ANIMAL PROTECTION LAWS OF NEW BRUNSWICK 1. GENERAL PROHIBITIONS 2. PENALTIES 3. EXEMPTIONS 4. COUNSELING / EVALUATIONS 5. PROTECTIVE ORDERS 6. RESTITUTION / REIMBURSEMENT OF COSTS / BONDING & LIENS 7. SEIZURE / ON-SITE SUPERVISION 8. FORFEITURE / POSSESSION 9. CROSS ENFORCEMENT / REPORTING 10. VETERINARIAN REPORTING / IMMUNITY 11. LAW ENFORCEMENT POLICIES 12. SEXUAL ASSAULT 13. FIGHTING 14. REFERENCED STATUTES & REGULATIONS This chapter contains New Brunswick s general animal protection and related laws enacted prior to July 2012. It begins with an overview of the provisions contained in these laws, followed by the full text of the statutes and regulations themselves. The various provisions are organized into categories. Within the first thirteen of these categories, the relevant part of each law is italicized. Category 14 provides a non-italicized version of each of the previously referenced laws, in numerical order. The penalties and related provisions for categories 12 and 13 are generally located within each of those respective sections. New Brunswick may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more specific statutes in addition to those included; and may have a variety of other animal-related regulations in effect. Canada s federal animal protection laws also apply in New Brunswick. Because the law is continually evolving, always review an official source for the most current language of any statute. ANIMAL PROTECTION LAWS OF OF THE USA & CANADA (7(6 TH TH EDITION) 2011 Stephan 2012 Animal K. Otto, Legal Animal Defense Legal Fund Defense Fund
NEW BRUNSWICK 1. GENERAL PROHIBITIONS * (1) Duty of care R.S.N.B., ch S-12, s. 18 (2) Destruction of animals must be humane R.S.N.B., ch S-12, s. 19 (3) Duty upon injuring a domestic animal with a vehicle R.S.N.B., ch S-12, s. 21 (4) Standards for animal care N.B. Reg. 2000-4, s. 4 Animals Covered in Definition [A] non-human living being with a developed nervous system [D]omestic animal means any animal that is kept under human control or by habit or training lives in association with man N.B. Reg. 2000-4, s. 2 Classification of Crimes (1) Category J offence (2) Category D offense (3) Category C offence (4) Category B offence NEW BRUNSWICK-3
NEW BRUNSWICK continued 2. MAXIMUM PENALTIES ** (1) 18 months imprisonment R.S.N.B., c. P-22.1, s. 64(3) and $200,000 fine R.S.N.B., c. P-22.1, s. 56(10) (2) $2,100 fine R.S.N.B., c. P-22.1, s. 56(4) (3) $1,000 fine R.S.N.B., c. P-22.1, s. 56(3) (4) $640 fine R.S.N.B., c. P-22.1, s. 56(2) 3. EXEMPTIONS *** 9 R.S.N.B., c. S-12, s. 19 4, 9 N.B. Reg. 2000-4, s. 4(2) 4. COUNSELING / EVALUATIONS H ----- 5. PROTECTIVE ORDERS H ----- 6. RESTITUTION / REIMBURSEMENT OF COSTS / BONDING & LIENS H The owner of a seized animal is liable for the costs incurred in the care and treatment of the seized animal, and this amount is a debt due by that person R.S.N.B., c. S-12, s. 16 NEW BRUNSWICK-4
NEW BRUNSWICK continued 7. SEIZURE / ON-SITE SUPERVISION An animal protection officer may examine, seize and destroy an animal found running at large, abandoned, or not properly cared for, if a veterinarian determines the animal is injured, disabled, diseased past recovery, or unfit for any useful purpose R.S.N.B., ch S-12, s. 13 NEW BRUNSWICK-5 An animal protection officer may seize an animal found running at large R.S.N.B., ch S-12, s. 15(1)(a) Notification of seizure; procedures for reclaiming R.S.N.B., ch S-12, s. 16 Restrictions on the seizure authority R.S.N.B., ch S-12, s. 16.1 An animal protection officer may apply for an entry warrant R.S.N.B., ch S-12, ss. 17.1, 27(3) Upon reasonable and probable grounds that an animal is not receiving minimum care for more than 24 hours, an animal protection officer may enter to provide such care; and may seize the animal if necessary to attend to the immediate needs of the animal R.S.N.B., ch S-12, s. 27 An animal protection officer may use reasonable force to seize an animal confined in a motor vehicle in distress or deprived of reasonable protection from heat or cold, after taking reasonable steps to find the owner or person in charge of the vehicle R.S.N.B., ch S-12, s. 27.1
NEW BRUNSWICK continued 7. SEIZURE / ON-SITE SUPERVISION continued Upon reasonable and probable grounds that an animal in a dwelling house requires immediate attention, an animal protection officer may apply for a warrant to enter the house and seize the animal if necessary to attend to the immediate needs of the animal R.S.N.B., ch S-12, s. 28 NEW BRUNSWICK-6 If a person is violating a no-animals sentencing requirement, an animal protection officer may apply for a warrant to enter a dwelling house to seize the animal R.S.N.B., ch S-12, s. 29 8. FORFEITURE / POSSESSION H Ownership of a seized animal is vested in the society if an owner is not identified within 3 business days after the seizure, or if the owner does not reclaim and pay the costs incurred for care within 3 business days of notice R.S.N.B., ch S-12, ss. 16(4), (4.1) Seized animals that are beyond hope of recovery, or if it would be inhumane to allow the continued pain and suffering of the animal, may be euthanized R.S.N.B., ch S-12, s. 17 Upon conviction, a court may prohibit an offender from owning or having possession, care and control of any animal for any period of time; upon a subsequent conviction this period may be for the life of the offender R.S.N.B., ch S-12, s. 26 Upon conviction, a court may order the animal victimized by the offender forfeited,
