Third Session, 46th

General Assembly

59 Elizabeth II,

BILL 30

AN ACT RESPECTING THE HEALTH AND PROTECTION OF ANIMALS

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

KATHY DUNDERDALE

Minister of Natural

Resources

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the law

respecting live animals and consolidate the

Animal Protection Act , the Dog Act ,

the Heritage Animals Act, the Livestock Act and the Livestock Health Act .

This Bill would amend live animal law

providing for the appointment of

inspectors to enforce live animal legislation;

providing new inspection and search and

seizure provisions;

prescribing codes of practice and

standards of care in regulations;

requiring veterinarians to report

suspected cases of animal neglect or abuse to the Chief Veterinary Officer;

consolidating and amending legislation

respecting nuisance animals;

providing new prohibitions;

increasing penalties and providing for

restitution orders; and

enabling a Provincial Court judge to order a lifetime

ban on ownership of animals.

A BILL

AN ACT RESPECTING THE HEALTH AND PROTECTION OF ANIMALS

Analysis

Short title

Interpretation

Labrador Inuit rights

PART

ANIMAL HEALTH

Interpretation

Inspection

Investigation

Ministerial orders

Regulations

PART

ANIMAL PROTECTION

Viewing of animal

Inspection of commercial place

Investigation

Seek owner's cooperation

Taking custody of animal

Destruction of an animal

Expenses

Provincial Court order

Disposal

Prohibition

Law enforcement animal

Prohibition - fighting

Transport of animal in vehicle

Prohibition - enclosed space

Prohibition - trunk

Prohibition

Prohibition - docking

Prohibition - cropping of ears

Veterinarian to report

Animal injured or killed by motor

vehicle

Regulations

Conflict

PART

III

NUISANCE ANIMALS

Duty of owner

Dogs to be penned up

Livestock at large prohibition

Liability

Animal may be destroyed

Complaint before Provincial Court judge

Authorization of inspector

Animal at large

Impounding livestock

Prohibition

Prohibition

Failure to comply with Provincial Court

order

Investigation

Provincial Court order

Regulations

Conflict

PART

HERITAGE ANIMALS

Definitions

Heritage animals

Protection of heritage animals

Powers of minister

Objects of society

Duties of society

Regulations

Conflict

PART

LICENSING

Licence

Application for licence

Licence

Suspension or cancellation of a licence

Production of licence

Certificate

Address for service

Notice of change

Annual return

Regulations

PART

REGULATIONS AND FEES

Regulations and fees

Prohibited practices and procedures

PART

VII

INSPECTOR'S POWERS

Inspector

Telewarrant

Use of force

Detain a vehicle

Seizure and forfeiture

Custody in law

Assistance to inspector

Obstruction prohibited

PART

VIII

OFFENCES AND PENALTIES

Offence

PART

GENERAL

Municipal authority

Immunity

Certificates

PART

REPEAL AND COMMENCEMENT

RSNL1990 cW-8 Amdt.

Repeal

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Animal Health and

Protection Act .

Interpretation

(1) In

this Act

(a) "animal" means a non-human

vertebrate;

(b) "animal by-product" means a part of

an animal or its carcass that is extracted, collected or otherwise obtained

from an animal or from its carcass for purposes that are not a principal

intention of growing or raising the animal and includes,

(

i) blood and its

components, and anything containing those things or derived from those things,

(ii) antlers, bones, bristles, feathers, flesh,

hair, hides, skins, hoofs, horns, offal and anything containing those things or

derived from those things, and

(iii) another thing prescribed by regulation as an

animal by-product,

but does not include a thing prescribed by

regulation as excluded;

(c) "animal product" means a material

derived from an animal or its carcass where a principal intention of growing or

raising the animal is for the consumption or other use by humans of the

material, whether for food, fibre, fuel, pharmacological or medical purposes,

and includes,

(

i) reproductive

animal material, including ova, embryos and semen,

(ii) meat,

(iii) milk, cream, butter and cheese,

(iv) eggs,

(

v) honey,

(vi) fibre derived from animals,

(vii) hides, skins and pelts, and

(viii) another thing prescribed by regulation as an

animal product,

but does not include a thing prescribed by

regulation as excluded;

(d) "Chief Veterinary Officer" means the

official employed in the department as the chief veterinary officer;

(e) "companion animal" means

(

i) a dog,

(ii) a cat, or

(iii) an animal kept for companionship or bred or

raised for sale for companionship and not for an agricultural purpose,

and excludes

(iv) livestock,

(

v) wild life and fish as defined in the Wild

Life Act , and

(vi) an animal that may be prescribed by regulation

as excluded;

(f) "department" means the department

presided over by the minister;

(g) "distress" means the state of being

in need of proper care, water, food or shelter, being sick, injured, abused or

in pain or of suffering undue or unnecessary hardship, privation or neglect;

(h) "dog" means a dog, male or female,

and includes an animal which is a cross between a dog and a wolf;

( i ) "fur bearing

animal" means a beaver, chinchilla, fisher, fox, lynx, marten, mink,

muskrat, rabbit, squirrel, weasel, wolf or other animal that may be prescribed

by regulation to be a fur bearing animal;

(j) "hazard" includes

(

i) a danger or threat

to life or property, or

(ii) an impediment to the operation of a motor

vehicle;

(k) "injured" and "injuries"

includes injuries caused by wounding, worrying, terrifying or pursuing;

(l) "inspector" means an inspector

appointed or designated under

section 68 ;

(m) "licence" means a licence issued

under

section 55 ;

(n) "licensee" means a person who is the

holder of a licence issued under

section 55 ;

(o) "livestock" means horses, cattle,

sheep, goats, swine, poultry, llamas, alpacas, bison, and fur bearing animals

raised in captivity and another domesticated animal that may be prescribed by

regulation to be livestock;

(p) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(q) "motor vehicle" means a vehicle

propelled, driven or controlled other than by muscular power and includes a

vehicle running on fixed rails;

(r) "municipal authority" means a local

government designated by the minister under

section 77 ;

(s) "nuisance" as applied to animals

means an animal which has

(

i) been shown to have

trespassed upon land enclosed by a fence, by breaking, going under or jumping

over the fence, or

(ii) caused a hazard to people, other animals, livestock

operations, property or to the safe operation of motor vehicles;

(t) "owner" when used with reference to

an animal includes a person who has custody, charge or possession of that

animal or who is the owner of property, a house, premises or part of a premises

where an animal is kept or permitted to live or remain;

(u) "peace officer" means a member of

the Royal Newfoundland Constabulary or a member of the Royal Canadian Mounted Police;

(v) "place" includes commercial or

private premises, land, a container, vehicle, vessel or aircraft;

(w) "poultry" means chicken, turkeys,

ducks, geese, guinea fowl, pigeons and other domesticated birds;

(x) "SPCA" means the corporation known

as The Society for the Prevention of Cruelty to Animals ( Newfoundland

and Labrador );

(y) "staff veterinarian" means a veterinarian

employed in that capacity by the department;

(z) "veterinarian" means a veterinarian

licensed under the Veterinary Medical Act,

2004 ; and

( aa ) "warrant"

includes a telewarrant .

(2) For the purpose of this Act, an accepted

activity is an activity designated by the regulations as an accepted activity.

(3) Notwithstanding subsection (2), an activity is

an accepted activity only where it is carried out in a manner that is

consistent with the regulations.

(4) Parts II, III, IV and V do not apply to fish

or wild life as defined in the Wild Life

Act .

Labrador Inuit

rights

(1) This

Act and regulations made under this Act shall be read and applied in

conjunction with the Labrador Inuit Land

Claims Agreement Act and, where a provision of this Act or the regulations

made under this Act is inconsistent or conflicts with a provision, term or

condition of the Labrador Inuit Land

Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act

shall have precedence over the provision of this Act or a regulation made under

this Act.

(2) Where under this Act or regulations made under

this Act, the minister issues a licence, he or she may add to that licence

terms or conditions that the licensee must comply with in order to ensure compliance

Inuit Land Claims Agreement Act .

PART I

ANIMAL HEALTH

Interpretation

(1) For

the purpose of this Part and Parts V, VI, VII, and VIII, "animal" includes

honey bees and other invertebrates as may be prescribed by regulation to be included

as animals.

(2) Where this Part applies to fish, it shall be

(

a) fish as defined in the Wild Life Act ;

and

(

b) fish that are companion animals.

(3) This Part does not apply to fish or aquatic

animals that are subject to the Fish

Inspection Act or the Aquaculture Act .

Inspection

(1) An

inspector may inspect an animal, animal by-product, animal product, waste

material, bedding, food, water, drugs or other thing related to an animal, or

an activity which an inspector has reasonable grounds to believe is related to

an animal, or a place in which an inspector has reasonable grounds to believe

an animal, or information related to an animal, is kept or has been kept,

(

a) where an inspector reasonably believes that it

is necessary to carry out an inspection to determine the presence, absence or

prevalence of a contagious or infectious disease, or to prevent the spread of a

contagious or infectious disease; or

(

b) to determine compliance with this Part and the

regulations, or an order, a licence or a permit made under this Act or the

regulations.

