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The Animal Care Act
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This version is current as of September 23, 2016.
It has been in effect since November 5, 2015.

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C.C.S.M. c. A84

The Animal Care Act

(Assented to November 19, 1996)

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

PART 1

INTRODUCTORY PROVISIONS

DEFINITIONS

Definitions

1(1)        In this Act,

"abandoned animal" means an animal that

(a) is apparently ownerless and not running at large,

(b) is found on rented premises after the expiration or termination of the tenancy agreement,

(c) is found on premises after the owner has sold or vacated the premises, or

(d) by agreement between the animal's owner and another person, has been left in the care of the other person and has not been retrieved from the other person for more than four days after the agreed-upon retrieval time; (« animal abandonné »)

"animal" means a non-human living being with a developed nervous system; (« animal »)

"animal protection officer" means a person appointed as an animal protection officer under this Act and any police officer; (« agent de protection des animaux »)

"appeal board" means the Animal Care Appeal Board established in section 33.1; (« Commission d'appel »)

"care" includes the provision of food, water, shelter and medical attention to an animal; (« soins »)

"caregiver" means a person or organization selected by an animal protection officer to provide care to an animal that has been seized or taken into custody; (« pourvoyeur de soins »)

"commercial animal assembling station" means any place where commercial animals are assembled for shipment by any form of transportation; (« centre de rassemblement d'animaux commerciaux »)

"commercial animal market" means a stockyard or auction mart that is operated as a public market for the purchase or sale of commercial animals; (« marché à animaux commerciaux »)

"commercial animals" include

(a) horses, cattle, sheep, swine and live poultry,

(b) wildlife that is not the property of the Crown under The Wildlife Act,

(c) animals of a type usually raised for meat production or the production of products from the animals, and includes breeding stock of such animals, and

(d) species or types of animals designated in the regulations as commercial animals; (« animaux commerciaux »)

"companion animal" means an animal that is not a commercial animal; (« animal de compagnie »)

"costs of care" means any amount established in the regulations to be costs of care or, where no such amount is established, any reasonable and necessary costs incurred under this Act to seize, take custody of, transport, provide care to, sell, or destroy an animal; (« frais d'entretien »)

"court" means the Court of Queen's Bench; (« tribunal »)

"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act; (« directeur »)

"licence" means a licence issued under this Act; (« permis »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"needless suffering" means suffering that is not inevitable or intrinsic to an accepted activity; (« souffrance inutile »)

"owner" includes

(a) a person having possession or control of an animal or occupying premises containing an animal, and

(b) a person who possessed or controlled an animal, or occupied premises containing the animal, immediately before it was seized or taken into custody under this Act; (« propriétaire »)

"panel" means a panel of the appeal board; (« comité »)

"person" includes a partnership and unincorporated association; (« personne »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

"police officer" means a member of the Royal Canadian Mounted Police or a police service established or continued under The Police Services Act; (« agent de police »)

"prescribed" means prescribed by regulation;

"regulations" means the regulations made under this Act; (« règlements »)

"vehicle" means a vehicle as defined in The Highway Traffic Act; (« véhicule »)

"veterinarian" means an individual who is registered under The Veterinary Medical Act and is licensed under that Act to practise veterinary medicine in Manitoba. (« vétérinaire »)

Reference to "Act" includes regulations

1(2)        In this Act, a reference to "this Act" includes the regulations made under this Act.

S.M. 2009, c. 4, s. 3; S.M. 2009, c. 32, s. 92; S.M. 2015, c. 34, s. 37.

Delegation by director

1.1         The director may delegate to any person on his or her staff, with or without conditions, any power or duty conferred or imposed on the director by this Act.

S.M. 2009, c. 4, s. 4.

PART 2

PROTECTION OF ANIMALS

Duties of owner

2(1)        A person who has ownership, possession or control of an animal

(a) shall ensure that the animal has an adequate source of food and water;

(b) shall provide the animal with adequate medical attention when the animal is wounded or ill;

(c) shall provide the animal with reasonable protection from injurious heat or cold; and

(d) shall not confine the animal to an enclosure or area

(i) with inadequate space,

(ii) with unsanitary conditions,

(iii) with inadequate ventilation or lighting, or

(iv) without providing an opportunity for exercise,

so as to significantly impair the animal's health or well-being.

Standards for essentials

2(2)        A person shall not be convicted of an offence under subsection (1) for treating an animal in a manner

(a) consistent with a standard or code of conduct, criteria, practice or procedure specified as acceptable in the regulations;

(b) consistent with generally accepted practices or procedures for such activity; or

(c) otherwise reasonable in the circumstances.

S.M. 2009, c. 4, s. 5.

Infliction of suffering prohibited

3(1)        No person shall inflict upon an animal acute suffering, serious injury or harm, or extreme anxiety or distress that significantly impairs its health or well-being.

Accepted activity re suffering

3(2)        Subsection (1) does not apply where the suffering, injury, harm, anxiety or distress is caused by a treatment, process, or condition that occurs in the course of an accepted activity.

Accepted activities

4(1)        Subject to subsection (2), for the purposes of this Act, an accepted activity includes the following activities

(a) agricultural uses of animals;

(b) exhibitions and fairs;

(c) zoological displays;

(d) animal slaughter;

(e) medical care;

(f) animal discipline and training;

(g) protection of people or property;

(h) sporting events;

(i) fishing and hunting;

(j) trapping;

(k) research and teaching involving animals;

(l) pest control;

(m) control of predators;

(n) euthanasia of animals;

(o) any other activity designated by the regulations as an accepted activity.

