PREVENTION OF CRUELTY TO ANIMALS ACT

[RSBC 1996] CHAPTER 372

Part 1 — Interpretation and Application

Definitions

1 (1) In this Act:

"justice" means a justice as defined in the Offence Act;

"registered veterinarian" means a veterinarian registered under the Veterinarians Act;

"rules", in relation to the society, include except in section 5 the constitution, bylaws and regulations of the society;

"society" means the society continued under section 3.

(2) For the purposes of this Act, an animal is in distress if it is

(a) deprived of adequate food, water or shelter,or

(b) injured, sick, in pain or suffering, or

(c) abused or neglected.

(3) For the purposes of this Act, a person responsible for an animal includes a person who

(a) owns an animal, or

(b) has custody or control of an animal.

Application

2 This Act does not apply to wildlife, as defined in the Wildlife Act, that is not in captivity.

Part 2 — The Society

Society continued

3 The society under the name of "The British Columbia Society for the Prevention of Cruelty to Animals" is continued with perpetual succession and a corporate seal.

Membership of society

4 (1) In addition to those persons who immediately before April 6, 1968, were members of the society, the membership of the society consists of those persons who, in accordance with the rules of the society, are admitted to membership.

(2) The rules of the society may provide for different categories of members.

(3) The members of the society are subject to the rules and hold their membership subject to the rules.

Constitution of society

5 (1) The society may amend or replace its constitution, bylaws, rules and regulations.

(2) Subject to subsection (1), the constitution, bylaws, rules and regulations of the society in force immediately before April 6, 1968 continue in force, and the society is governed by them.

(3) Subject to subsection (4), the power to make bylaws, rules or regulations may be delegated to any committee, branch or officer of the society.

(4) No delegation may be made under subsection (3)

(a) with respect to a matter reserved by the constitution, bylaws, rules or regulations to a meeting of the members of the society, or

(b) with respect to a bylaw relating to policies and operational procedures of the society for administering the enforcement powers of this Act.

Monitoring of enforcement bylaws

6 (1) The society must file with the minister a copy of every bylaw made under section 5 that relates to policies and operational procedures of the society for administering the enforcement powers of this Act within 7 days after it is made.

(2) The Lieutenant Governor in Council may disallow a bylaw that relates to the matters described in subsection (1).

(3) The power of disallowance under subsection (2) applies to bylaws made both before and after the day on which this section comes into force.

Powers of society

7 The society may do one or more of the following:

(a) receive, take, hold, enjoy and manage all gifts, devises, bequests, legacies, subscriptions and donations of property that are made or given to it;

(b) acquire, hold, lease, sell, convey and mortgage any property necessary to carry out the work of the society;

(c) establish and operate public shelters for stray and seized animals;

(d) enter agreements with the government and with any municipality or regional district to act as pound keeper in a defined area in British Columbia.

Branches

8 (1) Subject to subsection (3), the branches of the society are continued.

(2) The society may form and establish branches in its discretion anywhere in British Columbia.

(3) Branches are subject to the control and direction of the society and may, in accordance with the rules of the society, be

(a) dissolved by the society, or

(b) suspended by the society or its executive committee.

(4) If the society establishes a branch, it must promptly send the Registrar of Companies a notice setting out the date the branch was formed, the title of the branch, the locality and powers of the branch, and the other information the registrar may require.

(5) The society must notify the registrar when a branch ceases to exist.

Corporate duties and obligations

9 (1) The society must

(a) have an address in British Columbia to which all communications and notices may be sent and at which all process may be served, and

(b) file with the Registrar of Companies notice of every change of address within 14 days after the change is made.

(2) Every general meeting of the society must be held in British Columbia.

(3) The society must hold an annual general meeting.

(4) Within 14 days after the annual general meeting, the society must file with the Registrar of Companies

(a) in respect of the society and each of its branches, audited financial statements, each in the form of a balance sheet containing general particulars of assets and liabilities, and a statement of income and expenditure, and

(b) lists of directors of the society and of each branch, stating their addresses and occupations and the date of appointment or election of each director.

(5) In addition to the filings required under subsection (4) (b), on request by the Registrar of Companies, the society must furnish the registrar with particulars of directors of the society and of its branches.

(6) The society and each of its branches must

(a) maintain a register of members, and

(b) record in it the name and address of every person admitted as a member of the society.

(7) Failure, refusal or neglect by the society to observe or perform a duty or obligation created or imposed by this section or section 8 (4) or (5) is an offence.

(8) If the society commits an offence under subsection (7), it is liable on conviction to a penalty of not more than $100.

Part 3 — Relieving Distress in Animals

Authorized agents

10 (1) The society may appoint an officer or employee of the society or any other person as an authorized agent for the purposes of this Act.

(2) An authorized agent may exercise the powers of an authorized agent under this Act or any other law relating to the prevention of cruelty to animals only if he or she has been appointed as a special provincial constable under the Police Act.

Relieving distress in animals

11 If an authorized agent is of the opinion that an animal is in distress and the person responsible for the animal

(a) does not promptly take steps that will relieve its distress, or

(b) cannot be found immediately and informed of the animal's distress,

the authorized agent may, in accordance with sections 13 and 14, take any action that the authorized agent considers necessary to relieve the animal's distress, including, without limitation, taking custody of the animal and arranging for food, water, shelter and veterinary treatment for it.

Relieving critical distress in animals

12 (1) In this section, "critical distress" means distress in an animal of such a nature that

(a) immediate veterinary treatment cannot prolong the animal's life, or

(b) prolonging the animal's life would result in the animal suffering unduly.

(2) If, in the opinion of

(a) a registered veterinarian, or

(b) an authorized agent, if a registered veterinarian is not readily available,

an animal is in critical distress, the authorized agent may destroy the animal or have the animal destroyed.

