Summary: This set of laws comprises the Prince Edward Island (PEI) Animal Health and Protection Act. The object of the Act is to promote animal health and to eradicate, prevent or control the spread of disease among animals in the province.The Act gives broad authority to inspectors in ascertaining the presence of disease. Section 8 also includes the anti-cruelty provisions of the Act.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to March 2, 2013. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the Queen’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts. If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4291 Email: legislation@gov.pe.ca
CHAPTER A-11.1
ANIMAL HEALTH AND PROTECTION ACT
PART I
INTERPRETATION AND ADMINISTRATION
1. In this Act Definitions
(a) “animal” means animal
(i) any livestock,
(ii) any other animal, including any wild animal, of a prescribed
type or class, and
includes, where the regulations so provide, the embryos, eggs and
sperm of any animal referred to in subclause (i) and (ii);
(a.1) “appeals officer” means the veterinarian appointed as the appeals officer
appeals officer by the Minister under subsection 13(1);
(a.2) “biosecurity measures” means actions taken to control the biosecurity
measures
spread of a disease or a disease-causing agent;
(b) “disease” means any condition that adversely affects the health disease
of an animal;
(b.1) “information” includes personal information; information
(c) “inspector” means an inspector appointed under section 2 and inspector
includes the provincial veterinarian;
(d) “livestock” means livestock
(i) horses,
(ii) cattle,
(iii) sheep,
(iv) swine,
(v) goats,
(vi) poultry,
(vii) fox,
(viii) mink,
(ix) chinchilla kept for agricultural purposes, and
(x) rabbits kept for agricultural purposes;
(e) repealed by 2012,c.3,s.1; owner
(f) “Minister” means the Minister of Agriculture and Forestry; Minister
(f.1) “named disease” means a disease designated as such by the named disease
regulations, or by the Minister pursuant to section 3.1;
1
2 Cap. A-11.1 Animal Health and Protection Act (f.2) “owner” includes, owner (i) in relation to an animal, a person who has custody or care and control or is responsible for the care and control of the animal, (ii) in relation to premises, a person who operates or occupies the premises, and (iii) in relation to a vehicle, a person who operates the vehicle; (f.3) “personal information” means personal information within the personal information meaning of the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01; (g) “poultry” means domestic fowl, ratites and pigeons, and includes poultry any bird that is kept for agricultural purposes. (g.1) “premises” means land and any buildings, structures, facilities premises or waters thereon and any part or parts of any of them; (g.2) “provincial veterinarian” means the provincial veterinarian provincial veterinarian appointed under section 2; (g.2.1) “Registrar” means the Registrar appointed under subsection Registrar 3.4(2); (g.3) “restricted area” means an area of the province that is declared restricted area to be a restricted area under section 3.3; (g.4) “vehicle” means any motor vehicle, aircraft, vessel or other vehicle conveyance used to transport an animal or any thing related to animals that is prescribed; (h) “veterinarian” means an individual who holds a valid license to veterinarian practise clinical veterinary medicine under the Veterinary Profession Act R.S.P.E.I. 1988, Cap. V-3. 1988,c.11,s.1; 1993,c.29,s.4; 1997,c.20,s.3; 2001,c.4,s.19; 2004,c.36,s.3; 2004,c.1,s.1; 2009,c.73,s.2; 2012,c.3,s.1. Administration 2. (1) The Minister shall appoint a person who is a veterinarian to be the Provincial veterinarian provincial veterinarian. (2) The provincial veterinarian shall perform the functions of the Functions provincial veterinarian under this Act and the regulations and such other functions as may be assigned by the Minister. (2.1) The provincial veterinarian is an inspector by virtue of his or her Inspector by virtue of office office. (3) The Minister may appoint such inspectors and other officers as are Inspectors and staff necessary for the administration of this Act or any Part of it. 2
Animal Health and Protection Act Cap. A-11.1 3 (3.1) An inspector may issue tickets under the Summary Proceedings Tickets Act R.S.P.E.I. 1988, Cap. S-9 in respect of a contravention of this Act or the regulations. (4) The Minister may engage upon such terms and conditions as he Professional expertise thinks fit the services of such professional or technical persons and experts to advise him on such matters as he thinks necessary for the efficient administration of this Act and the regulations. 