Alberta Statute — SA 2026, c. 6 (unproclaimed)

SA 2026, c. 6 (unproclaimed)

Alberta — Consolidated Statutes

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Chapter 6 ANIMAL PROTECTION AMENDMENT ACT, 2026

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1 ANIMAL PROTECTION AMENDMENT ACT, 2026

Chapter 6 HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cA-41 1 The Animal Protection Act is amended by this Act. 2

Section 1 is amended (

a) in subsection (1) (

i) by repealing clause (b); (ii) by repealing clause (

c) and substituting the following: (c) “caretaker” means a peace officer agency or an individual, corporation or other legal entity recognized under the laws of Alberta that, in the opinion of a peace officer, has appropriate premises in which to keep an animal and agrees to care for the animal in accordance with this Act; (c.1) “corporation” means a corporation or other corporate entity, however incorporated; (iii) in clause (

d) by striking out “section” and substituting “sections 10, 10.2, 10.3 and”; (iv) by repealing clause (e); (

v) by repealing clause (

g) and substituting the following: (g) “peace officer” means (

i) a peace officer appointed under the Peace Officer Act for the purposes of this Act, or

Section 2

Chapter 6 2 ANIMAL PROTECTION AMENDMENT ACT, 2026 (ii) a police officer under the Police Act; (g.1) “peace officer agency” means (

i) an authorized employer as defined in

section 1(

a) of the Peace Officer Act that employs or engages one or more peace officers who are appointed under that Act for the purposes of this Act, or (ii) a police service as defined in

section 1(

l) of the Police Act; (g.2) “person responsible for an animal” means a person who (

i) owns an animal, (ii) has custody or control of an animal, (iii) has guardianship of a minor who is the owner of an animal, or (iv) is a person prescribed by the regulations or in a class of persons prescribed by the regulations as a person responsible for an animal; (g.3) “prohibition order” means an order issued under

section 12(6) or (7), granted under

section 13.1 or deemed by

section 12.1(1) to have been issued or granted under this Act prohibiting, limiting or placing conditions on a person from owning, having custody or control of or residing with an animal, a specified animal, a specified type of animal, specified types of animals or a specified number of animals for any period, including indefinitely or for life; (

b) by repealing subsection (2)(

a) to (

c) and substituting the following: (

a) deprived of adequate food, water or veterinary care, (

b) deprived of adequate shelter, ventilation or space, appropriate light or reasonable protection from injurious heat or cold, (

c) confined in unsanitary conditions that over time will impair the animal’s health, (

d) injured, sick, in pain or suffering,

Section 3

Chapter 6 3 ANIMAL PROTECTION AMENDMENT ACT, 2026 (

e) abused or subjected to undue hardship, privation or neglect, (

f) deprived of adequate opportunity for exercise, movement or the expression of natural behaviours needed for long-term health, (

g) exposed to conditions that cause undue or prolonged fear, anxiety or frustration, or (

h) subjected to conditions set out in the regulations. (

c) by adding the following after subsection (2):

(3) A reference in this Act to the exercise of a power or performance of a duty by a peace officer agency means the peace officer agency that employs or engages the peace officer that dealt with an animal under this Act. 3

Section 2 is amended (

a) by repealing subsection (1) and substituting the following: Prohibition against causing distress 2(1) No person responsible for an animal shall cause or permit the animal to be or to continue to be in distress. (

b) by repealing subsection (2) and substituting the following:

(2) This

section does not apply if the distress results from (

a) an activity carried ou t in accordance with the regulations, (

b) subject to the regulations, an activity carried out in accordance with reasonable and generally accepted practices of animal care, animal management, animal husbandry, hunting, fishing, trapping, pest control or slaughter, or (

c) subject to the regulations , the use of an animal in a sporting activity, including chuckwagon racing and rodeo, that is carried out in accordance with reasonable and generally accepted practices. 4

Section 2.1 is repealed and the following is substituted:

