BILL NO. 186

(ii) game farm animals including cervids, wild boar, bison, buffalo, ratites, llamas and alpacas,

(iii) foxes, chinchilla and mink raised for fur production,

(iv) rabbits raised for meat production,

(v) fin fish raised in an aquaculture site for commercial purposes, and

(vi) any animals designated as farm animals in the regulations;

(ii) scientific teaching or training, or

(iii) the testing of products including medical devices and biological, chemical and pharmacological products,

3 (1) This Act does not apply to wildlife as defined in the Wildlife Act that is not in captivity.

(2) For greater certainty, nothing in this Act overrides Section 193 of the Agriculture and Marketing Act or Sections 7 and 10 of the Sheep Protection Act.

(3) This Act does not apply to mandatory testing procedures undertaken by a research laboratory that are required by Health Canada or the World Health Organization or an organization prescribed in the regulations.

4 The Nova Scotia Society for the Prevention of Cruelty, as continued under the former Act, is hereby continued as a body corporate.

5 The object of the Society is to provide effective means for the prevention of cruelty to animals in the Province.

6 The membership of the Society consists of

(a) each person who was, immediately prior to the coming into force of this Act, a member of the Society; and

(b) each person who, after the coming into force of this Act, becomes a member of the Society in accordance with its by-laws,

as long as that person remains a member of the Society.

7 (1) Subject to subsections (5) and (6), the Society may carry on such activities and exercise such powers as are necessary or conducive to attaining its object and, without restricting the generality of the foregoing, may

(a) promote both the humane treatment of animals and the principles of the Society;

(b) seek the aid of, when necessary, and co-operate with municipal police forces, the Royal Canadian Mounted Police, agricultural representatives and veterinarians;

(c) formulate and amend its constitution and make by-laws necessary to attain its object and, in particular, for the internal control, management and administration of its affairs, including by-laws

(2) Subject to subsections (5) and (6), each by-law of the Society in force immediately prior to the coming into force of this Act is a by-law of the Society until it is repealed or amended pursuant to this Act.

(3) Subject to subsections (5) and (6), the constitution of the Society in force immediately prior to the coming into force of this Act is the constitution of the Society until it is amended or repealed pursuant to this Act.

(4) The Society may delegate any of its powers to its Board of Directors.

(5) The Board of Directors of the Society includes two members appointed by the Minister, who are employed in the civil service of the Province.

(6) Annual general meetings of the Society must be open to the public.

8 (1) Each branch of the Society in existence before the coming into force of this Act is continued as a body corporate.

(2) Each branch of the Society continued or formed pursuant to this Act and registered with the Society

(a) is a body corporate; and

(b) has all the powers of the Society set out in clauses 7(1)(a) to (d).

(3) The Society shall formulate the constitution, by-laws and policies of its branches.

(4) A certificate purporting to be signed by an officer of the Society and certifying that a branch is registered with the Society is conclusive evidence that the branch is a body corporate under this Act.

(5) The boundaries of the area for which a branch is continued or formed are as approved by the Society.

(6) A branch of the Society ceases to be a body corporate upon being removed from the register of the Society in accordance with the by-laws of the Society.

(7) For the purposes of Sections 23 to 26 and 30 , a reference to the Society includes a branch of the Society.

9 The Society and each branch may exercise such powers as may be necessary to achieve its objects and, without restricting the generality of the foregoing, may

(a) receive, acquire and hold gifts, grants, donations and legacies;

(b) acquire by way of grant, gift, purchase, bequest, devise or otherwise, real and personal property and use and apply such property in the attainment of its object;

(c) buy, own, hold, lease, mortgage, sell and convey real and personal property;

(d) borrow money and mortgage its property or any part thereof to secure repayment thereof or performance of any obligation.

10 Each branch is subject to the control and direction of the Society and may, in accordance with the by-laws of the Society, be

(a) dissolved by the Society; or

(b) suspended by the Society or its executive committee.

11 (1) The Board of Directors of the Society shall appoint a Chief Inspector and inspectors for the purpose of inspecting animals other than farm animals.