1988,c.11,s.2; 1999,c.1,s.1; 2012,c.3,s.3. Collection, Use and Disclosure of Information 2.1 (1) The Minister may, directly or indirectly, collect information Collection, use and disclosure of from any source for purposes related to the administration of this Act or information the regulations or for such other purposes as may be prescribed and may use or disclose the information for those purposes or consistent purposes, including (a) protecting animal health or human health, or both; (b) detecting the presence or prevalence of a named disease; (c) assisting with ongoing health, safety and biosecurity measures to minimize the risk of a named disease spreading or persisting; (d) controlling, suppressing or mitigating a named disease; (e) enhancing emergency preparedness in the case of an outbreak of a named disease or a notifiable disease or reportable disease under the Health of Animals Act (Canada); (f) monitoring the health of animals; (g) conducting animal health research, developing policy with respect to animal health or designing or implementing programs in respect of animal health; (h) eliminating animal disease barriers for domestic and export market access; (i) analyzing the geographical distribution of a disease; (j) analyzing the epidemiology of disease outbreaks; (k) conducting assessments and models to predict disease risk; (l) notifying the public of a potential or present threat to public health; (m) establishing and operating a provincial traceability system under section 3.4; (n) identifying premises of a prescribed class; (o) identifying and tracing the movement from premises to premises of an animal of a prescribed class or any thing related to animals that is prescribed; or (p) any other prescribed purpose. 3
4 Cap. A-11.1 Animal Health and Protection Act (2) The collection, use and disclosure of personal information under Subject to requirements or subsection (1) is subject to any requirements or restrictions that may be restrictions prescribed. (3) Any information collected by, used by, disclosed to or disclosed Deemed collection, use and disclosure by an inspector, the provincial veterinarian, the Registrar or any other by Minister person involved in the administration of this Act or the regulations, under this Act or the regulations, is deemed to have been collected by, used by, disclosed to, or disclosed by the Minister. 2012,c.3,s.4. 2.2 (1) The Minister may enter into an agreement with any person or Agreement entity with respect to the collection, use or disclosure of information referred to in subsection 2.1(1) for a purpose described in subsection 2.1(1). (2) Where the Minister enters into an agreement under subsection (1) Disclosure of personal with respect to the disclosure of information, the Minister may disclose information under personal information to a person or entity that is a party to the agreement agreement if (a) the disclosure is made pursuant to and in accordance with the agreement; and (b) the person or entity that receives the personal information agrees to use it only for the purpose for which the personal information was disclosed. (3) Where the Minister discloses personal information to a person or Disclosure by party to agreement entity who is a party to an agreement in accordance with subsection (2), the person or entity shall not disclose the personal information to a third party except in accordance with the agreement. 2012,c.3,s.4. Regulations 2.3 The Lieutenant Governor in Council may make regulations Regulations (a) prescribing animals for the purposes of clause 1(a); (b) providing for the inclusion of the embryos, eggs or sperm of an animal in the definition of “animal”; (c) designating a disease as a named disease; (d) respecting the functions of the provincial veterinarian, the Registrar, an inspector or any other officer appointed under this Act; (e) prescribing purposes for which the Minister may collect, use or disclose information under subsection 2.1(1); (f) prescribing requirements or restrictions on the collection, use or disclosure of personal information under subsection 2.1(2); and (g) defining any word or phrase used in this Act that is not defined. 2012,c.3,s.4. 4
Animal Health and Protection Act Cap. A-11.1 5 PART II ANIMAL HEALTH Control of Named Diseases 3. The objects of this Part are Object (a) to promote and protect animal health; (b) to prevent the development of diseases in animals; (c) to minimize the adverse effects of diseases on animals; and (d) to prevent or control the spread of diseases among animals or from animals to humans. 1988,c.11,s.3; 2012,c.3,s.6. 3.1 (1) The Minister may by order designate any disease of an animal as Named diseases a named disease if the Minister is satisfied that the disease requires extraordinary means for control. (2) An order made by the Minister under subsection (1) ceases to have Term of order effect six months after the day it is made unless sooner revoked by the Minister. (3) Where the Minister designates a disease as a named disease Notice pursuant to subsection (1), the Minister shall cause a notice of the designation specifying the named disease to be published as soon as is reasonably possible in the Gazette. 2004,c.1,s.2. 3.11 Where Duty to report (a) the owner of an animal knows or ought to know that the animal is or may be infected with a named disease; or (b) a veterinarian, other than the provincial veterinarian, knows or ought to know that an animal is or may be infected with a named disease, the owner or veterinarian shall immediately report that the animal is or may be infected with a named disease to the Minister or the provincial veterinarian, in the manner prescribed. 2012,c.3,s.7. 3.2 (1) An inspector may, for the purpose of ascertaining the existence Inspectors, entry and search powers of any named disease, (a) enter, without a warrant, and search any premises, other than a dwelling place, where animals are present or where the inspector believes on reasonable grounds that animals are present; (b) stop and search any vehicle that contains animals or that the inspector believes on reasonable grounds contains animals; (c) inspect and take samples (i) from any animal that is infected with, or that the inspector believes on reasonable grounds is infected with, a named disease, and 5
