Natural Resources
June 16, 2010
Minister Provides
Details of Proposed New Animal Health and Protection Act
After extensive consultations and a
review of animal welfare laws across the country, the Provincial
Government's proposed new Animal Health and Protection Act is now
before the House of Assembly.
"The new Animal Health and Protection
Act is comprehensive and provides the greatest protection possible
for animals in this province," said the Honourable Kathy Dunderdale,
Minister of Natural Resources and Minister Responsible for the Forestry
and Agrifoods Agency. "It includes stiffer penalties for those convicted
of distress and neglect of animals and we outline very clearly in the
act, as well as the regulations currently being developed, what
constitutes inappropriate and illegal treatment of animals."
The new act includes fines of up to
$50,000 at the judge's discretion, as well as a lifetime ban on animal
ownership if a court determines a case warrants it. Under current
legislation, fines range between $50 and $200 for first and second
offences, and between $200 and $500 for a third offence. The new act
also protects animals from distress, with distress defined as "being
in need of proper care, water, food, shelter, being sick, injured,
abused or in pain, or of suffering undue or unnecessary hardship,
privation or neglect."
The Provincial Government announced in
April 2009 the review of the six existing live animal statutes (the
Animal Protection Act, Dog Act, Heritage Animals Act, Livestock Act,
Livestock Health Act and Poultry and Poultry Products Act)
with the aim of consolidating all of those into one comprehensive
Animal Health and Protection Act. Much of the former legislation was
introduced in the 1970s and has not been updated.
The act is a result of consultations with
the Society for the Prevention of Cruelty to Animals, municipalities,
representatives of the livestock industry, the veterinary medical
association and the public.
"Through this process, we listened to
suggestions from groups such as the SPCA and the City of St. John's for
more up-to-date animal welfare provisions," said Minister Dunderdale.
"The review reflected recent concerns that were raised publicly relating
to the enforcement of animal protection legislation and stiffer
penalties. After consulting widely and considering the submissions
received, we believe we have developed the best legislation possible to
provide greater protection to animals."
Under the new act, the Minister of
Natural Resources has the authority to designate inspectors for
enforcement. No new inspectors will be appointed until a mandatory
training program is developed and new inspectors trained. Those already
designated as special constables will continue as inspectors when the
new act is proclaimed, until such time as training is available.
The regulations currently being developed
to accompany the new act will also address issues related to tethering
and define what is and isn't acceptable, such as the amount of time an
animal is tethered. The regulations may allow for tickets to be issued
for such actions as not keeping a dog safely tethered or penned, or
having an animal in the trunk of a vehicle.
"Our new legislation ensures proper
animal treatment and humane handling, minimizes risks within the
industry and ensures the proper regulations are in place to contribute
to the continued growth of the agriculture industry and the protection
of live animals," Minister Dunderdale said. "The new act is contemporary
and reflective of issues and concerns in regard to treatment of animals.
The act demonstrates our government's commitment to animal health and
protection."
Details of the new Animal Health and
Protection Act are available on the House of Assembly website
www.assembly.nl.ca/business/bills/ga46session3.htm. The act and
regulations will come into force once the regulations are complete. For
additional information, please contact Dr. Hugh Whitney, Chief
Veterinary Officer, at 709-729-6879.
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Media contact:
Ken Morrissey
Director of Communications
Department of Natural Resources
709-729-5282, 685-6612
kenmorrissey@gov.nl.ca
BACKGROUNDER
Highlights of the Proposed Animal Health and Protection Act
Stiffer Penalties and Greater Animal
Protection
- It provides for stiffer penalties
for those individuals convicted under the act, including fines up to
$50,000 and imprisonment of up to six months, or both, and a
lifetime ban on animal ownership if sufficient to warrant it.
- Under the new act, directors and
officers of corporations such as farms and pet stores can be banned
from owning animals if convicted of animal abuse. The act allows the
regulations to set out certain contraventions of the Act and
regulations to be ticketable offences. This may include such actions
as allowing your animal to cause a hazard, not keeping a dog safely
tethered or penned, or having an animal in the trunk of a vehicle.
- National codes of practice will be
used to set out standards of care for certain animals.
- The regulations that will be
developed to accompany the act will further define what is and isn't
acceptable for tethering, such as the amount of time. The use of
choke collars or choke chains, as well as the use of ropes or cords
around an animal's neck, if the animal is attached to a fixed
object, is restricted under the act.
- Dogs must be safely tethered or
penned unless held on a leash by a person capable of restraining its
movements, being used for lawful hunting or herding sheep, or other
purposes that may be defined by regulation. A dog may be kept in a
yard if it is safely fenced with no ability to escape.
- The new act contains a general
statement to legally protect animals from distress. Distress is
defined as "the state of being in need of proper care, water,
food or shelter, being sick, injured, abused or in pain or of
suffering undue or unnecessary hardship, privation or neglect."
The previous definition did not include references to water or
abuse.
- Animal owners must provide adequate
care, food, water and shelter for their animal. If an inspector has
reasonable grounds to believe an animal is in distress, the
inspector must try to find the owner and obtain the owners
cooperation to relieve the animal from distress. If the owner is not
found or if the owner is unable or unwilling to relieve the animal
of its distress, an inspector can take custody of the animal.
Charges can be laid in such cases, where warranted.
- The act specifies that animals
cannot be maintained or used for fighting purposes; animals cannot
be transported in the back of an open vehicle unless securely
attached; animals cannot be confined in an enclosed space without
adequate ventilation (for example, a vehicle with the windows closed
for an extended period of time), and animals cannot be transported
in the trunk of a vehicle.
- It will now also be an offence to
harm animals used for enforcement purposes, such as horses or dogs,
by the police.
Reporting Abuse and Enforcement
- Veterinarians will now be required
to report suspected cases of abuse to the Chief Veterinary Officer
and be legally protected from recourse for doing so, unless the
information was provided falsely or maliciously.
- The new act permits an inspector to
enter any place other than a dwelling where animals are kept for
sale, hire, exhibition, sport, boarding, breeding, training or other
commercial purposes, without a warrant, during normal business
hours, to ensure compliance with the Act.
- Circuses will not be banned, but
they will be required to meet the appropriate codes of practice,
which will be based on requirements of the Canadian Association of
Zoos and Aquariums.
Nuisance Animals
- The new act allows for certain
offences to be declared as ticketable in the regulations such
actions as allowing your animal to cause a hazard or for not keeping
a dog safely tethered or penned.
Inspectors and Volunteers
- As is common in most provinces,
volunteers will continue to be used as enforcement agents. The
Minister of Natural Resources can appoint as inspectors volunteers
with the Society for the Prevention of Cruelty to Animals, as well
as municipal employees.
- As is common in most provinces, the
use of volunteers as enforcement agents will continue. The
Department of Natural Resources will provide training and appoint
inspectors for specific purposes under the Act. For example, for the
animal protection part of the act, volunteer inspectors may be
limited to companion animals and municipal inspectors limited within
their municipality.
- A training program is a requirement
of all inspectors, and is free of charge. Any agency requesting
authority to enforce animal protection provisions must fund their
own activities. No new inspectors will be named until the training
program is delivered. Those already designated as special constables
under the previous Animal Protection Act will continue as inspectors
under the new act for Animal Protection.
Fur Industry
- Regulations for the fur industry are
currently being drafted.
- For additional information, visit
www.gov.nl.ca/nr/ or contact
Dr. Hugh Whitney, Chief Veterinary Officer, at 709-729-6879.
2010 06 16
9:30 a.m.
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