Standards for accepted activities

4(2)        An activity is an accepted activity under subsection (1) only if it is carried out in a manner

(a) consistent with a standard or code of conduct, criteria, practice or procedure specified as acceptable in the regulations;

(b) consistent with generally accepted practices or procedures for such activity, and that does not cause needless suffering; or

(c) that is otherwise reasonable in the circumstances, and that does not cause needless suffering;

and is not a practice or procedure specified as prohibited in the regulations.

Prohibited practices and procedures

5           No person shall engage in a practice or procedure specified as prohibited in the regulations.

Prohibition re transporting unfit animals

5.1(1)      No person shall load or transport an animal, or permit an animal to be loaded or transported, in a vehicle if, by reason of infirmity, illness, injury, fatigue or any other cause, the animal is unable to stand or would suffer unduly during transport.

Exception

5.1(2)      Despite subsection (1), as long as the animal is loaded and transported humanely, a person may transport it to or from a veterinary clinic or the nearest suitable place to obtain medical attention.

S.M. 2009, c. 4, s. 6.

Prohibition re unloading or accepting unfit commercial animal

5.2(1)      No person shall, for the purpose of resale or further shipment,

(a) unload a commercial animal, or permit a commercial animal to be unloaded, from a vehicle; or

(b) accept, or permit a commercial animal to be accepted;

at a commercial animal market or commercial animal assembling station if, by reason of infirmity, illness, injury, fatigue or any other cause, the animal is unable to stand or is suffering unduly.

Report required if unfit animal not accepted

5.2(2)      When a commercial animal is not accepted under clause (1)(b), the operator of the commercial animal market or commercial animal assembling station shall promptly

(a) notify the director that the animal was not accepted; and

(b) provide any information respecting the matter that the director requests.

S.M. 2009, c. 4, s. 6.

Veterinarian to report suspected neglect or abuse

5.3         A veterinarian who believes on reasonable grounds that an animal has been or is subject to neglect or abuse that compromises the animal's health, other than in the course of an accepted activity, shall promptly

(a) report his or her belief to the director; and

(b) provide any information respecting the matter that the director requests.

S.M. 2009, c. 4, s. 6.

PART 3

INTERVENTION

ANIMALS IN DISTRESS

Animal in distress

6(1)        Subject to subsection (2), for the purposes of this Act, an animal is in distress if it is

(a) subjected to conditions that, unless immediately alleviated, will cause the animal death or serious harm;

(b) subjected to conditions that cause the animal to suffer acute pain;

(c) not provided food and water sufficient to maintain the animal in a state of good health;

(d) not provided appropriate medical attention when the animal is wounded or ill;

(e) unduly exposed to cold or heat; or

(f) subjected to conditions that will, over time, significantly impair the animal's health or well-being, including

(i) confinement in an area of insufficient space,

(ii) confinement in unsanitary conditions,

(iii) confinement without adequate ventilation or lighting,

(iv) not being allowed an opportunity for adequate exercise, and

(v) conditions that cause the animal extreme anxiety or distress.

Accepted activity re distress

6(2)        For the purposes of this Act, an animal shall not be considered to be in distress as a result of any treatment, process, or condition that occurs in the course of an accepted activity.

S.M. 2009, c. 4, s. 8.

ANIMAL PROTECTION OFFICERS AND THEIR POWERS

Appointment of animal protection officers

7(1)        The minister may, on such terms and conditions as the minister may specify, appoint any person as an animal protection officer under this Act.

Certificate to be provided

7(2)        The minister shall provide an animal protection officer with a certificate of appointment.

Certificate to be produced

7(3)        An animal protection officer carrying out a responsibility or authorized action under this Act shall produce his or her certificate of appointment when requested to do so.

Entry and inspection of places and vehicles

8(1)        An animal protection officer may, at any reasonable time and where reasonably required to administer or determine compliance with this Act,

(a) enter and inspect any facility, premises or other place, or stop and inspect any vehicle, that is being operated in the course of an activity

(i) for which a person is or is required to be licensed under this Act,

(ii) that purports to be an accepted activity under subsection 4(1) and in respect of which a standard or code of conduct, criteria, practice or procedure has been specified as acceptable in the regulations,

(iii) that relates to the operation of a commercial animal market or commercial animal assembling station, or

(iv) that involves a commercial animal;

(b) open any receptacle, package, cage or thing that the animal protection officer believes on reasonable grounds is being kept in the course of that activity;

(c) view any animal or conduct an examination of any animal in the place or vehicle, whether or not the animal is apparently in distress;

(d) conduct any test, take any sample or make any other examination of the place or vehicle or of any animal, substance or thing, including the carcass of a dead animal, that is in or has been in the place or vehicle;

(e) inspect any licence, record or other information;

(f) make a copy, or obtain a printout or an electronically readable format, of any licence, record or other information in the place or vehicle; and

(g) remove any licence, record or information for copying, subject to its being returned as soon as reasonably practicable.

Warrant to enter and inspect

8(2)        A justice who is satisfied by information on oath that

(a) a reasonable effort to exercise any of the powers referred to in subsection (1) has been made but was unsuccessful; or

(b) there are reasonable grounds to believe that an attempt to exercise any of the powers referred to in subsection (1) would be denied without a warrant;

may at any time issue a warrant authorizing an animal protection officer and any other person named in the warrant, together with such police officers as are required to assist, to enter the place or vehicle and carry out an inspection in accordance with the powers referred to in subsection (1).

