Acts and Regulations

2000-4 - General

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NEW BRUNSWICK
REGULATION 2000-4
under the
Society for the Prevention of Cruelty to Animals Act
(O.C. 2000-48)
Filed January 28, 2000
Under section 32 of the Society for the Prevention of Cruelty to Animals Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation – Society for the Prevention of Cruelty to Animals Act.
Definitions
2(1)In this Regulation
“Act” means the Society for the Prevention of Cruelty to Animals Act.(Loi)
2(2)In the Act and this Regulation
“animal” means a non-human living being with a developed nervous system;(animal)
“domestic animal” means any animal that is kept under human control or by habit or training lives in association with man;(animal domestique)
“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.(chemin public)
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).
3(2)Each person shall successfully pass, to the Minister’s satisfaction, an examination illustrating the person’s knowledge of
(a) animal care, handling and behaviour,
(b) the powers, authorities and immunities of a peace officer,
(c) 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) with inadequate space,
(ii) with unsanitary conditions,
(iii) with inadequate ventilation,
(iv) with inappropriate other occupants,
(v) without providing an opportunity for exercise, or
(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.
2008-83
Destruction of animal
5For the purpose of subsection 19(1) of the Act, a person destroys or assists in the destruction of an animal in a humane manner where the person acts in accordance with any of the standards or codes of conduct, practice or procedure specified in Schedule B.
Prohibited practices
6No person shall in any manner conduct, promote or participate in any contest involving fighting between animals and all such contests are prohibited.
Audited financial statements
7Audited financial statements provided to the Minister under subsection 31(4) of the Act shall be submitted to the Minister on an annual basis within three months of the end of the society’s fiscal year.
Business plans
8(1)The society shall provide the Minister with a business plan prior to March 31, 2000, which shall include the society’s strategic direction, marketing plan, financial plan and action plan.
8(2)The society shall provide an updated business plan with each audited financial statement that is provided to the Minister under section 7.
Animal Protection Account
9(1)An application by the society under subsection 31(1) of the Act for funding from the Animal Protection Account shall be in writing to the Minister and shall include
(a) the total value of all legacies and donations which are eligible for matching purposes under subsection 31(3) of the Act received by the society, its branches and associations since the last disbursement of funds from the Animal Protection Account, and
(b) the use made of all funds last disbursed to the society from the Animal Protection Account.
9(2)The society may apply to the Minister under subsection 31(1) of the Act for funding from the Animal Protection Account only once in any quarter of the society’s fiscal year.
Commencement
10This Regulation comes into force on March 1, 2000.
SCHEDULE A
STANDARDS FOR ANIMAL CARE
A Code of Practice For Canadian Kennel Operations, published by the Canadian Veterinary Medical Association, 2nd edition, May 2007.
Guide to the Care and Use of Experimental Animals, published by the Canadian Council on Animal Care, Vol. 1 (1993) and Vol. 2 (1984).
Recommended code of practice for the care and handling of dairy cattle, published by Agriculture Canada, 1990.
Recommended code of practice for the care and handling of farm animals: Beef cattle, published by Agriculture Canada, 1991.
Recommended Code of Practice for the Care and Handling of Farm Animals: Horses, published by the Canadian Agri-Food Research Council, 1998.
Recommended code of practice for the care and handling of farm animals: Pigs, published by Agriculture and Agri-Food Canada, 1993.
Recommended code of practice for the care and handling of Farmed Deer (Cervidae), published by the Canadian Agri-Food Research Council, 1996.
Recommended code of practice for the care and handling of mink, published by Agriculture Canada, 1988.
Recommended code of practice for the care and handling of poultry from hatchery to processing plant, published by Agriculture Canada, 1989.
Recommended code of practice for the care and handling of ranched fox, published by Agriculture Canada, 1989.
Recommended code of practice for the care and handling of Sheep, published by the Canadian Agri-Food Research Council, 1995.
Recommended code of practice for the care and handling of special fed veal calves, published by Agriculture Canada, 1988.
2008-83
SCHEDULE B
STANDARDS FOR DESTRUCTION OF ANIMALS
“1993 Report of the American Veterinary Medical Association Panel on Euthanasia”, published in the Journal of the American Veterinary Medical Association, Vol. 202, No. 2, pages 229-247.
Guide to the Care and Use of Experimental Animals, published by the Canadian Council on Animal Care, Vol. 1 (1993) and Vol. 2 (1984).
Guidelines for euthanasia of domestic animals by firearms, published by the Canadian Veterinary Medical Association, December 1991.
N.B. This Regulation is consolidated to August 1, 2008.