Livestock containment and fencing requirements: Information for the public and property owners

The Trespass Act regulates access to private land and references are made to enclosed land and fences. As such, the Trespass Act may also affect livestock at large inquiries.

Section 10 of the Trespass Act provides that where rural land boundaries are adjacent, owners of the adjoining land—except for the government, treaty lands, and Nisg̱a'a Lands —must make, keep up, and repair the fence or any natural boundaries between their properties, unless otherwise agreed upon. Further, each landowner is responsible for 1/2 of any reasonable fencing costs, unless otherwise agreed upon. Private land holders adjacent to Crown lands with Range Act Agreements (Grazing Licences or Permits) should be aware that the Province is not subject to the shared fencing requirement.

• Please see the Trespass Act for more information
• Specifications of a lawful fence are set out in the Trespass Regulation

The Livestock Act indicates when livestock (cattle, goats, horses, sheep, swine, and certain game) at large may or may not be subject to capture and allows for the establishment of Livestock Districts and Pound Districts. The Act does not specifically address fencing, however it does speak to enclosed land (which is different than the definition of ‘enclosed land’ under the Trespass Act).

Livestock are always allowed to roam freely on the livestock owner’s property and on land where the livestock owner has the landowner’s permission.

Enclosed land

Enclosed land under the Livestock Act means land that is surrounded by a natural or human-made barrier sufficient to exclude or contain livestock. In most cases, livestock that cross the barriers of the enclosure may be subject to capture. Therefore, livestock owners must ensure that their livestock are appropriately contained when necessary. More information on constructing fences adequate to contain livestock can be found in the BC Fencing Handbook. Other references for fencing that may be helpful for producers include specifications used by the Ministry of Forests for Crown range which are appropriate for extensive areas and the Standard Specifications for Highway Construction and specifications used by the Ministry of Transportation and Transit for along high-traffic highways (See Volume 2, Section 741).

Pound districts and livestock districts

In a Pound District or Livestock District, there are different rules for where different livestock are allowed to be at large or be captured and impounded. More information on capturing animals can be found in the Requirements For Capturing and Impounding Animals section below.

Pound districts

Within a Pound District, livestock may be subject to capture and impoundment under the Livestock Act if they stray off their owner’s property or land that their owner has permission to use. Further, livestock owners may also be liable for any damages caused by their livestock under the Livestock Act.

Therefore, owners of livestock near to or within a Pound District wishing to avoid having their livestock captured, or being liable for damages caused by their livestock, should enclose their land (e.g. “fence in their livestock”).

Creation of pound districts

The Pound District Regulation under the Livestock Act describes both how Pound Districts can be created or changed over time.

Livestock districts

Under the Livestock Act, the Lieutenant Governor in Council may establish a Livestock District.  Subject to certain restrictions, a livestock owner may allow their livestock to be at large in a Livestock District.  Note that pigs, goats and game are subject to special considerations under the Livestock Act and/or the Wildlife Act. More information on those animals can be found in this section: Wildlife Act & Livestock Act (Pigs, Goats and Game). In a Livestock District, if livestock including horses (other than stallions over one year old), cattle, goats and sheep - stray onto another person’s unenclosed private land, they may not be captured by the landowner.

• In a Livestock District, landowners wishing to protect their property from stray animals should enclose their land (e.g. fence out livestock)
• If livestock stray onto enclosed land in a Livestock District, they may be subject to capture under the Livestock Act

Requirements for capturing and impounding animals

Section 8 of the Livestock Act describes who may capture animals. Persons authorized to capture animals include a Peace Officer or Keeper, and may include the landowner or livestock owner in certain circumstances. The Pound Districts Regulation specifies circumstances around capture and impoundment of livestock.

• Inside of a Pound District, a Keeper, the landowner, or other authorized person may capture livestock and, if they are not a Keeper, must deliver the livestock to a Keeper.  A Keeper impounding livestock must immediately try to notify the livestock owner that the livestock has been impounded
• Outside of a Pound District, a landowner may capture and impound animals that stray onto their private land, provided it is enclosed; under these circumstances they assume the responsibilities of a Keeper
• If someone other than a Keeper captures livestock, they assume the responsibilities of the Keeper
• Livestock owners may be liable for certain fees and costs, including those associated with delivering the livestock to the Keeper
• The regulation details responsibilities of keepers and owners of impounded livestock including timelines for communication, compensation for keepers, and the process for settling disputes

For the protection of wildlife, people, and property, pigs, goats and game are subject to special considerations under the Wildlife Act and Livestock Act.

