Bill 42 - An Act Respecting Animal Protection

BILL 42

An Act Respecting Animal Protection

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Municipalities Act

1( 1) Section 27.21 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by striking out “a dog control” and substituting “an animal control”;

(b) in subsection (2) by striking out “a dog control” and substituting “an animal control”.

1( 2) Section 190.073 of the Act is amended

(a) in subsection (5.1) by striking out “a dog control” wherever it appears and substituting “an animal control”;

(b) in subsection (5.2) by striking out “a dog control” and substituting “an animal control”.

Society for the Prevention of Cruelty to Animals Act

2( 1) Section 1 of the Society for the Prevention of Cruelty to Animals Act, chapter 132 of the Revised Statutes, 2014, is amended by adding the following definition in alphabetical order:

“veterinarian” means a person who is entitled to practise veterinary medicine under An Act Respecting The New Brunswick Veterinary Medical Association. (vétérinaire)

2( 2) The heading “Power of society to receive gifts and hold real estate” preceding section 4 of the Act is repealed and the following is substituted:

Power of society to receive gifts, hold real estate and borrow money

2( 3) Subsection 4(2) of the Act is repealed and the following is substituted:

4( 2) The society may borrow money.

2( 4) The heading “Liability of members” preceding section 7 of the Act is repealed.

2( 5) Section 7 of the Act is repealed.

2( 6) The Act is amended by adding after section 13 the following:

Immunity

13.1 No action, application or other proceeding lies or shall be instituted against an animal protection officer, a person authorized by an animal protection officer to act under this Act, a veterinarian, the society, a member of the society, a director or employee of the society and any other person employed or engaged in the administration or enforcement of this Act in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person.

2( 7) The Act is amended by adding after section 14 the following:

Appeals with respect to licences

14.1( 1) In accordance with the regulations, an interested person may appeal a decision to refuse to issue or renew a pet establishment licence or a decision to suspend or cancel a pet establishment licence.

14.1( 2) An appeal shall be heard before an appeal board, established in accordance with the regulations, that shall consist of one or more members prescribed by regulation.

2( 8) Section 16 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

16( 1) An animal protection officer may seize an animal in the following circumstances:

(a) the animal is found running at large;

(b) the animal protection officer has reasonable grounds to believe that the animal is abandoned; and

(b) by adding after subsection (1) the following:

16( 1.1) For the purposes of paragraph (1)(b), an animal shall be deemed to be abandoned if the animal

(a) is apparently ownerless and not running at large,

(b) is found on rented premises after the expiration or termination of the tenancy agreement,

(d) by agreement between the animal’s owner and another person, has been left in the care of the other person and has not been retrieved from the other person for more than three days after the agreed-on retrieval time.

16( 1.2) An animal protection officer may authorize a person to aid and assist the animal protection officer for the purpose of seizing an animal under subsection (1).

2( 9) Section 17 of the Act is amended

(a) in subsection (3) by striking out “paragraph 16(1)(a)” and substituting “paragraph 16(1)(a) or (b)”;

(b) in subsection (4) by striking out “under paragraph 16(1)(b)” and substituting “under paragraph 16(1)(c)”;

(c) in subsection (5) in the portion preceding paragraph (a) by striking out “paragraph 16(1)(a)” and substituting “paragraph 16(1)(a) or (b)”;

(d) in subsection (6) in the portion preceding paragraph (a) by striking out “under paragraph 16(1)(b)” and substituting “under paragraph 16(1)(c)”;

(e) in subsection (7) by striking out “paragraph 16(1)(a)” and substituting “paragraph 16(1)(a) or (b)”;

(f) in subsection (8) by striking out “under paragraph 16(1)(b)” and substituting “under paragraph 16(1)(c)”.

2( 10) The Act is amended by adding after section 17 the following:

Offence re abandonment of animal

17.1( 1) A person who has ownership, possession or care and control of an animal shall not abandon the animal.

17.1( 2) For the purposes of subsection (1), a person who has ownership, possession or care and control of an animal shall be deemed to have abandoned the animal if the person

(a) leaves the animal on the premises and vacates the premises

( i) after the expiration or termination of the tenancy agreement, or

( ii) after the owner has sold the premises, or

(b) by agreement between the animal’s owner and another person, has left the animal in the care of the other person and has not retrieved the animal from the other person for more than three days after the agreed-on retrieval time.

17.1( 3) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

2( 11) Subsection 19(1) of the French version of the Act is amended by striking out “possession, la garde” and substituting “possession ou la garde”.

