Voice for the Voiceless Inc.€¦ · PROPERTY OF VOICE FOR THE VOICELESS NOT FOR DISTRIBUTION...

PROPERTY OF VOICE FOR THE VOICELESS NOT FOR DISTRIBUTION

Voice for the Voiceless Inc.

Speaking for Those Who Cannot Speak for Themselves

Improving and Enhancing the Animal Health

and Protection ACT

Submitted to the Animal Health Division,

Agrifoods Development Branch, Department

of Natural Resources

ATTN:

Honorable Vaughn Granter

Minister Responsible for Forestry & Agrifoods Agency

Mr. Keith Deering

Assistant Deputy Minister Agrifoods Agency

Dr. Hugh Whitney

Chief Veterinary Officer

Ms. Lynn Cadigan

Animal Welfare Consultant


Table of Contents 1 Background 3 2 Overview 4 3 Proposed Amendments to ACT Introduction 5 Part I Animal Health 6 Part II Animal Protection 7 Part III Nuisance Animals 11 Part IV Heritage Animals 13 Part V Licensing 14 Part VI Regulations & Fees 16 Part VII Inspector’s Powers 17 Part VIII Offences & Penalties 20 Part IX General 21 Part X Repeal & Commencement 22 Animal Protection Standards Regulations 23 Appendix A: Communication 25 Appendix B: Education 26 Appendix C: Police Assisted Investigative & Seizure Authority 27 Appendix D: Credible Animal Rescue Organization 28 Appendix E: Enforcement 29 Appendix F: Animal Abuse Deterrents 30 Appendix G: Animal Population Control 31 Appendix H: Abandonment 32 Appendix I: Forms of Euthanasia – Carbon Monoxide Chambers 33 Appendix J: Tethering 34 Appendix K: Rental Discrimination 35 Appendix L: Removal of an Animal 36 Appendix M: Breeders 37 Appendix N: Other Animals 38 Appendix O: Identification 39


Background

On May 3, 2012 the latest iteration of the Animal Health and Protection ACT was

launched. The ACT was a revised version of an existing ACT dating back to 1978 and

has had numerous amendments during that time. Despite the numerous changes and

amendments that have occurred the legislation is still deficient in numerous areas,

especially as it relates to domestic companion animals.


Overview

In the following pages, we describe and articulate some issues that we feel need to be

considered in the administration of the legislation. Voice for the Voiceless has sought

and continues to seek partnerships with like-minded groups and is keenly interested in

developing a partnership with the department. The bi-directional exchange of

information can benefit the department and community groups, and of paramount

concern is the benefit to the animals for which we advocate. There are suggestions as

to how the department can engage community organizations, both for efficient

administration of the ACT and for playing a role consistent with the governments

recently announced P3 (Public-Private Partnership) initiative of utilizing the expertise

of the public sector. In the case of animal rescue there are numerous organizations

which are doing rescue, fostering, and adoptions daily. As well there are suggestions

in this document on how community-based rescue groups can assist the department

in providing education to the wider community.


Proposed Amendments to ACT Introduction cA-9.1 Section 2(g) – “distress” means the state of being in need of proper care, water, food or shelter, being sick, injured or in pain or of suffering undue or unnecessary hardship, privation or neglect; Recommendation: The definition of distress in this section should include: animals left with an owner in a state of distress should be rechecked every 24 hours until the animal is no longer in distress, with frequent visits thereafter to ensure the animal is not returned to a state of distress. cA-9.1 Section 2(t) – "owner" when used with reference to an animal includes a person who has custody, charge or possession of that animal or who is the owner of property, a house, premises or part of a premises where an animal is kept or permitted to live or remain; Recommendation: The definition of owner should stress that all owners, or occupants, tenants who have signed a rental agreement, of a property are equally responsible under the law for an animal held on that property.


Part I Animal Health cA-9.1 Section 6 (5) In subsection (4), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence. Recommendation: This section should change “danger of human life or safety” to “danger to human or animal life or safety”. cA-9.1 Section 8 (m) governing the records to be kept and the information to be supplied by all importers, dealers, keepers, and breeders in the province of animals, animal by-products, animal products, bedding, food, drugs and other things related to animals, for the purpose of disease prevention and control; Recommendation: Stricter enforcement of the legislation governing the records to be kept and information supplied by all of those required; especially breeders. cA-9.1 Section 8 (p) prescribing the licensing of importers, dealers, keepers and breeders in the province of animals, animal by-products, animal products, bedding, food, drugs and other things related to animals, for the purpose of disease prevention and control; Recommendation: Provincial licensing should be mandatory for all importers, dealers, keepers, and anyone breeding and/or selling animals. cA-9.1 Section 8 (u) prescribing, for the purpose of this Part, standards of design, construction and maintenance of the places in which animals are kept; Note: This subsection suffers from lack of enforcement. Stricter enforcement of standards of design, construction and maintenance of the places in which animals are kept is required. cA-9.1 Section 8 (v) prescribing, for the purpose of this Part, standards of care of animals; Note: This subsection suffers from lack of enforcement. Stricter enforcement of standards of care is required.