(2) An inspector may carry out an inspection under

subsection (1) at a reasonable time either alone or accompanied by one or more

veterinarians or other persons as the inspector considers reasonably necessary.

(3) The power to enter and inspect a place under

this

section shall not be exercised to enter and inspect a place that is a

dwelling house except with the consent of the occupant or under a warrant.

(4) An inspector conducting an inspection under

this

section may

(

a) pass through or over land without being liable

for trespass or another action in relation to that land, in order to gain access

to the place that is subject to the inspection;

(

b) enter and inspect the place and the animals,

animal products, animal by-products, waste materials, bedding, food, water, drugs

or other things related to animals found there;

(

c) open a package, crate, cage, or other thing

for the purpose of examining the contents;

(

d) detain, or order the owner to detain, or seize

an animal for the purpose of inspection, inoculation, or treatment for infectious

or contagious disease, or to prevent the spread of that infectious or

contagious disease, or for another purpose that is relevant to this Part;

(

e) implement inoculations of animals that may be

considered necessary to prevent the spread of infectious or contagious disease,

and treat animals suffering from or suspected of suffering from that infectious

or contagious disease;

(

f) quarantine or dispose of an animal, or arrange

for the quarantine or disposal of the animal, in accordance with the regulations

or an order;

(

g) detain, or order the owner to detain, or seize

an animal product, an animal by-product, waste material, bedding, food, drugs

or other thing related to an animal;

(

h) mark an animal, a container or other thing

that has been inspected for the purpose of identification;

(

i) take samples from

or perform or arrange for tests on living or dead animals, animal products,

animal by-products, waste materials, bedding, food, drugs or other things

related to animals on, at or in the place, and may exhume or cause to be

exhumed the carcass of an animal to do these things;

(

j) conduct or cause to be conducted an examination

with respect to a dead animal and transport or cause to be transported the

remains of the animal for this purpose;

(

k) take photographs or make videos, notes or

other recordings of a thing on, at or in the place that the inspector considers

to be of assistance to the inspection;

(

l) demand the production of and examine a record

or thing that is relevant to the inspection;

(

m) make copies of a record or thing or, upon

issuing a receipt, remove them for the purpose of making copies;

(

n) use or cause to be used a data processing

system at the place to examine data contained in or available to the data

processing system;

(

o) reproduce a record or cause it to be

reproduced from the data in the form of a print-out or other intelligible

output and remove the print-out or other output for examination or copying;

(

p) use or cause to be used copying equipment at

the place to make copies of a record, book of account or other document; and

(

q) require the owner to give the inspector all

reasonable assistance, including the production of an animal, animal product,

animal by-product, waste material, bedding, food, water, drugs or other thing

related to an animal that is relevant to the inspection, and to answer all questions

relating to matters arising under this Part and the regulations concerning animals,

animal origins, animal products, animal by-products, waste materials, bedding,

food, water, drugs or other things related to animals that are present, have

been present, or are expected to be present on, at or in the place, and, for

that purpose, require the owner to attend at a place with the inspector.

(5) A sample taken under subsection (4) shall be

disposed of as the minister directs.

(6) A Provincial Court judge who is satisfied upon

oath or affirmation that there are reasonable grounds to believe that animals, animal

products, animal by-products, waste materials, bedding, food, water, drugs or

other things related to animals, or information related to animals, are being

kept or have been kept on, at or in a place and that an inspector has been

prevented from entering or inspecting a place or that an inspector shall be

prevented from entering or inspecting a place, under this section, may issue a

warrant authorizing one or more inspectors named in the warrant, either alone

or accompanied by one or more veterinarians or other persons as the inspector

considers reasonably necessary, to enter the place, by force where necessary,

and carry out the activities authorized under this section, subject to the conditions

that may be specified in the warrant.

(7) An application for a telewarrant

under

section 69 shall include the inspector's

grounds for believing that animals, animal products, animal by-products, waste

materials, bedding, food, water, drugs or other things related to animals, or

information related to animals, are kept or have been kept on, at or in a place

and an inspector has been prevented from entering or inspecting a place or that

an inspector shall be prevented from entering or inspecting a place for a

purpose outlined in subsection (1).

Investigation

(1) Where

an inspector has reasonable grounds to believe that there is on, at or in a

place anything that will give evidence with respect to a contravention of this

Part or the regulations or an order, licence or permit made or issued under the

Act or the regulations, relating to animal health, the inspector may, with a

warrant issued under subsection (2), enter the place and investigate, inquire

into and examine anything in respect of which the investigation is being made.

(2) A Provincial Court judge who is satisfied upon

oath or affirmation that there is on, at or in a place anything that will give

evidence with respect to a contravention of this Part or the regulations or an

order, licence or permit made under the Act or the regulations, relating to

animal health, may issue a warrant authorizing one or more inspectors named in

the warrant, either alone or accompanied by one or more veterinarians or other

persons as the inspector considers reasonably necessary, to enter the place by

force where necessary, and subject to the conditions that may be specified in

the warrant, to

(

a) search for, examine and seize anything that

will provide evidence with respect to a contravention of this Part or the regulations,

or an order, licence or permit made or issued under the Act or the regulations,

relating to animal health;

(

b) examine the animals found there;

(

c) take samples from or perform or arrange for

tests on living or dead animals, animal products, animal by-products, waste

materials, bedding, food, drugs or other things related to an animal on, at or

in the place, and may exhume or cause to be exhumed the carcass of an animal to

do these things;

(

d) make excavations;

(

e) take photographs or make videos, notes or

other recordings;

(

f) make copies of a record or thing;

(

g) use or cause to be used a data processing system

at the place to examine data contained in or available to the data processing

system;

(

h) reproduce a record or cause it to be

reproduced from the data in the form of a print-out or other intelligible

output and remove the print-out or other output for examination or copying;

(

i) use or cause to be

used copying equipment at the place to make copies of a record, book of account

or other document; and

(

j) make those inquiries that the inspector

considers necessary.

(3) An application for a telewarrant

under

section 69 shall include the inspector's

grounds for believing that there is on, at or in a place anything that will give

evidence with respect to a contravention of this Part or the regulations or an

order, licence or permit made under the Act or the regulations, relating to

animal health.

(4) Notwithstanding subsection (1), an inspector

may exercise the powers referred to in this

section without a warrant, in a

place other than a dwelling-house, where the conditions for obtaining a warrant

exist but because of exigent circumstances it would not be practical to obtain

the warrant.

(5) In subsection (4), exigent circumstances

include circumstances in which the delay necessary to obtain the warrant would

result in danger to human life or safety or the loss or destruction of

evidence.

Ministerial

orders

7. The

minister may by order

(

a) designate a part of the province as an animal

health area for the purpose of disease control;

(

b) require the destruction of animals believed to

be diseased; or

(

c) award compensation for animals destroyed.

Regulations

(1) The

Lieutenant-Governor in Council may make

regulations in respect of an area, or in respect of the province at large, or

in respect of both,

(

a) providing for the prevention, control and

eradication of animal diseases;

(

b) prescribing the precautions to be taken on the

landing of meats, raw hides or other parts of dead animals which might carry

infection;

(

c) prescribing the prohibition of moving animals

from the point of entry;

(

d) prescribing the sanitary condition of a place

in which animals are kept;

(

e) prescribing the disinfection of a place and

the destruction of materials with which animals have been in contact and might

carry infection;

(

f) prescribing the prohibition of the use of a

place considered to be infected or probably infected;

(

g) prescribing rules for the slaughter of animals

found to be dangerously infected;

(

h) prescribing rules for compensating owners of

animals ordered to be slaughtered;

(

i) governing the

precautions to be taken to isolate animals to prevent the spread of disease;

(

j) prescribing the methods and procedures and

requirements of veterinary testing to be applied to animals;

(

k) prescribing the providing of information by

importers and dealers as to actual or proposed landings of animals, and as to

the conditions as regards animal diseases in the places from which the animals

are imported or proposed to be imported;

(

l) respecting the marketing of live animals, animal

by-products, animal products, bedding and food for animals and other things

related to animals, for the purpose of disease prevention and control;

(

m) governing the records to be kept and the

information to be supplied by all importers, dealers, keepers, and breeders in

the province of animals, animal by-products, animal products, bedding, food,

drugs and other things related to animals, for the purpose of disease

prevention and control;

(

n) prescribing rules for the moving, keeping,

handling and treatment of animals not apparently diseased but responding

unsatisfactorily to standard tests for latent disease or proneness to disease;

(

o) prescribing the control of the storage, sale

and use of

(

i) live and killed

vaccines, and

(ii) drugs;

(

p) prescribing the licensing of importers,

dealers, keepers and breeders in the province of animals, animal by-products,

animal products, bedding, food, drugs and other things related to animals, for

the purpose of disease prevention and control;

(

q) prescribing those species or classes of animals

that are exempted from the regulations or portions of the regulations;

(

r) prescribing the tagging and marking of animals

for identification;

(

s) respecting the identification of premises in

which animals are kept;

(

t) prescribing that the costs of tests,

vaccinations, inoculations or treatments shall be paid by the owner of the

animal concerned;

(

u) prescribing, for the purpose of this Part, standards

of design, construction and maintenance of the places in which animals are

kept;

(

v) prescribing, for the purpose of this Part, standards

of care of animals;

(

w) prescribing an invertebrate as an animal for

the purpose of this Part and Parts V, VI, VII and VIII;

(

x) prescribing a thing as included in or excluded

from the definition of an animal by-product;

(

y) prescribing a thing as included in or excluded

from the definition of an animal product;

(

z) prescribing permits that the minister may

issue for the purpose of this Part; and

( aa ) generally, to

give effect to the purpose of this Part.

