Deer Farming and Marketing of Deer Products Regulations
made under Section 113 of the
Wildlife Act
R.S.N.S. 1989, c. 504
O.I.C. 91-17 (effective January 15, 1991), N.S. Reg. 1/1991
amended to O.I.C. 2015-96 (effective April 1, 2015), N.S. Reg. 166/2015
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Advisory committee
Licence
Issuance
Expiry and renewal
Suspension
Designate authority
Conditions of licence
Escape from captivity
Import and export
Quarantine
Reports re diseased deer farm animals
Enclosures
Handling of deer farm animals
Deer farm animal identification
Deer meat and product identification
Sale of deer farm animals and products
Records
Inspection
Transportation
Liability
Offence
Effective date of new regulations
Citation
1 These regulations may be cited as the “Deer Farming and Marketing of Deer Products
Regulations”.
Definitions
2 In these regulations
(a) “abattoir” means a facility where deer farm animals are slaughtered for
human consumption;
(b) “Act” means the Wildlife Act, Revised Statutes of Nova Scotia, 1989,
Chapter 504;
(c) “antler tag” means a tag approved by the Minister and affixed to the antlers
of a deer farm animal;
(d) “carcass” means the intact edible portion of a deer farm animal after the
hide, feet, head, and viscera have been removed;
(e) “conservation officer” means a person designated a conservation officer
pursuant to the Act;
(f) “Crown” means Her Majesty the Queen in right of the Province;
(g) “Crown land” means land vested in Her Majesty in right of the Province
and includes an interest in land;
(h) “deer farm” means a location where deer farm animals are held in captivity
for commercial purposes in accordance with these regulations;
(i) “deer farm animal” means,
(i) an elk having the scientific name Cervus canadensis,
(ii) a red deer having the scientific name Cervus elaphus,
(iii) a fallow deer having the scientific name Dama dama, or
(iv) a sika deer having the scientific name Cervus nippon,
that is held in captivity at a licensed deer farm for the purpose of producing
animal products, and that is of at least third generation captive stock from a
commercial licensed premises;
(j) “deer farming” means the raising or holding of deer farm animals in
captivity for the purpose of producing animal products;
(k) “deer farmer licence” means a licence issued pursuant to these regulations
permitting the holder to engage in the business of deer farming;
(l) “deer meat” means the edible flesh of a deer farm animal;
(m) “deer meat processor” means a person who is the holder of a valid deer
meat processor licence and who is engaged in the business of slaughtering
live deer farm animals or processing deer farm animal carcasses into
wholesale or retail products for sale or trade to the public;
(n) “deer meat processor licence” means a licence issued pursuant to these
regulations permitting the holder to engage in the business of slaughtering
live deer farm animals or processing deer farm animals into wholesale or
retail products for sale or trade to the public;
(o) “electronic identification” means a unique identification number on a device
that is
(i) implanted into, or
(ii) permanently affixed to
a deer farm animal so that it can be read with an electronic scanner;
(p) “inspection” means the visual examination of
(i) deer farm animals and animal products, and
(ii) records of any deer farm, deer meat processing facility or abattoir;
(q) “licence” means a valid and subsisting licence issued pursuant to these
regulations;
(r) “Minister” means the Minister of Lands and Forests or a member of the
Executive Council who has been assigned responsibility for matters relating
to Section 49 of the Act;
(s) “named disease” means any disease designated by the Minister pursuant to
Section 19;
(t) “positive identification” means an identification that is permanently affixed
to a deer farm animal and includes tattoos, electronic identification, and any
brand used pursuant to the Livestock Brands Act;
(u) “ribbon brand” means a continuous edible dye label covering the entire
length of a carcass;
(v) “tattoo” means a permanent legible ink marking embedded into the hide of
a deer farm animal;
(w) “trade” includes offering for sale, exposing for sale, advertising for sale,
selling, buying, bartering, exchanging, dealing or soliciting;
(x) “unique identification” means an identification number, letter or
combination thereof, approved by the Minister, that is specific to a
particular individual deer farm animal;
(y) “vacuum packaged” means packaged in a sealed plastic pouch with all of
the air removed from the pouch;
(z) “veterinarian” means an official veterinarian of the country of origin of a
deer farm animal imported into Canada or a veterinarian employed by
Agriculture Canada or an individual licensed to practice veterinary medicine
in a province of Canada;
(aa) “visual identification” means a visible coloured ear tag or neck collar that
will distinguish each deer on a deer farm.
