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

Share |
Popular Title:  Companion Animal Protection Act Primary Citation:  S.P.E.I. 2001, c. 4, s. 1 - Country of Origin:  Canada Last Checked:  April, 2015 Date Adopted:  2001
Summary:

This set of laws comprises the Prince Edward Island (PEI) Companion Animal Protection Act. The object of this Act is to protect companion animals from abuse and neglect and to license and regulate the activities of companion animal establishments. Under the Act, no person shall wilfully cause a companion animal unnecessary pain, suffering or injury or permit it to be in distress. Any companion animal that is at large and or appears to be in distress may be caught and taken possession of by a person who is not the owner of the companion animal. Every person who fails to comply with this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $5,000.

Statute Text: 

 

 PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office
consolidation of this Act, current to May 30, 2012. 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 C-14.1

            COMPANION ANIMAL PROTECTION ACT


                                 PART I

               INTERPRETATION AND APPLICATION
1. (1) In this Act                                                            Definitions

    (a) “animal” means a non-human vertebrate;                                animal

    (b) “appeals officer” means the veterinarian appointed as the appeals     appeals officer
    officer by the Minister under subsection 9.2(1);
    (c) “at large” means not under control;                                   at large

    (d) “companion animal” means an animal that is not an excluded            companion animal
    animal;
    (e) “companion animal establishment” means an establishment,              companion animal
                                                                              establishment
    other than an excluded establishment, where companion animals are
    kept for boarding, training, sale or display on a regular basis and for
    fee or reward, and includes a circus, an establishment operated by
    the Society, a pet store, and a zoo;
    (f) “Director” means the Director of Licensing appointed under            Director
    section 10;
    (g) “excluded animals” means                                              excluded animals
       (i) livestock and poultry as defined in the Animal Health and
       Protection Act R.S.P.E.I. 1988, Cap. A-11.1,
       (ii) animals that are wildlife as defined in the Wildlife
       Conservation Act R.S.P.E.I. 1988, Cap. W-4.1, and
       (iii) animals of a species, type or category prescribed by the
       regulations;
    (h) “excluded establishment” means an establishment                       excluded
                                                                              establishment
       (i) that operates solely as a kennel as defined in the Dog Act
       R.S.P.E.I. 1988, Cap. D-13,
       (ii) that operates solely as a veterinary clinic licensed by the
       Prince Edward Island Veterinary Medical Association, or
       (iii) that is specifically, or that is of a type, excluded by the
       regulations;
    (i) “Society” means the Prince Edward Island Humane Society;              Society




                                    1
 
2                     Cap. C-14.1             Companion Animal Protection Act



                           (j) “inspector” means an inspector appointed under subsection 5(1)
inspector
                           and includes a conservation officer appointed under the Wildlife
                           Conservation Act R.S.P.E.I. 1988, Cap. W-4.1;
license
                           (k) “license” means a license to operate a companion animal
                           establishment issued under subsection 10.2(4);
                           (l) “licensee” means a person who holds a license;
licensee

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

                           (n) “officer” means an officer appointed under subsection 5(1);
officer

                           (o) “owner” means the owner of a companion animal, and includes
owner
                              (i) a person who has, with the consent of the owner, possession or
                              charge of the companion animal,
                              (ii) unless the contrary is indicated, a licensee or person in charge
                              of a companion animal establishment at which the companion
                              animal is kept or found, and
                              (iii) a parent of a person under the age of 18 years who
                                  (A) owns a companion animal or who has possession or charge
                                  of a companion animal owned by the parent, and
                                  (B) resides with the parent,
                           but does not include a person under the age of 18 referred to in
                           subclause (iii);
                           (p)“parent” means
parent
                              (i) a birth or adoptive parent who has custody or guardianship
                              rights to a child,
                              (ii) a person, who has stood in loco parentis to a child for a
                              period of not less than one year and who has a continuing
                              relationship with the child,
                              (iii) a legal guardian of a child, or
                              (iv) a person responsible for the care of a child and with whom
                              the child resides;
                           (q) “private property” includes real or personal property;
private property