and any other animals owned by the offender R.S.N.B., ch S-12, s. 26 NEW BRUNSWICK continued 9. CROSS ENFORCEMENT / REPORTING ----- 10. VETERINARIAN REPORTING / IMMUNITY ----- 11. LAW ENFORCEMENT POLICIES Animal protection officers have and may exercise all the powers, authorities and immunities of a peace officer R.S.N.B., ch S-12, s. 11 No person may hinder or obstruct an animal protection officer; violation is a category D offence R.S.N.B., ch S-12, s. 11.1 Members of the Royal Canadian Mounted Police and police officers shall aid and assist animal protection officers in the enforcement of this Act and have the powers of animal protection officers R.S.N.B., ch S-12, s. 12 Requirements for appointment as animal protection officer N.B. Reg. 2000-4, s. 3 12. SEXUAL ASSAULT ----- 13. FIGHTING Animal fighting is a Category B offence N.B. Reg. 2000-4, s. 6 NOTES New Brunswick has additional statutes and regulations relating to commercial animal establishments NEW BRUNSWICK-7
* Jurisdictions may have other more specific statutes in addition to the general animal protection statutes referenced in this table. ** Despite statutory maximums, jurisdictions may employ sentencing guidelines that may significantly alter the allowable sentence. *** Exemptions:1-veterinary practice, 2-research animals, 3-wildlife, 4-traditional farm animal husbandry practices, 5-slaughter, 6-pest control, 7-rodeo, 8-zoos/circuses, 9-other. H This table generally references only those provisions that are within each jurisdiction s animal protection statutes. Jurisdictions may employ similar provisions within other non-animal-specific criminal and civil statutes, and may also have a variety of animal-related regulations in effect. NEW BRUNSWICK-8
1. GENERAL PROHIBITIONS Society for the Prevention of Cruelty to Animals Act, R.S.N.B. 1973, c. S-12, ss. 0.1, 1, 18, 19, 21 (2012) 0.1 In this Act 1 "animal" means animal as defined in the regulations; "animal protection officer" means an officer, agent or employee of the society or any other person appointed by the Minister under section 8; business day means a day on which the offices of the society are open for business; "domestic animal" means domestic animal as defined in the regulations; "Minister" means the Minister of the Environment and Local Government and includes any person designated by the Minister to act on the Minister's behalf; "pet establishment" means pet establishment as defined in the regulations; "public road" means public road as defined in the regulations; "society" means The New Brunswick Society for the Prevention of Cruelty to Animals continued under section 1. The New Brunswick Society for the Prevention of Cruelty incorporated by Chapter 58 of the Acts of 44 Victoria, (1881), is hereby continued under the name of The New Brunswick Society for the Prevention of Cruelty to Animals and shall consist of all persons who contribute to the funds thereof, according to the terms and conditions prescribed by the rules and regulations of the society. 18(1) A person who has ownership, possession or the care and control of an animal shall provide the animal with food, water, shelter and care in accordance with the regulations. NEW BRUNSWICK-9
18(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category J offence. 18(3) [Repealed 1997, c. 27, s. 5.] 18(4) [Repealed 1997, c. 27, s. 5.] 19(1) A person who destroys or assists in the destruction of an animal shall do so in a humane manner in accordance with the regulations. 19(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence. 19(3) A person does not commit an offence under subsection (1) where, in an emergency situation or where the provision of veterinary services are impracticable, an animal is destroyed by use of a firearm in a manner that does not cause unnecessary pain or panic to the animal. 21(1) A person operating a motor vehicle that strikes and injures a domestic animal shall stop and use reasonable diligence to notify the owner, a peace officer or an animal protection officer and take such other reasonable and appropriate action so that the animal may receive proper care. 21(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence. NEW BRUNSWICK-10
25 A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence. General Regulation, N.B. Reg. 2000-4, s. 2 (2012). Definitions 2(1) In this Regulation Act means the Society for the Prevention of Cruelty to Animals Act. 2(2) In the Act and this Regulation animal means a non-human living being with a developed nervous system; domestic animal means any animal that is kept under human control or by habit or training lives in association with man; public road means a highway as defined in the Motor Vehicle Act and does not include a private road or driveway as defined in the Motor Vehicle Act. Standards for animal care 4(1) * * * * * For the purpose of subsection 18(1) of the Act, a person who has ownership, possession or care and control of an animal (a) shall ensure that the animal has an adequate source of food and water; (b) shall provide the animal with adequate medical attention when the animal is wounded or ill; (c) shall provide the animal with reasonable protection from injurious heat or cold; and NEW BRUNSWICK-11
(d) shall not confine the animal to an enclosure, area or motor vehicle (i) (ii) (iii) (iv) (v) (vi) with inadequate space, with unsanitary conditions, with inadequate ventilation, with inappropriate other occupants, without providing an opportunity for exercise, or that is in a state of disrepair, so as to significantly impair the animal s health or well-being. NEW BRUNSWICK-12
