BILL 77
An Act to Amend the
Society for the Prevention of Cruelty to Animals Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
0.1 of the Society for the Prevention of Cruelty to Animals Act, chapter
S-12 of the Revised Statutes, 1973, is amended by adding the following
definition in alphabetical order:
“business
day” means a day on which the offices of the society are open
for business; (jour ouvrable)
2 Subsection
11(1) of the Act is repealed and the following is substituted:
11(1) Every animal protection officer in
carrying out his or her duties under this Act and the regulations
is a person employed for the preservation and maintenance of the public
peace and has and may exercise all the powers, authorities and immunities
of a peace officer as defined in the Criminal Code (Canada).
3 The
Act is amended by adding after section 11 the following:
Obstruction or hindrance
of animal protection officers or persons authorized by animal protection
officers
11.1(1) No person shall obstruct or hinder
an animal protection officer or a person authorized by an animal protection
officer in carrying out his or her duties under this Act and the regulations.
11.1(2) A person who violates or fails to comply with subsection (1)
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence.
4 Section
12 of the Act is amended by striking out “27, 28” and
substituting “27,
27.1, 28”.
5 Section 16 of the Act is amended
(a) in subsection
(1) in the portion preceding paragraph (a) by striking out “five
days” and substituting “3 business days”;
(b) by repealing
subsection (3) and substituting the following:
16(3) Where the owner of an animal seized under paragraph 15(1)(a)
is identified, the owner may reclaim the animal 3 business days after
receipt of the notice under subsection (1) if the costs of the care
and treatment of the animal are paid unless a prosecution is commenced
in respect of the animal.
(c) by adding
after subsection (3) the following:
16(3.1) Where the owner of an animal seized under paragraph 15(1)(b)
is identified, the owner may reclaim the animal 30 days after the
seizure if the costs of the care and treatment of the animal are paid
unless a prosecution is commenced in respect of the animal.
(d) by
repealing subsection (4) and substituting the following:
16(4) The ownership of an animal seized under paragraph 15(1)(a) vests
in the society if the owner
(a) cannot be identified within 3 business
days after the seizure, or
(b) does not reclaim the animal 3 business
days after receipt of the notice under subsection (1) and does not
pay the costs incurred in respect of the care and treatment of the
animal.
(e) by adding
after subsection (4) the following:
16(4.1) The ownership of an animal seized under paragraph 15(1)(b)
vests in the society if the owner
(a) cannot be identified within 3 business
days after the seizure, or
(b) does not reclaim the animal 30 days
after the seizure and does not pay the costs incurred in respect of
the care and treatment of the animal.
(f) by repealing
subsection (5) and substituting the following:
16(5) An animal protection officer may, before the 3 day period referred
to in paragraph (4)(b) expires, release to the owner an animal seized
under paragraph 15(1)(a) that has been placed under care if, in the
opinion of the animal protection officer, the animal will be properly
cared for by the owner and if no prosecution is commenced in respect
of the animal.
(g) by adding
after subsection (5) the following:
16(5.1) An animal protection officer may, before the 30 day period
referred to in paragraph (4.1)(b) expires, release to the owner an
animal seized under paragraph 15(1)(b) that has been placed under
care if, in the opinion of the animal protection officer, the animal
will be properly cared for by the owner and if no prosecution is commenced
in respect of the animal.
6 The
Act is amended by adding after section 27 the following:
Entry
27.1(1) Where an animal protection officer has, on reasonable and probable
grounds, reason to believe that an animal is confined in a motor vehicle
and is in distress or is deprived of reasonable protection from injurious
heat or cold, the animal protection officer or a person authorized
by the animal protection officer may enter the motor vehicle, using
the force the animal protection officer considers necessary, for the
purposes of attending to the needs of the animal.
27.1(2) An animal protection officer may seize an animal referred to
in subsection (1) if the seizure is necessary to attend to the immediate
needs of the animal.
27.1(3) If the circumstances permit, an animal protection officer shall,
before attempting to enter a motor vehicle under subsection (1), take
reasonable steps to find the owner or person in charge of the motor
vehicle.
COMMENCEMENT
7 This
Act or any provision of it comes into force on a day or days to be
fixed by proclamation.
EXPLANATORY NOTES
Section 1
A new definition is added.
Section 2
The existing provision is as follows:
11(1) Every animal protection officer in carrying out the duties of
an animal protection officer under this Act and the regulations has
and may exercise all the powers, authorities and immunities of a peace
officer as defined in the Criminal
Code, (Canada).
Section 3
New provision.
Section 4
The amendment is consequential on the amendment
made in section 6 of the amending Act.
Section 5
(a) The amendment is consequential
on the amendments made in paragraphs 5(d) and (e) of the amending
Act.
(b) The existing provision
is as follows:
16(3) Where the owner of a seized animal is identified, the owner may
reclaim the animal thirty days after the seizure if the costs of the
care and treatment of the animal are paid unless a prosecution is
commenced in respect of the animal.
(c) New provision.
(d) The existing provision is
as follows:
16(4) Where the owner of a seized animal
cannot be identified within five days after the seizure or where an
owner does not reclaim the seized animal thirty days after the seizure
and does not pay the costs incurred in respect of the care and treatment
of the animal, the ownership of the animal vests in the society.
(e) New provision.
(f) The existing provision is
as follows:
16(5) An animal protection officer may release
a seized animal that has been placed under care to the owner before
the thirty day period referred to in subsection (4) if, in the opinion
of the animal protection officer, the animal will be properly cared
for by the owner and if no prosecution is commenced in respect of
the animal.
(g) New provision.
Section 6
New provision.
Section 7
Commencement provision.