                           (r) “veterinarian” means a person licensed to practise clinical
veterinarian
                           veterinary medicine under the Veterinary Profession Act R.S.P.E.I.
                           1988, Cap. V-3.
                        (2) For the purposes of this Act, a companion animal is in distress if it
Animal in distress
                          (a) is in need of food, water, care, shelter or treatment;
                          (b) is sick, in pain or suffering or has been injured; or
                          (c) is abused or subjected to cruelty or neglect.
                        (3) Subject to subsection (4), for the purposes of this Act, an accepted
Accepted activities
                      activity includes the following activities:


                                                            2
 
                        Companion Animal Protection Act           Cap. C-14.1                         3



    (a) research and teaching involving animals;
    (b) euthanasia of animals;
    (c) any other activity designated by the regulations as an accepted
    activity.
  (4) An activity is an accepted activity under subsection (3) only if it is    Standards for
                                                                                accepted activities
carried out in a manner that is consistent with the regulations.
  (5) This Act and the regulations do not apply to any municipality             Application to
                                                                                municipalities
where the municipality has enacted and is enforcing bylaws that
substantially conform to or exceed the standards and procedures
established by this Act or the regulations.
  (6) Where there is a conflict between a provision of this Act and             Conflict with Dog
                                                                                Act
provision of the Dog Act, the Dog Act shall prevail to the extent of the
conflict. 2001,c.4,s.1; 2004,c.36,s.3; 2009,c.73,s.2; 2012,c.9,s.1.
2. The object of this Act is to protect companion animals from abuse and        Object
neglect and to license and regulate the activities of companion animal
establishments. 2001,c.4,s.2.

                                  PART II

             PROTECTION OF COMPANION ANIMALS

               Restrictions Respecting Injury and Distress
3. (1) No person shall wilfully cause a companion animal unnecessary            Causing
                                                                                unnecessary pain,
pain, suffering or injury.                                                      suffering or injury

  (2) No owner of a companion animal shall cause or permit the                  Causing or
                                                                                permitting distress
companion animal to be, or to continue to be, in distress.
  (3) Subsections (1) and (2) do not apply where the pain, suffering,           Exception regarding
                                                                                accepted activities
injury or distress are the result of any treatment, process or condition that
occurs in the course of an accepted activity. 2001,c.4,s.3.

              Companion Animals at Large and in Distress
4. (1) Any companion animal                                                     Catching and
                                                                                holding animals at
     (a) that is at large, and                                                  large
     (b) that is, or appears to be, in distress,
may be caught and taken possession of by a person who is not the owner
of the companion animal.




                                      3
 
4                    Cap. C-14.1            Companion Animal Protection Act



                       (2) Where a companion animal is caught and taken possession of under
Notice to owner
                     subsection (1), the captor shall, if the captor knows or can easily find the
                     owner of the companion animal, notify the owner as soon as possible,
                         (a) that the animal has been caught;
                         (b) that the animal is or appears to be in distress; and
                         (c) of the place where the animal is being held.
                       (2.1) Where
Notice to Society
                          (a) the captor does not know or cannot easily find the owner of the
                          companion animal; or
                          (b) the owner is notified in accordance with subsection (2) but does
                          not pick up the companion animal within 24 hours of receiving that
                          notice,
                     the captor shall notify the Society of the matters referred to in subsection
                     (2), as soon as possible after catching the companion animal, in the
                     circumstances referred to in clause (a), or after the expiry of the 24-hour
                     period, in the circumstances referred to in clause (b).
                       (3) A captor shall, as soon as possible, make reasonable arrangements
Duty of reasonable
care                 for the animal’s care until it is recovered by the owner or it is taken into
                     the possession and charge of the Society.
                       (4) When notified under subsection (2.1), the Society shall, as soon as
Society to arrange
shelter              possible, take possession and charge of the companion animal and
                     arrange for the companion animal
                         (a) to be sheltered at its premises, a veterinary clinic or a companion
                         animal establishment that accepts animals on behalf of the Society;
                         and
                         (b) to be given such care as the Society considers reasonable in the
                         circumstances.
                       (5) Where the Society takes possession and charge of a companion
Notice
                     animal under this section, the Society shall, as soon as possible, so
                     inform an officer, and the officer shall, if the owner was not notified
                     under subsection (2) of the animal’s capture and distress, take reasonable
                     steps to locate the owner and to advise the owner that the companion
                     animal is in the possession and charge of the Society and may be
                     recovered, placed for adoption or given euthanasia, in accordance with
                     section 9.1. 2001,c.4,s.4.

