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St. John's, Newfoundland and Labrador, Canada

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NEWFOUNDLAND AND LABRADOR
REGULATION 34/12

Animal Health and Protection Ticket Offences Regulations
under the
Animal Health and Protection Act
(O.C. 2012-102)

(Filed May 2, 2012)

Under the authority of section 66 of the Animal Health and Protection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , May 2, 2012.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Animal Health and Protection Ticket Offence Regulations .

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Definitions

        2. In these regulations, "service animal" means an animal trained to be used by a person with a disability for reasons relating to his or her disability.

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Ticketable offence

        3. A violation of a provision of the Act or the regulations listed in the Schedules, is an offence for which a ticket may be issued under the Provincial Offences Act and regulations. 

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Penalty for offence

        4. (1) A person who contravenes a provision of the Act or the regulations is guilty of an offence and where the complaint is laid and summons issued by means of a ticket is liable for a first offence or subsequent offence, where applicable, to a fine in the amount prescribed in the Schedules.

             (2)  Where a complaint is laid and a summons issued other than by way of a ticket, the penalties set out in the Act apply.

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Subsequent offences

        5. (1) With respect to those provisions of the Act referred to in Schedule A, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under that Act.

             (2)  With respect to those provisions of the Animal Health Regulations referred to in Schedule B, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.

             (3)  With respect to those provisions of the Animal Protection Regulations referred to in Schedule C, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.

             (4)  With respect to those provisions of the Animal Protection Standards Regulations referred to in Schedule D, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.

             (5)  With respect to those provisions of the Animal Reportable Diseases Regulations referred to in Schedule E, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.

             (6)  With respect to those provisions of the Fur Farming Regulations referred to in Schedule F, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.

             (7)  With respect to those provisions of the Newfoundland Pony Regulations referred to in Schedule G, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.

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Commencement

        6. These regulations come into force on May 2, 2012.

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Schedule A

Animal Health and Protection Act

Penalties

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Penalty

Section and
subsection or paragraph

Offence

A fine in the dollar amount indicated

 

 

First offence

Second offence

Third and subsequent offence

18(1)

Causing an animal to be in distress

100

250

500

18(1) (service animal)

Causing a service animal to be in distress

250

500

1000

18(2)

Owner permitting animal to be in distress

100

250

500

19

Harming or causing harm to animal used for law enforcement purposes

250

500

1000

20(a)

Maintaining or keeping an animal for the purpose of fighting

250

500

1000

20(b)

Allowing or permitting an animal to be used for the purpose of fighting

250

500

1000

21

Transporting or permitting to be transported an animal in a motor vehicle outside passenger compartment and not confining or securing the animal

100

250

500

22

Confining or permitting to be confined an animal in an enclosed space, including motor vehicle, without adequate ventilation

100

250

500

23(1)

Transporting or permitting to be transported an animal in the trunk of a motor vehicle

100

250

500

24(1)

Permitting an animal to be hitched, tied or fastened to a fixed object where a choke collar or choke chain forms part of securing apparatus

100

250

500

24(2)

Permitting an animal to be hitched, tied or fastened to a fixed object by means of a rope or cord tied around the animal's neck

100

250

500

25

Cutting or permitting to be cut the solid part of the tail of a horse

100

250

500

26

Cutting or cropping or permitting to be cut or cropped the ear of a dog

100

250

500

27(1)(a)

Failure of veterinarian to promptly report to the Chief Veterinary Officer

100

250

500

27(1)(b)

Failure of veterinarian to provide information that the Chief Veterinary Officer requests

100

250

500

28(1)

Failure of person who, while operating bicycle or motor vehicle, injures an animal, to stop and provide care and attention to animal

100

250

500

28(2)

Failure of person who, while operating a bicycle or motor vehicle, kills an animal, to notify inspector

100

250

500

28(2)

Failure of person who, while operating a bicycle or motor vehicle, kills an animal, to provide information that the inspector requires

100

250

500

31

Permitting a companion animal or livestock to cause a hazard

50

100

250

32(1)

Failure of owner to keep dog safely tethered or penned

50

100

250

33(a)