(2) Notwithstanding paragraph (1)(h), animals

moved, transferred, sold or set at large contrary to this Act or the

regulations may be slaughtered without compensation.

(3) The minister may make regulations prescribing

the diseases of animals which shall be considered infectious or contagious for

the purpose of this Act and which shall be required to be reported under this

Act to the Chief Veterinary Officer.

PART II

ANIMAL PROTECTION

Viewing of animal

(1) An

inspector may at a reasonable time and where the inspector reasonably believes

it is necessary to determine whether an animal is in distress,

(

a) enter onto land on which a dwelling house is located;

(

b) request a person in the dwelling house to

produce the animal for inspection; and

(

c) where the animal is produced, view the animal

or conduct an examination of the animal as may be required to determine whether

or not it is in distress.

(2) An inspector may at a reasonable time and

where the inspector reasonably believes it is necessary to determine whether an

animal is in distress, enter onto land to view the animal or conduct an examination

of the animal as may be required to determine whether or not it is in distress.

(3) Subsection (2) does not apply to land which an

inspector is authorized to inspect under

section 10 .

(4) An inspector may provide an animal that is

found in distress with food, water, care or treatment in addition to another

action that the inspector is authorized to take.

Inspection of commercial

place

(1) Where

it is reasonably necessary for the purpose of ensuring compliance with this

Part and the regulations, an inspector may without a warrant enter a place where

animals are kept for sale, hire, exhibition, sport, boarding, breeding,

training, or other commercial purpose as may be prescribed by regulation, during

normal business hours, either alone or accompanied by one or more veterinarians

or other persons as the inspector considers reasonably necessary.

(2) The power to enter and inspect a place under

this

section shall not be exercised to enter and inspect a place that is a

dwelling house except with the consent of the occupant or with a warrant.

(3) An inspector conducting an inspection under

this

section may

(

a) enter and inspect the place and examine the

animals found there to ascertain whether there is an animal in distress; and

(

b) provide an animal that is found in distress

with food, water, care or treatment, in addition to another action that the inspector

is authorized to take.

Investigation

(1) Where

an inspector has reasonable grounds to believe that there is on, at or in a

place an animal in distress or anything that will give evidence with respect to

a contravention of this Part or the regulations or an order made under this Act

or the regulations, relating to animal protection, the inspector may, with a

warrant issued under subsection (2), enter the place and investigate, inquire

into and examine anything in respect of which the investigation is being made.

(2) A Provincial Court judge who is satisfied upon

oath or affirmation that there are reasonable grounds to believe that there is

on, at or in a place an animal in distress or anything that will give evidence

with respect to a contravention of this Part or the regulations or an order

made under this Act or the regulations, relating to animal protection, may

issue a warrant authorizing one or more inspectors, either alone or accompanied

by one or more veterinarians or other persons as the inspector considers

reasonably necessary, to enter the place by force where necessary, and subject

to the conditions that may be specified in the warrant, to

(

a) search for, examine and seize anything that

will provide evidence with respect to a contravention of this Part or the regulations,

or an order made under this Act or the regulations, relating to animal

protection;

(

b) examine the animals found there to ascertain

whether there is an animal in distress;

(

c) provide an animal that is found in distress

with food, water, care or treatment, in addition to another action that the inspector

is authorized to take;

(

d) take samples from or perform or arrange for

tests on living or dead animals, animal products, animal by-products, waste

materials, bedding, food, drugs or other things related to an animal on, at or

in the place, and may exhume or cause to be exhumed the carcass of an animal to

do these things;

(

e) take photographs or make videos, notes or

other recordings;

(

f) make copies of a record or thing;

(

g) use or cause to be used a data processing system

at the place to examine data contained in or available to the data processing

system;

(

h) reproduce a record or cause it to be

reproduced from the data in the form of a print-out or other intelligible

output and remove the print-out or other output for examination or copying;

(

i) use or cause to be

used copying equipment at the place to make copies of a record, book of account

or other document; and

(

j) make those inquiries that the inspector

considers necessary.

(3) An application for a telewarrant

under

section 69 shall include the inspector's

grounds for believing that there is on, at or in a place an animal in distress,

or anything that will give evidence with respect to a contravention of this

Part or the regulations or an order made under this Act or the regulations,

relating to animal protection.

(4) Notwithstanding subsection (1), an inspector

may exercise the powers referred to in this

section without a warrant, in a

place other than a dwelling-house, where

(

a) the conditions for obtaining a warrant exist

but because of exigent circumstances it would not be practical to obtain the

warrant; or

(

b) the inspector has reasonable grounds to

believe that there is on, at or in the place, an animal in immediate distress.

(5) For the purpose of subsection (4),

(a) "exigent circumstances" include

circumstances in which the delay necessary to obtain the warrant would result

in danger to human life or safety or the loss or destruction of evidence; and

(b) "immediate distress," means distress

that requires immediate intervention in order to alleviate suffering or to

preserve the animal's life.

Seek owner's cooperation

(1) Where

an inspector has reasonable grounds to believe that an animal is in distress,

the inspector may endeavour to obtain the owner's cooperation to relieve the

animal's distress.

(2) Subsection (1) applies where the owner of the

animal is present or may be found promptly.

(3) An inspector may take reasonable steps to find

the owner of the animal.

Taking custody of

animal

(1) Where

an inspector is lawfully present in a place in accordance with this Act or with

a warrant, or in a public place, the inspector may take custody of an animal in

distress, in the following circumstances:

(

a) a veterinarian has examined the animal and has

advised the inspector in writing that the health and well-being of the animal

necessitates its removal;

(

b) the inspector has inspected the animal and has

reasonable grounds for believing that the animal is in distress and the owner

of the animal is not present and cannot be found promptly; or

(

c) an owner does not promptly take reasonable

steps to relieve the animal's distress.

(2) An inspector who takes custody of an animal in

distress under subsection (1) may

(

a) retain custody of the animal;

(

b) arrange for necessary transportation, food,

care, shelter and veterinary medical treatment;

(

c) deliver the animal into the custody of the

SPCA;

(

d) deliver the animal into the custody of the

minister with the approval of the Chief Veterinary Officer; or

(

e) deliver the animal into the custody of a

municipal authority, upon the approval of an inspector who is an employee of

the municipal authority.

(3) An inspector who has taken custody of an

animal under subsection (1) shall immediately serve written notice of his or

her action on the owner of the animal, or take reasonable steps to find the

owner and inform him or her of the action taken.

(4) A person to whom custody of the animal may

have been delivered under subsection (2), shall take reasonable steps to find

the owner of the animal in the event the owner has not been found under

subsection (3).

Destruction of an

animal

(1) An

inspector may destroy an animal where the animal is in such distress that it

cannot,

(

a) in the opinion of a veterinarian;

(

b) in the unanimous opinion of an inspector and 2

other persons; or

(

c) in the opinion of a inspector alone in a

critical situation where a veterinarian or 2 other persons are not available to

the inspector,

be relieved of its distress or live

without undue suffering.

(2) The inspector or the person to whom custody of

the animal has been delivered under paragraph 13 (2)(c),

(

d) or (e), shall take reasonable steps to find the owner of the animal and

advise of the animal's destruction.

Expenses

(1) The

owner of an animal that is taken into custody under

section 13 may enter into an agreement to pay to the SPCA, the

municipal authority or the minister, part or all of the expenses incurred with

respect to the transportation, food, care, shelter or veterinary medical

treatment provided for the animal and for its destruction in the event the

animal is destroyed.

(2) The SPCA, the municipal authority or the minister

may, before delivering the animal to its owner, require the owner to pay the expenses

referred to in subsection (1).

(3) The SPCA, the municipal authority or the minister

may recover the expenses referred to in subsection (1) in a court in an action

in debt where the owner does not

(

a) enter into an agreement under subsection (1);

(

b) make a payment in accordance with an agreement

under subsection (1) within the time that is set out in that agreement.