Assistance to animal protection officer

8(3)        The owner or person in charge of a place entered by an animal protection officer under this section, and any person found in that place, shall

(a) give the animal protection officer all reasonable assistance to enable the animal protection officer to carry out any action authorized under this Act;

(b) furnish the animal protection officer with any licence, record or information he or she may reasonably require to carry out any action authorized under this Act; and

(c) produce any animal that the animal protection officer requires for viewing or examination.

Driver of vehicle must stop, etc.

8(4)        Where an animal protection officer signals or requests a person driving a vehicle that is subject to being inspected to stop, the person shall immediately bring the vehicle to a stop and shall not proceed until permitted to do so by the animal protection officer, and shall give the animal protection officer assistance in the same manner as specified in subsection (3).

Companion animal in distress

8(5)        Without restricting the generality of subsection (1) with respect to inspection of facilities, premises or other places, or vehicles containing companion animals, an animal protection officer may, at any reasonable time and where reasonably required to determine compliance with this Act,

(a) enter and inspect any facility, premises or other place that is not a dwelling place, or stop and inspect any vehicle, in which the animal protection officer believes on reasonable grounds there is a companion animal in distress; and

(b) view the animal or conduct such examination of the animal as may be required to determine whether or not it is in distress.

Viewing at dwelling place

8(6)        An animal protection officer may, at any reasonable time and where reasonably required to determine whether an animal is in distress,

(a) enter onto the land on which a dwelling place is located;

(b) require any person in the dwelling place to produce the animal for viewing or examination; and

(c) once the animal is produced, view the animal or conduct such examination of the animal as may be required to determine whether or not it is in distress.

No restriction on inspection power

8(7)        The power to require production of an animal under subsection (6) does not restrict or extinguish the power to conduct an inspection under subsection (1) with respect to any activity referred to in clause (1)(a) that occurs inside a dwelling place.

Requirement to produce

8(8)        A person in a dwelling place who is required to produce an animal for viewing or examination under subsection (6) shall immediately produce the animal.

Warrant to search for animal in distress

8(9)        A justice who is satisfied by information on oath that there are reasonable grounds to believe that there is an animal in distress in a dwelling place may at any time issue a warrant authorizing an animal protection officer and any other person named in the warrant, together with such police officers as are required to assist, to enter and search the dwelling place for the animal and to take any action in relation to the animal as is authorized under this Act with respect to an animal in distress.

Warrant to search and seize re offence

8(10)       A justice who is satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act has been committed or is being committed; and

(b) there is to be found in any place or vehicle an animal or thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an animal protection officer and any other person named in the warrant, together with such police officers as are required to assist, to enter and search the place or vehicle for the animal or thing and to seize it and to bring it before a justice or to report on it to a justice to be dealt with according to law.

Where warrant not necessary

8(11)       An animal protection officer may take any action authorized under subsection (9) or (10) without a warrant if conditions for obtaining a warrant under subsection (9) or (10) exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant.

Duty to notify absent occupant

8(12)       An animal protection officer who enters an unoccupied place or vehicle under this section shall leave in the place or vehicle a notice indicating the animal protection officer's name, the time of entry and the reason for entry.

S.M. 2009, c. 4, s. 10; S.M. 2012, c. 40, s. 2.

Use of reasonable force

8.1         An animal protection officer may use whatever force is reasonably necessary to execute a warrant or to carry out an authorized action under this Act.

S.M. 2009, c. 4, s. 13.

No obstruction

8.2         No person shall obstruct or hinder or make a false or misleading statement to an animal protection officer who is carrying out an authorized action under this Act.

S.M. 2009, c. 4, s. 13.

ACTION RE DISTRESSED ANIMALS

Care, seizure or order re distressed animal

9(1)        An animal protection officer who discovers an animal that the officer believes on reasonable grounds is in distress may do one or more of the following:

(a) provide any care or take any other action the animal protection officer considers necessary to relieve the animal's distress;

(b) seize the animal;

(c) notify the director for the purpose of making an order under subsection 10.1(1).

Notification re wildlife

9(2)        Where an animal to which subsection (1) applies is wildlife under The Wildlife Act, the animal protection officer shall notify an officer under The Wildlife Act of the animal in distress.

S.M. 2009, c. 4, s. 11.

Destruction of animal

10(1)       If a seized animal is, in the opinion of

(a) a veterinarian;

(b) two other individuals, if a veterinarian is not readily available on a timely basis; or

(c) an animal protection officer, if neither a veterinarian or two other individuals are readily available on a timely basis;

in such distress that it would be inhumane to allow the animal to continue to live, an animal protection officer may destroy the animal or cause the animal to be destroyed.

Notification of owner

10(2)       An animal protection officer who provides care to or seizes an animal under subsection 9(1) or destroys an animal under subsection (1) shall take reasonable steps to locate the owner of the animal as soon as reasonably practicable and to advise the owner that the animal was found to be in distress and of any action taken by the animal protection officer in respect to the animal.

DIRECTOR'S ORDER TO TAKE ACTION

Order to animal's owner

10.1(1)     If the director has reasonable grounds to believe that

(a) an animal is in distress; or

(b) an animal's owner is not carrying out his or her duties toward the animal as set out in section 2;

the director may order the owner to take any action that the director believes is necessary, including having the animal examined and treated by a veterinarian at the expense of the owner, in order to

(c) relieve the animal of its distress; or

(d) ensure that the owner carries out his or her duties toward the animal.

