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S.M. 1996, c. 69
THE ANIMAL CARE ACT
(Assented to November 19, 1996)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
DEFINITIONS
In this Act,
"animal" means a non-human living being with a developed nervous system; (« animal »)
"animal protection officer" means a person appointed as an animal protection officer under this Act and any police officer; (« agent de protection des animaux »)
"breeding premises" means any premises where more than all or part of two litters of dogs or cats are raised in any year; (« lieux d'élevage »)
"care" means action taken to relieve the distress of an animal and includes providing food, water, shelter and medical attention; (« soins »)
"caregiver" means a person or organization selected by an animal protection officer to provide care to a seized animal; (« pourvoyeur de soins »)
"cat" means any member of the genus Felis domesticus; (« chat »)
"commercial animals" include
(a) horses, cattle, sheep, swine and live poultry,
(b) wildlife that is not the property of the Crown under The Wildlife Act,
(c) animals of a type usually raised for meat production, production of products from the animals, or breeding, and
(d) any four or more animals of the same species that are not part of the same litter and that are found in the same place; (« animaux commerciaux »)
"commercial breeding premises" means breeding premises that are not hobby breeding premises; (« lieux d'élevage commercial »)
"companion animal" means an animal that is not a commercial animal; (« animal de compagnie »)
"costs of care" means any amount established in the regulations to be costs of care or, where no such amount is established, any reasonable and necessary costs incurred under this Act to seize, transport, provide care to, sell, or destroy an animal; (« frais d'entretien »)
"court" means the Court of Queen's Bench; (« tribunal »)
"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act; (« directeur »)
"dog" means any member of the genus Canis familiaris; (« chien »)
"hobby breeding premises" means breeding premises where
(a) fewer than all or part of five litters of dogs or cats are raised in any year, and
(b) at all times fewer than the number of dogs and cats prescribed in the regulations are kept; (« lieux d'élevage domestique »)
"kennel" means premises where more than the number of dogs and cats prescribed in the regulations are kept; (« chenil »)
"licence" means a licence to operate a breeding premises or kennel issued under this Act; (« permis »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"needless suffering" means suffering that is not inevitable or intrinsic to an accepted activity; (« souffrance inutile »)
"owner" includes a person
(a) having the possession or control of an animal, or
(b) occupying premises containing the animal,
immediately prior to the seizure of the animal under this Act; (« propriétaire »)
"person" includes a partnership and unincorporated association; (« personne »)
"police officer" means a member of the Royal Canadian Mounted Police or a municipal police force; (« agent de police »)
"regulations" means the regulations made under this Act. (« règlements »)
Reference to "Act" includes regulations
In this Act, a reference to "this Act" includes the regulations made under this Act.
PROTECTION OF ANIMALS
A person who has ownership, possession or control of an animal
(a) shall ensure that the animal has an adequate source of food and water;
(b) shall provide the animal with adequate medical attention when the animal is wounded or ill;
(c) shall provide the animal with reasonable protection from injurious heat or cold; and
(d) shall not confine the animal to an enclosure or area
(i) with inadequate space,
(ii) with unsanitary conditions,
(iii) with inadequate ventilation, or
(iv) without providing an opportunity for exercise,
so as to significantly impair the animal's health or well-being.
A person shall not be convicted of an offence under subsection (1) for treating an animal in a manner
(a) consistent with a standard or code of conduct, criteria, practice or procedure specified as acceptable in the regulations;
(b) consistent with generally accepted practices or procedures for such activity; or
(c) otherwise reasonable in the circumstances.
Infliction of suffering prohibited
No person shall inflict upon an animal acute suffering, serious injury or harm, or extreme anxiety or distress that significantly impairs its health or well-being.
Accepted activity re suffering
Subsection (1) does not apply where the suffering, injury, harm, anxiety or distress is caused by a treatment, process, or condition that occurs in the course of an accepted activity.
Subject to subsection (2), for the purposes of this Act, an accepted activity includes the following activities
(a) agricultural uses of animals;
(b) exhibitions and fairs;
(c) zoological displays;
(d) animal slaughter;
(e) medical care;
(f) animal discipline and training;
(g) protection of people or property;
(h) sporting events;
(i) fishing and hunting;
(j) trapping;
(k) research and teaching involving animals;
(l) pest control;
(m) control of predators;
(n) euthanasia of animals;
(o) any other activity designated by the regulations as an accepted activity.
