Full Statute Name:  P.E.I. Statutes - Animal Health and Protection Act

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Popular Title:  Animal Health and Protection Act Primary Citation:  S.P.E.I. 1988, c. 11, s. 1 - 20 Country of Origin:  Canada Last Checked:  April, 2015 Date Adopted:  1988
Summary:

This set of laws comprises the Prince Edward Island (PEI) Animal Health and Protection Act. The object of the Act is to promote animal health and to eradicate, prevent or control the spread of disease among animals in the province.The Act gives broad authority to inspectors in ascertaining the presence of disease. Section 8 also includes the anti-cruelty provisions of the Act.

Statute Text: 

 

 PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office
consolidation of this Act, current to March 2, 2013. It is intended for
information and reference purposes only.

This document is not the official version of the Act. The Act and the
amendments as printed under the authority of the Queen’s Printer for the
province should be consulted to determine the authoritative statement of the
law.

For more information concerning the history of this Act, please see the
Table of Public Acts.

If you find any errors or omissions in this consolidation, please contact:

                         Legislative Counsel Office
                            Tel: (902) 368-4291
                        Email: legislation@gov.pe.ca
 
                         CHAPTER A-11.1

            ANIMAL HEALTH AND PROTECTION ACT


                          PART I
            INTERPRETATION AND ADMINISTRATION
1. In this Act                                                             Definitions

    (a) “animal” means                                                     animal
       (i) any livestock,
       (ii) any other animal, including any wild animal, of a prescribed
       type or class, and
    includes, where the regulations so provide, the embryos, eggs and
    sperm of any animal referred to in subclause (i) and (ii);
    (a.1) “appeals officer” means the veterinarian appointed as the        appeals officer
    appeals officer by the Minister under subsection 13(1);
    (a.2) “biosecurity measures” means actions taken to control the        biosecurity
                                                                           measures
    spread of a disease or a disease-causing agent;
    (b) “disease” means any condition that adversely affects the health    disease
    of an animal;
    (b.1) “information” includes personal information;                     information

    (c) “inspector” means an inspector appointed under section 2 and       inspector
    includes the provincial veterinarian;
    (d) “livestock” means                                                  livestock
       (i) horses,
       (ii) cattle,
       (iii) sheep,
       (iv) swine,
       (v) goats,
       (vi) poultry,
       (vii) fox,
       (viii) mink,
       (ix) chinchilla kept for agricultural purposes, and
       (x) rabbits kept for agricultural purposes;
    (e) repealed by 2012,c.3,s.1;                                          owner

    (f) “Minister” means the Minister of Agriculture and Forestry;         Minister

    (f.1) “named disease” means a disease designated as such by the        named disease
    regulations, or by the Minister pursuant to section 3.1;


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2                      Cap. A-11.1            Animal Health and Protection Act



                            (f.2) “owner” includes,
owner
                               (i) in relation to an animal, a person who has custody or care and
                               control or is responsible for the care and control of the animal,
                               (ii) in relation to premises, a person who operates or occupies the
                               premises, and
                               (iii) in relation to a vehicle, a person who operates the vehicle;
                            (f.3) “personal information” means personal information within the
personal
information                 meaning of the Freedom of Information and Protection of Privacy
                            Act R.S.P.E.I. 1988, Cap. F-15.01;
                            (g) “poultry” means domestic fowl, ratites and pigeons, and includes
poultry
                            any bird that is kept for agricultural purposes.
                            (g.1) “premises” means land and any buildings, structures, facilities
premises
                            or waters thereon and any part or parts of any of them;
                            (g.2) “provincial veterinarian” means the provincial veterinarian
provincial
veterinarian                appointed under section 2;
                            (g.2.1) “Registrar” means the Registrar appointed under subsection
Registrar
                            3.4(2);
                            (g.3) “restricted area” means an area of the province that is declared
restricted area
                            to be a restricted area under section 3.3;
                            (g.4) “vehicle” means any motor vehicle, aircraft, vessel or other
vehicle
                            conveyance used to transport an animal or any thing related to
                            animals that is prescribed;
                            (h) “veterinarian” means an individual who holds a valid license to
veterinarian
                            practise clinical veterinary medicine under the Veterinary Profession
                            Act R.S.P.E.I. 1988, Cap. V-3. 1988,c.11,s.1; 1993,c.29,s.4;
                            1997,c.20,s.3;      2001,c.4,s.19;    2004,c.36,s.3;     2004,c.1,s.1;
                            2009,c.73,s.2; 2012,c.3,s.1.

