Kids Abusing Animals - How to Handle Disclosure Children who abuse animals, or who witness animal cruelty in their homes, are more likely to be involved in bullying, vandalism and more serious crimes. Children who disclose animal abuse need – and can benefit from – appropriate intervention. This session will explore what to do when children disclose animal cruelty and how to use Report Animal Abuse and Neglect To report animal abuse or neglect: in Edmonton, call the Edmonton Humane Society at 491-3502 or 491-3517 in Calgary, call the Calgary Humane Society at 205-4455 in Fort McMurray, call the Fort McMurray SPCA at 743-8997 Anywhere else in Alberta, call the Alberta SPCA Animal Protection Department at 1-800-455-9003. Animal Protection Act Alberta's Animal Protection Act provides mechanisms to help mistreated animals and to hold negligent owners accountable for their actions. It is the primary piece of legislation used to protect animals in Alberta. Recent amendments to the Act now offer even more protection for Alberta’s animals. Royal Proclamation of the amendments on January 3 2006 marked the culmination of a process that began 18 months prior, when the Alberta SPCA was invited by the provincial government to be a major contributor to the discussions. Key aspects of the newly-amended Act include: an expanded definition of distress, detailed list of duties that must be performed by animal care providers, enhanced powers of Animal Protection Officers, prohibition against abandoning animals, and increased protection for those who report suspected animal abuse and neglect. There are also provisions in the associated regulations that incorporate standards for animals used in research and higher education. These amendments will help us protect animals and enhance our ability to charge those who commit offenses against animals. The major changes are summarized here. These are general descriptions of the changes to the Act; for the exact wording of the legislation, please see the links below. Expanded definition of distress The revised Act states that an animal is in distress if it is (a) deprived of adequate shelter, ventilation, space, food, water or veterinary care or reasonable protection from injurious heat or cold , (b) injured, sick, in pain or suffering, or (c) abused and subjected to undue hardship, privation or neglect. (The new additions are shown in bold print .) The provisions for ventilation and space mean that animals kept in holding facilities are entitled to fresh air and sufficient room to carry out normal activities. The inclusion of the word “veterinary” is to clarify the type of care, and to ensure that animals receive proper medical attention when needed. The requirement for reasonable protection from injurious heat or cold will make it an offense to fail to protect animals from extreme temperatures. The type of protection will vary according to species, and sometimes by breeds within a single species. However, all species will require some form of protection from the elements. Dogs left outdoors, for example, will need a degree of protection dependent on their breed hardiness. Some livestock species such as pigs will require enclosed structures, while windbreaks are acceptable for cattle and horses. Back to top Prohibition against causing distress Where the previous Act stated “no person shall cause or permit an animal of which he is the owner or the person ordinarily in charge to be or to continue to be in distress”, the new Act simply states “no person shall cause an animal to be in distress.” This means that it is now an offense for anyone, whether the animal caretaker or not, to cause harm to an animal. The new Act provides expanded authority for Alberta SPCA’s Animal Protection Officers. Previously, the Act only applied to those who owned or cared for the animals involved. If anyone else caused harm to an animal, the Act was not applicable and any charges would need to be laid under the Criminal Code of Canada. Now, our Officers can charge anyone who causes an animal to be in distress, not just the owner or caretaker. Like the previous Act, the new law exempts reasonable and generally accepted practices of animal use. Back to top Animal care duties The revised Act delineates the duties that must be carried out by anyone who owns or looks after an animal - i.e., they must: (a) ensure that the animal has adequate food and water, (b) provide the animal with adequate care when the animal is wounded or ill, (c) provide the animal with reasonable protection from injurious heat or cold, and (d) provide the animal with adequate shelter, ventilation and space. This section is entirely new, and corresponds to the expanded definition of distress. By placing the duties in more positive terms, it more clearly defines the responsibilities of an animal owner and presents them in clear, understandable terms. Rather than having to prove an animal is in distress, failure to perform these duties is now enough to be considered an offense. For instance, it’s much easier to see that an animal is not being given water to drink than to show that it is in distress from dehydration; consequently our investigations will be more straightforward. Back to top Powers of Peace Officers Previously, an Officer could take custody of an animal only if it was in severe distress. This presented problems in those cases where it was clear that the owner was unable or unwilling to provide ongoing care once our Officers had left the