6 Cap. A-11.1 Animal Health and Protection Act (ii) of any thing derived from an animal referred to in subclause (i) or any thing such animal may have come in contact with that is at or in the premises where the animal is present or on or in the conveyance where the animal is contained. (1.1) For the purposes of clause (1)(b), an inspector may require the Stopping a vehicle operator of a vehicle to stop the vehicle and the operator of a vehicle shall, when required to do so by an inspector, (a) stop the vehicle and, subject to clause (b), remain stopped until permitted to proceed by the inspector; and (b) at the direction of the inspector, move the vehicle to the nearest point where an inspection may be conducted. (2) An inspector may, for the purposes of diagnosing, treating and Orders controlling a named disease, by order in writing, (a) require the owner of an animal, at the owner’s expense, to (i) treat the animal, in such manner and within such period of time as the inspector considers appropriate, (ii) retain the animal at such location and for such period of time as the inspector considers appropriate, (iii) destroy and dispose of the animal, or hay, straw, fodder or other items that may have come in contact with the animal, in such manner, at such place and within such period of time as the inspector considers appropriate, (iv) move the animal to such location and in such manner as the inspector considers appropriate, (v) clean and disinfect such premises and vehicles and in such manner as the inspector considers appropriate, (vi) produce for inspection all books, records or other documents relating to the animal in the possession of the owner; and (b) prohibit the owner of the animal from selling or otherwise disposing of the animal, if the animal is infected with a named disease or the inspector believes on reasonable grounds that the animal is infected with a named disease. (3) Every written order made under subsection (2) shall be served on Service the owner of the animal either by personally serving the owner, by posting it in a prominent place at the premises of the owner, or by registered mail addressed to the owner at his or her last known address. (4) Any written order served on an owner of an animal under Idem subsection (3) shall be deemed to have been served on the owner on (a) the day it is that is served personally on the owner; (b) the day it is posted in a prominent place on the premises of the owner; or 6
Animal Health and Protection Act Cap. A-11.1 7 (c) the day that is five days after the day the notice was sent by registered mail, unless the contrary is proven. (5) Every owner who is served with an order made under subsection Compliance (2) shall comply with the order in accordance with its terms. (6) Where an order made under subsection (2) remains in force, an Inspection to ensure compliance inspector may, for the purpose of determining compliance with the order, enter without a warrant any premises, other than a dwelling place, or any vehicle where the animal is located and inspect and take samples from the animal. (7) An inspector may request the assistance of, and may be assisted Peace officer by, a peace officer in the performance of the inspector’s duties and the exercise of the inspector’s powers under this section. 2004,c.1,s.2; 2012,c.3,s.8. 3.3 (1) Where the provincial veterinarian is satisfied that the presence Order declaring an area to be restricted of a named disease in animals in an area of the province requires an extraordinary means for control, the provincial veterinarian may issue a written order that declares the area to be a restricted area for the purpose of this Act during the term of the order. (2) An order made under subsection (1) shall Contents (a) set out the geographical limits of the restricted area; (b) indicate the named disease that is present and that requires the declaration of a restricted area; (c) indicate the class or types of animals that the order applies to; and (d) explain the restrictions set out in subsection (4) that apply in respect of those animals during the term of the order. (3) Where an order is made under subsection (1), the provincial Publication veterinarian shall cause a copy of the order to be published in the Gazette as soon as possible. (4) Where an order declaring an area to be a restricted area is made Compliance under subsection (1) in respect of a class or type of animal, no person shall transport any animal of a class or type to which the order applies, or cause it to be transported, into or out of the restricted area unless the animal (a) is accompanied by a certificate of health signed by a licensed veterinarian in the province of origin of the animal certifying that the animal is free from the named disease referred to in the order; and (b) the animal is free from the named disease referred to in the order. 2004,c.1,s.2. 7