Section 5

Chapter 6 4 ANIMAL PROTECTION AMENDMENT ACT, 2026 Animal care duties 2.1 Subject to the regulations, a person responsible for an animal, having regard to the animal’s species, type, breed, age and life stage, must fulfil the following duties: (

a) ensure that the animal has adequate food and water; (

b) provide the animal with (

i) sanitary conditions, (ii) appropriate light, and (iii) adequate opportunity for exercise, movement and the expression of natural behaviours needed for long-term health; (

c) transport the animal in a manner that ensures the animal’s physical safety and minimizes the potential for distress to result; (

d) provide the animal with adequate care when the animal is wounded or ill; (

e) provide the animal with reasonable protection from injurious heat or cold having regard to prior acclimatization of the animal; (

f) provide the animal with ad equate shelter, ventilation and space; (

g) minimize distress or anxiety of the animal during slaughter or killing; (

h) comply with any additional duties set out in the regulations. 5

Section 3 is repealed and the following is substituted: Relief of distress by peace officer 3(1) In this section, “justice” means a judge of the Court or a justice of the peace under the Justice of the Peace Act.

(2) A peace officer may take an action referred to in subsection (3) if an animal is in distress or a peace officer is of the opinion, on reasonable grounds, that an animal will become distressed if a peace officer does not act promptly, and (

a) a peace officer is of the op inion, on reasonable grounds, that the person responsible for the animal is not likely to

Section 5

Chapter 6 5 ANIMAL PROTECTION AMENDMENT ACT, 2026 ensure that the animal’s distress is relieved or prevented or will continue to be relieved or prevented, or (

b) the person responsible for the animal cannot be found immediately and informed that the animal is in distress or will become distressed.

(3) A peace officer may take any action the peace officer considers necessary to locate the animal and relieve or prevent its distress, including (

a) subject to the regulations, issuing a corrective action order, including any terms and conditions the peace officer considers appropriate, (

b) taking custody of the an imal in accordance with the regulations, and (

c) arranging for transportation and care for the animal, if necessary.

(4) To take an action referred to in subsection (3), a peace officer may enter any land, vehicle or place, but may only do so in accordance with

section 4 or 10.

(5) Subject to subsection (6), a peace officer who takes custody of an animal under subsection (3)(

b) shall deliver the animal to a caretaker.

(6) If a peace officer takes custody of an animal under subsection (3)(

b) and, in the opinion of a peace officer, it is not appropriate or practical at that time to remove the animal from the premises where the animal is located, the person responsible for the animal and a peace officer may agree, in writing, to keep the animal on the premises until such time as a peace officer considers it practical to remove the animal.

(7) The agreement may contain terms or conditions for the care of the animal, including that a peace officer or person specified in the agreement may access the premises at any reasonable time to provide care for the animal.

(8) Subject to the regulations, an agreement may be terminated by either party to the agreement on notice.

(9) A peace officer agency may apply to a justice, (

a) if a person responsible for an animal that has been taken into custody under subsection (3)(

b) refuses to agree to keep the animal on the premises where the animal is

Section 5

Chapter 6 6 ANIMAL PROTECTION AMENDMENT ACT, 2026 located, for an order directing that the animal must be kept on those premises and containing terms and conditions for the care of the animal, including that a peace officer or another person specified by a peace officer may access the premises at a reasonable time to provide care for the animal, or (

b) if the person referred to in subsection (6) fails to comply with terms or conditions included in the agreement, for an order directing the person to comply with those terms and conditions.

(10) On an application under subsection (9), the justice may issue an order with any terms and conditions the justice considers appropriate.

(11) If a peace officer has taken custody of an animal in accordance with subsection (3)(

b) and has maintained the animal on the premises under subsection (6) or (10), no person shall sell, assign or move the animal without the direction of a peace officer.

