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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 | |