                                      Intervention by Inspectors and Officers
                     5. (1) The Minister may appoint such inspectors and officers as are
Inspectors and
officers             necessary for the administration of this Act and the regulations.




                                                          4
 
                       Companion Animal Protection Act           Cap. C-14.1                         5



  (2) Any member or employee of the Society who is nominated by the
                                                                               Persons eligible to
Society, or a veterinarian, is eligible to be appointed as an officer under    be officers
subsection (1).
                                                                               Certificate of
  (3) The Minister shall provide an inspector or officer with a certificate    appointment
of appointment.
  (3.1) A conservation officer appointed under the Wildlife                    Conservation
                                                                               officers are
Conservation Act is an inspector for the purposes of this Act by virtue of     inspectors
his or her office.
  (3.2) Notwithstanding subsection (3), the identification card issued to      Identification card
                                                                               is certificate of
a conservation officer under the authority of the Conservation Officer         appointment
Regulations under the Wildlife Conservation Act is deemed to be a
certificate of appointment for the purposes of subsection (4).
  (4) An inspector or officer acting under the authority of this Act or the    Production of
                                                                               certificate
regulations shall, on request, produce his or her certificate of
appointment.
  (5) The Minister may engage, on such terms and conditions as the             Professional
                                                                               expertise
Minister considers appropriate, the services of such professional or
technical persons or experts, as the Minister considers appropriate, to
advise the Minister on matters relating to the efficient administration and
enforcement of this Act and the regulations.
  (6) At the direction of the Minister, a person who is not an employee        Remuneration and
                                                                               expenses
of the province and who assists in the administration and enforcement of
this Act, as an officer or in any other capacity, may be paid such
remuneration or reimbursed for such expenses as is permitted by the
regulations. 2001,c.4,s.5; 2012,c.9,s.2.
5.1 An inspector may issue tickets under the Summary Proceedings Act           Powers of
                                                                               Inspectors
R.S.P.E.I. 1988, Cap. S-9 in respect of a contravention of this Act or the
regulations. 2012,c.9,s.3.
6. (1) Subject to subsections (2) and (3), where an inspector or officer       Entry and
                                                                               inspection without
believes on reasonable and probable grounds that a companion animal is         warrant
in distress in any place, including a companion animal establishment, or
in any vehicle, the inspector or officer may, without a warrant,
     (a) enter the place or vehicle either alone or accompanied by a
     veterinarian; and
     (b) inspect the place or vehicle and any companion animal found
     therein to determine whether the animal is in distress.




                                     5
 
6                    Cap. C-14.1            Companion Animal Protection Act



                       (2) An inspector or officer may not enter any place that is a dwelling
Warrant to enter
                     place without the consent of the owner or person in charge except under
dwelling place
                     the authority of a warrant issued under subsection (4).
                       (3) Before entering any place or vehicle under this section, an
Consent to entry
                     inspector or officer shall take reasonable steps to find the owner or
                     person in charge and reasonably attempt to obtain his or her consent to
                     the entry.
                       (4) A justice who is satisfied by information on oath
Authority to issue
warrant                   (a) that there are reasonable and probable grounds to believe that
                          there is a companion animal in distress in a dwelling place; and
                          (b) that either
                              (i) a reasonable but unsuccessful attempt to obtain consent to
                              enter the dwelling place has been made, or
                              (ii) there are reasonable and probable grounds for believing that
                              consent to entry will not or can not be given,
                     may issue a warrant authorizing the inspector or officer named therein,
                     together with a veterinarian and such peace officers as are required to
                     assist, to enter and inspect that dwelling place and any companion animal
                     found therein, subject to such conditions as may be specified in the
                     warrant.
                       (5) An inspector or officer shall use no more force than is reasonably
Use of force
                     required to enter or inspect private property.
                       (6) No person shall in any manner hinder or obstruct an inspector or
Obstruction
                     officer in the performance of the inspector’s or officer’s duties under this
                     Act and the regulations.
                       (7) A veterinarian who has, under this section, entered any place or
Inspection by
veterinarian         vehicle with an inspector or officer, may inspect any companion animal
                     found there for the purposes of determining whether the companion
                     animal is in distress.
                        (8) Where an inspector or officer has entered any place or vehicle and
Relief of distress
                     finds an animal in distress, the inspector or officer 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 for alleviating the distress.
                     2001,c.4,s.6.
                     6.1 (1) During the regular business hours of a companion animal
Entry and
inspection of        establishment, an inspector or officer may, without a warrant or the
companion animal
                     consent of the licensee, routinely enter the companion animal
establishments
                     establishment and inspect it and any companion animal found therein to