2. PENALTIES Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, ss. 56, 64 (2011) 56(2) * * * * * Where an Act makes an offence punishable as a category B offence, a judge shall impose a fine of not less than $140 and not more than $640. 56(3) Where an Act makes an offence punishable as a category C offence, a judge shall impose a fine of not less than $140 and not more than $1,100. 56(4) Where an Act makes an offence punishable as a category D offence, a judge shall impose a fine of not less than $140 and not more than $2,100. 56(10) * * * * * Where an Act makes an offence punishable as a category J offence, a judge shall impose a fine of not less than $500 and not more than $200,000. 64(3) * * * * * A judge may, in relation to a category J offence, sentence a defendant to a term of imprisonment of not more than eighteen months. NEW BRUNSWICK-13
3. EXEMPTIONS Society for the Prevention of Cruelty to Animals Act, R.S.N.B. 1973, c. S-12, s. 19 (2012) 19(1) A person who destroys or assists in the destruction of an animal shall do so in a humane manner in accordance with the regulations. 19(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence. 19(3) A person does not commit an offence under subsection (1) where, in an emergency situation or where the provision of veterinary services are impracticable, an animal is destroyed by use of a firearm in a manner that does not cause unnecessary pain or panic to the animal. General Regulation, N.B. Reg. 2000-4, s. 4(2) (2012). 4(2) A person shall not be convicted of an offence under subsection 18(2) of the Act for treating an animal in a manner (a) consistent with a standard or code of conduct, practice or procedure specified in Schedule A, (b) consistent with generally accepted practices or procedures for such an activity, or (c) otherwise reasonable in the circumstances. NEW BRUNSWICK-14
4. COUNSELING / EVALUATIONS ----- 5. PROTECTIVE ORDERS ----- NEW BRUNSWICK-15
6. RESTITUTION / REIMBURSEMENT OF COSTS / BONDING & LIENS Society for the Prevention of Cruelty to Animals Act, R.S.N.B. 1973, c. S-12, s. 16 (2012) 16(1) Where an animal has been seized under this Act, the animal protection officer shall within five days notify the owner or make reasonable attempts to identify and notify the owner if the owner is not known, 16(2) (a) that the animal has been seized by the animal protection officer, and (b) of the costs that have been incurred or will be incurred in the care and treatment of the animal. The owner of a seized animal is liable to pay the costs incurred in the care and treatment of the seized animal. 16(3) Where the owner of an animal seized under paragraph 15(1)(a) is identified, the owner may reclaim the animal 3 business days after receipt of the notice under subsection (1) if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal. 16(3.1) Where the owner of an animal seized under paragraph 15(1)(b) is identified, the owner may reclaim the animal 15 days after the seizure if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal. 16(4) The ownership of an animal seized under paragraph 15(1)(a) vests in the society if the owner (a) cannot be identified within 3 business days after the seizure, or (b) does not reclaim the animal 3 business days after receipt of the notice under subsection (1) and does not pay the costs incurred in respect of the care and treatment of the animal. NEW BRUNSWICK-16
16(4.1) The ownership of an animal seized under paragraph 15(1)(b) vests in the society if the owner (a) cannot be identified within 3 business days after the seizure, or (b) does not reclaim the animal 15 days after the seizure and does not pay the costs incurred in respect of the care and treatment of the animal. 16(5) An animal protection officer may, before the 3 day period referred to in paragraph (4)(b) expires, release to the owner an animal seized under paragraph 15(1)(a) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal. 16(5.1) An animal protection officer may, before the 15 day period referred to in paragraph (4.1)(b) expires, release to the owner an animal seized under paragraph 15(1)(b) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal. 16(6) Any amount for which a person is liable for the costs incurred in respect of the care and treatment of a seized animal under this Act is a debt due by that person. NEW BRUNSWICK-17
7. SEIZURE / ON-SITE SUPERVISION Society for the Prevention of Cruelty to Animals Act, R.S.N.B. 1973, c. S-12, ss. 13, 15, 16, 16.1, 17.1, 27-29 (2012) 13 An agent of the society, or of any branch thereof, may lawfully examine, seize and destroy or cause to be destroyed, an animal found at large, abandoned or not properly cared for if, in the judgment of a veterinary surgeon called by such agent to view the same, the animal is injured, disabled, diseased past recovery, or unfit for any useful purpose. 14(1) An animal protection officer may at any reasonable time enter and inspect 14(2) (a) a licensed pet establishment, or (b) any building, place or premises, except a dwelling house, that the animal protection officer has reason to believe is being used for or in connection with a pet establishment. Before or after attempting to enter any place for the purposes of subsection (1), an animal protection officer may apply to a judge for an entry warrant under the Entry Warrants Act. 14(3) An animal protection officer may at any time require a licensee 14(4) (a) to produce an animal for inspection, or (b) to produce for inspection, or for the purpose of obtaining copies or extracts, any records, books, accounts or other documents, other than financial records, books, accounts or documents, relating to the establishment, operation or maintenance of a pet establishment. A licensee shall immediately on demand by an animal protection officer produce (a) the animal, or (b) the records, books, accounts and other documents relating to the pet establishment. NEW BRUNSWICK-18