(2) The Chief Inspector must meet the minimum qualifications prescribed in the regulations.

(3) The Chief Inspector may not be a member of the Board of Directors of the Society or an officer of the Society.

12 The Chief Inspector has

(a) the powers and duties of an inspector of the Society and the powers and duties prescribed in the regulations;

(b) the power to establish qualifications, requirements and standards for inspectors of the Society;

(c) the power to recommend persons to the Society for appointment as inspectors of the Society;

(d) the power to recommend to the Society the revocation of the appointment of an inspector of the Society; and

(e) the general power to oversee the inspectors of the Society in the performance of their duties.

13 The Chief Inspector may carry on such activities and investigations and exercise such powers as are necessary or conducive to preventing, ending or remediating distress to animals other than farm animals and, without restricting the generality of the foregoing, may

(a) investigate cases of cruelty to animals other than farm animals;

(b) inspect and monitor on an ongoing basis facilities where animals other than farm animals are housed or handled including stables, kennels, agricultural shows, pet shops, research laboratories and animal shows;

(c) formulate and co-ordinate the establishment of industry customs and codes of practice supporting the humane treatment of animals other than farm animals.

14 The Chief Inspector shall notify the Provincial Inspector of any reports received by the Chief Inspector or the Society respecting cruelty to a farm animal.

15 (1) The Society shall submit to the Minister an annual report in the form and at the time prescribed by the Minister disclosing all inspections, activities and investigations carried out by the Society, the Chief Inspector and inspectors of the Society for the year in respect of which the report is prepared.

(2) Within sixty days of receiving the report referred to in subsection (1), the Minister shall table the report in the Assembly or, if the Assembly is not then sitting, shall file the report with the Clerk of the Assembly.

(3) The Minister may disseminate an annual report of the Society at any time, whether or not it has been tabled in the Assembly or filed with the Clerk of the Assembly.

(4) The Society shall maintain written records of inspections and investigations respecting cruelty to animals and shall make the records available to the Minister upon request.

16 (1) The Minister is responsible for all investigations of farm animals in distress.

(2) Where any question arises with respect to whether an animal is a farm animal the Minister shall decide and the decision of the Minister is final and may not be appealed.

17 The Minister may appoint a Provincial Inspector and inspectors for the purpose of inspecting farm animals.

18 The Minister may carry on such activities and exercise such powers as are necessary or conducive to preventing, ending or remediating distress to farm animals and, without restricting the generality of the foregoing, may

(a) investigate cases of farm animals in distress;

(b) inspect and monitor on an ongoing basis, facilities where farm animals are housed or handled including stables, kennels, agricultural shows, research laboratories, farms, fur ranches, abattoirs and other agricultural operations;

(c) promote the humane treatment of farm animals;

(d) seek any necessary aid of, and co-operate with, municipal police forces, the Royal Canadian Mounted Police, agricultural representatives, veterinarians and other experts;

(e) formulate and co-ordinate the establishment of industry customs and codes of practice supporting the humane treatment of farm animals.

19 (1) The Governor in Council may, on the recommendation of the Minister, appoint a person as Administrator of the Society for the purpose of investigations and inspections under this Act if the Society takes up a practice or tolerates a situation incompatible with its mandate with respect to investigations and inspections under this Act and the Administrator has all the powers of the Society under this Act for the purpose of investigations and inspections.

(2) An Administrator appointed pursuant to subsection (1) shall be paid the remuneration and expenses that the Governor in Council determines.

(3) On the appointment of an Administrator pursuant to subsection (1) the Society's authority under this Act is suspended until such time as is determined by the Governor in Council.

20 The Governor in Council may make an order appointing a person or organization other than the Society in place of the Society to carry out any of the functions or duties assigned to the Society by this Act.

21 (1) No person shall cause an animal to be in distress.

(2) No owner of an animal or person in charge of an animal shall permit the animal to be in distress.