Part II Animal Protection cA-9.1 Section 9 (4) An inspector may provide an animal that is found in distress with food, water, care or treatment in addition to another action that the inspector is authorized to take. Recommendation: “Another action” as cited in this section should be clearly defined. In addition, when an animal deemed as having been “in distress” is left, repeat visits of every 24 hours for a period of 2 weeks, or until an inspector determines that the animals has not been returned to a state of distress, should be required, and, thereafter, unexpectedly for an unlimited time period to ensure the animal is not returned to a state of distress. All visits should be recorded. “An inspector may provide an animal…” should be replaced with “An inspector must provide an animal…” cA-9.1 Section 10 (3b) provide an animal that is found in distress with food, water, care or treatment, in addition to another action that the inspector is authorized to take. Recommendation: “Another action” as cited in this section should be clearly defined. In addition, when an animal deemed as having been “in distress” is left, repeat visits of 24 hours for a period of 2 weeks, or until an inspector determines that the animal has not been returned to a state of distress, should be required, and thereafter, unexpectedly for an unlimited time period to ensure the animal is not returned to a state of distress. All visits should be recorded. cA-9.1 Section 12 (1) Where an inspector has reasonable grounds to believe that an animal is in distress, the inspector may endeavour to obtain the owner's cooperation to relieve the animal's distress.

(2) Subsection (1) applies where the owner of the animal is present or may be found promptly.

(3) An inspector may take reasonable steps to find the owner of the animal.

Recommendation: An additional subsection should be added to include that the inspector is not required to seek the owner of an animal if the animal is in immediate distress and requires assistance. cA-9.1 Section 13 (1) Where an inspector is lawfully present in a place in accordance with this Act or with a warrant, or in a public place, the inspector may take custody of an animal in distress, in the following circumstances:

(a) a veterinarian has examined the animal and has advised the inspector in writing that the health and well-being of the animal necessitates its removal;

(b) the inspector has inspected the animal and has reasonable grounds for believing that the animal is in distress and the owner of the animal is not present and cannot be found promptly; or


(c) an owner does not promptly take reasonable steps to relieve the animal's distress.

(2) An inspector who takes custody of an animal in distress under subsection (1) may

(a) retain custody of the animal; (b) arrange for necessary transportation, food, care, shelter and

veterinary medical treatment; (c) deliver the animal into the custody of the SPCA;

(d) deliver the animal into the custody of the minister with the approval

of the Chief Veterinary Officer; or (e) deliver the animal into the custody of a municipal authority, upon

the approval of an inspector who is an employee of the municipal authority. Recommendation: Under subsection (1) the following should be included: An inspector

should take custody where animals are dead on the property with live animals; or

where animals are in distress that could lead to death. Where deceased animals are

found housed with live animals repeat visits of every 24 hours should be required for 2

weeks and, thereafter, unexpectedly for an unlimited time period. All visits should be

recorded. Subsection (2c) should be modified to read “deliver the animal into the custody of the SPCA or other credible animal rescue organization”. cA-9.1 Section 14 (1) An inspector may destroy an animal where the animal is in such distress that it cannot,

(a) in the opinion of a veterinarian; (b) in the unanimous opinion of an inspector and 2 other persons; or

(c) in the opinion of an inspector alone in a critical situation where a

veterinarian or 2 other persons are not available to the inspector, be relieved of its distress or live without undue suffering. Recommendation: Subsection (1b) should be modified to include “an inspector and 2 other qualified persons” cA-9.1 Section 15 (1) The owner of an animal that is taken into custody under

section 13 may enter into an agreement to pay to the SPCA, the municipal

authority or the minister, part or all of the expenses incurred with respect to

the transportation, food, care, shelter or veterinary medical treatment provided

for the animal and for its destruction in the event the animal is destroyed.

(2) The SPCA, the municipal authority or the minister may, before delivering the animal to its owner, require the owner to pay the expenses referred to in subsection (1).

(3) The SPCA, the municipal authority or the minister may recover the expenses referred to in subsection (1) in a court in an action in debt where the owner does not

(a) enter into an agreement under subsection (1); or (b) make a payment in accordance with an agreement under subsection


(1) within the time that is set out in that agreement.

