Summary: This set of laws comprises the Prince Edward Island (PEI) Companion Animal Protection Act. The object of this Act is to protect companion animals from abuse and neglect and to license and regulate the activities of companion animal establishments. Under the Act, no person shall wilfully cause a companion animal unnecessary pain, suffering or injury or permit it to be in distress. Any companion animal that is at large and or appears to be in distress may be caught and taken possession of by a person who is not the owner of the companion animal. Every person who fails to comply with this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $5,000.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 30, 2012. 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 C-14.1
COMPANION ANIMAL PROTECTION ACT
PART I
INTERPRETATION AND APPLICATION
1. (1) In this Act Definitions
(a) “animal” means a non-human vertebrate; animal
(b) “appeals officer” means the veterinarian appointed as the appeals appeals officer
officer by the Minister under subsection 9.2(1);
(c) “at large” means not under control; at large
(d) “companion animal” means an animal that is not an excluded companion animal
animal;
(e) “companion animal establishment” means an establishment, companion animal
establishment
other than an excluded establishment, where companion animals are
kept for boarding, training, sale or display on a regular basis and for
fee or reward, and includes a circus, an establishment operated by
the Society, a pet store, and a zoo;
(f) “Director” means the Director of Licensing appointed under Director
section 10;
(g) “excluded animals” means excluded animals
(i) livestock and poultry as defined in the Animal Health and
Protection Act R.S.P.E.I. 1988, Cap. A-11.1,
(ii) animals that are wildlife as defined in the Wildlife
Conservation Act R.S.P.E.I. 1988, Cap. W-4.1, and
(iii) animals of a species, type or category prescribed by the
regulations;
(h) “excluded establishment” means an establishment excluded
establishment
(i) that operates solely as a kennel as defined in the Dog Act
R.S.P.E.I. 1988, Cap. D-13,
(ii) that operates solely as a veterinary clinic licensed by the
Prince Edward Island Veterinary Medical Association, or
(iii) that is specifically, or that is of a type, excluded by the
regulations;
(i) “Society” means the Prince Edward Island Humane Society; Society
1
2 Cap. C-14.1 Companion Animal Protection Act (j) “inspector” means an inspector appointed under subsection 5(1) inspector and includes a conservation officer appointed under the Wildlife Conservation Act R.S.P.E.I. 1988, Cap. W-4.1; license (k) “license” means a license to operate a companion animal establishment issued under subsection 10.2(4); (l) “licensee” means a person who holds a license; licensee (m) “Minister” means the Minister of Agriculture and Forestry; Minister (n) “officer” means an officer appointed under subsection 5(1); officer (o) “owner” means the owner of a companion animal, and includes owner (i) a person who has, with the consent of the owner, possession or charge of the companion animal, (ii) unless the contrary is indicated, a licensee or person in charge of a companion animal establishment at which the companion animal is kept or found, and (iii) a parent of a person under the age of 18 years who (A) owns a companion animal or who has possession or charge of a companion animal owned by the parent, and (B) resides with the parent, but does not include a person under the age of 18 referred to in subclause (iii); (p)“parent” means parent (i) a birth or adoptive parent who has custody or guardianship rights to a child, (ii) a person, who has stood in loco parentis to a child for a period of not less than one year and who has a continuing relationship with the child, (iii) a legal guardian of a child, or (iv) a person responsible for the care of a child and with whom the child resides; (q) “private property” includes real or personal property; private property (r) “veterinarian” means a person licensed to practise clinical veterinarian veterinary medicine under the Veterinary Profession Act R.S.P.E.I. 1988, Cap. V-3. (2) For the purposes of this Act, a companion animal is in distress if it Animal in distress (a) is in need of food, water, care, shelter or treatment; (b) is sick, in pain or suffering or has been injured; or (c) is abused or subjected to cruelty or neglect. (3) Subject to subsection (4), for the purposes of this Act, an accepted Accepted activities activity includes the following activities: 2