Advisory committee
3 (1) The Minister may appoint a Deer Farming Advisory Committee consisting of not
more than six members, one of whom shall be a public servant employed with the
Department of Lands and Forests, two of whom shall be public servants employed
with the Department of Agriculture and Marketing, two of whom shall be owners
of a deer farm, and one of whom shall be a representative of the Nova Scotia
Wildlife Federation.
(2) The Minister may appoint one of the members to be chairperson, and one other
member to be secretary of the committee.
(3) Appointments to the Advisory Committee shall be for two years unless sooner
revoked by the Minister.
(4) The Advisory Committee shall
(a) periodically review the functioning of deer farming in the Province; and
(b) advise the Minister respecting all matters pertaining to deer farming.
Licence
4 (1) No person shall establish or operate a deer farm or hold in captivity any deer farm
animal unless that person is the holder of a valid deer farmer licence.
(2) No person shall slaughter or process for human consumption deer farm animals
unless that person is the holder of a valid deer meat processor licence.
5 (1) Any person over the age of nineteen years may apply for a deer farmer licence
provided the person
(a) submits an application to the Minister on a form provided by or suitable to
the Minister;
(b) pays an application fee of $131.26;
(c) submits a development plan in a form required by the Minister;
(d) submits either
(i) proof of ownership of an area of land within the Province of a
minimum of five contiguous hectares, or
(ii) proof of ownership of land within the Province and/or a lease of
private property which have a combined contiguous minimum of five
hectares; and
(e) submits any additional information that the Minister may consider
necessary.
(2) Any person over the age of nineteen years may apply for a deer meat processor
licence provided the person
(a) submits an application to the Minister on a form provided by or suitable to
the Minister;
(b) pays an application fee of $124.57;
(c) provides a copy of the licence issued to the applicant pursuant to the Meat
Inspection Act (Canada) or Meat Inspection Act (N.S.) as required pursuant
to Section 24 of these regulations; and
(d) submits any additional information that the Minister considers necessary.
Issuance
6 (1) Where the Minister
(a) receives an application pursuant to Section 5; and
(b) is satisfied that the applicant has complied with these regulations, he may
issue a licence to the applicant.
(2) The Minister may limit the number of licences issued pursuant to this section.
Expiry and renewal
7 (1) A licence issued pursuant to these regulations expires at the end of the calendar
year.
(2) Unless sooner suspended or cancelled, every licence is renewable annually upon a
payment of an annual fee of $13.70.
Suspension
8 (1) The Minister may, for any period that he considers appropriate, suspend, cancel or
refuse to renew a licence, if the person to whom the licence has been issued fails to
comply with the Act, these regulations, or other regulations made pursuant to the
Act.
(2) The Minister shall not suspend, cancel or refuse to renew a licence without giving
the person to whom the licence was issued an opportunity to be heard, unless, in
the Minister’s opinion, it is in the public interest to suspend a licence immediately.
(3) Where the Minister suspends a licence without notice pursuant to subsection (2),
he shall
(a) immediately notify the person to whom the licence was issued of the
suspension; and
(b) give the person to whom the licence was issued an opportunity to be heard
within 15 days of the date of the suspension.
(4) The suspension or cancellation of a licence pursuant to this section is in addition to
any other penalty that may be imposed pursuant to the Act or pursuant to any other
legislation.
Designate authority
9 The Minister may designate an employee of the Department of Lands and Forests or the
Department of Agriculture and Marketing to exercise the powers and functions of the
Minister as prescribed in these regulations.
