Newfoundland and Labrador Gazette, Part II — 2 May 2012 (Extraordinary Issue) — Regulations NLR 32/12–NLR 44/12

NLG 2012-05-02

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, WEDNESDAY, MAY 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 32/12 NLR 33/12 NLR 34/12 NLR 35/12 NLR 36/12 NLR 37/12 NLR 38/12 NLR 39/12 NLR 40/12 NLR 41/12 NLR 42/12 NLR 43/12 NLR 44/12

Extraordinary Gazette May 2, 2012 3 NEWFOUNDLAND AND LABRADOR REGULATION 32/12 Proclamation bringing the Act into force (SNL2010 cA-9.1) (May 2, 2012) under the Animal Health and Protection Act (O.C 2012-099) (Filed May 2, 2012) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JOHN C. CROSBIE Lieutenant Governor DONALD BURRAGE Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 82 of “

An Act Respecting the Health and Protection of Animals,” SNL2010

Chapter A-9.1 (the “Act”) it is provided that the Act, or a provision or part of the Act, shall come into force on a date to be fixed by Proclamation of Our Lieuten- ant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Execu- tive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that “

An Act Respecting the Health and Protection of Animals,” SNL2010

Chapter A-9.1 shall come into force on the date of publication of this proclamation in The Newfoundland and Labrador Gazette.

Proclamation bringing

an Act respecting Animal Health and Protection into force (In Force May 2, 2012) 32/11 Extraordinary Gazette May 2, 2012 4 OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to hereunto affixed.

WITNESS: Our trusty and well-beloved the Honourable John Carnell Crosbie, Member of the, Privy Council of Canada, Officer of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, and one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John’s this 2 nd day of May in the year of Our Lord two thousand and twelve in the sixty-first year of Our Reign. BY COMMAND, SANDRA BARNES Registrar General

Extraordinary Gazette May 2, 2012 5 NEWFOUNDLAND AND LABRADOR REGULATION 33/12 Animal Health Regulations under the Animal Health and Protection Act (O.C. 2012-106) (Filed May 2, 2012) Under the authority of sections 8 and 66 of the Animal Health and Protection Act, the Lieutenant-Governor in Council makes the follow- ing regulations. Dated at St. John’s, May 2, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Interpretation 3. Orders for destruction or disposal 4. Detention on entry 5. Quarantine 6. Permit required 7. Entry of honeybees 8. Maintenance of sanitary conditions 9. Prohibitions 10. Sale of antibiotic for animal use 11. Repeal 12. Commencement 1. These regulations may be cited as the Animal Health Regula- tions.

Short title

Animal Health Regulations 33/12 Extraordinary Gazette May 2, 2012 6 2.

(1) In these regulations (a) "accredited veterinarian" means a veterinarian authorized to perform tests and inspections under the Health of Animals Act (Canada); (b) "antibiotic" has the same meaning as in

Part C of the Food and Drug Regulations (Canada); (c) "consumer" (

i) means a person who obtains an antibiotic for the pur- pose of administering that antibiotic to an animal and not for resale or retransfer, and (ii) excludes a person liste d in

section C.01.043 of the Food and Drug Regulations (Canada); (d) "feed" has the same meaning as in the Feeds Act (Canada); (e) "licensed veterinarian" means a registered veterinarian li- censed to practise in the provi nce, another province of Can- ada or in Canada; (f) "official veterinarian" means a veterinarian employed by a provincial government; (g) "medicating ingredient" has the same meaning as in the Feeds Act (Canada); (h) "person" includes a partnership or association of persons; (i) "premises" includes a yard, field, corral, farm and garden whether or not they are enclosed with fences or walls and an abattoir, shed, barn, cabin, sh ack or other building or erec- tion; (j) "prescription" means an instruction that an antibiotic be dis- pensed to a person for an animal; and (k) "sell" has the same meaning as in the Food and Drugs Act (Canada).

Interpretation

Animal Health Regulations 33/12 Extraordinary Gazette May 2, 2012 7

(2) An antibiotic for animal use is (

a) an antibiotic that is not in a form suitable for human use; or (

b) an antibiotic that is labe lled in accordance with paragraph C.01.046(

b) of the Food and Drug Regulations (Canada). 3.

(1) The minister or the Chief Veterinary Officer may order the disposal of an animal believed to have an infectious or contagious dis- ease.

(2) The minister or the Chief Veterinary Officer may order the destruction or disposal of an animal by-product, animal product, bed- ding, food, or other thing related to an animal that is believed to be in- fected or contaminated with an infectious or contagious disease.

(3) The Chief Veterinary Officer may order the destruction of an animal believed to have an infectious or contagious disease.

(4) The destruction or disposal of an animal, animal by-product, animal product, bedding, food, or other thing related to an animal pur- suant to an order made under

section 7 of the Act or under subsection (1), (2) or (3) shall be in a manner approved by the Chief Veterinary Officer.

(5) Notwithstanding subsection (4), the minister or the Chief Veterinary Officer may require in an order to dispose of an animal un- der subsection (1) that the animal be returned from the port of entry or another place where it is detained to the place of origin of the animal.

(6) An order made under

section 7 of the Act or under subsec- tion (1), (2) or (3) may require that the disposal or destruction of an animal, animal by-product, animal product, bedding, food, or other thing related to an animal be at the cost or expense of an owner of an animal or another person.

(7) A person shall comply with (

a) an order made under subsection (1) where the order has been issued to that person under subsection (1); (

b) an order made under subsection (2) where the order has been issued to that person under subsection (2); and Orders for destruc- tion or disposal

Animal Health Regulations 33/12 Extraordinary Gazette May 2, 2012 8 (

c) an order made under subsection (3) where the order has been issued to that person under subsection (3). 4.

(1) An inspector who has reason able cause to believe that an infectious or contagious disease exists in an animal brought or being brought into the province may order the animal to be detained at the port of entry or another place designat ed by the inspector at the cost or expense of an owner of the animal or another person.

(2) A person to whom an order is issued under subsection (1) shall comply with that order. 5.

(1) The Chief Veterinary Officer may order an animal suspected of having an infectious or contagious disease to be quarantined in or on the premises of an owner of the animal or in a place and for a period of time that the Chief Veterinary Offi cer considers appropriate and if no infectious or contagious disease is found in the animal then the animal shall be released from quarantine.

(2) Where an animal was quaran tined in a place that was not the premises of the owner of the animal and it has been released from quar- antine, the animal shall be returned to its owner.

(3) A term and condition of an order made under subsection (1) is that the person to whom the order is issued shall not remove or re- lease an animal from quarantine without prior authority from an inspec- tor.

(4) A place designated for the quarantine of an animal shall be considered to be an infected place.

(5) An order made under subsection (1) may be at the cost or expense of an owner of the animal or another person.

(6) Notwithstanding

section 7, honeybees ( Apis mellifera ) and honeybee hives may be quarantined under subsection (1).

(7) A person to whom an order is issued under subsection (1) shall comply with that order. 6.

(1) A person shall not bring honeybees ( Apis mellifera) or hon- eybee hives into the province unless that person has first obtained a permit to do so from the minister. Detention on entry Quarantine Permit required

Animal Health Regulations 33/12 Extraordinary Gazette May 2, 2012 9

(2) A permit may be issued, renewed, cancelled or suspended subject to the terms and conditions that the minister may determine.

(3) A person to whom a permit is issued shall comply with the terms and conditions of the permit including the period of time for which it is valid. 7.

(1) A person shall not bring honeybees ( Apis mellifera) or hon- eybee hives into the province un less accompanied by a certificate signed by an official veterinarian or licensed veterinarian in the place of origin of the honeybees or hives or by an accredited veterinarian or other person approved by the Chief Veterinary Officer certifying that: (

a) the honeybees and hives are free from the following pests: (

i) honeybee tracheal mite ( Acarapis woodi), (ii) varroa mite ( Varroa destructor), (iii) greater wax moth ( Galleria mellonella), and (iv) small hive beetle ( Aethina tumida); (

b) the apiary from which the honeybees or hives originated was completely free from the pests described in paragraph (

a) when the honeybees or hives were taken from the apiary and in the 12 months immediately preceding their departure; and (

c) the honeybees or hives were tested for the pests described in paragraph (

a) with negative test results within the 30 days, or such other time as the Chief Veterinary Officer may in his or her discretion prescribe in a pa rticular case, preceding entry to the province.

(2) A person who imports honeybees or honeybee hives shall ensure that honeybees and hives are not exposed to other honeybees or hives during shipment.

(3) Upon entry into the province all honeybees and honeybee hives, regardless of compliance with subsection (1), shall be quaran- tined on the premises of the importer for a period of 12 months from the date of entry. Entry of honeybees

Animal Health Regulations 33/12 Extraordinary Gazette May 2, 2012 10

(4) Honeybees and honeybee hives shall not be moved from the premises of the importer during the period of quarantine set out in sub- section (3).

(5) All cases of illness or death of imported honeybees that oc- cur within 12 months of importation shall be reported to an inspector.

(6) Where there is a contravention of this

section or

section 6, the Chief Veterinary Officer may orde r, at the expense of the importer, the owner of the honeybees, a person owning or having possession, custody or control of the hives, or another person, that (

a) the honeybees and hi ves be quarantined; or (

b) the honeybees and hives be seized and returned to their place of origin.

(7) A person to whom an order is issued under subsection (6) shall comply with that order. 8.

(1) Animals shall be transported, detained, maintained and kept in a place in a safe, clean and sa nitary manner which ensures the healthy condition of animals and which prevents the (

a) infection of that an imal with disease; and (

b) spread of infectious or contagious diseases to other animals.

(2) The Chief Veterinary Officer may determine the manner in which a place is to be cleaned or di sinfected to preven t the spread of contagious diseases among animals.

(3) The Chief Veterinary Offi cer may order that a place be cleaned or disinfected in accordance wi th this

section at the cost or ex- pense of an owner of the animal or another person.

(4) A person to whom an order is issued under subsection (3) shall comply with that order.