Contents of order

10.1(2)     The order must state the reasons for making it and advise the owner of the right to appeal the order under subsection (6).

Giving order

10.1(3)     The order must be given to the owner in accordance with the regulations.

Revoking order

10.1(4)     If, in the director's opinion, the circumstances that gave rise to the order no longer exist, he or she shall revoke the order and give written notice of the revocation to the owner.

Duration of order

10.1(5)     An order expires one year after the date it is given, unless it is

(a) sooner revoked by the director under subsection (4) or varied or rescinded by the appeal board under subsection (8); or

(b) extended by the director for a further period that must not exceed one year.

Right of appeal

10.1(6)     The owner to whom an order is directed may appeal the order by filing a notice of appeal with the appeal board within seven days after receiving a copy of the order.

Order not stayed

10.1(7)     An appeal of an order does not stay the operation of the order.

Order

10.1(8)     After a hearing, the appeal board may make any of the following orders:

(a) an order confirming, varying or rescinding the director's order;

(b) if the director's order is varied or rescinded, an order that all or any part of the costs incurred by the owner in complying with the director's order be paid by the government to the owner;

(c) any other order that the appeal board considers appropriate in the circumstances.

S.M. 2009, c. 4, s. 12.

JUSTICE'S ORDER TO RESTRICT NUMBER OF ANIMALS

Application for order — restricting ownership of animals

10.2(1)     The director may apply to a justice for an order under subsection (2) in respect of an owner, if

(a) animals have been seized from the owner under subsection 9(1) or the owner has voluntarily surrendered animals to the director; and

(b) the director believes on reasonable grounds that

(i) at the time those animals were seized or surrendered, the owner was unable to carry out his or her duties under this Act because the number or type of animals owned, possessed or controlled by the owner exceeded the owner's ability to carry out his or her duties toward them, and

(ii) the owner is not, or may not be, able to carry out his or her duties under this Act toward the animals that the owner presently owns, possesses or controls, or may own, possess or control, because the circumstances mentioned in subclause (i) continue to exist or may occur again.

Order

10.2(2)     On an application under subsection (1), a justice may make an order

(a) prohibiting an owner from owning or having possession or control of more than a specified number or type of animals, for a period up to three years; and

(b) directing that any animals owned, possessed or controlled by the owner at the time the order is made

(i) beyond the number of animals allowed under the order, or

(ii) other than the type of animal allowed under the order,

become the property of the Crown.

S.M. 2009, c. 4, s. 12.

ENFORCING ORDERS

Entry and inspection to enforce orders

10.3(1)     An animal protection officer may, at any reasonable time and where reasonably required to determine compliance with an order made under subsection 10.1(1) or 10.2(2) or clause 35(1)(a),

(a) enter and inspect any place in which the animal protection officer believes on reasonable grounds there is or should be an animal, structure, supply of food or water, shelter, enclosure, area, document, record or other thing to which the order applies;

(b) inspect, test or examine the structure, supply of food or water, shelter, enclosure, area, document, record or thing; and

(c) view or conduct an examination of any animal.

Warrant to enter and inspect

10.3(2)     A justice who is satisfied by information on oath that

(a) a reasonable effort to exercise any of the powers referred to in subsection (1) has been made but was unsuccessful; or

(b) there are reasonable grounds to believe that an attempt to exercise any of those powers would be denied without a warrant;

may at any time issue a warrant authorizing an animal protection officer and any other person named in the warrant, with such police officers as are required to assist, to enter and inspect the place and exercise such other powers referred to in subsection (1) as may be specified in the warrant.

S.M. 2009, c. 4, s. 12.

Seizing animals for non-compliance with order

10.4(1)     Where as a result of an inspection under section 10.3 an animal protection officer has reasonable grounds to believe that an owner has not complied with an order referred to in that section, the officer may

(a) with respect to an order under subsection 10.1(1), seize the animal the order relates to; and

(b) with respect to an order under subsection 10.2(2) or clause 35(1)(a), seize any or all of the owner's animals so that the number or type of animals owned, possessed or controlled by the owner is in compliance with the order.

Act applies if animal seized

10.4(2)     The provisions of this Act that apply to a seizure under subsection 9(1) also apply, with necessary changes, to a seizure under subsection (1).  In the case of an appeal of a seizure, the appeal board may order that an animal be returned to its owner only if it is satisfied that the owner is in compliance with the order in relation to which the seizure was made.

S.M. 2009, c. 4, s. 12.

TAKING ABANDONED ANIMALS INTO CUSTODY

Abandoned animals taken into custody

10.5        An animal protection officer who discovers an animal that he or she believes on reasonable grounds is abandoned may take the animal into custody and provide it with any care the officer considers necessary.

S.M. 2009, c. 4, s. 12.

11 and 12   

Renumbered as sections 8.1 and 8.2.

CAREGIVERS

Placement with caregiver

13(1)       An animal protection officer who seizes an animal or takes an abandoned animal into custody under this Act may act as a caregiver or may put the animal under the control of a caregiver.

Provision of care

13(2)       A caregiver may provide such care to an animal that has been seized or taken into custody under this Act as the caregiver considers reasonable in the circumstances or as may be directed by the director.

Changing caregiver

13(3)       The director or an animal protection officer may remove an animal from the control of a caregiver and put the animal under the control of a different caregiver or otherwise deal with the animal in accordance with this Act.