                                                          6
 
                       Companion Animal Protection Act           Cap. C-14.1                       7



determine whether that companion animal establishment is operating in
compliance with this Act and the regulations.
  (2) Where, after making an entry and inspection under subsection (1),        Report of matter by
                                                                               officer
an officer believes that the companion animal establishment is not
operating in compliance with this Act or the regulations, the officer shall
report the matter to an inspector. 2001,c.4,s.6.1.
7. (1) This section does not apply in respect of the owner of any              Application of
                                                                               section
companion animal kept in a companion animal establishment.
  (2) Where an inspector or officer has reasonable and probable grounds        Order to owner to
                                                                               relieve distress
to believe that a companion animal is in distress and the owner of the
companion animal is present or may be found promptly, the inspector or
officer may order the owner to take such action as may, in the opinion of
the inspector or officer, be necessary to relieve the distress of the
companion animal or improve the conditions that are causing the
distress.
                                                                               Content of orders
  (3) An order issued under subsection (2) shall be in writing and shall,
subject to subsection (4), contain a standard of care as prescribed by the
regulations.
  (4) Where a standard of care for a companion animal is not prescribed        Consultation with
                                                                               veterinarian
by the regulations, an inspector or officer, as the case may be, shall
consult a veterinarian for the purpose of determining what actions are
necessary to relieve the companion animal’s distress or to improve the
conditions that are causing the distress, and the order issued under
subsection (2) shall be consistent with the veterinarian’s instructions.
  (5) Where an inspector or officer makes an order under subsection (2),       Time for
                                                                               compliance and
the inspector or officer shall specify in the order                            right of appeal
     (a) the time within which any action required by the order shall be
     performed; and
     (b) the owner’s entitlement to appeal the order in accordance with
     section 9.3.
  (6) Every order made under subsection (2) shall be served on the             Service
owner personally or by posting the order on the place where the
companion animal was found, and service in any such manner shall be
deemed to take effect immediately.
  (7) An owner who is served with an order under subsection (6) shall          Compliance
                                                                               required
comply with the order in accordance with its terms.
  (8) Subject to subsection (9), where an order made under subsection          Inspection to ensure
                                                                               compliance
(2) remains in force, an inspector or officer may, for the purpose of


                                     7
 
8                      Cap. C-14.1             Companion Animal Protection Act



                       determining whether the order has been complied with, enter the place or
                       vehicle where the companion animal is located and inspect the
                       companion animal or the place or vehicle.
                         (9) Where re-entry to a dwelling place is required for the purpose of
Re-entry, dwelling
place                  the determining whether the order has been complied with, re-entry
                       without a new warrant is only permitted under subsection (8) where it is
                       a condition of the original warrant for entry into the dwelling place.
                       2001,c.4,s.7.
                       8. (1) Where, after
Order to licensee to
relieve distress            (a) entering and making an inspection of a companion animal
                            establishment under section 6 and subsection 6.1(1); or
                            (b) receiving the report of an officer under subsection 6.1(2),
                       an inspector has reasonable and probable grounds to believe that a
                       companion animal in the companion animal establishment is in distress,
                       the inspector may order the licensee to take such action as may, in the
                       opinion of the inspector, be necessary to relieve the distress of the
                       companion animal or improve the conditions in the companion animal
                       establishment that are causing the distress.
                         (2) Subsections 7(3) to (7) apply, with such changes as are required, in
Application of
provisions re orders   respect of any order made under subsection (1) or (3) or any decision
and appeal
                       made under subsection (5).
                         (3) An officer shall have the powers of an inspector to issue an order
Officer has powers
of inspector           under subsection (1) where
                           (a) the officer observes or hears a companion animal in what he
                           believes to be, based on reasonable and probable grounds,
                           circumstances of immediate life-threatening distress; and
                           (b) the officer is unable to contact or make a report to an inspector
                           about the matter within a reasonable time.
                         (4) Every order issued under subsection (3) shall be deemed to be an
Interim order
                       interim order and, within two working days, after making the order, the
                       officer shall forward a copy of the order to an inspector.
                         (5) On receipt of a copy of an interim order, an inspector shall, as soon
Inspector to
confirm, vary or       as is practicable, confirm, vary or rescind the order, as the inspector
rescind
                       considers appropriate. 2001,c.4,s.8.
                       9. (1) An inspector or officer may remove a companion animal from the
Removal of
companion animal       place, including a companion animal establishment, or vehicle in which
                       it is found, and take possession and charge of the companion animal for
                       the purposes of providing it with food, water or care to relieve its distress
                       where a veterinarian has inspected the animal and has advised that the
                       health and well-being of the companion animal necessitates its removal.


