Alberta Farm Animal Care Association

Animal Protection Act

Some Key Points

(2) For the purposes of this Act, 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 or subjected to undue hardship, privation or neglect.

Prohibition against causing distress

2(1) No person shall cause or permit an animal of which the person is the owner or the person in charge to be or to continue to be in distress.

(1.1) No person shall cause an animal to be in distress.

Animal care duties

2.1 A person who owns or is in charge of an animal

(a) must ensure that the animal has adequate food and water,

(b) must provide the animal with adequate care when the animal is wounded or ill,

(c) must provide the animal with reasonable protection from injurious heat or cold, and

(d) must provide the animal with adequate shelter, ventilation and space.

Farm Animal Welfare Law in Canada

Some Key Points

How Animal Protection is Enforced

In most provinces, the provincial Society for the Protection of Animals (SPCA) enforces animal protection legislation regarding livestock (British Columbia, Alberta, Saskatchewan, Ontario, New Brunswick). Additional enforcement personnel can be appointed by the Minister in most of these provinces

In 2011 the Alberta SPCA completed 2,315 investigations. These investigations resulted in 24 convictions (3 cattle, 15 horse, 1 sheep, 5 dog).

Personnel from Alberta SPCA and Calgary & Edmonton Humane Societies are appointed Peace Officers to enforce the Animal Protection Act and parts of other provincial statutes that deal with animal welfare. This includes parts of the Livestock Identification and Commerce Act, the Veterinary Profession Act, and the Traffic Safety Act.

The Criminal Code of Canada

Some Key Points

Cattle and Other Animals

Injuring or endangering cattle

444 (1) Every one commits an offence who wilfully

(a) kills, maims, wounds, poisons or injures cattle; or

(b) places poison in such a position that it may easily be consumed by cattle.

Injuring or endangering other animals

445 (1) Every one commits an offence who, wilfully and without lawful excuse,

(a) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose; or

(b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose.

Causing unnecessary suffering

445.1 (1) Every one commits an offence who

(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;

(b) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;

(c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;

Causing damage or injury

446 (1) Every one commits an offence who

(a) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or

(b) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.

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