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.
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.
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.
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.
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.
Commencement
6. These
regulations come into force on May 2, 2012.
Schedule A
Animal
Health and Protection Act
Penalties
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18(1)
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Causing an animal to be in
distress
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100
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250
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500
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18(1) (service animal)
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Causing a service animal to
be in distress
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250
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500
|
1000
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18(2)
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Owner permitting animal to
be in distress
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100
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250
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500
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19
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Harming
or causing harm to animal used for law enforcement purposes
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250
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500
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1000
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20(a)
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Maintaining or keeping an animal
for the purpose of fighting
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250
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500
|
1000
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20(b)
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Allowing or permitting an
animal to be used for the purpose of fighting
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250
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500
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1000
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21
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Transporting or permitting
to be transported an animal in a motor vehicle outside passenger compartment
and not confining or securing the animal
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100
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250
|
500
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22
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Confining or permitting to
be confined an animal in an enclosed space, including motor vehicle, without
adequate ventilation
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100
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250
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500
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23(1)
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Transporting or permitting
to be transported an animal in the trunk of a motor vehicle
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100
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250
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500
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24(1)
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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
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100
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250
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500
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24(2)
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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
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100
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250
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500
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25
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Cutting or permitting to be
cut the solid part of the tail of a horse
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100
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250
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500
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26
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Cutting or cropping or
permitting to be cut or cropped the ear of a dog
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100
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250
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500
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27(1)(a)
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Failure of veterinarian to
promptly report to the Chief Veterinary Officer
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100
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250
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500
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27(1)(b)
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Failure of veterinarian to
provide information that the Chief Veterinary Officer requests
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100
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250
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500
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28(1)
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Failure of person who, while
operating bicycle or motor vehicle, injures an animal, to stop and provide
care and attention to animal
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100
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250
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500
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28(2)
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Failure of person who, while
operating a bicycle or motor vehicle, kills an animal, to notify inspector
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100
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250
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500
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28(2)
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Failure
of person who, while operating a bicycle or motor vehicle, kills an animal,
to provide information that the inspector requires
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100
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250
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500
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31
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Permitting a companion
animal or livestock to cause a hazard
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50
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100
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250
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32(1)
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Failure of owner to keep dog
safely tethered or penned
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50
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100
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250
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33(a)
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Permitting a bull over the
age of 9 months to run at large
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50
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100
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250
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33(b)
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Permitting a stallion over
the age of one year to run at large
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50
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100
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250
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33(c)
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Permitting a ram over the
age of 4 months to run at large
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50
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100
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250
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40(2)
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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)
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50
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100
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250
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49(1)
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Destroying, interfering with
or disposing a heritage animal
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100
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250
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500
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55(3)
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Owning or operating an establishment,
or breeding or keeping an animal without a licence
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50
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100
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250
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56(4)
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Making a false statement of
fact or misrepresenting a fact or circumstance in an application or document
submitted to minister
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50
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100
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250
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58(3)
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Failure of licensee to comply
with terms, conditions and restrictions to which licence is subject
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50
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100
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250
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60
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Failure
of licensee to produce licence for inspection when requested
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100
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250
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500
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63(a)
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Failure of licensee to notify
minister of change of address for service
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50
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100
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250
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63(b)
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Failure of licensee to
notify minister of change in partners
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50
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100
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250
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63(c)
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Failure of licensee to
notify minister of change in directors
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50
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100
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250
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64(1)
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Failure of licensee to file
annual return
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50
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100
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250
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64(2)
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Failure of licensee to
include information in annual return that the minister may require
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50
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100
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250
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73(5)
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Person who is not a
custodian in law selling, bargaining or assigning ownership or otherwise
alienating title to or interest in an animal
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100
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250
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500
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74(a)
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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
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100
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250
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500
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74(b)
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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
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100
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250
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500
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74(c)
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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
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100
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250
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500
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75(a)
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Obstructing or interfering
with an inspector or other person engaged in the execution of the Act or the
regulations
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100
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250
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500
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75(b)
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Providing
an inspector or other person engaged in the execution of the Act or the regulations
with false information
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100
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250
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500
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Schedule B
Animal
Health Regulations
Penalties
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100
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250
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500
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3(7)(b)
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Contravention of order under
subs. 3(2) (destruction or disposal of a thing)
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100
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250
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500
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3(7)(c)
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Contravention of order under
subs. 3(3) (destruction of animal)
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100
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250
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500
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4(2)
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Contravention of order under subs. 4(1) (detention on
entry)
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100
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250
