2023 Bill 65

	65


Second Session, 50th General Assembly 3 Charles III, 2024
BILL 65
AN ACT TO AMEND THE ANIMAL HEALTH AND PROTECTION ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE GERRY BYRNE Minister of Fisheries, Forestry and Agriculture
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Animal Health and Protection Act to

· add a definition of "abandoned";

· amend the definitions of "distress" and "owner";

· prohibit the declawing of cats unless it is undertaken as an accepted activity as prescribed in the regulations;

· modernize the language respecting safe containment of dogs;

· prohibit owners from allowing livestock to run at large;

· permit an inspector to issue an order requiring a person to comply with the Act and regulations;

· increase the penalties for offences under the Act; and

· incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE ANIMAL HEALTH AND PROTECTION ACT

Analysis

1. S.2 Amdt.
Interpretation

2. S.3 Amdt.
Labrador Inuit rights

3. S.13 Amdt.
Taking custody of animal

4. S.14 Amdt.
Destruction of an animal

5. S.16 Amdt.
Provincial Court order

6. S.26.1 Added
Prohibition - declawing

7. S.27 Amdt.
Veterinarian to report

8. S.32 Amdt.
Dogs to be safely contained

9. S.33 R&S
Prohibition – livestock at large

10. S.39 Amdt.
Impounding livestock

11. S.44 Amdt.
Provincial Court order

12. S.49 Amdt.
Protection of heritage animals

13. S.58 Amdt.
Terms and conditions of licence

14. S.59 Amdt.
Suspension or cancellation of a licence

15. S.60 Amdt.
Production of licence

16. S.62 Amdt.
Address for service

17. S.63 Amdt.
Notice of change

18. S.68 Amdt.
Inspector

19. S.71.1 Added
Order of inspector

20. S.72 Amdt.
Seizure and forfeiture

21. S.73 Amdt.
Custody in law

22. S.76 Amdt.
Offence

23. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2010 cA-9.1
as amended

1. (1) Subsection 2(1) of the Animal Health and Protection Act is amended by adding immediately before paragraph (a) the following:

(a.01) "abandoned" means an animal that

(i) appears ownerless, after reasonable steps have been taken to contact its owner,

(ii) is found on rented premises after the expiration or termination of the tenancy agreement,

(iii) is found on premises after the owner has sold or vacated the premises,

(iv) has been left by the owner in the care of another person, establishment or facility and has not been retrieved from that other person, establishment or facility for more than 4 days after the agreed-upon retrieval time, or

(v) has been left for more than 24 hours without adequate food, water or shelter;

(2) Paragraph 2(1)(g) of the Act is repealed and the following substituted:

(g) "distress" means

(i) being in need of proper care, water, food or shelter,

(ii) being in need of reasonable protection from heat or cold, appropriate to the animal,

(iii) being sick, injured, abused or in pain or suffering undue or unnecessary hardship, privation or neglect,

(iv) being confined to an area that is unfit or has insufficient space, lighting or ventilation,

(v) suffering undue or unnecessary anxiety or distress,

(vi) being deprived of veterinary care or medical treatment,

(vii) being kept in conditions that contravene the standards of care prescribed in the regulations,

(viii) being confined in unsanitary conditions,

(ix) being deprived of the opportunity for adequate exercise,

(x) being kept on premises with another animal that may have an adverse impact on the animal, or

(xi) having been abandoned by the owner in a manner likely to cause distress;

(3) Paragraph 2(1)(t) of the Act is repealed and the following replaced:

(t) "owner", in respect of an animal, means

(i) a person who has possession, custody, care, management or control of the animal or who is the owner of the property, house, premises or part of a premises where an animal is kept or permitted to live or remain,

(ii) a person who had possession, custody, care, management or control of the animal immediately before the animal was seized, taken into custody or abandoned,

(iii) a parent or guardian of a minor who is an owner of the animal, or

(iv) any other person who at law has responsibility for the animal;

2. Subsection 3(2) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

3. Subsection 13(3) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the inspector's"; and

(b) deleting the words "him or her" and substituting the words "the owner".

4. Subsection 14(2) of the Act is amended by deleting the words "him or her" and substituting the words "the owner".

5. (1) Subsection 16(3) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the Provincial Court judge"; and

(b) deleting the words "his or her" and substituting the words "the person's".

(2) Subsection 16(4) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the person's"; and

(b) deleting the words "he or she" and substituting the words "the Provincial Court judge".

6. The Act is amended by adding immediately after section 26 the following:

Prohibition - declawing

26.1 A person shall not declaw a cat, or permit a cat to be declawed, unless in the course of an accepted activity.

7. Paragraph 27(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the veterinarian's".

8. (1) Subsection 32(1) of the Act is repealed and the following substituted:

Dogs to be safely contained

32. (1) An owner of a dog shall keep it safely contained at all times.

(2) Subsection 32(2) of the Act amended by deleting the words "need not be tethered or penned up" and substituting the words "is not required to be contained".

9. Section 33 of the Act is repealed and the following substituted:

Prohibition – livestock at large

33. An owner shall not permit livestock to run at large without the consent of the minister.

10. (1) Subsection 39(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(2) Subsection 39(6) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

11. (1) Subsection 44(3) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the Provincial Court judge"; and

(b) deleting the words "his or her" and substituting the words "the person's".

(2) Subsection 44(4) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the person's"; and

(b) deleting the words "he or she" and substituting the words "the Provincial Court judge".

12. Subsection 49(1) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's".

13. Subsection 58(3) of the Act is amended by deleting the words "his or her" and substituting the word "the".

14. Subsection 59(2) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

15. Section 60 of the Act is amended by deleting the words "his or her" and substituting the word "the".

16. Subsection 62(2) of the Act is amended by deleting the words "his or her" and substituting the word "the".

17. Paragraph 63(a) of the Act is amended by deleting the words "his or her" and substituting the words "the licensee's".

18. (1) Subsection 68(6) of the Act is amended by deleting the words "his or her" and substituting the words "the inspector's".

(2) Paragraph 68(7)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the inspector's".

(3) Paragraph 68(7)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

(4) Subsection 68(11) of the Act is amended by deleting the words "his or her" and substituting the word "the".

19. The Act is amended by adding immediately after section 71 the following:

Order of inspector

71.1 (1) Where an inspector finds that a person is not in compliance with a provision of this Act or the regulations, the inspector may order the person to comply with the provision.

(2) An order issued under subsection (1) shall

(a) set out any action that the person is required to take in order to remedy the non-compliance; and

(b) specify the time period in which the person is required to comply with the order.

20. Subsection 72(14) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's".

21. (1) Paragraph 73(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the custodian in law's".

(2) Subsection 73(4) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

22. Subsection 76(1) of the Act is repealed and the following substituted:

Offence

76. (1) A person who contravenes this Act or the regulations or an order, licence or permit made under this Act or the regulations is guilty of an offence and is liable on summary conviction

(a) where the offence is a first offence, to a fine not exceeding $50,000 and, in default of payment, to a term of imprisonment not exceeding 6 months, or to both a fine and imprisonment; and

(b) where the offence is a second or subsequent offence, to a fine not exceeding $75,000 and, in default of payment, to a term of imprisonment not exceeding 12 months, or to both a fine and imprisonment.

Commencement

23. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.