premises. With the new Act, the animal can be taken into custody or otherwise relieved of distress if the Officer is of the opinion – on reasonable and probable grounds – that the owner or caretaker is not likely to provide for the animal. An example of how this will help animals is a dog left outside with no doghouse or other protection from extreme weather. Under the former provisions, our Officers could leave a written warning with the owner but would have to prove the dog was in distress before taking custody. With the amended Act, if the weather forecast calls for -30°C the next day, we could remove the dog and take it to a shelter before it is subjected to the bitter cold. These expanded powers will be of great assistance to our Officers when dealing with subjects with extensive histories of irresponsible animal ownership. We can now take a more proactive approach to ensure animals do not become in distress. Back to top Abandoned animals Another important feature of the Act is a new section which allows an Officer to take an abandoned animal into custody – whether or not it is in distress. The conditions that comprise abandonment include being left more than 24 hours without adequate food, water or shelter, or being left behind by former tenants of a rental property. This is another way the revised act allows animals to be protected before they suffer. Back to top Other features A new section allows those who report suspected animal distress to be free from prosecution. It disallows any action from being taken unless the report was made maliciously or without probable grounds for the belief. The Regulations associated with the Act now incorporate parts of other provincial statutes that deal with animal welfare. This includes parts of the Livestock Transportation Regulations, the Livestock Market and Assembly Regulations, and the Motor Vehicle Act. In addition, the Regulations now include the standards set by the Canadian Council for Animal Care which oversees the treatment of animals used in research and postsecondary education facilities. By including them within the Regulations of the Animal Protection Act, it is now the law in Alberta that these guidelines must be followed. The Regulations may be amended in the future to include such items as specified penalties for minor infractions. Back to top Overall, the updated Act includes many important features that will ultimately help animals in Alberta. When the Animal Protection Act was first enacted in 1967, it was widely viewed as the most comprehensive legislation on behalf of animals in Canada. With these new amendments, and with the ongoing dialogue facilitated by the Alberta Livestock Protection System, Alberta remains at the forefront of animal protection. The complete text of the current Act and Regulations are avaiable through the Alberta Queen's Printer at the following links: ANIMAL PROTECTION ACT Chapter A-41 Table of Contents 1 Interpretation 2 Prohibition against causing distress 2.1 Animal care duties 3 Powers of peace officer 4 Authority to enter premises 4.1 Abandoned animal 5 Duty to provide care 6 Duty to locate owner 7 Sale or gift of animal 8 Destruction of animal 9 Approval of humane society 10 Inspection re standards 11 Prohibition against obstruction 12 Offence 13 Order of custody 14 Protection from action 15 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Interpretation 1(1) In this Act, (a) “animal” does not include a human being; (b) “business day” means a day on which (i) if an animal is delivered to a humane society under section 3(2)(a), the humane society, or (ii) if an animal is delivered to a caretaker under section 3(2)(b), the office of the peace officer who delivered the animal is open for business; (c) “caretaker” means an individual who has an appropriate facility in which to keep an animal and agrees to care for the animal in accordance with this Act; (d) “Court”, except in section 13, means the Provincial Court; (e) “humane society” means an organization that is approved as a humane society under section 9; (f) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (g) “peace officer” means (i) a member of the Royal Canadian Mounted Police, (ii) a member of a municipal police service, or (iii) a special constable appointed under the Police Act for the purposes of this Act; (h) “registered veterinarian” means a registered veterinarian as defined in the Veterinary Profession Act. (2) For the purposes of this Act, an animal is in distress if it is (a) deprived of adequate shelter, ventilation, space, food, water or veterinary care or reasonable protection from injurious heat or cold, (b) injured, sick, in pain or suffering, or (c) abused or subjected to undue hardship, privation or neglect. RSA 2000 cA-41 s1;2005 c22 s2 Prohibition against causing distress 2(1) No person shall cause or permit an animal of which the person is the owner or the person in charge to be or to continue to be in distress. (1.1) No person shall cause an animal to be in distress. (2) This section does not apply if the distress results from an activity carried on in accordance with the regulations or in accordance with reasonable and generally accepted practices of animal care, management, husbandry, hunting, fishing, trapping, pest control or slaughter. RSA 2000 cA-41 s2;2005 c22 s3 Animal care duties 2.1 A person who owns or is in charge of an animal (a) must ensure that the animal has adequate food and water, (b) must provide the animal with adequate care when the animal is wounded or ill, (c) must provide the animal with reasonable protection from injurious heat or cold, and (d) must provide the animal with adequate shelter, ventilation and space. 