Acts and Regulations

2010-74 - Pet Establishment

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2010-74
under the
Society for the Prevention of Cruelty to Animals Act
(O.C 2010-299)
Filed May 31, 2010
Under section 34 of the Society for the Prevention of Cruelty to Animals Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
Citation
1This Regulation may be cited as the Pet Establishment Regulation - Society for the Prevention of Cruelty to Animals Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Society for the Prevention of Cruelty to Animals Act.(Loi)
“animal shelter” means a premises that provides stray, abandoned or abused animals a sanctuary or where permanent or temporary adoptive homes are sought for animals. (abri pour les animaux)
“kennel” means a premises where dogs are bred or boarded for consideration.(chenil)
“pet establishment” means an animal shelter, a pet retail store and a kennel. (établissement hébergeant des animaux familiers)
“pet retail store” means a premises where dogs, cats, rodents, reptiles, amphibians, pet fish, pet and exotic birds, or other exotic animals are kept for sale.(animalerie)
Exemptions
3The following premises are exempt from the application of this Regulation:
(a) grooming establishments;
(b) training operations;
(c) veterinarian clinics that board animals for clinical purposes only;
(d) research and educational facilities;
(e) premises that board or sell livestock;
(f) a stable that boards horses or a riding stable;
(g) a zoo or a circus; and
(h) any other premises as the society may determine.
Classes of licences
4The following are classes of pet establishment licences:
(a) an animal shelter licence;
(b) a pet retail store licence; and
(c) a kennel licence.
Application for a licence
5(1)An application for a pet establishment licence or for the renewal of a pet establishment licence shall be made to the society on a form provided by the society.
5(2)An application or a renewal shall
(a) include proof of compliance with zoning by-laws or zoning regulations made under the Community Planning Act, if a new premises is chosen,
(b) include the name and address of the veterinarian who will provide his or her services to the pet establishment, and
(c) be accompanied by the applicable fees.
Inspections
6(1)Before a pet establishment licence is issued, an animal protection officer shall enter and inspect the premises where the pet establishment will be located.
6(2)Before the renewal of a pet establishment licence is issued, an animal protection officer may enter and inspect the premises where the pet establishment is located.
6(3)After the inspection referred to in subsection (1) or (2), the animal protection officer shall deliver a copy of the inspection report to the applicant.
Fees
7The annual fee for a pet establishment licence is:
(a) $100 for an animal shelter;
(b) $250 for a pet retail store; and
(c) $250 for a kennel licence.
Duration of a licence
8A pet establishment licence is valid for one year.
Licence not transferable
9A pet establishment licence is not transferable.
Terms and conditions of a licence
10A pet establishment licence is subject to the terms and conditions indicated on it.
Notice of refusal
11If the society refuses to issue or renew a pet establishment licence, the society shall notify the applicant in writing of the reasons for the refusal.
Suspension or cancellation of a licence
12The society may suspend or cancel the pet establishment licence of a licence holder by notifying the licence holder in writing of the reasons for the suspension or cancellation, if the licence holder
(a) has misstated information on his or her application;
(b) has violated or failed to comply with any provision of the Act, or the regulations or a term or condition of his or her licence; or
(c) has been found guilty of an offence under an Act of the Province or the Criminal Code (Canada) related to the treatment of animals.
Registry
13The society shall maintain a registry of all licensed pet establishments.
Alterations or extensions to pet establishment premises
14(1)A pet establishment licence is subject to the condition that the licensee shall not alter or extend the premises in respect of which the licence was issued without first obtaining approval of the society.
14(2)The condition referred to in subsection (1) only applies to an alteration or extension of the premises if the alteration or extension impacts the activity in respect of which the pet establishment licence was issued.
2021-88
Advertisements
15All advertisements for pet establishments must include the name and the licence number of the pet establishment.
Posting a licence
16A pet establishment licence must be posted in a prominent location on the premises of a pet establishment.
Registration of animals
17(1)A holder of a pet retail store licence or a kennel licence shall keep an animal registry on the premises of the pet establishment.