(5) A person who transports an animal into the province in con- travention of this sectio n bears the cost or expense of returning the an- imal from the point of entry into th e province to the pl ace of origin of Maintenance of sanitary conditions

Animal Health Regulations 33/12 Extraordinary Gazette May 2, 2012 11 the animal or disposing of the animal in another manner determined by the Chief Veterinary Officer. 9.

(1) A person shall not without the permission of an inspector remove or release an animal from a place where the animal is being detained by an inspector for the purpose of the Act or these regulations.

(2) A person shall not remove or release an animal or a honey- bee hive from quarantine without prior authority from an inspector. (3) Subsection (2) does not apply to a person to whom an order is issued under

section 5 of these regulations. (4) Subsection (2) does not apply to honeybees ( Apis mellifera) or honeybee hives that are quarantin ed unless the quarantine is in ac- cordance with

section 5 of the Act or

section 5 of these regulations. 10.

(1) Notwithstanding

section 45 of the Pharmacy Regulations and

section C.01.046 of the Food and Drug Regulations (Canada), a person shall not sell directly to a co nsumer an antibiotic for animal use listed or described in

Part II of

Schedule F to the Food and Drug Regu- lations (Canada) that is in a form for injection or oral, intramammary or intrauterine administration, unless the sale is made under a prescription by a veterinarian. (2) Subsection (1) does not apply to an antibiotic that is used as a medicating ingredient in a feed under the Feeds Act (Canada).

(3) A list of the antibiotics for which a prescription of a veteri- narian is required under subsection (1) is on file with the minister and may be examined or obtained during regular business hours. 11. The Livestock Health Regulations , Consolidated Newfound- land and Labrador Regulation 1081/96, are repealed. 12. These regulations come into force on May 2, 2012. ©William E. Parsons, Queen's Printer Prohibitions Sale of antibiotic for animal use Repeal Commencement

Extraordinary Gazette May 2, 2012 13 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 Pro- tection 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 1.

Short title 2.

Definitions 3. Ticketable offence 4. Penalty for offence 5. Subsequent offences 6. Commencement

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

Schedule G

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 14 1. These regulations may be cited as the Animal Health and Pro- tection Ticket Offence Regulations. 2. In these regulations, "service an imal" means an animal trained to be used by a person with a disability for reasons relating to his or her disability. 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. 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 sub- sequent 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. 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 Regu- lations referred to in

Schedule B, a pe rson 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 con- sidered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last convic- tion for the same offence under those regulations.

Short title

Definitions Ticketable offence Penalty for offence Subsequent offenc- es

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 15

(5) With respect to those provisions of the Animal Reportable Diseases Regulations referred to in

Schedule E, a person shall be con- sidered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last convic- tion for the same offence under those regulations.

(6) With respect to those provisions of the Fur Farming Regula- tions referred to in

Schedule F, a person shall be considered to be con- victed 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. 6. These regulations come into force on May 2, 2012. Commencement

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 16

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 subse- quent offence 18(1) Causing an an- imal to be in distress 100 250 500 18(1) (ser- vice animal) Causing a ser- vice animal to be in distress 250 500 1000 18(2) Owner permit- ting animal to be in distress 100 250 500 19 Harming or causing harm to animal used for law enforce- ment purposes 250 500 1000 20(

a) Maintaining or keeping an an- imal for the purpose of 250 500 1000

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 17 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence fighting 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 mo- tor vehicle out- side passenger compartment and not confin- ing 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 venti- 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 18 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence lation 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 ap- paratus 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 ani- 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 19 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence mal's neck 25 Cutting or per- mitting 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 veter- inarian to promptly report to the Chief Veterinary Of- ficer 100 250 500 27(1)(

b) Failure of veter- inarian to pro- vide infor- mation that the Chief Veteri- nary Officer requests 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 20 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 28(1) Failure of per- son who, while operating bicy- cle or motor vehicle, injures an animal, to stop and pro- vide care and attention to animal 100 250 500 28(2) Failure of per- son who, while operating a bi- cycle or motor vehicle, kills an animal, to noti- fy inspector 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 21 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 28(2) Failure of per- son who, while operating a bi- cycle or motor vehicle, kills an animal, to pro- vide infor- mation that the inspector re- quires 100 250 500 31 Permitting a companion an- imal or live- stock to cause a hazard 50 100 250 32(1) Failure of own- er 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

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 22 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 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 prov- ince at large or an area speci- fied in an order made under subsection 40(1) 50 100 250 49(1) Destroying, interfering with or disposing a heritage animal 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 23 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 55(3) Owning or op- erating an es- tablishment, or breeding or keeping an an- imal without a licence 50 100 250 56(4) Making a false statement of fact or misrep- resenting a fact or circumstance in an applica- tion or docu- ment submitted to minister 50 100 250 58(3) Failure of licen- see to comply with terms, conditions and restrictions to which licence is subject 50 100 250

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 24 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 60 Failure of licen- see to produce licence for in- spection when requested 100 250 500 63(

a) Failure of licen- see to notify minister of change of ad- dress for service 50 100 250 63(

b) Failure of licen- see to notify minister of change in part- ners 50 100 250 63(

c) Failure of licen- see to notify minister of change in direc- tors 50 100 250 64(1) Failure of licen- see to file annu- al return 50 100 250

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 25 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 64(2) Failure of licen- see 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 own- ership or other- wise alienating title to or inter- est in an animal 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 26 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 74(

a) Failure of per- son occupying, in charge of, or in a place en- tered by inspec- tor to give all reasonable as- sistance to ena- ble the carrying out of an action authorized un- der the Act 100 250 500 74(

b) Failure of per- son occupying, in charge of, or in a place en- tered by inspec- tor to furnish inspector with the record or thing that the inspector may reasonably re- quire to carry out authorized action 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 27 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 74(

c) Failure of per- son occupying, in charge of, or in a place en- tered by inspec- tor to produce an animal that the inspector requires for viewing or ex- amination 100 250 500 75(

a) Obstructing or interfering with an inspector or other person engaged in the execution of the Act or the regu- lations 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 28 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 75(

b) Providing an inspector or other person engaged in the execution of the Act or the regu- lations with false infor- mation 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 29

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 subse- quent offence 3(7)(

a) Contravention of order under subs. 3(1) (dis- posal of animal) 100 250 500 3(7)(

b) Contravention of order under subs. 3(2) (de- struction or disposal of a thing) 100 250 500 3(7)(

c) Contravention of order under subs. 3(3) (de- struction of animal) 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 30 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 4(2) Contravention of order under subs. 4(1) (de- tention on en- try) 100 250 500 5(7) Contravention of order under subs. 5(1) (quarantine) 100 250 500 6(1) Failure to ob- tain permit to import honey- bees or hives 100 250 500 6(3) Failure to com- ply with terms and conditions of permit 100 250 500 7(1) Failure to have certificate re- specting honey- bees or hives as required 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 31 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 7(2) Failure to en- sure honeybees and hives are not exposed to other honeybees or hives during shipment 100 250 500 7(3) Failure to quar- antine honey- bees or hives 100 250 500 7(4) Moving quaran- tined 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) re- specting honey- bees or hives 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 32 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 8(1) Failure to transport, de- tain, maintain or keep animal as required 100 250 500 8(4) Contravention of order under subs. 8(3) (clean or disin- fect place) 100 250 500 9(1) Removal or release of ani- mal from place of detention 100 250 500 9(2) Removal or release of ani- mal or honey- bee hive from quarantine 100 250 500 10(1) Sale of antibi- otic for animal use without a prescription 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 33

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 subse- quent offence 8(1) Cutting or per- mitting 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 sur- gery on animal 100 250 500 10(1) Performing onychectomy (declawing) in a cat 100 250 500 11(1) Using a prohib- ited chemical method of eu- thanasia 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 34 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 11(2) Using a prohib- ited mechanical method of eu- thanasia 100 250 500 15 Carrying out a practice or pro- cedure that is prohibited in a code or stand- ard, to the ex- tent that the code or stand- ard is adopted in the Animal Protection Standards Reg- ulations 100 250 500 16(1) Pet retail store owner or opera- tor carrying out a prohibited sale of a dog 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 35 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 16(2) Pet retail store owner or opera- tor carrying out a prohibited sale of a cat 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 36

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 subse- quent offence 4(2) Non- compliance with require- ments in Code of Practice (livestock own- er) 100 250 500 4(3) Non- compliance with require- ments in Code of Practice (owner or oper- ator of place where livestock kept) 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 37 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 5(3) Non- compliance with require- ments in Code of Practice (dairy cattle owner) 100 250 500 5(4) Non- compliance with require- ments in Code of Practice (owner or oper- ator of place where dairy cattle kept) 100 250 500 6(4) Non- compliance with require- ments in Code of Practice (kennel) 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 38 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 7(4) Non- compliance with require- ments in Code of Practice (cat- tery) 100 250 500 8(2) Non- compliance with require- ments in Code of Practice (mink) 100 250 500 9(2) Non- compliance with require- ments in Code of Practice (fox) 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 39 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 10(2) Non- compliance with require- ments in adopt- ed Canadian Council on An- imal Care code or standard 100 250 500 11(2) Non- compliance with require- ments in Manu- al (circus) 100 250 500 11(3) Failure of circus owner or opera- tor to provide written record 100 250 500 12(2) Non- compliance with require- ments in Guide- lines (pet retail store) 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 40 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 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 pro- vide attention or care to sled dog (sled dog own- er) 100 250 500 14(2) Failure to pro- vide attention or care to sled dog (kennel) 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 41

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 subse- quent offence 3(1) Failure to report 100 250 500 3(2) Failure of veter- inarian to report 100 250 500 3(3) Failure of la- boratory to re- port 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 42

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 subse- quent offence 5 Failure to main- tain fur farm or captive fur bearing animal as required 100 250 500 6 Failure to con- struct or main- tain a protective barrier as re- quired 100 250 500 7 Failure to re- move snow immediately inside and out- side a protective barrier 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 43 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 8 Failure to report escape of cap- tive fur bearing animal 100 250 500 9 Failure to re- capture captive fur bearing an- imal as required 100 250 500 9(4) Failure to de- stroy 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 per- mit the escape of, a captive fur bearing animal 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 44 Penalty

Section and subsection or paragraph Offence A fine in the dollar amount indicated First offence Second offence Third and subse- quent offence 14(1) Operation of fur farm without permission while licence is suspended 100 250 500 14(2) Failure to ad- here to re- quirements 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 ad- here to re- quirements while licence is cancelled 100 250 500 17 Failure to per- mit inspection of fur farm 100 250 500

Animal Health and Protection Ticket Offences Regulations 34/12 Extraordinary Gazette May 2, 2012 45

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 subse- quent offence 3 Disposal of record filed with Registry of Newfoundland Ponies 50 100 250 ©William E. Parsons, Queen's Printer

Extraordinary Gazette May 2, 2012 47 NEWFOUNDLAND AND LABRADOR REGULATION 35/12 Animal Protection Regulations under the Animal Health and Protection Act (O.C. 2012-105) (Filed May 2, 2012) Under the authority of sections 29 and 66 of the Animal Health and Protection Act, the Lieutenant-Governor in Council makes the fol- lowing regulations. Dated at St. John’s, May 2, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3.