8 Cap. A-11.1 Animal Health and Protection Act Provincial Traceability System 3.4 (1) The Minister may establish and oversee the operation of a Traceability System provincial traceability system for the purposes of identifying premises or animals of a prescribed class and tracing the movement of animals of a prescribed class or any things related to animals that are prescribed. (2) The Minister may appoint a Registrar to administer the provincial Registrar traceability system, who shall perform the functions of the Registrar under this Act and the regulations and such other functions as may be assigned by the Minister. (3) The owner of or a person or entity that has information respecting Duty to take action and report premises, a vehicle or an animal of a prescribed class or any thing related information to animals that is prescribed, may be required by the regulations to (a) take specified actions to support the establishment and effective operation of a provincial traceability system; and (b) report to the Registrar specified information in the form and at the times specified. 2012,c.3,s.9. 3.5 (1) An inspector may, for the purpose of implementing and Powers of inspector maintaining a provincial traceability system, (a) enter, without a warrant, and search any premises, other than a dwelling place, where the inspector believes on reasonable grounds that an animal of a prescribed class or any thing related to animals that is prescribed is present, for the purposes of identification; (b) collect information from the owner of or a person or entity that has information respecting premises, a vehicle or an animal of a prescribed class or any thing related to animals that is prescribed that the owner, person or entity is required to provide to the Registrar under the regulations; (c) open and enter a vehicle, if the inspector believes on reasonable grounds that an animal of a prescribed class or any thing related to animals that is prescribed is in or on the vehicle, for the purposes of identification; (d) apply a symbol, tag or other identification mark or device to premises, a vehicle or an animal of a prescribed class, or any thing related to animals that is prescribed, for the purposes of subsequent identification; (e) take photographs or make videos, notes or other recordings of any thing at or in premises or on or in a vehicle subject to inspection that the inspector considers to be of assistance in the inspection; (f) require the production for examination of any books, records or other documents 8
Animal Health and Protection Act Cap. A-11.1 9 (i) relating to the identification of or documenting the movement from one location to another of an animal of a prescribed class or any thing related to animals that is prescribed, or (ii) relating to the identification of premises or a vehicle of a prescribed class; (g) require the owner of premises or a vehicle subject to inspection and any person found at or in the premises or on or in the vehicle to provide assistance to the inspector in carrying out his or her duties or functions; or (h) require the owner of premises, a vehicle or an animal of a prescribed class, or any thing related to animals that is prescribed, to answer questions relating to a provincial traceability system put to the owner by the inspector. (2) An inspector may make an order in writing requiring an owner or Order a person or entity referred to in subsection (1) to provide to the inspector information or books, records or other documents in accordance with subsection (1), and subsections 3.2(3) to (5) apply in relation to that order. (3) An inspector may request the assistance of and may be assisted by Assistance of peace officer a peace officer in the performance of the duties and exercise of the powers of the inspector under this section. 2012,c.3,s.9. 4. (1) The Lieutenant Governor in Council may make regulations Regulations (a) generally for the purpose of eradicating, preventing or controlling the spread of disease among animals in the province; (b) providing that no person may have in his possession an animal infected with a named disease; (c) providing that no animal may be admitted into the province without a certificate, issued by such person or agency as may be designated by regulation, as to the freedom of such animal from a named disease; (d) providing the terms and conditions upon which any person may have in his possession at any time an animal that the Minister thinks likely to convey a named disease to any other animal or to a person; (e) providing for the treatment and method of treatment to be given to any animal or premises to eradicate, control or prevent the spread of a named disease and requiring that the treatment be given by the owner or by a person appointed for the purpose; (f) providing for the treatment, prior to sale or disposal, of an animal infected or suspected of being infected with a named disease; (g) prohibiting of the sale of any animal infected with a named disease; 9