                                                     Administration
                       2. (1) The Minister shall appoint a person who is a veterinarian to be the
Provincial
veterinarian           provincial veterinarian.
                         (2) The provincial veterinarian shall perform the functions of the
Functions
                       provincial veterinarian under this Act and the regulations and such other
                       functions as may be assigned by the Minister.
                         (2.1) The provincial veterinarian is an inspector by virtue of his or her
Inspector by virtue
of office              office.
                         (3) The Minister may appoint such inspectors and other officers as are
Inspectors and staff
                       necessary for the administration of this Act or any Part of it.


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                       Animal Health and Protection Act          Cap. A-11.1                     3



  (3.1) An inspector may issue tickets under the Summary Proceedings           Tickets
Act R.S.P.E.I. 1988, Cap. S-9 in respect of a contravention of this Act or
the regulations.
  (4) The Minister may engage upon such terms and conditions as he             Professional
                                                                               expertise
thinks fit the services of such professional or technical persons and
experts to advise him on such matters as he thinks necessary for the
efficient administration of this Act and the regulations. 1988,c.11,s.2;
1999,c.1,s.1; 2012,c.3,s.3.

              Collection, Use and Disclosure of Information
2.1 (1) The Minister may, directly or indirectly, collect information          Collection, use and
                                                                               disclosure of
from any source for purposes related to the administration of this Act or      information
the regulations or for such other purposes as may be prescribed and may
use or disclose the information for those purposes or consistent purposes,
including
     (a) protecting animal health or human health, or both;
     (b) detecting the presence or prevalence of a named disease;
     (c) assisting with ongoing health, safety and biosecurity measures to
     minimize the risk of a named disease spreading or persisting;
     (d) controlling, suppressing or mitigating a named disease;
     (e) enhancing emergency preparedness in the case of an outbreak of
     a named disease or a notifiable disease or reportable disease under
     the Health of Animals Act (Canada);
     (f) monitoring the health of animals;
     (g) conducting animal health research, developing policy with
     respect to animal health or designing or implementing programs in
     respect of animal health;
     (h) eliminating animal disease barriers for domestic and export
     market access;
     (i) analyzing the geographical distribution of a disease;
     (j) analyzing the epidemiology of disease outbreaks;
     (k) conducting assessments and models to predict disease risk;
     (l) notifying the public of a potential or present threat to public
     health;
     (m) establishing and operating a provincial traceability system
     under section 3.4;
     (n) identifying premises of a prescribed class;
     (o) identifying and tracing the movement from premises to premises
     of an animal of a prescribed class or any thing related to animals that
     is prescribed; or
     (p) any other prescribed purpose.




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4                     Cap. A-11.1            Animal Health and Protection Act



                        (2) The collection, use and disclosure of personal information under
Subject to
requirements or       subsection (1) is subject to any requirements or restrictions that may be
restrictions
                      prescribed.
                        (3) Any information collected by, used by, disclosed to or disclosed
Deemed collection,
use and disclosure    by an inspector, the provincial veterinarian, the Registrar or any other
by Minister
                      person involved in the administration of this Act or the regulations,
                      under this Act or the regulations, is deemed to have been collected by,
                      used by, disclosed to, or disclosed by the Minister. 2012,c.3,s.4.
                      2.2 (1) The Minister may enter into an agreement with any person or
Agreement
                      entity with respect to the collection, use or disclosure of information
                      referred to in subsection 2.1(1) for a purpose described in subsection
                      2.1(1).
                         (2) Where the Minister enters into an agreement under subsection (1)
Disclosure of
personal              with respect to the disclosure of information, the Minister may disclose
information under
                      personal information to a person or entity that is a party to the agreement
agreement
                      if
                           (a) the disclosure is made pursuant to and in accordance with the
                           agreement; and
                           (b) the person or entity that receives the personal information agrees
                           to use it only for the purpose for which the personal information was
                           disclosed.
                        (3) Where the Minister discloses personal information to a person or
Disclosure by party
to agreement          entity who is a party to an agreement in accordance with subsection (2),
                      the person or entity shall not disclose the personal information to a third
                      party except in accordance with the agreement. 2012,c.3,s.4.