14(5) An animal protection officer may seize an animal that is being kept in a pet establishment if the animal requires immediate attention. 15(1) An animal protection officer may seize an animal 15(2) (a) found running at large, or (b) otherwise, in accordance with this Act and the regulations. An animal protection officer may place a seized animal under care for a period not exceeding 15 days and for such additional periods as may be required for the prosecution of an offence respecting the animal. 16(1) Where an animal has been seized under this Act, the animal protection officer shall within 3 business days notify the owner or make reasonable attempts to identify and notify the owner if the owner is not known, 16(2) (a) that the animal has been seized by the animal protection officer, and (b) of the costs that have been incurred or will be incurred in the care and treatment of the animal. The owner of a seized animal is liable to pay the costs incurred in the care and treatment of the seized animal. 16(3) Where the owner of an animal seized under paragraph 15(1)(a) is identified, the owner may reclaim the animal 3 business days after receipt of the notice under subsection (1) if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal. NEW BRUNSWICK-19
16(3.1) Where the owner of an animal seized under paragraph 15(1)(b) is identified, the owner may reclaim the animal 15 days after the seizure if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal. 16(4) The ownership of an animal seized under paragraph 15(1)(a) vests in the society if the owner (a) cannot be identified within 3 business days after the seizure, or (b) does not reclaim the animal 3 business days after receipt of the notice under subsection (1) and does not pay the costs incurred in respect of the care and treatment of the animal. 16(4.1) The ownership of an animal seized under paragraph 15(1)(b) vests in the society if the owner (a) cannot be identified within 3 business days after the seizure, or (b) does not reclaim the animal 15 days after the seizure and does not pay the costs incurred in respect of the care and treatment of the animal. 16(5) An animal protection officer may, before the 3 day period referred to in paragraph (4)(b) expires, release to the owner an animal seized under paragraph 15(1)(a) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal. 16(5.1) An animal protection officer may, before the 15 day period referred to in paragraph (4.1)(b) expires, release to the owner an animal seized under paragraph 15(1)(b) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal. 16(6) Any amount for which a person is liable for the costs incurred in respect of the care and treatment of a seized animal under this Act is a debt due by that person. NEW BRUNSWICK-20
16.1 The powers in section 16 may only be exercised 17.1 (a) in emergencies, or (b) pursuant to an entry warrant. Before or after attempting to enter any place for the purposes of section 15, 16 or 17, an agent of the society may apply for an entry warrant in accordance with the Entry Warrants Act. 27(1) Where an animal protection officer has, on reasonable and probable grounds, reason to believe that an animal is confined, impounded or yarded without adequate food, water, shelter or care for more than twenty-four consecutive hours, an animal protection officer or a person authorized by an animal protection officer may enter the place or break and enter any enclosure, erection or building where the animal is confined, impounded or yarded, except a dwelling house, to provide the animal with food, water, shelter or care. 27(2) An animal protection officer may seize an animal referred to in subsection (1) if the seizure is necessary to attend to the immediate needs of the animal. 27(3) Before or after attempting to enter any place for the purpose of subsection (1), an animal protection officer may apply to a judge for an entry warrant under the Entry Warrants Act. 27.1(1) Where an animal protection officer has, on reasonable and probable grounds, reason to believe that an animal is confined in a motor vehicle and is in distress or is deprived of reasonable protection from injurious heat or cold, the animal protection officer or a person authorized by the animal protection officer may enter the motor vehicle, using the force the animal protection officer considers necessary, for the purposes of attending to the needs of the animal. 27.1(2) An animal protection officer may seize an animal referred to in subsection (1) if the seizure is necessary to attend to the immediate needs of the animal. NEW BRUNSWICK-21
