C.C.S.M. c. A84
The Animal Care Act
Table of Contents
PART 1 | ||
INTRODUCTORY PROVISIONS | ||
DEFINITIONS | ||
1 | Definitions | |
(2) | Reference to "Act" includes regulations | |
1.1 | Delegation by director | |
PART 2 | ||
PROTECTION OF ANIMALS | ||
2 | Duties of owner | |
(2) | Standards for essentials | |
3 | Infliction of suffering prohibited | |
(2) | Accepted activity re suffering | |
4 | Accepted activities | |
(2) | Standards for accepted activities | |
5 | Prohibited practices and procedures | |
5.1 | Prohibition re transporting unfit animals | |
(2) | Exception | |
5.2 | 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 | Animal in distress | |
(2) | Accepted activity re distress | |
ANIMAL PROTECTION OFFICERS AND THEIR POWERS |
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7 | Appointment of animal protection officers | |
(2) | Certificate to be provided | |
(3) | Certificate to be produced | |
8 | 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 | Care, seizure or order re distressed animal | |
(2) | Notification re wildlife | |
10 | Destruction of animal | |
(2) | Notification of owner | |
DIRECTOR'S ORDER TO TAKE ACTION | ||
10.1 | 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 |
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10.2 | Application for order — restricting ownership of animals | |
(2) | Order | |
ENFORCING ORDERS | ||
10.3 | Entry and inspection to enforce orders | |
(2) | Warrant to enter and inspect | |
10.4 | Seizing animals for non-compliance with order | |
(2) | Act applies if animal seized | |
TAKING ABANDONED ANIMALS INTO CUSTODY |
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10.5 | Abandoned animals taken into custody | |
11 and 12 | [Renumbered as sections 8.1 and 8.2] | |
CAREGIVERS | ||
13 | Placement with caregiver | |
(2) | Provision of care | |
(3) | Changing caregiver | |
(4) | Duty to notify director | |
PART 4 | ||
DISPOSING OF SEIZED AND ABANDONED ANIMALS |
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COMMERCIAL ANIMALS | ||
14 | Notice to owner of right to appeal | |
(2) | Commercial animal may be sold if no appeal | |
(3) | If owner not located | |
15 | 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 | Companion animal may be sold | |
(2) | Notice to owner | |
18 | 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 | Owner liable for costs | |
(2) | Statement of account | |
(3) | Waiving payment of costs | |
22 | Objection to amount claimed | |
(2) | Time for application | |
22.1 | Disposition for failure to pay costs | |
23 | Proceeds of sale | |
(2) | Care costs in excess of proceeds of sale | |
(3) | Creditor rights | |
(4) | Sale proceeds where owner unknown | |
24 | Costs recoverable as debt due | |
(2) | Lien on animal | |
PART 5 | ||
COMPANION ANIMALS — LICENSING OF KENNELS, BREEDERS AND RETAIL STORES |
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25 | Kennel licences | |
(2) | Definition | |
25.1 | Companion animal breeding premises licences | |
(2) | Definition | |
(3) | Female companion animal deemed capable of reproduction | |
(4) | Exception | |
25.2 | Companion animal retail store licences | |
(2) | Definition | |
26 and 27 | [Repealed] | |
28 | Licence application | |
(2) | Further information may be requested | |
(3) | Security | |
(4) | Requirements for security | |
29 | 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 | Term of licence | |
(2) | Licence not transferable | |
32 | Suspension or cancellation of licence | |
33 | Appeal | |
(2) to (5) | [Repealed] | |
(6) | Decision | |
(7) | [Repealed] | |
(8) | Director to comply | |
PART 6 | ||
APPEALS | ||
APPEAL BOARD | ||
33.1 | Appeal board | |
33.2 | 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 | 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 | Order of the board | |
(2) | Order given to the parties | |
(3) | Order final and binding | |
PART 7 | ||
GENERAL PROVISIONS | ||
34 | Offences | |
(2) | Directors and officers of corporations | |
35 | Prohibition of ownership | |
(2) | [Repealed] | |
35.1 | Time limit for prosecution | |
36 | Advisory committee | |
(2) | Terms of reference | |
(3) | Remuneration and expenses | |
37 | Authority of director to appoint agents | |
(2) | Retention of monies by agent | |
37.1 | 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 |