2005 c22 s4 Powers of peace officer 3(1) If an animal is in distress and (a) the owner or person in charge of the animal does not forthwith take steps that will relieve its distress, (a.1) a peace officer is of the opinion, on reasonable and probable grounds, that the owner or person in charge of the animal is not likely to ensure that the animal’s distress is relieved or to ensure that the animal’s distress will continue to be relieved, or (b) the owner or person in charge of the animal cannot be found immediately and informed of the animal’s distress, a peace officer may, in accordance with section 4, take any action the peace officer considers necessary to locate the animal and relieve its distress, including taking custody of the animal in accordance with the regulations and arranging for transportation, food, water, care, shelter and veterinary treatment for the animal, if necessary. (2) A peace officer who takes custody of an animal pursuant to subsection (1) shall deliver the animal (a) to a humane society, or (b) to a caretaker, if there is no humane society close to the location where the animal is found or if the humane society does not have an appropriate facility in which to keep the animal. (3) If an animal is found to be in such distress that, in the opinion of (a) a registered veterinarian, or (b) if a registered veterinarian is not readily available, a peace officer, the animal cannot be relieved of its distress and live without undue suffering, the peace officer may destroy the animal or cause the animal to be destroyed and the owner of the animal is liable for the costs of destroying it. RSA 2000 cA-41 s3;2005 c22 s5 Authority to enter premises 4(1) A peace officer who on reasonable and probable grounds believes (a) that there is an animal that is in distress on any land or in any vehicle or place other than a private dwelling house, and (b) that obtaining a warrant is not practical in the circumstances may enter the land, vehicle or place for the purpose of determining whether the animal is in distress and, if necessary, carrying out the peace officer’s duties under section 3. (2) A peace officer who on reasonable and probable grounds believes that there is an animal that is in distress in a private dwelling house shall obtain a warrant to enter the private dwelling house for the purpose of carrying out the peace officer’s duties under section 3. (3) A peace officer acting under the authority of this section shall, on request, produce the peace officer’s certificate of appointment to the owner or occupant of any land, vehicle or place entered pursuant to this section. (4) A peace officer shall use no more force than is reasonably required to enter or search any land, vehicle or place. 1988 cA-42.1 s4 Abandoned animal 4.1(1) In this section, “abandoned animal” includes an animal that (a) is left for more than 24 hours without adequate food or water or shelter, (b) is left for 5 days or more after the expected retrieval time from a registered veterinarian or from a person who for money consideration or its equivalent stables, boards or cares for the animal, or (c) is found on premises with respect to which the tenancy agreement has been terminated. (2) A peace officer may take an abandoned animal into custody whether or not it is in distress. (3) A peace officer who takes an animal into custody pursuant to subsection (2) shall deliver the animal to a humane society or caretaker. 2005 c22 s6 Duty to provide care 5(1) A peace officer who takes custody of an animal pursuant to section 3(1) or 4.1(2) shall take reasonable steps to ensure that the animal is provided with transportation, food, water, care, shelter and veterinary treatment, if necessary. (2) Repealed 2005 c22 s7. (3) A humane society to which or a caretaker to whom an animal is delivered under section 3(2) or 4.1(3) may, in accordance with the tariff provided for in the regulations, recover any expenses incurred in respect of the animal from the owner of the animal and may require the owner to pay those expenses before the animal is returned to the owner. (4) A humane society or a caretaker may recover unpaid expenses incurred in respect of an animal in an action in debt against the owner of the animal. RSA 2000 cA-41 s5;2005 c22 s7 Duty to locate owner 6 If an animal is delivered (a) to a humane society under section 3(2)(a) or 4.1(3), the humane society, or (b) to a caretaker under section 3(2)(b) or 4.1(3), the peace officer who delivered the animal shall take reasonable steps to locate the owner of the animal, including a search of the brand record under the Brand Act, and shall notify the owner of the actions taken in respect of the animal. RSA 2000 cA-41 s6;2005 c22 s8 Sale or gift of animal 7(1) If the owner of an animal that has been delivered to a humane society or caretaker under section 3(2) or 4.1(3) (a) is not located and notified within 3 business days after the date on which the animal was delivered, or (b) is located and notified but does not, within 3 business days after the date on which the animal was delivered, pay the expenses incurred in respect of the animal pursuant to section 3(1) or 4.1 and section 5 or enter into an agreement for the payment of the expenses that is satisfactory to the humane society or the