                                                             8
 
                        Companion Animal Protection Act           Cap. C-14.1                       9



  (2) An inspector may also remove a companion animal from the place,
                                                                                Additional
including a companion animal establishment, or vehicle in which it is           circumstances for
found, and take possession and charge of it for the purposes referred to        removal
in subsection (1) where
     (a) the inspector has inspected the companion animal and has
     reasonable grounds for believing that it is in distress and its owner is
     not present and cannot be found promptly;
     (b) an order respecting the companion animal, or the companion
     animal establishment in which it is found, has not been complied
     with; or
     (c) the inspector has reasonable grounds to believe that making an
     order will not eliminate or relieve the companion animal of its
     distress within a reasonable period of time.
  (3) An inspector or officer may cause a companion animal to be given          Euthanasia
euthanasia
    (a) with the consent of the owner; or
    (b) where a veterinarian has examined the companion animal and
    determined that the companion animal is ill or injured and, in the
    opinion of the veterinarian, is incapable of being so cured or healed
    as to live without suffering.
  (3.1) On removing a companion animal under subsection (1) or (2), an          Transfer to Society
inspector or officer shall, as soon as is practicable, transfer possession
and charge of the companion animal to the Society.
  (4) An inspector or officer who removes a companion animal under              Notice
subsection (1) or (2) or causes it to be given euthanasia under subsection
(3) shall take reasonable steps to locate the owner of the companion
animal as soon as is reasonably practicable and to advise the owner
    (a) that the companion animal was found to be in distress;
    (b) of any action taken by the inspector or officer in respect of the
    companion animal;
    (c) if the companion animal has been placed in the possession and
    charge of the Society for care and shelter, that
       (i) the companion animal may be recovered, placed for adoption
       or given euthanasia in accordance with section 9.1, and
       (ii) the owner may appeal the decision to remove the companion
       animal to the appeals officer under section 9.3; and
    (d) if the companion animal has been given euthanasia, of the
    owner’s liability, under subsection 13(1), for all of the costs
    associated with that action.
  (5) On receiving possession and charge of a companion animal under            Provision of shelter
                                                                                and care
subsection (3.1), the Society shall, as soon as possible, arrange for the
companion animal to be


                                      9
 
10                  Cap. C-14.1            Companion Animal Protection Act



                         (a) sheltered at its premises, or at a veterinary clinic or companion
                         animal establishment that accepts animals on behalf of the Society;
                         and
                         (b) given such care as the Society considers reasonable in the
                         circumstances. 2001,c.4,s.9.