Duty to notify director

13(4)       When an animal protection officer

(a) provides care to or seizes an animal under subsection 9(1);

(a.1) takes an abandoned animal into custody under section 10.5;

(b) destroys an animal under subsection 10(1); or

(c) puts an animal under the control of a caregiver under this section;

the animal protection officer shall, within a period of time and in a form as may be required by the director, notify the director of such action.

S.M. 2009, c. 4, s. 15.

PART 4

DISPOSING OF SEIZED AND ABANDONED ANIMALS

COMMERCIAL ANIMALS

Notice to owner of right to appeal

14(1)       Within seven days after a commercial animal is seized under subsection 9(1) or taken into custody under section 10.5, the director must give the owner notice that the animal will be sold, given away or destroyed if the owner does not file an appeal within the time required under subsection 15(2).

Commercial animal may be sold if no appeal

14(2)       If the time for filing an appeal under subsection 15(2) has elapsed and the owner of a commercial animal that has been seized or taken into custody has not filed an appeal, the director may sell, give away or destroy the animal.

If owner not located

14(3)       If seven days have elapsed after a commercial animal is seized or taken into custody and, despite reasonable inquiries by an animal protection officer, the animal's owner has not been located, the director may sell, give away or destroy the animal.

S.M. 2009, c. 4, s. 16.

Appeal by owner of commercial animal

15(1)       The owner of a commercial animal that has been seized under subsection 9(1) or taken into custody under section 10.5 may request the appeal board to order the animal's return by filing a notice of appeal with the appeal board.

Time for filing appeal

15(2)       A notice of appeal must be filed with the appeal board within seven days after the day notice under subsection 14(1) is given to the owner.

Order by appeal board

15(3)       After a hearing, the appeal board may make any of the following orders:

(a) an order that the commercial animal be returned to the owner;

(b) an order that the director may sell, give away or destroy the animal;

(c) any other order that the appeal board considers appropriate in the circumstances.

Director to deal with animal

15(4)       When the appeal board has made an order under subsection (3), the director must deal with the animal in the manner ordered.

S.M. 2009, c. 4, s. 16.

COMPANION ANIMALS

Companion animal shall be returned

16          A companion animal that has been seized under subsection 9(1) shall be returned to the owner of the animal by an animal protection officer within seven days of the seizure of the animal unless

(a) the owner has not been located despite due inquiry by an animal protection officer; or

(b) the director has given the owner of the animal a notice under clause 17(1)(a) that the animal will be sold, given away or destroyed after seven days have elapsed since the date the notice was given.

S.M. 2009, c. 4, s. 18.

Companion animal may be sold

17(1)       The director may sell, give away or destroy a companion animal that has been seized under subsection 9(1) or taken into custody under section 10.5 if

(a) the director has given notice to the owner that the animal will be sold, given away or destroyed; and

(b) seven days have elapsed since the notice was given and the owner has not filed a notice of appeal under subsection 18(1).

Notice to owner

17(2)       The notice under clause (1)(a) must be given to the owner in accordance with the regulations.

S.M. 2009, c. 4, s. 19.

Notice of appeal by owner

18(1)       The owner of a companion animal that has been seized under subsection 9(1) or taken into custody under section 10.5 may request the appeal board to order the animal's return by filing a notice of appeal with the appeal board.

Time for filing appeal

18(2)       A notice of appeal must be filed within seven days after the day notice under clause 17(1)(a) is given to the owner.

Animal to remain in the care of the caregiver

18(3)       When a notice of appeal has been filed with the appeal board, the companion animal that has been seized or taken into custody is to remain in the care of the caregiver until the appeal board has made an order.

Order by appeal board

18(4)       After a hearing, the appeal board may make any of the following orders:

(a) an order that the director return the companion animal to the owner;

(b) an order that the director may sell, give away or destroy the companion animal;

(c) any other order that the appeal board considers appropriate in the circumstances.

Director to deal with animal

18(5)       When the appeal board has made an order under subsection (4), the director shall deal with the animal in the manner ordered.

S.M. 2009, c. 4, s. 19.

Companion animal's owner not located

19          If seven days have elapsed after a companion animal has been seized or taken into custody under this Act and, despite reasonable inquiries by an animal protection officer, the animal's owner has not been located, the director may sell, give away or destroy the animal.

S.M. 2009, c. 4, s. 20.

TRANSFER OF OWNERSHIP

Transfer of ownership

20          Where the director sells or gives away an animal under this Act, the animal becomes the property of the person to whom the animal was sold or given.

COSTS AND SALE PROCEEDS

Owner liable for costs

21(1)       The owner of an animal that has been seized or taken into custody is liable to pay to the director on demand an amount equal to the costs of care for the animal.

Statement of account

21(2)       The director may at any time, and shall upon the request of an owner of an animal that has been seized or taken into custody, provide to the owner a statement of account setting out the costs of care for the animal claimed by the director.

Waiving payment of costs

21(3)       The director may waive all or any part of the costs of an animal's care if the owner satisfies the director that payment of the waived amount would be an unreasonable hardship for the owner.

S.M. 2009, c. 4, s. 21.

Objection to amount claimed

22(1)       On application by an owner who has been provided a statement of account under subsection 21(2), the court shall review and determine the amount to be paid to the director for the costs of care for the animal.

Time for application

22(2)       A notice of application under this section shall be filed with the court and served upon the director within seven days of receipt of the statement of account by the owner.

Disposition for failure to pay costs

22.1        If the owner of an animal that has been seized or taken into custody under this Act

(a) has failed to pay the costs of care set out in a statement of account provided under subsection 21(2) and the owner has not made an application under section 22; or

(b) has made an application under section 22, and has failed to pay the costs of care determined by the court to be payable within three days of the determination of the costs of care by the court;

the director may sell, give away or destroy the animal.