(12) A peace officer may humanely destroy an animal or cause the animal to be humanely destroyed, and the owner of the animal is liable for the costs of destroying and disposing of it, if the animal is found to be in such distress that, in the opinion of the following, the animal cannot be relieved of its distress with reasonable treatment and live without undue suffering: (

a) a registered veterinarian; (

b) if a registered veterinarian is not readily available, the peace officer. Humane destruction of animal by registered veterinarian 3.1 A registered veterinarian may humanely destroy an animal if (

a) the animal is in distress, (

b) the owner of the animal ca nnot be found immediately, or the registered veterinarian reasonably believes that (

i) there is no owner, or (ii) the owner has abandoned the animal, a n d

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Chapter 6 7 ANIMAL PROTECTION AMENDMENT ACT, 2026 (

c) in the registered veterinarian’s opinion, humane destruction is the most appropriate course of action because (

i) immediate veterinary treatment cannot prolong the animal’s life, or (ii) prolonging the animal’s life would result in undue suffering. 6

Section 4(1) and (2) are amended by striking out “reasonable and probable” and substituting “reasonable”. 7 The following is added after

section 4: Power to stop vehicles 4.01(1) If a peace officer has a reasonable suspicion that an animal may be in distress or is being transported in contravention of this Act, the officer may signal or otherwise order a person operating a vehicle that is transporting or reasonably suspected to be transporting an animal to stop the vehicle immediately or move the vehicle to a particular location and then stop it.

(2) A person who receives a signal or order shall immediately comply with that signal or order and shall not proceed until otherwise allowed by the peace officer or until the end of a period that is reasonably necessary to enable a peace officer to conduct inquiries.

(3) A peace officer acting under the authority of this

section shall, on request, produce the peace officer’s certificate of appointment to the owner or occupant of the vehicle. Production of animal to peace officer 4.02(1) A peace officer may, at any reasonable time, require the owner or occupant of a private dwelling house to produce an animal so that the officer may examine it and assess its condition if (

a) the officer, on reasonable grounds, believes that an animal is in distress in the private dwelling house, (

b) there is a corrective actio n order respecting the animal, or (

c) there is a prohibition order respecting the owner or occupant of the house.

Section 8

Chapter 6 8 ANIMAL PROTECTION AMENDMENT ACT, 2026

(2) The owner or occupant must comply with the requirement immediately. Requirement to assist 4.03 When a peace officer has entered any land, vehicle or place in accordance with

section 4, any person present must give the peace officer reasonable assistance, including by identifying themself and, if known, the person responsible for the animal. 8

Section 4.1 is amended (

a) in subsection (1) (

i) by striking out “includes” and substituting “means”; (ii) by repealing clauses (

b) and (

c) and substituting the following: (

b) is left for 4 days or more after the expected retrieval time from a person who agreed to care for it, (

c) is found on premises after the occupant has sold or vacated the premises, (

d) is left uncared for as a result of the arrest, hospitalization or death of the person responsible for it, (

e) in the reasonable opinion of a peace officer, has been abandoned, or (

f) is considered to be abandoned under the regulations. (

b) in subsection (3) (

i) by striking out “pursuant to” and substituting “under”; (ii) by striking out “humane society or”; (

c) by adding the following after subsection (3):

(4) No person shall abandon an animal in a manner that could reasonably be anticipated to cause the animal to be in distress. 9

Section 5 is amended (

a) by repealing subsection (1) and substituting the following:

Section 10

Chapter 6 9 ANIMAL PROTECTION AMENDMENT ACT, 2026 Provision of care 5(1) Where a peace officer has taken custody of an animal under this Act, the peace officer agency may direct the care of the animal notwithstanding that the animal has been delivered to a caretaker or is kept on the premises where the animal is located under

section 3(6) or (10). (

b) in subsection (3) by striking out “A humane society to which or a caretaker to whom an animal is delivered under

section 3(2) or 4.1(3)” and substituting “A peace officer agency in respect of an animal taken into custody under this Act”; (

c) in subsection (4) by striking out “A humane society or a caretaker” and substituting “Subject to the regulations, a peace officer agency”. 10