Interpretation - codes or standards 4. Inspection 5. Destruction or disposal 6. Accepted activity - docking of horse's tail 7. Accepted activity - cropping of dog's ears 8. Prohibition - docking of tail of other animals 9. Prohibition - cosmetic sur- gery 10. Declawing in a cat 11. Prohibited methods of eu- thanasia 12. Euthanasia - accepted activi- ty 13. Euthanasia - critical situation 14. Euthanasia - other legislation

Animal Protection Regulations 35/12 Extraordinary Gazette May 2, 2012 48 15. Prohibited practices and procedures 16. Prohibition - sale from pet retail stores 17. Commencement 1. These regulations may be cited as the Animal Protection Regu- lations. 2. In these regulations (a) "animal shelter" means a pl ace that provides stray, aban- doned or abused animals a sanctuary or where permanent or temporary adoptive homes are sought for animals; (b) "fur farm" has the same definition as in the Fur Farming Regulations; and (c) "pet retail store" has the same definition as in the Animal Protection Standards Regulations. 3.

(1) Where there is a reference in these regulations to a code or standard adopted in another regulation made under the Act, it is a refer- ence to the code or standard to the ex tent that the code or standard is adopted in that other regulation.

(2) A provision of a code or standard that is adopted in the Ani- mal Protection Standards Regulations may be considered a require- ment where (

a) the word "must," "shall" or "require" is contained in the pro- vision of the code or standard; or (

b) the Animal Protection Standards Regulations specify that a provision of a code or standard is a requirement. 4.

(1) An animal shelter may be subject to an inspection under

section 10 of the Act.

(2) A fur farm may be subject to an inspection under

section 10 of the Act. 5.

(1) An animal may be destroyed or disposed of under paragraph 17(1)(

c) of the Act, where an owner of the animal is not found within 5

Short title

Definitions

Interpretation - codes or standards Inspection Destruction or disposal

Animal Protection Regulations 35/12 Extraordinary Gazette May 2, 2012 49 days after the animal is delivered into the custody of the SPCA, a mu- nicipal authority or the minister.

(2) Euthanasia of an animal under

section 17 of the Act shall be conducted in accordance with these regulations. 6. An accepted activity in which the so lid part of the tail of a horse may be cut or permitted to be cut is the surgical removal of the tail by a veterinarian as a result of an injury to the horse or other medical neces- sity as determined by a veterinarian. 7. An accepted activity in which th e ear of a dog may be cut or cropped or permitted to be cut or cropped is the surgical removal of part of a dog’s ear by a veterinarian as a result of an injury to the dog or other medical necessity as determined by a veterinarian. 8.

(1) A person shall not cut, or permit to be cut, the solid part of the tail of a dog, sheep or other animal, commonly known as "docking", unless (

a) docking is permitted in a code or standard adopted in the Animal Protection Standards Regulations respecting the care of that animal; or (

b) the tail is surgically removed as a result of an injury to the animal or other medical necessity as determined by a veteri- narian.

(2) This

section does not apply to horses. 9.

(1) Cosmetic surgery in domestic animals is prohibited unless it is permitted in a code or standard adopted in the Animal Protection Standards Regulations respecting the care of that animal.

(2) For the purpose of this sec tion, "cosmetic surgery" means a non-therapeutic surgical procedure which alters the appearance of an animal for purely cosmetic purposes.

(3) The definition of "cosmetic surgery" in subsection (2) does not include Accepted activity - docking of horse's tail Accepted activity - cropping of dog's ears Prohibition - dock- ing of tail of other animals Prohibition - cos- metic surgery

Animal Protection Regulations 35/12 Extraordinary Gazette May 2, 2012 50 (

a) surgery that is considered by a veterinarian to be necessary as a result of an injury to an animal or for another medical reason concerning the health of an animal; (

b) an onychectomy (declawing) in a cat; and (

c) dewclaw removal from a dog.

(4) This

section does not apply to the docking of a tail of an animal or the cropping of the ears of a dog. 10.

(1) A person shall not conduct an onychectomy (declawing) in a cat.

(2) Notwithstanding subsection (1), a veterinarian or a person under the supervision of a veterinarian may conduct an onychectomy (declawing) in a cat. 11.

(1) The following chemical methods of euthanasia are prohibit- ed: (

a) the combination of embutramide, mebezonium and tetra- caine when (

i) administered without sedation, or (ii) administered other than by intravenous injection; (

b) chloral hydrate; (

c) nitrous oxide, when administered alone; (

d) ether; (

e) chloroform; (

f) cyanide; (

g) strychnine; (

h) neuromuscular blocking agents (nicotine, magnesium sul- phate, potassium chloride, and all curariform agents); Declawing in a cat Prohibited methods of euthanasia

Animal Protection Regulations 35/12 Extraordinary Gazette May 2, 2012 51 (

i) formalin; and (

j) household products and solvents.

(2) The following mechanical me thods of euthanasia are prohib- ited: (

a) air embolism on a conscious animal; (

b) burning; (

c) exsanguination of a conscious animal; (

d) decompression; (

e) drowning; (

f) hypothermia and rapid freezing; (

g) stunning by delivering a blow to the head by manual means; (

h) kill-trapping; (

i) electrocution of a conscious animal; and (

j) smothering. (3) Paragraph (2)(

i) does not apply to the euthanasia of a fox that is conducted in accordance with a code or standard adopted in the Animal Protection Standards Regulations. 12.

(1) Euthanasia of a dog or cat is an accepted activity where it is conducted in accordance with one of the following methods: (

a) by injection or another method under the supervision or au- thority of a veterinarian; (

b) by shooting with a firearm; (

c) by means of a captive bolt gun; or Euthanasia - accept- ed activity

Animal Protection Regulations 35/12 Extraordinary Gazette May 2, 2012 52 (

d) by inhalation of compressed carbon monoxide, from which substantially all impurities have been removed, in a con- trolled gas chamber.

(2) Euthanasia of an animal is an accepted activity where it is conducted in accordance with a code or standard adopted in the Animal Protection Standards Regulations and applied to the animal that is the subject of that code or standard.

(3) Euthanasia of an animal is an accepted activity where it is conducted in accord ance with the latest edition of the Guidelines on Euthanasia, published by the American Veterinary Medical Associa- tion.

(4) Where there is a conflict betw een a code or standard respect- ing euthanasia that is adopted in a regulation made under the Act and

section 11,

section 11 shall prevail.

(5) Notwithstanding subsection (4 ), where an animal is being used for research, teaching or testing and there is a conflict between a code or standard published by the Canadian Council on Animal Care that is adopted in the Animal Protection Standards Regulations and subsection (1), (2) or (3) or

section 11, the code or standard published by the Canadian Council on Animal Care shall prevail. 13. Notwithstanding sections 11 and 12, euthanasia through deliv- ery by manual means of a blow to th e head of an animal is an accepted activity where (

a) it is conducted in a critical situation where an animal is in such distress that it cannot be relieved of its distress or live without undue suffering, a veterinarian is unavailable and there is no other reasonable way to relieve the animal of its distress; or (

b) it is conducted under paragraph 35(1)(

a) or

section 37 of the Act. 14. Notwithstanding sections 11 and 12, euthanasia is an accepted activity where it is conducted in accordance with another regulation made under the Act, the Meat Inspection Act , the Wild Life Act , or regulations or orders made under those Acts. Euthanasia - critical situation Euthanasia - other legislation

Animal Protection Regulations 35/12 Extraordinary Gazette May 2, 2012 53 15.

(1) A practice or procedure that is prohibited in a code or stand- ard that is adopted in the Animal Protection Standards Regulations is a prohibited practice or procedure. (2) Subsection (1) applies to a person who is required to comply with a code or standard adopted in the Animal Protection Standards Regulations, or the requirements in the code or standard. 16.

(1) An owner or operator of a pet retail store shall not sell a dog unless the dog was bred and raised in an establishment that meets the requirements in A Code of Practice for Canadian Kennel Operations , to the extent that th ey are adopted in the Animal Protection Standards Regulations, or equivalent standards.

(2) An owner or operator of a pet retail store shall not sell a cat unless the cat was bred and raised in an establishment that meets the requirements in A Code of Practice for Canadian Cattery Operations , to the extent that th ey are adopted in the Animal Protection Standards Regulations, or equivalent standards. (3) Subsection (1) does not apply where a pet retail store pro- vides space to an animal shelter that meets the requirements in A Code of Practice for Canadian Kennel Operations and the Basic Standards for Dog Care, to the extent that they are adopted and prescribed respec- tively in the Animal Protection Standards Regulations , and the animal shelter arranges an adoption of a dog. (4) Subsection (2) does not apply where a pet retail store pro- vides space to an animal shelter that meets the requirements in A Code of Practice for Canadian Cattery Operations, to the extent that they are adopted in the Animal Protection Standards Regulations , and the ani- mal shelter arranges an adoption of a cat. 17.