                                         Recovery, Adoption, Euthanasia
                    9.1 (1) The owner of a companion animal placed in the possession and
Recovering
possession of       charge of the Society under subsections 4(4) or 9(3.1) may, within the
companion animal
                    prescribed time period, recover possession and charge of the companion
                    animal on paying to the Society the fees and costs for which the owner is
                    liable under subsection 13(1).
                      (2) Where the owner of a companion animal that has been placed in
Adoption or
euthanasia          the possession and charge of the Society under subsections 4(4) or 9(3.1)
                         (a) fails to take possession of the companion animal in accordance
                         with subsection (1); or
                         (b) fails to obtain a decision, under subsection 9.3, on appeal to the
                         appeals officer, requiring the return of the companion animal,
                    the Society is deemed to be the owner of the animal and may place the
                    animal for adoption, with a person approved by the Society and for a
                    prescribed fee, or cause it to be given euthanasia.
                      (3) Where a companion animal is placed for adoption under subsection
Transfer of
ownership           (2), the companion animal becomes the property of the person with
                    whom it is placed. 2001,c.4,s.9.1.

                                                     Appeals
                    9.2 (1) The Minister shall appoint a veterinarian to serve as the appeals
Appeals officer
                    officer.
                      (2) The appeals officer shall hear and determine appeals made under
Duties
                    subsection 9.3(1). 2001,c.4,s.9.2.
                    9.3 (1) An owner of a companion animal who is aggrieved by
When owner may
appeal                   (a) an order made under section 7 or 8; or
                         (b) a decision made under subsection 8(5), 9(1) or (2),
                    may appeal the order or decision to the appeals officer within seven days
                    after the service on the owner of the order or notice of the decision, as
                    the case may be.
                      (2) The appeal shall be
Appeal in writing
                        (a) made in writing and in a form approved by the appeals officer;
                        and



                                                         10
 
                       Companion Animal Protection Act           Cap. C-14.1                    11



    (b) filed with the appeals officer within the time period specified in
    subsection (1).
  (3) The appeals officer shall review the order or decision appealed          Review
from within five days of the receipt of the appeal.
  (4) The appeals officer, on reviewing an appeal, may confirm, vary or        Decision
rescind the order or decision appealed.
  (5) The appeals officer shall provide notice of his or her decision to       Notice
    (a) the owner;
    (b) the inspector or officer who made the order or decision that is the
    subject of the appeal; and
    (c) the Society, if it has possession of the companion animal.
    2001,c.4,s.9.3.

                                 PART III

                               LICENSES

                                  General
10. The Minister shall appoint an employee of the province to be the           Director of
                                                                               Licensing
Director of Licensing. 2001,c.4,s.10.
10.1 (1) Subject to subsection (2), no person shall operate a companion        Restriction on
                                                                               operation
animal establishment except under the authority of a valid license.
  (2) Where                                                                    Exception
    (a) the term of a person’s license expires on June 30 in a year in
    accordance with subsection 10.2(8); and
    (b) the person has not been issued a new license,
the person may, during the 30 days immediately following that date,
operate a companion animal establishment without a license.
2001,c.4,s.10.1.

                               Applications
10.2 (1) An application for the issuance of a license shall be made to the     Application
Director on a form approved by the Director and shall
    (a) contain the information required by the regulations; and
    (b) subject to subsection (2), be accompanied by such application
    and annual license fees and documentation as may be required by
    the regulations.




                                     11
 
12                     Cap. C-14.1            Companion Animal Protection Act



                         (2) A licensee who applies under subsection (1) for the issuance of a
Application fees not
                       new license within 30 days of the expiry of his or her last license is not
payable for
                       required to pay any application fees.
subsequent license

                         (3) The Director may, before issuing a license to an applicant, require
Inspection and
further information        (a) the applicant’s companion animal establishment to be inspected
                           by an inspector or officer to determine that it will be operated in
                           accordance with this Act and the regulations; and
                           (b) the applicant to submit such additional information as the
                           Director considers necessary.
                         (4) The Director shall issue a license to an applicant if the Director is
Issuance of license
                       satisfied that
                            (a) the application has been made in accordance with subsection (1)
                            and accurately reflects the companion animal establishment and its
                            proposed operation;
                            (b) the applicant has complied with any requirement for an
                            inspection or the submission of further information made under
                            subsection (3); and
                            (c) the companion animal establishment and its proposed operation,
                            as specified in the application, comply with the requirements of this
                            Act and the regulations.
                         (5) The Director may issue a license subject to such terms and
Terms and
conditions             conditions as the Director considers appropriate.
                         (6) A licensee shall comply with
Compliance by
licensee                   (a) the terms and conditions of his or her license, if any; and
                           (b) the requirements of this Act and the regulations.
                         (7) A licensee shall keep the license posted in the companion animal
Display of license
                       establishment to which it pertains in a clearly visible and prominent
                       place.
                         (8) A license is valid for a term commencing on the date it is issued
Term of license
                       and expiring on June 30 of that year, unless it is sooner suspended or
                       cancelled.
                         (9) A license held by a licensee for a companion animal establishment
Not transferable
                       is not transferable to another person or to another companion animal
                       establishment.
                         (10) The application and annual license fees collected under this
Payment to Minister
of Finance and         section shall be made payable to the Minister of Finance, Energy and
Municipal Affairs
                       Municipal Affairs. 2001,c.4,s.10.2; 2010,c.31,s.3; 2012,c.17,s.2.