Conditions of licence
10 (1) It shall be an offence for any person to whom a licence has been issued pursuant to
these regulations to fail to comply with any requirements of the Act, these
regulations or any other regulations made pursuant to the Act.
(2) No person to whom a deer farmer licence is issued shall
(a) operate a deer farm on Crown land;
(b) obtain deer farm animals from within the Province other than from a deer
farm operated by the holder of a deer farmer licence;
(c) obtain deer farm animals from outside the Province in a manner contrary to
the Act or regulations made pursuant to the Act, or contrary to any
legislation in effect in the jurisdiction in which the deer farm animals are
obtained.
Escape from captivity
11 (1) No person who has been issued a deer farmer licence and operates a deer farm
shall allow the deer farm animals to roam free, escape, or be released to the wild.
(2) Every person to whom a deer farmer licence has been issued whose deer farm
animals escape from captivity shall
(a) notify the Minister within 24 hours of the licensee becoming aware of the
escape;
(b) make all reasonable efforts to restore the escaped deer farm animals to
captivity; and
(c) subsequently, within 15 days, report the full details of the escape and
recovery to the Minister, or a person designated by the Minister.
(3) Any deer farm animals not recovered within fifteen days of the date of notification
to the Minister of the escape shall become the property of the Crown.
(4) Every person who has been issued a deer farmer licence shall immediately report
to the Minister, or to a person designated by the Minister, the presence of white tail
deer or moose within the perimeter fence of the enclosures as prescribed pursuant
to these regulations.
Import and export
12 (1) No person shall import or export live deer farm animals without an import or
export permit issued pursuant to these regulations.
(2) The Minister may issue an import licence to the holder of a valid deer farmer
licence upon receipt of
(a) a statement from the applicant setting out the particulars of the animals to be
imported sufficient to satisfy the Minister that such animals fall within the
meaning of deer farm animals as set out herein; and
(b) a copy of a veterinarian’s certificate certifying that the deer farm animals to
be imported have been tested and examined within 30 days prior to the date
of importation and are free from all named diseases.
(3) The Minister may issue an export permit for export of deer farm animals upon the
application of the holder of a deer farmer licence.
(4) Any person who has been issued an export permit shall submit to the Minister,
within 10 days of the date of the export, a copy of the bill of sale as required
pursuant to Section 26 and a copy of any veterinarian’s report required by the
jurisdiction into which the deer farm animals are exported.
13 (1) No person may export the antlers of deer farm animals without an export permit
issued pursuant to these regulations.
(2) An export permit pursuant to subsection (1) shall contain the name and address of
the person or firm to whom the antlers are being exported, along with the number
or weight of the antlers and the number of the antler tag.
Quarantine
14 Any person who imports any deer farm animal into Nova Scotia shall
(a) immediately take the deer farm animal to, and hold the deer farm animal in,
a quarantine facility approved by the Minister; and
(b) continue to hold the deer farm animal in quarantine until its release is
authorized by the Minister.
15 The Minister may authorize the release of deer farm animals from quarantine upon
(a) confirmation in writing that the deer farm animals have been held in
quarantine for a period of not less than fourteen days;
(b) receipt of a written report from a veterinarian that the deer farm animals
held in quarantine pursuant to clause (a) have been examined and either
exhibit no signs of disease or have been successfully treated for any disease
apparent while in quarantine;
(c) confirmation in writing that each deer farm animal to be imported has been
positively and uniquely identified; and
(d) receipt of a written report from a veterinarian confirming that the deer farm
animals have been tested while in quarantine pursuant to clause (a) and are
free from named diseases.
Reports re diseased deer farm animals
16 No person shall, without the authorization of the Minister, hold any deer farm animal
that the person knows or suspects is infected with a named disease or allow that deer
farm animal to be transferred to another person.
17 The owner of a deer farm animal shall immediately report to the Minister when the
owner knows or suspects that the deer farm animal is infected with a named disease or
knows or suspects that the deer farm animal has been in contact with an animal infected
with a named disease.
