3rd Session, 43rd Legislature

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Bill 19

THE ANIMAL CARE AMENDMENT ACT

(Assented to                                         )

HIS 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   Subsection 1(1) is amended

(a) by adding the following definition:

"accepted activity" means an activity that is accepted as set out in section 4; (« activité acceptée »)

(b) in the definition "licence", by striking out "this Act" and substituting "section 24.2".

3   Clause 2(2)(a) is replaced with the following:

(a) consistent with the regulations, including any applicable code, standard or guideline adopted or incorporated by reference in the regulations;

4   Clause 4(2)(a) is replaced with the following:

(a) consistent with the regulations, including any applicable code, standard or guideline adopted or incorporated by reference in the regulations;

5   Section 5 is amended

(a) in the section heading, by striking out "practices" and substituting "activities, practices"; and

(b) by striking out "a practice or procedure" and substituting "an activity, practice or procedure".

6(1)   Subclause 8(1)(a)(ii) is amended by striking out everything after "accepted activity".

6(2)   The following is added after subsection 8(1):

Authority to enter dwelling place

8(1.1)   Despite subsection (1), an inspector may not enter a dwelling place except with the consent of the owner or occupant or under the authority of a warrant.

7(1)   Subsection 10.2(1) is replaced with the following:

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 the director believes on reasonable grounds that

(a) the owner is not able to carry out the owner's duties under this Act because the number or type of animals owned, possessed or controlled by the owner exceeds the owner's ability to do so; or

(b) the owner is not, or may not be, able to carry out the owner's duties under this Act because the circumstances described in clause (a) previously existed and continue to exist or may exist again.

7(2)   Subsection 10.2(2) is replaced with the following:

Order

10.2(2)   On an application under subsection (1), a justice may make one or more of the following orders:

(a) declaring a person to be the owner of an animal for the purpose of this Act;

(b) 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;

(c) directing that any animal owned, possessed or controlled by the owner at the time the order is made becomes the property of the Crown and may be dealt with or disposed of in any manner that the director considers appropriate;

(d) directing that any animal owned, possessed or controlled by the owner at the time the order is made be returned to the owner, subject to

(i) any prohibition imposed by an order made under clause (b), and

(ii) any other condition the justice considers appropriate, including the following:

(A) that the animal be spayed or neutered,

(B) that the owner provide any medical care that the director considers appropriate.

7(3)   The following is added after subsection 10.2(2):

Application to be heard on urgent basis

10.2(3)   An application for an order under subsection (1) must be heard on an urgent basis and in an expeditious manner. The justice must have regard for the circumstances relating to the application and the costs of care for any animal subject to the application.

Service of order

10.2(4)   The order must be served on the owner in accordance with the regulations.

Motion to vary order

10.2(5)   On motion by the director, any justice may vary the terms of the order.

8   The following is added after section 10.2 and before the centred heading that follows it:

Interim preservation order

10.2.1(1)   On motion by the director, a justice may make one or more of the following interim orders in respect of any animal owned, possessed or controlled by an owner subject to proceedings under section 10.2:

(a) an order restraining the disposition of the animal;

(b) an order for the possession, delivery or safekeeping of the animal;

(c) any other order respecting the preservation, management or disposition of the animal that the justice considers appropriate.

Grounds for order

10.2.1(2)   Unless it would clearly not be in the public interest, the justice must make an order under subsection (1) if the justice is satisfied that the grounds for an order under section 10.2 constitute a serious question to be tried.

Motion made without notice

10.2.1(3)   An order under subsection (1) may be made on motion without notice. If it is made without notice, the term of the order must not exceed 60 days.

Justice may grant extension

10.2.1(4)   Subject to subsection (5), the justice may grant one or more extensions to an order made under subsection (1) as follows:

(a) if the order has not been served, on motion of the director, without notice, for a further period not exceeding 60 days after the date the extension is granted;

(b) if the order has been served, on motion of the director for a further period until the proceedings under section 10.2 are concluded or the justice orders otherwise.

Motion for extension requires notice

10.2.1(5)   If an order under subsection (1) is made on a motion without notice, a motion to extend the order may be made only on notice to every party to the proceeding unless the court is satisfied that because a party has been evading service or because there are other exceptional circumstances the order ought to be extended without notice to that party.

Service of order

10.2.1(6)   The order must be served on the owner in accordance with the regulations.

Appeal to the Court of Appeal

10.2.2(1)   A person affected by an order made under section 10.2 may appeal to the Court of Appeal, but only on a question of law or jurisdiction and by leave of a judge of the Court.

Time for appeal

10.2.2(2)   An appeal under subsection (1) must be commenced within seven days after receiving a copy of the order.

Order not stayed

10.2.2(3)   An appeal of an order under section 10.2 does not stay the operation of the order.

9   Subsection 10.3(1) is amended, in the part before clause (a), by striking out "subsection 10.1(1) or 10.2(2)" and substituting "subsection 10.1(1), 10.2(2) or 10.2.1(1)".

10   Clause 10.4(1)(a) is amended by striking out "subsection 10.1(1)" and substituting "subsection 10.1(1) or 10.2.1(1)".

11   The following is added as Part 4.1:

PART 4.1
LICENCE FOR THE SALE OR TRANSFER OF PET ANIMALS

Definition — "pet animal"

24.1   In this Part, "pet animal" means a prescribed type or class of companion animal.

No sale or transfer of pet animal without licence

24.2   Unless exempted by regulation, a person must not do any of the following except as authorized by a licence:

(a) sell, lease or otherwise provide a pet animal for consideration to a person;

(b) give, transfer ownership of or responsibility for or otherwise provide a pet animal without consideration to a person;

(c) advertise a pet animal for a purpose described in clause (a) or (b) by any means, including electronic means.