Section 6 is repealed and the following is substituted: Duty to locate owner 6 If a peace officer takes custody of an animal under

section 3(3)(

b) or 4.1(2), the peace officer shall (

a) take reasonable steps to locate the owner of the animal, and (

b) notify the owner of the actions taken in respect of the animal. 11

Section 7 is amended (

a) by repealing subsection (1) and substituting the following: Sale or gift of animal 7(1) An animal that a peace officer takes into custody under

section 3(3)(

b) or 4.1(2) may be sold or given to a person by the peace officer agency, and the animal becomes the property of the person to whom it is sold or given, if the owner of the animal (

a) is unable to be located or notified within 7 days after the date on which the animal was taken into custody, or (

b) is located and notified but does not, within 7 days after the date on which the animal was taken into custody, pay the expenses incurred in respect of the animal under

section 3 or 4.1(2) and

section 5 or enter into an

Section 12

Chapter 6 10 ANIMAL PROTECTION AMENDMENT ACT, 2026 agreement for the payment of the expenses that is satisfactory to the peace officer agency that incurred the expenses. (

b) by repealing subsection (2); (

c) in subsection (3)(

b) by striking out “3(1) or 4.1” and substituting “3 or 4.1(2)”; (

d) by repealing subsection (4 )(

a) and (

b) and substituting the following: (

a) paid to the former owner of the animal if the former owner makes a claim for the balance of the sale proceeds within 60 days of the date of the sale, or (

b) held by the Minister for a period of one year after the date of the sale if the former owner does not make a claim within 60 days of the date of the sale. 12

Section 8 is repealed and the following is substituted: Humane destruction of animal 8 A peace officer agency, in respect of an animal that has been taken into custody under

section 3(3)(b), 4.1(2) or 13.3(1), may humanely destroy the animal or cause the animal to be humanely destroyed if it has not been claimed by its owner and, in the opinion of the peace officer or peace officer agency, the animal is unsuitable or unlikely to be sold or given away in accordance with

section 7 or 13.3. 13

Section 9 is repealed. 14

Section 10 is repealed and the following is substituted: Inspections 10(1) In this

section and

section 10.1, “vehicle” means a commercial vehicle as defined in

section 1(1)(

h) of the Traffic Safety Act.

(2) Subject to subsection (3), a peace officer and a person assisting a peace officer conducting an inspection for the purposes of ensuring compliance with this Act or the regulations, and any regulations prescribing standards for vehicles used to transport animals, may enter without a warrant at any reasonable time

Section 14

Chapter 6 11 ANIMAL PROTECTION AMENDMENT ACT, 2026 (

a) any land, vehicle or place where animals are kept for sale, adoption, hire or exhibition, (

b) any land, vehicle or place where services are provided with respect to an animal, including boarding, grooming and training facilities, (

c) any land or place where an imals are held for assembly or slaughter for which a licence is required, whether or not a licence was obtained, (

d) any land, vehicle or place used to facilitate the sale or transfer of animals, (

e) any vehicle used to transport animals, or (

f) any other land, vehicl e or place prescribed by the regulations.

(3) Before entering a private dwelling house to exercise powers and perform duties under this section, the peace officer must obtain (

a) the consent of the owner or occupant of the private dwelling house, or (

b) an order from a judge of the Court of King’s Bench.

(4) In order to conduct an inspection, a peace officer may signal or otherwise order a person operating a vehicle to stop it immediately or to move the vehicle to a particular location and then stop it, and that person shall immediately comply with that signal or order and shall not proceed until otherwise allowed by the peace officer or until the end of a period that is reasonably necessary to enable an officer to conduct inquiries.

(5) A peace officer may detain the vehicle for a reasonable period pending the carrying out of an inspection.

(6) A peace officer acting under the authority of this

section shall, on request, produce the peace officer’s certificate of appointment to the owner or occupant of any land, vehicle or place entered under subsection (2). Inspection powers 10.1(1) In carrying out an inspection in accordance with

section 10, a peace officer may (

a) require a person on the la nd or in a vehicle or place to produce for examination any records or other

