NLR 34/12 - Animal Health and Protection Ticket Offences Regulations under the Animal Health and Protection Act

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.

34/12 s2

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.

34/12 s3

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.

34/12 s4

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.

34/12 s5

Commencement

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

34/12 s6

Schedule A

Animal Health and Protection Act

Penalties

	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

	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

	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

	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

	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

34/12 Sch
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