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3rd Session, 41st Legislature

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Bill 227

THE ANIMAL CARE AMENDMENT ACT (DOG BREEDING AND EXOTIC ANIMALS)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. A84 amended

1           The Animal Care Act is amended by this Act.

2           The following is added after section 24:

PART 4.1

DOG BREEDING AND EXOTIC ANIMALS

Limit on dogs capable of reproduction

24.1(1)     Despite any other provision of this Act, a person must not be in possession of more than four female dogs capable of reproduction at any premises, unless the premises are being operated as a pound, animal shelter, animal rescue facility or veterinary facility.

When female dog deemed capable of reproduction

24.1(2)     A female dog is deemed to be capable of reproduction unless the person in possession of the dog satisfies the director or an animal protection officer that the dog is spayed or less than six months old.

Exotic animals prohibited

24.2(1)     A person must not own or possess an animal of a type or species listed in the Schedule.

Exception

24.2(2)     Subsection (1) does not apply to

(a) the Assiniboine Park Conservancy Inc.;

(b) The Manitoba Museum;

(c) a person operating a pound or animal shelter on behalf of the government or a municipality;

(d) a humane society or society for the prevention of cruelty to animals that is recognized by the director;

(e) a person holding a valid permit under The Wildlife Act that allows them to possess the animal; or

(f) any other person exempted from the application of subsection (1) under the regulations.

3           The following is added after clause 39(h):

(h.1) exempting a person from the application of subsection 24.2(1);

4           The Schedule to this Act is added as a Schedule to The Animal Care Act.

Transitional

5           Subsection 24.2(1) of The Animal Care Act, as enacted by section 2 of this Act, does not apply to an animal that was in the possession of any person in Manitoba on or before the day this Act comes into force.

Coming into force

6           This Act comes into force 90 days after the day it receives royal assent.

SCHEDULE
(Subsection 24.2(1))

1.   All dogs other than domesticated dogs (Canis familiaris).

2.   All cats other than domesticated cats (Felis catus).

3.   All bears (Ursidae) including polar, grizzly, brown and black bears.

4.   All fur bearing animals of the family Mustelidae including weasels, martens, minks, badgers, ermines, skunks, otters, pole cats and wolverines, except the domestic ferret (Putorius furo).

5.   All Procyonidae including raccoons, kinkajous, cacomistles, cat-bears, pandas and coatimundi.

6.   All carnivorous mammals of the family Viverridae including civets, mongooses, and genets.

7.   All bats (Chiroptera).

8.   All non-human primates (Primates) including monkeys, apes, chimpanzees, gorillas and lemurs.

9.   All squirrels (Sciuridae).

10. The following reptiles (Reptilia):

(a) all Helodermatidae (e.g. gila monster and Mexican bearded lizard);

(b) all front-fanged venomous snakes, even if devenomized, including

(i) all Viperidae (e.g. viper, pit viper),

(ii) all Elapidae (e.g. cobra, mamba, krait, coral snake),

(iii) all Atractaspididae (e.g. African burrowing asp),

(iv) all Hydrophiidae (e.g. sea snake), and

(v) all Laticaudidae (e.g. sea krait);

(c) all venomous, mid- or rear-fanged, Duvernoy-glanded members of the family Colubridae, even if devenomized (e.g. boomslang);

(d) all members or hybrid offspring of the family Boidae including the common or green anaconda and yellow anaconda, except members of the family Boidae reaching an adult length of no greater than 2 m;

(e) all members of the family Pythonidae including the African rock python, the Indian or Burmese python and the Amethystine or scrub python, except members of the family Pythonidae reaching an adult length of no greater than 2 m;

(f) all members of the family Varanidae including the white throated monitor, the water monitor, the Komodo monitor or dragon, the Bornean earless monitor, the Nile monitor and the crocodile monitor, except members of the family Varanidae reaching an adult length of no greater than 1 m;

(g) all members of the family Iguanidae including the green or common iguana;

(h) all members of the family Teiidae including the golden, common or black and white tegu;

(i) all members of the family Chelydridae including the snapping turtle and the alligator snapping turtle;

(j) all members of the order Crocodylia including alligators, caimans and crocodiles;

(k) all other snakes of a species or subspecies that can reach an adult length greater than 3 m, whether the particular snake exceeds that length or not;

(l) all other lizards of a species or subspecies that can reach an adult length greater than 2 m, whether the particular lizard exceeds that length or not.

11. The following Arachnida and Chilopoda:

(a) all venomous spiders including tarantulas, black widows, solifugids and scorpions, except for the following species of tarantula:

(i) chilean rose (Grammostola rosea),

(ii) Mexican red-knee (Brachypelma smithi)

(iii) pink-toed (Avicularia); and

(b) all venomous arthropods, including centipedes.

12. All large rodents (Rodentia) including gophers, muskrats, pacas, groundhogs, marmots, beavers, prairie dogs, viscachas, and porcupines.

13. All even-toed ungulates (Artiodactyla) other than domestic sheep, including antelopes, giraffes and hippopotamuses.

14. All odd-toed ungulates (Perissodactyla) other than domesticated horses (Equus caballus), including zebras, rhinoceroses and tapirs.

15. All marsupials (Marsupialia), including Tasmanian devils, bandicoots, kangaroos, wallabies, opossums, wombats, koala bears, cuscuses, numbats, pigmies and greater gliders, except the sugar glider.

16. All sea mammals (Cetacea, Pinnipedia and Sirenia) including dolphins, whales, seals, sea lions and walruses.

17. All elephants (Proboscides).

18. All hyrax (Hyracoidea).

19. All pangolins (Pholidota).

20. All sloths, anteaters, and armadillos (Xenarthra).

21. Gliding lemurs (Dermoptera).

22. All other venomous or poisonous animals.

Explanatory Note

This Bill amends The Animal Care Act to prohibit a person from possessing more than four female dogs capable of reproduction at any premises.

The Bill also prohibits a person from possessing an exotic animal of a type listed in a new Schedule to The Animal Care Act. Certain institutions are exempted from the prohibition, as are animals already in the possession of a person in Manitoba.