peace officer who delivered the animal, as the case may be, the animal may be sold or given to any person by the humane society, if the animal was delivered to a humane society, or the peace officer who delivered the animal, if the animal was delivered to a caretaker, and the animal becomes the property of the person to whom it is sold or given. (2) Notwithstanding subsection (1), if in the opinion of the humane society or a peace officer the animal appears to be a purebred animal or if it bears an obvious identification device, tattoo, brand, mark, tag or licence, the applicable time limit under subsection (1) is 10 days after the date on which the animal was delivered. (3) The proceeds of a sale of an animal pursuant to subsection (1) shall be disbursed in the following order of priority, on proof of the expenses having been incurred: (a) to pay the expenses of selling the animal; (b) to pay the expenses incurred in respect of the animal under section 3(1) or 4.1 and section 5. (4) The balance of the sale proceeds remaining after the payment of the expenses referred to in subsection (3) shall be (a) paid to the former owner of the animal, if the former owner has been located at the date of distribution of the sale proceeds, or (b) held by the Minister for a period of one year after the date of the sale, if the former owner has not been located. (5) The Minister may pay the balance remaining (a) to a person who claims within the period set out in subsection (4)(b) and establishes to the satisfaction of the Minister that the person was the owner of the animal prior to the sale, or (b) if no claim is made under clause (a), into the General Revenue Fund on the expiration of the period set out in subsection (4)(b). RSA 2000 cA-41 s7;2005 c22 s9 Destruction of animal 8 A humane society, in respect of an animal that has been delivered to it, or a peace officer, in respect of an animal that has been delivered to a caretaker, may destroy the animal or cause the animal to be destroyed if it has not been claimed by its owner and in the opinion of the humane society or peace officer, as the case may be, the animal is not suitable to be sold or given away in accordance with section 7. 1988 cA-42.1 s8 Approval of humane society 9 Subject to the regulations, the Minister may approve as a humane society an organization that (a) has as one of its principal objects the prevention of cruelty to animals, and (b) meets the requirements of the Minister and may suspend or revoke the approval. 1988 cA-42.1 s9 Inspection re standards 10(1) A peace officer may without a warrant during ordinary business hours enter (a) any premises, other than a private dwelling house, where animals are kept for sale, hire or exhibition, or (b) any vehicle used to transport animals to inspect the animals or any vehicle in which animals are transported for the purpose of administering this Act, the regulations under this Act and any regulations prescribing standards for vehicles used to transport animals. (1.1) In order to conduct an inspection under subsection (1), a peace officer may signal or otherwise order a person operating a vehicle to stop forthwith or to move the vehicle to a particular place and then stop it, and that person shall forthwith comply with that signal or order and shall not proceed until the peace officer has had a reasonable amount of time to inspect the vehicle and the animals in or on the vehicle. (2) A peace officer acting under the authority of this section shall, on request, produce the peace officer’s certificate of appointment to the owner or occupant of any premises or vehicle entered pursuant to subsection (1). RSA 2000 cA-41 s10;2005 c22 s10 Prohibition against obstruction 11 No person shall in any manner hinder or obstruct a peace officer in the performance of the peace officer’s duties under this Act or the regulations. 1988 cA-42.1 s11 Offence 12(1) A person who contravenes this Act or the regulations is guilty of an offence and liable to a fine of not more than $20 000. (2) If the owner of an animal is found guilty of an offence under section 2, the Court may make an order restraining the owner from continuing to have custody of an animal for a period of time specified by the Court. (3) The Court may make an order under subsection (2) on any terms and conditions it considers appropriate. RSA 2000 cA-41 s12;2001 c10 s2 Order of custody 13(1) A peace officer may apply by originating notice to the Court of Queen’s Bench for an order granting to the peace officer custody of an animal in respect of which a charge has been laid under section 12. (2) An applicant under subsection (1) may retain custody of an animal in respect of which the application is made pending the outcome of any proceedings under section 12, notwithstanding that the owner of the animal (a) pays the expenses incurred in respect of the animal under sections 3(1) and 5, and (b) requests the peace officer, or any humane society or caretaker to whom the peace officer has delivered the animal, to return the animal to the owner. (3) The Court may make an order under this section on any terms and conditions it considers appropriate. 