                                                     Regulations
                      2.3 The Lieutenant Governor in Council may make regulations
Regulations
                          (a) prescribing animals for the purposes of clause 1(a);
                          (b) providing for the inclusion of the embryos, eggs or sperm of an
                          animal in the definition of “animal”;
                          (c) designating a disease as a named disease;
                          (d) respecting the functions of the provincial veterinarian, the
                          Registrar, an inspector or any other officer appointed under this Act;
                          (e) prescribing purposes for which the Minister may collect, use or
                          disclose information under subsection 2.1(1);
                          (f) prescribing requirements or restrictions on the collection, use or
                          disclosure of personal information under subsection 2.1(2); and
                          (g) defining any word or phrase used in this Act that is not defined.
                          2012,c.3,s.4.



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                      Animal Health and Protection Act         Cap. A-11.1                       5



                              PART II
                          ANIMAL HEALTH
                      Control of Named Diseases
3. The objects of this Part are                                              Object
    (a) to promote and protect animal health;
    (b) to prevent the development of diseases in animals;
    (c) to minimize the adverse effects of diseases on animals; and
    (d) to prevent or control the spread of diseases among animals or
    from animals to humans. 1988,c.11,s.3; 2012,c.3,s.6.
3.1 (1) The Minister may by order designate any disease of an animal as      Named diseases
a named disease if the Minister is satisfied that the disease requires
extraordinary means for control.
  (2) An order made by the Minister under subsection (1) ceases to have      Term of order
effect six months after the day it is made unless sooner revoked by the
Minister.
  (3) Where the Minister designates a disease as a named disease             Notice
pursuant to subsection (1), the Minister shall cause a notice of the
designation specifying the named disease to be published as soon as is
reasonably possible in the Gazette. 2004,c.1,s.2.
3.11 Where                                                                   Duty to report
    (a) the owner of an animal knows or ought to know that the animal
    is or may be infected with a named disease; or
    (b) a veterinarian, other than the provincial veterinarian, knows or
    ought to know that an animal is or may be infected with a named
    disease,
the owner or veterinarian shall immediately report that the animal is or
may be infected with a named disease to the Minister or the provincial
veterinarian, in the manner prescribed. 2012,c.3,s.7.
3.2 (1) An inspector may, for the purpose of ascertaining the existence      Inspectors, entry
                                                                             and search powers
of any named disease,
     (a) enter, without a warrant, and search any premises, other than a
     dwelling place, where animals are present or where the inspector
     believes on reasonable grounds that animals are present;
     (b) stop and search any vehicle that contains animals or that the
     inspector believes on reasonable grounds contains animals;
     (c) inspect and take samples
        (i) from any animal that is infected with, or that the inspector
        believes on reasonable grounds is infected with, a named disease,
        and



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6                    Cap. A-11.1            Animal Health and Protection Act



                             (ii) of any thing derived from an animal referred to in subclause
                             (i) or any thing such animal may have come in contact with that is
                             at or in the premises where the animal is present or on or in the
                             conveyance where the animal is contained.
                       (1.1) For the purposes of clause (1)(b), an inspector may require the
Stopping a vehicle
                     operator of a vehicle to stop the vehicle and the operator of a vehicle
                     shall, when required to do so by an inspector,
                          (a) stop the vehicle and, subject to clause (b), remain stopped until
                          permitted to proceed by the inspector; and
                          (b) at the direction of the inspector, move the vehicle to the nearest
                          point where an inspection may be conducted.
                        (2) An inspector may, for the purposes of diagnosing, treating and
Orders
                     controlling a named disease, by order in writing,
                          (a) require the owner of an animal, at the owner’s expense, to
                             (i) treat the animal, in such manner and within such period of
                             time as the inspector considers appropriate,
                             (ii) retain the animal at such location and for such period of time
                             as the inspector considers appropriate,
                             (iii) destroy and dispose of the animal, or hay, straw, fodder or
                             other items that may have come in contact with the animal, in
                             such manner, at such place and within such period of time as the
                             inspector considers appropriate,
                             (iv) move the animal to such location and in such manner as the
                             inspector considers appropriate,
                             (v) clean and disinfect such premises and vehicles and in such
                             manner as the inspector considers appropriate,
                             (vi) produce for inspection all books, records or other documents
                             relating to the animal in the possession of the owner; and
                          (b) prohibit the owner of the animal from selling or otherwise
                          disposing of the animal,
                     if the animal is infected with a named disease or the inspector believes
                     on reasonable grounds that the animal is infected with a named disease.
                       (3) Every written order made under subsection (2) shall be served on
Service
                     the owner of the animal either by personally serving the owner, by
                     posting it in a prominent place at the premises of the owner, or by
                     registered mail addressed to the owner at his or her last known address.
                       (4) Any written order served on an owner of an animal under
Idem
                     subsection (3) shall be deemed to have been served on the owner on
                         (a) the day it is that is served personally on the owner;
                         (b) the day it is posted in a prominent place on the premises of the
                         owner; or