Standards for accepted activities
An activity is an accepted activity under subsection (1) only if it is carried out in a manner
(a) consistent with a standard or code of conduct, criteria, practice or procedure specified as acceptable in the regulations;
(b) consistent with generally accepted practices or procedures for such activity, and that does not cause needless suffering; or
(c) that is otherwise reasonable in the circumstances, and that does not cause needless suffering;
and is not a practice or procedure specified as prohibited in the regulations.
Prohibited practices and procedures
No person shall engage in a practice or procedure specified as prohibited in the regulations.
INTERVENTION
Subject to subsection (2), for the purposes of this Act, an animal is in distress if it is
(a) subjected to conditions that, unless immediately alleviated, will cause the animal death or serious harm;
(b) subjected to conditions that cause the animal to suffer acute pain;
(c) not provided food and water sufficient to maintain the animal in a state of good health;
(d) not provided appropriate medical attention when the animal is wounded or ill;
(e) unduly exposed to cold or heat; or
(f) subjected to conditions that will, over time, significantly impair the animal's health or well-being, including
(i) confinement in an area of insufficient space,
(ii) confinement in unsanitary conditions,
(iii) confinement without adequate ventilation,
(iv) not being allowed an opportunity for adequate exercise, and
(v) conditions that cause the animal extreme anxiety or distress.
For the purposes of this Act, an animal shall not be considered to be in distress as a result of any treatment, process, or condition that occurs in the course of an accepted activity.
Appointment of animal protection officers
The minister may, on such terms and conditions as the minister may specify, appoint any person as an animal protection officer under this Act.
The minister shall provide an animal protection officer with a certificate of appointment.
An animal protection officer carrying out a responsibility or authorized action under this Act shall produce his or her certificate of appointment when requested to do so.
Entry and inspection of places and vehicles
An animal protection officer may, at any reasonable time and where reasonably required to determine compliance with this Act,
(a) enter and inspect any place that is not a dwelling place, or stop and inspect any vehicle, in which the animal protection officer believes on reasonable grounds there is a companion animal in distress or a commercial animal;
(b) open any receptacle, package, cage or thing found by the animal protection officer that the animal protection officer believes on reasonable grounds contains a companion animal in distress or a commercial animal; and
(c) conduct such examination of an animal found in the place or vehicle as may be required to determine compliance with this Act.
Assistance to animal protection officer
The owner or person in charge of a place entered by an animal protection officer under this section, and any person found in that place, shall
(a) give the animal protection officer all reasonable assistance to enable the animal protection officer to carry out any authorized action under this Act; and
(b) furnish the animal protection officer with any information he or she may reasonably require to carry out any authorized action under this Act.
Where an animal protection officer signals or requests a person driving a vehicle to stop, the person shall immediately bring the vehicle to a stop and shall not proceed until permitted to do so by the animal protection officer.
Animal in dwelling to be produced
An animal protection officer may, at any reasonable time and where reasonably required to determine compliance with this Act,
(a) enter onto the land on which a dwelling place is located;
(b) require any person in the dwelling place to produce any animal in that dwelling place for examination; and
(c) once the animal is produced, conduct such examination of the animal as may be required to determine compliance with this Act.
Warrant to search and seize re offence
A justice who is satisfied by information on oath that there are reasonable grounds to believe that
(a) an offence under this Act has been committed or is being committed; and
(b) there is to be found in any place any animal or thing that will afford evidence in respect of the commission of an offence;
may at any time issue a warrant authorizing an animal protection officer and any other person named in the warrant, together with such police officers as are required to assist, to enter and search the place for the animal or thing and to seize it and to bring it before a justice or to report on it to a justice to be dealt with according to the law.
An animal protection officer who has seized an animal under subsection (5) may subsequent to the seizure deal with the animal in any manner authorized under this Act.
Warrant to enter dwelling re animal in distress
A justice who is satisfied by information on oath that there are reasonable grounds to believe that there is an animal in distress in a dwelling place and that
(a) a reasonable unsuccessful effort to enter the dwelling place has been made; or
(b) there are reasonable grounds to believe that entry would be denied without a warrant;
may at any time issue a warrant authorizing an animal protection officer and any other person named in the warrant, with such police officers as are required to assist, to enter and search the dwelling place for the animal and to take such action in relation to the animal as an animal protection officer may take under this Act.
A police officer may take any action authorized under subsection (5) or (7) without a warrant if conditions for obtaining a warrant under subsection (5) or (7) exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.
Duty to notify absent occupant
An animal protection officer who enters an unoccupied place under this section shall leave in the place a notice indicating the animal protection officer's name, the time of entry and the reason for entry.
Care or seizure of animal in distress
An animal protection officer who discovers an animal that the animal protection officer believes on reasonable grounds to be in distress may provide any care the animal protection officer considers necessary to relieve the animal's distress, or may seize the animal.