10 Cap. A-11.1 Animal Health and Protection Act (h) respecting the manner in which the owner of an animal or a veterinarian shall report to the Minister or the provincial veterinarian that the animal is or may be infected with a named disease; (i) respecting restricted areas; (j) repealed by 2004,c.1,s.3; (k) repealed by 2004,c.1,s.3; (k.1) prescribing criteria for disease-free zones and designating disease-free zones for animals or particular classes of animals; (k.2) controlling or prohibiting the movement of specified animals or classes of livestock into a disease-free zone and the rearing of such animals or livestock within that zone; (l) providing for the segregation or destruction and disposal of an animal infected with a named disease; (m) repealed by 2004,c.1,s.3; (n) providing for payment by the owner of an animal of the expense of any treatment required by the regulations; (o) establishing and governing a provincial traceability system; (p) prescribing the classes of premises, vehicles or animals, or the things related to animals that are subject to the provincial traceability system; (q) respecting the identification of premises or vehicles of prescribed classes; (r) respecting the identification of and tracing the movement of animals of a prescribed class and any things related to animals that are prescribed; (s) requiring the owner of premises, a vehicle or an animal of a prescribed class, or any thing related to animals that is prescribed, to (i) obtain from the Registrar an identification number, mark, symbol, sign, tag or device for the premises, vehicle, animal, or thing related to animals, (ii) apply an identification number, mark, symbol, sign, tag or device to the premises, vehicle, animal, or thing related to animals, (iii) track the movement from one location to another of the animal or thing related to animals, (iv) keep records, in the form required by the Registrar, of specified information for a specified period of time, (v) report to the Registrar, in the form required by the Registrar, specified information at specified times, or (vi) take any other action necessary to facilitate the establishment or operation of a provincial traceability system; (t) prescribing the records to be kept by an owner under subclause (s)(iv) and the period of time the records are to be kept; 10
Animal Health and Protection Act Cap. A-11.1 11 (u) prescribing the information to be reported to the Registrar by an owner under subclause (s)(v) and when the information is to be reported; (v) requiring prescribed persons or entities that collect prescribed information respecting (i) premises, vehicles or animals of a prescribed class, or any things related to animals that are prescribed, or (ii) the owners of any animals, places or things referred to in clause (i), to report that information to the Registrar, in the form required by the Registrar, at specified times; (w) prescribing the persons or entities that are required to report information to the Registrar under clause (v); (x) prescribing the information to be reported under clause (v) and when the information is to be reported; (y) requiring the Registrar to establish and record information in one or more identification rolls; (z) respecting the information that the Registrar shall collect and record in an identification roll; (aa) respecting the removal of information from an identification roll; (bb) respecting the assignment of an identification number, mark or symbol to premises, a vehicle or an animal of a prescribed class or any other thing related to animals that is prescribed; and (cc) prescribing anything that is required or permitted to be prescribed, referred to as being prescribed or in the regulations or that is required, permitted or referred to as being done in the regulations, in accordance with the regulations or by the regulations. 1988,c.11,s.4; 1997,c.4,s.1; 2004,c.1,s.3; 2012,c.3,s.10. 5. Repealed by 2004,c.1,s.4. Offence and penalty 6. Repealed by 2004,c.1,s.5. Payment for veterinary services 7. Repealed by 2004,c.1,s.5. Regulations PART IV ANIMAL PROTECTION 8. (1) For the purposes of this Part an animal is deemed to be in a state Animal in distress of distress if it (a) is in need of food, water, care or treatment; (b) is sick, in pain or suffering or has been injured; or (c) is abused or subjected to cruelty or neglect. 11
12 Cap. A-11.1 Animal Health and Protection Act (2) For the purposes of this Part an animal is deemed not to be in a Animal not in distress state of distress if any deprivation, pain, suffering, injury, abuse, neglect or other distress the animal experiences result from an activity that (a) is carried on in a manner consistent with generally accepted practices of animal management, husbandry or slaughter; or (b) is exempted by the regulations from the application of this Part. 1988,c.11,s.8; 2004,c.1,s.6. 8.1 (1) No person shall cause an animal unnecessary pain, suffering or Causing unnecessary pain, injury. suffering or injury (2) No owner of an animal shall cause or permit the animal to be, or Causing or permitting distress continue to be, in distress. (3) For the purposes of subsection (2), the owner of an animal does Idem not permit the animal to be in distress where the owner, on becoming aware of the distress, immediately takes reasonable steps to relieve the distress of the animal. 2004,c.1,s.7. 9. (1) For the purposes of enforcement of this or any other enactment Inspectors have powers of peace pertaining to the welfare of or the prevention of cruelty to animals, every officers inspector may exercise any powers of a peace officer; (2) Subject to the terms of any agreement respecting the policing of the Assistance by peace officers province, every peace officer shall assist an inspector in the enforcement of this or any other enactment relating to the prevention of cruelty to animals. 1988,c.11,s.9. 