(4) An animal may be kept in the custody of an

inspector, the SPCA, a municipal authority or the minister where the owner of

the animal is indebted for the expenses referred to in this section.

(5) This

section does not apply where a Provincial Court order

has been issued under

section 16 .

Provincial Court

order

(1) A

Provincial Court judge may, upon an application by the inspector, the SPCA, a

municipal authority or the minister, make an order authorizing the keeping in

care of an animal that is in custody under

section 13

where,

(

a) the owner of the animal has been charged, in

connection with the same fact situation that gave rise to the removal of the

animal under subsection 13 (1), with an offence

under this Act or the regulations or under another law in force in the province

pertaining to the welfare of or prevention of cruelty to animals; and

(

b) the Provincial

Court judge is satisfied by information on oath or

affirmation that there are reasonable grounds to believe that the animal may be

subject to distress if returned to its owner.

(2) The order made under subsection (1) may be

made on such conditions as the Provincial Court judge considers appropriate,

including providing for the return of the animal to its owner where

(

a) the inspector or other person who has custody

of the animal is satisfied that there are no longer reasonable grounds to believe

that the animal may be subject to distress if returned to its owner and, where

applicable, the owner has complied with an order issued under this

section respecting

the payment of expenses; or

(

b) when the charge is disposed of, the owner of

the animal is acquitted or the charge is dismissed or withdrawn.

(3) Where a Provincial Court judge makes an order

under subsection (1), he or she may also order that the whole or a part of the

cost of providing transportation, food, care, shelter or treatment to the animal

be paid by the owner to the person who is authorized by the order to keep the

animal in his or her care.

(4) A person who is authorized to keep an animal

in his or her care or the owner of the animal may apply to a Provincial Court judge to vary an order

made under subsection (3) and the Provincial

Court judge may make such order as he or she

considers appropriate.

(5) The owner of the animal may apply to a

Provincial Court judge to order the return of an animal that is the subject of

an order made under subsection (1) and, where satisfied that there are no

longer reasonable grounds to believe that the animal may be subject to distress

if returned to its owner, the Provincial Court judge may order the return of

the animal to its owner, subject to conditions that the Provincial Court judge

considers appropriate.

Disposal

(1) Where

an animal is delivered into the custody of the SPCA, a municipal authority or

the minister,

(

a) under

section 76 ;

(

b) by its owner; or

(

c) where the owner of the animal is not found by

the SPCA, the municipal authority or the minister,

the animal may be destroyed or disposed of

within the time and in the manner prescribed by regulation.

(2) Where an animal is sold or given away under

subsection (1), the animal becomes the property of the person to whom it is

sold or given.

(3) Money paid to the SPCA or a municipal

authority under this Part or a Provincial

Court order is the property of the SPCA or the municipal

authority to which it was paid.

(4) Money paid to the minister under this Act or a

Provincial Court

order shall be paid into the Consolidated Revenue Fund.

(5) Notwithstanding subsections (1) and (2), where

not fewer than 2 inspectors or a staff veterinarian agree that it is not

practicable to sell or give an animal to the SPCA, a municipal authority or the

minister or to another person, those inspectors or the staff veterinarian may

immediately destroy the animal.

Prohibition

(1) A

person shall not cause an animal to be in distress.

(2) An owner of an animal shall not permit the

animal to be in distress.

(3) Subsections (1) and (2) do not apply in

respect of a class of animals prescribed by regulation, or animals living in

circumstances or conditions prescribed by regulation, or where the distress is

a result of a treatment, process or condition that occurs in the course of an

accepted activity.

Law enforcement

animal

19. A

person shall not harm or cause harm to an animal used for law enforcement

purposes.

Prohibition -

fighting

20. A

person shall not

(

a) maintain or keep an animal for the purpose of

fighting; or

(

b) allow or permit an animal to be used for the

purpose of fighting.

Transport of

animal in vehicle

21. A

person shall not transport, or permit to be transported, an animal in a motor vehicle

outside the passenger compartment unless the animal is confined or secured in a

body harness or by means of another fastening in a manner which is adequate to

prevent the animal from falling off the vehicle or otherwise injuring itself or

causing a hazard to other vehicles.

Prohibition - enclosed

space

22. A

person shall not confine, or permit to be confined, an animal in an enclosed space,

including a motor vehicle, without adequate ventilation.

Prohibition -

trunk

(1) A

person shall not transport, or permit to be transported, an animal in the trunk

of a motor vehicle.

(2) Subsection (1) does not apply to a station

wagon, passenger van, sport-utility vehicle, hatchback or another type of motor

vehicle that does not have a trunk.

Prohibition

(1) A

person shall not permit an animal to be hitched, tied or fastened to a fixed

object where a choke collar or choke chain forms part of the securing

apparatus.

(2) A person shall not permit an animal to be

hitched, tied or fastened to a fixed object by means of a rope or cord tied

around the animal's neck.

Prohibition - docking

25. A

person shall not cut, or permit to be cut, the solid part of the tail of a

horse, commonly known as "docking", unless in the course of an

accepted activity.

Prohibition - cropping

of ears

26. A

person shall not cut or crop, or permit to be cut or cropped, the ear of a dog,

unless in the course of an accepted activity.

Veterinarian to

report

(1) A

veterinarian who, in the course of practising veterinary medicine, believes on

reasonable grounds that an animal has been or is subject to neglect or abuse

that compromises the animal's health, other than in the course of an accepted

activity, shall promptly

(

a) report his or her belief to the Chief

Veterinary Officer; and

(

b) provide information respecting the matter that

the Chief Veterinary Officer requests.

(2) An action shall not lie against a person for

reporting anything under subsection (1) unless the reporting is done falsely

and maliciously.

Animal injured or

killed by motor vehicle

(1) A

person who, while operating a bicycle or a motor vehicle, injures an animal

shall, where reasonably possible, stop and provide the care and attention to

the animal that is necessary to relieve its pain and help its recovery.

(2) A person who, while operating a bicycle or a

motor vehicle, kills an animal, shall as soon as reasonably possible, notify an

inspector of that fact and provide the information that the inspector requires.

Regulations

(1) The

Lieutenant-Governor in Council may make regulations

(

a) prescribing a place where animals are kept for

a commercial purpose and for which an inspection may be conducted under

section

10 ;

(

b) prescribing an accepted activity and the

manner in which it is to carried out;

(

c) prescribing classes of animals, circumstances

and conditions for the purpose of

section 18 ;

and

(

d) to give effect to the purpose of this Part.

(2) The minister may make regulations for the

purpose of this Part prescribing

(

i) standards of

design, construction and maintenance of the places in which animals are kept,

(ii) standards of care of animals, and

(iii) standards for activities involving animals.

Conflict

(1) Where

there is a conflict between this Part and

Part I of this Act,

Part I prevails.

(2) Where there is a conflict between this Part

and

Part III of this Act,

Part III prevails.

(3) Where this Part or the regulations conflict

with the City of St. John's Act , the City of Corner Brook Act , the City of Mount Pearl Act , or the Municipalities Act, 1999 or regulations

or bylaws made under those Acts, the provisions of this Part shall prevail.

PART III

NUISANCE ANIMALS

Duty of owner

31. The

owner of a companion animal or livestock shall not permit the animal or

livestock to cause a hazard to people, livestock operations, other animals,

goods, property or the safe operation of motor vehicles.

Dogs to be penned

(1) An

owner of a dog shall keep it safely tethered or penned up at all times.

(2) Notwithstanding subsection (1), a dog need not

be tethered or penned up, where

(

a) it is held on a leash by a person capable of

restraining its movements;

(

b) it is being used by a person for the purpose

of lawful hunting;

(

c) it is being used by a person to work in a

lawful manner with sheep; or

(

d) it is kept or used for a purpose and under the

conditions prescribed by regulation.

Livestock at

large prohibition

33. An

owner shall not permit a

(

a) bull over the age of 9 months;

(

b) stallion over the age of one year; or

(

c) ram over the age of 4 months,

to run at large without the consent of the

minister.

Liability

(1) An

owner of a companion animal or livestock shall be liable for damages or injury

caused by that animal or livestock to a person, other animals, goods or property.

(2) Subsection (1) does not apply to damage caused

by livestock to crops within 3 feet of a fence.

(3) It shall not be necessary for the plaintiff in

an action taken in respect of damage or injury done by a companion animal or

livestock to show a previous propensity in that animal or livestock or the

owner's knowledge of that previous propensity or to show that the damage or

injury was attributable to neglect on the part of the owner.

Animal may be

destroyed

(1) Where

a person finds a dog that is killing, maiming or pursuing natural persons or

livestock, the person may

(

a) shoot or otherwise destroy the dog; or

(

b) lay a complaint before a Provincial Court judge.

