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S.M. 2009, c. 40
Bill 238, 3rd Session, 39th Legislature
The Service Animals Protection Act
(Assented to October 8, 2009)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act, "service animal" means an animal
(a) trained to be used by a person with a disability for reasons relating to his or her disability;
(b) trained to be used by a peace officer in the execution of his or her duties; or
(c) trained to be used by a person who is authorized by a peace officer to assist peace officers in their duties.
Offence — person interfering with service animal
No person shall touch, feed, impede or interfere with a service animal, without lawful excuse or authority.
Offence — person allowing animal to interfere with service animal
No person who owns an animal or has possession or control of an animal shall allow that animal to touch, impede or interfere with a service animal, without lawful excuse or authority.
A person who contravenes section 2 is guilty of an offence and liable on summary conviction
(a) for a first offence, to a fine of not more than $5,000; and
(b) for a second or subsequent offence, to a fine of not more than $10,000.
If a justice finds a person guilty of an offence under subsection 2(2), the justice may, in a probation order and in addition to any other penalty, prescribe that the person attend animal obedience training with the animal that touched, impeded or interfered with the service animal.
In addition to a penalty under section 3, the justice who convicts the person may order that the person pay compensation to the owner of the service animal, or any other person, for loss or damage suffered by the owner or other person as a consequence of the commission of the offence, in an amount that the court may determine.
Order filed in Court of Queen's Bench
The owner or other person to whom compensation is payable under an order made under subsection (1) may file a certified copy of the order in the Court of Queen's Bench. Once filed, it may be enforced as an order of that court.
A prosecution under this Act may not be commenced later than one year after the day the alleged offence was committed.
This Act may be referred to as chapter S90 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.