Where an animal to which subsection (1) applies is wildlife under The Wildlife Act, the animal protection officer shall notify an officer under The Wildlife Act of the animal in distress.
If a seized animal is, in the opinion of
(a) a veterinarian;
(b) two other individuals, if a veterinarian is not readily available on a timely basis; or
(c) an animal protection officer, if neither a veterinarian or two other individuals are readily available on a timely basis;
in such distress that it would be inhumane to allow the animal to continue to live, an animal protection officer may destroy the animal or cause the animal to be destroyed.
An animal protection officer who provides care to or seizes an animal under subsection 9(1) or destroys an animal under subsection (1) shall take reasonable steps to locate the owner of the animal as soon as reasonably practicable and to advise the owner that the animal was found to be in distress and of any action taken by the animal protection officer in respect to the animal.
An animal protection officer may use whatever force is reasonably necessary to execute a warrant or to carry out an authorized action under this Act.
No person shall obstruct or hinder or make a false or misleading statement to an animal protection officer who is carrying out an authorized action under this Act.
DEALING WITH SEIZED ANIMALS
An animal protection officer who seizes an animal under subsection 9(1) may act as a caregiver or may put the animal under the control of a caregiver.
A caregiver may provide such care to a seized animal as the caregiver considers reasonable in the circumstances or as may be directed by the director.
The director or an animal protection officer may remove an animal from the control of a caregiver and put the animal under the control of a different caregiver or otherwise deal with the animal in accordance with this Act.
When an animal protection officer
(a) provides care to or seizes an animal under subsection 9(1);
(b) destroys an animal under subsection 10(1); or
(c) puts an animal under the control of a caregiver under this section;
the animal protection officer shall, within a period of time and in a form as may be required by the director, notify the director of such action.
The director may sell, give away or destroy a commercial animal that has been seized under subsection 9(1) if
(a) seven days have elapsed since the seizure of the animal; and
(b) the owner of the animal has not delivered an objection to the minister under subsection 15(1) and served a copy of the notice on the director.
The owner of a commercial animal that has been seized under subsection 9(1) may, by delivering to the minister, a written notice of objection, request that the minister order
(a) that the animal be returned to the owner;
(b) that the animal be maintained in the manner set out in the notice of objection, and not be sold, given away, or destroyed; or
(c) that the animal be sold or disposed of in the manner set out in the notice of objection.
A notice of objection under subsection (1) shall be delivered to the minister and a copy served on the director within seven days of the seizure of the animal.
The minister may order that the director deal with a commercial animal referred to in a notice of objection under subsection (1) in such manner as the minister considers appropriate.
The minister shall notify the owner in writing of the order made under subsection (3).
Where the minister has made an order under subsection (3), the director shall deal with the animal in the manner ordered.
Companion animal shall be returned
A companion animal that has been seized under subsection 9(1) shall be returned to the owner of the animal by an animal protection officer within 21 days of the seizure of the animal unless
(a) the owner has not been located despite due inquiry by an animal protection officer; or
(b) the director has provided the owner of the animal with a notice under clause 17(1)(a) that the animal will be sold, given away or destroyed after seven days have elapsed since the date the notice was provided to the owner.
The director may sell, give away or destroy a companion animal that has been seized under subsection 9(1) if
(a) the director has provided a written notice to the owner of the animal that the animal will be sold, given away or destroyed;
(b) seven days have elapsed since a notice was provided to the owner under clause (a); and
(c) the owner of the animal has not delivered a notice of objection to the minister under subsection 18(1) and served a copy on the director.
The director may provide a notice under clause 17(1)(a) by delivering a copy of the notice to the owner, by leaving a copy of the notice at the place where the animal referred to in the notice was seized, or by sending a copy of the notice by prepaid first class mail or by registered or certified mail to the last known address of the owner, and the notice shall be deemed to have been provided to the owner on the date the notice was delivered, left or mailed.
The owner of a companion animal who receives a notice under clause 17(1)(a) may, by delivering to the minister a written notice of objection, request that the minister order that the animal be returned to the owner.
A notice of objection under subsection (1) shall be delivered to the minister and a copy served on the director within seven days of the date on which the notice under clause 17(1)(a) was provided to the owner.
Animal to remain in the care of the caregiver
Where a notice of objection has been delivered to the minister under this section, the seized animal shall remain in the care of the caregiver until the minister has dealt with the objection.
The minister may order that the director deal with a companion animal referred to in a notice of objection under subsection (1) in such manner as the minister considers appropriate.