These regulations come into force on May 2, 2012. ©William E. Parsons, Queen's Printer Prohibited practices and procedures Prohibition - sale from pet retail stores Commencement

Extraordinary Gazette May 2, 2012 55 NEWFOUNDLAND AND LABRADOR REGULATION 36/12 Animal Protection Standards Regulations under the Animal Health and Protection Act (Filed May 2, 2012) Under the authority of sections 29 and 66 of the Animal Health and Protection Act, I make the following regulations. Dated at St. John’s, May 1, 2012. Jerome P. Kennedy, Q.C. Minister Responsible for the Forestry and Agrifoods Agency REGULATIONS Analysis 1.

Short title 2.

Interpretation 3.

Interpretation - adopted codes or standards 4. Livestock 5. Dairy Cattle 6. Kennels 7. Catteries 8. Mink 9. Fox 10. Research, teaching and testing 11. Circuses 12. Pet retail stores 13. Dogs 14. Sled dogs 15. Commencement

Schedule A

Schedule B

Short title

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 56 1. These regulations may be cited as the Animal Protection Stand- ards Regulations. 2.

(1) In these regulations (a) "animal shelter" has the same definition as in the Animal Protection Regulations; (b) "cattery" includes a breeding facility, boarding facility, housing facility or animal shelter where a cat is maintained or kept but does not include a pet retail store and a veteri- nary clinic; (c) "circus" means a mobile place in which animals held and exhibited are made to perform behaviours at the direction of a human handler or trainer for the entertainment or education of members of the public and excludes a dog show, a horse show and a livestock fair; (d) "fur farm" has the same definition as in the Fur Farming Regulations; (e) "kennel" includes a breeding facility, boarding facility, hous- ing facility, training facility or animal shelter where a dog is maintained or kept but does not include a pet retail store and a veterinary clinic; (f) "person" includes a partnership or association of persons; (g) "pet retail store" means a place where live dogs, cats, ro- dents, reptiles, amphibians, fish, birds, or other animals are kept for sale and excludes an animal shelter, a cattery and a kennel; and (h) "veterinary clinic" has the same definition as in the Veteri- nary Medical Act, 2004.

(2) For the purpose of these regulations, a provision of a code or standard that is adopted in these regulations may be considered a re- quirement where (

a) the word "must," "shall," or "require" is contained in the provision of the code or standard; or

Interpretation

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 57 (

b) these regulations specify that a provision of a code or stand- ard is a requirement. 3.

(1) A reference to a code or standard adopted in these regula- tions is a reference to the edition of the code or standard that is referred to in

Schedule A.

(2) A reference to a code or standard in this section, subsection 2(2) and

Schedule A, is a reference to the code or standard to the extent that it is adopted in other sections of these regulations.

(3) Where there is a conflict between a definition in a regulation made under the Act and a definition in a code or standard adopted in these regulations, the definition in the regulation made under the Act shall prevail.

(4) Where there is a conflict between a regulation made under the Act and a provision of a code or standard adopted in these regula- tions, the regulation made under the Act shall prevail.

(5) Notwithstanding subsection (4), a regulation made under the Act may provide that a code or standard adopted in these regulations shall prevail in the event of a conflict between a regulation and a code or standard. 4.

(1) The following codes or standards are adopted but their pro- visions respecting transportation and appendices are not adopted unless it is specified in this subsection: (

a) Recommended Code of Practice for the Care and Handling of Farm Animals - Beef Cattle , published by Agriculture Canada; (

b) Recommended Code of Practice for the Care and Handling of Farm Animals - Veal Calves , including Appendix A enti- tled "Guidelines to Euthanasia of Calves by Firearms," pub- lished by the Canadian Agri-Food Research Council; (

c) Recommended Code of Practice for the Care and Handling of Sheep , including Appendix 3 entitled, "Guidelines for Humane Killing of Sheep by Firearms," published by the Canadian Agri-Food Research Council;

Interpretation - adopted codes or standards Livestock

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 58 (

d) Recommended Code of Practice for the Care and Handling of Farm Animals - Goats , including Appendix D entitled, "Guidelines for Humane Killing of Goats by Firearms," pub- lished by the Canadian Agri-Food Research Council; (

e) Recommended Code of Practice for the Care and Handling of Farm Animals - Pigs , including Appendix 3 entitled, "Guidelines for Humane Killing of Pigs on Farm," published by Agriculture Canada; (

f) Recommended Code of Practice for the Care and Handling of Farm Animals - Early Weaned Pigs - Addendum to Pig Code, published by the Canadian Agri-Food Research Council; (

g) Recommended Code of Practice for the Care and Handling of Farm Animals - Chicken, Turkeys and Breeders from Hatchery to Processing Plant , published by the Canadian Agri-Food Research Council; (

h) Recommended Code of Practice for the Care and Handling of Pullets, Layers and Spent Fowl - Poultry - Layers , pub- lished by the Canadian Agri-Food Research Council; (

i) Recommended Code of Practice for the Care and Handling of Farm Animals - Bison , published by the Canadian Agri- Food Research Council; and (

j) Recommended Code of Practice for the Care and Handling of Farm Animals - Horses , published by the Canadian Agri- Food Research Council, including Appendix 8 entitled, "Guidelines for Euthanasia of Horses by Firearms."

(2) An owner of beef cattle, veal calves, sheep, goats, pigs, poultry, bison or horses shall comply with the requirements in the re- spective codes or standards for that animal to the extent that they are adopted under subsection (1).

(3) An owner or operator of a place where beef cattle, veal calves, sheep, goats, pigs, poultry, bison or horses are kept or permitted to live or remain shall comply with the requirements in the respective codes or standards to the extent that they are adopted under subsection (1).

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 59 5.

(1) The Code of Practice for the Care and Handling of Dairy Cattle, published by the National Farm Animal Care Council, is adopt- ed except for (

a) the requirement that all cattle be identified using an ap- proved ear tag; (

b) the

section entitled, "Transportation"; and (

c) the appendices to the code.

(2) Notwithstanding paragraph (1)(c), the following appendices to the Code of Practice for the Care and Handling of Dairy Cattle , published by the National Farm Animal Care Council, are adopted: (

a) Appendix A entitled, "Section 7. Assembly Yards and Sales Yards;" and (

b) Appendix J entitled, "Euthanasia of Cattle."

(3) An owner of dairy cattle shall comply with the requirements in the Code of Practice for the Care and Handling of Dairy Cattle to the extent that they are adopted under subsections (1) and (2).

(4) An owner or operator of a place where dairy cattle are kept or permitted to live or remain shall comply with the requirements in the Code of Practice for the Care and Handling of Dairy Cattle to the ex- tent that they are adopted under subsections (1) and (2).

(5) Notwithstanding subsection 2(2), for the purpose of this sec- tion, a "requirement" is clearly de lineated as a requirement in the Code of Practice for the Care and Handling of Dairy Cattle. 6.

(1) A Code of Practice for Canadian Kennel Operations , pub- lished by the Canadian Veterinary Medical Association, is adopted ex- cept for (

a) the

section entitled, "Transportation"; and (

b) the appendices of the code.

(2) Notwithstanding paragraph (1)(b), Appendix A entitled, "Minimal Space Requireme nts for a Dog," to A Code of Practice for Dairy Cattle Kennels

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 60 Canadian Kennel Operations , published by the Canadian Veterinary Medical Association, is adopted.

(3) The minimal space requiremen ts for dogs prov ided in Ap- pendix A to A Code of Practice for Canadian Kennel Operations are requirements for the purpose of this section.

(4) An owner or operator of a kennel shall comply with the re- quirements in A Code of Practice for Canadian Kennel Operations to the extent that they are adopted under subsections (1) and (2). 7.

(1) A Code of Practice for Canadian Cattery Operations , pub- lished by the Canadian Veterinary Medical Association, is adopted ex- cept for (

a) the

section entitled, "Transportation"; and (

b) the appendices to the code.

(2) Notwithstanding paragraph (1)(b), Appendix D entitled, "Recommended Minimum Space Requirements for Cats," to A Code of Practice for Canadian Cattery Operations , published by the Canadian Veterinary Medical Association, is adopted.

(3) The recommended minimum space requirements for cats provided in Appendix D to A Code of Practice for Canadian Cattery Operations are requirements for the purpose of this section.

(4) An owner or operator of a cattery shall comply with the re- quirements in A Code of Practice for Canadian Cattery Operations to the extent that they are adopted under subsections (1) and (2). 8.

(1) The Recommended Code of Practice for the Care and Han- dling of Mink, published by Agriculture Canada, is adopted except for (

a) subsection 1.1 entitled, "Site"; (

b) the provision respecting the manner in which dead mink are to be disposed; and (

c) the

section respecting transportation. Catteries Mink

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 61

(2) An owner or operator of a fur farm shall comply with the requirements in the Recommended Code of Practice for the Care and Handling of Mink, to the extent that they are adopted under subsection (1). 9.

(1) The Recommended Code of Practice for the Care and Han- dling of Ranched Fox , published by Agriculture Canada, is adopted, except for the

section respecting transportation.

(2) An owner or operator of a fur farm shall comply with the requirements in the Recommended Code of Practice for the Care and Handling of Ranched Fox, to the extent that they are adopted under subsection (1). 10.

(1) The following codes and standards published by the Canadi- an Council on Animal Care are adopted: (

a) The Care and Use of Experimental Animals, Volume 1; (

b) Guide to the Care and Use of Experimental Animals , Vol- ume 2; (

c) The Care and Use of Farm Animals in Research, Teaching and Testing; (

d) Laboratory Animal Facilities - Characteristics, Design, and Development; (

e) The Care and Use of Fish in Research, Teaching and Test- ing; (

f) Guidelines on: procurement of animals used in science; (

g) CCAC guidelines on: transgenic animals; and (

h) CCAC guidelines on: euthanasia of animals used in science.

(2) A corporation, partnership, or association of persons which is responsible for research, teachi ng or testing involving animals or which has custody, care or control of an animal for research, teaching or testing shall comply with the requirements in the codes and stand- ards published by the Canadian Council on Animal Care that are adopt- ed under subsection (1). Fox Research, teaching and testing

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 62 11.