Permitting a bull over the age of 9 months to run at large

50

100

250

33(b)

Permitting a stallion over the age of one year to run at large

50

100

250

33(c)

Permitting a ram over the age of 4 months to run at large

50

100

250

40(2)

Permitting the running at large or the keeping of an animal within the province at large or an area specified in an order made under subsection 40(1)

50

100

250

49(1)

Destroying, interfering with or disposing a heritage animal

100

250

500

55(3)

Owning or operating an establishment, or breeding or keeping an animal without a licence

50

100

250

56(4)

Making a false statement of fact or misrepresenting a fact or circumstance in an application or document submitted to minister

50

100

250

58(3)

Failure of licensee to comply with terms, conditions and restrictions to which licence is subject

50

100

250

60

Failure of licensee to produce licence for inspection when requested

100

250

500

63(a)

Failure of licensee to notify minister of change of address for service

50

100

250

63(b)

Failure of licensee to notify minister of change in partners

50

100

250

63(c)

Failure of licensee to notify minister of change in directors

50

100

250

64(1)

Failure of licensee to file annual return

50

100

250

64(2)

Failure of licensee to include information in annual return that the minister may require

50

100

250

73(5)

Person who is not a custodian in law selling, bargaining or assigning ownership or otherwise alienating title to or interest in an animal

100

250

500

74(a)

Failure of person occupying, in charge of, or in a place entered by inspector to give all reasonable assistance to enable the carrying out of an action authorized under the Act

100

250

500

74(b)

Failure of person occupying, in charge of, or in a place entered by inspector to furnish inspector with the record or thing that the inspector may reasonably require to carry out authorized action

100

250

500

74(c)

Failure of person occupying, in charge of, or in a place entered by inspector to produce an animal that the inspector requires for viewing or examination

100

250

500

75(a)

Obstructing or interfering with an inspector or other person engaged in the execution of the Act or the regulations

100

250

500

75(b)

Providing an inspector or other person engaged in the execution of the Act or the regulations with false information

100

250

500

 

 

 

 

 

 

Schedule B

Animal Health Regulations

Penalties

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Penalty

Section and
subsection or paragraph

Offence

A fine in the dollar amount indicated

 

 

First offence

Second offence

Third and subsequent offence

3(7)(a)

Contravention of order under subs. 3(1) (disposal of animal)

100

250

500

3(7)(b)

Contravention of order under subs. 3(2) (destruction or disposal of a thing)

100

250

500

3(7)(c)

Contravention of order under subs. 3(3) (destruction of animal)

100

250

500

4(2)

Contravention of order under subs. 4(1) (detention on entry)

100

250

500

5(7)

Contravention of order under subs. 5(1) (quarantine)

100

250

500

6(1)

Failure to obtain permit to import honeybees or hives

100

250

500

6(3)

Failure to comply with terms and conditions of permit

100

250

500

7(1)

Failure to have certificate respecting honeybees or hives as required

100

250

500

7(2)

Failure to ensure honeybees and hives are not exposed to other honeybees or hives during shipment

100

250

500

7(3)

Failure to quarantine honeybees or hives

100

250

500

7(4)

Moving quarantined honeybees or hives

100

250

500

7(5)

Failure to report illness or death of imported honeybees

100

250

500

7(7)

Contravention of order under subs. 7(6) respecting honeybees or hives

100

250

500

8(1)

Failure to transport, detain, maintain or keep animal as required

100

250

500

8(4)

Contravention of order under subs. 8(3) (clean or disinfect place)

100

250

500

9(1)

Removal or release of animal from place of detention

100

250

500

9(2)

Removal or release of animal or honeybee hive from quarantine

100

250

500

10(1)

Sale of antibiotic for animal use without a prescription

100

250

500


Schedule C

Animal Protection Regulations

Penalties

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Penalty

Section and
subsection or paragraph

Offence

A fine in the dollar amount indicated

 

 

First offence

Second offence

Third and subsequent offence

8(1)

Cutting or permitting to be cut the solid part of the tail of a dog, sheep or other animal excluding horse

100

250

500

9(1)