S.M. 2009, c. 4, s. 20.

Proceeds of sale

23(1)       Subject to subsections (2) and (3), where an animal is sold by the director under this Act, proceeds of the sale shall be disbursed in the following order of priority

(a) the director shall retain an amount equal to the costs of care; and

(b) the balance of the sale proceeds shall be paid to the former owner of the animal.

Care costs in excess of proceeds of sale

23(2)       The former owner of an animal that is sold by the director under this Act shall pay to the director an amount equal to any portion of the costs of care that are not recovered from the proceeds of the sale of the animal.

Creditor rights

23(3)       In the event the director has reason to believe a creditor may have a security interest in an animal sold by the director under this Act, the director may apply to the court for an interpleader order in respect of the balance of the sale proceeds over and above an amount equal to the costs of care for the animal.

Sale proceeds where owner unknown

23(4)       Where, despite due inquiry by an animal protection officer, the owner of an animal that has been seized or taken into custody is unknown, the balance of the sale proceeds over and above an amount equal to the costs of care for the animal, if any, shall be retained by the director and forfeited to the Crown.

S.M. 2009, c. 4, s. 22.

Costs recoverable as debt due

24(1)       Any amount for which a person is liable for costs of care under this Act is a debt due by that person to the government.

Lien on animal

24(2)       The government has a lien on an animal that has been seized or taken into custody for an amount equal to the costs of care for that animal.

S.M. 2009, c. 4, s. 23.

PART 5

COMPANION ANIMALS — LICENSING OF KENNELS, BREEDERS AND RETAIL STORES

Kennel licences

25(1)       No person shall operate a kennel except under the authority of a licence issued by the director for that purpose.

Definition

25(2)       In subsection (1), "kennel" means

(a) premises where more than the prescribed number of companion animals are kept, and

(i) the owner or operator of the premises receives a fee for keeping the companion animals, or

(ii) the companion animals are kept in connection with a commercial enterprise that is not exempt under the regulations; or

(b) premises operated as a pound, animal shelter or animal rescue facility, or premises operated for a similar purpose that are designated in the regulations.

S.M. 2009, c. 4, s. 25.

Companion animal breeding premises licences

25.1(1)     No person shall operate companion animal breeding premises except under the authority of a licence issued by the director for that purpose.

Definition

25.1(2)     In subsection (1), "companion animal breeding premises" means premises where more than the prescribed number of female companion animals that are capable of reproduction are kept.

Female companion animal deemed capable of reproduction

25.1(3)     A female companion animal is deemed to be capable of reproduction unless the owner or operator of the premises satisfies the director or an animal protection officer otherwise.

Exception

25.1(4)     A licence under subsection (1) is not required in respect of premises where more than the prescribed number of female companion animals capable of reproduction are kept if the owner or operator of the premises satisfies the director or an animal protection officer that the animals are not kept for the purpose of breeding them and selling their offspring.

S.M. 2009, c. 4, s. 26.

Companion animal retail store licences

25.2(1)     No person shall operate a companion animal retail store except under the authority of a licence issued by the director for that purpose.

Definition

25.2(2)     In subsection (1), "companion animal retail store" means commercial premises where companion animals are kept and offered for sale to the public.

S.M. 2009, c. 4, s. 26.

26 and 27   [Repealed]

S.M. 2009, c. 4, s. 27.

Licence application

28(1)       An application for a licence shall be made to the director and shall contain the information and be accompanied by the fee and any documentation required by the regulations.

Further information may be requested

28(2)       The director may require an applicant for a licence to submit any additional information the director considers necessary.

Security

28(3)       The director may require an applicant for a licence to provide a bond or other security to ensure that the premises operated by the applicant will be operated in accordance with this Act and the regulations.

Requirements for security

28(4)       The bond or other security must meet the requirements set out in the regulations.

S.M. 2009, c. 4, s. 28.

Issuing or refusing a licence

29(1)       The director may issue or refuse to issue a licence.

Decision to issue

29(2)       The director may issue a licence to an eligible applicant if

(a) the application has been made in accordance with section 28; and

(b) the director is of the opinion that

(i) the premises and its proposed operation, as specified in the application, conform with the requirements of the regulations, and

(ii) the application accurately reflects the actual or proposed operation of the premises.

Terms and conditions

29(3)       The director may

(a) issue a licence subject to any terms and conditions the director considers appropriate, including specifying the maximum number of animals that the licence holder can keep on the licensed premises; and

(b) at any time, impose terms and conditions on a licence previously issued.

Compliance with Act and terms and conditions

29(4)       The holder of a licence shall comply with this Act and the terms and conditions of the licence.

Licence to be displayed

29(5)       The holder of a licence shall keep the licence posted in the licensed premises in a clearly visible and prominent place.

S.M. 2009, c. 4, s. 29.

Register of licensed premises

29.1        The director may, in accordance with the regulations,

(a) establish and maintain a register, which may be in electronic form and may include personal information, of persons who operate premises licensed under this Act; and

(b) make information from the register available to the public.

S.M. 2009, c. 4, s. 30.

Notice of refusal

30          If the director refuses to issue a licence, the director shall give the applicant a written notice of the refusal, in accordance with the regulations, that shall give reasons for the refusal.

S.M. 2009, c. 4, s. 31.