27.1(3) If the circumstances permit, an animal protection officer shall, before attempting to enter a motor vehicle under subsection (1), take reasonable steps to find the owner or person in charge of the motor vehicle. 28 Where an animal protection officer has, on reasonable and probable grounds, reason to believe that an animal confined in a dwelling house requires immediate attention, the animal protection officer may apply to a judge for a entry warrant under the Entry Warrants Act to enter a dwelling house for the purposes of attending to the needs of the animal and to seize the animal if necessary to attend to the immediate needs of the animal. 29 Where an animal protection officer has, on reasonable and probable grounds, reason to believe that a person owns an animal or has an animal in his or her possession or care and control contrary to an order issued under section 26, the animal protection officer may apply to a judge for a entry warrant under the Entry Warrants Act to enter any place including a dwelling house for the purpose of seizing the animal. NEW BRUNSWICK-22
8. FORFEITURE / POSSESSION Society for the Prevention of Cruelty to Animals Act, R.S.N.B. 1973, c. S-12, ss. 16, 17, 24, 26 (2012) 16(1) Where an animal has been seized under this Act, the animal protection officer shall within five days notify the owner or make reasonable attempts to identify and notify the owner if the owner is not known, 16(2) (a) that the animal has been seized by the animal protection officer, and (b) of the costs that have been incurred or will be incurred in the care and treatment of the animal. The owner of a seized animal is liable to pay the costs incurred in the care and treatment of the seized animal. 16(3) Where the owner of an animal seized under paragraph 15(1)(a) is identified, the owner may reclaim the animal 3 business days after receipt of the notice under subsection (1) if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal. 16(3.1) Where the owner of an animal seized under paragraph 15(1)(b) is identified, the owner may reclaim the animal 15 days after the seizure if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal. 16(4) The ownership of an animal seized under paragraph 15(1)(a) vests in the society if the owner (a) cannot be identified within 3 business days after the seizure, or (b) does not reclaim the animal 3 business days after receipt of the notice under subsection (1) and does not pay the costs incurred in respect of the care and treatment of the animal. NEW BRUNSWICK-23
16(4.1) The ownership of an animal seized under paragraph 15(1)(b) vests in the society if the owner (a) cannot be identified within 3 business days after the seizure, or (b) does not reclaim the animal 15 days after the seizure and does not pay the costs incurred in respect of the care and treatment of the animal. 16(5) An animal protection officer may, before the 3 day period referred to in paragraph (4)(b) expires, release to the owner an animal seized under paragraph 15(1)(a) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal. 16(5.1) An animal protection officer may, before the 15 day period referred to in paragraph (4.1)(b) expires, release to the owner an animal seized under paragraph 15(1)(b) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal. 16(6) Any amount for which a person is liable for the costs incurred in respect of the care and treatment of a seized animal under this Act is a debt due by that person. 17 Where, in the opinion of an animal protection officer, 24 (a) it is unlikely that a seized animal will recover from its injuries, or (b) it would be inhumane to allow the continued pain and suffering of the seized animal, an animal protection officer or a person authorized by an animal protection officer may destroy the animal. A person who owns or has the possession or care and control of an animal while prohibited from doing so by reason of an order made under section 26 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence. NEW BRUNSWICK-24
26 In addition to imposing sentence under the Provincial Offences Procedures Act in relation to a conviction of an offence under this Act, a judge (a) may make an order prohibiting the defendant from owning or having any animal in his or her possession or care and control for such period as the judge prescribes, (b) shall, in the case of a second or subsequent offence, make an order prohibiting the defendant from owning or having any animal in his or her possession or care and control (i) for the lifetime of the defendant, or (ii) for such period as the judge prescribes, or (c) may make an order vesting in the society (i) the ownership of all animals owned by the defendant, or (ii) the ownership of the animal in respect of which the prosecution has been commenced. NEW BRUNSWICK-25
9. CROSS ENFORCEMENT / REPORTING ----- 10. VETERINARIAN REPORTING / IMMUNITY ----- NEW BRUNSWICK-26
11. LAW ENFORCEMENT POLICIES Society for the Prevention of Cruelty to Animals Act, R.S.N.B. 1973, c. S-12, ss. 11, 11.1, 12, 14 (2012) 11(1) Every animal protection officer in carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada). 11(2) Every animal protection officer may exercise all the powers and authorities conferred upon an animal protection officer by this Act in any part of the Province. 11.1(1) No person shall obstruct or hinder an animal protection officer or a person authorized by an animal protection officer in carrying out his or her duties under this Act and the regulations. 11.1(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence. 12 Members of the Royal Canadian Mounted Police and police officers appointed under the Police Act shall aid and assist animal protection officers in the enforcement of this Act and have the powers of animal protection officers under sections 17, 27, 27.1, 28 and 29. General Regulation, N.B. Reg. 2000-4, s. 3 (2012). Appointment of animal protection officers 3(1) No person shall be appointed as an animal protection officer under subsection 8(1) of the Act unless the person has met the requirements set out in subsection (2). NEW BRUNSWICK-27