(4) An animal may be kept in the custody of an inspector, the SPCA, a municipal authority or the minister where the owner of the animal is indebted for the expenses referred to in this section. Recommendation: All references to the SPCA should be modified to include “SPCA or other credible animal rescue organization”. Subsection (4) should be modified to include that animals taken into custody should be able to be sold/adopted after a certain period of time, e.g. 6 months, for the welfare of the animal. cA-9.1 Section 16 (1) A Provincial Court judge may, upon an application by an inspector, the SPCA, a municipal authority or the minister, make an order

authorizing the keeping in care of an animal that is in custody under section 13 where,

(a) the owner of the animal has been charged, in connection with the

same fact situation that gave rise to the removal of the animal under

subsection 13 (1), with an offence under this Act or the regulations or under

another law in force in the province pertaining to the welfare of or prevention of

cruelty to animals; and

(b) the Provincial Court judge is satisfied by information on oath or affirmation that there are reasonable grounds to believe that the animal may be subject to distress if returned to its owner. Recommendation: The reference to the SPCA under subsection (1) should be modified to include “SPCA or other credible animal rescue organization”. cA-9.1 Section 16 (2) An order made under subsection (1) may be made on such conditions as the Provincial Court judge considers appropriate, including providing for the return of the animal to its owner where

(a) the inspector or other person who has custody of the animal is

satisfied that there are no longer reasonable grounds to believe that the animal

may be subject to distress if returned to its owner and, where applicable, the

owner has complied with an order issued under this section respecting the

payment of expenses; or

(b) the charge is disposed of, the owner of the animal is acquitted or the charge is dismissed or withdrawn. Recommendation: Any animal returned to an owner should have regular recorded unexpected inspections from that time forward. However, we believe no animal should be returned to an owner convicted under this Act. cA-9.1 Section 17 (1) Where an animal is delivered into the custody of the SPCA, a municipal authority or the minister,

(a) under section 76; (b) by its owner; or

(c) where the owner of the animal is not found by the SPCA, the


municipal authority or the minister, the animal may be destroyed or disposed of within the time and in the manner prescribed by regulation. Recommendation: The references in subsection (1) and (1c) to the SPCA should be modified to include “SPCA or other credible animal rescue organization”. Animals taken into custody should be able to be sold/adopted after a certain period of time, e.g. 6 months, for the welfare of the animal. cA-9.1 Section 18 (1) A person shall not cause an animal to be in distress.

(2) An owner of an animal shall not permit the animal to be in distress.

(3) Subsections (1) and (2) do not apply in respect of a class of animals prescribed by regulation, or animals living in circumstances or conditions prescribed by regulation, or where the distress is a result of a treatment, process or condition that occurs in the course of an accepted activity. Recommendation: Subsection (3) should be modified to include that no animal should be allowed to be in distress for any reason, unless part of a medical treatment prescribed by a veterinarian for the improved health of the animal. cA-9.1 Section 20 A person shall not

(a) maintain or keep an animal for the purpose of fighting; or (b) allow or permit an animal to be used for the purpose of fighting.

Recommendation: This section should be modified to include “train an animal for the purpose of fighting” (cA-9.1 Section 20(c)) cA-9.1 Section 27 (1) A veterinarian who, in the course of practising veterinary medicine, believes on reasonable grounds that an animal has been or is subject to neglect or abuse that compromises the animal's health, other than in the course of an accepted activity, shall promptly

(a) report his or her belief to the Chief Veterinary Officer; and (b) provide information respecting the matter that the Chief Veterinary

Officer requests. Recommendation: Reporting of suspected neglect or abuse should be mandatory, and penalties incurred for failure to report. cA-9.1 Section 28 (1) A person who, while operating a bicycle or a motor vehicle,

injures an animal shall, where reasonably possible, stop and provide the care

and attention to the animal that is necessary to relieve its pain and help its

recovery Recommendation: “Where reasonably possible” should be replaced with “must”.


Part III Nuisance Animals cA-9.1 Section 35 (1) Where a person finds a dog that is killing, maiming or pursuing natural persons or livestock, the person may (a) shoot or otherwise destroy the dog; Recommendation: Subsection (1a) “Shoot or otherwise destroy” should be amended to read “Shoot or otherwise humanely destroy; outside of these parameters shooting is not permitted”. “Otherwise destroy” should be defined. cA-9.1 Section 36 (1) A person may lay a complaint before a Provincial Court judge that a companion animal or livestock is a nuisance and not kept under proper control or has bitten or attempted to bite a person or has injured, worried

or pursued livestock or has injured other animals.

(2) A Provincial Court judge before whom a complaint is laid under subsection (1) shall proceed promptly to hear the matter of the complaint, but shall first give the owner of the animal reasonable notice of the hearing.

(3) Upon hearing a complaint laid under subsection (1), a Provincial

Court judge may, where satisfied that a companion animal or livestock is a

nuisance and not kept under proper control or has bitten or attempted to bite a

person or has injured, worried or pursued livestock or has injured other animals,

make an order that the owner of the animal destroy the animal or take such action

that the Provincial Court judge considers necessary in the circumstances. (4) An order made under this section is in addition to another available

penalty. Recommendation: Under subsection (3) it should be noted that no owner should be allowed to personally destroy an animal. Only a veterinarian, or qualified individual, should be able to destroy an animal, and then only by medically accepted forms of euthanasia. Subsection (4) “another available penalty” should be clearly defined. cA-9.1 Section 37 The minister may authorize an inspector to destroy a companion animal or livestock found at large or kept contrary to this Part. Recommendation: A court order should be required before an animal can be destroyed.

