livestock is the property of another person[s], and the person from whom the livestock was seized agrees in writing, the seizing forest official may release the livestock to the rightful owner of the livestock after having lifted the seizure.

Where the seizing forest official exercises his or her discretion to lift a seizure, the facts supporting that decision and the rationale for that decision along with copies of any relevant documentation, statements or other evidence will be recorded and placed on the appropriate file. The seizing forest official will inform the owner of the livestock in writing that the seizure has been lifted.

Seizure Costs

A forest official may recover costs from seizure of seized livestock and may only do so pursuant to section 68 (2) (a) (i) of the Act.

A DDM and or a DM may recover costs from the seizure and sale of seized livestock and my only do so pursuant to section 68 (4) of the Act.

Disposition of Seized Livestock

Where the seizing forest official believes it is not appropriate to lift a seizure, the forest official will forward a briefing note to the appropriate DDM with recommendations as to the disposal of the seized livestock.

All determinations by a forest official as to whether to release seized livestock or to recommend disposal of seized livestock will be made in a timely manner and will balance and consider:

• the interests of the Crown;
• the health and welfare of the seized livestock;
• the interests of the person from whom the livestock was seized: and
• the interests of any third party claiming ownership of the seized livestock.

District-based seizing forest officials will forward any briefing note recommending the sale of seized livestock to DDMs other than their District Managers except where:

• the District Manager will conduct concurrent hearings for the purpose of making a statutory determination of non-compliance and an administrative determination on the disposal of the seized livestock, or
• it is reasonable to anticipate that the District Manager will not be the DDM responsible for any determination that will involve the same person/s and arises from the same set of circumstances that initiated the seizure.

Any DDM who makes an administrative determination with respect to the sale of seized livestock will not act as the DDM for any subsequent statutory determination that involves the same person/s and arises from the same set of circumstances that initiated the seizure.

Prior to making any recommendation to sell or dispose of seized livestock, the forest official will:

• make all reasonable efforts to determine ownership; and
• consider all third party claims, and
• make a reasonable effort to solicit supporting evidence of any claims to ownership or authority to graze or range on Crown land.

The briefing note recommending the sale or disposal of seized livestock will include, but is not limited to including:

• time and location of the seizure;
• volume, and value (to the Crown and the owner of the livestock if relevant) of the seized livestock;
• authority and specific section of the Act under which the livestock were seized;
• the reasonable grounds for seizure;
• the costs of the seizure and storage of the seized livestock;
• a description of any efforts to have the owner reclaim the seized livestock;
• any Range program staff recommendations regarding the livestock;
• any recommendations on the part of Ministry of Agriculture, Food and Fisheries staff regarding the livestock;
• any SPCA recommendations regarding the livestock;
• any recommendation made by a veterinarian regarding the livestock;
• copies of all information or documents provided by the owner [purported or otherwise] of the seized livestock that may contest the seizure; and
• copies of all information or documents provided by any third party claimants to the seized livestock.

The DDM will determine whether to sell; to return the seized livestock to the person from whom they were seized; or to instruct that the seized livestock be delivered to another person at the direction of the person from whom the goods were seized regardless of the final location of the seized livestock.

The DDM will offer an Opportunity to be Heard to the person from whom the livestock was seized as well as to any party making a claim to the seized livestock. This may be written or oral and is at the discretion of the DDM.

Any determination made by a DDM respecting the sale of seized timber will be made within 30 days of any Opportunity to be Heard.

Where a DDM disposes of seized livestock other than by auction, the DDM will provide a rationale in writing for the manner in which the seized goods were disposed. Livestock will be sold at a licensed public sale yard wherever possible. Where livestock are to be sold at a location other than a registered auction yard, a licence to act as a livestock dealer must be acquired, pursuant to the Livestock Public Sale Act.

The District Manager and Range Program staff in the district in which the seized livestock reside will administer the auction of seized livestock.

Where an auction of seized livestock does not result in the sale of some or all of the livestock, the DDM will return the livestock to the forest official for disposition pursuant to section 68 of the Act.

Recording Seizures

All documents relating to seizures will be retained on the appropriate file and all seizures will be recorded in ERA.

References

• Ministry Policy Manual, Resource Management;
• Forest and Range Practices Act;
• Forest Act;
• Range Act;
• Livestock Public Sale Act