2016 Legislative Session: 5th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MS. SELINA ROBINSON

BILL M 224 – 2016

DISTRESSED ANIMAL ACT, 2016

This Bill amends the Motor Vehicle Act , the Community Charter , and the Vancouver Charter to ensure safer transportation of animals in vehicles. This Bill requires that animals are provided with proper ventilation and protection from extreme weather when being transported or are left unattended in vehicles. This Bill also gives municipalities the ability to seize distressed animals that are left unattended in vehicles.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia enacts as follows:

Motor Vehicle Act

Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following

definitions:

"adequate ventilation" means access to air in a vehicle through an opening of at least 500 cm squared;

"extreme temperature" means an enclosed internal temperature of 27 degrees Celsius or higher; .

Section 72 of the Act is repealed the following substituted:

(1) A person commits an offence if the person transports a living animal on the running board, fender, hood or other exterior

part of a vehicle unless a suitable cage, carrier or guard rail is provided and is attached adequately to protect that animal

from falling or being thrown from the vehicle.

(2) A person commits an offence if the person transports a living animal in a vehicle· without providing adequate ventilation

and protection from extreme temperature or weather conditions, causing ·the animal to be in distress.

(3) A person commits an offence if the person leaves a living animal in a vehicle without providing adequate ventilation

and protection from extreme temperature or weather conditions, causing the animal to be in distress.

(4) A local by-law officer who discovers an animal that the officer believes on reasonable grounds is in distress under subsections

(1), (2) or (3) may do one or more of the following:

(

a) provide any care or take any other action the local by-law officer considers necessary to relieve the animal’s distress;

(

b) seize the animal.

Community Charter

Section 48 (

a) of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted:

Seizure and related powers

48 A council may, by bylaw, do one or more of the following:

(

a) provide for the seizure of animals that are

(

i) unlicensed, if there is a requirement that they be licensed,

(ii) unlawfully at large on a highway or in a public place,

(iii) straying or trespassing on private property,

(iv) on unfenced land and not securely tethered or contained, or

(

v) left unattended in a motor vehicle without adequate ventilation and without protection from extreme temperatures or weather

conditions, causing the animal to be in distress; .

Local Government Act

Section 320 (

a) of the Local Government Act, R.S.B.C. 2015, c. 1, is repealed and the following substituted:

Animal pounds

320 The board may, by bylaw, do one or more of the following:

(

a) provide for the seizure, impounding and detention of

(

i) unlicensed dogs;

(ii) animals referred to in

section 318 (1) (

a) that are unlawfully at large, and;

(iii) animals left unattended in a motor vehicle without adequate ventilation and without protection from extreme temperatures

or weather conditions, causing the animal to be in distress; .

Vancouver Charter

Section 324 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following paragraph:

(a.

l) for the seizure of animals left unattended in a vehicle without adequate ventilation and without protection from extreme

temperatures or weather conditions, causing the animal to be in distress; .

Consequential and Related Amendments

Community Charter

Section 1 of the

schedule of the Community Charter, S.B.C. 2003, c. 26, is amended by adding the following

definitions:

"adequate ventilation" has the same meaning as in

section 1 in the Motor Vehicle Act , R.S.B.C. 1996, c. 318;

"extreme temperature" has the same meaning as in

section 1 in the Motor Vehicle Act , R.S.B.C. 1996, c. 318; .

Local Government Act

Section 5 of the Local Government Act, R.S.B.C. 2015 c. 1, is amended by adding the following

definitions:

"adequate ventilation" has the same meaning as in

section 1 in the Motor Vehicle Act , R.S.B.C. 1996, c. 318;

"extreme temperature" has the same meaning as in

section 1 in the Motor Vehicle Act , R.S.B.C. 1996, c. 318; .

Vancouver Charter

Section 7 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following

definitions:

"adequate ventilation" has the same meaning as in

section 1 in the Motor Vehicle Act , R.S.B.C. 1996, c. 318;

"extreme temperature" has the same meaning as in

section 1 in the Motor Vehicle Act , R.S.B.C. 1996, c. 318; .

Explanatory Note

This Bill amends the Motor Vehicle Act , the Community Charter , and the Vancouver Charter to ensure safer transportation of animals in vehicles. This Bill requires that animals are provided with proper ventilation

and protection from extreme weather when being transported or are left unattended in vehicles. This Bill also gives municipalities

the ability to seize distressed animals that are left unattended in vehicles.

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c) Queen’s Printer, Victoria, British Columbia, Canada