Companion Animal Protection Act Cap. C-14.1 3 (a) research and teaching involving animals; (b) euthanasia of animals; (c) any other activity designated by the regulations as an accepted activity. (4) An activity is an accepted activity under subsection (3) only if it is Standards for accepted activities carried out in a manner that is consistent with the regulations. (5) This Act and the regulations do not apply to any municipality Application to municipalities where the municipality has enacted and is enforcing bylaws that substantially conform to or exceed the standards and procedures established by this Act or the regulations. (6) Where there is a conflict between a provision of this Act and Conflict with Dog Act provision of the Dog Act, the Dog Act shall prevail to the extent of the conflict. 2001,c.4,s.1; 2004,c.36,s.3; 2009,c.73,s.2; 2012,c.9,s.1. 2. The object of this Act is to protect companion animals from abuse and Object neglect and to license and regulate the activities of companion animal establishments. 2001,c.4,s.2. PART II PROTECTION OF COMPANION ANIMALS Restrictions Respecting Injury and Distress 3. (1) No person shall wilfully cause a companion animal unnecessary Causing unnecessary pain, pain, suffering or injury. suffering or injury (2) No owner of a companion animal shall cause or permit the Causing or permitting distress companion animal to be, or to continue to be, in distress. (3) Subsections (1) and (2) do not apply where the pain, suffering, Exception regarding accepted activities injury or distress are the result of any treatment, process or condition that occurs in the course of an accepted activity. 2001,c.4,s.3. Companion Animals at Large and in Distress 4. (1) Any companion animal Catching and holding animals at (a) that is at large, and large (b) that is, or appears to be, in distress, may be caught and taken possession of by a person who is not the owner of the companion animal. 3
4 Cap. C-14.1 Companion Animal Protection Act (2) Where a companion animal is caught and taken possession of under Notice to owner subsection (1), the captor shall, if the captor knows or can easily find the owner of the companion animal, notify the owner as soon as possible, (a) that the animal has been caught; (b) that the animal is or appears to be in distress; and (c) of the place where the animal is being held. (2.1) Where Notice to Society (a) the captor does not know or cannot easily find the owner of the companion animal; or (b) the owner is notified in accordance with subsection (2) but does not pick up the companion animal within 24 hours of receiving that notice, the captor shall notify the Society of the matters referred to in subsection (2), as soon as possible after catching the companion animal, in the circumstances referred to in clause (a), or after the expiry of the 24-hour period, in the circumstances referred to in clause (b). (3) A captor shall, as soon as possible, make reasonable arrangements Duty of reasonable care for the animal’s care until it is recovered by the owner or it is taken into the possession and charge of the Society. (4) When notified under subsection (2.1), the Society shall, as soon as Society to arrange shelter possible, take possession and charge of the companion animal and arrange for the companion animal (a) to be sheltered at its premises, a veterinary clinic or a companion animal establishment that accepts animals on behalf of the Society; and (b) to be given such care as the Society considers reasonable in the circumstances. (5) Where the Society takes possession and charge of a companion Notice animal under this section, the Society shall, as soon as possible, so inform an officer, and the officer shall, if the owner was not notified under subsection (2) of the animal’s capture and distress, take reasonable steps to locate the owner and to advise the owner that the companion animal is in the possession and charge of the Society and may be recovered, placed for adoption or given euthanasia, in accordance with section 9.1. 2001,c.4,s.4. Intervention by Inspectors and Officers 5. (1) The Minister may appoint such inspectors and officers as are Inspectors and officers necessary for the administration of this Act and the regulations. 4
Companion Animal Protection Act Cap. C-14.1 5 (2) Any member or employee of the Society who is nominated by the Persons eligible to Society, or a veterinarian, is eligible to be appointed as an officer under be officers subsection (1). Certificate of (3) The Minister shall provide an inspector or officer with a certificate appointment of appointment. (3.1) A conservation officer appointed under the Wildlife Conservation officers are Conservation Act is an inspector for the purposes of this Act by virtue of inspectors his or her office. (3.2) Notwithstanding subsection (3), the identification card issued to Identification card is certificate of a conservation officer under the authority of the Conservation Officer appointment Regulations under the Wildlife Conservation Act is deemed to be a certificate of appointment for the purposes of subsection (4). (4) An inspector or officer acting under the authority of this Act or the Production of certificate regulations shall, on request, produce his or her certificate of appointment. (5) The Minister may engage, on such terms and conditions as the Professional expertise Minister considers appropriate, the services of such professional or technical persons or experts, as the Minister considers appropriate, to advise the Minister on matters relating to the efficient administration and enforcement of this Act and the regulations. (6) At the direction of the Minister, a person who is not an employee Remuneration and expenses of the province and who assists in the administration and enforcement of this Act, as an officer or in any other capacity, may be paid such remuneration or reimbursed for such expenses as is permitted by the regulations. 