Overview and Enforcement of the Animal Keepers Act Lien

A person leasing land for grazing purposes only is not an animal keeper under this Act.

Animal Keeper

An animal keeper is a person who receives payment for boarding, feeding, or caring for an animal that is owned by another person.

The animal keeper will have a lien in relation to the animal and gear. In addition to other remedies, the animal keeper has the right to detain and sell the animal and gear if the debt is not satisfied, providing that proper notice is given. The right to sell or detain has priority over other liens, security interests, charges, or encumbrances as they relate to the animal and its gear. Provisions are also made as to the disbursement of funds where sale proceeds have exceeded the amount required to satisfy the animal keepers’ lien.

Lien on Animals and Gear

An animal keeper has a lien on an animal and gear when a related debt is taken on. A lien is a right to keep possession of property until the debt due is discharged. The property is held as security. It secures the payment of the debt.

The types of animals covered under the Act are cattle, horses, swine, sheep, bison, elk, deer, goats, mules, and asses.

Gear, under the Act, includes tack and equipment used for riding, driving, showing, or caring for animals. As well, stock trailers, horse trailers, sleighs, buggies, and carriages are also considered gear.

An animal keeper may detain the animal and any gear in relation to the animal until the appropriate time when the property can be sold by public auction. The animal keeper's right to detain and sell an animal or gear has priority over any other charges against the property that may exist. It is possible to waive rights provided under the Act. A waiver declaration must be written and signed to be in effect.

There exists an option to limit the lien when an animal keeper has a lien on more than one animal or gear belonging to the same owner. In this case, the animal keeper may choose to limit the lien to one or some of the animals or gear. The animal keeper may sell the specified animal(s) and/or gear. The proceeds of the sale are then applied to the total outstanding debt.

For example, suppose there exists a lien for the feeding of ten horses. Perhaps selling only one of the horses could satisfy this lien. The proceeds from the sale of the one horse are applied to the total outstanding feed bill. It is not necessary to sell all ten horses.

Procedure to Enforce Lien, and Role of AF

The Act outlines the steps an animal keeper should follow to receive payment on an outstanding debt. The owner of the animal or gear is provided 14 days to settle the debt. If the owner fails to settle the debt, then the animal keeper can sell the animal or gear by public auction after providing the appropriate notice. An animal keeper must take proper care of the animals during the time of possession.

Animal keepers wishing to use the Act to enforce their lien should contact the Animal Health and Assurance Branch, Inspection and Investigation Section for direction and assistance in doing so. Animal keepers also need to be advised that they are to provide a copy of the Notice of Sale and Proof of Service of Notice of Sale to the Animal Health and Assurance Branch, Inspection and Investigation Section, and that they cannot sell the animal without an approval letter from AF.

AF provides leadership and support for Alberta’s agriculture and food industry through information, services, and administration of legislation.

If you have questions about the interpretation of the legislative provisions discussed in this webpage, you may contact:

Alberta Agriculture and Forestry
Animal Health and Assurance Branch
Inspection and Investigation Section
301 Provincial Building
4920 - 51st Street
Red Deer, AB T4N 6K8
Telephone: 1-866-252-6403
Fax: 403-340-5870

A notice of sale, whether the animal owner is known or unknown, must include the following elements:

1. the method of the proposed sale;
2. the date and time of the sale;
3. the address and name of the place where the animal or gear will be sold;
4. the name of the owner or the person who brought the animal or gear to the animal keeper (if known);
5. the amount for which the lien is claimed;
6. a description of the animal or gear; and
7. the name of and contact information for the animal keeper.

Equine Information Document (EID)

Due to new regulations being administered by the Canadian Food Inspection Agency (CFIA), all horses sold at public auction require an Equine Information Document (EID) to accompany the related sale documents.

For more information and explanation go to the Canadian Food Inspection Agency Website.

Transportation and Inspection of Cattle and Horses

When cattle and horses are being sold, the Animal Health and Assurance Branch, Inspection and Investigation Section provides a copy of the animal keeper’s Notice of Sale and Proof of Service of Notice of Sale to Livestock Identification Services Ltd. (LIS) along with a copy of their letter to the animal keeper approving the sale.

Animal keepers must comply with the Livestock Identification and Commerce Act when transporting cattle or horses for sale under the Animal Keepers Act. All cattle and horses sold at public auction are inspected by Livestock Identification Services Ltd. (LIS) on entry into the livestock market.

Click here for information on Transportation and Inspection of Cattle and Horses under the Animal Keepers Act. Failure to comply with the requirements for transportation and inspection of cattle and horses can result in the animal or sale proceeds being held by LIS.

Contact information for LIS:

Livestock Identification Services Ltd.
109, 264 Midpark Way SE
Calgary, Alberta T2X 1J6
Telephone: 403-509-2088
Toll-Free Telephone: 1-866-509-2088
Fax: 403-509-2098

1. for expenses incurred in detaining, transporting, advertising, and selling the animal or gear,
2. to satisfy the animal keeper's lien,
3. to a person who makes a claim within seven days of the sale date,
4. to the Minister for distribution (if more than one person makes a claim within seven days of the sale date),
5. to the Minister for retention (if no one makes a claim within seven days of the sale date), or
6. to the Court.