(2) A

Provincial Court judge before whom a complaint is

laid under paragraph (1)(

b) shall proceed promptly to hear the matter of the

complaint, but shall first give the owner of the animal reasonable notice of

the hearing.

(3) Upon hearing a complaint laid under paragraph

(1)(b), a Provincial Court

judge may, where satisfied that a dog has been found killing, maiming or

pursuing natural persons or livestock, make an order that the owner of the

animal destroy the animal or take such action that the Provincial Court judge considers

necessary in the circumstances.

(4) An order made under this

section is in

addition to another available penalty.

Complaint before Provincial Court

judge

(1) A person may lay a complaint before a Provincial Court judge that a

companion animal or livestock is a nuisance and not kept under proper control

or has bitten or attempted to bite a person or has injured, worried or pursued

livestock or has injured other animals.

(2) A

Provincial Court judge before whom a complaint is

laid under subsection (1) shall proceed promptly to hear the matter of the

complaint, but shall first give the owner of the animal reasonable notice of

the hearing.

(3) Upon hearing a complaint laid under subsection

(1), a Provincial Court judge may, where satisfied that a companion animal or

livestock is a nuisance and not kept under proper control or has bitten or

attempted to bite a person or has injured, worried or pursued livestock or has

injured other animals, make an order that the owner of the animal destroy the

animal or take such action that the Provincial Court judge considers necessary

in the circumstances.

(4) An order made under this

section is in addition

to another available penalty.

Authorization of

inspector

37. The

minister may authorize an inspector to destroy a companion animal or livestock found

at large or kept contrary to this Part.

Animal at large

(1) Where

an inspector finds an animal at large, the inspector may

(

a) take and retain custody of the animal;

(

b) arrange for necessary transportation, food,

care, shelter and veterinary medical treatment.

(2) Subsection (1) shall not apply to an area

where, in accordance with the law applicable to that area, an animal is

permitted to be at large, unless the inspector has reasonable grounds to

believe that the animal is the subject of an offence under this Part.

(3) Where an animal is taken into custody under

subsection (1), the inspector may, in addition to another action that the

inspector is authorized to take under this Part, carry out an action that the minister

is authorized to carry out in subsection 13 (3),

section 15 and

section 17 with respect to the animal.

(4) Where money is paid to an inspector relating

to expenses incurred by the inspector under subsection (3), the money shall

(

a) be received on behalf of the employer of the

inspector and become the property of the employer of the inspector; or

(

b) be dealt with in the manner as prescribed by

regulation.

Impounding livestock

(1) The

minister may authorize a person to impound livestock that is running at large.

(2) Where a person impounds livestock under

subsection (1), he or she shall, not more than 48 hours after that impounding,

inform the minister of it.

(3) Where livestock is impounded under subsection

(1), the owner of that livestock shall, in accordance with the time period that

may be prescribed by regulation, pay to the impounder the reasonable costs,

which the minister may determine, for its care and maintenance while impounded.

(4) A person who has impounded livestock shall

notify the minister of impounded livestock that has not been claimed by its

owner and the minister shall arrange for the sale of that livestock by public

auction and shall pay from the proceeds of that sale all reasonable costs of

the impounding and sale.

(5) Funds remaining following a sale under subsection

(4) shall be paid into the Consolidated Revenue Fund.

(6) A person may apply to the minister for the

funds referred to in subsection (5) and where the person satisfies the minister

that he or she was the owner of the livestock sold under subsection (4), within

the time period as may be prescribed by regulation, the minister shall request

that the Minister of Finance pay those funds to that person and the Minister of

Finance shall then pay the funds out of the Consolidated Revenue Fund to that

person.

Prohibition

(1) The

minister may, by order, prohibit the running at large or the keeping of a breed,

class or species of animal within the province at large or an area specified in

the order.

(2) From the date on which the order made under

subsection (1) takes effect, a person shall not permit the running at large or

the keeping of the breed, class or species of animal within the province at large

or the area specified in the order.

Prohibition

(1) A

person who keeps an animal contrary to

section 40

commits an offence.

(2) An animal found in an area where the keeping

of it is prohibited under this

section may be destroyed by an inspector or

other person authorized by the minister.

(3) Where a person has been convicted under

subsection (1), a Provincial Court judge may order that the animal to which

that conviction applies be removed to an area where it may be lawfully kept or may

order that a person destroy the animal within the time that the Provincial

Court judge orders.

(4) An order made under subsection (3) is in

addition to another available penalty.

Failure to comply

with Provincial Court order

(1) An

order made under subsection 35 (3), 36 (3) or 41 (3) shall

be carried out within the time ordered by the Provincial Court judge and where

no time is specified, not more than 24 hours after that order has been made,

and a person who does not comply with that order or this subsection is guilty

of an offence.

(2) Where an order is made under subsection 35 (3), 36 (3) or 41 (3) and that order is not complied with within the

time specified in the order or, where no time is specified, not more than 24

hours after that order has been made, a Provincial Court judge may order a

person to carry out the order and the Provincial Court judge may order a person

convicted under subsections 41 (1) or 42 (1) to pay the reasonable costs of the destruction

and disposal of the animal.

(3) An order made under subsection (2) is in

addition to another available penalty.

Investigation

(1) Where

an inspector has reasonable grounds to believe that there is on, at or in a

place an animal that is a nuisance or anything that will give evidence with

respect to a contravention of this Part or the regulations or an order made

under this Act or the regulations, relating to nuisance animals, the inspector

may, with a warrant issued under subsection (2), enter the place and

investigate, inquire into and examine anything in respect of which the

investigation is being made.

(2) A Provincial Court judge who is satisfied upon

oath or affirmation that there are reasonable grounds to believe that there is

on, at or in a place an animal that is a nuisance or anything that will give evidence

with respect to a contravention of this Part or the regulations or an order

made under this Act or the regulations, relating to nuisance animals, may issue

a warrant authorizing one or more inspectors named in the warrant, either alone

or accompanied by one or more veterinarians or other persons as the inspector

considers reasonably necessary, to enter the place by force where necessary,

and subject to the conditions that may be specified in the warrant, to

(

a) search for, examine and seize anything that

will provide evidence with respect to a contravention of this Part or the regulations,

or an order made under this Act or the regulations, relating to nuisance

animals;

(

b) search for and examine the animals found there

to ascertain whether there is an animal that is a nuisance;

(

c) take samples from or perform or arrange for

tests on living or dead animals, animal products, animal by-products, waste

materials, bedding, food, drugs or other things related to an animal at, in or

on the place, and may exhume or cause to be exhumed the carcass of an animal to

do these things;

(

d) take photographs or make videos, notes or

other recordings;

(

e) make copies of a record or thing;

(

f) use or cause to be used a data processing system

at the place to examine data contained in or available to the data processing

system;

(

g) reproduce a record or cause it to be

reproduced from the data in the form of a print-out or other intelligible

output and remove the print-out or other output for examination or copying;

(

h) use or cause to be used copying equipment at

the place to make copies of a record, book of account or other document;

(

i) make those

inquiries that the inspector considers necessary; and

(

j) take custody of an animal that the inspector

reasonably believes is a nuisance and equipment associated with that animal.

(3) An application for a telewarrant

under

section 69 shall include the inspector's

grounds for believing that there is at, on or in a place an animal that is a

nuisance, or anything that will give evidence with respect to a contravention

of this Part or the regulations or an order made under this Act or the

regulations, relating to nuisance animals.

(4) Notwithstanding subsection (1), an inspector

may exercise the powers referred to in this

section without a warrant, in a

place except a dwelling-house, where the conditions for obtaining a warrant

exist but because of exigent circumstances it would not be practical to obtain

the warrant.

(5) In subsection (4), exigent circumstances

include circumstances in which the delay necessary to obtain the warrant would

result in danger to human life or safety or the loss or destruction of evidence.

(6) Where an animal is taken into custody under

subsection (1), the inspector may, in addition to another action that the

inspector is authorized to take under this Part,

(

a) carry out the actions that the minister is

authorized to carry out in subsection 13 (3),

section 15 and

section 17 with respect to that animal, and

(

b) where money is paid to the inspector for the

cost of expenses under

section 15 or following

a sale under

section 17 , the money shall

(

i) be received on

behalf of the employer of the inspector and become the property of the employer

of the inspector, or

(ii) be dealt with in the manner as prescribed by

regulation.

Provincial Court

order

(1) A

Provincial Court judge may, upon an application by an inspector, make an order

authorizing the keeping in care of an animal that is in custody under this Part

where,

(

a) the owner of the animal has been charged, in

connection with the same fact situation that gave rise to the removal of the

animal under this Part, with an offence under this Act or the regulations; and

(

b) the Provincial

Court judge is satisfied by information on oath or

affirmation that there are reasonable grounds to believe that the animal may be

a nuisance or its owner may not be able to keep the animal under proper control.