It should be noted that no owner should be allowed to personally destroy an animal. Only a veterinarian should be able to destroy an animal, and then only by medically accepted forms of euthanasia. cA-9.1 Section 41(2) An animal found in an area where the keeping of it is prohibited under this section may be destroyed by an inspector or other person authorized by the minister. Recommendation: This section should be removed from the ACT. An animal should be rehomed, not destroyed.


cA-9.1 Section 41(4) An order made under subsection (3) is in addition to another available penalty. Recommendation: “Another available penalty” should be clearly defined. cA-9.1 Section 43 (5) In subsection (4), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence. Recommendation: This section should be modified to include “danger to human or animal life or safety”.


Part IV Heritage Animals No recommended changes at this time.


Part V Licensing cA-9.1 Section 58 (1) A licence issued under section 55 is subject to the terms, conditions and restrictions that may be consented to by the applicant, imposed by the minister, or prescribed by the regulations. (2) The minister may, by written notice to a licensee, add to, remove or alter the terms, conditions or restrictions to which the licence is subject. (3) A licensee shall comply with the terms, conditions and restrictions to which his or her licence is subject. Recommendation: Subsection (1) should remove “consented to by the applicant, imposed by the minister”. Consent should be required for licensing. Subsection (2) should include “not to reduce the level of care prescribed by the regulations. Only to increase” Subsection (3) should be modified to include “terms and conditions should include regular inspections every 6 months, in addition to unscheduled, recorded inspections. Subsection (4) should be added as follows “All breeders should be licensed and subject to scheduled inspections at least once per year, in addition to one unscheduled inspection per year. Subsection (5) should be added requiring animals be spayed/neutered as soon as medically safe, following breed standards or veterinary recommendation. cA-9.1 Section 65 (e) prescribing the books, accounts and records to be kept by a person licensed under this Act; Recommendation: Records of all persons under this ACT, especially breeders should include yearly veterinary records showing vaccinations, deworming, etc. Recorded times of all births including: number of pups, date of birth, vet vaccination and deworming of pups, and copies of all sale records, etc. All animals should be fed an appropriate diet. No animal should be bred past the age of 5. At which point in their life, the animal should be spayed or neutered and rehomed. cA-9.1 Section 66 (1) The Lieutenant-Governor in Council may make regulations (a) prescribing who may be an inspector for the purpose of this Act or for a provision or Part of this Act, and the terms and conditions of appointment; (b) prescribing a municipal authority whose employees may be appointed as inspectors for the purpose of this Act or for a provision or Part of this Act; (c) prescribing a municipal authority which may be given duties for the administration of this Act, or a Part or provision of this Act; (d) prescribing investigation and inspection powers of inspectors under this Act or a Part or provision of this Act; Recommendation: Regulations should include prior education at a post-secondary institution, or equivalent experience, in the training of animal control officers and inspectors, instead of just a short course given by the office of the provincial vet after


appointment has already been made. At the current time any employee of a town or government department can do this after they are already appointed.


Part VI Regulations and Fees No recommended changes at this time.


Part VII Inspector’s Powers cA-9.1 Section 68 (1) The minister may designate or appoint persons or a class

of persons to be inspectors for the purpose of this Act, or a specific Part or

provision of this Act, on such terms and conditions as the minister may specify,

including the species of animal, the geographic area, and the term for which

persons may be inspectors.

(2) For the purpose of this Act, the following are considered to have been designated under subsection (1):

(a) the Chief Veterinary Officer and staff veterinarians of the department; and

(b) a member of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police.

(3) The minister may designate a person or a class of persons from another department of government under subsection (1), with the approval of the minister of that other department.

(4) The minister may, in writing, authorize a person employed in the

department, or a person or class of persons designated or appointed under

subsection (1), to perform and exercise those duties and powers conferred by

this Act upon the minister that may, in the opinion of the minister, be

conveniently performed or exercised by that person and the performance or

exercise of those duties or powers by that authorized person or class of persons

shall be of the same effect as if they were performed or exercised by the minister. Recommendation: Regulations should include prior education at a post-secondary institution, or equivalent experience, in the training of animal control officers and inspectors, instead of just a short course given by the office of the provincial vet. At the current time any employee of a town can do this. cA-9.1 Section 72 (1) An inspector who is lawfully in a place under this Act or a

warrant issued under this Act or in a public place, may seize an animal or thing

that is produced to the inspector or that is in plain view where the inspector has

reasonable grounds to believe that the animal or thing produced or in plain view (a) would afford evidence of an offence under this Act or the regulations;