                                                            12
 
                        Companion Animal Protection Act           Cap. C-14.1                      13



10.3 If the Director refuses to issue a license to an applicant, the Director
                                                                                Refusal to license
shall give the applicant a written notice of the refusal that
     (a) gives the reasons for the refusal; and
     (b) advises the applicant that the refusal may be appealed in
     accordance with section 12. 2001,c.4,s.10.3.

                        Suspension or Cancellation
                                                                                Suspension or
11. (1) The Director may suspend or cancel a license, by giving a               cancellation of
written notice to the licensee of the suspension or cancellation, where the     license
Director is satisfied
     (a) that the licensee has failed to comply with this Act or the
     regulations; or
     (b) that the licensee has been found guilty of an offence under the
     Criminal Code (Canada) relating to the treatment of animals.
  (2) The written notice given to the licensee under subsection (1) shall       Notice
    (a) give the reasons for the suspension or cancellation; and
    (b) advise the licensee that the suspension or cancellation may be
    appealed in accordance with section 12. 2001,c.4,s.11.

                                   Appeal
12. (1) A person who is aggrieved by the refusal of his or her                  Appeal
application for a license, or by the suspension or cancellation of his or
her license, may, within 30 days after the person is notified of the
refusal, suspension or cancellation, as the case may be, appeal the
refusal, suspension or cancellation to a judge of the Supreme Court.
  (2) On hearing an appeal made under subsection (1), the judge may             Decision
rehear the matter and hear new evidence on the matter and confirm, vary
or rescind the refusal, suspension or cancellation. 2001,c.4,s.12.

                                  PART IV

                                GENERAL

                               Fees and Costs
13. (1) The owner or former owner of a companion animal is liable to            Owner liable for
                                                                                fees and costs
pay to the Society, on demand, an amount equal to
     (a) the sum of
        (i) the prescribed fees respecting the care and maintenance of the
        companion animal, and




                                      13
 
14                     Cap. C-14.1            Companion Animal Protection Act



                              (ii) any costs incurred by the Society that is considered
                              appropriate to relieve the distress of the companion animal,
                       where the companion animal has been placed in the possession and
                       charge of the Society under subsections 4(4) or 9(3.1);
                           (b) the costs of the relief supplied to the companion animal by an
                           inspector or officer under subsection 6(8); and
                           (c) the costs associated with giving the companion animal euthanasia
                           under subsection 9(3) or 9.1(2).
                          (2) For greater certainty, the costs for which an owner or former owner
Included costs
                       is liable under subsection (1) include any costs incurred to seize,
                       transport, or provide medical attention to a companion animal.
                         (3) Any amount for which an owner or former owner of a companion
Recovery as debt
due to Society         animal is liable under this section is a debt due by that person to the
                       Society.
                         (4) The Society may at any time, and shall on the request of the owner
Statement of
account                or former owner of the companion animal, provide to the owner a
                       statement of account of the fees and costs for which the owner is liable
                       under this section.
                         (5) The Minister shall, in accordance with the regulations, reimburse
Reimbursement
                       the Society for any fees or costs outstanding under this section for more
                       than 24 months. 2001,c.4,s.13.

                                                        Liability
                       14. No action or other proceedings for damage shall be instituted against
Liability
                            (a) the Minister;
                            (b) an inspector, officer, veterinarian;
                            (c) the appeals officer or Director; or
                            (d) any person acting as the agent of any person referred to in
                            clauses (a), (b) or (c)
                       for anything done in good faith in the performance or intended
                       performance of any duty or in the exercise or in the intended exercise of
                       any power under this Act, or for the neglect or default in the performance
                       or exercise in good faith of any such duty or power. 2001,c.4,s.14.