The minister shall notify the owner in writing of the order made under subsection (4).
Where the minister has made an order under subsection (4), the director shall deal with the animal in the manner ordered.
Where 21 days have elapsed since the seizure of a companion animal and, despite due inquiry by an animal protection officer, the owner of the animal has not been located, the director may sell, give away or destroy the animal.
Disposition for failure to pay
Where the owner of a companion animal
(a) has failed to pay the costs of care set out in a statement of account provided under subsection 21(2) and the owner has not made an application under section 22; or
(b) has made an application under section 22, and has failed to pay the costs of care determined by the court to be payable within three days of the determination of the costs of care by the court;
the director may sell, give away or destroy the animal.
Where the director sells or gives away an animal under this Act, the animal becomes the property of the person to whom the animal was sold or given.
COSTS AND SALE PROCEEDS
The owner of a seized animal is liable to pay to the director on demand an amount equal to the costs of care for the animal.
The director may at any time, and shall upon the request of an owner of a seized animal, provide to the owner a statement of account setting out the costs of care for the animal claimed by the director.
On application by an owner who has been provided a statement of account under subsection 21(2), the court shall review and determine the amount to be paid to the director for the costs of care for the animal.
A notice of application under this section shall be filed with the court and served upon the director within seven days of receipt of the statement of account by the owner.
Subject to subsections (2) and (3), where an animal is sold by the director under this Act, proceeds of the sale shall be disbursed in the following order of priority
(a) the director shall retain an amount equal to the costs of care; and
(b) the balance of the sale proceeds shall be paid to the former owner of the animal.
Care costs in excess of proceeds of sale
The former owner of an animal that is sold by the director under this Act shall pay to the director an amount equal to any portion of the costs of care that are not recovered from the proceeds of the sale of the animal.
In the event the director has reason to believe a creditor may have a security interest in an animal sold by the director under this Act, the director may apply to the court for an interpleader order in respect of the balance of the sale proceeds over and above an amount equal to the costs of care for the animal.
Sale proceeds where owner unknown
Where, despite due inquiry by an animal protection officer, the owner of a seized animal is unknown, the balance of the sale proceeds over and above an amount equal to the costs of care for the animal, if any, shall be retained by the director and forfeited to the Crown.
Any amount for which a person is liable for costs of care under this Act is a debt due by that person to the director.
The director has a lien on a seized animal for an amount equal to the costs of care for that animal.
LICENSING OF KENNELS AND BREEDERS
No person shall operate a kennel except under the authority of a licence issued by the director for that purpose.
No person shall operate commercial breeding premises except under the authority of a licence issued by the director for that purpose.
No person shall operate hobby breeding premises except under the authority of a licence issued by the director for that purpose.
An application for a licence shall be made to the director and shall contain the information and be accompanied by the fee and any documentation required by the regulations.
Further information may be requested
The director may require an applicant for a licence to submit any additional information the director considers necessary.
The director may require an applicant for a licence to provide a bond or other security to ensure that the premises operated by the applicant will be operated in accordance with this Act and the regulations.
The bond or other security shall be in the form and the amount required by the regulations.
The director may issue or refuse to issue a licence.
The director may issue a licence to an eligible applicant if
(a) the application has been made in accordance with section 28; and
(b) the director is of the opinion that
(i) the premises and its proposed operation, as specified in the application, conform with the requirements of the regulations, and
(ii) the application accurately reflects the actual or proposed operation of the premises.
The director may issue a licence subject to any terms and conditions the director considers appropriate and may, at any time, impose conditions on a licence previously issued.
Compliance with Act and terms and conditions
The holder of a licence shall comply with this Act and the terms and conditions of the licence.
The holder of a licence shall keep the licence posted in the licensed premises in a clearly visible and prominent place.
If the director refuses to issue a licence, the director shall give the applicant a written notice of the refusal, that shall give reasons for the refusal.
A licence issued by the director shall be valid for a term of one year or such other term as may be provided for in the regulations.
A licence is not transferable to another person or to other premises.
Suspension or cancellation of licence
The director may suspend or cancel a licence by giving a written notice of suspension or cancellation to the licence holder, with reasons, if the director is satisfied that
(a) the licence holder has failed to comply with this Act or a term or condition of the licence;
(b) the licence holder has been found guilty of an offence under any Act of the Legislature or the Criminal Code (Canada) relating to the treatment of animals or the wrongful possession of an animal; or
(c) the suspension or cancellation is authorized for any reason specified in the regulations.
A person whose application for a licence is refused, whose licence is suspended or cancelled, or whose licence is subject to a term or condition, may appeal the refusal, suspension or cancellation, or the term or condition by filing a notice of appeal with the minister within 30 days after the person is notified of the refusal, suspension or cancellation, or the term or condition.
