Animal Protection Act

Protects all animals, excluding human beings during any activity excluding
generally accepted practices of animal management, husbandry
and slaughter

Enforced by Police Officers and Alberta SPCA

Alberta's Animal Protection Act provides mechanisms to help mistreated animals and to hold negligent owners accountable for their actions. This primary piece of legislation, amended in 2006, is used to protect animals in Alberta.

The complete text of the current Act and Regulations are avaiable through the Alberta Queen's Printer at the following links:

• Alberta Animal Protection Act
• Alberta Animal Protection Regulation

Key aspects of the Act include:

• a definition of distress
  
• detailed list of duties that must be performed by animal care providers

There are also provisions in the associated regulations that incorporate standards for animals used in research and higher education.

Definition of distress

The Act states that an animal is in distress if it is

(a) deprived of adequate shelter, ventilation, space, food, water or veterinary care or reasonable protection from injurious heat or cold ,
(b) injured, sick, in pain or suffering, or
(c) abused and subjected to undue hardship, privation or neglect.

The provisions for ventilation and space mean that animals kept in holding facilities are entitled to fresh air and sufficient room to carry out normal activities. The term “veterinary” is to clarify the type of care, and to ensure that animals receive proper medical attention when needed.

The requirement for reasonable protection from injurious heat or cold makes it an offense to fail to protect animals from extreme temperatures. The type of protection varies according to species, and sometimes by breeds within a single species. However, all species require some form of protection from the elements. Dogs left outdoors, for example, need a degree of protection dependent on their breed hardiness. Some livestock species such as pigs require enclosed structures, while windbreaks are acceptable for cattle and horses.

Animal care duties

The Act delineates the duties that must be carried out by anyone who owns or looks after an animal - i.e., they must:

(a) ensure that the animal has adequate food and water,
(b) provide the animal with adequate care when the animal is wounded or ill,
(c) provide the animal with reasonable protection from injurious heat or cold, and
(d) provide the animal with adequate shelter, ventilation and space.

This section was created as part of the amendments to the Act in 2006 and corresponds to the expanded definition of distress. By placing the duties in positive terms, it clearly defines the responsibilities of an animal owner and presents them in comprehensible terms. Rather than having to prove an animal is in distress, failure to perform these duties is now enough to be considered an offense. For instance, it’s much easier to see that an animal is not being given water to drink than to show that it is in distress from dehydration.

In 2004 the APA was under review, amendments to the Act were finalized in 2006.

• Media Release announcing the changes (Feb 06)
• AFAC's response to the APA Questionnaire (Sept 04)