Loading...
HomeMy WebLinkAboutCLD-005-09 J' am n( ing � REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 30, 2009 °Sol LAh 01) *el PA Report#: CLD-005-09 File #: By-law#: Subject: LIVESTOCK EVALUATION STATUS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CLD-005-09 be received for information. Submitted by: att' ar ' , CMO Reviewed by: Franklin Wu, unici Clerk Chief Administrative Officer PLB' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-005-09 PAGE 2 BACKGROUND AND COMMENT At the General Purpose and Administration Committee meeting of January 19, 2009, direction was provided for the Municipal Clerk's Department to provide an update of livestock evaluation claims to date. Report CLD-27-04, which is included as Attachment No. 1 to this report, outlines the process for the filing of claims under the Livestock, Poultry and Honey Bee Protection Act and the amount of compensation paid and reimbursed by the Province from 1998 to 2003. The following chart indicates the compensation for the years 2004 to 2008: Total Compensation Paid by Number of Municipality and Submitted to Compensation Reimbursed Year Claims Province by Province 2004 61 $ 29,009.50 $ 29,009.50 (One claim for dog dama e 2005 63 $ 33,974.75 $ 33,674.75 2006 61 $ 42,517.00 $ 42,467.00 (Two claims for dog damage) 2007 87 $ 63,091.00 $ 62,191.00 2008 129 $108,214.00 $108,114.00 The differences in the amounts submitted to the Province and the amount paid to the Municipality is due to the timing of the payments received around year end. In the vast majority of cases, all claims submitted to the Province for coyote damage are reimbursed in full. This report is presented for information purposes. Attachments 1. Report CLD-27-04 Attachment No. 1 to Report CLD-005-09 • 1� REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 7, 2004 Report#: CLD-27-04 File#: By-law#: Subject: LIVESTOCK, POULTRY AND HONEY BEE PROTECTION ACT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CLD-27-04 be received for information. Submitted by: kBa A.M.C.T. Reviewed by: u, Municipa Clerk Chief Administrative Officer PLB*ct 1101 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1303 REPORT NO.:CLD-27-04 PAGE 2 OF 5 Background At the Council meeting held on June 28, 2004, a resolution was passed directing the Municipal Clerk to prepare a report regarding the Provincial policy governing the livestock compensation process. Legislation The livestock compensation process is governed by the Livestock, Poultry and Honey Bee Protection Act(the Act). In accordance with the Act, local municipalities are liable to the owner of livestock or poultry for the amount of damage caused by dogs or wolves. For the purpose of the Act, local municipalities must appoint one or more persons as valuers. When a farmer determines that they have sustained damage to their livestock, they contact a valuer who attends and completes a Livestock Valuers Report that is submitted to the municipality. Dog Damage The Act states that any person may kill a dog that is found killing or injuring livestock or poultry or that is found straying at any time and not under proper control, upon premises where livestock or poultry are habitually kept. In the case of damage caused by a dog, the municipality is entitled to recover the amount paid from the owner of the dog. The council may conduct an inquiry in order to ascertain the owner of a dog that has killed or injured livestock or poultry. Once the owner of a dog has knowledge that his dog has killed or injured livestock or poultry, he shall destroy the dog within forty-eight hours. Wolf Damage In the case of damage caused by wolves, the municipality submits the reports to the Ministry of Agriculture and Food and is reimbursed for the amounts that have been paid to the owners of the livestock or poultry. Other Wild Animals The Act states that a local municipality may pass a by-law to provide that where livestock or poultry are killed or injured by wild animals other than wolves, the municipality will reimburse the owner for the damage and may fix the maximum amount payable for any head of livestock so killed or injured. In 1989, Council passed a resolution to deny reimbursement to owners of livestock for damage caused by other wild animals. 