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                        Animal Health and Protection Act          Cap. A-11.1                       7



    (c) the day that is five days after the day the notice was sent by
    registered mail, unless the contrary is proven.
  (5) Every owner who is served with an order made under subsection             Compliance
(2) shall comply with the order in accordance with its terms.
  (6) Where an order made under subsection (2) remains in force, an             Inspection to ensure
                                                                                compliance
inspector may, for the purpose of determining compliance with the order,
enter without a warrant any premises, other than a dwelling place, or any
vehicle where the animal is located and inspect and take samples from
the animal.
  (7) An inspector may request the assistance of, and may be assisted           Peace officer
by, a peace officer in the performance of the inspector’s duties and the
exercise of the inspector’s powers under this section. 2004,c.1,s.2;
2012,c.3,s.8.
3.3 (1) Where the provincial veterinarian is satisfied that the presence        Order declaring an
                                                                                area to be restricted
of a named disease in animals in an area of the province requires an
extraordinary means for control, the provincial veterinarian may issue a
written order that declares the area to be a restricted area for the purpose
of this Act during the term of the order.
  (2) An order made under subsection (1) shall                                  Contents
    (a) set out the geographical limits of the restricted area;
    (b) indicate the named disease that is present and that requires the
    declaration of a restricted area;
    (c) indicate the class or types of animals that the order applies to;
    and
    (d) explain the restrictions set out in subsection (4) that apply in
    respect of those animals during the term of the order.
  (3) Where an order is made under subsection (1), the provincial               Publication
veterinarian shall cause a copy of the order to be published in the Gazette
as soon as possible.
  (4) Where an order declaring an area to be a restricted area is made          Compliance
under subsection (1) in respect of a class or type of animal, no person
shall transport any animal of a class or type to which the order applies, or
cause it to be transported, into or out of the restricted area unless the
animal
     (a) is accompanied by a certificate of health signed by a licensed
     veterinarian in the province of origin of the animal certifying that the
     animal is free from the named disease referred to in the order; and
     (b) the animal is free from the named disease referred to in the
     order. 2004,c.1,s.2.



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8                     Cap. A-11.1            Animal Health and Protection Act



                                            Provincial Traceability System
                      3.4 (1) The Minister may establish and oversee the operation of a
Traceability System
                      provincial traceability system for the purposes of identifying premises or
                      animals of a prescribed class and tracing the movement of animals of a
                      prescribed class or any things related to animals that are prescribed.
                         (2) The Minister may appoint a Registrar to administer the provincial
Registrar
                      traceability system, who shall perform the functions of the Registrar
                      under this Act and the regulations and such other functions as may be
                      assigned by the Minister.
                        (3) The owner of or a person or entity that has information respecting
Duty to take action
and report            premises, a vehicle or an animal of a prescribed class or any thing related
information
                      to animals that is prescribed, may be required by the regulations to
                           (a) take specified actions to support the establishment and effective
                           operation of a provincial traceability system; and
                           (b) report to the Registrar specified information in the form and at
                           the times specified. 2012,c.3,s.9.
                      3.5 (1) An inspector may, for the purpose of implementing and
Powers of inspector
                      maintaining a provincial traceability system,
                          (a) enter, without a warrant, and search any premises, other than a
                          dwelling place, where the inspector believes on reasonable grounds
                          that an animal of a prescribed class or any thing related to animals
                          that is prescribed is present, for the purposes of identification;
                          (b) collect information from the owner of or a person or entity that
                          has information respecting premises, a vehicle or an animal of a
                          prescribed class or any thing related to animals that is prescribed that
                          the owner, person or entity is required to provide to the Registrar
                          under the regulations;
                          (c) open and enter a vehicle, if the inspector believes on reasonable
                          grounds that an animal of a prescribed class or any thing related to
                          animals that is prescribed is in or on the vehicle, for the purposes of
                          identification;
                          (d) apply a symbol, tag or other identification mark or device to
                          premises, a vehicle or an animal of a prescribed class, or any thing
                          related to animals that is prescribed, for the purposes of subsequent
                          identification;
                          (e) take photographs or make videos, notes or other recordings of
                          any thing at or in premises or on or in a vehicle subject to inspection
                          that the inspector considers to be of assistance in the inspection;
                          (f) require the production for examination of any books, records or
                          other documents