2001,c.4,s.5; 2012,c.9,s.2. 5.1 An inspector may issue tickets under the Summary Proceedings Act Powers of Inspectors R.S.P.E.I. 1988, Cap. S-9 in respect of a contravention of this Act or the regulations. 2012,c.9,s.3. 6. (1) Subject to subsections (2) and (3), where an inspector or officer Entry and inspection without believes on reasonable and probable grounds that a companion animal is warrant in distress in any place, including a companion animal establishment, or in any vehicle, the inspector or officer may, without a warrant, (a) enter the place or vehicle either alone or accompanied by a veterinarian; and (b) inspect the place or vehicle and any companion animal found therein to determine whether the animal is in distress. 5
6 Cap. C-14.1 Companion Animal Protection Act (2) An inspector or officer may not enter any place that is a dwelling Warrant to enter place without the consent of the owner or person in charge except under dwelling place the authority of a warrant issued under subsection (4). (3) Before entering any place or vehicle under this section, an Consent to entry inspector or officer shall take reasonable steps to find the owner or person in charge and reasonably attempt to obtain his or her consent to the entry. (4) A justice who is satisfied by information on oath Authority to issue warrant (a) that there are reasonable and probable grounds to believe that there is a companion animal in distress in a dwelling place; and (b) that either (i) a reasonable but unsuccessful attempt to obtain consent to enter the dwelling place has been made, or (ii) there are reasonable and probable grounds for believing that consent to entry will not or can not be given, may issue a warrant authorizing the inspector or officer named therein, together with a veterinarian and such peace officers as are required to assist, to enter and inspect that dwelling place and any companion animal found therein, subject to such conditions as may be specified in the warrant. (5) An inspector or officer shall use no more force than is reasonably Use of force required to enter or inspect private property. (6) No person shall in any manner hinder or obstruct an inspector or Obstruction officer in the performance of the inspector’s or officer’s duties under this Act and the regulations. (7) A veterinarian who has, under this section, entered any place or Inspection by veterinarian vehicle with an inspector or officer, may inspect any companion animal found there for the purposes of determining whether the companion animal is in distress. (8) Where an inspector or officer has entered any place or vehicle and Relief of distress finds an animal in distress, the inspector or officer 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 for alleviating the distress. 2001,c.4,s.6. 6.1 (1) During the regular business hours of a companion animal Entry and inspection of establishment, an inspector or officer may, without a warrant or the companion animal consent of the licensee, routinely enter the companion animal establishments establishment and inspect it and any companion animal found therein to 6
Companion Animal Protection Act Cap. C-14.1 7 determine whether that companion animal establishment is operating in compliance with this Act and the regulations. (2) Where, after making an entry and inspection under subsection (1), Report of matter by officer an officer believes that the companion animal establishment is not operating in compliance with this Act or the regulations, the officer shall report the matter to an inspector. 2001,c.4,s.6.1. 7. (1) This section does not apply in respect of the owner of any Application of section companion animal kept in a companion animal establishment. (2) Where an inspector or officer has reasonable and probable grounds Order to owner to relieve distress to believe that a companion animal is in distress and the owner of the companion animal is present or may be found promptly, the inspector or officer may order the owner to take such action as may, in the opinion of the inspector or officer, be necessary to relieve the distress of the companion animal or improve the conditions that are causing the distress. Content of orders (3) An order issued under subsection (2) shall be in writing and shall, subject to subsection (4), contain a standard of care as prescribed by the regulations. (4) Where a standard of care for a companion animal is not prescribed Consultation with veterinarian by the regulations, an inspector or officer, as the case may be, shall consult a veterinarian for the purpose of determining what actions are necessary to relieve the companion animal’s distress or to improve the conditions that are causing the distress, and the order issued under subsection (2) shall be consistent with the veterinarian’s instructions. (5) Where an inspector or officer makes an order under subsection (2), Time for compliance and the inspector or officer shall specify in the order right of appeal (a) the time within which any action required by the order shall be performed; and (b) the owner’s entitlement to appeal the order in accordance with section 9.3. (6) Every order made under subsection (2) shall be served on the Service owner personally or by posting the order on the place where the companion animal was found, and service in any such manner shall be deemed to take effect immediately. (7) An owner who is served with an order under subsection (6) shall Compliance required comply with the order in accordance with its terms. (8) Subject to subsection (9), where an order made under subsection Inspection to ensure compliance (2) remains in force, an inspector or officer may, for the purpose of 7
8 Cap. C-14.1 Companion Animal Protection Act determining whether the order has been complied with, enter the place or vehicle where the companion animal is located and inspect the companion animal or the place or vehicle. (9) Where re-entry to a dwelling place is required for the purpose of Re-entry, dwelling place the determining whether the order has been complied with, re-entry without a new warrant is only permitted under subsection (8) where it is a condition of the original warrant for entry into the dwelling place. 2001,c.4,s.7. 8. (1) Where, after Order to licensee to relieve distress (a) entering and making an inspection of a companion animal establishment under section 6 and subsection 6.1(1); or (b) receiving the report of an officer under subsection 6.1(2), an inspector has reasonable and probable grounds to believe that a companion animal in the companion animal establishment is in distress, the inspector may order the licensee to take such action as may, in the opinion of the inspector, be necessary to relieve the distress of the companion animal or improve the conditions in the companion animal establishment that are causing the distress. (2) Subsections 7(3) to (7) apply, with such changes as are required, in Application of provisions re orders respect of any order made under subsection (1) or (3) or any decision and appeal made under subsection (5). (3) An officer shall have the powers of an inspector to issue an order Officer has powers of inspector under subsection (1) where (a) the officer observes or hears a companion animal in what he believes to be, based on reasonable and probable grounds, circumstances of immediate life-threatening distress; and (b) the officer is unable to contact or make a report to an inspector about the matter within a reasonable time. (4) Every order issued under subsection (3) shall be deemed to be an Interim order interim order and, within two working days, after making the order, the officer shall forward a copy of the order to an inspector. (5) On receipt of a copy of an interim order, an inspector shall, as soon Inspector to confirm, vary or as is practicable, confirm, vary or rescind the order, as the inspector rescind considers appropriate. 2001,c.4,s.8. 9. (1) An inspector or officer may remove a companion animal from the Removal of companion animal place, including a companion animal establishment, or vehicle in which it is found, and take possession and charge of the companion animal for the purposes of providing it with food, water or care to relieve its distress where a veterinarian has inspected the animal and has advised that the health and well-being of the companion animal necessitates its removal. 8
Companion Animal Protection Act Cap. C-14.1 9 (2) An inspector may also remove a companion animal from the place, Additional including a companion animal establishment, or vehicle in which it is circumstances for found, and take possession and charge of it for the purposes referred to removal in subsection (1) where (a) the inspector has inspected the companion animal and has reasonable grounds for believing that it is in distress and its owner is not present and cannot be found promptly; (b) an order respecting the companion animal, or the companion animal establishment in which it is found, has not been complied with; or (c) the inspector has reasonable grounds to believe that making an order will not eliminate or relieve the companion animal of its distress within a reasonable period of time. (3) An inspector or officer may cause a companion animal to be given Euthanasia euthanasia (a) with the consent of the owner; or (b) where a veterinarian has examined the companion animal and determined that the companion animal is ill or injured and, in the opinion of the veterinarian, is incapable of being so cured or healed as to live without suffering. (3.1) On removing a companion animal under subsection (1) or (2), an Transfer to Society inspector or officer shall, as soon as is practicable, transfer possession and charge of the companion animal to the Society. (4) An inspector or officer who removes a companion animal under Notice subsection (1) or (2) or causes it to be given euthanasia under subsection (3) shall take reasonable steps to locate the owner of the companion animal as soon as is reasonably practicable and to advise the owner (a) that the companion animal was found to be in distress; (b) of any action taken by the inspector or officer in respect of the companion animal; (c) if the companion animal has been placed in the possession and charge of the Society for care and shelter, that (i) the companion animal may be recovered, placed for adoption or given euthanasia in accordance with section 9.1, and (ii) the owner may appeal the decision to remove the companion animal to the appeals officer under section 9.3; and (d) if the companion animal has been given euthanasia, of the owner’s liability, under subsection 13(1), for all of the costs associated with that action. (5) On receiving possession and charge of a companion animal under Provision of shelter and care subsection (3.1), the Society shall, as soon as possible, arrange for the companion animal to be 9
10 Cap. C-14.1 Companion Animal Protection Act (a) sheltered at its premises, or at a veterinary clinic or companion animal establishment that accepts animals on behalf of the Society; and (b) given such care as the Society considers reasonable in the circumstances. 2001,c.4,s.9. Recovery, Adoption, Euthanasia 9.1 (1) The owner of a companion animal placed in the possession and Recovering possession of charge of the Society under subsections 4(4) or 9(3.1) may, within the companion animal prescribed time period, recover possession and charge of the companion animal on paying to the Society the fees and costs for which the owner is liable under subsection 13(1). (2) Where the owner of a companion animal that has been placed in Adoption or euthanasia the possession and charge of the Society under subsections 4(4) or 9(3.1) (a) fails to take possession of the companion animal in accordance with subsection (1); or (b) fails to obtain a decision, under subsection 9.3, on appeal to the appeals officer, requiring the return of the companion animal, the Society is deemed to be the owner of the animal and may place the animal for adoption, with a person approved by the Society and for a prescribed fee, or cause it to be given euthanasia. (3) Where a companion animal is placed for adoption under subsection Transfer of ownership (2), the companion animal becomes the property of the person with whom it is placed. 2001,c.4,s.9.1. Appeals 9.2 (1) The Minister shall appoint a veterinarian to serve as the appeals Appeals officer officer. (2) The appeals officer shall hear and determine appeals made under Duties subsection 9.3(1). 2001,c.4,s.9.2. 9.3 (1) An owner of a companion animal who is aggrieved by When owner may appeal (a) an order made under section 7 or 8; or (b) a decision made under subsection 8(5), 9(1) or (2), may appeal the order or decision to the appeals officer within seven days after the service on the owner of the order or notice of the decision, as the case may be. (2) The appeal shall be Appeal in writing (a) made in writing and in a form approved by the appeals officer; and 10
Companion Animal Protection Act Cap. C-14.1 11 (b) filed with the appeals officer within the time period specified in subsection (1). (3) The appeals officer shall review the order or decision appealed Review from within five days of the receipt of the appeal. (4) The appeals officer, on reviewing an appeal, may confirm, vary or Decision rescind the order or decision appealed. (5) The appeals officer shall provide notice of his or her decision to Notice (a) the owner; (b) the inspector or officer who made the order or decision that is the subject of the appeal; and (c) the Society, if it has possession of the companion animal. 2001,c.4,s.9.3. PART III LICENSES General 10. The Minister shall appoint an employee of the province to be the Director of Licensing Director of Licensing. 2001,c.4,s.10. 10.1 (1) Subject to subsection (2), no person shall operate a companion Restriction on operation animal establishment except under the authority of a valid license. (2) Where Exception (a) the term of a person’s license expires on June 30 in a year in accordance with subsection 10.2(8); and (b) the person has not been issued a new license, the person may, during the 30 days immediately following that date, operate a companion animal establishment without a license. 2001,c.4,s.10.1. Applications 10.2 (1) An application for the issuance of a license shall be made to the Application Director on a form approved by the Director and shall (a) contain the information required by the regulations; and (b) subject to subsection (2), be accompanied by such application and annual license fees and documentation as may be required by the regulations. 11