(1) The Canadian Association of Zoo and Aquaria Animal Care and Housing Manual , published by the Canadian Association of Zoo and Aquaria, is adopted.

(2) An owner or operator of a circus shall comply with the re- quirements in the Canadian Association of Zoo and Aquaria Animal Care and Housing Manual that are adopted under subsection (1).

(3) Upon the request of an inspector, the owner or operator of a circus shall provide the inspector with a written record (

a) listing the species of animals kept, used, handled and dis- played in relation to the circus; (

b) describing their housing conditions; and (

c) describing the acts they are to perform in the province. 12.

(1) The Animal Care Guidelines for the Retail Pet Industry , published by the Pet Industry Joint Advisory Council, are adopted.

(2) An owner or operator of a pet retail store shall comply with the Animal Care Guidelines for the Retail Pet Industry that are adopted under subsection (1). 13.

(1) An owner of a dog shall comply with the basic standards for dog care that are prescribed in

Schedule B.

(2) An owner or operator of a kennel shall comply with the basic standards for dog care that are prescribed in

Schedule B. (3) Subsections (1) and (2) do not apply to a sled dog. 14.

(1) An owner of a sled dog shall provide a sled dog with (

a) adequate veterinary attention; and (

b) care that is necessary for the general welfare of the sled dog.

(2) An owner or operator of a kennel shall provide a sled dog with (

a) adequate veterinary attention; and Circuses Pet retail stores Dogs Sled dogs

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 63 (

b) care that is necessary for the general welfare of the sled dog. 15. These regulations come into force on May 2, 2012. Commencement

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 64

Schedule A Applicable edition of a code or standard to the extent that it is adopted in the regulations 1. Code of Practice for the Care and Handling of Dairy Cattle (2009), published by the National Farm Animal Care Coun- cil. 2. Recommended Code of Practice for the Care and Handling of Farm Animals - Goats (2003), published by the Canadian Agri-Food Research Council. 3. Recommended Code of Practice for the Care and Handling of Farm Animals - Horses (1998), published by the Canadi- an Agri-Food Research Council. 4.

Recommended Code of Practice for the Care and Handling of Pullets, Layers and Spent Fowl - Poultry - Layers (2003), published by the Canadian Agri-Food Research Council. 5. Recommended Code of Practice for the Care and Handling of Sheep (1995), published by the Canadian Agri-Food Re- search Council. 6. Recommended Code of Practice for the Care and Handling of Farm Animals - Beef Cattle (1991), published by Agricul- ture Canada. 7. Recommended Code of Practice for the Care and Handling of Farm Animals - Veal Calves (1998), published by the Ca- nadian Agri-Food Research Council. 8.

Recommended Code of Practice for the Care and Handling of Farm Animals - Pigs (1993), published by Agriculture Canada. 9. Recommended Code of Practice for the Care and Handling of Farm Animals - Early Weaned Pigs - Addendum to Pig Code (2003), published by the Canadian Agri-Food Re- search Council.

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 65 10. Recommended Code of Practice for the Care and Handling of Farm Animals - Chicken, Turkeys and Breeders from Hatchery to Processing Plant (2003), published by the Ca- nadian Agri-Food Research Council. 11. Recommended Code of Practice for the Care and Handling of Farm Animals - Bison (2001), published by the Canadian Agri-Food Research Council. 12. A Code of Practice for Canadian Kennel Operations (Se- cond edition: 2007), published by the Canadian Veterinary Medical Association. 13.

A Code of Practice for Canadian Cattery Operations (First edition: 2009), published by the Canadian Veterinary Medi- cal Association. 14. Recommended Code of Practice for the Care and Handling of Mink (1988), published by Agriculture Canada. 15. Recommended Code of Practice for the Care and Handling of Ranched Fox (1989), published by Agriculture Canada. 16. Canadian Association of Zoo and Aquaria Animal Care and Housing Manual (2008), published by the Canadian Associ- ation of Zoo and Aquaria. 17.

The Care and Use of Experimental Animals, Volume 1 (Se- cond edition: 1993), published by the Canadian Council on Animal Care. 18. Guide to the Care and Use of Experimental Animals, Vol- ume 2 (1984), published by the Canadian Council on Animal Care. 19. The Care and Use of Farm Animals in Research, Teaching and Testing (2009), published by the Canadian Council on Animal Care. 20. Laboratory Animal Facilities - Characteristics, Design, and Development (2003), published by the Canadian Council on Animal Care.

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 66 21. The Care and Use of Fish in Research, Teaching and Test- ing (2005), published by the Canadian Council on Animal Care. 22. Guidelines on: procurement of animals used in science (2007), published by the Canadian Council on Animal Care. 23. CCAC guidelines on: transgenic animals (1997), published by the Canadian Council on Animal Care. 24. CCAC guidelines on: euthanasia (2010), published by the Canadian Council on Animal Care. 25. Animal Care Guidelines for the Retail Pet Industry (2006), published by the Pet Industry Joint Advisory Council.

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 67

Schedule B Basic Standards of Dog Care

Interpretation 1. The height of a dog in a standing position shall be measured from the top of the dog's shoulder to the ground. 2. The height of a dog in a sitting position shall be measured from the top of the dog's head to the ground. 3. The length of a dog shall be measured from the tip of the nose to the base of the tail of the dog. Care 4. A dog shall be provided with the following: (

a) clean, fresh, unfrozen drin king water, at all times; (

b) sufficient quantity and quality of food to allow for normal, healthy growth and the maintenance of normal, healthy bod- yweight; (

c) clean food and water recept acles located in a manner that prevents spillage and contamination by excreta; (

d) adequate veterinary attention when necessary; and (

e) care that is necessary for the general welfare of the dog. 5. A dog that is kept outside in weather conditions that may pose a risk to the health of the dog or that is housed outside shall be provided with a shelter in accordance with these standards. Design of a basic shelter or dog house 6. A shelter for a dog shall be weather-proof, water-proof and insu- lated. 7. A shelter for a dog shall be sufficiently ventilated in a manner that prevents the accumulation of moisture and odours.

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 68 8. The size and design of a shelter for a dog shall be adequate and appropriate for the size of the dog. 9. A shelter for a dog shall (

a) contain an entrance and a hallway that are separate from a sleeping area; and (

b) have a canvas or rubber flap attached at the entrance. 10. The minimum floor space of th e sleeping area in a shelter for a dog shall comprise 232 square centimetres for each 2.5 centimetres of the height of the dog in a standing position. 11. The minimum ceiling height of the sleeping area in a shelter for a dog shall be 5 centimetres greater than the height of the dog in a sit- ting position. 12. A shelter for a dog shall (

a) be sufficiently elevated o ff the ground to ensure that the floor is kept dry; and (

b) contain in the sleeping area bedding of sufficient depth to provide insulation from cold weather conditions. 13. Straw, woodchips, a blanket or other bedding in a shelter for a dog shall be changed every 7 to 14 days, or as otherwise required to keep the interior of the shelter clean and dry. 14. A mechanism outside of a shelter for a dog shall be provided to hold food and water receptacles in a manner that prevents spillage. Basic requirements for a pen or enclosure 15. A pen or enclosure in which a dog is confined shall be in a good state of repair and made of materials that are not toxic to the dog. 16. The flooring of a pen or enclosure in which a dog is confined (

a) shall be made of a texture and design that prevents the dog from being injured; and

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 69 (

b) shall not be made of wire mesh, metal or wood. 17. A pen or enclosure in which a dog is confined shall not be stacked with another pen or enclosure. 18. The location of a pen or enclosure in which a dog is confined shall not pose a high risk of injury or other distress to the confined dog. 19. A pen or enclosure in which a dog is confined shall not contain more than 3 dogs. 20. A pen or enclosure in which a dog is confined shall not contain a dog that may pose a danger to another dog in the same pen or enclo- sure. 21. A pregnant or nursing dog that is confined in a pen or enclosure shall not be confined with a dog other than its nursing offspring. 22. Notwithstanding

section 19 of this Schedule, there is no maxi- mum number of its nursing offspring that may be confined in a pen or enclosure with a nursing dog. 23. The size of the floor of a pen or enclosure in which one dog is confined shall not be less than 9 square metres. 24. The length and width of a floor of a pen or enclosure in which more than one dog is confined sha ll each be increased by one metre for each additional dog. 25. The minimum height of a pen or enclosure shall be one metre greater than the height of the tallest dog in a standing position that is confined in that pen or enclosure. 26.

A pen or enclosure shall contain at least one shelter for a dog that is designed, built and maintained in accordance with these stand- ards. 27. A pen or enclosure in which a dog is confined shall have an area that provides the dog with shade at all times. 28. A pen or enclosure in which a dog is confined shall be cleaned and have excreta removed from it on a daily basis.

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 70 29. A dog that is confined to a pen or enclosure shall be provided (

a) daily social interaction with people or animals or both; (

b) toys and other enrichments th at are appropriate for the dog's well-being; and (

c) daily access to exercise that is adequate and appropriate for that dog outside of the pen or enclosure. Tethering 30. A dog that is tethered, unsupervised, outside shall be (

a) tethered in a location that does not pose a high risk of injury or other distress to the tethered dog; and (

b) tethered in an environment th at is free of debris and does not cause harm or undue strain or stress on the tethered dog. 31. The area in which a dog is tethered, unsupervised, outside shall be cleaned and have excreta removed from it on a daily basis. 32. The restraining device used to tether a dog that is tethered, un- supervised, outside (

a) shall be at least 5 times the length of the dog; (

b) shall allow the dog to move in a manner that is safe and un- restricted excepted by its length; and (

c) shall not weigh more than 10 per cent of the dog's body weight. 33. A dog that is tethered, unsupervised, outside shall be provided (

a) daily social interaction with people or animals or both; (

b) toys and other enrichments th at are appropriate for the dog's well-being; and (

c) daily access to exercise that is adequate and appropriate for that dog and that is unfettered from a fixed area.