1988 cA-42.1 s13 Protection from action 14(1) No action lies against a peace officer, registered veterinarian, caretaker, humane society or an officer or employee of a humane society for anything done in good faith under this Act or the regulations. (2) If a person, on reasonable and probable grounds, believes an animal is in distress and reports the distress to a peace officer, no action lies against that person for reporting unless that person reports maliciously or without reasonable or probable grounds for the belief. RSA 2000 cA-41 s14;2005 c22 s11 Regulations 15(1) The Minister may make regulations (a) respecting how animals may be taken into custody; (b) respecting the care of animals; (c) respecting the approval of organizations as humane societies and the suspension and revocation of approvals; (d) respecting a tariff of expenses that may be charged by a humane society or a caretaker for the care provided to an animal that has been taken into custody under this Act; (e) respecting any matter the Minister considers necessary to administer this Act. (2) A regulation under subsection (1)(a) or (b) may adopt or incorporate, in whole or in part or with modifications, published documents that set out standards, codes, guidelines or other rules relating to any matter in respect of which a regulation may be made under subsection (1)(a) or (b). (3) If a standard, code, guideline or other rule is adopted or incorporated by regulation under this section, the Minister shall ensure that a copy of the standard, code, guideline or other rule is made available to a person on request. ALBERTA REGULATION 203/2005 Animal Protection Act ANIMAL PROTECTION REGULATION Table of Contents 1 Definitions 2 Standards Humane Societies 3 Application 4 Approval 5 Suspension and revocation Livestock Market and Assembling Stations 6 Maintenance requirements 7 Sale of young livestock 8 Unloading livestock 9 Care and handling of livestock Transportation of Animals 10 Animals unfit for transport 11 Crowding prohibited 12 Livestock loading 13 Vehicle 14 Unsuitable vehicle 15 Duty to keep livestock segregated 16 Rest stops Custody 17 Notice of custody Expenses 18 Tariff Repeals, Expiry and Coming into Force 19 Repeal 20 Expiry 21 Coming into force Schedule Definitions 1 In this Regulation, (a) “Act” means the Animal Protection Act; (b) “Director” means an employee under the administration of the Minister designated as the Director for the purposes of this Regulation; (c) “livestock” means horses, cattle, sheep, swine, goats, poultry and bees and means fur-bearing animals, alpacas, lamas, ratites, elk, deer and bison raised in captivity; (d) “livestock assembling station” means any area of land, including buildings, pens, fences, gates, chutes, weigh scales and any other equipment located on the land that is operated to assemble livestock for shipment by any form of transportation; (e) “livestock market” means a stock yard that is operated as a public market for the purchase or sale of livestock; (f) “operator” means the operator of a livestock market or a livestock assembling station; (g) “stock yard” means a stock yard as defined in the Stock Yard Regulation (AR 197/98). Standards 2(1) A person who owns or has custody, care or control of an animal for research activities must comply with the following Canadian Council on Animal Care documents: (a) CCAC Guide to the Care and Use of Experimental Animals, Vol. 1, 2nd ed. (1993); (b) CCAC Guide to the Care and Use of Experimental Animals, Vol. 2 (1984); (c) CCAC guidelines on: animal use protocol review (1997); (d) CCAC guidelines on: transgenic animals (1997); (e) CCAC guidelines on: choosing an appropriate endpoint in experiments using animals for research, teaching and testing (1998); (f) CCAC guidelines on: institutional animal user training program (1999); (g) CCAC guidelines on: antibody production (2002); (h) CCAC guidelines on: the care and use of wildlife (2003); (i) CCAC guidelines on: laboratory animal facilities-characteristics, design and development (2003); (j) CCAC guidelines on: the care and use of fish in research, teaching and testing (2005); (k) CCAC policy statement on: terms of reference for animal care committees (2000); (l) CCAC policy statement on: ethics of animal investigation (1989); (m) CCAC policy statement on: social and behavioural requirements of experimental animals (SEBREA) (1990); (n) CCAC policy statement on: acceptable immunological procedures (1991); (o) CCAC policy statement on: categories of invasiveness in animal experiments (1991); (p) CCAC policy statement on: definitions of recommendations made in CCAC reports (1996); (q) CCAC policy statement on: confidentiality of assessment information (1999); (r) CCAC policy statement on: CCAC assessment panel policy (1999); (s) CCAC policy statement on: compliance and non-compliance (2000); (t) CCAC policy statement on: the Assessment Program of the CCAC (2000); (u) CCAC policy statement on: the importance of independent peer review of the scientific merit of animal-based research projects (2000); (v) CCAC policy statement on: animal-based projects involving two or more institutions (2003). (2) In this section, “research activities” includes the use of animals in (a) scientific investigation, (b) scientific teaching or training other than as part of a school or in a school building, as defined in the School Act, and (c) testing of products, including medical devices and biological, chemical and pharmacological products. (3) A person who owns or controls a zoo for which a zoo permit is issued under the Wildlife Act must comply with the Government of Alberta Standards for Zoos in Alberta, prepared by the Alberta Zoo Standards Committee of Alberta Sustainable Resource Development and Alberta Agriculture, Food and Rural Development, published September 