                                                Offences and Penalties
                       15. Every person who fails to comply with this Act or the regulations is
Offences and
penalties              guilty of an offence and liable on summary conviction to a fine of not
                       less than $200 and not more than $5,000. 2001,c.4,s.15.
                       16. (1) In addition to imposing the penalties prescribed by section 15, a
Additional penalties
                       judge, on conviction, may


                                                            14
 
                       Companion Animal Protection Act           Cap. C-14.1                   15



    (a) make an order prohibiting the defendant from owning, having the
    custody or control of, or residing in the same place as a companion
    animal during any period that the court considers appropriate, but in
    the case of second or subsequent offence, for the lifetime of the
    defendant; or
    (b) make an order vesting in the Society
       (i) the ownership of all companion animals owned by the
       defendant, and
       (ii) the ownership of the companion animal in respect of which
       the prosecution has been commenced.
  (2) No person shall disobey an order made under subsection (1).              Non-compliance on
                                                                               offence
2001,c.4,s.16.
17. Where a summary offence ticket is issued for non-compliance with           Continuing offence
an order made under section 7 or 8, the owner or licensee, as the case
may be, is guilty of a separate offence for each day that the order is not
complied with. 2001,c.4,s.17.

                               Regulations
18. The Lieutenant Governor in Council may make regulations                    Regulations
    (a) designating activities as accepted activities and describing
    accepted activities;
    (b) prescribing which documents are to be considered codes or
    manuals for the purposes of this Act;
    (c) prescribing standards of care, maintenance and treatment in
    relation to companion animals and incorporating by reference codes
    of practise or manuals relating to those standards;
    (d) prohibiting specific practices carried out on or in relation to
    companion animals;
    (e) designating classes, types or categories of animals as companion
    animals, and excluding other classes, types or categories;
    (f) listing the types of premises, structures, or places considered to
    be companion animal establishments;
    (g) respecting the appointment or removal of officers, inspectors,
    and other persons required for administering and enforcing this Act;
    (h) respecting qualifications, identification, and codes of conduct for
    officers and inspectors;
    (i) prescribing the terms and conditions of reimbursement or
    remuneration for assistance in administering or enforcing this Act;
    (j) prescribing any procedures required for administering and
    enforcing this Act;
    (k) prescribing the form and content of any order issued under the
    authority of this Act;



                                     15
 
16   Cap. C-14.1            Companion Animal Protection Act



          (l) setting out circumstances for immediate life-threatening distress
          under which officers may issue an order to a companion animal
          establishment;
          (m) prescribing the form and procedure for appeals and reviews
          authorized by this Act;
          (n) respecting searches authorized by this Act;
          (o) respecting the use of force;
          (p) respecting the seizure and custody of a companion animal;
          (q) respecting the establishment of fees owed by an owner or former
          owner under any provisions of this Act or the regulations including
          the establishment of a scale of fees;
          (r) respecting billing an owner or other person for costs incurred in
          the enforcement of this Act;
          (s) prescribing the time frame for repossession of a companion
          animal;
          (t) respecting activities that engage companion animals for
          entertainment or exhibition;
          (u) respecting the establishment, operation and maintenance of
          companion animal establishments, and prescribing standards for
          companion animal establishments including standards of care for
          companion animals in the licensee’s possession and charge;
          (v) concerning the inspection of companion animal establishments;
          (w) respecting the terms and conditions of a license including
          application fees, license fees, and renewal of a license;
          (x) respecting the form and content of a license;
          (y) prescribing procedures for the suspension or cancellation of
          licenses;
          (z) respecting exemptions from licensing provisions;
          (aa) prescribing persons to whom application and license fees may
          be made payable;
          (bb) respecting reimbursement to the Society for outstanding fees
          and costs;
          (cc) defining any word or expression used in this Act, but not
          defined in this Act, for the purposes of this Act;
          (dd) generally for the administration and enforcement of this Act.
          2001,c.4,s.18.




                                          16
Share |