Section 14

Chapter 6 12 ANIMAL PROTECTION AMENDMENT ACT, 2026 documents, including electronic records or documents, related to animals that are present, have been present or are expected to be present on the land or in the vehicle or place and make copies of them or temporarily remove them for the purpose of making copies, (

b) use any computer hardware or software to obtain readings or other information related to animals, (

c) require any person on the land or in a vehicle or place to answer all questions related to animals put to the person by the officer concerning the animals that are present, have been present or are expected to be present on the land or in the vehicle or place, (

d) exclude persons other than the person being questioned, except that person’s counsel, when the person is being questioned, (

e) examine and take samples and specimens from, and require tests to be performed on or samples taken from, animal carcasses, animals or their food or water found on the land or in a vehicle or place, or from the land, vehicle or place, (

f) remove an animal carcass from the land or a vehicle or place for examination and testing, (

g) photograph or otherwise record anything on the land or in a vehicle or place that the peace officer considers relevant, (

h) require any person on the land or in a vehicle or place to provide reasonable assistance to a peace officer who is exercising powers and performing duties under this section, (

i) require any person on the land or in a vehicle or place to produce an animal or animal identification, and (

j) require any person on the land or in a vehicle or place to demonstrate a skill or the operation of a device.

(2) When a peace officer removes an animal carcass from any land, vehicle or place, the person responsible for that animal has no right in or claim to the carcass or the value of the carcass, if any.

Section 14

Chapter 6 13 ANIMAL PROTECTION AMENDMENT ACT, 2026 Inspections re orders 10.2(1) Subject to subsections (2) and (3), a peace officer, at any reasonable time and where reasonably required to determine compliance with a corrective action order or prohibition order, may (

a) enter and inspect any land , vehicle or place in which the peace officer, on reasonable grounds, believes there is or may be an animal, structure, supply of food or water, shelter, enclosure, area, document, record or other thing to which the order applies, (

b) inspect, test or examine th e structure, supply of food or water, shelter, enclosure, area, document, record or other thing, and (

c) view or conduct an examination of an animal.

(2) Subject to subsection (3), before entering a private dwelling house to exercise powers and perform duties under this section, the peace officer must (

a) obtain the consent of the owner or occupant of the private dwelling house, or (

b) obtain an order from a judge of the Court of King’s Bench.

(3) A peace officer may enter a private dwelling house in accordance with the terms of a prohibition order. Court orders 10.3(1) If the consent required under

section 10(3)(

a) or 10.2(2)(

a) is refused or cannot reasonably be obtained, a judge of the Court of King’s Bench may, on the application of a peace officer, issue an order that authorizes the peace officer to enter the private dwelling house to enable the peace officer to exercise the powers and perform the duties under

section 10.1(1) or 10.2(1).

(2) If any person interferes with or hinders a peace officer who is attempting to exercise the powers and perform the duties of a peace officer under

section 10, 10.1 or 10.2, a judge of the Court of King’s Bench may, on the application of the peace officer, issue an order (

a) restraining any person from interfering with or hindering a peace officer in exercising the powers and performing the duties of a peace officer under

section 10, 10.1 or 10.2, and

Section 15

Chapter 6 14 ANIMAL PROTECTION AMENDMENT ACT, 2026 (

b) directing the person to do or refrain from doing anything as the judge considers necessary in order to enable the peace officer to exercise the powers and perform the duties of a peace officer under

section 10, 10.1 or 10.2.

(3) An application under this

section may be made without notice if the judge considers it appropriate in the circumstances. 15

Section 11 is amended by adding “, including by knowingly making a false or misleading statement or producing false information” after “regulations”. 16 The following is added after

section 11: Frivolous or vexatious complaint 11.1 No person shall make a frivolous or vexatious complaint to a peace officer respecting an alleged contravention of this Act, the regulations or the conditions of an order issued under this Act. 17

Section 12 is repealed and the following is substituted: Offences 12(1) A person who contravenes this Act, the regulations or a prohibition order is guilty of an offence and liable to a fine of not more than $250 000, to imprisonment for up to 12 months or to a fine and imprisonment.

(2) If a person is found guilty of an offence under this Act and the Court is satisfied that as a result of the commission of the offence monetary benefits accrued to the offender, the Court may order the offender to pay, in addition to a fine under subsection (1), a fine in an amount equal to the Court’s estimation of the amount of those monetary benefits.

(3) Every person who is guilty of an offence under this Act is liable on conviction for each day or part of a day on which the offence occurs or continues.