12 Cap. C-14.1 Companion Animal Protection Act (2) A licensee who applies under subsection (1) for the issuance of a Application fees not new license within 30 days of the expiry of his or her last license is not payable for required to pay any application fees. subsequent license (3) The Director may, before issuing a license to an applicant, require Inspection and further information (a) the applicant’s companion animal establishment to be inspected by an inspector or officer to determine that it will be operated in accordance with this Act and the regulations; and (b) the applicant to submit such additional information as the Director considers necessary. (4) The Director shall issue a license to an applicant if the Director is Issuance of license satisfied that (a) the application has been made in accordance with subsection (1) and accurately reflects the companion animal establishment and its proposed operation; (b) the applicant has complied with any requirement for an inspection or the submission of further information made under subsection (3); and (c) the companion animal establishment and its proposed operation, as specified in the application, comply with the requirements of this Act and the regulations. (5) The Director may issue a license subject to such terms and Terms and conditions conditions as the Director considers appropriate. (6) A licensee shall comply with Compliance by licensee (a) the terms and conditions of his or her license, if any; and (b) the requirements of this Act and the regulations. (7) A licensee shall keep the license posted in the companion animal Display of license establishment to which it pertains in a clearly visible and prominent place. (8) A license is valid for a term commencing on the date it is issued Term of license and expiring on June 30 of that year, unless it is sooner suspended or cancelled. (9) A license held by a licensee for a companion animal establishment Not transferable is not transferable to another person or to another companion animal establishment. (10) The application and annual license fees collected under this Payment to Minister of Finance and section shall be made payable to the Minister of Finance, Energy and Municipal Affairs Municipal Affairs. 2001,c.4,s.10.2; 2010,c.31,s.3; 2012,c.17,s.2. 12
Companion Animal Protection Act Cap. C-14.1 13 10.3 If the Director refuses to issue a license to an applicant, the Director Refusal to license shall give the applicant a written notice of the refusal that (a) gives the reasons for the refusal; and (b) advises the applicant that the refusal may be appealed in accordance with section 12. 2001,c.4,s.10.3. Suspension or Cancellation Suspension or 11. (1) The Director may suspend or cancel a license, by giving a cancellation of written notice to the licensee of the suspension or cancellation, where the license Director is satisfied (a) that the licensee has failed to comply with this Act or the regulations; or (b) that the licensee has been found guilty of an offence under the Criminal Code (Canada) relating to the treatment of animals. (2) The written notice given to the licensee under subsection (1) shall Notice (a) give the reasons for the suspension or cancellation; and (b) advise the licensee that the suspension or cancellation may be appealed in accordance with section 12. 2001,c.4,s.11. Appeal 12. (1) A person who is aggrieved by the refusal of his or her Appeal application for a license, or by the suspension or cancellation of his or her license, may, within 30 days after the person is notified of the refusal, suspension or cancellation, as the case may be, appeal the refusal, suspension or cancellation to a judge of the Supreme Court. (2) On hearing an appeal made under subsection (1), the judge may Decision rehear the matter and hear new evidence on the matter and confirm, vary or rescind the refusal, suspension or cancellation. 2001,c.4,s.12. PART IV GENERAL Fees and Costs 13. (1) The owner or former owner of a companion animal is liable to Owner liable for fees and costs pay to the Society, on demand, an amount equal to (a) the sum of (i) the prescribed fees respecting the care and maintenance of the companion animal, and 13
14 Cap. C-14.1 Companion Animal Protection Act (ii) any costs incurred by the Society that is considered appropriate to relieve the distress of the companion animal, where the companion animal has been placed in the possession and charge of the Society under subsections 4(4) or 9(3.1); (b) the costs of the relief supplied to the companion animal by an inspector or officer under subsection 6(8); and (c) the costs associated with giving the companion animal euthanasia under subsection 9(3) or 9.1(2). (2) For greater certainty, the costs for which an owner or former owner Included costs is liable under subsection (1) include any costs incurred to seize, transport, or provide medical attention to a companion animal. (3) Any amount for which an owner or former owner of a companion Recovery as debt due to Society animal is liable under this section is a debt due by that person to the Society. (4) The Society may at any time, and shall on the request of the owner Statement of account or former owner of the companion animal, provide to the owner a statement of account of the fees and costs for which the owner is liable under this section. (5) The Minister shall, in accordance with the regulations, reimburse Reimbursement the Society for any fees or costs outstanding under this section for more than 24 months. 