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                        Animal Health and Protection Act          Cap. A-11.1                     9



       (i) relating to the identification of or documenting the movement
       from one location to another of an animal of a prescribed class or
       any thing related to animals that is prescribed, or
       (ii) relating to the identification of premises or a vehicle of a
       prescribed class;
    (g) require the owner of premises or a vehicle subject to inspection
    and any person found at or in the premises or on or in the vehicle to
    provide assistance to the inspector in carrying out his or her duties or
    functions; or
    (h) require the owner of premises, a vehicle or an animal of a
    prescribed class, or any thing related to animals that is prescribed, to
    answer questions relating to a provincial traceability system put to
    the owner by the inspector.
  (2) An inspector may make an order in writing requiring an owner or           Order
a person or entity referred to in subsection (1) to provide to the inspector
information or books, records or other documents in accordance with
subsection (1), and subsections 3.2(3) to (5) apply in relation to that
order.
  (3) An inspector may request the assistance of and may be assisted by         Assistance of peace
                                                                                officer
a peace officer in the performance of the duties and exercise of the
powers of the inspector under this section. 2012,c.3,s.9.
4. (1) The Lieutenant Governor in Council may make regulations                  Regulations
     (a) generally for the purpose of eradicating, preventing or
     controlling the spread of disease among animals in the province;
     (b) providing that no person may have in his possession an animal
     infected with a named disease;
     (c) providing that no animal may be admitted into the province
     without a certificate, issued by such person or agency as may be
     designated by regulation, as to the freedom of such animal from a
     named disease;
     (d) providing the terms and conditions upon which any person may
     have in his possession at any time an animal that the Minister thinks
     likely to convey a named disease to any other animal or to a person;
     (e) providing for the treatment and method of treatment to be given
     to any animal or premises to eradicate, control or prevent the spread
     of a named disease and requiring that the treatment be given by the
     owner or by a person appointed for the purpose;
     (f) providing for the treatment, prior to sale or disposal, of an animal
     infected or suspected of being infected with a named disease;
     (g) prohibiting of the sale of any animal infected with a named
     disease;




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10   Cap. A-11.1             Animal Health and Protection Act



          (h) respecting the manner in which the owner of an animal or a
          veterinarian shall report to the Minister or the provincial veterinarian
          that the animal is or may be infected with a named disease;
          (i) respecting restricted areas;
          (j) repealed by 2004,c.1,s.3;
          (k) repealed by 2004,c.1,s.3;
          (k.1) prescribing criteria for disease-free zones and designating
          disease-free zones for animals or particular classes of animals;
          (k.2) controlling or prohibiting the movement of specified animals
          or classes of livestock into a disease-free zone and the rearing of
          such animals or livestock within that zone;
          (l) providing for the segregation or destruction and disposal of an
          animal infected with a named disease;
          (m) repealed by 2004,c.1,s.3;
          (n) providing for payment by the owner of an animal of the expense
          of any treatment required by the regulations;
          (o) establishing and governing a provincial traceability system;
          (p) prescribing the classes of premises, vehicles or animals, or the
          things related to animals that are subject to the provincial traceability
          system;
          (q) respecting the identification of premises or vehicles of
          prescribed classes;
          (r) respecting the identification of and tracing the movement of
          animals of a prescribed class and any things related to animals that
          are prescribed;
          (s) requiring the owner of premises, a vehicle or an animal of a
          prescribed class, or any thing related to animals that is prescribed, to
              (i) obtain from the Registrar an identification number, mark,
              symbol, sign, tag or device for the premises, vehicle, animal, or
              thing related to animals,
              (ii) apply an identification number, mark, symbol, sign, tag or
              device to the premises, vehicle, animal, or thing related to
              animals,
              (iii) track the movement from one location to another of the
              animal or thing related to animals,
              (iv) keep records, in the form required by the Registrar, of
              specified information for a specified period of time,
              (v) report to the Registrar, in the form required by the Registrar,
              specified information at specified times, or
              (vi) take any other action necessary to facilitate the establishment
              or operation of a provincial traceability system;
          (t) prescribing the records to be kept by an owner under subclause
          (s)(iv) and the period of time the records are to be kept;




