LEGAL RESOURCES

RECENT CASE LAW REGARDING ANIMAL LAW & PET INDUSTRY LAW

FEDERAL & PROVINCIAL LEGISLATION / REGULATIONS Animal Pedigree Act   Species at Risk Act ( Royal Assent Dec. 12, 2002) NCC Animal Regulations Canada Wildlife Act Canadian Environmental Assessment Act Criminal Code of Canada Penalties   were   increased   through   bill   Bill   S-203   in   2007.   Mostly,   animal   cruelty   section   sof   the   Criminal   Code   remains   almost   the   same   as   originally passed. Section 264.1 makes it an offence to threaten animals. Sections 444 to 447 address cruelty. Migratory Birds Convention Act Wild Life and Plant Protection and Regulation of International and Interprovincial Trade Agreement ALBERTA The following acts and regulations provide protection for farm animals in Alberta. Animal Protection Act  and Animal Protection Regulation o applies   to   all   animals   during   any   activity,   excluding   generally   accepted   practices   of   animal   management,   husbandry and slaughter o enforced   by   Peace   Officers   with   an   appointment   issued   by   the   Solicitor   General's   office   for   the   Animal   Protection   Act,   Royal Canadian Mounted Police officers and members of municipal police services Meat Inspection Act  and Meat Inspection Regulation o apply to farm animals whose meat is intended for human consumption o enforced by police officers and inspectors designated by the Ministry of Agriculture Livestock Industry Diversification Act  and Livestock Industry Diversification (Ministerial Regulation) o provide the standards of care and slaughter for game animals and the standards for velvet antler removal o enforced by inspectors designated by the Ministry of Agriculture BRITISH COLUMBIA The following acts and regulations provide protection for farm animals in British Columbia. Prevention of Cruelty to Animals Act o protects   all   farm   animals,   excluding   wild   animals,   from   distress   during   any   activity,   excluding   generally   accepted practices of animal management o enforced by police officers and the British Columbia Society for the Prevention of Cruelty to Animals Milk Industry Act  and Milk Industry Standards Regulation o apply to dairy cattle during handling and milking o enforced by inspectors designated by the Ministry of Agriculture and Lands Agricultural Produce Grading Act/Hatchery Regulation o require adequate housing for poultry o enforced by inspectors designated by the Ministry of Agriculture and Lands Food Safety Act  and Meat Inspection Regulation o apply to most farm animals during slaughter o enforced by the Ministry of Healthy Living and Sport MANITOBA The following acts and regulations provide protection for farm animals in Manitoba. Animal Care Act  and Animal Care Regulation - PDF (126 kb) o apply to most farm animals during all activities including transport, excluding generally accepted practices o enforced by the Office of the Chief Veterinarian, special animal protection officers and police officers NEWFOUNDLAND AND LABRADOR Animal Health and Protection Act Animal Protection Standards Regulations Animal Protection Regulations NEW BRUNSWICK Society for the Prevention of Cruelty Act New regulation for pet establishments NOVA SCOTIA An Act to Protect Animals and Aid Animals that are in Distress The following acts and regulations provide protection for farm animals in Nova Scotia. Animal Health and Protection Act o addresses destroying diseased animals, quarantine, vaccination, and testing o enforced by inspectors designated by the Ministry of Agriculture Animal Protection Act o protects   all   animals   during   any   activity,   excluding   generally   accepted   practices   of   animal   management   husbandry   or slaughter o enforced by inspectors designated by the Ministry of Agriculture Meat Inspection Act/Regulations Respecting Slaughter o protect most farm animals during slaughter o enforced by inspectors designated by the Ministry of Agriculture Baby Chick Protection Act o prohibits displaying or selling artificially coloured living chickens o enforced by the Department of Agriculture NUNAVUT The Dog Act The following acts and regulations provide protection for farm animals in Nunavut. Herd and Fencing Act o protects most farm animals during housing (fencing) o enforced by officers appointed by the Commissioner ONTARIO The following acts and regulations provide protection for farm animals in Ontario. Animals for Research Act  and o General Regulation o Pounds Regulation o Research Facilities and Supply Facilities Regulation o Transportation Regulation protect farm animals used in research, teaching, testing protect animals at supply facilities for research regulate municipal pounds enforced by the Ministry of Agriculture, Food and Rural Affairs Food Safety and Quality Act  and o Disposal of Deadstock Regulation require humane destruction and prohibits moving most fallen farm animals enforced by inspectors as appointed by the Ministry of Agriculture, Food and Rural Affairs o Meat Inspection Regulation applies to most farm animals during slaughter enforced by inspectors as appointed by the Ministry of Agriculture, Food and Rural Affairs Livestock Community Sales Act o applies to most farm animals during sale o enforced by inspectors as appointed by the Ministry of