Summary:
ANIMAL PROTECTION, 1999
The Animal
Protection Act, 1999
being
Chapter A-21.1* of The Statutes of Saskatchewan, 1999 (effective
November 1, 2000) as amended by the Statutes of Saskatchewan,
2010, c.38.
*NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the
Consequential Amendment sections, schedules and/or tables within this Act
have been removed. Upon coming into force, the consequential amendments
contained in those sections became part of the enactment(s) that they amend,
and have thereby been incorporated into the corresponding Acts. Please refer
to the Separate Chapter to obtain consequential amendment details and
specifics.
NOTE:
This consolidation is not official. Amendments have been
incorporated for convenience of reference and the original statutes
and regulations should be consulted for all purposes of interpretation
and application of the law. In order to preserve the integrity of the
original statutes and regulations, errors that may have appeared are
reproduced in this consolidation.
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Table of Contents
PART III
PART I
Protection of Certain Animals against Dogs
Short Title
19 Interpretation of Part
1 Short title
20 Dogs causing injury or damage
PART II
Animals in Distress 21 Offences and penalty
2 Interpretation of Part 22 Action for damages
3 Humane societies 23 Regulations
4 Prohibition PART III.1
5 Inspection Protection of Service Animals
6 Relieving animals in distress
23.1 Interpretation of Part
7 Authority to enter
23.2 Interference with service animal prohibited
8 Identification
23.3 Offences and penalties
9 Notification
23.4 Limitation on prosecution
10 Sale or gift of animal
11 Destruction of animal
PART IV
12 Liability for expenses incurred Repeal, Transitional and Coming into Force
13 Lien on animals 24 R.S.S. 1978, c.A-21 repealed
14 Offences and penalties 25 S.S. 1928, c.89, sections 6 to 8a repealed
15 Order for custody 26 Transitional – humane societies
16 Duty of court 27 Transitional – prosecutions
17 Immunity 28 Coming into force
18 Regulations
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CHAPTER A-21.1
An Act respecting the Protection of Animals
PART I
Short Title
Short title
1 This Act may be cited as The Animal Protection Act, 1999.
PART II
Animals in Distress
Interpretation of Part
2(1) In this Part and Part III.1:
“animal” means any animal other than a human being;
(a)
“animal protection officer” means:
(b)
(i) a member of the Royal Canadian Mounted Police;
(ii) a member of a municipal police service; or
(iii) a person appointed as an animal protection officer pursuant to
subsection 3(2) for the purposes of this Part;
(c) “business day” means a day on which the relevant humane society is
open for business;
“caretaker” means an individual who:
(d)
(i) has an appropriate facility in which to keep an animal; and
(ii) agrees to care for the animal in accordance with this Part;
“court” means the Provincial Court of Saskatchewan;
(e)
“humane society” means:
(f)
(i) The Saskatchewan Society for the Prevention of Cruelty to Animals;
or
(ii) any organization that is approved as a humane society pursuant to
subsection 3(1) or that is deemed to be approved as a humane society
pursuant to section 26;
(g) “minister” means the member of the Executive Council to whom for the
time being the administration of this Act is assigned;
(h) “prescribed” means prescribed in the regulations made pursuant to
this Part;
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“vehicle” includes an aircraft or water craft;
(i)
(j) “veterinarian” means a registered member of the Saskatchewan
Veterinary Medical Association who is in good standing and who is licensed to
practise veterinary medicine in Saskatchewan.
(2) Subject to subsection (3), for the purposes of this Part, an animal is in distress
if it is:
(a) deprived of adequate food, water, care or shelter;
(b) injured, sick, in pain or suffering; or
(c) abused or neglected.
(3) An animal is not considered to be in distress if it is handled:
(a) in a manner consistent with a standard or code of conduct, criteria,
practice or procedure that is prescribed as acceptable; or
(b) in accordance with generally accepted practices of animal management.
(4) For the purposes of this Part and Part III.1, a person responsible for an animal
includes a person who:
(a) owns an animal;
(b) has custody or control of an animal; or
(c) has custody or charge of a minor and the minor is the owner of an animal.
1999, c.A-21.1, s.2; 2010, c.38, s.3.
Humane societies
3(1) Subject to the regulations, the minister may:
(a) approve as a humane society for the purposes of this Part any organization
that:
(i) is incorporated or registered as a corporation pursuant to an Act;
and
(ii) has as a principal object the prevention of cruelty to animals; and
(b) suspend or revoke the approval mentioned in clause (a).
(2) Subject to the regulations, the minister may appoint any person as an animal
protection officer for the purposes of this Part who:
(a) meets the prescribed criteria; and
(b) demonstrates to the minister that he or she is suitable to be appointed as
an animal protection officer.
