1994 Legislative Session: 3rd Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 19th day of May, 1994
Ian D. Izard, Law Clerk.


HONOURABLE DAVID ZIRNHELT
MINISTER OF AGRICULTURE,
FISHERIES AND FOOD

BILL 4 -- 1994

PREVENTION OF CRUELTY TO
ANIMALS AMENDMENT ACT, 1994

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The Prevention of Cruelty to Animals Act, R.S.B.C. 1979, c. 335, is amended by adding the following heading before section 1:

 Part 1 -- Interpretation and Application

2 Section 1 is amended

(a) by renumbering the section as section 1 (1),

(b) by adding the following definitions:

"justice" means a justice as defined in the Offence Act;

"registered veterinarian" means a veterinarian registered under the Veterinarians Act; , and

(c) by adding the following subsections:

(2) For the purposes of this Act, an animal is in distress if it is

(a) deprived of adequate food, water or shelter,

(b) injured, sick, in pain or suffering, or

(c) abused or neglected.

(3) For the purposes of this Act, a person responsible for an animal includes a person who

(a) owns an animal, or

(b) has custody or control of an animal.

3 The following section is added:

Application

1.1 This Act does not apply to wildlife, as defined in the Wildlife Act, that is not in captivity.

4 The following heading is added before section 2:

Part 2 -- The Society

5 Section 4 (2) is repealed and the following substituted:

(2) Subject to subsection (3), the power to make bylaws, rules or regulations may be delegated to any committee, branch or officer of the society.

(3) No delegation may be made under subsection (2)

(a) with respect to a matter reserved by the constitution, bylaws, rules or regulations to a meeting of the members of the society, or

(b) with respect to a bylaw relating to policies and operational procedures of the society for administering the enforcement powers of this Act.

6 The following section is added:

Monitoring of enforcement bylaws

4.1 (1) The society must file with the minister a copy of every bylaw made under section 4 which relates to policies and operational procedures of the society for administering the enforcement powers of this Act within 7 days after it is made.

(2) The Lieutenant Governor in Council may disallow a bylaw which relates to the matters described in subsection (1).

(3) The power of disallowance under subsection (2) applies to bylaws made both before and after the day on which this section comes into force.

7 Section 5 (2) (b) is amended by adding "or regional district" after "municipality".

8 The following heading is added before section 8:

Part 3 -- Relieving Distress in Animals

9 Section 8 is repealed and the following substituted:

Authorized agents

8 (1) The society may appoint an officer or employee of the society or any other person as an authorized agent for the purposes of this Act.

(2) An authorized agent may exercise the powers of an authorized agent under this Act or any other law relating to the prevention of cruelty to animals only if he or she has been appointed as a special provincial constable under the Police Act.

10 The following sections are added:

Relieving distress in animals

8.1 If an authorized agent is of the opinion that an animal is in distress and the person responsible for the animal

(a) does not promptly take steps that will relieve its distress, or

(b) cannot be found immediately and informed of the animal's distress, the authorized agent may, in accordance with sections 8.3 and 8.4, take any action that the authorized agent considers necessary to relieve the animal's distress, including, without limitation, taking custody of the animal and arranging for food, water, shelter and veterinary treatment for it.

Relieving critical distress in animals

8.2 (1) In this section "critical distress" means distress in an animal of such a nature that

(a) immediate veterinary treatment cannot prolong the animal's life, or

(b) prolonging the animal's life would result in the animal suffering unduly.

(2) If, in the opinion of

(a) a registered veterinarian, or

(b) an authorized agent, if a registered veterinarian is not readily available, an animal is in critical distress, the authorized agent may destroy the animal or have the animal destroyed.

Authority to enter with a warrant

8.3 (1) An authorized agent who believes, on reasonable grounds,

(a) that there is an animal in distress in any premises, vehicle, aircraft or vessel, or

(b) that an offence under section 14 has been committed and that there is in any premises, vehicle, aircraft or vessel, any thing that will afford evidence of that offence, may enter the premises, vehicle, aircraft or vessel with a warrant issued under subsection (2) for the purpose of

(c) determining whether any action authorized by this Act should be taken to relieve the animal's distress, or

(d) searching for any thing that will afford evidence of an offence under section 14.

(2) A justice who is satisfied by information on oath in the prescribed form that there are reasonable grounds

(a) under paragraph (1) (a), may issue a warrant in the prescribed form authorizing an authorized agent to enter the premises, vehicle, aircraft or vessel for the purpose of taking any action authorized by this Act to relieve the animal's distress, and

(b) under paragraph (1) (b), may issue a warrant in the prescribed form authorizing an authorized agent to enter the premises, vehicle, aircraft or vessel for the purpose of searching for the thing that will afford evidence of an offence under section 14.