10. Repealed by 2004,c.1,s.8. Offence 11. (1) Subject to subsections (2) and (3), where an inspector believes Entry and inspection on reasonable grounds that an animal is in distress in any premises or vehicle, the inspector may, without a warrant and to determine whether an animal therein is in distress, (a) enter the premises or vehicle at any time either alone or accompanied by a veterinarian; and (b) inspect the place or vehicle and any animal found therein. (2) An inspector may not enter any premises that is a dwelling place Dwelling places without the consent of the owner of the dwelling place, or a person in charge of it, except under the authority of a warrant issued under subsection (3). (3) A justice who is satisfied by information on oath that there are Warrant reasonable and probable grounds to believe that there is an animal in distress in a dwelling place may issue a warrant authorizing the inspector named therein, together with a veterinarian and such peace officers as are 12
Animal Health and Protection Act Cap. A-11.1 13 required to assist, to enter and inspect that dwelling place and inspect any animal found therein, subject to such conditions as may be specified in the warrant. (4) An inspector shall use no more force that is reasonably required to Use of force enter and inspect a place or vehicle under this section. (5) A veterinarian who has, under this section, entered any place or Inspection by veterinarian vehicle with an inspector, may inspect any animal found therein for the purposes of determining whether the animal is in distress. (6) Where an inspector has entered any place or vehicle and finds that Relief of distress an animal is in distress, the inspector may, in addition to any other action he or she is authorized to take under this Act and the regulations, supply the animal with food, water or any immediate or emergency care that may be necessary to alleviate the distress. 1988,c.11,s.11; 2004,c.1,s.9. 12. (1) Where an inspector has reasonable grounds to believe that an Order to owner animal is in distress and the owner of the animal is present or may be found promptly, the inspector may order the owner to (a) take such action as may, in the opinion of the inspector, be necessary to relieve the animal of its distress; or (b) have the animal examined and, if necessary in the opinion of the inspector, treated by a veterinarian at the expense of the owner. (2) Every order under subsection (1) shall be in writing. Writing (3) Every order under subsection (1) shall be served upon the owner Service personally or by registered mail addressed to the owner at his latest known address. (4) Where an inspector makes an order under subsection (1), he shall Time for compliance specify in the order the time within which any action required by the order shall be performed. (5) Every person who is served with an order under subsection (3) Compliance shall comply with the order in accordance with its terms. (6) Where an order made under subsection (1) remains in force, an Inspection to ensure compliance inspector may, for the purpose of determining whether the order has been complied with, enter without a warrant any premises or vehicle where the animal is located and inspect the animal and that premises or vehicle where the animal is kept. (7) Repealed by 2004,c.1,s.10. 1988,c.11,s.12; 2004,c.1,s.10. Appeal 13. (1) The Minister shall appoint a veterinarian to serve as the appeals Appeals officer officer. 13
14 Cap. A-11.1 Animal Health and Protection Act (2) The appeals officer shall hear and determine appeals made under Duties section 13.1. 13.1 (1) An owner of a animal who is aggrieved by an order made When owner may appeal under section 12 may appeal the order to the appeals officer within seven days after the service on the owner of the order. (2) The appeal shall be Appeal in writing (a) made in writing and in a form approved by the appeals officer; (b) filed with the provincial veterinarian within the time period specified in subsection (1); and (c) forwarded to the appeals officer after filing with the provincial veterinarian. (3) The appeals officer shall review the order that is the subject of an Review appeal within five days of the receipt of the appeal by the provincial veterinarian. (4) An order that is the subject of an appeal remains in force pending Order continues in force the determination of the appeal, unless the appeals officer determines otherwise. (5) The appeals officer, on reviewing an appeal, may confirm, vary or Decision rescind the order appealed. (6) The appeals officer shall provide notice of his or her decision to Notice (a) the owner who made the appeal; and (b) the inspector who made the order that is the subject of the appeal. 1988,c.11,s.13; 2004,c.1,s.11. 14. (1) An inspector may remove an animal from the premises or vehicle Removal of animal where it is and take possession thereof for the purpose of providing it with food, water, care or treatment of its distress where (a) a veterinarian has examined the animal and has advised the inspector that the health and well-being of the animal necessitates its removal; (b) the inspector has inspected the animal and has reasonable grounds for believing that the animal is in distress and the owner of the animal is not present and cannot be found promptly; or (c) an order respecting the animal has been made under section 12 and the order has not been complied with. (2) An inspector may destroy an animal Destruction of animal (a) with the consent of the owner; (b) where a veterinarian has examined the animal and has advised the inspector that the animal is ill or injured and, in his opinion, is 14
