Part 7 – ABC’s of Alberta Statutes and Regulations

Our Battle with

The Alberta Provincial Government – Part 7

ABC’s of Alberta Statutes and Regulations

Part 7

Alberta Environment & Parks (AE&P) have decided not to issue any capture permits for wild horses in 2016, however the illegal capturing of our wild horses is allowed to continue.

Wild Horses of Alberta Society (WHOAS) indicates that a well known man in the Sundre area of Alberta is, once again, capturing horses that have wandered onto private property, through gates that have been deliberately left open. Horses coming through an open gate are not actually trespassing, as they have been invited to enter by the person(s) that left the gate open. WHOAS has indicated that this man has captured several horses in this fashion, and they have asked that these horses be removed from this man’s possession, and be returned to Public Lands. According to WHOAS, AE&P have so far, refused that request.

I would like to lay to rest many of the misconceptions concerning the Statutes and Regulations regarding our Alberta wild horses, and include the Statutes and Regulations I will be referring to.

Firstly, there is no definition of “feral horse” in the Stray Animals Act or any of its Regulations. Horses are defined as livestock under this Act.

Secondly, there is no law, nor provision in the Act or Regulations, that allow a person to keep and become the legal owner of any “feral horse” or any “horse” that wanders or trespasses onto private property from Public Land. The only method available to capture horses that are on, or have been on Public Land, according to the Statutes and Regulations, is a Capture Permit. The Capture Permit must clearly state the designated lands where the horses can be captured.

WHOAS claims on its Facebook Page, that AE&P regularly state that any feral horse that wanders onto private property, becomes the property of the owner of the land. This is not correct.

There are very specific rules and regulations regarding opening and closing a gate. Those rules and regulations can be found in Section (7). The person responsible for failing to close a gate, is liable for any damage caused or expenses incurred.

There are also very specific rules regarding livestock that “trespass” onto private property. Those can be seen under Part 2 Section 8(1), (2), (3), and (4). You are allowed to capture and confine the livestock and within 48 hours of doing so, you must complete a Statement of Capture and forward it to the Inspector. The Inspector must then try and determine the owner of the livestock. In the case of the wild horses (livestock), the owner is the Crown.

I’m sure the Crown is going to deny they are the owners of the horses, but there are many, many examples where they have demonstrated they are. In 2015, the Crown hired wranglers to capture 50+ horses on Public Lands. The Crown then gave WHOAS permission to take whatever captured horses they wanted, and directed the wranglers to take the remaining unwanted horses to auction. The Crown then gave the Auction House permission to sell the horses, setting a minimum price of $500/horse. The proceeds from the sale of these horses went to the Crown. All of these acts demonstrate ownership of the horses.

There are also very specific rules and regulations in place for the Crown to sell off its property or assets. These rules and regulations come under the Ministry of Service Alberta. No one person is to be given an unfair advantage when it comes to selling off the Crown’s property or assets. The most common way for the Crown to sell assets is through public auction.

The Crown appears to be failing to follow its Statutes and Regulations in all of the above cases.

Please contact Minister Phillips and inform her, the employees of AE&P are failing to follow the Alberta Statutes and Regulations, and are giving out false and misleading information to the General Public, with regard to the above information.

Please contact Minister Stephanie McLean of Service Alberta and inform her that Crown assets are unfairly and wrongly being disposed of.

Please contact Premier Notley and inform her, the Ministries of Environment and Parks and Service Alberta are in violation of the Acts.

Finally, you may want to contact the Solicitor General and ask for these Acts to be fully explained to the employees of AE&P and Service Alberta, so that they may follow them in accordance with the law, and to ensure that the false and misleading information currently being given out, ceases.

 

Premier Rachel Notley
Office of the Premier
307 Legislature Building
10800 – 97 Avenue
Edmonton, AB
T5K 2B6
Phone: (780) 427-2251
Email: premier@gov.ab.ca
Minister Kathleen Ganley
Minister of Justice and Solicitor General
Executive Branch
424 Legislature Building
10800 – 97 Avenue
Edmonton, AB
T5K 2B6
Phone: (780) 427-2339
Email: ministryofjustice@gov.ab.ca

 

Minister Shannon Phillips
323 Legislature Building
10800 97 Avenue
Edmonton, AB
Canada T5K 2B6
Phone: (780) 427-2391
Email: AEP.Minister@gov.ab.ca
Deputy Minister Bill Werry
Alberta Environment & Parks
915 – 108 Street
Edmonton, AB
T5K 2G8
Phone (780) 427-1799
Email: bill.werry@gov.ab.ca
Shannon Flint, Assistant
Deputy Minister Policy Div.
Alberta Environment & Parks
11th Fl. Petroleum Plaza St.
9915 – 108 Street
Edmonton, AB
T5K 2G8
Phone: (780) 422-8463
Email: shannon.flint@gov.ab.ca
Minister Stephanie McLean (ND)
Service Alberta
Legislature Office
10800 – 97 Avenue
Edmonton, AB
T5K 2MB6
Phone: (780) 422-6880
Email: calgary.varsity@assembly.ab.ca

 

ALBERTA REGULATION 301/96
Stray Animals Act
STRAY ANIMALS REGULATION

Definition

1(1) In this Regulation, “Act” means the Stray Animal Act.

