NEWFOUNDLAND AND
LABRADOR
REGULATION 34/12
Animal Health and Protection Ticket Offences Regulations
under the
Animal Health and Protection Act
(O.C. 2012-102)
Amended:
65/25
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.
34/12 s1
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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 the person’s disability.
34/12 s2; 65/25 s1
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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.
34/12 s3
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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.
34/12 s4
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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.
34/12 s5
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Commencement
6.
These regulations come into force on May 2, 2012.
34/12 s6
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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, other than a service animal, to be in distress
|
300
|
750
|
1500
|
18(1)
|
Causing a service animal to be in distress
|
750
|
1500
|
3000
|
18(2)
|
Owner permitting animal to be in distress
|
300
|
750
|
1500
|
19
|
Harming or causing harm to animal used for law enforcement purposes
|
750
|
1500
|
3000
|
20(a)
|
Maintaining or keeping an animal for the purpose of fighting
|
750
|
1500
|
3000
|
20(b)
|
Allowing or permitting an animal to be used for the purpose of fighting
|
750
|
1500
|
3000
|
21
|
Transporting or permitting to be transported an animal in a motor vehicle outside passenger compartment and not confining or securing the animal
|
300
|
750
|
1500
|
22
|
Confining or permitting to be confined an animal in an enclosed space, including motor vehicle, without adequate ventilation
|
300
|
750
|
1500
|
23(1)
|
Transporting or permitting to be transported an animal in the trunk of a motor vehicle
|
300
|
750
|
1500
|
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
|
300
|
750
|
1500
|
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
|
300
|
750
|
1500
|
25
|
Cutting or permitting to be cut the solid part of the tail of a horse
|
300
|
750
|
1500
|
26
|
Cutting or cropping or permitting to be cut or cropped the ear of a dog
|
300
|
750
|
1500
|
26.1
|
Declawing a cat or permitting the declawing of a cat
|
300
|
750
|
1500
|
|
27(1)(a)
|
Failure of veterinarian to promptly report to the Chief Veterinary Officer
|
300
|
750
|
1500
|
27(1)(b)
|
Failure of veterinarian to provide information requested by the Chief Veterinary Officer
|
300
|
750
|
1500
|
28(1)
|
Failure of person who, while operating bicycle or motor vehicle, injures an animal, to stop and provide care and attention to animal
|
300
|
750
|
1500
|
28(2)
|
Failure of person who, while operating a bicycle or motor vehicle, kills an animal, to notify inspector or to provide the information required by the inspector
|
300
|
750
|
1500
|
31
|
Permitting a companion animal or livestock to cause a hazard
|
300
|
750
|
1500
|
32(1)
|
Failure of owner to
keep dog safely contained
|
300
|
750
|
1500
|
33
|
Permitting livestock to run at large
|
300
|
750
|
1500
|
|
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)
|
300
|
750
|
1500
|
|
49(1)
|
Destroying, interfering with or disposing a heritage animal
|
300
|
750
|
1500
|
55(3)
|
Owning or operating an establishment, or breeding or keeping an animal without a licence
|
150
|
300
|
750
|
56(4)
|
Making a false statement of fact or misrepresenting a fact or circumstance in an application or document submitted to minister
|
150
|
300
|
750
|
58(3)
|
Failure of licensee to comply with terms, conditions and restrictions to which licence is subject
|
150
|
300
|
750
|
60
|
Failure of licensee to produce licence for inspection when requested
|
300
|
750
|
1500
|
63(a)
|
Failure of licensee to notify minister of change of address for service
|
150
|
300
|
750
|
63(b)
|
Failure of licensee to notify minister of change in partners
|
150
|
300
|
750
|
63(c)
|
Failure of licensee to notify minister of change in directors
|
150
|
300
|
750
|
64(1)
|
Failure of licensee to file annual return
|
150
|
300
|
750
|
64(2)
|
Failure of licensee to include information required by the minister in annual return
|
150
|
300
|
750
|
71.1
|
Failure of person to comply with order of inspector
|
300
|
750
|
1500
|
|
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
|
300
|
750
|
1500
|
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
|
300
|
750
|
1500
|
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
|
300
|
750
|
1500
|
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
|
300
|
750
|
1500
|
75(a)
|
Obstructing or interfering with an inspector or other person engaged in the execution of the Act or the regulations
|
300
|
750
|
1500
|
75(b)
|
Providing an inspector or other person engaged in the execution of the Act or the regulations with false information
|
300
|
750
|
1500
|
65/25 s2
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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)
|
Failure to comply with an order under subsection 3(1) (disposal of animal)
|
300
|
750
|
1500
|
3(7)(b)
|
Failure to comply with an order under subsection 3(2) (destruction or disposal of a thing)
|
300
|
750
|
1500
|
3(7)(c)
|
Failure to comply with an order under subsection 3(3) (destruction of animal)
|
300
|
750
|
1500
|
4(2)
|
Failure to comply with an order under subsection 4(1) (detention on entry)
|
300
|
750
|
1500
|
5(7)
|
Failure to comply with an order under subsection 5(1) (quarantine)
|
300
|
750
|
1500
|
6(1)
|
Failure to obtain permit to import honeybees or hives
|
300
|
750
|
1500
|
6(3)
|
Failure to comply with terms and conditions of permit
|
300
|