2001,c.4,s.13. Liability 14. No action or other proceedings for damage shall be instituted against Liability (a) the Minister; (b) an inspector, officer, veterinarian; (c) the appeals officer or Director; or (d) any person acting as the agent of any person referred to in clauses (a), (b) or (c) for anything done in good faith in the performance or intended performance of any duty or in the exercise or in the intended exercise of any power under this Act, or for the neglect or default in the performance or exercise in good faith of any such duty or power. 2001,c.4,s.14. Offences and Penalties 15. Every person who fails to comply with this Act or the regulations is Offences and penalties guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $5,000. 2001,c.4,s.15. 16. (1) In addition to imposing the penalties prescribed by section 15, a Additional penalties judge, on conviction, may 14
Companion Animal Protection Act Cap. C-14.1 15 (a) make an order prohibiting the defendant from owning, having the custody or control of, or residing in the same place as a companion animal during any period that the court considers appropriate, but in the case of second or subsequent offence, for the lifetime of the defendant; or (b) make an order vesting in the Society (i) the ownership of all companion animals owned by the defendant, and (ii) the ownership of the companion animal in respect of which the prosecution has been commenced. (2) No person shall disobey an order made under subsection (1). Non-compliance on offence 2001,c.4,s.16. 17. Where a summary offence ticket is issued for non-compliance with Continuing offence an order made under section 7 or 8, the owner or licensee, as the case may be, is guilty of a separate offence for each day that the order is not complied with. 2001,c.4,s.17. Regulations 18. The Lieutenant Governor in Council may make regulations Regulations (a) designating activities as accepted activities and describing accepted activities; (b) prescribing which documents are to be considered codes or manuals for the purposes of this Act; (c) prescribing standards of care, maintenance and treatment in relation to companion animals and incorporating by reference codes of practise or manuals relating to those standards; (d) prohibiting specific practices carried out on or in relation to companion animals; (e) designating classes, types or categories of animals as companion animals, and excluding other classes, types or categories; (f) listing the types of premises, structures, or places considered to be companion animal establishments; (g) respecting the appointment or removal of officers, inspectors, and other persons required for administering and enforcing this Act; (h) respecting qualifications, identification, and codes of conduct for officers and inspectors; (i) prescribing the terms and conditions of reimbursement or remuneration for assistance in administering or enforcing this Act; (j) prescribing any procedures required for administering and enforcing this Act; (k) prescribing the form and content of any order issued under the authority of this Act; 15
16 Cap. C-14.1 Companion Animal Protection Act (l) setting out circumstances for immediate life-threatening distress under which officers may issue an order to a companion animal establishment; (m) prescribing the form and procedure for appeals and reviews authorized by this Act; (n) respecting searches authorized by this Act; (o) respecting the use of force; (p) respecting the seizure and custody of a companion animal; (q) respecting the establishment of fees owed by an owner or former owner under any provisions of this Act or the regulations including the establishment of a scale of fees; (r) respecting billing an owner or other person for costs incurred in the enforcement of this Act; (s) prescribing the time frame for repossession of a companion animal; (t) respecting activities that engage companion animals for entertainment or exhibition; (u) respecting the establishment, operation and maintenance of companion animal establishments, and prescribing standards for companion animal establishments including standards of care for companion animals in the licensee’s possession and charge; (v) concerning the inspection of companion animal establishments; (w) respecting the terms and conditions of a license including application fees, license fees, and renewal of a license; (x) respecting the form and content of a license; (y) prescribing procedures for the suspension or cancellation of licenses; (z) respecting exemptions from licensing provisions; (aa) prescribing persons to whom application and license fees may be made payable; (bb) respecting reimbursement to the Society for outstanding fees and costs; (cc) defining any word or expression used in this Act, but not defined in this Act, for the purposes of this Act; (dd) generally for the administration and enforcement of this Act. 2001,c.4,s.18. 16