An Act to amend the Criminal Code (bestiality and animal fighting) (S.C. 2019, c. 17)

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Assented to 2019-06-21

An Act to amend the Criminal Code (bestiality and animal fighting)

S.C. 2019, c. 17

Assented to 2019-06-21

An Act to amend the Criminal Code (bestiality and animal fighting)

This enactment amends the Criminal Code to

(a) define “bestiality”;
(b) expand the scope of the offence of encouraging, aiding or assisting at the fighting or baiting of animals or birds so that the offence
- (i) includes promoting, arranging, receiving money for or taking part in the fighting or baiting of animals or birds, and
- (ii) also applies with respect to the training, transporting or breeding of animals or birds for fighting or baiting; and
(c) expand the scope of the offence of building, making, maintaining or keeping a cockpit so that the offence applies with respect to any arena for animal fighting.

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

1 Section 160 of the Criminal Code is amended by adding the following after subsection (3):

Marginal note:Order of prohibition or restitution
(4) The court may, in addition to any other sentence that it may impose under any of subsections (1) to (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.
Marginal note:Breach of order
(5) Every person who contravenes an order made under paragraph (4)(a) is guilty of an offence punishable on summary conviction.
Marginal note:Application
(6) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (4)(b).
Marginal note:Definition of bestiality
(7) In this section, bestiality means any contact, for a sexual purpose, with an animal.

Marginal note:2008, c. 12, s. 1

2 Paragraph 445.1(1)(b) of the Act is replaced by the following:

(b) in any manner encourages, aids, promotes, arranges, assists at, receives money for or takes part in
- (i) the fighting or baiting of animals or birds, or
- (ii) the training, transporting or breeding of animals or birds for the purposes of subparagraph (i);

Marginal note:2008, c. 12, s. 1

3 (1) Subsection 447(1) of the Act is replaced by the following:
Marginal note:Arena for animal fighting
- 447 (1) Everyone commits an offence who builds, makes, maintains or keeps an arena for animal fighting on premises that he or she owns or occupies, or allows such an arena to be built, made, maintained or kept on such premises.
(2) Subsection 447(3) of the Act is repealed.

4 The definition designated offence in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (a)(vi):