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The Animal Care Act

C.C.S.M. c. A84

The Animal Care Act

PART 1
INTRODUCTORY PROVISIONS
DEFINITIONS
1 (1) Definitions
(2) Reference to "Act" includes regulations
1.1 Delegation by director
PART 2
PROTECTION OF ANIMALS
2 (1) Duties of owner
(2) Standards for essentials
3 (1) Infliction of suffering prohibited
(2) Accepted activity re suffering
4 (1) Accepted activities
(2) Standards for accepted activities
5 Prohibited practices and procedures
5.1 (1) Prohibition re transporting unfit animals
(2) Exception
5.2 (1) Prohibition re unloading or accepting unfit commercial animal
(2) Report required if unfit animal not accepted
5.3 Veterinarian to report suspected neglect or abuse
PART 3
INTERVENTION
ANIMALS IN DISTRESS
6 (1) Animal in distress
(2) Accepted activity re distress
ANIMAL PROTECTION OFFICERS AND THEIR POWERS
7 (1) Appointment of animal protection officers
(2) Certificate to be provided
(3) Certificate to be produced
8 (1) Entry and inspection of places and vehicles
(2) Warrant to enter and inspect
(3) Assistance to animal protection officer
(4) Driver of vehicle must stop, etc.
(5) Companion animal in distress
(6) Viewing at dwelling place
(7) No restriction on inspection power
(8) Requirement to produce
(9) Warrant to search for animal in distress
(10) Warrant to search and seize re offence
(11) Where warrant not necessary
(12) Duty to notify absent occupant
8.1 Use of reasonable force
8.2 No obstruction
ACTION RE DISTRESSED ANIMALS
9 (1) Care, seizure or order re distressed animal
(2) Notification re wildlife
10 (1) Destruction of animal
(2) Notification of owner
DIRECTOR'S ORDER TO TAKE ACTION
10.1 (1) Order to animal's owner
(2) Contents of order
(3) Giving order
(4) Revoking order
(5) Duration of order
(6) Right of appeal
(7) Order not stayed
(8) Order
JUSTICE'S ORDER TO RESTRICT NUMBER OF ANIMALS
10.2 (1) Application for order — restricting ownership of animals
(2) Order
ENFORCING ORDERS
10.3 (1) Entry and inspection to enforce orders
(2) Warrant to enter and inspect
10.4 (1) Seizing animals for non-compliance with order
(2) Act applies if animal seized
TAKING ABANDONED ANIMALS INTO CUSTODY
10.5 Abandoned animals taken into custody
11 and 12
CAREGIVERS
13 (1) Placement with caregiver
(2) Provision of care
(3) Changing caregiver
(4) Duty to notify director
PART 4
DISPOSING OF SEIZED AND ABANDONED ANIMALS
COMMERCIAL ANIMALS
14 (1) Notice to owner of right to appeal
(2) Commercial animal may be sold if no appeal
(3) If owner not located
15 (1) Appeal by owner of commercial animal
(2) Time for filing appeal
(3) Order by appeal board
(4) Director to deal with animal
COMPANION ANIMALS
16 Companion animal shall be returned
17 (1) Companion animal may be sold
(2) Notice to owner
18 (1) Notice of appeal by owner
(2) Time for filing appeal
(3) Animal to remain in the care of the caregiver
(4) Order by appeal board
(5) Director to deal with animal
19 Companion animal's owner not located
TRANSFER OF OWNERSHIP
20 Transfer of ownership
COSTS AND SALE PROCEEDS
21 (1) Owner liable for costs
(2) Statement of account
(3) Waiving payment of costs
22 (1) Objection to amount claimed
(2) Time for application
22.1 Disposition for failure to pay costs
23 (1) Proceeds of sale
(2) Care costs in excess of proceeds of sale
(3) Creditor rights
(4) Sale proceeds where owner unknown
24 (1) Costs recoverable as debt due
(2) Lien on animal
PART 5
COMPANION ANIMALS — LICENSING OF KENNELS, BREEDERS AND RETAIL STORES
25 (1) Kennel licences
(2) Definition
25.1 (1) Companion animal breeding premises licences
(2) Definition
(3) Female companion animal deemed capable of reproduction
(4) Exception
25.2 (1) Companion animal retail store licences
(2) Definition
26 and 27 Repealed
28 (1) Licence application
(2) Further information may be requested
(3) Security
(4) Requirements for security
29 (1) Issuing or refusing a licence
(2) Decision to issue
(3) Terms and conditions
(4) Compliance with Act and terms and conditions
(5) Licence to be displayed
29.1 Register of licensed premises
30 Notice of refusal
31 (1) Term of licence
(2) Licence not transferable
32 Suspension or cancellation of licence
33 (1) Appeal
(2) to (5) Repealed
(6) Decision
(7) Repealed
(8) Director to comply
PART 6
APPEALS
APPEAL BOARD
33.1 Appeal board
33.2 (1) Members
(2) Member continues to hold office
(3) Chair and vice-chair
(4) Duties of vice-chair
33.3 Responsibilities of the appeal board
33.4 Procedural rules
33.5 (1) Board to sit in panels
(2) Assigning members to panels
(3) Chair of panel
(4) Quorum
(5) Jurisdiction of panel
APPEALS
33.6 Reasons for appeal
33.7 Notice of appeal given to director
33.8 Parties
33.9 Powers and duties of the board re hearing
33.10 Hearing process: rules of evidence do not apply
33.11 (1) Order of the board
(2) Order given to the parties
(3) Order final and binding
PART 7
GENERAL PROVISIONS
34 (1) Offences
(2) Directors and officers of corporations
35 (1) Prohibition of ownership
(2) Repealed
35.1 Time limit for prosecution
36 (1) Advisory committee
(2) Terms of reference
(3) Remuneration and expenses
37 (1) Authority of director to appoint agents
(2) Retention of monies by agent
37.1 (1) Duty to provide information
(2) Persons reporting protected from liability
38 Immunity from action
39 Regulations
40 C.C.S.M. reference
41 Coming into force