(2) The order made under subsection (1) may be

made on such conditions as the Provincial Court judge considers appropriate,

including providing for the return of the animal to its owner where

(

a) the inspector is satisfied that there are no

longer reasonable grounds to believe that the animal may be a nuisance or its

owner may not be able to keep the animal under proper control, and where

applicable, the owner has complied with an order issued under this

section

respecting the payment of expenses; or

(

b) when the charge is disposed of, the owner of

the animal is acquitted or the charge is dismissed or withdrawn.

(3) Where a Provincial Court judge makes an order

under subsection (1), he or she may also order that the whole or a part of the

cost of providing transportation, food, care, shelter or treatment to the animal

be paid by the owner to the person who is authorized by the order to keep the

animal in his or her care.

(4) A person who is authorized to keep an animal

in his or her care or the owner of the animal may apply to a Provincial Court judge to vary an order

made under subsection (3) and the Provincial

Court judge may make such order as he or she

considers appropriate.

(5) The owner of the animal may apply to a

Provincial Court judge to order the return of an animal that is the subject of

an order made under subsection (1) and, where satisfied that there are no

longer reasonable grounds to believe that the animal may be a nuisance or the

owner may not be able to keep the animal under proper control, the Provincial

Court judge may order the return of the animal to its owner, subject to

conditions that the Provincial Court judge considers appropriate.

Regulations

45. The

Lieutenant-Governor in Council may make regulations

(

a) for the control, protection and security of a

breed, class or species of animal running at large or otherwise;

(

b) prescribing the manner in which money paid to

an inspector shall be dealt with;

(

c) prescribing the manner and time periods for

the impounding, sale and other disposal

of animals; and

(

d) for the purpose of this Part.

Conflict

46. Where

this Part or the regulations conflict with the City of St. John's Act , the City

of Corner Brook Act , the City of

Mount Pearl Act , or the Municipalities

Act, 1999 or regulations or bylaws made under those Acts, the provisions of

this Part shall prevail.

PART IV

HERITAGE ANIMALS

Definitions

47. In

this Part, "society" means an organization or group of persons,

whether incorporated or not, designated by the minister to act in the

protection of heritage animals.

Heritage animals

(1) The

minister may, by order, designate a certain class or breed of animals as

heritage animals.

(2) In designating a class or breed of animals as

heritage animals, the minister shall consider

(

a) the historic, cultural, natural, scientific or

aesthetic value of those animals; and

(

b) other criteria that the minister considers

appropriate.

Protection of heritage

animals

(1) A

person shall not, except with the consent of the minister or his or her

designate, destroy, interfere with, or dispose of a heritage animal.

(2) The minister may, by order, exempt a heritage

animal from the application of subsection (1).

Powers of

minister

50. The

minister may

(

a) designate a society to act in the preservation

of heritage animals;

(

b) prescribe those sections of this Part and the

regulations that the society may enforce; and

(

c) prescribe signs, symbols or images to describe

heritage animals and the uses of those signs, symbols or images.

Objects of

society

51. The

objects of a society designated by the minister under this Part shall be to

(

a) promote an appreciation for and an awareness

of heritage animals;

(

b) support and contribute to the preservation and

renewal of heritage animals; and

(

c) contribute to the increase and dissemination

of knowledge about heritage animals.

Duties of society

52. Subject

to the approval of the minister, a society designated under this Part shall

(

a) define the characteristics of a class or breed

of animals designated as heritage animals;

(

b) prescribe the method of establishing a breed

book for heritage animals;

(

c) keep and maintain a registry of heritage

animals within the province;

(

d) enforce those provisions of this Part and the

regulations as prescribed by the minister; and

(

e) prescribe by-laws for the enforcement of the

society's duties under this section.

Regulations

53. The

Lieutenant-Governor in Council may make regulations

(

a) for the preservation, promotion and protection

of heritage animals including

(

i) the terms and

conditions under which a heritage animal may be disposed of or destroyed,

(ii) the usage of heritage animals; and

(

b) to give effect to the purpose of this Part.

Conflict

54. This

Part shall not be construed as affecting a right, power, duty or prohibition

relating to animals conferred or imposed under another Act or under another

Part of this Act and, where a conflict exists between this Act and the other

Act, or between this Part and another Part, that other Act or that other Part prevails.

PART V

LICENSING

Licence

(1) The

Lieutenant-Governor in Council may by regulation require an activity, a person,

or an establishment to be licensed for the purpose of this Act or a Part or

provision of this Act.

(2) The minister may issue a licence in accordance

with this Part.

(3) A person to whom subsection (1) applies shall

not own or operate an establishment, or breed or keep an animal without a licence

issued under this Part.

Application for

licence

(1) An

application for a licence shall be in the form required by the minister and the

applicant shall pay the fee set by the minister.

(2) The minister may require further information

or material to be submitted within a specified time by an applicant for a

licence.

(3) The minister may require a statement made in

support of an application for a licence to be verified by an affidavit.

(4) A person who makes a false statement of fact

or misrepresents a fact or circumstance in an application or document submitted

to the minister under this Act commits an offence.

Licence

57. The

minister may refuse to issue or renew a licence or may cancel or suspend a

licence where

(

a) the applicant or licensee does not or no

longer meets the requirements of the Act and the regulations with respect to

the class of licence applied for or held;

(

b) the applicant or licensee or its officers or

employees

(

i) has made a false

statement of fact or has misrepresented a fact or circumstance to an inspector

or the minister,

(ii) has contravened this Act, the regulations, or

the terms, conditions and restrictions to which the licence was subject,

(iii) has failed to comply with other legislation

that may be applicable,

(iv) has been found guilty of misrepresentation,

fraud, deceit or dishonesty,

(

v) being a corporation, has been dissolved or has

been struck off the register under the Corporations

Act , or

(vi) being a natural person, has died; or

(

c) in the opinion of the minister, it is in the

public interest to do so.

of licence

(1) A

licence issued under

section 55 is subject to

the terms, conditions and restrictions that may be consented to by the

applicant, imposed by the minister, or prescribed by the regulations.

(2) The minister may, by written notice to a

licensee, add to, remove or alter the terms, conditions or restrictions to

which the licence is subject.

(3) A licensee shall comply with the terms,

conditions and restrictions to which his or her licence is subject.

Suspension or

cancellation of a licence

(1) Where

a licence is suspended or cancelled under

section 57 ,

(

a) the minister shall publish notice of the

suspension or cancellation in the Gazette ;

and

(

b) the holder of the licence shall immediately

return it to the minister.

(2) The minister may reinstate a suspended or

cancelled licence where he or she considers it appropriate to do so.

Production of

licence

60. A

person licensed under this Part shall produce his or her licence for inspection

when requested to do so.

Certificate

61. A

certificate signed by the minister stating that on a specified day

(

a) a person was or was not licensed under this

Part;

(

b) a licence was issued to a person; or

(

c) a licence was suspended, cancelled or

reinstated,

is admissible in evidence as, in the

absence of evidence to the contrary, proof of the facts stated in the

certificate.

Address for service

(1) An

applicant for a licence shall state in the application an address for service

in the province.

(2) A notice given under this Part or the

regulations shall for all purposes be considered to be sufficiently served if

delivered or sent by registered mail to the licensee at the address for service

stated in his or her application for a licence, unless the licensee has

notified the minister in writing of a change of address for service under

section

63 , in which case that notice shall be sufficiently

served where delivered or sent by registered mail to the licensee at the latest

address for service of which the minister has been notified.

(3) Where a notice referred to in subsection

(2) is sent by registered mail, it is considered to be served on the day it is

deposited in the post office by the sender of the notice.

Notice of change

63. A

licensee shall, within 15 days of the change, notify the minister of

(

a) a change in his or her address for service;

(

b) a change in partners, in the case of a

partnership; and

(

c) a change in directors, in the case of a

corporation.

Annual return

(1) A

person licensed under this Part shall file an annual return with the minister.

(2) An annual return filed under subsection

(1) shall contain the information the minister may require.

Regulations

65. The

Lieutenant-Governor in Council may make regulations

(

a) respecting personal property rights of

licensees in animals;

(

b) prescribing the requirement for an activity,

person or establishment to be licensed;

(

c) governing applications for licences and

a provision of a licence;

(

d) respecting the suspension and cancellation of

licences;

(

e) prescribing the books, accounts and records to

be kept by a person licensed under this Act;

(

f) requiring a person licensed under this Act to

make returns and provide information to the minister; and

(

g) to give effect to the purpose of this Part.