3(2) Each person shall successfully pass, to the Minister s satisfaction, an examination illustrating the person s knowledge of (a) (b) (c) animal care, handling and behaviour, the powers, authorities and immunities of a peace officer, animal, search and seizure and enforcement laws of the Province, including (i) the Entry Warrants Act, and (ii) the Provincial Offences Procedure Act, and (d) animal and criminal laws of Canada. NEW BRUNSWICK-28
12. SEXUAL ASSAULT ----- NEW BRUNSWICK-29
13. FIGHTING General Regulation, N.B. Reg. 2000-4, s. 6 (2012). Prohibited practices 6 No person shall in any manner conduct, promote or participate in any contest involving fighting between animals and all such contests are prohibited. NEW BRUNSWICK-30
14. REFERENCED STATUTES & REGULATIONS Society for the Prevention of Cruelty to Animals Act, R.S.N.B. 1973, c. S-12, s. 1-32 (2012) 0.1 In this Act 1 "animal" means animal as defined in the regulations; "animal protection officer" means an officer, agent or employee of the society or any other person appointed by the Minister under section 8; business day means a day on which the offices of the society are open for business; "domestic animal" means domestic animal as defined in the regulations; "Minister" means the Minister of the Environment and Local Government and includes any person designated by the Minister to act on the Minister's behalf; "pet establishment" means pet establishment as defined in the regulations; "public road" means public road as defined in the regulations; "society" means The New Brunswick Society for the Prevention of Cruelty to Animals continued under section 1. The New Brunswick Society for the Prevention of Cruelty incorporated by Chapter 58 of the Acts of 44 Victoria, (1881), is hereby continued under the name of The New Brunswick Society for the Prevention of Cruelty to Animals and shall consist of all persons who contribute to the funds thereof, according to the terms and conditions prescribed by the rules and regulations of the society. * * * * * NEW BRUNSWICK-31
11(1) Every animal protection officer in carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada). 11(2) Every animal protection officer may exercise all the powers and authorities conferred upon an animal protection officer by this Act in any part of the Province. 11.1(1) No person shall obstruct or hinder an animal protection officer or a person authorized by an animal protection officer in carrying out his or her duties under this Act and the regulations. 11.1(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence. 12 Members of the Royal Canadian Mounted Police and police officers appointed under the Police Act shall aid and assist animal protection officers in the enforcement of this Act and have the powers of animal protection officers under sections 17, 27, 27.1, 28 and 29. 13 An agent of the society, or of any branch thereof, may lawfully examine, seize and destroy or cause to be destroyed, an animal found at large, abandoned or not properly cared for if, in the judgment of a veterinary surgeon called by such agent to view the same, the animal is injured, disabled, diseased past recovery, or unfit for any useful purpose. 14(1) An animal protection officer may at any reasonable time enter and inspect (c) a licensed pet establishment, or (d) any building, place or premises, except a dwelling house, that the animal protection officer has reason to believe is being used for or in connection with a pet establishment. NEW BRUNSWICK-32
14(2) Before or after attempting to enter any place for the purposes of subsection (1), an animal protection officer may apply to a judge for an entry warrant under the Entry Warrants Act. 14(3) An animal protection officer may at any time require a licensee 14(4) (a) to produce an animal for inspection, or (b) to produce for inspection, or for the purpose of obtaining copies or extracts, any records, books, accounts or other documents, other than financial records, books, accounts or documents, relating to the establishment, operation or maintenance of a pet establishment. A licensee shall immediately on demand by an animal protection officer produce 14(5) (a) the animal, or (b) the records, books, accounts and other documents relating to the pet establishment. An animal protection officer may seize an animal that is being kept in a pet establishment if the animal requires immediate attention. 15(1) An animal protection officer may seize an animal 15(2) (a) found running at large, or (b) otherwise, in accordance with this Act and the regulations. An animal protection officer may place a seized animal under care for a period not exceeding 15 days and for such additional periods as may be required for the prosecution of an offence respecting the animal. NEW BRUNSWICK-33