17(2)The following information, if applicable, shall be included in the animal registry:
(a) for all acquisitions, whether by sale, lease, loan, trade, adoption or gift,
(i) the date of the acquisition,
(ii) the name and address of the person, agency or organization from whom the animal was acquired,
(iii) the name of the first owner of the animal if different from the name of the person from whom the animal was acquired,
(iv) the description of the animal, including the following:
(A) the date of birth of the animal;
(B) the breed or combination of breeds of the animal;
(C) any identification tag on the animal;
(D) any tattoo on the animal;
(E) any microchip or other identifying object on the animal;
(F) the reproductive status of the animal; and
(G) the vaccination history of the animal;
(b) the birth of an animal, including the description of the animal as set out in subparagraph (a)(iv);
(c) the date of death of an animal;
(d) the departure of an animal, including
(i) the date of the departure, and
(ii) the name and address of the person, agency or organization who acquires the animal.
17(3)The information in the animal registry shall be kept on the pet retail store or kennel premises for a minimum of 3 years.
Information regarding animals
18A pet establishment licence holder shall provide a person who acquires an animal with the animal’s description as set out in subparagraph 17(2)(a)(iv).
The Local Governance Act does not apply
2017, c.20, s.170
19The registration and registration fee referred to in the Dog Control Regulation – Local Governance Act or a licence fee made pursuant to a by-law under section 10 of the Local Governance Act do not apply to a dog in a pet establishment until the dog is sold or otherwise leaves the pet establishment.
2017, c.20, s.170; 2022-38
Standards and codes of practice
20(1)A kennel licence holder shall comply with A Code of Practice for Canadian Kennel Operations, Third Edition, published in 2018 by the Canadian Veterinary Medical Association.
20(2)An animal shelter licence holder or a pet retail store licence holder shall comply with the standards established in Schedule A.
20(3)Subject to section 4 of Schedule A, if there is a conflict or an inconsistency between a provision of this Regulation and a standard, code of conduct, code of practice or code of procedure incorporated by reference under subsection (1) or Schedule A, the provision of this Regulation prevails.
2021-88
Transitional provisions
21(1)On or after December 1, 2010, no person shall operate a pet establishment without first being issued a licence under this Regulation.
21(2)Despite subsection (1), a licence issued pursuant to a by-law under section 96 of the Municipalities Act shall remain in force until the licence expires or until June 1, 2011, whichever occurs first.
21(3)Despite subsection (1), a kennel licence issued pursuant to the Provincial Dog Regulation - Municipalities Act shall remain in force until the licence expires or until June 1, 2011, whichever occurs first.
21(4)On or after the commencement of this Regulation, the society may issue a temporary licence which shall be subject to the terms and conditions indicated on the licence. The licence fee shall be prorated according to the duration of the licence.
Commencement
22This Regulation comes into force on June 1, 2010.
SCHEDULE A
STANDARDS FOR ANIMAL SHELTERS AND PET RETAIL STORES
PART 1
CARE
Feeding and watering
1The food provided to the animals shall be free from contamination and the water provided shall be potable.
2Animals shall be fed at least once every 24 hours.
3The feeding and watering of animals shall comply with the following standards:
(a) for dogs, A Code of Practice for Canadian Kennel Operations Third Edition, published in 2018 by the Canadian Veterinary Medical Association;
(b) for cats, A Code of Practice for Canadian Cattery Operations published in 2009 by the Canadian Veterinary Medical Association;
(c) for reptiles, Certified Reptile Specialist Program - Module VI: Feeding and Diet Requirements published in 2010 by the Pet Industry Joint Advisory Council of Canada;
(d) for amphibians, Code of Practice for the Care of Amphibians in New Brunswick Pet Establishments published in 2010 by The New Brunswick Society for the Prevention of Cruelty to Animals; and
(e) for small animals, Care of Small Animals and Birds in New Brunswick Pet Establishments - Food and Water published in 2010 by The New Brunswick Society for the Prevention of Cruelty to Animals.