(3) For the purpose of subsection (2), the owner of an animal or the person in charge of an animal does not permit the animal to be in distress if the owner or person in charge takes immediate appropriate steps to relieve the distress.

(4) Subsections (1) and (2) do not apply if the distress, pain, suffering or injury results from an activity carried on in the practise of veterinary medicine, or in accordance with reasonable and generally accepted practices of animal management, husbandry or slaughter or an activity exempted by the regulations.

(5) Subsection (3) does not apply if the owner of an animal or the person in charge of an animal has demonstrated a pattern of causing or permitting any animal to be in distress.

(6) For greater certainty for the purpose of this Section and Sections 23 to 33, an animal is in distress if the animal is deprived of adequate ventilation, space or veterinary care or is abused.

22 A person who owns or is in charge of an animal other than a farm animal shall

(a) ensure that the animal has an adequate source of food and water;

(b) provide the animal with adequate medical attention when the animal is wounded or ill;

(c) provide the animal with reasonable protection from injurious heat or cold;

(d) not confine the animal to an enclosure or area with inadequate space, unsanitary conditions, inadequate ventilation or without providing an opportunity for exercise so as to significantly impair the animal's health or well-being.

23 (1) Where an inspector finds an animal in distress and the owner or person in charge of the animal

(a) does not immediately take appropriate steps to relieve its distress; or

(b) is not present or cannot be found promptly,

the inspector may, subject to this Act, take such action as the inspector considers necessary to relieve the distress including, without restricting the generality of the foregoing,

(c) taking custody of the animal;

(d) arranging for any necessary transportation, food, water, care, shelter and medical treatment, or any one or more of them;

(e) delivering the animal into the custody of the Society, the Minister or a suitable caretaker.

(2) Before taking action pursuant to subsection (1), an inspector shall take reasonable steps to find the owner or person in charge of the animal and, where the owner is found, shall endeavour to obtain the owner's co-operation to relieve the animal's distress.

(3) Where the owner of the animal is not present or not found and informed of the animal's distress, the inspector, the Society or the Minister in whose custody the animal is delivered, shall take reasonable steps to find the owner and inform the owner of the action taken.

(4) Where an inspector has reasonable and probable grounds for believing that an animal is in distress in or upon any premises other than a private dwelling place the inspector may, with or without a warrant, and by force, if necessary, enter the premises and search for the animal and exercise the powers conferred on the inspector by this Section with respect to any animal in distress found therein.

(5) An inspector who, on reasonable and probable grounds, believes that there is an animal in distress in a private dwelling house shall obtain a warrant to enter the private dwelling house for the purpose of carrying out duties pursuant to this Section.

(6) Before entering any premises pursuant to this Section, an inspector shall take reasonable steps to find the owner or person in charge of the premises and endeavour to obtain the co-operation of the owner or the person in charge.

(7) Where an inspector uses force in entering premises, the inspector shall use no more force than is reasonably required under the circumstances.

(8) An inspector may at any reasonable time and, where the inspector reasonably believes it is necessary to determine compliance with this Act,

(a) enter onto land on which a private dwelling house is located;

(b) require any person in the private dwelling house to produce any animal from within the private dwelling place for examination; and

(c) once an animal is produced, conduct such examination of the animal as may be necessary to determine whether this Act is being complied with.

(9) The owner or person in charge of premises entered by an inspector under this Section and any person found within the premises shall give the inspector all reasonable assistance necessary to enable the inspector to carry out any action authorized under this Act and shall furnish the inspector with any information the inspector requires to carry out that action.

(10) For the purpose of this Act, an inspector may require the operator of a vehicle or vessel that is in motion to stop and, where an inspector signals or requests an operator of a vehicle or vessel to stop, the operator shall comply immediately and shall not move the vehicle or vessel until permitted to do so by the inspector.

24 (1) An inspector who is lawfully in premises pursuant to this Act or a warrant issued under this Act may seize any thing that is produced or that is in plain view if the inspector has reasonable grounds to believe that the thing

(a) will afford evidence of an offence under this Act; or

(b) was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence.