Term of licence

31(1)       A licence issued by the director shall be valid for a term of one year or such other term as may be provided for in the regulations.

Licence not transferable

31(2)       A licence is not transferable to another person or to other premises.

Suspension or cancellation of licence

32          The director may suspend or cancel a licence by giving, in accordance with the regulations, a written notice of suspension or cancellation to the licence holder, with reasons, if the director is satisfied that

(a) the licence holder has failed to comply with this Act or a term or condition of the licence;

(b) the licence holder has been found guilty of an offence under any Act of the Legislature or the Criminal Code (Canada) relating to the treatment of animals or the wrongful possession of an animal; or

(c) the suspension or cancellation is authorized for any reason specified in the regulations.

S.M. 2009, c. 4, s. 32.

Appeal

33(1)       A person whose application for a licence is refused, whose licence is suspended or cancelled, or whose licence is subject to a term or condition, may appeal the refusal, suspension or cancellation, or the term or condition by filing a notice of appeal with the appeal board within 30 days after the person is notified of the refusal, suspension or cancellation, or the term or condition.

33(2) to (5)  [Repealed] S.M. 2009, c. 4, s. 33.

Decision

33(6)       On concluding the appeal, the appeal board may, by order,

(a) confirm the refusal, suspension or cancellation, or the term or condition; or

(b) direct that the application for a licence be approved or reinstate a suspended or cancelled licence, or direct that any term or condition on the licence be amended in such manner as it considers appropriate.

33(7)       [Repealed] S.M. 2009, c. 4, s. 33.

Director to comply

33(8)       Where the appeal board has made a direction under clause 33(6)(b), the director shall comply with such direction.

S.M. 2009, c. 4, s. 33.

PART 6

APPEALS

APPEAL BOARD

Appeal board

33.1        The Animal Care Appeal Board is hereby established.

S.M. 2009, c. 4, s. 34.

Members

33.2(1)     The appeal board is to consist of up to 10 members appointed by the Lieutenant Governor in Council.

Member continues to hold office

33.2(2)     A member continues to hold office until he or she is reappointed, the appointment is revoked or a successor is appointed.

Chair and vice-chair

33.2(3)     The Lieutenant Governor in Council must designate one of the members of the appeal board as the chair and another member as vice-chair.

Duties of vice-chair

33.2(4)     The vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.

S.M. 2009, c. 4, s. 34.

Responsibilities of the appeal board

33.3        The appeal board has these responsibilities:

(a) to hear and decide appeals under this Act;

(b) to perform any other duties assigned to it by the minister.

S.M. 2009, c. 4, s. 34.

Procedural rules

33.4        The appeal board may establish its own rules of practice and procedure.

S.M. 2009, c. 4, s. 34.

Board to sit in panels

33.5(1)     The appeal board must sit in panels of three members when hearing appeals.

Assigning members to panels

33.5(2)     The chair is to assign members to sit on panels.

Chair of panel

33.5(3)     The chair or the vice-chair is to preside over a panel, or the chair may designate another member of the appeal board to preside.

Quorum

33.5(4)     A quorum for a panel is the three members referred to in subsection (1).

Jurisdiction of panel

33.5(5)     In considering and deciding an appeal,

(a) a panel has all the jurisdiction of the appeal board and may exercise the board's powers and perform its duties; and

(b) a decision of a majority of the members of a panel is the decision of the appeal board.

S.M. 2009, c. 4, s. 34.

APPEALS

Reasons for appeal

33.6        A notice of appeal must be in writing and must state the reasons for the appeal.

S.M. 2009, c. 4, s. 34.

Notice of appeal given to director

33.7        Upon receiving a notice of appeal, the appeal board must promptly give a copy of it to the director.

S.M. 2009, c. 4, s. 34.

Parties

33.8        The parties to an appeal are the person who has a right to appeal to the appeal board under this Act and the director.

S.M. 2009, c. 4, s. 34.

Powers and duties of the board re hearing

33.9        The appeal board has the powers of a commissioner under Part V of The Manitoba Evidence Act.

S.M. 2009, c. 4, s. 34.

Hearing process: rules of evidence do not apply

33.10       The appeal board is not bound by the rules of evidence that apply to judicial proceedings.

S.M. 2009, c. 4, s. 34.

Order of the board

33.11(1)    After a hearing, the appeal board may, by written order, make any order that this Act allows the appeal board to make and must give written reasons for its order.

Order given to the parties

33.11(2)    The appeal board must give each of the parties a copy of the order in accordance with the regulations.

Order final and binding

33.11(3)    An order of the appeal board is final and binding on the person appealing and the director, and is not subject to appeal.

S.M. 2009, c. 4, s. 34.

PART 7

GENERAL PROVISIONS

Offences

34(1)       A person who contravenes any provision of this Act or an order made under this Act is guilty of an offence and is liable, on summary conviction,

(a) for a first offence, to a fine of not more than $10,000, or to imprisonment for a term of not more than six months, or both; and

(b) for a subsequent offence, to a fine of not more than $20,000, or to imprisonment for a term of not more than 12 months, or both.

Directors and officers of corporations

34(2)       Where a corporation is guilty of an offence, a director or officer of the corporation who authorized, permitted or acquiesced to the offence is also guilty of the offence and is liable on summary conviction to the penalty for the offence provided for in this section.

S.M. 2009, c. 4, s. 36.

Prohibition of ownership

35(1)       Where a person is found guilty of an offence, the justice may

(a) prohibit the person from owning or having possession or control of animals or of a number or type of animals for any period that the justice considers appropriate, including a lifetime ban on an individual or any corporation controlled by the individual;

(b) direct that any other animals owned by the person become the property of the Crown.

