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Bill C-10B

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2nd Session, 37th Parliament,
51-52 Elizabeth II, 2002-2003

House of Commons of Canada

BILL C-10B

An Act to amend the Criminal Code (cruelty to animals)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as An Act to amend the Criminal Code (cruelty to animals).

CRIMINAL CODE

R.S., c. C-46

2. The Act is amended by adding the following after section 182:

PART V.1

CRUELTY TO ANIMALS

Definition of ``animal''

182.1 In this Part, ``animal'' means a vertebrate, other than a human being, and any other animal that has the capacity to feel pain.

Killing or harming animals

182.2 (1) Every one commits an offence who, wilfully or recklessly,

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

    (b) kills an animal or, being the owner, permits an animal to be killed, brutally or viciously, regardless of whether the animal dies immediately;

    (c) kills an animal without lawful excuse;

    (d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things;

    (e) in any manner encourages, promotes, arranges, assists at or receives money for the fighting or baiting of animals, including training an animal to fight another animal;

    (f) builds, makes, maintains, keeps or allows to be built, made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies;

    (g) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot at the moment they are liberated; or

    (h) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (e) or (g).

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

    (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months or to both.

Failing to provide adequate care

182.3 (1) Every one commits an offence who

    (a) negligently causes unnecessary pain, suffering or injury to an animal;

    (b) being the owner, or the person having the custody or control of an animal, wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter and care for it; or

    (c) negligently injures an animal while it is being conveyed.

Definition of ``negligently''

(2) For the purposes of subsection (1), ``negligently'' means departing markedly from the standard of care that a reasonable person would use.

Punishment

(3) Every one who commits an offence under subsection (1) is guilty of

    (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    (b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or imprisonment for a term of not more than six months or to both.

Order of prohibition or restitution

182.4 (1) The court may, in addition to any other sentence that it may impose under subsection 182.2(2) or 182.3(3),

    (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and

    (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.

Breach of order

(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.

Application

(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).

Common law defences

182.5 For greater certainty, subsection 8(3) applies in respect of proceedings for an offence under this Part.

Definition of ``law enforcement animal''

182.6 (1) In this section, ``law enforcement animal'' means a dog, a horse or any other animal used by a peace officer or public officer in the execution of their duties.

Poisoning, injuring or killing law enforcement animal

(2) Every one commits an offence who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a peace officer or public officer engaged in the execution of their duties or a person acting in aid of such an officer.

Punishment

(3) Every one who commits an offence under subsection (2) is guilty of

    (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    (b) an offence punishable on summary conviction and liable to a fine of not more than ten thousand dollars or to imprisonment for a term of not more than eighteen months, or to both.

Order of restitution

(4) The court may, in addition to any other sentence that it may impose under subsection (3), order the accused to pay all reasonable costs associated with the loss of or injury to the law enforcement animal as a result of the commission of the offence if the costs are readily ascertainable.

R.S., c. 27 (1st Supp.), s. 38

3. Paragraph 264.1(1)(c) of the Act is replaced by the following:

    (c) to kill, poison or injure an animal that is the property of any person.

4. The heading before section 444 and sections 444 to 447 of the Act are repealed.

COMING INTO FORCE

Coming into force

5. The provisions of this Act and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

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