(2) In this Act, “livestock” means

(a)alpacas,

(b)bison,

(c)cattle,

(d)donkeys,

(e)goats,

(f)horses,

(g)llamas,

(h)mules,

(i)sheep, and

(j)swine.

STRAY ANIMALS ACT
Chapter S 20

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definition

1(1) In this Act,

(a) “highway” has the same meaning as it has in the Traffic Safety Act;

(b) “inspector” means

(i)a person appointed or designated as an inspector pursuant to section 4, or

(ii)a member of the Royal Canadian Mounted Police;

(c)“livestock” means livestock as defined in the regulations;

(d)“Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

(e)“public land” means land of the Crown in right of Alberta.

Interpretation

2 For the purposes of this Act,

(a) the “last person in possession of the livestock” means the last person in actual possession of the livestock, but does not include a person who captures, confines or impounds livestock pursuant to this Act, and

(b) when livestock are captured, confined or impounded pursuant to this Act, the “last person in possession of the livestock” means the person who was the last person in actual possession of the livestock before the capture, confinement or impoundment of the livestock.

Crown bound

3 The Crown in right of Alberta is bound by this Act.

Part 1
Liability for Trespassing Livestock

Liability for trespassing livestock

5(1) Subject to section 6, when livestock trespass, the owner of the livestock and the last person in possession of the livestock are jointly and severally liable for

(a)damage done to real or personal property caused by the trespass of the livestock or by any person in capturing the livestock, and

(b)expenses incurred as described in subsection (2).

(2) Expenses, for the purposes of subsection (1)(b) and sections 7(2)(b), 17(a)(ii) and 18(1) and (2)(a), are expenses incurred in the following

(a)capturing, confining and impounding the livestock;

(b)identifying the livestock;

(c)attempting to ascertain the owner or the last person in possession of the livestock;

(d)maintaining the livestock;

(e)transporting the livestock;

(f)selling the livestock.

Exemption from liability

6(1) A person is not liable under section 5 for any damage or expense that is due wholly to the fault of the person suffering the damage or expense.

(2) In determining whether liability for any damage or expense under section 5 is excluded by subsection (1), the damage or expense shall not be treated as due to the fault of the person suffering it by reason only that the person could have prevented it by fencing the person’s land.

Liability for opening and not closing gate

7(1) When a person

(a) opens and fails to close a gate, or

(b) tampers with, damages or destroys a gate or fence, as a result of which livestock escape, the person doing or failing to do the act or thing referred to in clause (a) or (b) is liable as provided in subsections (2) and (3).

(2) The person doing or failing to do the act or thing referred to in subsection (1) is liable for

(a) any damage done to real or personal property by the livestock or by any person in capturing the livestock, and

(b) any expenses described in section 5(2).

(3) The person doing or failing to do the act or thing referred to in subsection (1) is liable for the damage and expense referred to in subsection (2) to

(a) the owner of the livestock, and

(b) when the last person in possession of the livestock was required to pay for any damage or expense under section 5, to that person.

(4) Nothing in this section restricts the liability under section 5 of the owner and the last person in possession of the livestock.

Part 2
Capture of Stray Livestock

Capture of trespassing livestock

8(1) If livestock trespass on land, the owner or occupier of the land may, while the livestock are on the owner’s or occupier’s land, capture and confine them or authorize another person to capture and confine them in a place appropriate to enable an inspector to identify them.

(2) No owner, occupier or person on their behalf capturing trespassing livestock under subsection (1) shall permit or allow the captured livestock to be

(a) transported or driven along a highway, or

(b) transported or driven over any land of which the owner or occupier is not the owner or the person in possession, unless authorized to do so by an inspector.

(3) When an owner or occupier or a person on the owner’s or occupier’s behalf captures livestock trespassing on the owner’s or occupier’s land, the owner or occupier or the person on the owner’s or occupier’s behalf shall, within 48 hours of the time that the livestock is confined, complete a statement of capture and claim any expenses incurred in connection with the capture of the livestock on the statement of capture and send it to the inspector.

(4) When an owner or occupier or a person on the owner’s or occupier’s behalf captures livestock trespassing on the owner’s or occupier’s land and the owner of the livestock or the last person in possession of the livestock has been identified, the owner or occupier or the person on the owner’s or occupier’s behalf must as soon as possible notify the owner of the livestock or the last person in possession of the livestock of the capture and confinement of the livestock.

March 29, 2016