MS. JANE THORNTHWAITE

BILL M 214 — 2012

STANDARDS OF CARE FOR BREEDERS
OF COMPANION ANIMALS ACT

The purpose of this Act is to establish comprehensive standards of care for those that are considered by this Act to be operators of dog and cat breeding premises. Operators have a responsibility to understand and meet the welfare needs of their animals. This Act requires breeders to adopt the highest standards of husbandry, care and handling of their animals.

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

Part 1 — Definitions

Definitions

1  In this Act:

"animal" means a dog or a cat of any age at a dog or cat breeding premises, which is kept for the purpose of breeding companion animals, or has been bred for companion animal purposes;

"cat breeding premises" means premises where three or more female cats capable of reproduction are kept for the purposes of breeding for direct or indirect sale or for exchange in return for consideration;

"distress" means distress as defined in the Prevention of Cruelty to Animals Act;

"dog breeding premises" means premises where three or more female dogs capable of reproduction are kept for the purposes of breeding for direct or indirect sale or for exchange in return for consideration;.

"female cats capable of reproduction" means any unsterilized female cat over the age of five months, that is kept at cat breeding premises;

"female dogs capable of reproduction" means any unsterilized female dog over the age of six months, that is kept at dog breeding premises;

"offence" means an offence under the Offence Act;

"operator" means operator as defined in the Prevention of Cruelty to Animals Act;

"registered veterinarian" means

(a) if an animal is in British Columbia, an individual who is authorized under the Veterinarians Act to practise veterinary medicine;

(b) if an animal is temporarily in a jurisdiction other than British Columbia, an individual who is authorized under an enactment of the jurisdiction to practise veterinary medicine.

Part 2 — Standards of Care for Breeders
of Companion Animals

Food and water

2  (1) An operator must ensure that animals are fed, at least once every 24 hours, a balanced diet that is sufficient to ensure that each animal maintains good health, including:

(a) meeting its caloric and nutritional requirements, including those resulting from physical activity, growth, pregnancy, lactation, and exposure to the cold; and

(b) avoiding metabolic and or nutritional disorder.

(2) An operator must ensure that animals have frequent access to clean, palatable water in adequate quantities to meet its needs and prevent dehydration.

Containment and shelter

3  (1) An operator must ensure that animals are provided with shelter that includes:

(a) dry sleeping quarters that are large enough to allow the animal to stand up, turn around, and lie down comfortably;

(b) measures to keep the animals warm in cold weather;

(c) a place to urinate and defecate away from the sleeping quarters; and

(d) adequate ventilation and shade if required to ensure the animals maintain good health.

(2) An operator must ensure that animals are contained in a way that does not cause them to be distressed, by:

(a) having a collar that damages the skin or restricts breathing; or

(b) being tethered in a way that causes injury.

Sanitation

4  (1) An operator must ensure that the feces and urine of the animals under their care, custody or control are removed from the shelter on a daily basis.

(2) An operator must ensure that food and water containers are kept clean of contamination that may pose a threat to the health of the animals.

Breeding

5  (1) An operator must ensure to the best of their ability that the breeding process does not result in an increase in the frequency or severity of known inherited disorders.

(2) An operator must ensure that

(a) female animals capable of reproduction are not bred before 18 months of age, or before the second estrous cycle;

(b) female animals capable of reproduction do not give birth to more than six litters each;

(c) that during any period of three years, not more than three litters are born to a female animal capable of reproduction.

Whelping and queening

6  (1) An operator must ensure that animals that are due to whelp or queen, or are whelping or queening are

(a) provided with a suitable whelping or queening area in a safe, warm and quiet environment, and

(b) are inspected frequently to ensure that they are not experiencing difficulties.

(2) If an animal is exhibiting any signs that indicate that she is experiencing difficulties at any point during whelping or queening, an operator must ensure that the advice of a registered veterinarian is sought.

Supply of animals

7  (1) An operator must ensure that animals are completely weaned onto solid food by age 7 weeks and before they are rehomed, unless:

(a) they have been orphaned and must be rehomed to ensure they are able to obtain milk from another animal or be hand raised; or

(b) early removal from the mother is deemed necessary by a registered veterinarian.

(2) An operator must ensure that animals are not sold or rehomed before 8 weeks of age.

(3) An operator supplying puppies and or kittens must, at the time of supply, disclose to persons receiving them, any known inherited disorders that the puppy or adult dog, and/or the kitten or adult cat may be predisposed to which may cause health and/or welfare problems during the animal's lifetime.

Socialization of animals

8  (1) For each animal at least 3 weeks of age, an operator must have in place and carry out a socialization plan that

(a) minimizes behavioural problems,

(b) includes direct physical and visual contact with humans and other animals,

(c) includes daily exercise,

(d) includes a variety of stimuli and environments, and

(e) maximizes the chances that the animal may be successfully rehomed and thrive in a new environment.