1999, c.A-21.1, s.3.
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Prohibition
4(1) No person shall cause an animal to be in distress.
(2) No person responsible for an animal shall cause or permit the animal to be or
to continue to be in distress.
2010, c.38, s.4.
Inspection
5(1) Any animal protection officer, without a warrant, during ordinary business
hours, may enter any premises, other than a private dwelling, where animals are
kept for sale, hire or exhibition for the purpose of enforcing this Part and the
regulations.
(2) No person operating or in charge of any premises, other than a private
dwelling, where animals are kept for sale, hire or exhibition shall refuse to permit
an animal protection officer to enter the premises during ordinary business hours
for the purposes mentioned in subsection (1).
1999, c.A-21.1, s.5.
Relieving animals in distress
6(1) Where an animal is found in distress in a public place or, subject to section 7,
in any other place, an animal protection officer may take any action that the animal
protection officer considers necessary to relieve the animal’s distress where the
person responsible for the animal:
(a) does not promptly take steps to relieve the animal’s distress; or
(b) cannot be found immediately and informed of the animal’s distress.
(2) Without limiting the powers of an animal protection officer acting in
accordance with subsection (1), the animal protection officer may:
(a) take custody of the animal;
(b) arrange for transportation, food, water, care, shelter and veterinary
treatment for the animal; and
(c) deliver the animal into the custody of:
(i) a humane society; or
(ii) a caretaker, if there is no humane society near the location where
the animal is found or if the humane society does not have an
appropriate facility in which to keep the animal.
(3) Notwithstanding any other provision of this Part, an animal protection officer
may destroy an animal, or have an animal destroyed, where the animal is in such
distress that it cannot be relieved of its distress in the opinion of:
(a) a veterinarian; or
(b) if a veterinarian is not readily available, the animal protection officer.
1999, c.A-21.1, s.6.
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Authority to enter
7(1) A justice of the peace or a provincial court judge may issue a warrant in the
prescribed form authorizing an animal protection officer to enter and search any
place or premises named, or stop and search any vehicle described, in the warrant
if the justice or judge is satisfied by information on the oath of the animal protection
officer in the prescribed form that there are reasonable grounds to believe:
(a) that an animal is in distress in any place, premises or vehicle; or
(b) that an offence against this Part has occurred and evidence of that
offence is likely to be found in the place, premises or vehicle to be searched.
(2) With a warrant issued pursuant to subsection (1), an animal protection officer
may:
(a) enter at any time and search any place or premises named in the warrant
for the purpose of taking any action authorized by this Part to relieve the
animal’s distress;
(b) stop and search any vehicle described in the warrant for the purpose of
taking any action authorized by this Part to relieve the animal’s distress;
(c) open and examine any trunk, box, bag, parcel, closet, cupboard or other
receptacle that the animal protection officer finds in the place, premises or
vehicle; and
(d) seize and remove from any place, premises or vehicle searched anything
that may be evidence of an offence against this Part, including the carcass of a
dead animal.
(3) Subject to subsection (4), an animal protection officer may exercise all or any
of the powers mentioned in subsection (2) without a warrant if:
(a) the conditions for obtaining a warrant exist; and
(b) the animal protection officer has reasonable grounds to believe that the
delay necessary to obtain a warrant would result in:
(i) the death of an animal; or
(ii) the loss, removal or destruction of evidence.
(4) An animal protection officer shall not enter a private dwelling without a
warrant issued pursuant to subsection (2) unless the occupant of the private
dwelling consents.
(5) When exercising any power pursuant to this section, an animal protection
officer may be accompanied by any specialist or expert whom the animal protection
officer considers necessary to carry out the search and seizure or to diagnose and
assist an animal in distress.
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(6) When an animal protection officer removes the carcass of a dead animal from
any place, premises or vehicle pursuant to this section, the person responsible for
that animal has no right in or claim to:
(a) the carcass; or
(b) the value of the carcass, if any.
(7) No person shall obstruct any person who is authorized to make an entry
pursuant to this section.
1999, c.A-21.1, s.7.
Identification
8 An animal protection officer who is appointed pursuant to subsection 3(2) and
who is exercising a power pursuant to section 5, 6 or 7, must, on demand, produce
his or her certificate of appointment to the owner or occupant of any place or
premises entered or vehicle stopped pursuant to those sections.
1999, c.A-21.1, s.8.
Notification
9(1) If an animal protection officer intends to destroy an animal or have an
animal destroyed pursuant to subsection 6(3), the animal protection officer shall
take reasonable steps to locate the person responsible for the animal and to obtain
that person’s consent to the destruction of the animal.