Authority to enter with a warrant

13 (1) An authorized agent who believes, on reasonable grounds,

(a) that there is an animal in distress in any premises, vehicle, aircraft or vessel, or

(b) that an offence under section 24 has been committed and that there is in any premises, vehicle, aircraft or vessel, any thing that will afford evidence of that offence,

may enter the premises, vehicle, aircraft or vessel with a warrant issued under subsection (2) for the purpose of

(c) determining whether any action authorized by this Act should be taken to relieve the animal's distress, or

(d) searching for any thing that will afford evidence of an offence under section 24.

(2) A justice who is satisfied by information on oath in the prescribed form that there are reasonable grounds

(a) under paragraph (1) (a), may issue a warrant in the prescribed form authorizing an authorized agent to enter the premises, vehicle, aircraft or vessel for the purpose of taking any action authorized by this Act to relieve the animal's distress, and

(b) under paragraph (1) (b), may issue a warrant in the prescribed form authorizing an authorized agent to enter the premises, vehicle, aircraft or vessel for the purpose of searching for the thing that will afford evidence of an offence under section 24.

(3) A justice may issue a warrant under subsection (2) for either or both of the purposes referred to in that subsection.

(4) A warrant issued under subsection (2) is subject to the conditions specified in the warrant.

Authority to enter without a warrant

14 (1) In this section, "critical distress" means distress in an animal of such a nature that

(a) immediate veterinary treatment cannot prolong the animal's life,

(b) prolonging the animal's life would result in the animal suffering unduly, or

(c) immediate veterinary intervention is necessary to prevent the imminent death of the animal.

(2) An authorized agent who believes on reasonable grounds that there is an animal in critical distress in any premises, other than a dwelling house, or in any vehicle, aircraft or vessel, may enter the premises, vehicle, aircraft or vessel without a warrant for the purpose of taking any action authorized by this Act to relieve that critical distress.

Inspection

15 An authorized agent may, without a warrant, during ordinary business hours enter any premises, other than a dwelling house, where animals are kept for sale, hire or exhibition for the purpose of determining whether any animal is in distress in the premises.

Identification

16 An authorized agent exercising a power under section 13, 14 or 15 must, on demand, produce his or her certificate of appointment to the owner or occupant of any premises, vehicle, aircraft or vessel entered under those sections.

Disposition of abandoned animals taken into custody

17 If an animal is taken into custody under section 11 after having been found straying at large, abandoned or apparently ownerless and

(a) the owner is unknown, the society may destroy, sell or otherwise dispose of the animal after the society has held the animal for a period of at least 4 days, or

(b) the owner is known, the society may destroy, sell or otherwise dispose of the animal 4 days after the society has given notice to the owner in accordance with section 19.

Disposition of animals removed from custody of owner

18 If an animal is removed from the custody of its owner under section 11 and taken into the custody of the society, the society may destroy, sell or otherwise dispose of the animal 14 days after the society has given notice to the owner in accordance with section 19.

Form of notice

19 The notice referred to in sections 17 (b) and 18 must be in writing and

(a) mailed to or served personally on the owner, or

(b) if it cannot be mailed to or served personally on the owner, published at least 3 times at 2 day intervals in a newspaper circulating in the area in which the animal was taken into custody.

Costs and proceeds of disposition

20 (1) The owner of an animal taken into custody under section 11 is liable to the society for the costs incurred by the society under this Act with respect to the animal.

(2) The society may require the owner to pay the costs for which he or she is liable under subsection (1) before returning the animal.

(3) Subject to subsection (4), the society may retain the proceeds of a sale or other disposition of an animal under section 17 or 18.

(4) If the proceeds of a sale or other disposition exceed the costs referred to in subsection (1), the owner of the animal may, within 6 months of the date the animal was taken into custody, claim the balance from the society.

Part 4 — General

Aid by police

21 A peace officer must assist the authorized agents of the society in enforcing this or any other law relating to the prevention of cruelty to animals.

Police powers

22 In a part of British Columbia in which the society does not function through a branch or authorized agent, a peace officer who has jurisdiction in the part has and may exercise any of the powers of an authorized agent of the society under this Act.

Obstruction

23 (1) A person who wilfully or knowingly interferes with or obstructs a person in the discharge of duties or the exercise of powers under this Act commits an offence.

(2) A person who commits an offence under subsection (1) is liable on conviction to a fine of not more than $100 or to imprisonment for one month, or both.

Offence

24 (1) A person responsible for an animal who causes or permits the animal to be or to continue to be in distress commits an offence.

(2) Subsection (1) does not apply if the distress results from an activity that is carried on in accordance with reasonable and generally accepted practices of animal management.

(3) If a person is convicted of an offence under subsection (1), a justice may, in addition to any other penalty that may be imposed for the offence, prohibit the person from owning or having custody or control of an animal for a period of time specified by the justice.

(4) A justice may make an order under subsection (3) on any terms the justice considers appropriate.

(5) A person who fails to comply with an order made under subsection (3) commits an offence.

Order of custody

25 (1) An authorized agent may apply to the Supreme Court for an order of custody of an animal in respect of which a charge has been laid under section 24.

(2) An applicant under subsection (1) may retain custody of an animal in respect of which the application is made pending the outcome of any proceedings under section 24, despite the fact that the owner of the animal

(a) has paid the costs incurred by the society for which the owner is liable under section 20, and

(b) has requested the authorized agent to return the animal.

(3) The Supreme Court may make an order under this section on any terms it considers appropriate.

Power to make regulations

26 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) requiring the society to make bylaws with respect to the policies and operational procedures of the society for administering the enforcement provisions of this Act, and

(b) prescribing the form of an information to obtain a warrant and the form of a warrant for the purposes of section 13.