Agriculture, Food and Rural Affairs Livestock Community Sales Regulation o provides for euthanizing compromised farm animals at auction o enforced by inspectors as appointed by the Ministry of Agriculture, Food and Rural Affairs Racing Commission Act  and Rules of Racing (use of whip, drugs, cruelty to race horses) o govern the horse racing industry, including the treatment of the farm animals involved o enforced by Racing Commission Investigators Ontario Society for the Prevention of Cruelty to Animals Act o General Regulation enforced by the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) establishes   offences   for   causing   or   permitting   distress   to   an   animal   and   for   failure   to   comply   with   standards   of care exempts    from    those    offences    activities    carried    on    in    accordance    with    reasonable    and    generally    accepted practices   of   agricultural   animal   care,   management   or   husbandry,   and   activities   carried   on   in   accordance   with   the provincial Fish and Wildlife Conservation Act. o Standards of Care Regulation establishes standards of care for all animals includes special provisions for dogs kept outside, wildlife in captivity and primates in captivity PRINCE EDWARD ISLAND The following acts and regulations provide protection for farm animals in Prince Edward Island. Animal Health and Protection Act  - PDF (117 kb)  and Animal Health Regulations  - PDF (249 kb) o protect    all    farm    animals    from    distress    during    any    activity,    excluding    generally    accepted    practices    of    animal management, husbandry or slaughter o enforced by inspectors appointed by the Ministry of Agriculture QUEBEC Animal Health Protection Act o applies to most farm animals o permits agriculture, teaching and research as long as generally accepted agricultural practices are followed o enforced by inspectors and veterinarians appointed by the Quebec Ministry of Agriculture, Fisheries and Food Food Products Act  and Regulation respecting food o provide standards relating to transporting, holding and slaughtering farm animals, as well as facility sanitation o enforced by inspectors and veterinarians appointed by the Quebec Ministry of Agriculture, Fisheries and Food Animal Health Protection Act  and Regulation respecting the sale of livestock by auction  - PDF (62 kb) o protect farm animals subject to auction o enforced by inspectors and veterinarians appointed by the Quebec Ministry of Agriculture, Fisheries and Food Act respecting the conservation and development of wildlife  and Regulation respecting animals in captivity o protect most farm animals kept in captivity o enforced by wildlife protection officers of the Quebec Department of Natural Resources and Wildlife SASKATCHEWAN The following acts and regulations provide protection for farm animals in Saskatchewan. Animal Protection Act  - PDF (142 kb) o protects all animals from being in distress o states   that   an   animal   is   not   considered   to   be   in   distress   if   it   is   handled   in   a   manner   consistent   with   generally   accepted practices of animal management or standard or code of practice o enforced   by   an   animal   protection   officer,   which   includes   by   definition   a   member   of   the   RCMP,   municipal   police service or a person appointed as an animal protection officer Animal Products Act  and Livestock Dealer Regulations o protect   any   farm   animal,   including   fertilized   ova,   fish   and   bees   during   production,   manufacture,   sale,   purchase   and transport o outline    the    licensing    and    conduct    of    persons    dealing    in    livestock,    and    respecting    the    methods    of    reporting    and payment for livestock o provide protection to vendors of livestock when selling livestock to a licensed dealer o enforced by the Minister of Agriculture and appointed inspectors Animal Products Act  and Livestock Inspection and Transportation Regulations o provide    for    inspection    and    detention    of    animals    being    transported    in    the    province    and    for    export    to    confirm ownership o outline criteria for transporting livestock o enforced by the Minister of Agriculture and appointed inspectors Animal Products Act  and Saskatchewan Egg Regulations o license persons dealing in egg and egg products o define grade standards o prescribe the manner and conditions of grading, inspection, packaging, marketing, advertising, branding and labelling o prescribe the standards of construction of equipment, maintenance and operation of facilities o outline methods for the reporting of, and paying for, eggs and egg products o enforced by the Minister of Agriculture and appointed inspectors NORTHWEST TERRITORIES The following acts and regulations provide protection for farm animals in the Northwest Territories. Herd and Fencing Act  - PDF (34 kb) o protects most farm animals during housing (fencing) o enforced by officers appointed by the Commissioner YUKON The following act provides protection for farm animals in Yukon. Animal Protection Act  - PDF (308 kb) o protects all farm animals from distress and cruelty during any activity o enforced by the Yukon Society for the Prevention of Cruelty to Animals and police officers