750
|
1500
|
7(1)
|
Failure to have certificate respecting honeybees or hives as required
|
300
|
750
|
1500
|
7(2)
|
Failure to ensure honeybees and hives are not exposed to other honeybees or hives during shipment
|
300
|
750
|
1500
|
7(3)
|
Failure to quarantine honeybees or hives
|
300
|
750
|
1500
|
7(4)
|
Moving quarantined honeybees or hives
|
300
|
750
|
1500
|
7(5)
|
Failure to report illness or death of imported honeybees
|
300
|
750
|
1500
|
7(7)
|
Failure to comply with an order under subsection 7(6) respecting honeybees or hives
|
300
|
750
|
1500
|
8(1)
|
Failure to transport, detain, maintain or keep animal as required
|
300
|
750
|
1500
|
8(4)
|
Failure to comply with an order under subsection 8(3) (clean or disinfect place)
|
300
|
750
|
1500
|
9(1)
|
Removal or release of animal from place of detention without permission
|
300
|
750
|
1500
|
9(2)
|
Removal or release of animal or honeybee hive from quarantine without prior authority
|
300
|
750
|
1500
|
10(1)
|
Sale of antibiotic for animal use without a prescription
|
300
|
750
|
1500
|
65/25 s3
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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
|
300
|
750
|
1500
|
9(1)
|
Performing cosmetic surgery on animal
|
300
|
750
|
1500
|
11(1)
|
Using a prohibited chemical method of euthanasia
|
300
|
750
|
1500
|
11(2)
|
Using a prohibited mechanical method of euthanasia
|
300
|
750
|
1500
|
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
|
300
|
750
|
1500
|
16(1)
|
Pet retail store owner or operator carrying out a prohibited sale of a dog
|
300
|
750
|
1500
|
16(2)
|
Pet retail store owner or operator carrying out a prohibited sale of a cat
|
300
|
750
|
1500
|
65/25 s4
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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)
|
Failure of livestock owner to comply with requirements in Code of Practice
|
300
|
750
|
1500
|
4(3)
|
Failure of owner or operator of place where livestock kept to comply
with requirements in Code of Practice
|
300
|
750
|
1500
|
5(3)
|
Failure of dairy cattle owner to comply with requirements in Code of Practice
|
300
|
750
|
1500
|
5(4)
|
Failure of owner or operator of place where dairy cattle kept to comply
with requirements in Code of Practice
|
300
|
750
|
1500
|
6(2)
|
Failure of owner or operator of kennel to comply with requirements in Code of Practice
|
300
|
750
|
1500
|
7(4)
|
Failure of owner or operator of cattery to comply with requirements in Code of Practice
|
300
|
750
|
1500
|
8(2)
|
Failure of an owner or operator of fur farm to comply with requirements in Code of Practice (mink)
|
300
|
750
|
1500
|
9(2)
|
Failure of an owner or operator of fur farm to comply with requirements in Code of Practice (fox)
|
300
|
750
|
1500
|
10(2)
|
Failure to comply with requirements in adopted Canadian Council on Animal Care code or standard
|
300
|
750
|
1500
|
11(2)
|
Failure of owner or operator of circus to comply with requirements in Standards
|
300
|
750
|
1500
|
11(3)
|
Failure of owner or operator of circus to provide written record
|
300
|
750
|
1500
|
12(2)
|
Failure of owner or operator of pet retail store to comply with requirements in Guidelines
|
300
|
750
|
1500
|
13(1)
|
Failure of dog owner to comply with standards in Schedule B
|
300
|
750
|
1500
|
13(2)
|
Failure of an owner or operator of kennel to comply with standards in Schedule B
|
300
|
750
|
1500
|
14(1)
|
Failure of sled dog owner to provide attention or care to sled dog
|
300
|
750
|
1500
|
14(2)
|
Failure of owner or operator of kennel to provide attention or care to sled dog
|
300
|
750
|
1500
|
65/25 s5
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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 disease to Chief Veterinary Officer
|
300
|
750
|
1500
|
3(2)
|
Failure of veterinarian to report
disease to Chief Veterinary Officer
|
300
|
750
|
1500
|
3(3)
|
Failure of laboratory to report disease to Chief Veterinary Officer
|
300
|
750
|
1500
|
65/25 s6
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Schedule F
Fur Farming Regulations
Penalties
|
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
|
300
|
750
|
1500
|
6
|
Failure to construct or maintain a protective barrier as required
|
300
|
750
|
1500
|
7
|
Failure to construct or maintain a protective barrier as required (mink farm)
|
300
|
750
|
1500
|
8
|
Failure to remove snow immediately inside and outside a protective barrier
|
300
|
750
|
1500
|
9
|
Failure to report escape of captive fur bearing animal
|
300
|
750
|
1500
|
10
|
Failure to recapture captive fur bearing animal as required
|
300
|
750
|
1500
|
10(4)
|
Failure to recapture, attempt to recapture, destroy or dispose of recaptured captive fur bearing animal as required
|
300
|
750
|
1500
|
11(4)
|
Failure to recapture, attempt to recapture, destroy or dispose of recaptured captive fur bearing animal as required
|
300
|
750
|
1500
|
14
|
Releasing or permitting the escape of, or attempting to release or permit the escape of, a captive fur bearing animal
|
300
|
750
|
1500
|
15(1)
|
Operation of fur farm without permission while licence is suspended
|
300
|
750
|
1500
|
15(2)
|
Failure to adhere to requirements while licence is suspended
|
300
|
750
|
1500
|
16(1)
|
Operation of fur farm without permission while licence is cancelled
|
300
|
750
|
1500
|
16(2)
|
Failure to adhere to requirements while licence is cancelled
|
300
|
750
|
1500
|
18
|
Failure to permit inspection of fur farm
|
300
|
750
|
1500
|
65/25 s7
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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
|
150
|
300
|
750
|
34/12 Sch; 65/25 s8
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