(b) was used or is being used in connection with the commission of

an offence under this Act or the regulations, and that the seizure is necessary to prevent the continuation or repetition of the offence. Recommendation: In relation to subsection (1b), “may” should be changed to “must”. cA-9.1 Section 72 (12) Where a person is convicted of an offence under this Act or the regulations, a Provincial Court judge may order that

(a) an animal or thing seized in connection with the offence, or the whole or a part of the proceeds of a sale under subsection (9) be forfeited to the Crown; and


(b) the person pay to the minister an amount of compensation for the reasonable costs, expenses and charges incurred by the minister or an inspector in the management, seizure, storage and disposition of an animal or thing seized in connection with the offence. Recommendation: “May order” should be changed to “must order”. cA-9.1 Section 72 (13) Subsection (12) applies in addition to another penalty. Recommendation: “Another penalty” should be clearly defined. cA-9.1 Section 72 (15) An animal or thing forfeited to the Crown shall be disposed of as the Minister directs. Recommendation: Subsection (15) should be modified to state that an animal forfeited to the Crown must be rehomed rather than disposed of. cA-9.1 Section 73 (1) Where there is authority given under this Act to seize or take

custody of an animal, or to deliver custody of an animal to another person, and

an inspector is of the opinion that it is not practicable to seize, take or deliver

custody in fact of the animal, the inspector shall be considered to have seized or

taken custody in law of the animal or have delivered custody in law of the animal

to the other person.

(2) Where an inspector has taken or delivered custody in law of an animal, but the animal has been left in the custody of the owner,

(a) the inspector may require that the animal be detained by the owner, with the owner to be responsible for the standards of care that may be prescribed by regulation and to provide food, water, care, and treatment to the animal; or

(b) the custodian in law may provide food, care, shelter and veterinary medical treatment to animals in his or her care, may make management decisions with respect to the animals, and may carry out those activities authorized under this Act.

(3) The owner who continues to have custody in fact of the animal does

not have a greater right to the animal than does the custodian in law, and the

ability of the owner who continues to have custody in fact of the animal to deal

with the animal, animal products, animal by-products, bedding, food, cages,

equipment, supplies or other things related to the animal, is limited by the actions

taken by the custodian in law under paragraph (2) (b). Recommendation: Animals deemed to have been seized, taken or delivered into custody must not be left in the custody of the owner. If no provisions have been made for holding these animals, a permanent government operated holding facility must be constructed as soon as possible. cA-9.1 Section 73 (3) The owner who continues to have custody in fact of the animal does not have a greater right to the animal than does the custodian in law, and the ability of the owner who continues to have custody in fact of the animal to deal with the animal, animal products, animal by-products, bedding, food,


cages, equipment, supplies or other things related to the animal, is limited by the actions taken by the custodian in law under paragraph (2)(b). Recommendation: Custodian in law should not reside on the same property as the owner continues to reside.


Part VIII Offences & Penalties cA-9.1 Section 76 (1) A person who contravenes this Act or the regulations or an

order, licence or permit made under this Act or the regulations is guilty of an

offence and is liable on summary conviction to a fine not exceeding $50,000 and,

in default of payment, to a term of imprisonment not exceeding 6 months, or to

both a fine and imprisonment.

(2) Every director or officer of a corporation who authorized, permitted

or participated in the corporation's commission of an offence is also guilty of the

offence and on conviction is liable to the same penalty to which a person is liable

for the offence, whether or not the corporation has been prosecuted or convicted.

(3) Notwithstanding subsection (1), where, with respect to an offence

under this Act or the regulations, a proceeding is commenced by means of a

ticket in accordance with the Provincial Offences Act, a person found guilty of

that offence is liable on summary conviction to a fine that may be established

by the regulations made under section 66.

(4) Where a person is convicted of an offence, a Provincial Court judge may, in addition to another penalty, make an order

(a) prohibiting that convicted person and, if the convicted person is a

corporation, the directors and officers of the corporation described in subsection

(2), from having the ownership, care or custody of an animal, or of a number or

type of animal specified in the order, for a period of time specified in the order,

including in the case of an individual, for the remainder of the person's life and, in

the case of a corporation, forever; and (b) directing that an animal in the ownership or care of that convicted

person be delivered into the custody of the SPCA or the minister.

(5) Where a person is convicted of an offence, the court making the

conviction may, in addition to another penalty, make an order that the convicted

person pay the whole or a part of the cost of providing transportation, food, care,

shelter or treatment provided to, and where applicable, management or

destruction of, an animal that was the subject of the offence of which the

convicted person was convicted. Recommendation: Subsection (1) should include a minimum penalty for contravention of the ACT. In addition, repeat offenders (e.g. 3rd offense) fine should be raised to $100,000 or maximum prison sentence of 2 years, or both. In subsection (4), “another penalty” should be clearly defined. In subsection (4), minimum and maximum (life to be included) times for not owning an animal should be set forward in laws; and should specify that person must not own or reside in a residence with an animal for the length of the sentence. In subsection (5), “the court making the conviction may” should be changed to will, or must.