(4) A fine imposed on a conviction for an offence involving more than one animal may be calculated in respect of each animal as though it had been the subject of a separate offence.

(5) A prosecution for an offence referred to in subsection (1) may not be commenced more than 2 years after the date on which evidence of the offence first came to the attention of a peace officer.

Section 17

Chapter 6 15 ANIMAL PROTECTION AMENDMENT ACT, 2026

(6) If a person is found guilty of an offence under this Act, the Court may issue a prohibition order to the person for a period the Court considers appropriate.

(7) If a corporation is found guilty of an offence under this Act, the Court may issue a prohibition order to a director or officer of the corporation for a period the Court considers appropriate, even if the director or officer has not been convicted of an offence under this Act.

(8) A prohibition order issued under subsection (6) or (7) may include (

a) the manner of and time for complying with the order, (

b) a direction that ownership of any animals owned by, in the custody or control of, or residing with the person at the time the order is issued shall be transferred to another person, (

c) permission for a peace offi cer to enter and inspect land, a vehicle or a place, including a private dwelling house, without a warrant to ensure compliance with the order, (

d) a requirement that the pe rson provide a peace officer agency with a current residential address, (

e) the specific animal, specific type of animal, specific types of animals and specific number of animals the person is permitted to own, have custody or control of or reside with, (

f) whether and at what age any offspring of the animals permitted are counted within the number of animals permitted under clause (e), (

g) requirements for specific care or management of an animal, including (

i) requirements for routine veterinary care or assessment and for the person to consent to related medical records to be shared with a peace officer agency, or for veterinary reports to be prepared for the peace officer agency, and (ii) requirements related to the sterilization of the animal, (

h) conditions restricting, limiting or specifying the person’s ability to apply to have the prohibition order varied in accordance with subsection (9), including that the person

Section 18

Chapter 6 16 ANIMAL PROTECTION AMENDMENT ACT, 2026 may not apply to have the order varied for a specified period, and (

i) any other terms or conditions that the Court considers appropriate.

(9) On application, the Court may vary a prohibition order issued under subsection (6) or (7), subject to any conditions or restrictions stated in the order, if the person subject to the order can present evidence to demonstrate to the satisfaction of the Court that conditions or circumstances that made the issuing of the order appropriate have changed and that a variation will not create undue risk of animals becoming distressed. 18 The following is added after

section 12: Recognition of prohibition orders from other provinces 12.1(1) Subject to the regulations, an order of a court in another Canadian province or territory prohibiting, limiting or placing conditions on a person from owning, having custody or control of or residing with an animal, a specified animal, a specified type of animal, specified types of animals or a specified number of animals made under the legislation of that province or territory is deemed to be a prohibition order issued or granted under this Act and is enforceable in the same manner as a prohibition order issued or granted under this Act.

(2) An order deemed by subsection (1) to be an order issued or granted under this Act may not be varied. Vicarious responsibility 12.2 For the purposes of this Act,

an act or thing done or omitted to be done by a director, officer, employee or agent of a corporation in the course of that person’s employment or in the exercise of that person’s powers or the performance of that person’s duties is deemed also to be

an act or thing done or omitted to be done by the corporation. Liability of directors and officers 12.3 Where a corporation commits an offence under this Act, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted for or convicted of the offence. 19

Section 13 is repealed and the following is substituted:

Section 19

Chapter 6 17 ANIMAL PROTECTION AMENDMENT ACT, 2026 Order of custody 13(1) A peace officer agency may apply to the Court of King’s Bench for an order granting custody of an animal to a peace officer agency if a charge has been laid with respect to an offence under

section 12.

(2) The peace officer agency granted custody of the animal may retain that custody pending the outcome of proceedings under

section 12, notwithstanding that the owner of the animal (

a) has paid expenses incurr ed in respect of the animal under

section 3 or 4.1(2) and

section 5, and (

b) requests the peace officer agency to return the animal.