30, 2005. Humane Societies Application 3(1) An organization incorporated under the laws of Alberta may apply in writing to the Minister for approval as a humane society for the purposes of the Act. (2) An application under this section must contain the following information: (a) evidence that the applicant has been incorporated under the laws of Alberta, including a copy of its constitutional documents; (b) the names of the applicant’s directors and officers; (c) the addresses of the applicant’s principal headquarters and its registered office in Alberta; (d) the general geographical area within which the applicant carries on activities; (e) a copy of the applicant’s most recent financial statements; (f) the applicant’s sources of revenue; (g) information relating to any organization affiliated with or sponsored by the applicant; (h) a description of the facilities, if any, in which the applicant may keep animals; (i) further information as required by the Minister. Approval 4(1) If the Minister is satisfied as to the suitability of an applicant under section 3, the Minister may approve it as a humane society. (2) Within 120 days after the end of its fiscal year, a humane society must file with the Minister an annual return containing the following information: (a) a summary of its activities during the previous fiscal year; (b) a copy of its financial statements for the previous fiscal year; (c) changes to the information provided under section 3 or in a previous annual return; (d) any other information as required by the Minister. Suspension and revocation 5(1) The Minister may suspend or revoke an approval under section 4(1) if the humane society (a) fails to file an annual return in accordance with section 4(2), (b) is no longer incorporated under the laws of Alberta, or (c) fails to comply with a provision of the Act. (2) If the Minister suspends or revokes the approval of an organization as a humane society, the Minister must provide the organization with at least 10 days’ written notice of the suspension or revocation setting out the reasons for the suspension or revocation. (3) If the organization, within the time referred to in subsection (2), desires that the Minister review the suspension or revocation, the Minister must give the applicant an opportunity to give reasons why the suspension or revocation should not be effected. (4) Until the Minister makes a decision after a review under subsection (3), the decision of the Minister under subsection (2) is stayed. Livestock Market and Assembling Stations Maintenance requirements 6 The operator of a livestock market must ensure that it is maintained so that (a) adequate protection is provided to all calves weighing less than 115 kilograms and all swine that are present at the facility, (b) livestock that, by reason of infirmity, illness, injury, fatigue or other cause, is unable to stand or unable to compete with other livestock for space, feed or water is kept separated from other livestock, (c) sows, boars or stags that weigh more than 150 kilograms are kept separate from market hogs, (d) boars or stags with tusks are kept in individual pens, (e) boars or stags that weigh less than 150 kilograms are kept separate from sows, and (f) adequate shelter from the weather is provided that is appropriate for the species of livestock. Sale of young livestock 7(1) The following may not be present at a livestock market: (a) a weaned foal that is less than 30 days old; (b) a weaned pig that weighs less than 10 kilograms; (c) any other species of weaned livestock that is less than 8 days old. (2) If any animal described in subsection (1) is present at a livestock market, the operator (a) must keep it separate from other livestock, and (b) must as soon as possible notify the person who delivered the animal to remove it forthwith. (3) A person who receives notice under subsection (2)(b) must immediately make arrangements to remove the animal forthwith from the livestock market. Unloading livestock 8 No person shall unload any livestock at a livestock market or livestock assembling station that, by reason of infirmity, illness, injury, fatigue or other cause, is unable to stand or is unduly suffering. Care and handling of livestock 9(1) An operator of a livestock market or livestock assembling station shall not allow livestock to remain at the market or station for a period exceeding 144 hours unless so directed by a peace officer. (2) If livestock remains at a livestock market or livestock assembling station for a period of 48 hours, the operator must after that time provide sufficient space, shelter, feed, water and bedding for that livestock for as long as it remains at the marker or station. (3) If any livestock at a livestock market or a livestock assembling station becomes unable, by reason of infirmity, illness, injury, fatigue or other cause, to stand or to compete with other livestock for space, feed or water, the operator (a) must keep that livestock separate from other livestock, and (b) must as soon as possible notify the person who delivered the livestock to the market or station of the condition of the livestock. (4) A person who receives notice under subsection (3)(b) must immediately make arrangements that are satisfactory to the operator to remove the livestock that is the subject of the notice from the livestock market or the livestock assembling station. Transportation of Animals Animals unfit for transport 10(1) No person shall load or transport