Part IX General cA-9.1 Section 78. An action does not lie or shall not be instituted against an

inspector, a veterinarian, the SPCA or an officer or employee of the SPCA, a

municipal authority or councillor, an officer or employee of a municipal

authority, the Crown, the minister or an employee of the province, or other

person employed or engaged in the administration or enforcement of this Act,

for loss or damage suffered by reason of anything done in good faith, caused,

permitted or authorized to be done, attempted to be done or omitted to be done,

by that person, under or in the exercise or supposed exercise of a power

conferred by this Act or the regulations or in carrying out or supposed carrying

out of a duty imposed by this Act or the regulations. Recommendation: This section should include employees or volunteers of the SPCA or other credible animal rescue organization.


Part X Repeal & Commencement No recommended changes.


Animal Protection Standards Regulations under the Animal Health and Protection Act

Schedule B: Basic Standards of Dog Care Section 4. A dog shall be provided with the following:

(a) clean, fresh, unfrozen drinking water, at all times;

(b) sufficient quantity and quality of food to allow for normal, healthy growth and the maintenance of normal, healthy bodyweight;

(c) clean food and water receptacles located in a manner that prevents spillage and contamination by excreta;

(d) adequate veterinary attention when necessary; and (e) care that is necessary for the general welfare of the dog.

Recommendation: Under subsection (b) the quality and quantity of food required should be clearly defined. Under subsection (d), written records should be required of initial veterinary treatment. Section 6 A shelter for a dog shall be weather-proof, water-proof and insulated. Recommendation: A shelter for a dog should be built such that the inside walls, or roof can be temporarily removed for an inspector to observe the insulation. Section 23 The size of the floor of a pen or enclosure in which one dog is confined shall not be less than 9 square metres. Recommendation: The minimum size of the floor of a pen or enclosure in which one dog is confined should be increased to 12 square meters. Section 24 The length and width of a floor of a pen or enclosure in which more than one dog is confined shall each be increased by one metre for each additional dog. Recommendation: The size of a pen or enclosure should increase by 2 square meters for each additional dog. Section 26 A pen or enclosure shall contain at least one shelter for a dog that is designed, built and maintained in accordance with these standards. Recommendation: This section should include one approved shelter for each dog within an enclosure, and a limit of 3 dogs per enclosure. Section 27 A pen or enclosure in which a dog is confined shall have an area that provides the dog with shade at all times Recommendation: The amount of space required to be shaded should be clearly defined.


Section 29 A dog that is confined to a pen or enclosure shall be provided

(a) daily social interaction with people or animals or both; (b) toys and other enrichments that are appropriate for the dog's well-

being; and

(c) daily access to exercise that is adequate and appropriate for that dog outside of the pen or enclosure. Recommendation: Subsections (a) & (c) should state a minimum of at least 2 hours walking or running outside of the pen or enclosure. This minimum should be defined within regulation and not left up the owner’s discretion. Section 30 A dog that is tethered, unsupervised, outside shall be

(a) tethered in a location that does not pose a high risk of injury or other distress to the tethered dog; and

(b) tethered in an environment that is free of debris and does not cause harm or undue strain or stress on the tethered dog. Recommendation: This section should include that no dog be tethered unsupervised. A

dog should only be tethered a maximum of 4 hours per day, supervised, in summer

and early fall, with less in spring and winter, dependent on weather. A provision should

be included for no overnight tethering (11pm to 7am) with the exception of short breaks

for evacuation. Section 33 (c) daily access to exercise that is adequate and appropriate for that dog and that is unfettered from a fixed area. Recommendation: Subsection (c) should state a minimum of at least 2 hours walking or running outside of the pen or enclosure per day. This minimum should be clearly defined within regulation and not left to personal interpretation of the owner. Section 34 A dog that is young, aged or infirm shall not be tethered, unsupervised, outside for an extended period of time. Recommendation: The specific definitions and criteria should be provided for “young, aged or infirm”.


Appendix A: Communication Voice for the Voiceless is well connected with animal rescue groups throughout our

province. The animal welfare community has first-hand experience with animal welfare

issues. Through our partnerships, connections and communications with animal

rescue organizations, Voice for the Voiceless has extensive knowledge of current and

ongoing animal welfare issues and can articulate the concerns of the animal welfare

community to the Department in a timely manner. Regular meetings with the

Department would provide an opportunity for bi-directional communication. Recommendation: Regular meetings between Voice for the Voiceless, and/or other credible animal rescue organization and the Department. A registry of animal rescue organizations should be compiled and kept by the department. The creation and use of such a registry would be particularly helpful for identifying “credible” animal rescue organizations.