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                       Animal Health and Protection Act          Cap. A-11.1                    11



    (u) prescribing the information to be reported to the Registrar by an
    owner under subclause (s)(v) and when the information is to be
    reported;
    (v) requiring prescribed persons or entities that collect prescribed
    information respecting
       (i) premises, vehicles or animals of a prescribed class, or any
       things related to animals that are prescribed, or
       (ii) the owners of any animals, places or things referred to in
       clause (i),
    to report that information to the Registrar, in the form required by the
    Registrar, at specified times;
    (w) prescribing the persons or entities that are required to report
    information to the Registrar under clause (v);
    (x) prescribing the information to be reported under clause (v) and
    when the information is to be reported;
    (y) requiring the Registrar to establish and record information in
    one or more identification rolls;
    (z) respecting the information that the Registrar shall collect and
    record in an identification roll;
    (aa) respecting the removal of information from an identification
    roll;
    (bb) respecting the assignment of an identification number, mark or
    symbol to premises, a vehicle or an animal of a prescribed class or
    any other thing related to animals that is prescribed; and
    (cc) prescribing anything that is required or permitted to be
    prescribed, referred to as being prescribed or in the regulations or
    that is required, permitted or referred to as being done in the
    regulations, in accordance with the regulations or by the regulations.
    1988,c.11,s.4; 1997,c.4,s.1; 2004,c.1,s.3; 2012,c.3,s.10.
5. Repealed by 2004,c.1,s.4.                                                   Offence and penalty

6. Repealed by 2004,c.1,s.5.                                                   Payment for
                                                                               veterinary services
7. Repealed by 2004,c.1,s.5.                                                   Regulations


                             PART IV
                        ANIMAL PROTECTION
8. (1) For the purposes of this Part an animal is deemed to be in a state      Animal in distress
of distress if it
     (a) is in need of food, water, care or treatment;
     (b) is sick, in pain or suffering or has been injured; or
     (c) is abused or subjected to cruelty or neglect.




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12                    Cap. A-11.1             Animal Health and Protection Act



                        (2) For the purposes of this Part an animal is deemed not to be in a
Animal not in
distress              state of distress if any deprivation, pain, suffering, injury, abuse, neglect
                      or other distress the animal experiences result from an activity that
                           (a) is carried on in a manner consistent with generally accepted
                           practices of animal management, husbandry or slaughter; or
                           (b) is exempted by the regulations from the application of this Part.
                           1988,c.11,s.8; 2004,c.1,s.6.
                      8.1 (1) No person shall cause an animal unnecessary pain, suffering or
Causing
unnecessary pain,     injury.
suffering or injury

                        (2) No owner of an animal shall cause or permit the animal to be, or
Causing or
permitting distress   continue to be, in distress.
                        (3) For the purposes of subsection (2), the owner of an animal does
Idem
                      not permit the animal to be in distress where the owner, on becoming
                      aware of the distress, immediately takes reasonable steps to relieve the
                      distress of the animal. 2004,c.1,s.7.
                      9. (1) For the purposes of enforcement of this or any other enactment
Inspectors have
powers of peace       pertaining to the welfare of or the prevention of cruelty to animals, every
officers
                      inspector may exercise any powers of a peace officer;
                        (2) Subject to the terms of any agreement respecting the policing of the
Assistance by peace
officers              province, every peace officer shall assist an inspector in the enforcement
                      of this or any other enactment relating to the prevention of cruelty to
                      animals. 1988,c.11,s.9.
                      10. Repealed by 2004,c.1,s.8.
Offence

                      11. (1) Subject to subsections (2) and (3), where an inspector believes
Entry and
inspection            on reasonable grounds that an animal is in distress in any premises or
                      vehicle, the inspector may, without a warrant and to determine whether
                      an animal therein is in distress,
                          (a) enter the premises or vehicle at any time either alone or
                          accompanied by a veterinarian; and
                          (b) inspect the place or vehicle and any animal found therein.
                        (2) An inspector may not enter any premises that is a dwelling place
Dwelling places
                      without the consent of the owner of the dwelling place, or a person in
                      charge of it, except under the authority of a warrant issued under
                      subsection (3).
                        (3) A justice who is satisfied by information on oath that there are
Warrant
                      reasonable and probable grounds to believe that there is an animal in
                      distress in a dwelling place may issue a warrant authorizing the inspector
                      named therein, together with a veterinarian and such peace officers as are


