BILL 9 – 2008
PREVENTION OF CRUELTY TO ANIMALS AMENDMENT ACT, 2008
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
SECTION 1: [Prevention of Cruelty to Animals Act, section 1] expands the circumstances
in which an animal may be considered in distress.
1 Section 1 (2) (a) of the Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, is amended by striking out "water or shelter," and substituting "water, shelter, ventilation, space, care or veterinary treatment,".
SECTION 2: [Prevention of Cruelty to Animals Act, section 9] removes references to
branches of the society.
2 Section 9 is amended
(a) by repealing subsection (4) and substituting the following:
(4) Within 14 days after the annual general meeting, the society must file with the Registrar of Companies
(a) an audited financial statement in the form of
(i) a balance sheet containing general particulars of assets and liabilities, and
(ii) a statement of income and expenditure, and
(b) a list of directors of the society, stating for each director his or her address and date of appointment or election. , and
(b) in subsection (5) by striking out "and of its branches".
SECTION 3: [Prevention of Cruelty to Animals Act, section 10.1] adds a power to take
abandoned animals into custody.
3 The following section is added:
Abandoned animals
10.1 (1) In this section, "abandoned animal" includes an animal that
(a) is apparently ownerless,
(b) is found straying,
(c) is found in a rental unit after expiry of the tenancy agreement in respect of the rental unit, or
(d) if a person agreed to care for the animal, is not retrieved from that person within 4 days following the end of that agreement.
(2) If an authorized agent is of the opinion that an animal is an abandoned animal, the authorized agent may take custody of the animal and arrange for food, water, shelter, care and veterinary treatment for it.
SECTION 4: [Prevention of Cruelty to Animals Act, section 11] adds care to the list of
things an authorized agent may provide to an animal in distress.
4 Section 11 is amended by adding ", care" after "food, water, shelter".
SECTION 5: [Prevention of Cruelty to Animals Act, section 13] adds powers to seize evidence
of an offence and to apply for a warrant by telephone or other means of
telecommunication.
5 Section 13 is amended
(a) in subsection (1) (d) by striking out "searching for any thing" and substituting "searching for, and seizing, any thing",
(b) in subsection (2) (b) by striking out "searching for the thing" and substituting "searching for, and seizing, a thing",
(c) by adding the following subsection:
(2.1) If an authorized agent believes that it would be impracticable to appear personally before a justice to apply for a warrant under this section, the authorized agent may submit an information on oath by telephone or other means of telecommunication and, for this purpose, section 22 of the Offence Act applies. ,
(d) by repealing subsection (3) and substituting the following:
(3) A justice may issue a warrant under subsection (2) or (2.1) for either or both of the purposes referred to in subsection (2). , and
(e) in subsection (4) by adding "or (2.1)" after "subsection (2)".
SECTION 6: [Prevention of Cruelty to Animals Act, section 17] corrects a cross-reference
in respect of abandoned animals.
6 Section 17 is amended by striking out "section 11 after having been found straying at large, abandoned or apparently ownerless and" and substituting "section 10.1 and".
SECTION 7: [Prevention of Cruelty to Animals Act, section 19] expands the means by
which notice may be given.
7 Section 19 (b) is repealed and the following substituted:
(b) if it cannot be mailed to or served personally on the owner,
(i) published at least 3 times at 2 day intervals in a newspaper circulating in the area in which the animal was taken into custody, or
(ii) posted in a conspicuous place at either the owner's last known address or the location at which the animal was taken into custody.
SECTION 8: [Prevention of Cruelty to Animals Act, section 19.1] clarifies that all rights
and interests in an animal that has been sold or otherwise disposed of vest in
the new owner.
8 The following section is added:
Animal is property of new owner
19.1 If an animal has been sold or otherwise disposed of under section 17 or 18, all rights and interests in the animal
(a) vest in the person to whom it has been sold or otherwise disposed of, and
(b) the former owner ceases to have any of those rights and interests.
SECTION 9: [Prevention of Cruelty to Animals Act, section 20] expands the circumstances
in which an owner must pay costs to the society.
9 Section 20 (1) is amended by striking out "under section 11" and substituting "or destroyed under this Act".
SECTION 10: [Prevention of Cruelty to Animals Act, section 23] repeals a penalty provision,
consequential to the addition of section 24.1 by this Bill.
10 Section 23 (2) is repealed.
SECTION 11: [Prevention of Cruelty to Animals Act, sections 24.1, 24.2 and 25.1]
- increases penalties for offences under the Act and provides for further increases for subsequent offences of causing or permitting an animal to be in distress;
- ensures that procedural provisions respecting seizure contained in the Offence Act do not apply to animals seized under the Prevention of Cruelty to Animals Act;
- provides immunity from legal proceedings for damages to persons performing duties or exercising powers under the Act.
11 The following sections are added:
Penalties
24.1 (1) A person who commits an offence under section 23 is liable on conviction to a fine of not more than $2 000 or to imprisonment for not more than 6 months, or to both.
(2) A person who commits an offence under section 24 is liable on conviction
(a) for a first offence, to a fine of not more than $5 000 or to imprisonment for not more than 6 months, or to both, and
(b) for a second or subsequent offence, to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.
Animals taken into custody
24.2 Sections 23 to 24.2 of the Offence Act do not apply to an animal taken into custody under this Act.
Immunity
25.1 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the society, an authorized agent or a member, officer, agent or employee of the society because of anything done or omitted
(a) in the performance or intended performance, by an authorized agent, of any duty under this Act, or
(b) in the exercise or intended exercise, by an authorized agent, of any power under this Act.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted in bad faith.
Commencement
12 This Act comes into force on the date of Royal Assent.
Explanatory Notes
SECTION 1: [Prevention of Cruelty to Animals Act, section 1] expands the circumstances
in which an animal may be considered in distress.
SECTION 2: [Prevention of Cruelty to Animals Act, section 9] removes references to
branches of the society.
SECTION 3: [Prevention of Cruelty to Animals Act, section 10.1] adds a power to take
abandoned animals into custody.
SECTION 4: [Prevention of Cruelty to Animals Act, section 11] adds care to the list of
things an authorized agent may provide to an animal in distress.
SECTION 5: [Prevention of Cruelty to Animals Act, section 13] adds powers to seize evidence
of an offence and to apply for a warrant by telephone or other means of
telecommunication.
SECTION 6: [Prevention of Cruelty to Animals Act, section 17] corrects a cross-reference
in respect of abandoned animals.
SECTION 7: [Prevention of Cruelty to Animals Act, section 19] expands the means by
which notice may be given.
SECTION 8: [Prevention of Cruelty to Animals Act, section 19.1] clarifies that all rights
and interests in an animal that has been sold or otherwise disposed of vest in
the new owner.
SECTION 9: [Prevention of Cruelty to Animals Act, section 20] expands the circumstances
in which an owner must pay costs to the society.
SECTION 10: [Prevention of Cruelty to Animals Act, section 23] repeals a penalty provision,
consequential to the addition of section 24.1 by this Bill.
SECTION 11: [Prevention of Cruelty to Animals Act, sections 24.1, 24.2 and 25.1]
- increases penalties for offences under the Act and provides for further increases for subsequent offences of causing or permitting an animal to be in distress;
- ensures that procedural provisions respecting seizure contained in the Offence Act do not apply to animals seized under the Prevention of Cruelty to Animals Act;
- provides immunity from legal proceedings for damages to persons performing duties or exercising powers under the Act.
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