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

Prevention of Cruelty to Animals Act

1 Section 1 of the Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, is amended

(a) in subsection (1) by adding the following definitions:

"authorized agent" means a person appointed as an authorized agent under section 10 (1);

"operator" means a person who engages in a regulated activity, and includes any person who assists, directs, supervises or employs that person for the purpose of doing the regulated activity;

"person responsible for an animal" or "person responsible for the animal" includes a person who

(a) owns an animal,

(b) has custody or control of an animal, or

(c) is an operator in relation to an animal;

"regulated activity" means a prescribed activity in relation to the breeding, care, keeping, training, use, transportation, disposition, assembly or killing of animals;

"service animal" means an animal that is trained

(a) to assist in law enforcement activities, whether the animal is used by a peace officer or a person acting under the direction of a peace officer, or

(b) for use

(i) by a person within a prescribed class of persons, or

(ii) for prescribed purposes,

and that is engaged in activities relating to the service for which it is trained; ,

(b) in subsection (2) (a) by striking out "space," and substituting "light, space, exercise,",

(c) in subsection (2) by adding the following paragraphs:

(a.1) kept in conditions that are unsanitary,

(a.2) not protected from excessive heat or cold, , and

(d) by repealing subsection (3).

2 The following Part is added:

Part 2.1 — Standards of Care

Duties of persons responsible for animals

9.1  A person responsible for an animal

(a) must take reasonable steps to prevent the animal from being in distress, and

(b) must not cause or permit the animal to be or to continue to be in distress.

Duties of operators

9.2  (1) An operator engaging in a regulated activity

(a) must comply with each requirement and duty set out in, and

(b) must not engage in any practice or carry out any procedure that is prohibited under

a regulation respecting the regulated activity.

(2) An operator who is an employer must ensure that employees are adequately trained and sufficiently equipped to comply with any requirement or duty set out in a regulation respecting the regulated activity in which the operator is engaged.

Transportation of animals

9.3  (1) A person responsible for an animal must not transport the animal by vehicle unless the animal is

(a) inside the passenger compartment, or

(b) confined or secured in a manner that will prevent the animal from

(i) falling from the vehicle,

(ii) being injured during transport, or

(iii) causing a hazard to the safe operation of other vehicles.

(2) A person responsible for an animal must not attach the animal to a vehicle that is in operation unless the animal is confined or secured as described in subsection (1) (b).

(3) Subsections (1) and (2) do not apply to a person operating a vehicle that is designed for use as a mobility aid for persons with a disability and that is being used for that purpose.

3 The following sections are added:

Inspection

15.1  (1) Subject to subsection (3), an authorized agent may enter any premises or a vehicle where an operator is engaging in a regulated activity for the purpose of determining whether this Act and the regulations made under it are being complied with.

(2) Subject to subsection (3), an authorized agent who believes on reasonable grounds that premises or a vehicle is being used for the purposes of carrying out a regulated activity may enter the premises to determine

(a) whether the premises or vehicle is being used for the purposes of carrying out a regulated activity, and

(b) if so, who the operator is in relation to the regulated activity being carried out.

(3) Entry under subsection (1) or (2) may be without a warrant or the consent of the person responsible for the premises or vehicle only if

(a) the premises or vehicle is not used as a dwelling house, and

(b) entry is during ordinary business hours.

Inspection powers

15.2  (1) For the purposes of an inspection under section 15.1, an authorized agent may do one or more of the following:

(a) be accompanied or assisted by a person who has special, expert or professional knowledge of a matter relevant to the inspection;

(b) require a person to produce relevant records or things in the person's possession or control;

(c) inspect, copy or remove relevant records or things;

(d) require a person to

(i) demonstrate a skill, or

(ii) operate a thing or carry out a procedure as directed by the authorized agent

in relation to a requirement set out in a regulation made under section 26 (2) (e), (f), (g), (h) or (i);

(e) make records in respect of a person, place or thing;

(f) take samples and perform analyses and tests, including tests in which a sample is destroyed.