4If there is a conflict, between sections 2 and 3 of this Schedule, the feeding of animals shall occur as often as indicated in the standards as set out in section 3 of this Schedule.
5Food and water receptacles shall be sanitized at least once a day.
6Disposable food receptacles shall be disposed of after use.
7Sipper tubes shall be cleaned of any visible build-up of dirt, debris and algae.
8Water shall be provided in non-tippable receptacles.
Grooming
9Cats and dogs shall be groomed.
10The toenails and beaks of animals shall be trimmed.
Handling
11Animals shall be handled so as not to cause the animal physical injury or harm.
12Amphibians shall be handled with gloves or with wet hands.
13Prior to being available for sale, animals shall be weaned and independent.
Ill or injured animals
14Animals shall be examined each day by an operator or by an employee to determine whether
(a) the animal is eating,
(b) the animal is drinking,
(c) the animal is defecating and urinating,
(d) the animal is exhibiting signs of distress, illness or injury including:
(i) any abnormal condition or behaviour for animals’s species, age or sex;
(ii) listlessness;
(iii) weight loss;
(iv) eye or nasal discharge;
(v) conjunctivitis;
(vi) laboured breathing;
(vii) elevated respiration rate;
(viii) cough;
(ix) prostration;
(x) skin lesions;
(xi) any abnormal hair or feather loss; and
(xii) any evidence of fleas, ticks or other parasites.
15The operator or the employee who examines the animals shall keep a record of the results of his or her observations.
16In a pet retail store, ill or injured animals shall be removed from the sales floor and kept in another location.
Veterinary care
17Veterinary care shall be provided as needed and without delay.
18Animals with contagious disease shall be treated and isolated in a separate primary enclosure away from healthy animals.
19If an animal suffers from a congenital or hereditary condition, disease, is in pain or is incurably ill and, in the professional opinion of a veterinarian, requires euthanasia, the animal shall be euthanized without delay, in a humane manner in accordance with the standards for destruction of animals specified in Schedule B of the General Regulation - Society for the Prevention of Cruelty to Animals Act.
PART 2
PREMISES
Ventilation
20Animal shelters and pet retail stores shall be ventilated by natural or mechanical means, such as by windows, vents, fans or air conditioners, to remove odours and prevent moisture condensation.
Ambient temperature
21The ambient temperature of an animal shelter or pet retail store shall
(a) be regulated by a heating or cooling system to protect the animals from extreme temperatures, and
(b) be monitored by means of a thermometer.
Lighting
22The lighting in an animal shelter or pet retail store
(a) shall be sufficient to permit inspection and cleaning,
(b) shall be sufficient to allow for the proper stimulation and normal behaviour of the animal, and
(c) shall not pose a health hazard to the animal.
Sanitation
23An animal shelter or a pet retail store, including all primary enclosures other than aquariums and terrariums, shall be cleaned each day to ensure that
(a) all pest rodents, insects, pathogens and parasites are removed or killed,
(b) all toys, feeding and watering receptacles are sanitized, and
(c) all excess water and waste materials are disposed of.
24Animal waste shall be disposed of without delay.
25Deceased animals shall be contained and disposed of.
PART 3
PRIMARY ENCLOSURES
General
26Animals shall be housed in primary enclosures.
27Animals shall be housed so that contact with the public is restricted to supervised contact with an operator or an employee.
28Primary enclosures shall
(a) permit the animal to be confined,
(b) permit the animal to remain dry, if applicable and clean,
(c) permit the animal to turn, to stand up, to sit down and, to lie down with its limbs outstretched, and
(d) permit the animal to play.
Structure
29Primary enclosures shall
(a) be structurally sound,
(b) be free of sharp edges liable to cause injury to the animal, and
(c) contain impervious surfaces which do not retain odours.
30The floor of a primary enclosure shall not
(a) allow the feet or toes of the animal to pass through any opening, and
(b) bend between structural supports.
31If the floor covering of a primary enclosure is made of metal strands,
(a) the metal strands must be least 3 mm wide and be coated with materials such as plastic or fiberglass, and
(b) a portion of the floor shall be a solid surface large enough so as to allow the animal to sit on it.