(2) An inspector may remove a thing that is seized or may detain it in the place where it is seized.

(3) An inspector shall inform a person from whom a thing is seized of the reason for the seizure and shall give the person a receipt for it as soon as is practicable on a form approved by the Minister.

25 (1) In this Section, "critical distress" means distress in an animal of such 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) Where an animal that is in critical distress is a farm animal, this Section and Sections 26 and 27 apply mutatis mutandis to the Minister in place of the Society and any references to the Society are references to the Minister.

(3) Where, in the opinion of

(a) a veterinarian; or

(b) where a veterinarian is not readily available, a peace officer,

an animal is in critical distress, a peace officer may euthanize the animal or have the animal euthanized.

(4) Where suffering of an animal referred to in subsection (1) is not unduly prolonged thereby, a peace officer or, where the Society has custody of the animal, the Society shall take reasonable steps to find the owner and endeavour to obtain the owner's consent to its euthanasia.

(5) Where an animal may be euthanized pursuant to subsection (3) and the owner does not consent to its euthanasia, a peace officer may euthanize the animal without the owner's consent.

26 (1) The owner of an animal in the custody of the Society pursuant to this Act shall, when requested to do so by the Society, pay to the Society any expense incurred by the Society with respect to any transportation, food, care, shelter or medical treatment provided for the animal and, where the animal is euthanized, its euthanasia.

(2) Where the Society requires the owner to pay any of the expenses referred to in subsection (1) before return of the animal to the owner, those expenses are due and payable before the animal is returned to the owner.

(3) Where the owner of an animal that is in the custody of the Society is not found within seventy-two hours after the animal has come into the custody of the Society or, where found,

(a) does not within seventy-two hours after the animal has come into the custody of the Society either pay or agree to pay to the Society within an agreed time the expenses properly incurred by the Society with respect to the animal; or

(b) does not pay those expenses within the time agreed pursuant to this subsection,

the Society may sell or give the animal to any person that, in the opinion of the Society, will properly care for the animal.

27 (1) Notwithstanding subsection 26 (3), where the animal bears an obvious identification tattoo, brand mark, tag, licence or other device or identification prescribed in the regulations, the time limit referred to in that subsection is ten days instead of seventy-two hours.

(2) Where the Society sells or gives an animal to any person pursuant to this Act,

(a) the animal is the property of the person to whom it is sold or given; and

(b) any money paid to the Society as a result of the sale of the animal is the property of the Society.

(3) Where an animal is in the custody of the Society and, after the expiry of the time period required by this Section, the Society is unable to sell or give the animal to a suitable person, the Society may cause the animal to be euthanized.

(4) Where an owner or custodian appeals the removal of the animal pursuant to Section 31, the Society or the Minister shall retain custody of the animal until a decision on the appeal has been issued.

28 (1) For the purpose of enforcing this Act and the regulations, a peace officer may, subject to the regulations at all reasonable times, inspect any premises, other than a private dwelling house, in which animals are kept for

(a) slaughter;

(b) food production;

(c) sale;

(d) hire;

(e) exhibition,

(f) sport;

(g) transportation;

(h) boarding;

(i) breeding;

(j) training;

(k) research activities; or

(l) any activity prescribed by the Governor in Council.

(2) Where an inspector is of the opinion that an offence pursuant to this Act is being committed with regard to research animals, the inspector shall

(a) consult or be accompanied by the chair of the animal-care committee associated with that research; or

(b) consult with standards setting agencies prescribed by the regulations or, where the facility in which the research animals are kept is part of the Canadian Council on Animal Care audit program, the Canadian Council on Animal Care,

before taking any further action.

29 (1) Every veterinarian who, in the course of practising veterinary medicine, has found reasonable grounds to believe that an animal has been or is subject to neglect or abuse that threatens the animal's health, other than in the circumstances described in subsection 21(4), shall report that belief to the Society.

(2) No action lies against a person for reporting anything pursuant to subsection (1) unless the reporting is done falsely and maliciously.