(3) An order under this

section may include (

a) a requirement for an owner to pay the expenses incurred in respect of the animal under

section 3 or 4.1(2) and

section 5 within a specified period, (

b) a requirement for an owner to pay the ongoing expenses for the care of the animal to be kept in custody in advance or at intervals specified in the order, (

c) permission for the sale or gift of the animal to a person, or the humane destruction of the animal, by the agency granted its custody if the owner fails to comply with the terms specified in the order, and (

d) any other terms or conditions that the Court considers appropriate. Prohibition orders 13.1(1) Subject to subsection (2), a peace officer agency or any person prescribed in the regulations may apply, on notice to a person, to the Court for a prohibition order in respect of the person.

(2) An order under this

section may be granted if the Court determines that (

a) an animal has been (

i) taken into custody under

section 3(3)(

b) from a person responsible for the animal, or (ii) voluntarily surrendered by a person responsible for the animal to a peace officer,

Section 19

Chapter 6 18 ANIMAL PROTECTION AMENDMENT ACT, 2026 (

b) at the time the animal was taken into custody or surrendered, the person was unable to fulfil the animal care duties under

section 2.1, (

c) the person is not able, or may not be able, to meet the animal care duties under

section 2.1 with respect to an animal, and (

d) the order should be granted to provide for the relief or prevention of distress to an animal.

(3) On an application under subsection (1), the Court may issue a prohibition order to the person for any period the Court considers appropriate.

(4) The application must be made in accordance with the regulations.

(5) A notice of the application must be given in accordance with the regulations.

(6) An order granted or issued under this

section may include the provisions referred to in

section 12(8).

(7) An order issued under subsection (3) must be served in accordance with the regulations on the person who is subject to the prohibition order. Variation of prohibition orders 13.2(1) A party that was granted a prohibition order under

section 13.1 may apply, with notice to the person subject to the order, to the Court for a variation of the order.

(2) A person that is subject to a prohibition order issued under

section 13.1(3) may apply, with notice to the peace officer agency or the person that was granted the order, and subject to any conditions or restrictions stated in the original order, for a variation of the order.

(3) On an application under subsection (1), the Court may vary the order if, in the opinion of the Court, varying the order is appropriate and will not create undue risk of animals becoming distressed.

(4) On an application under subsection (2), the Court may vary the order, subject to any conditions or restrictions stated in the order, if the person subject to the order can present evidence to demonstrate to the satisfaction of the Court that

Section 19

Chapter 6 19 ANIMAL PROTECTION AMENDMENT ACT, 2026 (

a) conditions or circumstances that made the issuing of the order appropriate have changed, and (

b) a variation will not create undue risk of animals becoming distressed.

(5) The application must be made in accordance with the regulations.

(6) Notice of the application must be given in accordance with the regulations.

(7) An order that varies a prohibition order must be served in accordance with the regulations on the person who is subject to the prohibition order. Animals kept contrary to a prohibition order 13.3(1) If a person owns, has custody or control of or resides with an animal contrary to a prohibition order, a peace officer may take custody of the animal in accordance with the regulations.

(2) If the animal is taken into custody and it appears to the peace officer that the animal is owned by a person other than the person subject to the prohibition order, the peace officer shall take reasonable steps to locate the owner of the animal and notify the owner of the actions taken in respect of the animal.

(3) An animal may be sold or given to a person by a peace officer agency, and the animal becomes the property of the person to whom it is sold or given, in the following circumstances: (

a) after taking steps to locate the owner of the animal, a peace officer determines that the person subject to the prohibition order owns the animal; (

b) a peace officer is unable to locate or notify the owner within 7 days after the date on which the animal was taken into custody; (

c) a peace officer locates an d notifies the owner but the owner does not, within 7 days after the date on which the animal was taken into custody, pay the expenses incurred in respect of the animal under subsection (1) and

section 5 or enter into an agreement for the payment of the expenses that is satisfactory to the peace officer agency that incurred the expenses.

Section 20

Chapter 6 20 ANIMAL PROTECTION AMENDMENT ACT, 2026

(4) The proceeds of a sale of an animal shall be disbursed in the following order of priority, on proof of the expenses having been incurred: (

a) to pay the expenses of selling the animal; (

b) to pay the expenses incurred in respect of the animal under subsection (1) and

section 5.