Illness or injury

9  (1) An operator must ensure that the body condition of each animal is monitored regularly.

(2) If an operator suspects or becomes aware that an animal may be suffering a communicable disease, the operator must

(a) immediately isolate the animal and other animals in a manner that will prevent spread of the disease,

(b) regularly supervise the isolated animal, and

(c) immediately seek the assistance and direction of a registered veterinarian.

(3) If an operator suspects or becomes aware that an animal is experiencing severe pain or is suffering deteriorating health or serious injury, the operator must immediately seek the assistance and direction of a registered veterinarian.

(4) For the purposes of this section,

(a) the assistance and direction of a registered veterinarian may be through indirect consultation or direct examination, and

(b) an operator must comply with the directions of the registered veterinarian.

Harmful substances

10  (1) An operator must take all practical steps to ensure that animals are not exposed to poisons and harmful substances.

(2) An operator who knows an animal has eaten a harmful substance or observes an animal showing signs indicative of poisoning (e.g. tremors, seizures, frenzied behavior, sudden vomiting, sudden drowsiness or collapse), must seek the immediate attention of a registered veterinarian.

Transportation

11  (1) An operator must ensure that an animal originating from and/or in the care of a breeding premises

(a) is provided with adequate ventilation during transport;

(b) is not transported loose in a stock crate with livestock;

(c) is not carried on the open rear of a moving vehicle unless it is secured or enclosed in a crate;

(d) is not left in a vehicle in conditions where the animal is likely to suffer from heat stress or extreme cold;

(e) has access to water in accordance with subsection 2 (2) of this Act if in transport for two or more hours;

(f) is not in transport for longer than 12 hours without a break for exercise, food, water, and the opportunity to urinate and defecate; and,

(g) passes a fitness for air transport assessment, administered by a registered veterinarian, before travelling by air.

(2) If animals are transported in a purpose built transport box fixed to a vehicle, an operator must ensure that it is well ventilated and free from exhaust fumes and road dust.

(3) Subject to subsection (4), an operator must not permit an animal to be transported if the animal

(a) is displaying any sign of shock, exhaustion, fever, dehydration or an injury or illness that is more than trivial in nature;

(b) is a female that

(i) is within one week of her anticipated whelping date; or

(ii) has whelped within 2 weeks before the date of transport.

(4) Subsection (3) does not apply in respect of an animal being transported for the purposes of receiving the assistance of a registered veterinarian.

Euthanasia

12  (1) An operator must ensure that euthanasia of an animal is only carried out by, or in the presence of, a registered veterinarian, to ensure that death occurs quickly and that pain and distress is minimized.

Grooming

13  (1) An operator must ensure that animals

(a) are groomed according to the needs of their breed; and

(b) have their toenails trimmed to an appropriate length.

Surgical procedures

14  (1) An operator must ensure that animals never undergo the following procedures if not medically necessary and against the advice of a registered veterinarian with whom the operator has an established veterinary-client relationship:

(a) dew claw removal,

(b) tail docking,

(c) ear cropping, and

(d) de-clawing.

(2) The procedures referred to in section 14 (1) may only be performed by a registered veterinarian with whom the operator has an established veterinary-client relationship.

Part 3 — Records and Offences

Required records

15  (1) An operator must keep records that permit ready identification of each animal, including

(a) the animal's photograph, name, sex, species, breed and distinctive markings, and

(b) if any, the animal's registration, microchip or tattoo number.

(2) An operator must keep all of the following records in respect of each animal:

(a) the animal's birth date and, if applicable, date of death;

(b) if the operator acquired the animal after its birth, the date on which the operator acquired the animal; and,

(c) if applicable, the name and permanent contact information of the person who acquired the animal from the operator.

(3) An operator must keep all of the following health records in respect of each animal:

(a) records stating each date the animal was weighed, and the animal's weight on that date;

(b) vaccination and deworming records;

(c) records respecting all surgical procedures;

(d) records respecting all illnesses or injuries, other than illnesses or injuries that are trivial in nature;

(e) records of all known and suspected drug or food allergies;

(f) if applicable, records respecting the breeding and whelping of the animal.

(4) If an operator was the person responsible for an animal when it died, the operator must keep a record of the cause of death and the manner and location of the disposition of the animal's body.

Offences

16  (1) A person who contravenes any section of this Act commits an offence.

(2) 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 a female cat or dog capable of reproduction for a period of time specified by the justice.

(3) A person who fails to comply with an order issued under subsection (2) commits an offence.

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

Penalties

17  (1) A person who commits an offence under this Act is liable on conviction to the penalties established in the Prevention of Cruelty to Animals Act.

Part 4 — Coming into Force

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

 
Explanatory Note

The purpose of this Act is to establish comprehensive standards of care for those that are considered by this Act to be operators of dog and cat breeding premises. Operators have a responsibility to understand and meet the welfare needs of their animals. This Act requires breeders to adopt the highest standards of husbandry, care and handling of their animals.