animals that, by reason of infirmity, illness, injury, fatigue or any other cause, would suffer unduly during transport. (2) Despite subsection (1), a person may transport animals to or from a veterinary clinic, a designated confinement area within the meaning of the Livestock Transportation Regulation (AR 22/99) or the nearest suitable place to deal with health concerns as long as the animal is loaded and transported humanely. (3) No person shall continue to transport an animal that becomes injured, ill or otherwise unfit for transport during a journey beyond the nearest suitable place where it can receive proper care and attention. Crowding prohibited 11 No person shall load or transport animals in a vehicle in a manner that is likely to cause injury or undue suffering to the animals due to crowding. Livestock loading 12(1) No person shall load or unload livestock in a manner that is likely to cause injury or undue suffering to it. (2) No person shall load or transport livestock that is likely to give birth during transport unless the livestock is being transported for health reasons. (3) No person shall beat or, by use of a prod, goad or other instrument, cause injury to livestock being loaded into or unloaded from a vehicle. (4) No person shall load into or transport livestock in a vehicle where there is not sufficient space for all the livestock to stand in their natural position at the same time without coming into contact with a deck or roof. (5) A pen into which livestock is unloaded during transport for rest, feed and water must (a) provide sufficient space for all the livestock to lie down at the same time, (b) provide for adequate feeding and watering of the livestock, (c) have an adequate amount of straw or other suitable material to bed the livestock, and (d) provide protection from extremes of heat or cold and other adverse weather conditions. Vehicle 13(1) A person who loads or transports animals must ensure that the vehicle used to transport the animals meets the following requirements: (a) exhaust fumes are not able to enter the box and cause distress to the animals; (b) the box front is of sufficient height to protect the animals from direct exposure to any adverse condition; (c) the deck surface is suitable non-slip flooring or is covered with straw, dry sand or other suitable material that is uniformly spread. (2) A person who loads or transports animals must ensure that the vehicle is (a) adequately cleaned prior to the loading of the animals, and (b) maintained in a clean state. Unsuitable vehicle 14(1) No person shall load or transport an animal in a vehicle that has (a) a box or stock rack of a strength and height that is insufficient to adequately protect and contain the animal at all times, (b) fittings that are not secure or are inadequately padded, fenced off or obstructed, (c) bolt-heads or other objects projecting into the area where the animals are held, (d) any broken, cracked or damaged siding or flooring material, (e) inadequate ventilation, (f) unsafe footholds or footholds that are not secure, or (g) any other equipment in such a condition that it is likely to cause injury or undue suffering to the animals. (2) No person shall load or transport an animal in a vehicle in a manner that could cause undue exposure of the animal to extreme injurious heat or cold. Duty to keep livestock segregated 15 A person transporting livestock must segregate the livestock during transport as follows: (a) livestock of the same species that are incompatible by nature and livestock of different species are segregated from one another; (b) groups of mature bulls, de-tusked boars, rams and goat bucks are segregated from all other livestock; (c) cows, sows and mares with suckling offspring are segregated from all other livestock; (d) a mature boar that is not de-tusked is segregated from all other livestock; (e) a mature stallion is segregated from all other livestock, including other mature stallions; (f) livestock of the same species but of substantially different weight or age are segregated from one another. Rest stops 16(1) If livestock that are horses, swine or other monogastric animals are transported for more than 36 hours, the person transporting them must, at intervals not exceeding 36 hours, unload them for rest, feed and water for at least 5 hours at a location that has all the facilities necessary for loading, unloading, resting, feeding and watering them and for inspecting them under the Livestock and Livestock Products Act. (2) If livestock that are cattle, sheep, goats or other ruminants are transported for more than 48 hours, the person transporting them must, at intervals not exceeding 48 hours, unload them for rest, feed and water for at least 5 hours at a location that has all the facilities necessary for loading, unloading, resting, feeding and watering them and for inspecting them under the Livestock and Livestock Products Act. Custody Notice of custody 17(1) If a peace officer takes custody of an animal under section 3 of the Act, the peace officer must give to the owner or person in charge of the animal a notice in the form set out in the Schedule. (2) If the owner or person in charge of the animal cannot be found or a peace officer takes custody of an animal under section 4.1 of the Act, the peace officer must post the notice in a prominent place where the animal was found. Expenses Tariff 18(1) The following is a tariff of expenses that may be charged pursuant to section 5 of the