(5) The balance of the sale proceeds remaining after the payment of the expenses shall be (

a) paid to the former owner of the animal, if the former owner makes a claim for the balance of the sale proceeds within 60 days of the date of the sale, or (

b) held by the Minister for a period of one year after the date of the sale if the former owner does not make a claim within 60 days of the date of the sale.

(6) The Minister may pay the balance remaining (

a) to a person who claims within the period set out in subsection (5)(

b) and who establishes to the satisfaction of the Minister that the person was the owner of the animal prior to the sale, or (

b) if no claim is made, into the General Revenue Fund on the expiration of that period. 20

Section 14 is amended (

a) in subsection (1) by striking out “registered veterinarian, caretaker, humane society or an officer or employee of a humane society” and substituting “caretaker, registered veterinarian, veterinary practice entity or any employee or contractor of a veterinary practice entity”; (

b) in subsection (2) (

i) by striking out “reasonable and probable grounds” and substituting “reasonable grounds”; (ii) by striking out “reasonable or probable grounds” and substituting “reasonable grounds”. 21

Section 15 is amended

Section 21

Chapter 6 21 ANIMAL PROTECTION AMENDMENT ACT, 2026 (

a) by repealing subsection (1) and substituting the following: Regulations 15(1) The Minister may make regulations (

a) respecting how animals may be taken into custody; (

b) respecting land, vehicles, places and premises that may be entered or inspected; (

c) respecting peace officer inspection powers, including the manner in and conditions under which those powers may be exercised; (

d) prescribing persons or classes of persons as persons responsible for an animal for the purposes of

section 1(1)(g.2)(iv); (

e) prescribing conditions for the purposes of

section 1(2)(h); (

f) respecting an activity refe rred to in

section 2(2); (

g) respecting duties set out in

section 2.1(

a) to (g); (

h) prescribing additional requirements for the purposes of

section 2.1(h); (

i) respecting corrective action orders issued under

section 3(3)(a), including their terms and issuance; (

j) respecting the termination of agreements under

section 3(8); (

k) respecting when an animal is considered to be abandoned under

section 4.1(1)(f); (

l) respecting the recovery of unpaid expenses by a peace officer agency under

section 5(4); (

m) respecting orders made by courts in other Canadian provinces or territories under the legislation of those provinces and territories that may be deemed to be a prohibition order under this Act for the purposes of

section 12.1(1); (

n) respecting applications for prohibition orders under

section 13.1, including

Section 22

Chapter 6 22 ANIMAL PROTECTION AMENDMENT ACT, 2026 (

i) prescribing persons or classes of persons who may apply for the prohibition order, (ii) the manner of the application, and (iii) the giving of notice of the application, including the manner, form and timing of notice; (

o) respecting applications for variation of prohibition orders under

section 13.2, including (

i) the manner of the application, and (ii) the giving of notice of an application, including prescribing the manner, form and timing of notice; (

p) respecting the service of a prohibition order issued under

section 13.1(3) or an order varying a prohibition order referred to in

section 13.2(7); (

q) respecting the care of animals; (

r) respecting a tariff for e xpenses that a peace officer agency can recover from a person responsible for an animal for the care provided to an animal that has been taken into custody; (

s) exempting or excluding from the application of all or any portion of this Act, whether conditionally or unconditionally, any class of person, animal or activity; (

t) respecting the application of any provision of this Act, with or without modification, to a class of person, animal or activity, or an owner; (

u) defining any word or expression used but not defined in this Act; (

v) respecting standards for vehicles used to transport animals; (

w) respecting any matter the Minister considers necessary to administer this Act. (

b) in subsection (2) by striking out “or (b)” wherever it occurs and substituting “or (q)”. 22 This Act comes into force on Proclamation.

Printed on Recycled Paper *9780779862405*

Document details

Collection	Alberta — Consolidated Statutes
Citation	SA 2026, c. 6 (unproclaimed)
Type	statute
Volume / chapter	2026CH06 UNPR
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	04fbcc0df7f8da1f51e69b3232b7731771be6d9c

Source file is stored in the law ingest library (pdf).