35(2)       [Repealed] S.M. 2009, c. 4, s. 37.

S.M. 2009, c. 4, s. 37.

Time limit for prosecution

35.1        A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed.

S.M. 2009, c. 4, s. 38.

Advisory committee

36(1)       The minister may appoint an advisory committee to provide advice and recommendations to the minister about matters concerning the administration of the Act.

Terms of reference

36(2)       The minister may determine the terms of the reference and the procedures of an advisory committee.

Remuneration and expenses

36(3)       Members of an advisory committee may be paid expenses determined by the Lieutenant Governor in Council.

Authority of director to appoint agents

37(1)       Subject to the approval of the minister, the director may, by agreement in writing, appoint any qualified person or organization to act as the agent of the director to perform any responsibility or exercise any authorized action on behalf of the director under sections 13 to 24 with respect to a type of animal or to a geographic area as such agreement may specify on such terms and conditions as may be set out in the agreement including

(a) placing an animal with a caregiver;

(b) selling, giving away or destroying an animal;

(c) providing a notice to an owner;

(d) responding to an order of the minister; and

(e) dealing with costs of care and matters relating to costs of care.

Retention of monies by agent

37(2)       Notwithstanding The Financial Administration Act, the director may authorize an agent appointed under subsection (1) to retain as a fee for service and as reimbursement for expenses, all or a portion of the amount recovered by the agent from an owner of an animal that has been seized or taken into custody, or received from the sale of such an animal.

S.M. 2009, c. 4, s. 39.

Duty to provide information

37.1(1)     A requirement to report or provide information under this Act applies even if

(a) it requires the disclosure of personal information;

(b) it requires the disclosure of proprietary information or confidential information; or

(c) disclosure of the information is restricted by legislation or otherwise.

Persons reporting protected from liability

37.1(2)     No action or proceeding may be brought against a person who in good faith complies with a request or requirement to report or provide information under this Act.

S.M. 2009, c. 4, s. 40.

Immunity from action

38          No action or proceeding may be commenced against the minister, the director, an agent of the director, an animal protection officer, a caregiver, or a member of the appeal board or an advisory committee for any act done in good faith in the performance or intended performance of a responsibility or in the exercise or intended exercise of an authorized action under this Act, or for any neglect or default in the performance of a responsibility or the exercise of an authorized action in good faith.

S.M. 2009, c. 4, s. 41.

Regulations

39          The minister may make regulations

(a) designating an activity as an accepted activity;

(b) specifying standards or codes of conduct, criteria, practices or procedures as acceptable;

(c) specifying practices or procedures that are prohibited;

(d) establishing costs of care or a method for determining costs of care that are payable by the owner of an animal that has been seized or taken into custody under this Act;

(e) [repealed] S.M. 2009, c. 4, s. 42;

(f) for the purposes of the definition "commercial animals" in subsection 1(1), designating species or types of animals;

(g) respecting standards and requirements for the operation of commercial animal markets and commercial animal assembling stations, including standards or requirements relating to

(i) hygiene,

(ii) sanitation,

(iii) recordkeeping, and

(iv) the feeding, watering and handling of animals in those premises, and

requiring operators of those premises to comply with the standards and requirements;

(h) governing procedures for obtaining warrants under section 8 and subsection 10.3(2), including by telephone, fax or other methods of telecommunication;

(i) for the purpose of the definition "kennel" in subsection 25(2),

(i) for clause (a) of the definition, prescribing the number of companion animals, which may be different for different species or types of animals,

(ii) for subclause (a)(ii) of the definition, designating commercial enterprises that are exempt, and

(iii) for clause (b) of the definition, designating premises as kennels;

(j) for the purpose of the definition "companion animal breeding premises" in subsection 25.1(2), prescribing the number of female companion animals capable of reproduction, which may be different for different species or types of animals;

(k) respecting licensing under this Act, including

(i) the content of applications for licences,

(ii) the qualifications of, and requirements to be met by, applicants for and holders of licences,

(iii) information and records to be provided to the director by applicants for and holders of licences,

(iv) licence fees and exemptions from fees,

(v) bonds and other security, including the terms, conditions and amount of bonds or other security,

(vi) the records to be maintained by licence holders, including the length of time for which and the location at which records must be retained, and

(vii) licence suspensions and cancellations;

(l) respecting standards and requirements to be met by operators of companion animal breeding premises, companion animal retail stores and kennels, including

(i) the standards of design for the premises,

(ii) the standards of hygiene and sanitation required in the premises,

(iii) the standards or requirements for feeding and watering animals in the premises, and

(iv) health or disease prevention procedures that are required to be performed by the operators of the premises;

(m) respecting the register of persons who operate licensed premises referred to in section 29.1;

(n) respecting the conduct of appeals by the appeal board;

(o) exempting persons, premises or species or types of animals from this Act or certain provisions of it;

(p) respecting the manner of giving or providing any notice, order or other document under this Act;

(q) respecting transitional licensing provisions;

(r) defining any word or phrase used but not defined in this Act;

(s) respecting any matter that the minister considers necessary or advisable to carry out the purposes of this Act.

S.M. 2009, c. 4, s. 42.

C.C.S.M. reference

40          This Act may be referred to as chapter A84 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

41          This Act comes into force on a day fixed by proclamation.

NOTE: S.M. 1996, c. 69 came into force by proclamation on August 1, 1998.