(3) A justice may issue a warrant under subsection (2) for either or both of the purposes referred to in that subsection.

(4) A warrant issued under subsection (2) is subject to the conditions specified in the warrant.

Authority to enter without a warrant

8.4 (1) In this section "critical distress" means distress in an animal of such a nature that

(a) immediate veterinary treatment cannot prolong the animal's life,

(b) prolonging the animal's life would result in the animal suffering unduly, or

(c) immediate veterinary intervention is necessary to prevent the imminent death of the animal.

(2) An authorized agent who believes on reasonable grounds that there is an animal in critical distress in any premises, other than a dwelling house, or in any vehicle, aircraft or vessel, may enter the premises, vehicle, aircraft or vessel without a warrant for the purpose of taking any action authorized by this Act to relieve that critical distress.

Inspection

8.41 An authorized agent may, without a warrant, during ordinary business hours enter any premises, other than a dwelling house, where animals are kept for sale, hire or exhibition for the purpose of determining whether any animal is in distress in the premises.

Identification

8.5 An authorized agent exercising a power under section 8.3, 8.4 or 8.41 must, on demand, produce his or her certificate of appointment to the owner or occupant of any premises, vehicle, aircraft or vessel entered under those sections.

Disposition of abandoned animals taken into custody

8.6 If an animal is taken into custody under section 8.1 after having been found straying at large, abandoned or apparently ownerless and

(a) the owner is unknown, the society may destroy, sell or otherwise dispose of the animal after the society has held the animal for a period of at least 4 days, or

(b) the owner is known, the society may destroy, sell or otherwise dispose of the animal 4 days after the society has given notice to the owner in accordance with section 8.8.

Disposition of animals removed from custody of owner

8.7 If an animal is removed from the custody of its owner under section 8.1 and taken into the custody of the society, the society may destroy, sell or otherwise dispose of the animal 14 days after the society has given notice to the owner in accordance with section 8.8.

Form of notice

8.8 The notice referred to in sections 8.6 (b) and 8.7 must be in writing and

(a) mailed to or served personally on the owner, or

(b) if it cannot be mailed to or served personally on the owner, published at least 3 times at 2 day intervals in a newspaper circulating in the area in which the animal was taken into custody.

Costs and proceeds of disposition

8.9 (1) The owner of an animal taken into custody under section 8.1 is liable to the society for the costs incurred by the society under this Act with respect to the animal.

(2) The society may require the owner to pay the costs for which he or she is liable under subsection (1) before returning the animal.

(3) Subject to subsection (4), the society may retain the proceeds of a sale or other disposition of an animal under section 8.6 or 8.7.

(4) If the proceeds of a sale or other disposition exceed the costs referred to in subsection (1), the owner of the animal may, within 6 months of the date the animal was taken into custody, claim the balance from the society.

11 The following heading is added before section 9:

Part 4 -- General

12 Section 11 is amended by striking out "the ensuing provisions of this Act" and substituting "this Act".

13 Sections 12 and 13 are repealed.

14 The following sections are added:

Offence

14 (1) A person responsible for an animal who causes or permits the animal to be or to continue to be in distress commits an offence.

(2) Subsection (1) does not apply if the distress results from an activity which is carried on in accordance with reasonable and generally accepted practices of animal management.

(3) If a person is convicted of an offence under subsection (1), a justice may, in addition to any other penalty that may be imposed for the offence, prohibit the person from owning or having custody or control of an animal for a period of time specified by the justice.

(4) A justice may make an order under subsection (3) on any terms the justice considers appropriate.

(5) A person who fails to comply with an order made under subsection (3) commits an offence.

Order of custody

15 (1) An authorized agent may apply to the Supreme Court for an order of custody of an animal in respect of which a charge has been laid under section 14.

(2) An applicant under subsection (1) may retain custody of an animal in respect of which the application is made pending the outcome of any proceedings under section 14, despite the fact that the owner of the animal

(a) has paid the costs incurred by the society for which the owner is liable under section 8.9, and

(b) has requested the authorized agent to return the animal.

(3) The Supreme Court may make an order under this section on any terms it considers appropriate.

Regulations

16 (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) requiring the society to make bylaws with respect to the policies and operational procedures of the society for administering the enforcement provisions of this Act, and

(b) prescribing the form of an information to obtain a warrant and the form of a warrant for the purposes of section 8.3.

Commencement

15 This Act comes into force by regulation of the Lieutenant Governor in Council.


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