2( 12) The Act is amended by adding after section 19 the following:

Veterinarian to report

19.1 In the course of providing veterinary medicine to an animal, a veterinarian who believes on reasonable grounds that the animal has not been provided with food, water, shelter and care in accordance with this Act and the regulations, shall without delay

(a) report his or her belief to an animal protection officer, and

(b) provide any information respecting the matter that the animal protection officer requests.

2( 13) Subsection 20(2) of the Act is amended by striking out “category D” and substituting “category F”.

2( 14) The Act is amended by adding after section 23 the following:

Offence re sale of animal without a certificate of health

23.1( 1) No person shall sell or offer to sell to a purchaser any animal prescribed by regulation that has not been certified to be in good health by a veterinarian, in the form prescribed by the regulations, whether or not the purchaser has waived the requirement for a certificate.

23.1( 2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

Offence re contests involving fighting between animals

23.2( 1) No person shall in any manner conduct, promote or participate in a contest involving fighting between animals and all contests involving fighting between animals are prohibited.

23.2( 2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category J offence.

Offence re tethering a dog outdoors

23.3( 1) A person who has ownership, possession or care and control of a dog shall not tether the dog outdoors, except in accordance with the standards prescribed by regulation.

23.3( 2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

2( 15) Section 25 of the French version of the Act is amended by striking out “possession, la garde” and substituting “possession ou la garde”.

2( 16) Section 27 of the French version of the Act is amended

(a) in paragraph a) by striking out “possession, la garde ou la surveillance” and substituting “possession ou la garde et la surveillance”;

(b) in paragraph b) by striking out “possession, la garde ou la surveillance” and substituting “possession ou la garde et la surveillance”.

2( 17) Section 31 of the French version of the Act is amended by striking out “possession, la garde” and substituting “possession ou la garde”.

2( 18) The Act is amended by adding after section 31 the following:

Producing an animal found in a dwelling house

31.1( 1) If an animal protection officer has reasonable grounds to believe that an animal is confined in a dwelling house without adequate food, water, shelter or care, the animal protection officer may at any reasonable time

(a) enter on lands or premises where a dwelling house is located,

(b) require the owner or occupant of the dwelling house to produce and show to the animal protection officer, for the purpose of examination, any animal found in the dwelling house, and

31.1( 2) The owner or occupant of the dwelling house who is required to produce and show an animal under subsection (1) shall do so immediately.

31.1( 3) 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.

Offence re refusal to produce and show an animal

31.2 A person who violates or fails to comply with subsection 31.1(2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category D offence.

2( 19) The heading “Animal Protection Account” preceding section 32 of the Act is repealed.

2( 20) Section 32 of the Act is repealed.

2( 21) The heading “Funding from Animal Protection Account” preceding section 33 of the Act is repealed.

2( 22) Section 33 of the Act is repealed.

2( 23) Subsection 34(1) of the Act is amended

(a) by adding after paragraph (g) the following:

(g.1) respecting appeals of a decision to refuse to issue or renew a pet establishment licence or a decision to suspend or cancel a pet establishment licence, including,

( i) the establishment and composition of an appeal board,

( ii) the grounds for appeal,

( iii) the procedures on appeal,

( iv) the fees in respect of an appeal,

( v) the effect of a decision pending the outcome of an appeal, and

( vi) the powers and authority of an appeal board in relation to an appeal;

(b) by adding after paragraph (l) the following:

(l.1) for the purposes of section 23.1, prescribing

( i) animals,

( ii) the period for which a certificate of health may be issued, and

( iii) the form and content of a certificate of health;

(l.2) for the purposes of section 23.3, prescribing the standards to be followed by a person who has ownership, possession or care and control of a dog when tethering the dog outdoors;

(d) by repealing paragraph (u);

(e) in paragraph (v) by striking out the semi colon at the end of the paragraph and substituting a period;

(f) by repealing paragraph (w).

Dissolution of the Animal Protection Account

3( 1) The Animal Protection Account established under section 32 of the Society for the Prevention of Cruelty to Animals Act, as that section existed immediately before the commencement of this section, is dissolved.

3( 2) The New Brunswick Society for the Prevention of Cruelty to Animals is entitled to all assets held in the Animal Protection Account immediately before the commencement of this section.

Commencement

4 Subsections 2(7), (14) and (19) to (23) and section 3 of this Act come into force on a day or days to be fixed by proclamation.