Animal Health and Protection Act Cap. A-11.1 15 incapable of being so cured or healed as to live thereafter without suffering; or (c) notwithstanding clauses (a) and (b), where (i) the owner cannot be promptly found, or a veterinarian is not able to provide his opinion within a reasonable time, and (ii) the animal's injury or illness is of such seriousness as to cause severe distress. (3) Where an inspector has removed or destroyed an animal under Notice subsection (1) or (2), he shall forthwith notify the owner of the animal, if known, of his action by notice in writing served upon the owner in the manner prescribed for service of an order under subsection 12(3). 1988,c.11,s.14; 2004,c.1,s.12. 15. (1) Where Statement of account (a) an inspector or veterinarian has, under subsection 11(6), provided an animal with food, water, care or treatment to relieve its distress; or (b) an inspector has, under section 14, removed and taken possession of an animal, or destroyed it, an inspector may serve on the owner of the animal a statement of account respecting the costs incurred for such relief, removal or destruction by mailing the statement by registered mail to the owner at his or her latest known address. (1.1) The owner of an animal is liable to pay the costs set out in a Owner liable statement of account after the service of the statement. (1.2) A statement of account is deemed to be served 5 business days Deemed service after the day on which is was served in accordance with subsection (1). (2) Where the owner refuses to pay an account for which he is liable Sale under subsection (1.1) within ten days after service of the statement of account or where the owner after reasonable inquiry, cannot be found, the inspector may sell the animal and be reimbursed out of the proceeds, holding the balance in trust for the owner or other person entitled thereto or otherwise dispose of the animal. (3) Any balance remaining unclaimed after sixty days from the date of Unclaimed balance sale of the animal shall revert to the province. 1988,c.11,s.15; 2004,c.1,s.13. 16. The Lieutenant Governor in Council may make regulations Regulations (a) prescribing the qualifications of persons to be appointed inspectors for the purposes of this Act; (b) respecting the manner of taking an animal into custody; 15
16 Cap. A-11.1 Animal Health and Protection Act (c) prescribing a tariff of expenses which may be charged to the owner of an animal taken into custody under this Act for transportation, food, care, shelter and medical treatment of the animal; (d) prescribing, with respect to animals kept for sale, hire or exhibition, (i) standards of design, construction and maintenance of the facilities in which the animals are kept, and (ii) the standard of care with which the animals shall be maintained; (e) respecting the use of animals for the purposes of medical or scientific research; (f) prescribing procedures for an appeal; (g) designating animals or classes thereof to which this Part is not applicable, either in whole or in part; (h) restricting the application of provisions to certain class or classes of animals; (h.1) exempting types or classes of activities concerning animals from the application of Part IV; (i) regarding the payment of expenses incurred in connection with animal protection in addition to the provisions of section 15; (j) generally for the better administration of animal protection. 1988,c.11,s.16; 2004,c.1,s.14. PART V GENERAL 17. No action lies against the Minister, an inspector, the provincial Liability veterinarian, the Registrar, a veterinarian or any person acting under this Act as an agent of the Minister for anything done or not done, in good faith, under this Act or regulations. 1988,c.11,s.17; 2012,c.3,s.11. 18. No person shall Obstructing inspector (a) obstruct or hinder or fail to assist as requested by; or (b) give false information to or fail to provide information as and when requested by, an inspector, the provincial veterinarian or the Registrar in the performance of his or her duties or the exercise of his or her powers under this Act or the regulations. 1988,c.11,s.18; 2004,c.1,s.15; 2012,c.3,s.12. 19. (1) Every person who contravenes a provision of this Act or the Offence regulations is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $15,000. 16
Animal Health and Protection Act Cap. A-11.1 17 (2) Where a contravention of a provision of this Act or the regulations Continuing offence continues for more than one day, the person committing the contravention is guilty of a separate offence for each day that the contravention continues. 2004,c.1,s.15; 2012,c.3,s.13. 20. In addition to imposing the penalties prescribed by section 19, a Order prohibiting ownership of judge, on convicting a defendant of contravening a provision under Part animal IV of the Act, may make an order prohibiting the defendant from owning or having the custody or control of an animal during any period that the court considers appropriate, including for the lifetime of the defendant. 2004,c.1,s.15; 2012,c.3,s.14.