• Regardless of whether land is within a Livestock District or Pound District, pigs or game that stray from their owner’s land may be captured by the landowner or authorized individuals under the Livestock Act.  These animals are also subject to containment requirements under other legislation
• Under the Wildlife Act, a pig not in captivity or otherwise under a person’s control is considered feral. Feral pigs are wildlife and property of the government. Thus, they may be (amongst other things) captured, hunted, or killed by others in accordance with the Wildlife Act
• Further, under the Wildlife Act, pigs, goats, and game that are likely to cause harm to people, property, wildlife or wildlife habitat may be destroyed by Wildlife Act officers. Such livestock owners may also face other penalties
• Under the Game Farm Regulation, owners who fail to contain their game risk having their animals destroyed

Under the Motor Vehicle Act, almost all roads for vehicles which are intended for public use are defined as a highway; this includes major transportation routes, commonly known as highways, and smaller roads which may simply be called ‘public roads.’ In most cases, the highway includes not only the road surface itself but the entire right-of-way.

Livestock on highways

Livestock are specifically restricted on larger highways—which includes highways listed under Schedule 1 and Schedule 2 of the Motor Vehicle Act Regulations—to prevent dangerous collisions. The Livestock Act allows for the capture of livestock on any Schedule 1 or Schedule 2 Highways.  Livestock owners should not assume that they may allow their livestock to roam freely on a road simply because a highway is not listed in Schedule 1 or 2 of the Motor Vehicle Act Regulations.

 Unless their owner has a permit, livestock are prohibited on Schedule 1 highways, except to cross at intersections. Livestock are only permitted on Schedule 2 Highways to cross from one place on a farm to another place on the same farm; however, this Schedule 2 Highway prohibition does not apply to animals being ridden, led, or driven in a harness.

Permits for livestock on these Schedule 1 and Schedule 2 highways are rare and are generally only valid for a short duration when given.

• Please see the Motor Vehicle Act Regulations for more information related to livestock and producers’ responsibilities

Fences and highways

Livestock owners wishing to construct a fence or cattleguard adjacent to or on public roads should either (a) ensure that their works are not within the highway right-of-way or (b) apply for a Highway Use Permit under Section 62 of the Transportation Act.

• Under Section 62 of the Transportation Act, individuals must receive authorization to construct fences or cattleguards on public roads
• Applications can be submitted to the Ministry of Transportation and Transit district office where the proposed development would be constructed

The Ministry of Transportation and Transit may fund the construction of fences along major transportation routes through the BC Highways Fencing Program, administered by the BC Cattlemen’s Association.

• View more information on the BC Highways Fencing Program 

Crown land, including Crown range, in a Livestock District is sometimes mistakenly thought to be ‘open range’ where animals can graze without authorization. However, livestock owners must have legal authority to graze Crown land. The Land Act provides for grazing on Crown land through Grazing Leases.  

• View more information about Grazing Leases

Crown grazing land which is not under lease is called “Crown range”. To graze Crown range, livestock owners must have a Range Act agreement (a Grazing Licence or Permit). Grazing Licences, Permits, and Leases are administered by the Ministry of Forests.

Unauthorized activities

The Forest and Range Practices Act (FRPA) details how range activities authorized under the Range Act are conducted on Crown range. FRPA addresses unauthorized activities on Crown range which has implications for both Range Act agreement holders and non-agreement holders.

Livestock owners grazing Crown land without an authorization may face penalties ranging from fines to animal seizure. Despite having an authorization, Range Act agreement holders and Grazing Lease holders are subject to the same penalties if they are grazing land which is outside their authorized area.  Additionally, they risk losing all rights to graze Crown land.

Fencing and containment

Grazing authorization holders must follow measures intended to ensure there is adequate forage for their animals within their authorized area. Range Act agreement holders are required to follow an approved Range Use Plan, which indicates periods of use. Grazing lease holders have similar schedules for use included in their management plans.

Under FRPA, you must have authorization to construct, alter or damage a range development (such as a structure or trail for livestock). Crown range fences are a type of range development.

Fences related to a Grazing Licence or Permit must be maintained by the Range Act agreement holder. Grazing Lease holders may have requirements for fence construction and maintenance within their lease agreement areas outlined within their management plan.

The BC Farm Industry Review Board (BCFIRB) is an independent administrative tribunal that operates at arm's length from government. It is authorized to hear complaints under the Farm Practices Protection (Right to Farm) Act related to disturbances from farming operations, which may include complaints related to livestock containment.  Farmers are protected from liability in nuisance claims under the Act, but only when engaged in normal farming practices.

If a person is experiencing a disturbance from a farming activity, they may submit a Notice of Complaint to the BCFIRB. The board may first try to resolve the complaints through a settlement, however if a settlement is not achieved, or is unlikely, the BCFIRB must hold a hearing.  At the conclusion of the hearing, the BCFIRB must either (a) dismiss the complaint, if it results from a normal farm practice or (b) order the farmer to cease the practice or modify the practice to be consistent with normal farm practice.

• View more information on farm practices and filing a complaint