16(1) Where an animal has been seized under this Act, the animal protection officer shall within 3 business days notify the owner or make reasonable attempts to identify and notify the owner if the owner is not known, 16(2) (a) that the animal has been seized by the animal protection officer, and (b) of the costs that have been incurred or will be incurred in the care and treatment of the animal. The owner of a seized animal is liable to pay the costs incurred in the care and treatment of the seized animal. 16(3) Where the owner of an animal seized under paragraph 15(1)(a) is identified, the owner may reclaim the animal 3 business days after receipt of the notice under subsection (1) if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal. 16(3.1) Where the owner of an animal seized under paragraph 15(1)(b) is identified, the owner may reclaim the animal 15 days after the seizure if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal. 16(4) The ownership of an animal seized under paragraph 15(1)(a) vests in the society if the owner (a) cannot be identified within 3 business days after the seizure, or (b) does not reclaim the animal 3 business days after receipt of the notice under subsection (1) and does not pay the costs incurred in respect of the care and treatment of the animal. 16(4.1) The ownership of an animal seized under paragraph 15(1)(b) vests in the society if the owner (a) cannot be identified within 3 business days after the seizure, or (b) does not reclaim the animal 15 days after the seizure and does not pay the costs incurred in respect of the care and treatment of the animal. NEW BRUNSWICK-34
16(5) An animal protection officer may, before the 3 day period referred to in paragraph (4)(b) expires, release to the owner an animal seized under paragraph 15(1)(a) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal. 16(5.1) An animal protection officer may, before the 15 day period referred to in paragraph (4.1)(b) expires, release to the owner an animal seized under paragraph 15(1)(b) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal. 16(6) Any amount for which a person is liable for the costs incurred in respect of the care and treatment of a seized animal under this Act is a debt due by that person. 16.1 The powers in section 16 may only be exercised 17 (a) in emergencies, or (b) pursuant to an entry warrant. Where, in the opinion of an animal protection officer, 17.1 (a) it is unlikely that a seized animal will recover from its injuries, or (b) it would be inhumane to allow the continued pain and suffering of the seized animal, an animal protection officer or a person authorized by an animal protection officer may destroy the animal. Before or after attempting to enter any place for the purposes of section 15, 16 or 17, an agent of the society may apply for an entry warrant in accordance with the Entry Warrants Act. NEW BRUNSWICK-35
18(1) A person who has ownership, possession or the care and control of an animal shall provide the animal with food, water, shelter and care in accordance with the regulations. 18(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category J offence. 18(3) [Repealed 1997, c. 27, s. 5.] 18(4) [Repealed 1997, c. 27, s. 5.] 19(1) A person who destroys or assists in the destruction of an animal shall do so in a humane manner in accordance with the regulations. 19(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence. 19(3) A person does not commit an offence under subsection (1) where, in an emergency situation or where the provision of veterinary services are impracticable, an animal is destroyed by use of a firearm in a manner that does not cause unnecessary pain or panic to the animal. 21(1) * * * * * A person operating a motor vehicle that strikes and injures a domestic animal shall stop and use reasonable diligence to notify the owner, a peace officer or an animal protection officer and take such other reasonable and appropriate action so that the animal may receive proper care. NEW BRUNSWICK-36
21(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence. 24 * * * * * A person who owns or has the possession or care and control of an animal while prohibited from doing so by reason of an order made under section 26 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence. 26 * * * * * In addition to imposing sentence under the Provincial Offences Procedures Act in relation to a conviction of an offence under this Act, a judge (a) may make an order prohibiting the defendant from owning or having any animal in his or her possession or care and control for such period as the judge prescribes, (b) shall, in the case of a second or subsequent offence, make an order prohibiting the defendant from owning or having any animal in his or her possession or care and control (i) for the lifetime of the defendant, or (ii) for such period as the judge prescribes, or (c) may make an order vesting in the society (i) the ownership of all animals owned by the defendant, or (ii) the ownership of the animal in respect of which the prosecution has been commenced. NEW BRUNSWICK-37