Act in respect of animals that have been taken into custody under the Act: (a) for the reasonably necessary transportation of livestock from the point of departure of the transporting vehicle to the point of delivery and return to the point of departure, (i) $500 for a trip of 50 kilometres or less, and (ii) $3.50 for each kilometre for a trip of more than 50 kilometres; (b) for the reasonably necessary transportation of animals other than livestock, (i) a maximum of $30 per trip for 50 kilometres or less, or (ii) $1 for each kilometre for a trip of more than 50 kilometres; (c) for food, water, care and shelter for an animal, (i) a maximum of $15 per day for an animal weighing 20 kg or less, (ii) a maximum of $30 per day for an animal weighing more than 20 kg but less than 200 kg, and (iii) a maximum of $50 per day for an animal weighing 200 kg or more; (d) for necessary veterinary treatment of an animal, including drugs and medicines, the actual cost of the treatment; (e) the costs of destroying an animal under section 8 of the Act. (2) If in the opinion of the Director special circumstances exist, the Director may (a) approve a higher tariff of expenses than the tariff under subsection (1) if the higher tariff is related to the actual cost of the transportation, food, water, care and shelter of animals, and (b) approve the actual cost of necessary expenses, approved by the Director, other than those expenses referred to in clause (a). Repeals, Expiry and Coming into Force Repeal 19(1) The Animal Protection Regulation (AR 298/96) is repealed. (2) The Tariff of Expenses Regulation (AR 307/96) is repealed. Expiry 20 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on July 30, 2014. Coming into force 21 This Regulation comes into force on the coming into force of section 12 of the Animal Protection Amendment Act, 2005. Schedule Form Notice of Seizure of Animal Take notice that on (date) under the Animal Protection Act the following animal(s) was (were) taken into custody: (describe animal(s)) by (insert name of peace officer, the name of the service that employs the peace officer and the service’s address and telephone number) and pursuant to □ section 3 of the Act, or □ section 4.1 of the Act the animal(s) was (were) delivered to □ a humane society, or □ a caretaker. If the animal is not claimed or the payment of expenses is not made, the animal may be sold, given away or, in accordance with section 8 of the Animal Protection Act, destroyed. (signature of peace officer) Criminal Code of Canada Two parts of the current Criminal Code deal with cruelty to animals. Section 264.1 makes it an offence to threaten animals. Sections 444 to 447 address cruelty directly, and are contained in the part of the Code dealing with "Wilful and Forbidden Acts in Respect of Certain Property." Most convictions for cruelty are under section 446. 446 (1) Every one commits an offence who (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or bird; (b) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; (c) being the owner or the person having custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it; (d) in any manner encourages, aids or assists at the fighting or baiting of animals or birds; (e) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or bird wild by nature that is kept in captivity or, being the owner of such an animal or bird, wilfully permits a poisonous or injurious drug or substance to be administered to it; (f) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display, or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or (g) being the owner, occupier, or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (f). (2) Every one who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction. (5) Where an accused is convicted of an offence under subsection (1), the court may, in addition to any other sentence that may be imposed for the offence, make an order prohibiting the accused from owning or having the custody or control of an animal or bird during a period not exceeding two years. For a summary conviction offence under this section of the Criminal Code of Canada, the maximum penalty that a judge can impose is a $2000 fine and/or 6 months in jail. Uttering Threats 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat... (c) to kill, poison or injure an animal or bird that is the property of any person. Punishment (3) Every one who commits an offence under paragraph (1)(b) or (c) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. Cruelty Connection There are definite links between animal cruelty and human violence. Some key findings include: Violent offenders often have histories of serious and repeated animal cruelty in their childhood and adolescence. Cruelty to animals is widely recognized as a warning sign that a child may need help to prevent further violence. Family pets are often targets in domestic violence, and threats of violence toward a pet are often used as a means of control by an abusive spouse. Many victims of domestic violence remain in an abusive situation out of concern for the safety of their pets or livestock. Deliberate cruelty to animals is a form of violence. Besides being harmful to a living creature capable of suffering and feeling pain, intentional animal cruelty can be one of the earliest and most dramatic indicators that an indivicual is developing a pattern of seeking power and control by inflicting suffering on others.
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