PART VI

REGULATIONS AND FEES

Regulations and

fees

(1) The

Lieutenant-Governor in Council may make regulations

(

a) prescribing who may be an inspector for the

purpose of this Act or for a provision or Part of this Act, and the terms and

conditions of appointment;

(

b) prescribing a municipal authority whose

employees may be appointed as inspectors for the purpose of this Act or for a

provision or Part of this Act;

(

c) prescribing a municipal authority which may be

given duties for the administration of this Act, or a Part or provision of this

Act;

(

d) prescribing investigation and inspection powers

of inspectors under this Act or a Part or provision of this Act;

(

e) respecting the detention and return or other

disposition of a thing seized under a warrant or under a provision of this Act;

(

f) respecting the manner of taking an animal into

custody;

(

g) defining what constitutes taking reasonable

steps to find and notify the owner of an animal;

(

h) prescribing the manner and time periods for

the detention, isolation, quarantine, sale and other disposal of animals;

(

i) prescribing

prohibited practices or procedures;

(

j) prescribing the penalties for a breach of the

regulations or of an order made under the regulations;

(

k) prescribing an animal as excluded from the

definition of a companion animal;

(

l) prescribing an animal to be a fur bearing

animal for the purpose of this Act and the regulations;

(

m) prescribing an animal to be livestock for the

purpose of this Act and the regulations;

(

n) exempting classes of persons or animals or

places or areas from the application of this Act, or a provision of this Act,

or the regulations;

(

o) respecting the contravention of sections of

this Act and the regulations for which proceedings may be commenced in the form

of a ticket under the Provincial Offences

Act and regulations and the fines associated with those offences;

(

p) to define a word for the purpose of a Part or

the Act where the word is not defined in the Part or the Act;

(

q) to vary a definition for the purpose of a Part

or the Act; and

(

r) generally, to give effect to the purpose of

this Act.

(2) The minister may set the fees and expenses and

establish the forms which are required for the purpose and administration of

this Act.

(3) Regulations may be made under this Act with

retroactive effect.

(4) The Lieutenant-Governor in Council or the

minister may in addition to or instead of regulations made under this Act adopt

by reference and constitute as regulations the whole or part or provisions of a

code adopted or standards fixed, with or without modification, and including

amendments to the code or standards of an organization acceptable to the

Lieutenant-Governor in Council or the minister.

(5) A certificate of the minister that a document

is a copy of a code or standard referred to in subsection (4) or an extract

from, a modification of, or an amendment to, a code or standard is without further

proof presumptive evidence of the content of that code, standard, extract or

amendment.

Prohibited

practices and procedures

67. A

person shall not engage in a practice or procedure specified as prohibited in

the regulations.

PART VII

INSPECTOR'S POWERS

Inspector

(1) The

minister may designate or appoint persons or a class of persons to be inspectors

for the purpose of this Act, or a specific Part or provision of this Act, on

animal, the geographic area, and the term for which persons may be inspectors.

(2) For the

purpose of this Act, the following are considered to have been designated under

subsection (1):

(

a) the Chief Veterinary Officer and staff

veterinarians of the department; and

(

b) a member

of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police.

(3) The minister may designate a person or a class

of persons from another department of government under subsection (1), with the

approval of the minister of that other department.

(4) The minister

may, in writing, authorize a person employed in the department, or a person or

class of persons designated or appointed under subsection (1), to perform and

exercise those duties and powers conferred by this Act upon the minister that

may, in the opinion of the minister, be conveniently performed or exercised by

that person and the performance or exercise of those duties or powers by that authorized

person or class of persons shall be of the same effect as if they were

performed or exercised by the minister.

(5) The minister shall sign and issue a

certificate of appointment to an inspector.

(6) A certificate issued to an inspector under subsection

(5) is admissible in evidence, in the absence of evidence to the contrary, as

proof of the designation of the inspector or his or her appointment under this

Act without proof of the designation, signature or appointment by the minister.

(7) An inspector carrying out an action authorized

under this Act shall, when requested to do so, produce

(

a) his or her certificate of appointment; or

(

b) in the case of an employee of the province, his

or her identification card issued by the province that references the appointment

as inspector under this Act.

(8) Subsections (5), (6) and (7) do not apply to

peace officers.

(9) The minister may revoke or suspend the

appointment or designation of a person as an inspector.

(10) The minister may specify in the terms and

conditions of the inspector's appointment, the places where an inspector is

authorized to carry out an inspection or an investigation under this Act.

(11) A person who is appointed or designated as an

her appointment.

(12) An inspector may in the course of carrying out

an investigation or inspection under this Act ascertain the identity of an

individual.

(13) An inspector may carry out inspection and investigation

powers prescribed by regulation.

(14) An inspector may commence proceedings by the

laying of an information, or by proceeding in the form of a ticket issued in accordance

with the Provincial Offences Act and regulations, in respect of a

violation of this Act or the regulations.

(15) An inspector may not carry out the prosecution

of an offence under this Act.

Telewarrant

(1) Where

in the opinion of an inspector it would not be practical to appear before a

Provincial Court judge to apply for a warrant, the inspector may make the

application by telephone, facsimile or other means of telecommunication.

(2) Where the information on which an application

for a warrant is submitted by telephone, facsimile or other means of

telecommunication, the information shall be given under oath or affirmation,

and the oath or affirmation may be administered by telephone, facsimile or

other means of telecommunication.

(3) The information submitted by telephone,

facsimile or other means of communication shall include a statement of the

circumstances that make it impracticable for the inspector to appear personally

before a Provincial Court

judge.

(4) The information submitted by telephone,

facsimile or other means of communication shall also include a statement of the

inspector's grounds respecting the purpose for which a warrant is requested under

a

section of this Act.

(5) The sworn or affirmed information submitted by

telephone, facsimile or other means of telecommunication by an inspector shall

specify the name of the person giving evidence, the facts ascertained and the

manner and location in which evidence was received, and a record of that

information shall be filed by the Provincial Court judge with the clerk of the

court over which the judge presides.

Use of force

70. An

inspector shall use no more force than is reasonably required to enter or

inspect a place.

Detain a vehicle

71. A

peace officer may detain a vehicle for the purpose of performing an inspection

or an investigation authorized under this Act.

Seizure and forfeiture

(1) An

inspector who is lawfully in a place under this Act or a warrant issued under

this Act or in a public place, may seize an animal or thing that is produced to

the inspector or that is in plain view where the inspector has reasonable grounds

to believe that the animal or thing produced or in plain view

(

a) would afford evidence of an offence under this

Act or the regulations; or

(

b) was used or is being used in connection with

the commission of an offence under this Act or the regulations, and that the

seizure is necessary to prevent the continuation or repetition of the offence.

(2) This

section does not apply to an animal in

distress that has been taken into custody under

Part II or an animal that is at

large or a nuisance animal that has been taken into custody under

Part III.

(3) An animal or thing that is seized under subsection

(1) or under

section 6 , 11 or 43 may be

(

a) retained in the custody of the inspector;

(

b) delivered into the custody of the person that

the minister directs; or

(

c) left in the custody of the owner.

(4) Where an animal or thing is left in the

custody of the owner, the owner shall safeguard it until

(

a) an inspector removes the animal or thing;

(

b) the owner is notified by an inspector that the

investigation has concluded and that a charge will not be laid; or

(

c) where a charge is laid and disposed of, the

owner is acquitted or the charge is dismissed or withdrawn.

(5) Where an animal is left in the custody of the

owner,

section 73 applies in addition to this

section.

(6) An animal or thing that is seized and not

forfeited under this section, or the proceeds of a sale under subsection (9),

shall be returned or paid to the person from whom it was seized where,

(

a) a charge is not laid at the conclusion of the

investigation; or

(

b) a charge is laid but, when the charge is

disposed of, the owner of the animal is acquitted or the charge is dismissed or

withdrawn.

(7) Where a person is convicted of an offence and

a fine is imposed,

(

a) an animal or thing seized in connection with

the offence and not forfeited to the Crown under this

section may not be returned

until the fine has been paid;

(

b) the proceeds realized from a sale under

subsection (9), less the expenses involved in the sale, may be applied in or towards

the payment of the fine; and

(

c) where payment of the fine is in default, a Provincial Court

judge may order that the thing be forfeited to the Crown.

(8) Where the identity of the person from whom an

animal or thing is seized has not been ascertained within 30 days after the

seizure, the animal or thing is forfeited to the Crown.

(9) A dead or living animal, animal product,

animal by-product, waste material, food or other thing that is seized may be

disposed of or sold by the Crown where, in the opinion of the person who has

custody of it, it is likely to spoil or it cannot be properly maintained in

custody.

(10) An animal or thing that is sold under

subsection (9) shall be sold in the manner and for the price that may be

determined by the minister.

(11) The proceeds of a sale referred to in subsection

(9) shall be paid into the Consolidated Revenue Fund, and where a Provincial Court

judge has not ordered that the proceeds of the sale be forfeited, then they may

be paid to the person entitled to them.

(12) Where a person is convicted of an offence

under this Act or the regulations, a Provincial

Court judge may order that

(

a) an animal or thing seized in connection with

the offence, or the whole or a part of the proceeds of a sale under subsection

(9) be forfeited to the Crown; and

(

b) the person pay to the minister an amount of

compensation for the reasonable costs, expenses and charges incurred by the minister

or an inspector in the management, seizure, storage and disposition of an

animal or thing seized in connection with the offence.