32If primary enclosures are stacked one above the other, they shall be installed so that wastes cannot pass from one primary enclosure to another.
33Wire flooring may only be used in a primary enclosure which houses rabbits or birds.
Bedding
34The bedding inside a primary enclosure shall be made of non-toxic and non-irritating materials, be able to absorb feces and urine and permit the animal to nest, to lay eggs or to burrow if applicable.
Housing
35A primary enclosure may house the following animals of the same species:
(a) compatible animals;
(b) non-cannibalistic animals; and
(c) animals without a litter.
36A primary enclosure may house the following different species of animals in the same primary enclosure:
(a) compatible birds; and
(b) compatible fish.
Density
37The stocking densities for animals in primary enclosures shall not exceed the following applicable maximum stocking densities published by the Pet Industry Joint Advisory Council of Canada:
(a) Recommended stocking densities for birds kept in a retail environment published in 2007;
(b) Recommended stocking densities for juvenile small animals kept in a pet retail environment published in 2008;
(c) Recommended stocking densities for cats kept in a pet retail environment published in 2008; and
(d) Recommended stocking densities for dogs kept in a pet retail environment published in 2004.
Lighting
38A primary enclosure other than a primary enclosure which houses reptiles shall be provided with at least 8 hours of light per day.
39A primary enclosure which houses reptiles shall be provided with a 12-hour photoperiod per day.
40A primary enclosure which houses diurnal reptiles shall provide full-spectrum lighting.
Cleaning
41No animal shall remain inside a primary enclosure while the primary enclosure is being cleaned.
Thermoregulating species
42A primary enclosure that houses thermoregulating species must be designed so that only parts of the floor are heated.
Reptiles
43Primary enclosures which house reptiles shall
(a) include a heat source which allows a reptile to thermoregulate but cannot burn the reptile,
(b) include hot rocks with which a reptile cannot come into direct contact,
(c) include areas to which a reptile can retreat and which
(i) have a range of temperatures and humidity levels, and
(ii) are constructed to be incapable of trapping the reptile.
44The humidity inside a primary enclosure which houses a reptile shall not exceed the following percentages:
(a) a maximum of 50% for reptiles from arid regions;
(b) a maximum of 65% for reptiles from grassland regions;
(c) a range of 80% to 100% for reptiles from tropical regions; and
(d) a range of 60% to 75% for reptiles from temperate regions.
45The ambient temperature inside a primary enclosure which houses reptiles from grasslands regions and arid regions shall be maintained between 20 °C and 38 °C.
46The ambient temperature inside a primary enclosure that houses reptiles from tropical and temperate regions shall be maintained between 25 °C and 35 °C.
47Primary enclosures which house aquatic reptiles shall include a pool of water deep enough to allow the aquatic reptile to swim and a dry haul out area large enough for an aquatic reptile to be completely out of the water, with a shallow gradient from the water to the dry haul out area.
48Primary enclosures which house semi-aquatic reptiles shall include a pool of water.
Tortoises and turtles
49The water temperature of pools of water inside primary enclosures which house turtles shall be maintained between 25 °C and 27 °C.
50Chelonians shall not be tethered in any way, including by the drilling of holes into the chelonian’s shell for the purpose of tethering.
Mammals and birds
51The ambient temperature inside a primary enclosure which houses mammals or birds shall be maintained between 15 °C and 27 °C.
Cats
52Primary enclosures which house cats shall include a litter box.
Aquarium
53Aquariums shall be equipped with an aeration and a filtration system.
Amphibians
54Primary enclosures which house amphibians shall comply with Code of Practice for the Care of Amphibians in New Brunswick Pet Establishments published in 2010 by The New Brunswick Society for the Prevention of Cruelty to Animals.
Dogs
55Outdoor primary enclosures which house dogs shall comply with A Code of Practice for Canadian Kennel Operations, Third Edition, published in 2018 by the Canadian Veterinary Medical Association.
2021-88
N.B. This Regulation is consolidated to August 1, 2022.