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500
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5(7)
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Contravention of order under
subs. 5(1) (quarantine)
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100
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250
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500
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6(1)
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Failure to obtain permit to
import honeybees or hives
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100
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250
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500
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6(3)
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Failure to comply with terms
and conditions of permit
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100
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250
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500
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7(1)
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Failure to have certificate
respecting honeybees or hives as required
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100
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250
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500
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7(2)
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Failure
to ensure honeybees and hives are not exposed to other honeybees or hives during
shipment
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100
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250
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500
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7(3)
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Failure to quarantine honeybees
or hives
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100
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250
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500
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7(4)
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Moving quarantined honeybees
or hives
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100
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250
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500
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7(5)
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Failure to report illness or
death of imported honeybees
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100
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250
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500
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7(7)
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Contravention of order under
subs. 7(6) respecting honeybees or hives
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100
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250
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500
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8(1)
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Failure
to transport, detain, maintain or keep animal as required
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100
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250
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500
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8(4)
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Contravention of order under
subs. 8(3) (clean or disinfect place)
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100
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250
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500
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9(1)
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Removal or release of animal
from place of detention
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100
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250
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500
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9(2)
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Removal or release of animal
or honeybee hive from quarantine
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100
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250
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500
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10(1)
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Sale of antibiotic for animal use without a
prescription
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100
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250
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500
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Schedule C
Animal
Protection Regulations
Penalties
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8(1)
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Cutting or permitting to be
cut the solid part of the tail of a dog, sheep or other animal excluding
horse
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100
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250
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500
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9(1)
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Performing cosmetic surgery
on animal
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100
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250
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500
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10(1)
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Performing onychectomy
(declawing) in a cat
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100
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250
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500
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11(1)
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Using a prohibited chemical
method of euthanasia
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100
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250
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500
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11(2)
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Using
a prohibited mechanical method of euthanasia
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100
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250
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500
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15
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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
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100
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250
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500
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16(1)
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Pet
retail store owner or operator carrying out a prohibited sale of a dog
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100
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250
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500
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16(2)
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Pet retail store owner or operator carrying out a prohibited
sale of a cat
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100
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250
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500
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Schedule D
Animal
Protection Standards Regulations
Penalties
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4(2)
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Non-compliance with requirements
in Code of Practice (livestock owner)
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100
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250
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500
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4(3)
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Non-compliance with requirements
in Code of Practice (owner or operator of place where livestock kept)
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100
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250
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500
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5(3)
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Non-compliance
with requirements in Code of Practice (dairy cattle owner)
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100
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250
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500
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5(4)
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Non-compliance
with requirements in Code of Practice (owner or operator of place where dairy
cattle kept)
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100
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250
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500
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6(4)
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Non-compliance with requirements
in Code of Practice (kennel)
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100
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250
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500
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7(4)
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Non-compliance with requirements in Code of Practice
(cattery)
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100
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250
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500
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8(2)
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Non-compliance
with requirements in Code of Practice (mink)
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100
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250
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500
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9(2)
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Non-compliance with requirements
in Code of Practice (fox)
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100
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250
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500
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10(2)
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Non-compliance with requirements in adopted Canadian
Council on Animal Care code or standard
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100
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250
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500
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11(2)
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Non-compliance with requirements
in Manual (circus)
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100
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250
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500
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11(3)
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Failure of circus owner or
operator to provide written record
|
100
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250
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500
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12(2)
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Non-compliance with requirements
in Guidelines (pet retail store)
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100
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250
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500
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13(1)
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Non-compliance with standards
in Schedule B (dog owner)
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100
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250
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500
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13(2)
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Non-compliance with
standards in Schedule B (kennel)
|
100
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250
|
500
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14(1)
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Failure to provide attention
or care to sled dog (sled dog owner)
|
100
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250
|
500
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14(2)
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Failure to provide attention
or care to sled dog (kennel)
|
100
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250
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500
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Schedule E
Animal
Reportable Diseases Regulations
Penalties
Schedule F
Fur
Farming Regulations
Penalties
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5
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Failure to maintain fur farm
or captive fur bearing animal as required
|
100
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250
|
500
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6
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Failure to construct or maintain
a protective barrier as required
|
100
|
250
|
500
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7
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Failure to remove snow
immediately inside and outside a protective barrier
|
100
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250
|
500
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8
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Failure to report escape of captive fur bearing
animal
|
100
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250
|
500
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9
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Failure to recapture captive
fur bearing animal as required
|
100
|
250
|
500
|
9(4)
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Failure to destroy or
dispose of recaptured captive fur bearing animal as required
|
100
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250
|
500
|
13
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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
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14(2)
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Failure
to adhere to requirements while licence is suspended
|
100
|
250
|
500
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15(1)
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Operation of fur farm
without permission while licence is cancelled
|
100
|
250
|
500
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15(2)
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Failure to adhere to requirements
while licence is cancelled
|
100
|
250
|
500
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17
|
Failure to permit inspection
of fur farm
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100
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250
|
500
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Schedule G
Newfoundland Pony Regulations
Penalties
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3
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Disposal of record filed
with Registry of Newfoundland Ponies
|
50
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100
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250
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