Appendix B: Education Voice for the Voiceless believes that education is absolutely essential to the realization

of improved animal care and animal over-population issues. In previous years, animals,

especially domestic companion animals, have been viewed as property without any

rights, and which did not require humane treatment. Education is the best tool to

curbing the views of the past, reducing or eliminating animal abuse and addressing

animal over-population. Recommendation: Voice for the Voiceless has already been involved with providing

education to municipalities. We believe that there is a role for the Department to

partner with Voice for the Voiceless to deliver education to the wider community,

including:

information to schools information to municipalities information to the general public (through public events, etc.) wider distribution of Schedule B information package distributed with hunting licenses


Appendix C: Police Assisted Investigative & Seizure Authority At present, enforcement falls to trained enforcement officers and police agencies (RNC

& RCMP). Frequently, animal abuse issues are reported to the animal rescue

organizations before they are brought to the attention of the police. Police face the

challenge of balancing the priorities of other law enforcement with animal abuse

issues. Recommendation: Allow police-assisted investigative and seizure authority for animal rescue organizations deemed credible. This measure would free up police officers for doing the investigation, and avail of the wealth of knowledge and experience of animal rescue organizations.


Appendix D: Credible Animal Rescue Organization To ensure that animal rescue organizations have the knowledge and training to undertake animal abuse investigation, Voice for the Voiceless believes that criteria for determining which organizations fall under the definition of “credible” should be established. Criteria of a credible animal rescue should include, but not be limited to:

Non-profit status

Helps to educate new adopters

Spays/neuters all animals before placement

Ensures that animals have had necessary veterinary care before adoption

Has an adoption contract

Includes a clause in adoption contract to take animals back if the adoption is not successful

Works carefully to match the correct animal with the correct family

Performs background checks on volunteers and possible adopters

Screens potential homes, including a mandatory home visit before adoptions

Credible history with accredited vet clinics

Auditable statistics outlining level of success

Provides annual euthanasia rates, backed up by annual veterinary report


Appendix E: Enforcement The number of enforcement officers, the level of training and access to training for municipalities are seen by Voice for the Voiceless as critical components of reducing animal abuse, neglect, cruelty and abandonment. Recommendation: Voice for the Voiceless believes that there are important considerations in establishing an effective and efficient animal welfare enforcement contingent. Considerations include, but are not limited to:

schedule for regular training sessions offer training over entire province, take the training to the municipalities offer training at low or no cost mandatory municipal training stringent criteria for training annual review of training programs Train the Trainer program, to increase number of available trainers

stricter enforcement of standards or design, construction and maintenance of

the places animals are kept stricter enforcement of standards of care

mandatory training for at least one officer at every police detachment who can

take animal related calls or provide information to officers who do take the calls

penalties for abandonment (not including surrender to a credible animal rescue organization) of companion animals.


Appendix F: Animal Abuse Deterrents While investigation of animal abuse and enforcement of the ACT are fundamental to addressing animal welfare issues, deterrents must also be an essential component of ensuring adherence to legislation. Recommendation: Voice for the Voiceless believes that considerations in establishing effective deterrents should include:

stiffer penalties for infractions review of pan-Canadian standards research on the effectiveness of deterrents mandatory minimum penalties criminal charges, in place of Summary Offence Tickets criminal record for convictions of contraventions of the legislation

penalties for abandonment of animals (including dogs, cats, rabbits, companion

animals)


Appendix G: Animal Population Control Voice for the Voiceless recognizes the challenges that animal over-population can

present for enforcement. A humane way to help control over-population of unwanted

animals is spay/neuter of domestic companion animals. Over-population of domestic

companion animals places undue burden on animal rescue organizations and is a

contributing factor to animal euthanasia. Spaying and neutering helps prevent the

proliferation of unwanted animals. Recommendation: The ACT should be amended to make spaying/neutering of

companion animals mandatory as soon as medically safe, as determined by breed

standards and veterinary recommendation. Exceptions can be made for animals of

advanced age, animals which are ill or animals registered and licensed for breeding

purposes. Animals adopted from breeders and rescues must be spayed/neutered or include a

provision in adoption/purchase contract requiring spay/neuter as soon as medically

safe, as determined by breed standards and veterinary recommendation. As noted above, spay and neuter are essential components of animal population

control. Trap-Neuter-Return (TNR) is an effective, humane method off limiting

unwanted animal proliferation. TNR has been shown to be a safe, and more effective

than euthanasia in preventing over-population. TNR programs have been successfully

implemented in cities and towns across Canada, including Toronto. Recommendation: TNR should be included as a recommended standard in Provincial and Municipal legislation in conjunction with the assistance of animal rescue organizations with the requisite knowledge and experience.


Appendix H: Abandonment Abandonment of unwanted animals is the primary contributor of animal over-population. Many abandoned animals are not spayed or neutered, leading to increased reproduction of the stray animal population. Abandonment can also lead or contribute to the spread of illness and the incidence of injury. Education on options for people with unwanted animals, spaying and neutering, and the implementation of stiffer penalties can help reduce animal over-population, as well as minimize the impact of illness for unwanted animals. Recommendation: Voice for the Voiceless believes that a number of measures can be

implemented to address the issue of abandonment. Education is an important

component of a strategy to reduce/eliminate animal abandonment. When people have

unwanted animals, contacting an animal rescue organization can lead to having the

animal re-homed. When education is unsuccessful, then appropriate penalties must be

applied to act as a deterrent.


