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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

PART XIWilful and Forbidden Acts in Respect of Certain Property (continued)

Cruelty to Animals

Marginal note:Causing unnecessary suffering

  •  (1) Every one commits an offence who

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

    • (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);

    • (c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;

    • (d) 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 birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or

    • (e) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).

  • Marginal note: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 of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • Marginal note:Failure to exercise reasonable care as evidence

    (3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.

  • Marginal note:Presence at baiting as evidence

    (4) For the purpose of proceedings under paragraph (1)(b), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.

  • 2008, c. 12, s. 1
  • 2019, c. 17, s. 2
  • 2019, c. 25, s. 172

Marginal note:Definition of cetacean

  •  (1) In this section, cetacean includes any member of the cetacean order, including a whale, dolphin or porpoise.

  • Marginal note:Offence

    (2) Subject to subsections (2.1) to (3.1), every person commits an offence who

    • (a) owns, has the custody of or controls a cetacean that is kept in captivity;

    • (b) breeds or impregnates a cetacean; or

    • (c) possesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo.

  • Marginal note:Exception — gestation

    (2.1) If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force.

  • Marginal note:Exception — offspring

    (2.2) Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force.

  • Marginal note:Exception

    (3) Paragraph (2)(a) does not apply to a person who

    • (a) owns, has the custody of or controls a cetacean that is kept in captivity at the coming into force of this section and remains continuously in captivity thereafter;

    • (b) has the custody of or controls a cetacean that is kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress; or

    • (c) is authorized to keep a cetacean in captivity in the best interests of the cetacean’s welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.

  • Marginal note:Exception

    (3.1) Subsection (2) does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.

  • Marginal note:Exception — authorization

    (4) Every person commits an offence who 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 cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.

  • Marginal note:Punishment

    (5) Every one who commits an offence under subsection (2) or (4) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $200,000.

  • 2019, c. 11, s. 2
  • 2019, c. 14, s. 58.3

Marginal note:Causing damage or injury

  •  (1) Every one commits an offence who

    • (a) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or

    • (b) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.

  • Marginal note: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 two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to exercise reasonable care as evidence

    (3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it damage or injury is, in the absence of any evidence to the contrary, proof that the damage or injury was caused by wilful neglect.

  • R.S., 1985, c. C-46, s. 446
  • 2008, c. 12, s. 1
  • 2019, c. 25, s. 173

Marginal note:Arena for animal fighting

  •  (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.

  • Marginal note: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 of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • (3) [Repealed, 2019, c. 17, s. 3]

  • R.S., 1985, c. C-46, s. 447
  • 2008, c. 12, s. 1
  • 2019, c. 17, s. 3
  • 2019, c. 25, s. 174

Marginal note:Order of prohibition or restitution

  •  (1) The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.1(2), 446(2) or 447(2),

    • (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird 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 or a bird as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal or bird, if the costs are readily ascertainable.

  • Marginal note:Breach of order

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

  • Marginal note:Application

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

  • 2008, c. 12, s. 1
  • 2018, c. 29, s. 54
 
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