Français

This is an unofficial version. If you need an official copy, use the bilingual (PDF) version.

Search this document and show paragraphs with hits

You can use wild cards:

'*' allows for 0 or more characters (eg. ceas* will match 'cease', 'ceased', 'ceasing' and 'ceases')

'?' allows for 0 or 1 character (eg. cease? will match 'cease', 'ceases' and 'ceased', but not 'ceasing')

This search is not case sensitive.


S.M. 2022, c. 54

Bill 213, 5th Session, 42nd Legislature

The Animal Care Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Animal Care Act to prohibit leaving a companion animal, such as a dog, in an unattended vehicle if the temperature in the vehicle is dangerously hot or cold for the animal.

If the exterior temperature is more than 22 degrees C or less than -10 degrees C, it is presumed that the temperature inside the vehicle is dangerous for the animal.

An officer is authorized to use force to enter a locked vehicle to remove an animal if they use the minimum necessary force, report the entry to an animal protection officer and remain with the animal until an animal protection officer arrives on the scene or provides instructions.

(Assented to December 1, 2022)

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   The following is added after section 5.3 and before Part 3:

Companion animals in unattended vehicles

5.4(1)   A person must not leave a companion animal in an unattended vehicle if the temperature in the vehicle is so high or so low as to endanger the health of the animal.

Presumption

5.4(2)   For the purpose of subsection (1), unless a vehicle's climate control system is active, there is a presumption that the temperature in the vehicle is

(a) so high as to endanger the health of the animal if the ambient temperature outside the vehicle is more than 22 degrees C; and

(b) so low as to endanger the health of the animal if the ambient temperature outside the vehicle is less than -10 degrees C.

Entering vehicle by force

5.4(3)   Subject to subsection (4), an officer who has reason to believe that a companion animal is in an unattended vehicle that is locked in circumstances where the temperature in the vehicle is so high or so low as to endanger the health of the animal may enter a vehicle by force for the purpose of removing the animal from the vehicle.

Conditions for entering vehicle by force

5.4(4)   An officer may take action under subsection (3) if

(a) the officer has determined that the vehicle is locked and there are no other reasonable means of removing the animal from the vehicle;

(b) the officer notifies an animal protection officer before or immediately after entering the vehicle;

(c) the officer uses no more force than necessary to enter the vehicle and remove the animal; and

(d) the officer

(i) remains with the animal, reasonably close to the vehicle, until an animal protection officer arrives, or

(ii) complies with any alternate instructions received by an animal protection officer by telephone or other electronic means.

Powers of animal protection officer not restricted

5.4(5)   For certainty, subsections (3) and (4) do not restrict the powers of an animal protection officer under Part 3.

Definition of "officer"

5.4(6)   In this section, "officer" means

(a) a conservation officer as defined in The Conservation Officers Act;

(b) a person appointed or designated under The Municipal Act or The City of Winnipeg Charter to enforce municipal offences;

(c) an officer as defined in The Provincial Parks Act; or

(d) any other person or class of person designated in the regulations.

3   Section 38 is amended by adding ", an officer as defined in section 5.4" after "animal protection officer".

4   The following is added after clause 39(g):

(g.1) designating any other person or class of person as an "officer" for the purpose of section 5.4;

Coming into force

5   This Act comes into force on the day it receives royal assent.