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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. Johns

, May 2, 2012.

Robert Thompson

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definitions

Ticketable

offence

Penalty for offence

Subsequent offences

Commencement

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

Schedule G

Short title

These regulations may be cited as the Animal Health and Protection Ticket Offence Regulations .

34/12 s1

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Definitions

In these regulations, "service animal" means an animal trained to be used by a person with a disability for reasons relating to the persons disability.

34/12 s2 ; 65/25 s1

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Ticketable offence

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

(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

(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

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

18(1)

Causing a service animal to be in distress

18(2)

Owner permitting animal to be in distress

Harming or causing harm to animal used for law enforcement purposes

20(

a) Maintaining or keeping an animal for the purpose of fighting

20(

b) Allowing or permitting an animal to be used for the purpose of fighting

Transporting or permitting to be transported an animal in a motor vehicle outside passenger compartment and not confining or securing the animal

Confining or permitting to be confined an animal in an enclosed space, including motor vehicle, without adequate ventilation

23(1)

Transporting or permitting to be transported an animal in the trunk of a motor vehicle

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

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

Cutting or permitting to be cut the solid part of the tail of a horse

Cutting or cropping or permitting to be cut or cropped the ear of a dog

26.1

Declawing a cat or permitting the declawing of a cat

27(1)(

a) Failure of veterinarian to promptly report to the Chief Veterinary Officer

27(1)(

b) Failure of veterinarian to provide information requested by the Chief Veterinary Officer

28(1)

Failure of person who, while operating bicycle or motor vehicle, injures an animal, to stop and provide care and attention to animal

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

Permitting a companion animal or livestock to cause a hazard

32(1)

Failure of owner to

keep dog safely contained

Permitting livestock to run at large

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)

49(1)

Destroying, interfering with or disposing a heritage animal

55(3)

Owning or operating an establishment, or breeding or keeping an animal without a licence

56(4)

Making a false statement of fact or misrepresenting a fact or circumstance in an application or document submitted to minister

58(3)

Failure of licensee to comply with terms, conditions and restrictions to which licence is subject

Failure of licensee to produce licence for inspection when requested

63(

a) Failure of licensee to notify minister of change of address for service

63(

b) Failure of licensee to notify minister of change in partners

63(

c) Failure of licensee to notify minister of change in directors

64(1)

Failure of licensee to file annual return

64(2)

Failure of licensee to include information required by the minister in annual return

71.1

Failure of person to comply with order of inspector

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

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

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

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

75(

a) Obstructing or interfering with an inspector or other person engaged in the execution of the Act or the regulations

75(

b) Providing an inspector or other person engaged in the execution of the Act or the regulations with false information

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)

3(7)(

b) Failure to comply with an order under subsection 3(2) (destruction or disposal of a thing)

3(7)(

c) Failure to comply with an order under subsection 3(3) (destruction of animal)

4(2)

Failure to comply with an order under subsection 4(1) (detention on entry)

5(7)

Failure to comply with an order under subsection 5(1) (quarantine)

6(1)

Failure to obtain permit to import honeybees or hives

6(3)

7(1)

Failure to have certificate respecting honeybees or hives as required

7(2)

Failure to ensure honeybees and hives are not exposed to other honeybees or hives during shipment

7(3)

Failure to quarantine honeybees or hives

7(4)

Moving quarantined honeybees or hives

7(5)

Failure to report illness or death of imported honeybees

7(7)

Failure to comply with an order under subsection 7(6) respecting honeybees or hives

8(1)

Failure to transport, detain, maintain or keep animal as required

8(4)

Failure to comply with an order under subsection 8(3) (clean or disinfect place)

9(1)

Removal or release of animal from place of detention without permission

9(2)

Removal or release of animal or honeybee hive from quarantine without prior authority

10(1)

Sale of antibiotic for animal use without a prescription

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

9(1)

Performing cosmetic surgery on animal

11(1)

Using a prohibited chemical method of euthanasia

11(2)

Using a prohibited mechanical method of euthanasia

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

16(1)

Pet retail store owner or operator carrying out a prohibited sale of a dog

16(2)

Pet retail store owner or operator carrying out a prohibited sale of a cat

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

4(3)

Failure of owner or operator of place where livestock kept to comply

with requirements in Code of Practice

5(3)

Failure of dairy cattle owner to comply with requirements in Code of Practice

5(4)

Failure of owner or operator of place where dairy cattle kept to comply

with requirements in Code of Practice

6(2)

Failure of owner or operator of kennel to comply with requirements in Code of Practice

7(4)

Failure of owner or operator of cattery to comply with requirements in Code of Practice

8(2)

Failure of an owner or operator of fur farm to comply with requirements in Code of Practice (mink)

9(2)

Failure of an owner or operator of fur farm to comply with requirements in Code of Practice (fox)

10(2)

Failure to comply with requirements in adopted Canadian Council on Animal Care code or standard

11(2)

Failure of owner or operator of circus to comply with requirements in Standards

11(3)

Failure of owner or operator of circus to provide written record

12(2)

Failure of owner or operator of pet retail store to comply with requirements in Guidelines

13(1)

Failure of dog owner to comply with standards in

Schedule B

13(2)

Failure of an owner or operator of kennel to comply with standards in

Schedule B

14(1)

Failure of sled dog owner to provide attention or care to sled dog

14(2)

Failure of owner or operator of kennel to provide attention or care to sled dog

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

3(2)

Failure of veterinarian to report

disease to Chief Veterinary Officer

3(3)

Failure of laboratory to report disease to Chief Veterinary Officer

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

Failure to maintain fur farm or captive fur bearing animal as required

Failure to construct or maintain a protective barrier as required

Failure to construct or maintain a protective barrier as required (mink farm)

Failure to remove snow immediately inside and outside a protective barrier

Failure to report escape of captive fur bearing animal

Failure to recapture captive fur bearing animal as required

10(4)

Failure to recapture, attempt to recapture, destroy or dispose of recaptured captive fur bearing animal as required

11(4)

Failure to recapture, attempt to recapture, destroy or dispose of recaptured captive fur bearing animal as required

Releasing or permitting the escape of, or attempting to release or permit the escape of, a captive fur bearing animal

15(1)

Operation of fur farm without permission while licence is suspended

15(2)

Failure to adhere to requirements while licence is suspended

16(1)

Operation of fur farm without permission while licence is cancelled

16(2)

Failure to adhere to requirements while licence is cancelled

Failure to permit inspection of fur farm

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

Disposal of record filed with Registry of Newfoundland Ponies

34/12 Sch ; 65/25 s8

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