27(1) Where an animal protection officer has, on reasonable and probable grounds, reason to believe that an animal is confined, impounded or yarded without adequate food, water, shelter or care for more than twenty-four consecutive hours, an animal protection officer or a person authorized by an animal protection officer may enter the place or break and enter any enclosure, erection or building where the animal is confined, impounded or yarded, except a dwelling house, to provide the animal with food, water, shelter or care. 27(2) An animal protection officer may seize an animal referred to in subsection (1) if the seizure is necessary to attend to the immediate needs of the animal. 27(3) Before or after attempting to enter any place for the purpose of subsection (1), an animal protection officer may apply to a judge for an entry warrant under the Entry Warrants Act. 27.1(1) Where an animal protection officer has, on reasonable and probable grounds, reason to believe that an animal is confined in a motor vehicle and is in distress or is deprived of reasonable protection from injurious heat or cold, the animal protection officer or a person authorized by the animal protection officer may enter the motor vehicle, using the force the animal protection officer considers necessary, for the purposes of attending to the needs of the animal. 27.1(2) An animal protection officer may seize an animal referred to in subsection (1) if the seizure is necessary to attend to the immediate needs of the animal. 27.1(3) If the circumstances permit, an animal protection officer shall, before attempting to enter a motor vehicle under subsection (1), take reasonable steps to find the owner or person in charge of the motor vehicle. NEW BRUNSWICK-38
28 Where an animal protection officer has, on reasonable and probable grounds, reason to believe that an animal confined in a dwelling house requires immediate attention, the animal protection officer may apply to a judge for a entry warrant under the Entry Warrants Act to enter a dwelling house for the purposes of attending to the needs of the animal and to seize the animal if necessary to attend to the immediate needs of the animal. 29 Where an animal protection officer has, on reasonable and probable grounds, reason to believe that a person owns an animal or has an animal in his or her possession or care and control contrary to an order issued under section 26, the animal protection officer may apply to a judge for a entry warrant under the Entry Warrants Act to enter any place including a dwelling house for the purpose of seizing the animal. * * * * * Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, ss. 56, 64 (2011) 56(2) * * * * * Where an Act makes an offence punishable as a category B offence, a judge shall impose a fine of not less than $140 and not more than $640. 56(3) Where an Act makes an offence punishable as a category C offence, a judge shall impose a fine of not less than $140 and not more than $1,100. 56(4) Where an Act makes an offence punishable as a category D offence, a judge shall impose a fine of not less than $140 and not more than $2,100. * * * * * NEW BRUNSWICK-39
56(10) Where an Act makes an offence punishable as a category J offence, a judge shall impose a fine of not less than $500 and not more than $200,000. 64(3) * * * * * A judge may, in relation to a category J offence, sentence a defendant to a term of imprisonment of not more than eighteen months. General Regulation, N.B. Reg. 2000-4, ss. 2-6 (2012). Definitions 2(1) In this Regulation Act means the Society for the Prevention of Cruelty to Animals Act. 2(2) In the Act and this Regulation animal means a non-human living being with a developed nervous system; domestic animal means any animal that is kept under human control or by habit or training lives in association with man; public road means a highway as defined in the Motor Vehicle Act and does not include a private road or driveway as defined in the Motor Vehicle Act. Appointment of animal protection officers 3(1) No person shall be appointed as an animal protection officer under subsection 8(1) of the Act unless the person has met the requirements set out in subsection (2). NEW BRUNSWICK-40
3(2) Each person shall successfully pass, to the Minister s satisfaction, an examination illustrating the person s knowledge of (a) (b) (c) animal care, handling and behaviour, the powers, authorities and immunities of a peace officer, animal, search and seizure and enforcement laws of the Province, including (i) the Entry Warrants Act, and (ii) the Provincial Offences Procedure Act, and (d) animal and criminal laws of Canada. Standards for animal care 4(1) For the purpose of subsection 18(1) of the Act, a person who has ownership, possession or care and control of an animal (a) shall ensure that the animal has an adequate source of food and water; (b) shall provide the animal with adequate medical attention when the animal is wounded or ill; (c) shall provide the animal with reasonable protection from injurious heat or cold; and (d) shall not confine the animal to an enclosure, area or motor vehicle (i) (ii) (iii) (iv) (v) with inadequate space, with unsanitary conditions, with inadequate ventilation, with inappropriate other occupants, without providing an opportunity for exercise, or NEW BRUNSWICK-41
(vi) that is in a state of disrepair, so as to significantly impair the animal s health or well-being. 4(2) * * * * * A person shall not be convicted of an offence under subsection 18(2) of the Act for treating an animal in a manner (a) consistent with a standard or code of conduct, practice or procedure specified in Schedule A, (b) consistent with generally accepted practices or procedures for such an activity, or (c) otherwise reasonable in the circumstances. Prohibited practices 6 * * * * * No person shall in any manner conduct, promote or participate in any contest involving fighting between animals and all such contests are prohibited. NEW BRUNSWICK-42