(3) This Section does not apply to the Provincial Inspector or inspectors appointed by the Minister.

30 (1) Upon application, or in any proceeding for an offence against this Act, a judge may order a person who claims to own or care for an animal to deliver the animal to the custody of the Society or a person designated by the Minister if, in the opinion of the judge, that person is not fit to care for the animal.

(2) Notwithstanding anything contained in this Act, the Society or the Minister may sell or give away an animal delivered into its custody pursuant to subsection (1) but any money received by the Society or the Minister as a result of selling that animal must be returned to the person who was ordered pursuant to subsection (1) to deliver the animal to the custody of the Society or the Minister, less any amount to cover expenses properly incurred by the Society or the Minister with respect to that animal.

(3) The Society or the Minister may cause an animal delivered into custody pursuant to subsection (1) to be euthanized only if the Society or the Minister, after reasonable attempts, is unable to sell or give the animal to a suitable person.

31 (1) There is hereby established a board known as the Animal Cruelty Appeal Board composed of not more than ten members appointed by the Governor in Council for such terms as the Governor in Council determines.

(2) The Governor in Council shall appoint one of the members of the Board as Chair and another as Vice-chair.

(3) A proceeding before the Board must be heard and determined by a panel consisting of one or more members of the Board assigned by the Chair or Vice-chair.

(4) The Board may, subject to this Act and the regulations, make rules of procedure for the conduct and management of appeals.

(5) Members of the Board shall receive such remuneration and shall be reimbursed for such reasonable expenses incurred by them in carrying out their duties as are determined by the Governor in Council.

(6) A vacancy on the Board does not impair the ability of the Board to act.

32 (1) Subject to subsection (3), an owner or custodian of an animal who considers himself or herself aggrieved by the removal of the animal under Section 23 may, within five business days of receiving notice of the removal, appeal the removal and request the return by notice in writing on the form prescribed by the Minister to the Chair of the Board.

(2) A notice under subsection (1) must set out the reason for the appeal and request for return.

(3) A notice under subsection (1) must be accompanied by payment of the prescribed fee.

(4) This Section does not apply if an order under Section 30 is in force with respect to the animal referred to in subsection (1).

(5) Within the prescribed number of days after receipt of a notice of appeal the Chair of the Board shall notify the person making the appeal and the Society or the Minister, as the case may be, of the time, date and place at which a panel of the Board will hear the appeal.

(6) The date fixed for a hearing must be not more than the prescribed number of days after receipt of the notice of appeal by the Chair of the Board and the decision of the Board must be issued within the prescribed number of days after receipt of the notice of appeal by the Chair.

(7) An appeal made under this Section does not stay the operation of an order removing an animal.

33 (1) At a hearing, the person making the appeal and the Society or the Minister, as the case may be, are entitled to hear the evidence, call and cross-examine witnesses, present arguments and be represented.

(2) After a hearing, or at any time with the consent of the person making the appeal and the Society or the Minister, as the case may be, a panel of the Board may order that an animal removed under Section 23 be returned to its owner or custodian unless the animal has been euthanized.

(3) Notice of a decision of a panel of the Board under subsection (2) must be given to the person making the appeal and the Society or the Minister, as the case may be, within the prescribed number of days after the hearing and written reasons for the decision must be given to those persons within the prescribed number of days after the hearing.

34 (1) The Society may recommend individuals to the Minister for appointment by the Minister of Justice as special constables under the Police Act or recommend that the appointment of such individuals be revoked.

(2) The Minister may recommend individuals to the Minister of Justice for appointment as special constables under the Police Act for the purpose of this Act or recommend that the appointment of such individuals be revoked.

(3) No person may act as an inspector for the purpose of this Act unless the person is appointed as a special constable under the Police Act.

(4) A person who is acting as an inspector for the purpose of this Act shall, upon request, produce evidence of the person's appointment as an inspector.