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                       Animal Health and Protection Act           Cap. A-11.1                        13



required to assist, to enter and inspect that dwelling place and inspect any
animal found therein, subject to such conditions as may be specified in
the warrant.
  (4) An inspector shall use no more force that is reasonably required to       Use of force
enter and inspect a place or vehicle under this section.
  (5) A veterinarian who has, under this section, entered any place or          Inspection by
                                                                                veterinarian
vehicle with an inspector, may inspect any animal found therein for the
purposes of determining whether the animal is in distress.
  (6) Where an inspector has entered any place or vehicle and finds that        Relief of distress
an animal is in distress, the inspector may, in addition to any other action
he or she is authorized to take under this Act and the regulations, supply
the animal with food, water or any immediate or emergency care that
may be necessary to alleviate the distress. 1988,c.11,s.11; 2004,c.1,s.9.
12. (1) Where an inspector has reasonable grounds to believe that an            Order to owner
animal is in distress and the owner of the animal is present or may be
found promptly, the inspector may order the owner to
     (a) take such action as may, in the opinion of the inspector, be
     necessary to relieve the animal of its distress; or
     (b) have the animal examined and, if necessary in the opinion of the
     inspector, treated by a veterinarian at the expense of the owner.
  (2) Every order under subsection (1) shall be in writing.                     Writing

  (3) Every order under subsection (1) shall be served upon the owner           Service
personally or by registered mail addressed to the owner at his latest
known address.
  (4) Where an inspector makes an order under subsection (1), he shall          Time for
                                                                                compliance
specify in the order the time within which any action required by the
order shall be performed.
  (5) Every person who is served with an order under subsection (3)             Compliance
shall comply with the order in accordance with its terms.
  (6) Where an order made under subsection (1) remains in force, an             Inspection to ensure
                                                                                compliance
inspector may, for the purpose of determining whether the order has been
complied with, enter without a warrant any premises or vehicle where the
animal is located and inspect the animal and that premises or vehicle
where the animal is kept.
  (7) Repealed by 2004,c.1,s.10. 1988,c.11,s.12; 2004,c.1,s.10.                 Appeal

13. (1) The Minister shall appoint a veterinarian to serve as the appeals       Appeals officer
officer.


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14                   Cap. A-11.1            Animal Health and Protection Act



                       (2) The appeals officer shall hear and determine appeals made under
Duties
                     section 13.1.
                     13.1 (1) An owner of a animal who is aggrieved by an order made
When owner may
appeal               under section 12 may appeal the order to the appeals officer within seven
                     days after the service on the owner of the order.
                       (2) The appeal shall be
Appeal in writing
                         (a) made in writing and in a form approved by the appeals officer;
                         (b) filed with the provincial veterinarian within the time period
                         specified in subsection (1); and
                         (c) forwarded to the appeals officer after filing with the provincial
                         veterinarian.
                       (3) The appeals officer shall review the order that is the subject of an
Review
                     appeal within five days of the receipt of the appeal by the provincial
                     veterinarian.
                       (4) An order that is the subject of an appeal remains in force pending
Order continues in
force                the determination of the appeal, unless the appeals officer determines
                     otherwise.
                       (5) The appeals officer, on reviewing an appeal, may confirm, vary or
Decision
                     rescind the order appealed.
                       (6) The appeals officer shall provide notice of his or her decision to
Notice
                         (a) the owner who made the appeal; and
                         (b) the inspector who made the order that is the subject of the
                         appeal. 1988,c.11,s.13; 2004,c.1,s.11.
                     14. (1) An inspector may remove an animal from the premises or vehicle
Removal of animal
                     where it is and take possession thereof for the purpose of providing it
                     with food, water, care or treatment of its distress where
                          (a) a veterinarian has examined the animal and has advised the
                          inspector 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 order respecting the animal has been made under section 12
                          and the order has not been complied with.
                       (2) An inspector may destroy an animal
Destruction of
animal                   (a) with the consent of the owner;
                         (b) where a veterinarian has examined the animal and has advised
                         the inspector that the animal is ill or injured and, in his opinion, is