(13) Subsection (12) applies in addition to another

penalty.

(14) Where a court orders a person to pay an amount

of money as compensation under paragraph (12)(b), the amount may be recovered

by the minister from the person to whom the order was directed as a debt owed

to the Crown and the minister shall notify the person against whom the order

was made of his or her determination of the amount of recoverable costs,

expenses and charges.

(15) An animal or thing forfeited to the Crown

shall be disposed of as the Minister directs.

(16) Where an animal or thing is forfeited to the

Crown following a conviction under this Act, a person who claims an interest in

the animal or thing and who is not the person from whom the animal or thing was

seized or the person who was convicted may apply to a Provincial Court judge,

not later than 30 days after the animal or thing is forfeited, on notice to the

minister and to the person from whom the animal or thing was seized, for an

order directing that the animal or thing be released to the person claiming the

interest.

(17) An order made under subsection (16) is subject

to such conditions as may be imposed by the Provincial Court judge.

Custody in law

(1) Where

there is authority given under this Act to seize or take custody of an animal,

or to deliver custody of an animal to another person, and an inspector is of

the opinion that it is not practicable to seize, take or deliver custody in

fact of the animal, the inspector shall be considered to have seized or taken

custody in law of the animal or have delivered custody in law of the animal to

the other person.

(2) Where an inspector has taken or delivered

custody in law of an animal, but the animal has been left in the custody of the

owner,

(

a) the inspector may require that the animal be detained

by the owner, with the owner to be responsible for the standards of care that

may be prescribed by regulation and to provide food, water, care, and treatment

to the animal; or

(

b) the custodian in law may provide food, care,

shelter and veterinary medical treatment to animals in his or her care, may

make management decisions with respect to the animals, and may carry out those

activities authorized under this Act.

(3) The owner who continues to have custody in

fact of the animal does not have a greater right to the animal than does the

custodian in law, and the ability of the owner who continues to have custody in

fact of the animal to deal with the animal, animal products, animal

by-products, bedding, food, cages, equipment, supplies or other things related

to the animal, is limited by the actions taken by the custodian in law under

paragraph (2)(b).

(4) Where a person is a custodian in law of an

animal under paragraph (2)(b), that person shall conspicuously post on the premises

where the animal is situate, a notice stating that he or she has custody in law

of the animal in accordance with that paragraph.

(5) A person who is not a custodian in law under

subsection (1) and who purports to or who sells, bargains or assigns ownership

of or otherwise alienates title to or an interest in an animal referred to in

subsection (1), commits an offence.

(6) The custodian in law of an animal under

subsection (1) may, either alone or accompanied by one or more veterinarians or

other persons as the inspector considers reasonably necessary, enter without a

warrant a place where the animal is located.

(7) Notwithstanding subsection (6), a custodian in

law may not re-enter a dwelling house for the purpose of carrying out actions authorized

under this section, unless

(

a) that was a condition of the original warrant

for entry into the dwelling house; or

(

b) the occupant of the dwelling-house has

consented to the re-entry.

(8) A Provincial Court judge who is satisfied upon

oath or affirmation that there are reasonable grounds to believe that custody

in law but not in fact has been taken of an animal and an inspector has been

prevented from entering a place or that an inspector shall be prevented from

entering a place under this section, may issue a warrant authorizing one or

more inspectors named in the warrant, either alone or accompanied by one or

more veterinarians or other persons as the inspector considers reasonably necessary,

to enter the place, by force where necessary, and carry out the activities

authorized under this section, subject to the conditions that may be specified

in the warrant.

(9) An application for a telewarrant

under

section 69 shall include the inspector's

grounds for believing that custody in law but not in fact has been taken of an

animal and an inspector has been prevented from entering a place or that an

inspector shall be prevented from entering a place for a purpose outlined in

this section.

Assistance to inspector

74. The

person occupying or in charge of a place entered by an inspector, and a person

found in that place, shall

(

a) give the inspector, the veterinarian or other

person who accompanies the inspector all reasonable assistance to enable the

carrying out of an action authorized under this Act;

(

b) furnish the inspector with the record or thing

that the inspector may reasonably require to carry out an action authorized

under this Act; and

(

c) produce an animal that the inspector requires

for viewing or examination.

Obstruction prohibited

75. A

person shall not

(

a) obstruct or interfere with an inspector or

other person engaged in the execution of this Act or the regulations; or

(

b) provide an inspector or other person engaged

in the execution of this Act with false information.

PART VIII

OFFENCES AND PENALTIES

Offence

(1) A

person who contravenes this Act or the regulations or an order, licence or

permit made under the Act or the regulations is guilty of an offence and is

liable on

summary conviction to a fine not exceeding $50,000 and, in default of

payment, to a term of imprisonment not exceeding 6 months, or to both a fine

and imprisonment.

(2) Every director or officer of a corporation who

authorized, permitted or participated in the corporation's commission of an

offence is also guilty of the offence and on conviction is liable to the same

penalty to which a person is liable for the offence, whether or not the corporation

has been prosecuted or convicted.

(3) Notwithstanding subsection (1), where, with

respect to an offence under this Act or regulations, a proceeding is commenced by

means of a ticket in accordance with the Provincial

Offences Act, a person found guilty of that offence is liable on

summary

conviction to a fine that may be established by the regulations made under

section 66.

(4) Where a person is convicted of an offence, a Provincial Court

judge may, in addition to another penalty, make an order

(

a) prohibiting that convicted person and, if the

convicted person is a corporation, the directors and officers of the corporation

described in subsection (2), from having the ownership, care or custody of an

animal, or of a number or type of animal specified in the order, for a period

of time specified in the order, including in the case of an individual, for the

remainder of the person's life and, in the case of a corporation, forever; and

(

b) directing that an animal in the ownership or

care of that convicted person be delivered into the custody of the SPCA or the

minister.

(5) Where a person is convicted of an offence, the

court making the conviction may, in addition to another penalty, make an order

that the convicted person pay the whole or a part of the cost of providing transportation,

food, care, shelter or treatment provided to, and where applicable, management

or destruction of, an animal that was the subject of the offence of which the

convicted person was convicted.

PART IX

GENERAL

Municipal

authority

(1) The

minister may designate a municipal authority to administer this Act, a Part or

provision of this Act within the municipality on behalf of the minister.

(2) A municipal authority is authorized to act

under the designation of the minister.

Immunity

78. An

action does not lie or shall not be instituted against an inspector, a veterinarian,

the SPCA or an officer or employee of the SPCA, a municipal authority or

councillor, an officer or employee of a municipal authority, the Crown, the

minister or an employee of the province, or other person employed or engaged in

the administration or enforcement of this Act, for loss or damage suffered by

reason of anything in good faith done, caused, permitted or authorized to be

done, attempted to be done or omitted to be done, by that person, under or in

the exercise or supposed exercise of a power conferred by this Act or the

regulations or in carrying out or supposed carrying out of a duty imposed by

this Act or the regulations.

Certificates

79. In

a prosecution under this Act or the regulations

(

a) where an inspector has made a copy of a record

or thing that has been seized, examined or produced under this Act, the copy

certified by the inspector to be a true copy is admissible in evidence, without

proof of the office or signature of the certifying inspector, and has the same

probative value as the original record or thing; and

(

b) a certificate or report purporting to be

signed by an analyst and stating that a substance or thing or a sample of a substance

or thing has been submitted to and analyzed or examined by that analyst and

stating the results of the analysis, is admissible in evidence in a prosecution

for an offence under this Act, without proof of the signature or the official character

of the person appearing to have signed the certificate or the report.

PART X

REPEAL AND COMMENCEMENT

RSNL1990 cW-8

Amdt.

(1) Paragraph 2(

d) of the Wild Life Act is amended by adding immediately

after the word "means" the words "wild life known as".

(2) Paragraph 7(1)(

s) of the Act is repealed and

the following substituted:

(

s) to licence and issue permits to buyers,

shippers, exporters of and dealers in furs, pelts and skins of wild animals and

to control and regulate their dealings;

(3) Paragraph 7(1)( dd )

of the Act is repealed and the following substituted:

( dd ) to prohibit,

control or regulate the importation of wild life and of fur bearing animals as

defined in the Animal Health and

Protection Act into the province and into the island portion of the province

from Labrador ;

Repeal

81. The following Acts are repealed:

(

a) Animal

Protection Act ;

(

b) Dog Act ;

(

c) Heritage Animals Act ;

(

d) Livestock

Act ; and

(

e) Livestock

Health Act.

Commencement

82. This Act, or a provision or a Part of this Act

comes into force on a day or days to be proclaimed by the Lieutenant-Governor

in Council.

Earl G. Tucker, Queen's Printer