(2) Where, pursuant to subsection 6(2), an animal protection officer delivers an
animal into the custody of a caretaker, the animal protection officer shall notify a
humane society of the actions taken with respect to the animal.
(3) After an animal is delivered to a humane society or after a humane society is
notified pursuant to subsection (2) that an animal has been delivered to a
caretaker, the humane society shall take reasonable steps to locate the person
responsible for the animal and, where that person is located, shall notify that
person of the actions taken with respect to the animal.
1999, c.A-21.1, s.9.
Sale or gift of animal
10(1) The humane society may sell or give the animal to any person if the person
responsible for the animal:
(a) is not located and notified within three business days after the day on
which the animal was delivered; or
(b) is located and notified but does not, within three business days after the
day on which the animal was delivered:
(i) in accordance with section 12, pay the expenses incurred with
respect to the animal; or
(ii) enter into an agreement for the payment of the expenses that is
satisfactory to the humane society.
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(2) Where a humane society sells or gives an animal to any person pursuant to
subsection (1), the animal becomes the property of the person to whom it is sold or
given.
(3) The proceeds of a sale of an animal pursuant to subsection (1) shall be
disbursed in the following order of priority:
(a) to pay the expenses of selling the animal;
(b) to pay the other expenses reasonably incurred with respect to the animal
pursuant to this Part.
(4) Subject to subsection (5), the humane society may retain the balance of the
sale proceeds remaining after the payment of the expenses mentioned in
subsection (3).
(5) If the sale proceeds exceed the expenses mentioned in subsection (3),
within 30 days after the date of the sale of the animal, the person formerly
responsible for the animal may claim the balance from the humane society, and the
humane society shall pay the balance to that person, on being satisfied that the
person was the person responsible for the animal at the time the animal was taken
into custody.
1999, c.A-21.1, s.10.
Destruction of animal
11(1) A humane society may destroy the animal or have the animal destroyed if,
at the expiration of the three-day period mentioned in subsection 10(1):
(a) the person responsible for the animal has not claimed the animal in
accordance with subsection 10(1); and
(b) the humane society is unable to sell or give the animal away.
(2) Where an animal is given to a humane society and the society is unable to sell
or give the animal away or, in the opinion of the humane society, the animal is not
suitable to be sold or given away, at the expiration of three business days after
receiving the animal, the humane society may destroy the animal or have the
animal destroyed.
(3) Any person charged with the destruction of an animal pursuant to this Part
must destroy the animal in a humane manner.
1999, c.A-21.1, s.11.
Liability for expenses incurred
12(1) The person responsible for an animal taken into custody pursuant to
subsection 6(2) is liable to the humane society for the expenses reasonably incurred
by the humane society, or by a caretaker on behalf of the humane society, pursuant
to this Part with respect to the animal.
(2) The humane society may require the person responsible for the animal to pay
the expenses for which he or she is liable pursuant to subsection (1) before
returning the animal to that person.
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(3) Where an animal is destroyed pursuant to subsection 6(3), the person
responsible for the animal is liable for the expenses of destroying the animal and
disposing of the carcass and has no right or claim to any damages resulting from
the destruction of the animal.
(4) For the purposes of subsection (3), the expenses of destroying an animal
include any veterinarian’s inspection fee and any veterinarian’s fee for providing
an opinion with respect to the animal.
(5) The humane society may recover the expenses mentioned in this section
against the person responsible for the animal in any manner provided by law,
including an action in debt.
(6) Where an animal is delivered into the custody of a caretaker pursuant to
subsection 6(2), the humane society that is notified of the actions taken with
respect to the animal pursuant to subsection 9(2) is liable to the caretaker for the
expenses reasonably incurred by the caretaker pursuant to this Part with respect
to the animal.
1999, c.A-21.1, s.12.
Lien on animals
13(1) A humane society:
(a) has a lien on any animal delivered into the custody of the humane
society, or delivered into the custody of a caretaker on behalf of the humane
society, pursuant to this Part; and
(b) in addition to the remedies mentioned in section 12, may detain the
animal in the custody of the humane society, or in the custody of a caretaker
on behalf of the humane society, and may sell the animal, subject to the
regulations, where the person responsible for the animal is indebted to the
humane society for the expenses mentioned in section 12.
(2) The right of the humane society pursuant to subsection (1) has priority over,
and is not subject to, any existing lien, security interest, purchase-money security
interest or any other charge or encumbrance affecting the animal.
1999, c.A-21.1, s.13.