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                       Animal Health and Protection Act           Cap. A-11.1                    15



    incapable of being so cured or healed as to live thereafter without
    suffering; or
    (c) notwithstanding clauses (a) and (b), where
       (i) the owner cannot be promptly found, or a veterinarian is not
       able to provide his opinion within a reasonable time, and
       (ii) the animal's injury or illness is of such seriousness as to cause
       severe distress.
  (3) Where an inspector has removed or destroyed an animal under               Notice
subsection (1) or (2), he shall forthwith notify the owner of the animal, if
known, of his action by notice in writing served upon the owner in the
manner prescribed for service of an order under subsection 12(3).
1988,c.11,s.14; 2004,c.1,s.12.
15. (1) Where                                                                   Statement of
                                                                                account
     (a) an inspector or veterinarian has, under subsection 11(6),
     provided an animal with food, water, care or treatment to relieve its
     distress; or
     (b) an inspector has, under section 14, removed and taken
     possession of an animal, or destroyed it,
an inspector may serve on the owner of the animal a statement of account
respecting the costs incurred for such relief, removal or destruction by
mailing the statement by registered mail to the owner at his or her latest
known address.
  (1.1) The owner of an animal is liable to pay the costs set out in a          Owner liable
statement of account after the service of the statement.
  (1.2) A statement of account is deemed to be served 5 business days           Deemed service
after the day on which is was served in accordance with subsection (1).
  (2) Where the owner refuses to pay an account for which he is liable          Sale
under subsection (1.1) within ten days after service of the statement of
account or where the owner after reasonable inquiry, cannot be found,
the inspector may sell the animal and be reimbursed out of the proceeds,
holding the balance in trust for the owner or other person entitled thereto
or otherwise dispose of the animal.
  (3) Any balance remaining unclaimed after sixty days from the date of         Unclaimed balance
sale of the animal shall revert to the province. 1988,c.11,s.15;
2004,c.1,s.13.
16. The Lieutenant Governor in Council may make regulations                     Regulations
    (a) prescribing the qualifications of persons to be appointed
    inspectors for the purposes of this Act;
    (b) respecting the manner of taking an animal into custody;



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16            Cap. A-11.1             Animal Health and Protection Act



                   (c) prescribing a tariff of expenses which may be charged to the
                   owner of an animal taken into custody under this Act for
                   transportation, food, care, shelter and medical treatment of the
                   animal;
                   (d) prescribing, with respect to animals kept for sale, hire or
                   exhibition,
                       (i) standards of design, construction and maintenance of the
                       facilities in which the animals are kept, and
                       (ii) the standard of care with which the animals shall be
                       maintained;
                   (e) respecting the use of animals for the purposes of medical or
                   scientific research;
                   (f) prescribing procedures for an appeal;
                   (g) designating animals or classes thereof to which this Part is not
                   applicable, either in whole or in part;
                   (h) restricting the application of provisions to certain class or classes
                   of animals;
                   (h.1) exempting types or classes of activities concerning animals
                   from the application of Part IV;
                   (i) regarding the payment of expenses incurred in connection with
                   animal protection in addition to the provisions of section 15;
                   (j) generally for the better administration of animal protection.
                   1988,c.11,s.16; 2004,c.1,s.14.

                                                PART V
                                               GENERAL
              17. No action lies against the Minister, an inspector, the provincial
Liability
              veterinarian, the Registrar, a veterinarian or any person acting under this
              Act as an agent of the Minister for anything done or not done, in good
              faith, under this Act or regulations. 1988,c.11,s.17; 2012,c.3,s.11.
              18. No person shall
Obstructing
inspector         (a) obstruct or hinder or fail to assist as requested by; or
                  (b) give false information to or fail to provide information as and
                  when requested by,
              an inspector, the provincial veterinarian or the Registrar in the
              performance of his or her duties or the exercise of his or her powers
              under this Act or the regulations. 1988,c.11,s.18; 2004,c.1,s.15;
              2012,c.3,s.12.
              19. (1) Every person who contravenes a provision of this Act or the
Offence
              regulations is guilty of an offence and liable on summary conviction to a
              fine of not less than $500 and not more than $15,000.




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                      Animal Health and Protection Act         Cap. A-11.1                   17



  (2) Where a contravention of a provision of this Act or the regulations    Continuing offence
continues for more than one day, the person committing the
contravention is guilty of a separate offence for each day that the
contravention continues. 2004,c.1,s.15; 2012,c.3,s.13.
20. In addition to imposing the penalties prescribed by section 19, a        Order prohibiting
                                                                             ownership of
judge, on convicting a defendant of contravening a provision under Part      animal
IV of the Act, may make an order prohibiting the defendant from owning
or having the custody or control of an animal during any period that the
court considers appropriate, including for the lifetime of the defendant.
2004,c.1,s.15; 2012,c.3,s.14.
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