Licence application

24.3   An application for a licence may be made by providing to the director, in accordance with the regulations,

(a) an application in the form approved by the director;

(b) the prescribed information; and

(c) any additional information requested by the director.

Terms and conditions

24.4(1)   Each licence is subject to

(a) the prescribed terms and conditions on the licence;

(b) the terms and conditions imposed on the licence by the director at the time that the licence is issued; and

(c) any additional terms and conditions imposed on the licence under subsection (2).

Director may add, rescind or vary terms and conditions

24.4(2)   The director may impose additional terms and conditions on the licence after it is issued, or at any time rescind or vary terms and conditions imposed by the director.

Director may refuse to issue licence

24.5(1)   The director may refuse to issue a licence to an applicant who

(a) fails to meet any requirement of this Act;

(b) fails to provide any information required by this Act or the director in support of the application; or

(c) provides incomplete, false, misleading or inaccurate information in support of the application.

Additional reason to refuse to issue licence

24.5(2)   In addition, the director may refuse to issue a licence if the director is satisfied that the applicant will not comply with this Act, having regard to the past conduct of the applicant or a person with a significant interest in the applicant, within the meaning of the regulations.

Director may refuse to extend period of validity

24.5(3)   The director may extend or refuse to extend the period for which a licence is valid.

Cancellation or suspension

24.6   The director may cancel or suspend a licence

(a) for any reason for which the director may refuse to issue the licence;

(b) if the licence holder fails to provide any record or information as required by this Act to the director or an animal protection officer;

(c) if the licence holder provides incomplete, false, misleading or inaccurate information to the director or an animal protection officer;

(d) if the licence holder contravenes this Act;

(e) if the licence holder has been found guilty of an offence under any enactment or the Criminal Code (Canada) relating to the treatment or wrongful possession of an animal; or

(f) for any other prescribed reason.

Director must give notice to licence holders

24.7(1)   The director must give the applicant or the licence holder written notice of the following:

(a) a refusal

(i) to issue the licence, or

(ii) to extend the period for which the licence is valid;

(b) the terms and conditions, if any, imposed on the licence;

(c) the cancellation or suspension of the licence.

Notice

24.7(2)   A notice given under subsection (1) must include written reasons for the refusal or action taken by the director.

Decision is final

24.8   A decision of the director to refuse to issue or extend, cancel or suspend a licence, or impose terms and conditions on a licence, is final and is not subject to appeal.

COMPLIANCE

Licence holder must comply with Act and terms and conditions

24.9   A licence holder must comply with this Act and the terms and conditions of the licence.

Records and reports

24.10(1)   A licence holder or former licence holder must, in accordance with the regulations,

(a) make and maintain records related to the holder's activity under the licence and provide any such record to the director or an animal protection officer on request; and

(b) prepare reports related to the holder's activity under the licence and any other prescribed matter and submit them to the director.

Licence holder to provide information

24.10(2)   A licence holder or former licence holder must provide, on the written request of the director or an animal protection officer, any other information related to the licence and any activity undertaken under the licence.

Licence holder must pay fees

24.11   A licence holder must pay the prescribed application, annual or other fees, if any, for the licence in accordance with the regulations.

Licence not transferable

24.12   A licence is not transferable or assignable.

Licence must be displayed

24.13   A licence holder must post or display their licence in accordance with the regulations.

Registry of licence holders

24.14   The director may, in accordance with the regulations,

(a) establish and maintain a registry of licence holders, which may be in electronic form and may include personal information; and

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

12   Part 5 is repealed.

13   Section 34 is replaced with the following:

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 conviction

(a) for a first offence, to a fine of not more than $20,000, or to imprisonment for a term of not more than 12 months, or both; and

(b) for a subsequent offence, to a fine of not more than $100,000, or to imprisonment for a term of not more than two years, or both.

Liability of corporate directors or officers

34(2)   If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.

14(1)   Section 39 is amended

(a) by replacing clause (c) with the following:

(c) prohibiting activities, practices or procedures involving animals;

(b) by repealing clauses (i) and (j);

(c) by replacing clause (k) with the following:

(k) respecting licensing the sale or transfer of pet animals, including specifying

(i) exemptions from licensing requirements,

(ii) the content of applications for licences,

(iii) the qualifications of, and requirements to be met by, applicants and licence holders,

(iv) information and records to be provided to the director by applicants and licence holders,

(v) licence fees and exemptions from fees, including application fees and annual fees,

(vi) the terms and conditions of licences,

(vii) the posting or display of licences,

(viii) 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

(ix) licence refusals, suspensions and cancellations;

(k.1) respecting the registry of licence holders referred to in section 24.14;

(d) by repealing clauses (l) and (m); and

(e) by adding the following after clause (q):

(q.1) prescribing anything referred to in this Act as being prescribed;

14(2)   Section 39 is further amended by renumbering it as subsection 39(1) and adding the following as subsections 39(2) and (3):

General or specific application

39(2)   A regulation under this section

(a) may be general or specific in its application; and

(b) may establish classes and may apply differently for different classes.

Incorporation of codes and standards

39(3)   A regulation under this section may adopt or incorporate by reference, with any changes that the minister considers appropriate, all or part of a code, standard, guideline, practice or procedure, as amended before or after the making of the regulation and relating to the subject matter of the Act, whether the code, standard, guideline or procedure is promulgated by any governmental authority or by any association or other body of persons.

S.M. 2017, c. 40 (unproclaimed provision repealed)

15   Section 81 of The Budget Implementation and Tax Statutes Amendment Act, 2017, S.M. 2017, c. 40, is repealed.

Coming into force

16   This Act comes into force on a day to be fixed by proclamation.