Animal Protection Standards Regulations 36/12 Extraordinary Gazette May 2, 2012 71 34. A dog that is young, aged or infirm shall not be tethered, unsu- pervised, outside for an extended period of time. ©William E. Parsons, Queen's Printer

Extraordinary Gazette May 2, 2012 73 NEWFOUNDLAND AND LABRADOR REGULATION 37/12 Animal Reportable Diseases Regulations under the Animal Health and Protection Act (Filed May 2, 2012) Under the authority of

section 8 of the Animal Health and Protec- tion Act, I make the following regulations. Dated at St. John’s, May 1, 2012. Jerome P. Kennedy, Q.C. Minister responsible for the Forestry and Agrifoods Agency REGULATIONS Analysis 1.

Short title 2.

Interpretation 3. Reportable diseases 4. Commencement

Schedule 1. These regulations may be cited as the Animal Reportable Dis- eases Regulations. 2.

(1) In these regulations, a diseas e of an animal that may be con- sidered infectious or contagious includes an organism that may cause or spread an infectious or contagious disease in an animal, an animal product, or a honeybee hive.

Short title

Interpretation

Animal Reportable Diseases Regulations 37/12 Extraordinary Gazette May 2, 2012 74

(2) An organism that may cause or spread an infectious or con- tagious disease may be found in or on (

a) an animal, animal product, animal by-product, waste materi- al, bedding, food, water, drugs or other thing related to an animal; (

b) a honeybee hive; (

c) an enclosure of an animal; (

d) a premises where an animal is kept or maintained; or (

e) the natural environment of that animal. 3.

(1) An owner, breeder, importer of, or dealer in an animal or a honeybee hive who suspects or noti ces that the animal or honeybee hive has or appears to have an infectious or contagious disease listed in the

Schedule shall immediately report that disease to the Chief Veteri- nary Officer.

(2) A veterinarian who suspects or notices that an animal or a honeybee hive has or appears to have an infectious or contagious dis- ease listed in the

Schedule shall immediately report that disease to the Chief Veterinary Officer.

(3) Where an animal, honeybee hive, animal by-product, animal product, waste material, bedding, food, water, drugs, or other thing related to an animal, or a specimen of it, is examined in a laboratory and it has or appears to have an infectious or contagious disease listed in the Schedule, the manager of the laboratory shall immediately report that disease to the Chief Veterinary Officer. 4. These regulations come into force on May 2, 2012. Reportable diseases Commencement

Animal Reportable Diseases Regulations 37/12 Extraordinary Gazette May 2, 2012 75

Schedule Infectious or Contagious Diseases 1. All diseases listed in the

Schedule to the Reportable Diseases Regulations, SOR/91-2, made under the Health of Animals Act (Cana- da). 2. All diseases listed in

Schedule VII (Immediately Notifiable Dis- eases) to the Health of Animals Regulations, C.R.C., c. 296, made un- der the Health of Animals Act (Canada). 3. One of the following organisms: (

a) Coxiella burnetii (Q Fever); (

b) Chlamydophila abortus (ovine chlamydiosis, enzootic abor- tion of ewes); (

c) Salmonella species; (

d) Paenibacillus larvae subsp. larvae (American foulbrood); (

e) Melissococcus pluton (European foulbrood); (

f) Nosema apis (nosema); (

g) Acarapis woodi (honey bee tracheal mite); (

h) Francisella tularensis (tularaemia); (

i) influenza A virus; (

j) Borrelia burgdorferi (Lyme disease); (

k) Hantavirus; (

l) Yersinia pestis (plague); (

m) Yersinia pseudotuberculosis; (

n) Aleutian disease virus;

Animal Reportable Diseases Regulations 37/12 Extraordinary Gazette May 2, 2012 76 (

o) Varroa destructor (varroa mite); (

p) Galleria mellonella (greater wax moth); (

q) Ixodes scapularis (deer or black-legged tick); (

r) Giardia species; (

s) Toxoplasma gondii; (

t) Leptospira interrogans; and (

u) Listeria monocytogenes. ©William E. Parsons, Queen's Printer

Extraordinary Gazette May 2, 2012 77 NEWFOUNDLAND AND LABRADOR REGULATION 38/12 Fur Farming Regulations under the Animal Health and Protection Act (O.C. 2012-104) (Filed May 2, 2012) Under the authority of sections 8, 45, 65 and 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 1.

Short title 2.

Definitions 3. Licence required 4. Conditions of licensure 5. Clean and sanitary condition 6. Protective barrier 7. Protective barrier - mink farm 8. Snow removal 9. Duty to report escape 10. Duty to recapture escaped animal 11. Inspector may capture ani- mal at large 12. Disposal 13. Minister may recover ex- penses 14. Prohibition 15. Suspended licence 16. Cancelled licence 17. Suspension or cancellation

Fur Farming Regulations 38/12 Extraordinary Gazette May 2, 2012 78 18. Inspection 19. Commencement 1. These regulations may be cited as the Fur Farming Regulations. 2.

In these regulations (a) "fur farm" means a place where fur bearing animals are maintained or kept in captivity for a commercial purpose or a breeding purpose; (b) "fur farm licence" means a licence issued under the Act in respect of a fur farm; (c) "licensee" means the holder of a fur farm licence; (d) "pelt" means the unprocesse d skin of a fur bearing animal; (e) "premises" includes yard, field, corral, farm and garden whether or not they are enclosed with fences or walls and an abattoir, shed, barn, cabin, sh ack or other building or erec- tion; (f) "skin" means the unprocessed skin of a fur bearing animal which has been removed from the carcass of that animal; and (g) "Wild Life Division" means the division of the government of the province with the mandate to protect and conserve the province's biodiversity and manage the wild life resources of the province for the benefit of present and future genera- tions. 3.

(1) A person shall obtain a fur farm licence for each site from which he or she intends to own or operate a fur farm.

(2) A fur farm licence shall specify the species of fur bearing animal that may be maintained or kept in captivity on the fur farm.

(3) A species of fur bearing anim al that may be maintained or kept in captivity on a fur farm is one (

a) for which a permit has been received under

section 82.1 of the Wild Life Regulations;

Short title

Definitions Licence required

Fur Farming Regulations 38/12 Extraordinary Gazette May 2, 2012 79 (

b) for which written permission has been received under sec- tion 83.1 of the Wild Life Regulations; or (

c) to which

section 82.1 or 83.1 of the Wild Life Regulations does not apply.

(4) A fur farm licence may not be transferred or assigned with- out the approval of the minister. 4.

(1) A condition of licensure is compliance with the provisions of the Animal Protection Standards Regulations that apply to the species of fur bearing animal maintained or kept in captivity on the fur farm.

(2) Euthanasia of a fur bearing animal that is maintained or kept in captivity on a fur farm shall be in accordance with the Animal Pro- tection Regulations. 5. A licensee shall maintain the fur farm in a clean and sanitary condition and ensure that a fur bearing animal is maintained or kept in captivity in it in a manner that would not cause it avoidable suffering or injury. 6. A licensee of a fur farm where a fur bearing animal other than mink is maintained or kept in captivity shall construct and maintain a protective barrier to prevent the esca pe of the captive fur bearing ani- mal from the fur farm and the entran ce of a wild fur bearing animal onto the fur farm. 7.

(1) A licensee of a fur farm where mink are maintained or kept in captivity shall construct and maintain a protective barrier to prevent the entrance of a wild mink onto th e fur farm and to prevent the escape of a captive mink from the fur farm.

(2) The protective barrier shall comprise a fence (

a) that is a 9 gauge galvanized chain link fence with a mesh size of 3.81 centimetres; (

b) that has the fence mesh extending 1.8288 metres in height above grade and 30.48 centimetres in height below grade for a total fence mesh height of 2.1336 metres; and Conditions of licensure Clean and sanitary condition Protective barrier Protective barrier - mink farm

Fur Farming Regulations 38/12 Extraordinary Gazette May 2, 2012 80 (

c) that is installed using standard grade steel posts and a top rail.

(3) Spacing of vertical fencepos ts shall not exceed 2.4384 me- tres.

(4) The seams of a gate of th e fence shall not exceed 2.54 cen- timetres in width.

(5) The fence shall be topped fo r its entirety with an 18 gauge sheet metal roof that (

a) is constructed of stock that is 30.48 centimetres wide; (

b) has a 1.27 centimetre fold along each lengthwise edge; (

c) is creased at its midpoint to a 45 degree angle; and (

d) is securely affixed lengthwise on top of the top rail pipe of the fence.

(6) Notwithstanding paragraph (2)(b), a fence in a region with an average maximum snow depth in excess of 99 centimetres as deter- mined by Natural Resources Canada and published in The Atlas of Canada, shall be erected with a height above grade of 2.4384 metres and a height below grade of 30.48 centimetres for a total height of 2.7432 metres.

(7) Notwithstanding paragraphs (2)(a), (2)(

c) and subsection (5), the minister may, in his or her discretion, accept wood, metal or a mate- rial other than that which is prescribed.

(8) Notwithstanding subsection (5), the minister may, in his or her discretion, accept a manner of construction of a fence that prevents the entrance of a wild mink onto the fur farm and the escape of a cap- tive mink from the fur farm, other than the prescribed roofing require- ments.

(9) Notwithstanding subsections (2) to (6), the minister may, in his or her discretion, accept as a protective barrier or as part of a protec- tive barrier a building or another structure that is constructed in a man- ner that prevents the entrance of a wild mink onto the fur farm and the escape of a captive mink from the fur farm.

Fur Farming Regulations 38/12 Extraordinary Gazette May 2, 2012 81 8. A licensee shall remove snow inside and outside a protective barrier immediately. 9. A licensee or custodian of a captive fur bearing animal shall immediately report to an inspector the escape of a captive fur bearing animal from the fur farm. 10.

(1) A licensee or custodian of a captive fur bearing animal shall immediately recapture a captive fur bearing animal that has escaped from the fur farm.

(2) A licensee or custodian of a captive fur bearing animal may direct his or her agent to recapture or attempt to recap ture the animal under subsection (1).