Appendix I: Forms of Euthanasia: Carbon Monoxide Chambers According to the Humane Society of the United States, “CO chambers cannot provide

humane euthanasia for shelter populations. From an animal’s vantage point, the

process of gas chamber euthanasia can be extremely scary. These animals are placed

into a small, dark, hot box, filled with the lingering smells of the animals that came

before them – many of whom sweated, urinated, defecated before dying. If placed in the

chamber with more than one animal, they may begin fighting out of fear and

desperation. The strange sights, sounds and noises often escalate the panic. For

several minutes they may exist in this state of terror, clawing and calling for a way out. They may struggle for air or begin convulsing before finally losing consciousness.” The practice of Carbon Monoxide chambers as a form of euthanasia is an outdated one. This practice has been banned in 20 states, as well as most European countries. The availability of cheap, safe and effective euthanasia drugs make this practice expensive and unnecessary. The available drugs can render an animal unconscious in 3-5 seconds. Recommendation: Ban the use of carbon monoxide gas chambers as a method of euthanasia.


Appendix J: Tethering Reference to the issue of tethering is found in the ACT at cA-9.1 S32 (1) and also in

Schedule B of the Regulations, Standards of Dog Care, S30 – S34. These regulations

do not restrict the amount of time that a dog may be tethered except for S34 - A dog

that is young, aged or infirm shall not be tethered, unsupervised, outside for an

extended period of time. Even with a dog house constructed to the specifications of S6 – S14 a dog will still experience cold when temperatures are below 10°C or will experience discomfort when temperatures are above 25°C. Additionally, a dog tethered 24 hours a day may experience loneliness without human contact. Dogs tethered 24 hour a day, 365 days a year are at risk of frost burn when temperatures are frigid and are at risk of heat stroke when temperatures are at high values. Additionally tethered dogs are often deprived of socialization. Recommendation: Schedule B of the Animal Protection Standards Regulations under the Animal Health and Protection Act should include a provision banning tethering between the hours of 11:00 P.M. and 7:00 A.M., with the exception of short breaks for evacuation. Dogs tethered during the period of 7:00 A.M. – 11:00 P.M. daily, may not be tethered for any longer than four (4) consecutive hours, where weather permits. At the end of four (4) hours of tethering a dog must be removed from the tether for a period of not less than one (1) hour. During periods when tethering is permitted it must be in compliance with the provisions of the Animal Health and Protection ACT. A dog that is tethered should be located in a place where there is shelter from high winds and precipitation, as well as sufficient shade. No dog should be left tethered unattended.


Appendix K: Rental Discrimination At the current time in Newfoundland and Labrador, a landlord may refuse rental to a family with pets. While Voice for the Voiceless understands the landlord’s concern of property damage, there should be a stipulation against discrimination of pet owners by landlords. Recommendation: An additional (reasonable) animal occupancy deposit may be required to have a pet in rented accommodations. This combined with frequent landlord inspections of the property should alleviate landlord concerns.


Appendix L: Removal of an Animal Under the current regulations, there is no set time for an animal owner to comply with a directive or regulation of which they are in contravention. Often this means that an animal in a shelter that does not meet the standards set out in Schedule B is left in those conditions. Recommendation: An inspection that finds an animal in an inadequate (uninsulated) shelter, between November 1 and April 30, should result in the immediate removal of the animal and it will be relocated to a shelter that meets the standards set forward in Schedule B, until such a time as the owner brings the animal’s shelter up to code. During the summer months (May 1 to October 31), the owner should be given a two (2) week time limit to make changes to bring the shelter in line with regulations before

the seizure of an animal.


Appendix M: Breeders Currently, there are many “backyard breeders” and puppy mills operating in Newfoundland and Labrador. A definition of breeder should be included into the ACT to encompass the currently unregistered and unlicensed breeders and dealers of animals. Recommendation: The definition of breeder should be included in the ACT as anyone with an interest in reproducing or selling animals for financial or personal gain.


Appendix N: Other Animals The current legislation tends to focus on cats and dogs as companion animals. While these are the most common, there are many other animals that people keep as companion animals. Recommendation: The legislation should include other animals as companion animals, including but not limited to: rabbits, ferrets, guinea pigs, small animals, birds and lizards.


Appendix O: Identification Identifying information such as a tag or collar is very important in reuniting animals with their owners, Recommendation: Every pet owner must ensure that their pet wears a collar with

sufficient identifying information to allow any person finding the animal at large to

identify and contact the owner. The identification options include, but are not limited to:

a collar and phone number tag worn by the dog, a tattoo or microchip traceable to the

owner.

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