18 (1) Every person who imports a deer farm animal that dies within 30 days of its
importation shall report the death to the Minister and shall not dispose of the deer
farm animal until directed to do so by the Minister.
(2) Every person who holds deer farm animals shall, if a deer farm animal is found
dead, immediately report the death to the Minister and shall not dispose of the deer
farm animal until directed to do so by the Minister.
(3) Where the Minister suspects that a named disease may have caused the death of
the deer farm animal, the Minister may direct the owner of the deer farm animal to
have the animal examined by a veterinarian and to report the veterinarian’s
findings to the Minister.
19 (1) The Minister may designate any disease of animals as a named disease.
(2) Where the Minister designates a disease pursuant to subsection (1), he shall cause
notice of such designation to be published as soon as is reasonably possible in the
Royal Gazette.
Enclosures
20 (1) No person to whom a deer farmer licence has been issued shall hold deer farm
animals unless the deer farm animals are retained in enclosures as set out in these
regulations.
(2) No person to whom a deer farmer licence has been issued shall tether deer farm
animals in any manner.
21 The holder of a deer farmer licence shall hold deer farm animals in enclosures
(a) with a perimeter fence not less than 2.43 metres high, and constructed in a
manner with materials designated by the Minister;
(b) consisting of not less than 1000 m² for up to 5 adult animals;
(c) containing a shelter that is sufficient to house the number of deer farm
animals held in such manner and constructed of such materials as approved
by the Minister; and
(d) with capture facilities suitable for examination, inspection and testing of
individual deer farm animals as required to be carried out pursuant to these
regulations.
22 No person to whom a deer farmer licence has been issued shall hold deer farm animals
unless the enclosure is securely locked so as to prevent public access to the enclosure or
the escape of the deer farm animals.
Handling of deer farm animals
23 The handling of any deer farm animal shall be carried out in a humane manner.
Deer farm animal identification
24 Every person to whom a licence has been issued pursuant to these regulations shall
ensure that
(a) all deer farm animals held, slaughtered, or traded are all positively and
uniquely identified;
(b) in the case of a person issued a deer farmer licence
(i) all deer farm animals born on his deer farm are positively and
uniquely identified within 60 days of birth,
(ii) all deer farm animals imported are positively and uniquely identified
prior to importation.
Deer meat and product identification
25 (1) Every person who has been issued a deer meat processor licence shall
(a) apply a ribbon brand to both sides of the carcass of a deer farm animal
immediately after the deer farm animal is slaughtered; and
(b) ensure that the ribbon brand required pursuant to clause (a) extends from the
hips to the neck within 2 inches of the backbone.
(2) The holder of a deer meat processor licence shall ensure that all deer meat on his
premises
(a) if in the form of carcasses, sides, or quarters, is at all times ribbon branded;
and
(b) if in portions smaller than a quarter of a carcass, is vacuum packaged with
the identification of the deer meat processor either printed on the package,
or visible on a label placed inside the package.
(3) Every person who removes antlers from a deer farm animal shall affix an antler tag
to the antlers in a manner approved by the Minister.
Sale of deer farm animals and products
26 (1) Every holder of a valid deer farmer licence shall provide all purchasers of deer
farm animals with a bill of sale indicating
(a) the name and address of the holder of the deer farmer licence and, if
different, the name and address of the deer farm;
(b) the name and address of the purchaser;
(c) the species, sex and age of all deer farm animals purchased; and
(d) a list of all positive, unique, and visual identification.
(2) The holder of a valid deer meat processor licence shall provide to all purchasers of
deer meat or animal products of a deer farm animal, a bill of sale indicating
(a) the name and address of the holder of the deer meat processor licence and if
different, the business name and address;
(b) the name and address of the purchaser;
(c) a description of the deer meat or animal product sold;
(d) the total quantity and weight of deer meat or animal product sold; and
(e) a list of identification numbers pertaining to the animal product sold.