(3) A licensee or custodian of a captive fur bearing animal or his or her agent directed under subsection (2) may destroy or dispose of a captive fur bearing animal that has escaped from the fur farm or the pelt or other product of that animal.

(4) The recapture or attempt to recapture, destruction or disposal of a captive fur bearing animal or the pelt or other product of that ani- mal under this

section shall be in accordance with (

a) the Wild Life Act and regulations and orders made under that Act; and (

b) the direction of the minister under

section 12. 11.

(1) An inspector may recapture or attempt to recapture a captive fur bearing animal that has escaped or has been released from a fur farm, upon the request of the licens ee or where in the opinion of the inspector it is necessary to do so.

(2) An inspector may direct that his or her delegate or agent recapture or attempt to recapture the animal under subsection (1).

(3) An inspector or his or her delegate or agent directed under subsection (2) may destroy or dispose of a captive fur bearing animal that has escaped or has been released from a fur farm or the pelt or oth- er product of that animal. Snow removal Duty to report escape Duty to recapture escaped animal Inspector may capture animal at large

Fur Farming Regulations 38/12 Extraordinary Gazette May 2, 2012 82

(4) The recapture or attempt to recapture, destruction or disposal of a captive fur bearing animal or the pelt or other product of that ani- mal under this

section shall be in accordance with (

a) the Wild Life Act and regulations and orders made under that Act; and (

b) the direction of the minister under

section 12. 12. The minister may, in cooperation with the Wild Life Division and consistent with the Wild Life Act and regulations made under that Act, determine the manner of dispos al of a captive fur bearing animal that has escaped or has been released from a fur farm. 13.

(1) Where the minister incurs co sts, expenses or charges to re- capture, attempt to recapture, destroy or dispose of a captive fur bearing animal that has escaped or has been released from a fur farm, or the pelt or other product of that animal, the reasonable costs, expenses or charges are recoverable from the licensee as a debt owed to the Crown.

(2) The minister shall notify the licensee of his or her determi- nation of the amount of recoverable costs, expenses or charges within 3 months of the conclusion of the recapture period as determined by the minister. 14. A person shall not release or permit the escape of, or attempt to release or permit the escape of, a cap tive fur bearing animal from a fur farm. 15.

(1) Where a fur farm licence is suspended under

section 57 of the Act, the person whose licence is suspended shall not destroy, sell or otherwise dispose of the captive fur bearing animals, the pelts or other products of the captive fur bearing an imals or otherwise operate the fur farm for a commercial purpose or a breeding purpose, without the per- mission of the minister or an inspector.

(2) A person whose fur farm licence is suspended in its entirety or in part shall, during the period of the suspension, (

a) maintain the site of the fur farm in accordance with sec- tions4, 5, 7 and 8; Disposal Minister may re- cover expenses Prohibition Suspended licence

Fur Farming Regulations 38/12 Extraordinary Gazette May 2, 2012 83 (

b) maintain the captive fur bearing animals at the fur farm in accordance with sections 4 and 5, unless this would be in- consistent with the permission under subsection (1) or the terms and conditions of the suspension; and (

c) report the escape of captive fur bearing animals and carry out acts in accordance with sections 9 and 10.

(3) A person whose fur farm licence is suspended in its entirety or in part shall be responsible for the payment of costs, expenses or charges which the minister recovers under

section 13. 16.

(1) Where a fur farm licence is cancelled under

section 57 of the Act, the person whose licence is cancelled shall not destroy, sell or oth- erwise dispose of the captive fur bearing animals, the pelts or other products of the captive fur bearing an imals or otherwise operate the fur farm for a commercial purpose or a breeding purpose, without the per- mission of the minister or an inspector.

(2) A person whose fur farm licence is cancelled in its entirety or in part shall, from the time the licence is cancelled until the captive fur bearing animals are disposed of, (

a) maintain the site of the fur farm and the captive fur bearing animals at that site in accordance with sections 4, 5, 7 and 8; and (

b) report the escape of captive fur bearing animals and carry out acts in accordance with sections 9 and 10.

(3) A person whose fur farm licence is cancelled in its entirety or in part shall be responsible for payment of costs, expenses or charges which the minister recovers under

section 13.

(4) The minister may require as a condition of licensure that a licensee have a plan for the closure of the fur farm and the disposal of the captive fur bearing animals upon cancellation of the fur farm li- cence. 17.

(1) The minister may prescribe terms and conditions respecting the cancellation or suspension of a fur farm licence under

section 57 of the Act. Cancelled licence Suspension or cancellation

Fur Farming Regulations 38/12 Extraordinary Gazette May 2, 2012 84

(2) Where a fur farm licence is suspended or cancelled, the sus- pension or cancellation may apply to the licence in its entirety or to one or more of the operations of the fur farm that are authorized by the li- cence.

(3) The suspension or cancella tion of a fur farm licence may be in addition to another penalty. 18. A licensee shall permit the fur farm to be inspected at all rea- sonable times by an inspector. 19. These regulations come into force on May 2, 2012. ©William E. Parsons, Queen's Printer Inspection Commencement

Extraordinary Gazette 85 May 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 39/12 Newfoundland Pony Regulations under the Animal Health and Protection Act (O.C. 2012-107) (Filed May 2, 2012) Under the authority of

section 53 of the Animal Health and Pro- tection 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 1.

Short title 2.

Definitions 3. Record disposal prohibited 4. Commencement 1. These regulations may be cited as the Newfoundland Pony Reg- ulations. 2. In these regulations (a) "Newfoundland Pony" means the Newfoundland Pony des- ignated under the Newfoundland Pony Designation Order, 2012;

Short title

Definitions

Newfoundland Pony Regulations 39/12 Extraordinary Gazette 86 May 2, 2012 (b) "Registry of Newfoundland Ponies" means the registry es- tablished by the society; and (c) "society" means the Newfoundland Pony Society designated under the Newfoundland Pony Designation Order, 2012. 3. A person shall not dispose of a record filed with the Registry of Newfoundland Ponies. 4. These regulations come into force on May 2, 2012. ©William E. Parsons, Queen's Printer Record disposal prohibited Commencement

Extraordinary Gazette 87 May 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 40/12 Newfoundland Pony Designation Order, 2012 under the Animal Health and Protection Act (Filed May 2, 2012) Under the authority of sections 48, 49 and 50 of the Animal Health and Protection Act, I make the following Order. Dated at St. John’s, May 1, 2012. Jerome P. Kennedy, Q.C. Minister Responsible for the Forestry and Agrifoods Agency ORDER Analysis 1.

Short title 2. Heritage animal designation continued 3. Characteristics of New- foundland Pony 4. Exemption 5. Society designated 6. Repeal 7. Commencement 1. This Order may be cited as the Newfoundland Pony Designation Order, 2012. 2. The designation of the Newfoundland Pony as a heritage animal is continued under

section 48 of the Act. 3. For the purpose of this Order, the Newfoundland Pony is a ver- tebrate of the species Equus caballus that

Short title Heritage animal designation contin- ued Characteristics of Newfoundland Pony

Newfoundland Pony Designation Order, 2012 40/12 Extraordinary Gazette 88 May 2, 2012 (

a) stands from 11.0 to 14.2 hands in height; (

b) has a body structure that may vary from fine-boned to stocky; (

c) has a black, brown, grey, chestnut, white or bays to roan colour, but is not piebald or skewbald in colour; (

d) has a heavy coat that may change colour and character sea- sonally, feather fetlocks with hair extending below the fet- lock points, flint hard hooves, a thick low set tail and thick mane; (

e) is sure footed and is a good winter animal; (

f) has a good temperament; (

g) has dark limb points, but may also have white or light colour on the animal's limbs; (

h) is free from hereditary defects which endanger the animal's ability to live a normal healthy life; and (

i) was born in the province or whose ancestry may be traced to the province. 4. Subsection 49(1) of the Act does not apply to the Newfoundland Pony. 5.

(1) The designation of the Newfoundland Pony Society as a society to act in the preservation of the Newfoundland Pony is contin- ued under paragraph 50(

a) of the Act.

(2) The Newfoundland Pony Soci ety shall carry out the objects and the duties described in sections 51 and 52 of the Act. 6. The Newfoundland Pony Designation Order , Newfoundland and Labrador Regulation 114/97, is repealed. 7. This Order comes into force on May 2, 2012. ©William E. Parsons, Queen's Printer Exemption Society designated Repeal Commencement

Extraordinary Gazette 89 May 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 41/12 Nuisance Animals Regulations under the Animal Health and Protection Act (O.C. 2012-103) (Filed May 2, 2012) Under the authority of sections 45 and 66 of the Animal Health and Protection Act, the Lieutenant-Governor in Council makes the fol- lowing regulations. Dated at St. John’s, May 2, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Exception to tethering out- side local government areas 4. Exception to tethering - dog park 5. Non-application to islands - Labrador Inuit Lands 6. Impounding - time periods 7. Impounding 8. Repeal 9. Commencement 1. These regulations may be cited as the Nuisance Animals Regula- tions. 2. In these regulations

Short title

Definitions

Nuisance Animals Regulations 41/12 Extraordinary Gazette 90 May 2, 2012 (a) "Act" means the Animal Health and Protection Act except where the context indicates otherwise; (b) "Labrador Inuit Lands" means Labrador Inuit Lands as de- fined under the Labrador Inuit Land Claims Agreement Act ; and (c) "local government area" means an area within the bounda- ries of the City of St. John`s, the City of Corner Brook, the City of Mount Pearl, a municipality or local service district continued or established under the Municipalities Act, 1999, a community established under a land claims agreement made under

section 35 of the Constitution Act, 1982 (Cana- da), a reserve established under the Indian Act (Canada), or a community established by a se lf-government agreement un- der provincial law. 3. Notwithstanding subsection 32(1) of the Act, a dog need not be tethered or penned up outside of a local government area where (

a) it is kept under the direct control of its owner; and (

b) the keeping of the dog outs ide the local gov ernment area is not prohibited or otherwise regulated under another law, in- cluding the following Acts and regulations, by-laws and or- ders made under those Acts respecting the keeping of dogs: (

i) Fish Inspection Act; (ii) Labrador Inuit Land Claims Agreement Act; (iii) Lands Act; (iv) Provincial Parks Act; (

v) Wilderness and Ecological Reserves Act; and (vi) Wild Life Act. 4. Notwithstanding subsection 32(1) of the Act, a dog need not be tethered or penned up where it is in a recognized dog park. Exception to tether- ing outside local government areas Exception to tether- ing - dog park

Nuisance Animals Regulations 41/12 Extraordinary Gazette 91 May 2, 2012

Section 32 of the Act and

section 3 of these regulations do not apply to islands that are Labrador Inuit Lands on which sled dogs are kept not tethered, penned or under the direct control of the sled dog owner. 6.