(2) If an authorized agent removes records or things under subsection (1) (c), the authorized agent must

(a) provide a receipt for the records or things to the person from whom they were taken, and

(b) subject to a power under this or any other enactment to order a thing destroyed, promptly return the records or things

(i) when they have served the purposes for which they were taken, or

(ii) if an action or a proceeding is taken under this or any other enactment as a result of an inspection, and the records or things are relevant to the action or proceeding, no later than 3 months after the conclusion of the action or proceeding.

(3) Sections 23 to 24.2 of the Offence Act do not apply to the removal of records or things under subsection (1) (c) of this Act.

4 The following section is added:

Duty to report distress

22.1  A registered veterinarian who believes on reasonable grounds that a person responsible for an animal is, or is likely, causing or permitting the animal to be in distress must promptly report, to the best of the registered veterinarian's knowledge and belief, all of the following information to an authorized agent:

(a) the reason for believing that an animal is in distress;

(b) sufficient information to contact the person responsible for the animal, including the person's name and address;

(c) sufficient information to identify the animal.

5 Section 23 is repealed and the following substituted:

Obstruction

23  A person must not wilfully or knowingly

(a) interfere with or obstruct, or

(b) provide false or misleading information to

a person in the discharge of duties or the exercise of powers under this Act.

Service animals

23.1  (1) A person must not do, or attempt to do, any of the following without lawful excuse or authority:

(a) harm a service animal;

(b) touch, directly or indirectly, a service animal;

(c) interfere with or obstruct a service animal.

(2) A person responsible for an animal must take reasonable steps to prevent the animal from doing a thing described in subsection (1).

Harm to animals by persons

23.2  (1) A person must not cause an animal to be in distress.

(2) A person who kills an animal

(a) must comply with prescribed requirements, and

(b) must not, in killing the animal, cause the animal to be in distress or do anything that is prohibited by the regulations.

Harm to animals by animals

23.3  (1) A person responsible for an animal must take reasonable steps to prevent the animal from attacking or otherwise harming another animal.

(2) A person must not breed, raise, train or dispose of an animal for the purpose of having the animal used to attack or otherwise harm another animal.

(3) A person must not possess equipment ordinarily used for the breeding, raising or training of animals for a purpose described in subsection (2).

6 Section 24 (1) and (2) is repealed and the following substituted:

(1) A person who contravenes section 9.1, 9.2, 9.3, 23, 23.1, 23.2 or 23.3 commits an offence.

(6) A proceeding for an offence under this Act may not be commenced in any court more than 3 years after the facts on which the proceeding is based first come to the knowledge of an authorized agent who is a special provincial constable under the Police Act.

7 The following sections are added:

Offence by corporation or employee

24.01  (1) If a corporation commits an offence under this Act, an employee, an officer, a director or an agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence whether or not the corporation is convicted.

(2) If an employee commits an offence under this Act, an employer who authorized, permitted or acquiesced in the offence commits the offence whether or not the employee is identified or convicted.

Defence

24.02  A person must not be convicted of an offence under this Act in relation to an animal in distress if

(a) the person is

(i) a registered veterinarian, or acting under the supervision of a registered veterinarian, and

(ii) practising veterinary medicine in accordance with the standards of the profession,

(b) if the person is an operator, the distress results from an activity that is carried out in accordance with the prescribed standards of care that apply to the regulated activity in which the operator is engaged, or

(c) the distress results from an activity that is carried out in accordance with reasonable and generally accepted practices of animal management that apply to the activity in which the person is engaged, unless the person is an operator and those practices are inconsistent with prescribed standards.

8 Section 24.1 is repealed and the following substituted:

Penalties

24.1  A person who commits an offence under this Act is liable on conviction to a fine not exceeding $75 000 or to imprisonment for a term not exceeding 2 years, or to both.

9 The following section is added:

Immunity for persons who report

25.2  (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a registered veterinarian because of anything done or omitted in the making of a report as required under section 22.1.

(2) Subsection (1) does not apply to a registered veterinarian in relation to anything done or omitted in bad faith.