(3) No person who has been issued a deer meat processor licence shall sell deer meat
unless it is in the form of
(a) ribbon branded carcasses, halves, or quarters; or
(b) vacuum packaged, permanently labelled packages with the label printed on
the package or on a visible label placed inside the package.
(4) No person who has been issued a deer farmer licence shall sell or trade live deer
farm animals to anyone other than the holder of a valid deer farmer licence or a
valid deer meat processor licence.
(5) No person who has been issued a deer meat processor licence shall purchase or
trade live deer farm animals from anyone other than the holder of a deer farmer
licence.
Records
27 (1) Every person who has been issued a deer farmer licence shall
(a) maintain a permanent written record accounting for all births, deaths,
purchases and transfers of deer farm animals on that deer farm;
(b) use the unique identification of each deer farm animal as the key
identification in maintaining the record;
(c) indicate in the record all visual and other positive identification for each
deer farm animal;
(d) record, on the date the change occurs, any change in identification and the
date and reason for the change;
(e) upon receipt of a deer farm animal, or within 60 days of the birth of a deer
animal on his deer farm, as the case may be, enter positive, unique and
visual identification of the deer farm animal in the record;
(f) upon sale of a deer farm animal, deer meat or animal product of a deer farm
animal, enter into the record
(i) the positive, unique and visual identification pertaining to the deer
farm animal or animal product involved,
(ii) the name and address of the buyer, and
(iii) where the sale was to the holder of a deer meat processor licence or
the holder of a deer farmer licence, the licence number of the buyer.
(2) Every person who has been issued a deer meat processor licence shall
(a) maintain a permanent written record of all purchases of deer farm animals
and sales of deer meat and animal products of deer farm animals;
(b) upon receipt of a deer farm animal, enter into the record
(i) the unique identification of the deer farm animal,
(ii) the date of purchase of the deer farm animal, and
(iii) the name, address and licence number of the vendor.
(c) enter into the record the pertinent details of the sale of all deer meat or
animal products of deer farm animals, including
(i) the date of sale, quantity, weight, and description of the deer meat or
animal product sold, and
(ii) the name and address of the purchaser.
(3) Each annual record shall cover the period of time equivalent to the fiscal year of
the person required to keep such a record.
(4) Every person to whom a licence is issued shall
(a) retain all records required by this section for at least one year following the
end of the fiscal year of the licensee to which the records relates; and
(b) make the records mentioned in clause (a) available for inspection at all
reasonable times by the Minister, or a person designated by the Minister.
Inspection
28 (1) Every person who has been issued a deer farmer licence shall make his deer farm
and all deer farm animals held on his farm available for inspection at all reasonable
times by the Minister.
(2) Every person who has been issued a meat processor licence shall ensure that all
deer farm animals are slaughtered
(a) if for export, at an abattoir licensed under and by an inspector appointed
pursuant to the Meat Inspection Act (Canada); or
(b) if for provincial trade, at a licensed abattoir under inspection pursuant to
clause (a), or at an abattoir licensed under the Meat Inspection (N.S.) Act
[N.S.].
(3) Every person who has been issued a deer meat processor licence shall make all his
deer meat processing facilities available for inspection at all reasonable times by
the Minister.
Transportation
29 Every person to whom a licence is issued shall transport, or cause to be transported, all
deer farm animals in a covered vehicle.
Liability
30 Notwithstanding anything in the Act or regulations,
(a) the Minister shall not be liable for injury or property damage caused by deer
farm animals or by the escape from captivity of deer farm animals; and
(b) the Minister shall not be liable for the loss or death of any deer farm animal
through escape from captivity or death from disease, notwithstanding that
the Minister may have required a deer farm animal to be destroyed due to
escape or disease.
Offence
31 Any person who fails to comply with these regulations or hinders or obstructs a
conservation officer, extension worker or veterinarian in carrying out his functions
pursuant to these regulations is guilty of an offence and is liable on summary conviction
to a fine not exceeding $2,000.00.
Effective date of new regulations
32 These regulations shall come into force on, from and after the 15th day of January, 1991.