Animal Protection Act (amended)

BILL NO. 26

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014

Government Bill

Animal Protection Act
(amended)

The Honourable Keith Colwell
Minister of Agriculture

First Reading: October 9, 2014

(Explanatory Notes)

Second Reading: October 20, 2014

Third Reading: November 4, 2014 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) adds a definition of "non-farm animals" to the Act; and

(b) expands the concept of distress to include an animal abandoned, by its owner or by the person in charge of the animal, that is suffering from any of the factors listed in the Act.

Clause 2 clarifies that for inspection purposes a private dwelling is a "private dwelling place".

Clause 3 allows the Minister, with the approval of the Governor in Council, to make orders relating to non-farm animals

(a) dividing the Province into districts for enforcement;

(b) appointing individuals, organizations or municipalities other than the SPCA to carry out duties and functions in the districts or Province; and

Clause 4 specifies that a cat cannot be sold without a licensed veterinarian's certificate of health.

Clause 5

(a) allows a lawfully authorized person to attend with an inspector or peace officer on a premise search for an animal;

(b) protects those participating in the search from an action in trespass; and

Clause 6 corrects punctuation.

Clause 7 repeals an unproclaimed provision.

Clause 8 provides that this Act comes into force on proclamation.

An Act to Amend Chapter 33
of the Acts of 2008,
the Animal Protection Act

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 2(1) of Chapter 33 of the Acts of 2008, the Animal Protection Act, is amended by adding immediately after clause (g) the following clause:

(ga) "non-farm animal" means animals other than those set out in clause (d);

(2) Subsection 2(2) of Chapter 33, as amended by Chapter 50 of the Acts of 2011 and Chapter 8 of the Acts of 2013, is further amended by

(a) striking out "or" at the end of the clause (e);

(b) striking out the period at the end of clause (f) and substituting "; or"; and

(g) abandoned by its owner or by a person in charge of the animal in a manner that causes, or is likely to cause, distress resulting from any or all of the factors listed in this subsection.

2 Subsection 18A(1) of Chapter 33, as enacted by Chapter 50 of the Acts of 2011 and amended by Chapter 8 of the Acts of 2013, is further amended by adding "place" directly after "dwelling" in the fourth line.

3 Section 20 of Chapter 33 is repealed and the following Section substituted:

20 Subject to the approval of the Governor in Council, the Minister may make an order, relating to non-farm animals,

(a) dividing the Province into districts for the purpose of enforcing this Act;

(b) appointing, subject to their consent, one or more individuals, organizations or municipalities in place of the Society, to carry out any or all of the functions or duties of the Society pursuant to this Act, for a district or for the Province; and

(c) assigning such powers, functions and duties as are necessary to the individual, organization or municipality appointed pursuant to clause (b) for the purpose of this Section.

4 Subsection 21(6) of Chapter 33, as enacted by Chapter 8 of the Acts of 2013, is amended by adding "cat or" immediately after "any" in the second line.

5 (1) Subsection 23(4) of Chapter 33, as amended by Chapter 50 of the Acts of 2011 and Chapter 8 of the Acts of 2013, is further amended by

(a) adding "and a person lawfully accompanying the inspector or peace officer" immediately after "officer" in the third line; and

(b) adding "without being liable for trespass and without the owner of the property having the right to object" immediately after "therein" in the last line.

(2) Subsection 23(5) of Chapter 33, as amended by Chapter 50 of the Acts of 2011 and Chapter 8 of the Acts of 2013, is further amended by adding "place" immediately after "dwelling" in the second and in the third lines.

(3) Subsection 23(8) of Chapter 33, as amended by Chapter 50 of the Acts of 2011 and Chapter 8 of the Acts of 2013, is further amended by

(a) adding "place" immediately after "dwelling" in the second line of clause (a); and

(b) adding "place" immediately after "dwelling" in the first and in the third lines of clause (b).

6 Subsection 26(4) of Chapter 33, as enacted by Chapter 50 of the Acts of 2011, is amended by adding a comma immediately after "Minister" in the second last and last lines.

7 Subsection 7(1) of Chapter 8 of the Acts of 2013, the Protection of Animal Welfare and Security Act, is repealed.

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

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created November 12, 2014. Send comments to legc.office@novascotia.ca.

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