The minister shall appoint a licence appeal board within 30 days after a notice of appeal is filed, that is to consist of not less than three and not more than five persons to hear the appeal.
The minister shall designate one of the members of a licence appeal board to be its chairperson.
The minister may pay reasonable fees and expenses to the members of a licence appeal board.
The minister may specify the time within which a licence appeal board is to hear the appeal and give a decision, and may extend that time.
On concluding the appeal, a licence appeal board may
(a) confirm the refusal, suspension or cancellation, or the term or condition; or
(b) direct that the application for a licence be approved or reinstate a suspended or cancelled licence, or direct that any term or condition on the licence be amended in such manner as the licence appeal board considers appropriate.
A licence appeal board shall, in writing, promptly notify the minister and the appellant of its decision.
Where a licence appeal board has made a direction under clause 33(6)(b), the director shall comply with such direction.
GENERAL PROVISIONS
A person who contravenes any provision of this Act is guilty of an offence and is liable to a fine of not more than $5,000. for a first offence and not more than $10,000. for a subsequent offence, or to imprisonment for a term of not more than six months, or both.
Directors and officers of corporations
Where a corporation is guilty of an offence, a director or officer of the corporation who authorized, permitted or acquiesced to the offence is also guilty of the offence and is liable on summary conviction to the penalty for the offence provided for in this section.
Where a person is found guilty of an offence, the justice may
(a) prohibit the person from owning or having possession or control of animals or of a number or type of animals for a period of up to five years for a first offence and for a period of up to 10 years for a subsequent offence; and
(b) direct that any other animals owned by the person become the property of the Crown.
It is an offence for a person to disobey an order of a justice under subsection (1).
The minister may appoint an advisory committee to provide advice and recommendations to the minister about matters concerning the administration of the Act.
The minister may determine the terms of the reference and the procedures of an advisory committee.
Members of an advisory committee may be paid expenses determined by the Lieutenant Governor in Council.
Authority of director to appoint agents
Subject to the approval of the minister, the director may, by agreement in writing, appoint any qualified person or organization to act as the agent of the director to perform any responsibility or exercise any authorized action on behalf of the director under sections 13 to 24 with respect to a type of animal or to a geographic area as such agreement may specify on such terms and conditions as may be set out in the agreement including
(a) placing an animal with a caregiver;
(b) selling, giving away or destroying an animal;
(c) providing a notice to an owner;
(d) responding to an order of the minister; and
(e) dealing with costs of care and matters relating to costs of care.
Notwithstanding The Financial Administration Act, the director may authorize an agent appointed under subsection (1) to retain as a fee for service and as reimbursement for expenses, all or a portion of the amount recovered by the agent from an owner of a seized animal or received from the sale of a seized animal.
No action or proceeding may be commenced against the minister, the director, an agent of the director, an animal protection officer, a caregiver, or a member of a licence appeal board or an advisory committee for any act done in good faith in the performance or intended performance of a responsibility or in the exercise or intended exercise of an authorized action under this Act, or for any neglect or default in the performance of a responsibility or the exercise of an authorized action in good faith.
The minister may make regulations
(a) designating an activity as an accepted activity;
(b) specifying standards or codes of conduct, criteria, practices or procedures as acceptable;
(c) specifying practices or procedures that are prohibited;
(d) establishing costs of care or a method for determining costs of care that are payable by the owner of an animal that has been seized under this Act;
(e) prescribing the total number of dogs or cats for the purpose of determining whether breeding premises are hobby breeding premises or whether premises are a kennel;
(f) respecting the issue of licences, prescribing the fees payable for licences, establishing grounds for suspension and cancellation of licences, and exemption from licencing provisions, including, but not limited to, regulations
(i) respecting the standards of design of a facility that is operated as a commercial breeding premises, hobby breeding premises or kennel,
(ii) respecting the standards of hygiene and sanitation required in premises operated as a commercial breeding premises, hobby breeding premises or kennel,
(iii) respecting the standards or requirements for feeding and watering dogs and cats in premises operated as a commercial breeding premises, hobby breeding premises or kennel,
(iv) respecting health or disease prevention procedures that are required to be performed by the operator of a commercial breeding premises, hobby breeding premises or kennel,
(v) respecting inspection of facilities and of operations by a veterinarian or otherwise qualified individual;
(g) respecting any matter the minister considers necessary or advisable to carry out the intent and purpose of this Act.
This Act may be referred to as chapter A84 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day fixed by proclamation.