Performing cosmetic surgery on animal

100

250

500

10(1)

Performing onychectomy (declawing) in a cat

100

250

500

11(1)

Using a prohibited chemical method of euthanasia

100

250

500

11(2)

Using a prohibited mechanical method of euthanasia

100

250

500

15

Carrying out a practice or procedure that is prohibited in a code or standard, to the extent that the code or standard is adopted in the Animal Protection Standards Regulations

100

250

500

16(1)

Pet retail store owner or operator carrying out a prohibited sale of a dog

100

250

500

16(2)

Pet retail store owner or operator carrying out a prohibited sale of a cat

100

250

500

 

Schedule D

Animal Protection Standards Regulations

Penalties

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Penalty

Section and
subsection or paragraph

Offence

A fine in the dollar amount indicated

 

 

First offence

Second offence

Third and subsequent offence

4(2)

Non-compliance with requirements in Code of Practice (livestock owner)

100

250

500

4(3)

Non-compliance with requirements in Code of Practice (owner or operator of place where livestock kept)

100

250

500

5(3)

Non-compliance with requirements in Code of Practice (dairy cattle owner)

100

250

500

5(4)

Non-compliance with requirements in Code of Practice (owner or operator of place where dairy cattle kept)

100

250

500

6(4)

Non-compliance with requirements in Code of Practice (kennel)

100

250

500

7(4)

Non-compliance with requirements in Code of Practice (cattery)

100

250

500

8(2)

Non-compliance with requirements in Code of Practice (mink)

100

250

500

9(2)

Non-compliance with requirements in Code of Practice (fox)

100

250

500

10(2)

Non-compliance with requirements in adopted Canadian Council on Animal Care code or standard

100

250

500

11(2)

Non-compliance with requirements in Manual (circus)

100

250

500

11(3)

Failure of circus owner or operator to provide written record

100

250

500

12(2)

Non-compliance with requirements in Guidelines (pet retail store)

100

250

500

13(1)

Non-compliance with standards in Schedule B (dog owner)

100

250

500

13(2)

Non-compliance with standards in Schedule B (kennel)

100

250

500

14(1)

Failure to provide attention or care to sled dog (sled dog owner)

100

250

500

14(2)

Failure to provide attention or care to sled dog (kennel)

100

250

500

 

 

Schedule E

Animal Reportable Diseases Regulations

Penalties

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Penalty

Section and
subsection or paragraph

Offence

A fine in the dollar amount indicated

 

 

First offence

Second offence

Third and subsequent offence

3(1)

Failure to report

100

250

500

3(2)

Failure of veterinarian to report

100

250

500

3(3)

Failure of laboratory to report

100

250

500

 

Schedule F

Fur Farming Regulations

Penalties

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Penalty

Section and
subsection or paragraph

Offence

A fine in the dollar amount indicated

 

 

First offence

Second offence

Third and subsequent offence

5

Failure to maintain fur farm or captive fur bearing animal as required

100

250

500

6

Failure to construct or maintain a protective barrier as required

100

250

500

7

Failure to remove snow immediately inside and outside a protective barrier

100

250

500

8

Failure to report escape of captive fur bearing animal

100

250

500

9

Failure to recapture captive fur bearing animal as required

100

250

500

9(4)

Failure to destroy or dispose of recaptured captive fur bearing animal as required

100

250

500

13

Releasing or permitting the escape of, or attempting to release or permit the escape of, a captive fur bearing animal

100

250

500

14(1)

Operation of fur farm without permission while licence is suspended

100

250

500

14(2)

Failure to adhere to requirements while licence is suspended

100

250

500

15(1)

Operation of fur farm without permission while licence is cancelled

100

250

500

15(2)

Failure to adhere to requirements while licence is cancelled

100

250

500

17

Failure to permit inspection of fur farm

100

250

500

Schedule G

Newfoundland Pony Regulations

Penalties

 

Penalty

Section and
subsection or paragraph

Offence

A fine in the dollar amount indicated

 

 

First offence

Second offence

Third and subsequent offence

3

Disposal of record filed with Registry of Newfoundland Ponies

50

100

250