1102 1304 REPORT NO.:CLD-27-04 PAGE 3 OF 5 Denial of Liability Where the valuer finds evidence to show: a) that the livestock or poultry was not killed or injured by a dog or a wolf; b) that the killing or injuring was caused by a dog owned by or habitually kept on the premises of the owner of the livestock; or c) that the owner had not taken reasonable care to prevent the killing or injuring of the livestock or.poultry by dogs or wolves, the council may deny liability in whole or in part. Appeal Should the owner of the livestock or the council be dissatisfied with the report of the valuer, they may appeal to the director who is appointed by the Minister. Upon appeal, the director will name a valuer who will make a further investigation and report. Limitation on Amount of Compensation Part III of the Act states that where compensation is payable under the Act, the amount shall not exceed the market value of the livestock, poultry, honey bees or hive equipment at the time of death, injury or damage in respect of which payment is made. If an owner received an amount under a contract of insurance by reason of the death of or injury to livestock or poultry, the market value of the livestock is to be reduced by that amount. The regulations to the Act set out maximum amounts for compensation as follows: For a head of cattle,$1,000 For a fur-bearing animal, $100 For a goat, $200 For a horse, $500 For poultry of one owner killed or injured in any year, $1,000 For a rabbit, $20 and for all rabbits of one owner killed or injured in any year, $1,000 For a head of sheep, $200 1103 1305 REPORT NO.:CLD-27-04 PAGE 4 OF 5 For a head of swine, $200 For honey bees, $35 For hive equipment, $75. In January 2004, with the appointment of new valuers, the amount of compensation per claim being awarded to livestock owners decreased. Although the market values had declined, the owners felt that the awards had been decreased too dramatically to truly reflect the market. In order to determine the method of calculating the compensation in past, a long-time valuer was contacted. He advised that in many cases the lost animal is a young calf or Iamb. In those circumstances, an additional amount of compensation has been awarded to offset the cost of feeding the female animal until the next breeding. This compensates for the lost potential revenue from the young animal. To clarify this point, the Ministry was contacted. They have advised that additional information may be factored into the value. Pedigree, genetics, pertinent performance records, physical identification, invoices and/or sale records and age should all be considered in determining the value. In calculating market value, recognition should be given to breeding value that an animal may have beyond what it is worth for slaugter purposes. The value should, however, be based on the best estimate of the replacement cost. The valuer should ask"What would the livestock owner have to pay to 'replace'that animal in the herd?" Livestock Valuers Reports In 2000,the Ministry amended the Report of the Livestock Valuer in order for more information to be collected by the valuers. A copy of the form that was used prior to the amendment is included as Attachment No. 1. The new form is included as Attachment No. 2. Note that the new form has a column on Page 3 to include an amount for"Additional Value Over Markey. In addition to the Report of the Livestock Valuer, each livestock owner must complete an affidavit swearing to the details of the attack. This affidavit must be signed in the presence of a Commissioner for Taking Affidavits: Given the size of our municipality, we have applied and the Province has appointed our valuers as Commissioners for Taking Affidavits. In this way, the farmer can swear the affidavit at the time the valuer attends to investigate the damage, saving them a trip into the Municipal Administrative Centre. A copy of the Affidavit is attached hereto as Attachment No. 3. 1104 1306 REPORT NO.:CLD-27-04 PAGE 5 OF 5 Claims of the Municipality The resolution passed by Council on June 28 stated that the report being prepared was to include the dollar value allowed per animal for each year covering 1995 through to the end of 2003; in addition a list by year of the claims submitted, money paid for each claim and the number of claims rejected each year. In accordance with the municipality's record retention by-law, the claims for the years 1995, 1996 and 1997 have been destroyed. The total amounts for claims submitted to the Ministry for the years 1998 to 2003, inclusive, are as follows: Compensation Paid by Municipality and Year Submitted to Compensation Province Reimbursed by Province 1998 47,655.00 47,655.00 1999 48,245.00 47,945.00 2000 25,410.75 23,210,75 2001 26,028.00 25,583.00 . 2002 25,732.50 25 732.50 2003 33,199.00 33,099.00 The details of each of these years are included as Attachment No. 4 to this report. Please note that these claims are only those that were submitted to the Ministry for reimbursement. Attachment No. 1 — Old Report of Livestock Valuer Attachment No. 2— Revised Report of Livestock Valuer Attachment No. 3—Affidavit Attachment No. 4—Listing of Claims 1998 to 2003 1105 1307