Offences and penalties
14(1) A person who contravenes this Part or the regulations or an order made
pursuant to this Part is guilty of an offence and liable on summary conviction to a
fine of not more than $25,000, to imprisonment for not more than two years or to
both.
(2) In addition to any penalty imposed pursuant to subsection (1), if a person is
found guilty of an offence pursuant to section 4, the court may make an order
prohibiting that person from owning or having custody or control of any animal for
a period specified by the court.
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(3) The court may make an order pursuant to subsection (2) on any terms and
conditions that the court considers appropriate, including a term or condition that:
(a) the person provide the applicable humane society with a current address
of residence; and
(b) the person allow for inspections by an animal protection officer, without a
warrant, to ensure compliance with the order imposed.
1999, c.A-21.1, s.14; 2010, c.38, s.5.
Order for custody
15(1) A humane society may apply to the court for an order of custody of an
animal with respect to which a charge has been laid pursuant to section 14.
(2) On an application pursuant to this section, the court may make an order on
any terms and conditions it considers appropriate, including granting the humane
society, or a caretaker on behalf of the humane society, custody of the animal
pending the outcome of any proceeding pursuant to section 14, notwithstanding
that the person responsible for the animal:
(a) has, in accordance with section 12, paid the expenses incurred with
respect to the animal; and
(b) has requested the return of the animal.
1999, c.A-21.1, s.15.
Duty of court
16 Not more than 15 days after a person is convicted of an offence pursuant to
section 14, the court shall send a record of the conviction and a certified copy of any
order made pursuant to subsection 14(2) by ordinary mail to The Saskatchewan
Society for the Prevention of Cruelty to Animals at the prescribed address.
1999, c.A-21.1, s.16.
Immunity
17(1) No action lies or shall be instituted against any animal protection officer,
veterinarian, caretaker, humane society or officer or employee of a humane society
for any loss or damage suffered by reason of anything in good faith done, caused,
permitted or authorized to be done, attempted to be done or omitted to be done, by
any of them, pursuant to or in the exercise or supposed exercise of any power
conferred by this Part or the regulations or in the carrying out or supposed carrying
out of any duty imposed by this Part or the regulations.
(2) No action lies or shall be instituted against the minister or the Crown in right
of Saskatchewan for any act or omission of any animal protection officer,
veterinarian, caretaker, humane society or officer or employee of a humane society,
in connection with this Act or the regulations.
1999, c.A-21.1, s.17.
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Regulations
18 For the purpose of carrying out this Part according to its intent, the
Lieutenant Governor in Council may make regulations:
(a) defining, enlarging or restricting the meaning of any word or phrase used
in this Part but not defined in this Part;
(b) prescribing acceptable standards or codes of conduct, criteria, practice or
procedure for the care and handling of animals;
(c) respecting the approval of organizations as humane societies and the
suspension and revocation of approvals;
(d) prescribing the qualifications required of persons to be appointed animal
protection officers for the purposes of this Part;
(e) respecting the manner in which animals may be taken into custody;
(f) defining what constitutes taking reasonable steps to locate and notify a
person responsible for an animal;
(g) 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 are to be maintained;
(h) respecting liens on animals pursuant to section 13 and providing for the
detention and sale of the animals and for the disposition of the sale proceeds;
(i) for the purposes of section 16, prescribing the address of The Saskatchewan
Society for the Prevention of Cruelty to Animals;
(j) prescribing any forms required for this Part or the regulations;
(k) prescribing any matter or thing required or authorized by this Part to be
prescribed in the regulations;
(l) respecting any other matter or thing that the Lieutenant Governor in
Council considers necessary to carry out the intent of this Part.
1999, c.A-21.1, s.18.
PART III
Protection of Certain Animals against Dogs
Interpretation of Part
19 In this Part:
“dog” means an animal of the canine species;
(a)
(b) “prescribed” means prescribed in the regulations made pursuant to
this Part;
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(c) “protected animal” means, subject to the regulations, any animal that
is raised in captivity on a farm for the purpose of producing:
(i) offspring; or
(ii) animal products, as defined in The Animal Products Act ;
(d) “running at large” means, with respect to a dog, not being on the
premises of its owner and not being under the immediate, continuous and
effective control of its owner.
1999, c.A-21.1, s.19.
Dogs causing injury or damage
20(1) Any person may destroy a dog if the person finds the dog:
(a) running at large; and
(b) attacking or viciously pursuing a protected animal.
(2) A person who destroys a dog pursuant to this Part shall destroy and dispose of
the dog in the prescribed manner.
1999, c.A-21.1, s.20.
Offences and penalty
21(1) Every person is guilty of an offence who destroys or disposes of a dog
pursuant to this Part other than in the prescribed manner.