35 (1) Any person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction

(a) for a first offence, to a fine of not more than ten thousand dollars and, in default of payment, to imprisonment for a term not exceeding six months, or to both fine and imprisonment;

(b) for a second offence, to a fine of not more than twenty-five thousand dollars and, in default of payment, to imprisonment for a term not exceeding six months, or to both fine and imprisonment;

(c) for a third or subsequent offence, to a fine of not more than fifty thousand dollars and, in default of payment, to imprisonment for a term not exceeding six months, or to both fine and imprisonment; or

(d) for a first offence involving harm to a law enforcement animal, a fine of not more than twenty-five thousand dollars and, in default of payment, to imprisonment for a term not exceeding six months, or to both fine and imprisonment.

(2) Where an owner of an animal is found guilty of an offence under this Act or the regulations, the judge may make an order restraining the owner from continuing to have custody of animals for such period of time as is specified by the court.

(3) A person who contravenes an order made by a judge pursuant to subsection (2) is guilty of an offence and liable to the penalties set out in subsection (1).

(4) A person who is found guilty of an offence under this Act with respect to an animal may be ordered by the court to pay the whole or any part of the cost of transportation, food, care, shelter or medical treatment provided to that animal and, where the animal is euthanized, its euthanasia, to the Society or to the Minister.

36 No person shall obstruct a peace officer in the exercise of any powers pursuant to this Act.

37 No action lies against any person acting in good faith for anything done pursuant to this Act.

38 Where a conflict exists between any provision of this Act and any other enactment, other than the Animal Health and Protection Act, the provisions of this Act prevail.

39 (1) The Minister may make regulations

(a) prescribing or adopting industry customs and codes of practice for the humane treatment of animals;

(b) prescribing annual report requirements and times for the purpose of subsection 15(1);

(c) prescribing forms for the purpose of subsection 32 (1).

(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

40 (1) The Governor in Council may make regulations

(a) prescribing, with respect to animals kept for sale, hire, exhibition, research, or that are impounded, boarded or kept for breeding

(c) determining reasonable expenses to be charged to the owner of an animal taken into custody pursuant to this Act for transportation of the animal, food, care, shelter and veterinary medical treatment provided to the animal and for the enthanasia of an animal;

(d) prescribing acceptable methods of euthanasia;

(e) prescribing societies, organizations, institutions or persons to which this Act applies for the purpose of enforcing this Act and determining the extent to which this Act applies to the society, organization, institution or person;

(f) exempting research activities from the requirements of subsection 23 (1) if the research activities are being conducted pursuant to an audit program approved by the Canadian Council on Animal Care or an organization prescribed in the regulations;

(g) prescribing activities for the purpose of subsection 21(4) or 28 (1);

(h) prescribing procedures and time periods for appeals to the Board;

(i) prescribing identification devices or methods for the purposes of subsection 26(1);

(j) prescribing further powers and duties of the Chief Inspector, the Provincial Inspector or inspectors;

(k) prescribing minimum qualifications for persons appointed as the Chief Inspector, the Provincial Inspector or inspectors;

(l) prescribing procedures respecting appeals to the Board;

(m) defining or prescribing unacceptable animal practices, modifications or mutilations;

(n) prescribing activities that are deemed to cause animals to be in distress;

(o) prescribing or adopting acceptable codes of practice respecting animals;

(p) respecting the licensing of animal care facilities and standards for such facilities;

(q) prescribing fees or ranges of fees for appeals;

(r) prescribing fees for the purpose of this Act;

(s) defining any word or expression used but not defined in this Act;

(t) further defining any word or expression defined in this Act;

(u) the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) No regulation may be made pursuant to subsection (1) that conflicts with standards established in nationally developed codes of practice for the care and housing of animals published by organizations prescribed in the regulations.

(3) No regulation may be made pursuant to subsection (1) that is not consistent with the Canadian Council on Animal Care Guidelines for the scientific use of animals.

(4) No action may be taken against a person under this Act if the person complies with the standards referred to in subsection (2) or the Guidelines referred to in subsection (3).

(5) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

41 The former Act is repealed.

42 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.