BILL NO. 110
2nd Session, 61st General Assembly
59 Elizabeth II, 2010
Animal Protection Act
The Honourable John MacDonell
Minister of Agriculture
First Reading: November 24, 2010
Second Reading: November 25, 2010
Third Reading: December 9, 2010 (LINK TO BILL AS PASSED)
(a) provides for the taking into custody of abandoned farm animals;
(b) clarifies the powers and duties of inspectors and the custody, ownership and disposition of seized animals, including farm animals; and
(c) provides that a prosecution under the Act may be commenced within two years of the offence.
Be it enacted by the Governor and Assembly as follows:
1 Chapter 33 of the Acts of 2008, the Animal Protection Act, is amended by adding immediately after Section 15 the following Section:
(2) Where no person is identified as the farm animal's owner or custodian within thirty days after the last advertisement under subsection (1), the Minister, or a representative of the Minister, may enter upon the lands where the animal is located to take custody of the animal.
(3) The Minister may sell, cause to be permanently adopted or euthanize a farm animal that has been taken into custody under subsection (2).
(4) Where more than one person identifies himself or herself as the owner of the farm animal, the Minister may select one of those persons to be responsible for care of the farm animal until such time as those persons determine the question of ownership.
2 Section 18 of Chapter 33 is amended by adding ", or an inspector appointed under Section 17," immediately after "Minister" in the first line.
3 Chapter 33 is further amended by adding immediately after Section 18 the following Sections:
(2) Upon the request of an inspector, the owner or a representative appointed by the owner shall accompany the inspector during an inspection or investigation pursuant to subsection (1).
(3) An inspector may
(a) require the production of any records relating to the animal care and remove them temporarily for the purpose of making copies;
(b) take photographs or recordings of the premises, including animals, or any activity taking place around the premises;
(c) make an inspection, investigation or inquiry considered necessary to ascertain whether this Act or the regulations, or any direction made pursuant to this Act or the regulations, are being complied with;
(d) exercise such other powers as may be necessary or incidental to the carrying out of the functions of the inspector pursuant to this Act or the regulations.
18B (1) No person shall interfere with or obstruct a person in the exercise of the powers given to the person by this Act or the regulations.
(2) No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information required by an inspector in the exercise of the powers or the performance of the duties of an inspector pursuant to this Act or the regulations.
18C (1) An inspector may give directions orally or in writing for the carrying out of this Act or the regulations and may require that such directions be carried out within such time as is specified.
(2) Directions given orally pursuant to subsection (1) must be confirmed in writing as soon as practicable.
18D An owner shall comply with every direction given pursuant to this Act or the regulations and shall furnish any assistance required for the purpose of entering, inspecting or examining any place or making an inquiry concerning a place.
4 Chapter 33 is further amended by adding immediately after Section 30 the following Section:
(2) The Minister may sell, cause to be permanently adopted or euthanize an animal that has been taken into custody under Section 23 if no application has been filed for judicial review by the required deadline.
5 Chapter 33 is amended by adding immediately after Section 32 the following Section:
6 Subsection 33(2) of Chapter 33 is amended by adding "or retained by or returned to the Society or Minister, as the case may be, to be sold, adopted by another person or euthanized" immediately after "custodian" in the last line.
7 Chapter 33 is further amended by adding immediately after Section 33 the following Section:
8 Chapter 33 is further amended by adding immediately after Section 35 the following Section:
9 Upon the coming into force of Sections 31 to 33 of Chapter 33, Section 30A of Chapter 33 is repealed.
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