10 Section 26 is amended

(a) in subsection (2) by striking out "may make regulations" and substituting "may make regulations as follows:",

(b) in subsection (2) (a) by striking out "this Act, and" and substituting "this Act;",

(c) in subsection (2) by adding the following paragraphs:

(c) prescribing activities for the purposes of the definition of "regulated activity" in section 1 (1);

(d) prescribing purposes and classes of persons for the purposes of the definition of "service animal" in section 1 (1);

(e) respecting standards that operators must comply with when engaging in a regulated activity;

(f) respecting standards in relation to design, construction, maintenance and operation of facilities used when engaging in a regulated activity;

(g) prohibiting operators from engaging in specified practices or carrying out specified procedures when engaging in a regulated activity;

(h) respecting practices and procedures to be used in the killing of animals, including prohibiting certain practices and procedures;

(i) exempting

(i) operators engaging in regulated activities from one or more provisions of a regulation made under this section, or

(ii) persons from section 23.2 (2), 23.3 or one or more provisions of a regulation made under paragraph (h) of this section;

(j) imposing requirements or conditions on operators or other persons exempted under paragraph (i);

(k) respecting generally accepted practices of animal management that apply to a regulated activity;

(l) establishing classes of persons, animals or regulated activities and making different regulations for different classes. , and

(d) by adding the following subsections:

(3) A regulation made under this Act may adopt by reference, in whole or in part and with any changes the Lieutenant Governor in Council considers appropriate, a regulation, code, standard or rule

(a) enacted as or under a law of another jurisdiction, including a foreign jurisdiction,

(b) set by a provincial, national or international body or any other body that may make codes, standards or rules, or

(c) set by or in consultation with

(i) the society, or

(ii) an organization, one purpose of which is to set standards in relation to a regulated activity.

(4) Unless otherwise stated, a code, standard or rule referred to in subsection (3) is adopted as amended from time to time.

Commencement

11  This Act comes into force on Royal Assent.

 
Explanatory Notes

SECTION 1: [Prevention of Cruelty to Animals Act, section 1]

• adds definitions consequential to the enactment by this Bill of the power to make regulations respecting standards of practice for operators engaging in regulated activities and the prohibition against harming or interfering with service animals;
• further clarifies what it means for an animal to be in distress;
• provides that an operator is a person responsible for an animal.

SECTION 2: [Prevention of Cruelty to Animals Act, Part 2.1]

• requires persons responsible for animals to take reasonable care of their animals;
• requires operators engaging in regulated activities to comply with prescribed requirements and to train and equip their staff to do so;
• provides for the safe transportation of animals.

SECTION 3: [Prevention of Cruelty to Animals Act, sections 15.1 and 15.2]

• adds inspection powers to ensure that the Act and regulations are being complied with and to determine whether premises or vehicles are being used for the purposes of carrying out a regulated activity;
• clarifies powers to be exercised during inspections.

SECTION 4: [Prevention of Cruelty to Animals Act, section 22.1] requires veterinarians to report distress to animals.

SECTION 5: [Prevention of Cruelty to Animals Act, sections 23 to 23.3]

• adds a prohibition against providing false or misleading information to persons discharging duties or exercising powers under the Act;
• adds a prohibition against harming or interfering with service animals;
• adds prohibitions against causing harm to animals, and requires persons responsible for animals to take reasonable steps to prevent their animals from harming other animals.

SECTION 6: [Prevention of Cruelty to Animals Act, section 24] adds offences consequential to the enactments of sections 9.1, 9.2, 9.3, 23, 23.1, 23.2 and 23.3 of the Act by this Bill, and extends the limitation period for prosecuting an offence to 3 years from the discovery of the offence.

SECTION 7: [Prevention of Cruelty to Animals Act, sections 24.01 and 24.02]

• provides for the prosecution of both corporations and employees, such that the conviction of one does not prevent the conviction of the other;
• provides that a person must not be convicted of an offence if the person is a veterinarian acting in accordance with the standards of veterinary medicine or a person acting in accordance with prescribed standards or reasonable and generally accepted practices of animal management.

SECTION 8: [Prevention of Cruelty to Animals Act, section 24.1] increases the penalties for conviction of an offence.

SECTION 9: [Prevention of Cruelty to Animals Act, section 25.2] protects veterinarians who report, in good faith, distress to animals from legal proceedings for damages.

SECTION 10: [Prevention of Cruelty to Animals Act, section 26] provides regulation-making powers in relation to standards of practice for operators engaging in regulated activities and in relation to the killing of animals.