(2) A person who is guilty of an offence pursuant to subsection (1) is liable on
summary conviction to a fine not exceeding $1,000.
1999, c.A-21.1, s.21.
Action for damages
22(1) No penalty imposed pursuant to section 21 bars an action by the owner or
possessor of a protected animal for the recovery of damages for injury done to the
protected animal by a dog.
(2) In an action for the recovery of damages for injury done to a protected animal
by a dog:
(a) it is not necessary for the plaintiff to prove that the defendant knew of
the dog’s propensity to pursue and injure animals; and
(b) the defendant’s liability does not depend on any previous knowledge of
the dog’s propensity to pursue and injure animals.
1999, c.A-21.1, s.22.
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Regulations
23 For the purpose of carrying out this Part according to its intent, the
Lieutenant Governor in Council may make regulations:
(a) defining, enlarging or restricting the meaning of any word or phrase used
in this Part but not defined in this Part;
(b) prescribing the manner in which dogs are to be destroyed and disposed of
for the purposes of this Part;
(c) prescribing any matter or thing required or authorized by this Part to be
prescribed in the regulations;
(d) respecting any other matter or thing that the Lieutenant Governor in
Council considers necessary to carry out the intent of this Part.
1999, c.A-21.1, s.23.
PART III.1
Protection of Service Animals
Interpretation of Part
23.1 In this Part, “service animal” means an animal that is trained to be used
by:
(a) a person with a disability for reasons relating to his or her disability;
(b) a peace officer in the execution of his or her duties; or
(c) a person who is authorized by a peace officer to assist peace officers in
their duties.
2010, c.38, s.6.
Interference with service animal prohibited
23.2(1) No person shall harm, attempt to harm, touch, feed, impede or interfere
with a service animal without lawful excuse or authority.
(2) No person responsible for an animal shall allow that animal to harm, attempt
to harm, touch, impede or interfere with a service animal without lawful excuse or
authority.
2010, c.38, s.6.
Offences and penalties
23.3(1) A person who contravenes section 23.2 is guilty of an offence and liable on
summary conviction to a fine of not more than $25,000, to imprisonment for not
more than two years or to both.
(2) In addition to any penalty imposed pursuant to subsection (1), the court may
order the convicted person to pay compensation to the person responsible for the
service animal for loss or damage suffered as a consequence of the commission of
the offence, in an amount that the court may determine.
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(3) The person to whom compensation is payable pursuant to subsection (2) may
file a certified copy of the order in the office of the local registrar of the Court of
Queen’s Bench at the judicial centre nearest to the place where the person resides.
(4) A certified copy filed pursuant to subsection (3) has the same force and effect
as if it were a judgment obtained in the Court of Queen’s Bench for the recovery of
a debt in the amount specified in the order, together with any reasonable costs and
charges with respect to its filing.
2010, c.38, s.6.
Limitation on prosecution
23.4 No prosecution for a contravention of this Part is to be commenced more than
one year from the date on which the offence is alleged to have been committed.
2010, c.38, s.6.
PART IV
Repeal, Transitional and Coming into Force
R.S.S. 1978, c.A-21 repealed
24 The Animal Protection Act is repealed.
1999, c.A-21.1, s.24.
25 Dispensed. This/these section(s) makes consequential amendments to another/
other Act(s). Pursuant to subsection 33(1) of The Interpretation Act, 1995, the
amendments have been incorporated into the corresponding Act(s). Please refer to
the Separate Chapter to obtain consequential amendment details and specifics.
Transitional – humane societies
26(1) Every organization is deemed to be approved as a humane society pursuant
to section 3 if, on the day before the coming into force of this Act, it is:
(a) incorporated or registered as a corporation pursuant to an Act; and
(b) recognized as a humane society by The Saskatchewan Society for the
Prevention of Cruelty to Animals.
(2) Subsection (1) applies notwithstanding that the organization was not approved
by the minister as a humane society pursuant to The Animal Protection Act or any
former Animal Protection Act.
(3) Nothing in this section prevents the minister from suspending or revoking the
approval of a humane society pursuant to section 3.
1999, c.A-21.1, s.26.
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Transitional – prosecutions
27 A summary offence ticket issued or a prosecution commenced pursuant to The
Animal Protection Act before the coming into force of this Act remains valid and is
to be dealt with pursuant to the provisions of The Animal Protection Act as it
existed on the day before the coming into force of this Act.
1999, c.A-21.1, s.27.
Coming into force
28 This Act comes into force on proclamation.
1999, c.A-21.1, s.28.
16 c. A-21.1 ANIMAL PROTECTION, 1999