Changes to the Animal Health and Protection Act introduced in the House of Assembly this week, including increased fines and penalties, compliance measures that give a broader scope of enforcement action, and more precise and definitive language, will help ensure the legislation continues to reflect the highest possible standards for animal welfare.

The Honourable Gerry Byrne, Minister of Fisheries, Forestry and Agriculture, will be available to media to discuss amendments to the Animal Health and Protection Act, today (Thursday, November 7) outside the House of Assembly, at noon.

The amendments update and modernize the legislation, clarify some of the language and specific definitions used throughout the Act, enable designated enforcement officials to issue compliance orders, and increase fines and penalties for animal cruelty offences.

Details on the amendments are included in the Backgrounder below.

Public engagement on the Animal Health and Protection Act provided thoughtful and insightful presentations from individuals and groups who all expressed deep care and concern about animal welfare, including animal health professionals, animal welfare organizations, organizations representing livestock producers, and the public.

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“The Animal Health and Protection Act is a living piece of legislation that is amended when required, and we appreciate the input of all who contributed to these important amendments. With the support of all Members of the House of Assembly, the amended Act now includes more precise and definitive language, compliance measures to aid in enforcement, increased fines and penalties, and other important changes that strengthen our ability to protect animals.”
Honourable Gerry Byrne
Minister of Fisheries, Forestry and Agriculture

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Review of the Animal Health and Protection Act – What we Heard

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BACKGROUNDER

Summary of Amendments to the Animal Health and Protection Act

Define “abandonment” to mean the at an animal:

• • Appears ownerless after reasonable steps have been taken to contact its owner.

• • Is found on rented premises after the expiration or termination of the tenancy agreement.
  • Has been left in the care of another person, establishment of facility and has not been retrieved for more than four days after the agreed-upon retrieval time, or
  • Has been left for more than 24 hours without adequate food, water or shelter.

Amend the definition of “distress” to state that an animal is:

• • In need of proper care, water, food or shelter.

• • In need of reasonable protection from heat or cold, appropriate to the animal.
  • Sick, injured, abused or in pain, or suffering undue or unnecessary hardship, privation or neglect.
  • Confined to an area that is unfit or has insufficient space, lighting or ventilation.
  • Suffering undue or unnecessary anxiety or distress.
  • Deprived of veterinary care or medical treatment.
  • Kept in conditions that contravene the standards of care prescribed in the regulations.
  • Confined in unsanitary conditions,
  • Deprived of the opportunity for adequate exercise.
  • Kept on premises with another animal that may have an adverse impact on the animal.
  • Has been abandoned by the owner in a manner likely to cause distress.

Amend the definition of “owner” to include: 

• • A person who has possession, custody, care, management or control of the animal or who is the owner of the property, house, premises, or part of a premises where an animal is kept or permitted to live or remain.
  • A person who had possession, custody, care, management or control of the animal before the animal was seized, taken into custody, or abandoned.
  • A parent of a minor who is an owner of an animal.
  • Any other person who has responsibility for the animal.

Prohibit the declawing of cats unless explicitly permitted in the regulations.

• • The current Act specifies a fine of up to $50,000, or in default of payment, imprisonment up to six months, or both a fine and imprisonment.
  • The amendment adds the penalty of a fine of up to $75,000 for a second or subsequent offence, or in default of payment, imprisonment up to 12 months of both a fine and imprisonment.
  • The by-laws of the Newfoundland and Labrador College of Veterinarians prohibits veterinarians from performing elective and non-therapeutic declawing of any felid, including domestic cats.
  • Amendments to prohibit the declawing of cats unless explicitly permitted in the regulations aligns with the by-laws and regulations for other prohibited activities, such as docking of tails and cosmetic surgery.

Modernize the language respecting safe containment of dogs and prohibit owners from allowing livestock to run at large.

• • Amendments related to safe containment of dogs and prohibitions from allowing livestock to run at large modernize the legislation and align with language and practices in other jurisdictions.
  • The Act will state “an owner of a dog shall keep it safely contained at all times” and “an owner shall not permit livestock to run at large.”

Permit an inspector to issue an order requiring that a person comply with the Act and regulations.

• • An inspector who finds a person in non-compliance with provisions of the Act or Regulations may order compliance, including setting out the action required to remedy the non-compliance, and specify the time period required to comply with the order.

Increase the penalties and offences under the Act.

• • The current Act specifies a fine of up to $50,000, or in default of payment, imprisonment up to six months, or both a fine and imprisonment.
  • The amendment adds the penalty of a fine of up to $75,000 for a second or subsequent offence, or in default of payment, imprisonment up to 12 months of both a fine and imprisonment.

Incorporate gender-neutral language to modernize the Act and Regulations.