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2 Subsection 11(1) of the Act is repealed and the following is substituted: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.