(1) The time period in which an owner shall pay reasonable costs under subsection 39(3) of the Act to an impounder is 10 days fol- lowing the day that the owner's animal is impounded.

(2) The time period in which an owner may apply to the minis- ter under subsection 39(6) of the Act is one year following the date of the sale of that owner's animal. 7. The minister may set terms and conditions in the authorization to a person to impound livestock under

section 39 of the Act. 8. The Livestock Regulations, Consolidated Newfoundland and Labrador Regulation 19/96, are repealed. 9. These regulations come into force on May 2, 2012. ©William E. Parsons, Queen's Printer Non-application to islands - Labrador Inuit Lands Impounding - time periods Impounding Repeal Commencement

Extraordinary Gazette 93 May 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 42/12 Designation of Inspectors Order Repeal Order under the Heritage Animals Act (Filed May 2, 2012) Under the authority of

section 6 of the Heritage Animals Act, I make the following Order. Dated at St. John’s, May 1, 2012. Jerome P. Kennedy, Q.C. Minister Responsible for the Forestry and Agrifoods Agency ORDER Analysis 1.

Short title 2. Repeal 3. Commencement 1. This Order may be cited as the Designation of Inspectors Order Repeal Order. 2. The Designation of Inspectors Order , Newfoundland and Labrador Regulation 113/97, is repealed. 3. This Order comes into force on May 2, 2012. ©William E. Parsons, Queen's Printer

Short title Repeal Commencement

Extraordinary Gazette 95 May 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 43/12 Provincial Offences Ticket Regulations, 1999 (Amendment) under the Provincial Offences Act (O.C. 2012-101) (Filed May 2, 2012) Under the authority of

section 31 of the Provincial Offences 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 1. S.2 Amdt. Contravention 2. Commencement

Section 2 of the Provincial Offences Ticket Regulations, 1999 is amended by adding immediately after paragraph (k.2) the fol- lowing: (k.3) a provision of the Animal Health and Protection Act or a regulation made under that Act as set out in the Animal Health and Protection Ticket Offences Regulations or a

schedule to those regulations; 2. These regulations come into force on May 2, 2012. ©William E. Parsons, Queen's Printer NLR78/99 as amended Commencement

Extraordinary Gazette 97 May 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 44/12 Wild Life Regulations (Amendment) under the Wild Life Act (O.C. 2012-100) (Filed May 2, 2012) Under the authority of

section 7 of the Wild Life Act, the minister, with the approval of the Lieutenant-Governor in Council, makes the following regulations. Dated at St. John’s, May 2, 2012. Terry French Minister of Environment and Conservation Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. Ss.2.1 and 2.2 Added 2.1 Application - fur farms 2.2 Application - circuses 3. S.10 Amdt. Licences and badges 4. S.17 Amdt. Prohibited activities 5. S.20 R&S Fur Farms 6. S.82.1 Added Possession of live captive fur bearing animals

Wild Life Regulations (Amendment) 44/12 Extraordinary Gazette 98 May 2, 2012 7. S.83.1 Added Import of captive furbearing animals 8. S.84.1 Added Release of animals from fur farm prohibited 9. Commencement 1.

(1) Section 2 of the Wild Life Regulations is amended by add- ing immediately after paragraph (

g) the following: (g.1) "fur farm" means a fur farm as defined in the Fur Farming Regulations made under the Animal Health and Protection Act;

(2) Section 2 of the regulations is amended by adding imme- diately after paragraph (

k) the following: (k.1) "licensed fur farm" means a fur farm for which a licence has been issued and is in force under the Animal Health and Protection Act and the Fur Farming Regulations made under that Act; 2. The regulations are amende d by adding immediately after

section 2 the following: 2.1

(1) These regulations do not apply to a fur bearing animal that is maintained or kept in captivity on a licensed fur farm, or the pelt or other parts of that animal.

(2) Notwithstanding subsection (1), these regulations apply to a fur bearing animal that escapes or is released from a licensed fur farm, or the pelt or other parts of that animal.

(3) Notwithstanding subsection (1), these regulations apply to a wild fur bearing animal that was not previously maintained or kept in captivity on a licensed fur farm and is captured in the province and subsequently maintained or kept in captivity on a licensed fur farm, or the pelt or other parts of that animal. 2.2

(1) These regulations do not apply to an animal that is main- tained or kept in captivity in a circus.

(2) Notwithstanding subsection (1), sections 82, 83 and 84 apply to an animal that is maintained or kept in captivity in a circus. CNLR 1156/96 as amended Application - fur farms Application - circuses

Wild Life Regulations (Amendment) 44/12 Extraordinary Gazette 99 May 2, 2012

(3) Notwithstanding subsection (1), these regulations apply to an animal that escapes or is released from a circus.

(4) For the purpose of this section, (a) "circus" means a mobile place in which animals held and exhibited are made to perform behaviours at the direction of a human handler or trainer for the entertainment or education of members of the public and excludes a dog show, a horse show and a livestock fair; and (b) "place" includes commercial or private premises, land, a container, vehicle, vessel or aircraft. 3. Paragraph 10(1)(

b) of the regulations is repealed. 4. Paragraphs 17(

b) and (

c) of the regulations are repealed.

Section 20 of the regulations is repealed and the following substituted: 20. The owner or operator of a licensed fur farm or custodian of a fur bearing animal on a licensed fur farm shall not feed or cause to be fed the meat of any game animal to fur bearing animals maintained or kept in captivity on the licensed fur farm except under a permit from the minister. 6. The regulations are amende d by adding immediately after

section 82 the following: 82.1

(1) Notwithstanding subsection 2.1(1), every person in posses- sion or control of a live furbearing animal that has been born or bred in captivity and is to be maintained or kept in captivity on a licensed fur farm shall, immediately upon coming into that possession or control, apply in writing to the minister for a permit to keep the live furbearing animal in captivity.

(2) This

section does not apply to Mustela vison (mink), Vulpes vulpes (Coloured fox) or Alopex lagopus (Blue (Arctic) Fox) but does apply to a hybrid of one or both of those species. 7. The regulations are amende d by adding immediately after

section 83 the following: Fur farms Possession of live captive fur bearing animals

Wild Life Regulations (Amendment) 44/12 Extraordinary Gazette 100 May 2, 2012 83.1

(1) Notwithstanding subsection 2.1(1), except with the prior written permission of the minister, a person shall not (

a) import or bring into the province; or (

b) bring into the island portion of the province from Labrador a furbearing animal that has been born or bred in captivity and is to be maintained or kept in captivity on a licensed fur farm.

(2) A person shall not have possession of a furbearing animal that has been born or bred in captivity and is maintained or kept in captivity on a licensed fur farm, which has been imported into the prov- ince or has been brought into the island portion of the province from Labrador without the prior written permission of the minister.

(3) This

section does not apply to Mustela vison (mink), Vulpes vulpes (Coloured fox) or Alopex lagopus (Blue (Arctic) Fox) but does apply to a hybrid of one or both of those species. 8. The regulations are amende d by adding immediately after

section 84 the following: 84.1 Notwithstanding subsection 2.1(1), a person shall not release or permit the escape of, or attempt to release or permit the escape of, a fur bearing animal that is maintained or kept in captivity on a licensed fur farm. 9. These regulations come into force on May 2, 2012. ©William E. Parsons, Queen's Printer Import of captive furbearing animals Release of animals from fur farm prohibited Commencement

101 ST. JOHN'S, WEDNESDAY, MAY 2 2012 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No.

Animal Health and Protection Act Proclamation bringing NLR 32/12 New May 2/12 p. 3 Act into force (SNL2010 cA-9.1) (In force May 2, 2012) Animal Health NLR 33/12 CNLR 1081/96 May 2/12 p. 5 Regulations R&S Animal Health and NLR 34/12 New May 2/12 p. 13 Protection Ticket Offences Regulations Animal Protection NLR 35/12 New May 2/12 p. 47 Regulations Animal Protection NLR 36/12 New May 2/12 p. 55 Standards Regulations Animal Reportable NLR 37/12 New May 2/12 p. 73 Diseases Regulations Fur Farming NLR 38/12 New May 2/12 p. 77 Regulations Newfoundland Pony NLR 39/12 New May 2/12 p. 85 Regulations Newfoundland Pony NLR 40/12 NLR 114/97 May 2/12 p. 87 Designation Order, 2012 R&S Nuisance Animals NLR 41/12 CNLR 19/96 May 2/12 p. 89 Regulations R&S

102 ST. JOHN'S, WEDNESDAY, MAY 2 2012 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Heritage Animals Act Designation of Inspectors NLR 42/12 Re peals May 2/12 p. 93 Order Repeal Order NLR 113/97 Provincial Offences Act Provincial Offences NLR 43/12 NLR 78/99 May 2/12 p. 95 Ticket Regulations, 1999 S. 2 Amdt. (Amdt.) Wildlife Act Wildlife Regulations NLR 44/12 CNLR 1156/96 May 2/12 p. 97 (Amdt.) S. 2 Amdt. Ss. 21 & 22 Added S. 10 Amdt. S. 17 Amdt S. 20 R&S S. 82.1 Added S. 83.1 Added S. 84.1 Added

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2012-05-02
Type	gazette
Volume / chapter	printer gazette extraordinary issues 2012 nlg120502extra
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	36687f36a4bb9ba2447a0d939adc96cd433ace51

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