NEWFOUNDLAND
AND
LABRADOR
REGULATION 34/12
Animal Health and Protection Ticket Offences Regulations
under the
Animal Health and Protection Act
(O.C. 2012-102)
(Filed May 2, 2012)
Under the authority of section 66 of the Animal Health and Protection Act,
the Lieutenant-Governor in Council makes the following regulations.
Dated at St. John's
, May 2, 2012.
Robert Thompson
Clerk of the Executive Council
REGULATIONS
Analysis
Short title
1.
These regulations may be cited as the Animal Health and Protection Ticket Offence Regulations
.
34/12 s1
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Definitions
2.
In these regulations, "service animal" means an animal trained to be used by a person with a disability for reasons relating to his or her disability.
34/12 s2
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Ticketable offence
3.
A violation of a provision of the Act or the regulations listed in the Schedules, is an offence for which a ticket may be issued under the Provincial Offences Act
and regulations.
34/12 s3
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Penalty for offence
4.
(1) A person who contravenes a provision of the Act or the regulations is guilty of an offence and where the complaint is laid and summons issued by means of a ticket is liable for a first offence or subsequent offence, where applicable, to a fine in the amount prescribed in the Schedules.
(2)
Where a complaint is laid and a summons issued other than by way of a ticket, the penalties set out in the Act apply.
34/12 s4
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Subsequent offences
5.
(1) With respect to those provisions of the Act referred to in Schedule A, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under that Act.
(2)
With respect to those provisions of the Animal Health Regulations
referred to in Schedule B, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.
(3)
With respect to those provisions of the Animal Protection Regulations
referred to in Schedule C, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.
(4)
With respect to those provisions of the Animal Protection Standards Regulations
referred to in Schedule D, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.
(5)
With respect to those provisions of the Animal Reportable Diseases Regulations
referred to in Schedule E, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.
(6)
With respect to those provisions of the Fur Farming Regulations
referred to in Schedule F, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.
(7)
With respect to those provisions of the Newfoundland Pony Regulations
referred to in Schedule G, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations.
34/12 s5
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Commencement
6.
These regulations come into force on May 2, 2012.
34/12 s6
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Schedule A
Animal Health and Protection Act
Penalties
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18(1) |
Causing an animal to be in distress |
100 |
250 |
500 |
18(1) (service animal) |
Causing a service animal to be in distress |
250 |
500 |
1000 |
18(2) |
Owner permitting animal to be in distress |
100 |
250 |
500 |
19 |
Harming or causing harm to animal used for law enforcement purposes |
250 |
500 |
1000 |
20(a) |
Maintaining or keeping an animal for the purpose of fighting |
250 |
500 |
1000 |
20(b) |
Allowing or permitting an animal to be used for the purpose of fighting |
250 |
500 |
1000 |
21 |
Transporting or permitting to be transported an animal in a motor vehicle outside passenger compartment and not confining or securing the animal |
100 |
250 |
500 |
22 |
Confining or permitting to be confined an animal in an enclosed space, including motor vehicle, without adequate ventilation |
100 |
250 |
500 |
23(1) |
Transporting or permitting to be transported an animal in the trunk of a motor vehicle |
100 |
250 |
500 |
24(1) |
Permitting an animal to be hitched, tied or fastened to a fixed object where a choke collar or choke chain forms part of securing apparatus |
100 |
250 |
500 |
24(2) |
Permitting an animal to be hitched, tied or fastened to a fixed object by means of a rope or cord tied around the animal's neck |
100 |
250 |
500 |
25 |
Cutting or permitting to be cut the solid part of the tail of a horse |
100 |
250 |
500 |
26 |
Cutting or cropping or permitting to be cut or cropped the ear of a dog |
100 |
250 |
500 |
27(1)(a) |
Failure of veterinarian to promptly report to the Chief Veterinary Officer |
100 |
250 |
500 |
27(1)(b) |
Failure of veterinarian to provide information that the Chief Veterinary Officer requests |
100 |
250 |
500 |
28(1) |
Failure of person who, while operating bicycle or motor vehicle, injures an animal, to stop and provide care and attention to animal |
100 |
250 |
500 |
28(2) |
Failure of person who, while operating a bicycle or motor vehicle, kills an animal, to notify inspector |
100 |
250 |
500 |
28(2) |
Failure of person who, while operating a bicycle or motor vehicle, kills an animal, to provide information that the inspector requires |
100 |
250 |
500 |
31 |
Permitting a companion animal or livestock to cause a hazard |
50 |
100 |
250 |
32(1) |
Failure of owner to keep dog safely tethered or penned |
50 |
100 |
250 |
33(a) |
Permitting a bull over the age of 9 months to run at large |
50 |
100 |
250 |
33(b) |
Permitting a stallion over the age of one year to run at large |
50 |
100 |
250 |
33(c) |
Permitting a ram over the age of 4 months to run at large |
50 |
100 |
250 |
40(2) |
Permitting the running at large or the keeping of an animal within the province at large or an area specified in an order made under subsection 40(1) |
50 |
100 |
250 |
49(1) |
Destroying, interfering with or disposing a heritage animal |
100 |
250 |
500 |
55(3) |
Owning or operating an establishment, or breeding or keeping an animal without a licence |
50 |
100 |
250 |
56(4) |
Making a false statement of fact or misrepresenting a fact or circumstance in an application or document submitted to minister |
50 |
100 |
250 |
58(3) |
Failure of licensee to comply with terms, conditions and restrictions to which licence is subject |
50 |
100 |
250 |
60 |
Failure of licensee to produce licence for inspection when requested |
100 |
250 |
500 |
63(a) |
Failure of licensee to notify minister of change of address for service |
50 |
100 |
250 |
63(b) |
Failure of licensee to notify minister of change in partners |
50 |
100 |
250 |
63(c) |
Failure of licensee to notify minister of change in directors |
50 |
100 |
250 |
64(1) |
Failure of licensee to file annual return |
50 |
100 |
250 |
64(2) |
Failure of licensee to include information in annual return that the minister may require |
50 |
100 |
250 |
73(5) |
Person who is not a custodian in law selling, bargaining or assigning ownership or otherwise alienating title to or interest in an animal |
100 |
250 |
500 |
74(a) |
Failure of person occupying, in charge of, or in a place entered by inspector to give all reasonable assistance to enable the carrying out of an action authorized under the Act |
100 |
250 |
500 |
74(b) |
Failure of person occupying, in charge of, or in a place entered by inspector to furnish inspector with the record or thing that the inspector may reasonably require to carry out authorized action |
100 |
250 |
500 |
74(c) |
Failure of person occupying, in charge of, or in a place entered by inspector to produce an animal that the inspector requires for viewing or examination |
100 |
250 |
500 |
75(a) |
Obstructing or interfering with an inspector or other person engaged in the execution of the Act or the regulations |
100 |
250 |
500 |
75(b) |
Providing an inspector or other person engaged in the execution of the Act or the regulations with false information |
100 |
250 |
500 |
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Schedule B
Animal Health Regulations
Penalties
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100 |
250 |
500 |
3(7)(b) |
Contravention of order under subs. 3(2) (destruction or disposal of a thing) |
100 |
250 |
500 |
3(7)(c) |
Contravention of order under subs. 3(3) (destruction of animal) |
100 |
250 |
500 |
4(2) |
Contravention of order under subs. 4(1) (detention on entry) |
100 |
250 |
500 |
5(7) |
Contravention of order under subs. 5(1) (quarantine) |
100 |
250 |
500 |
6(1) |
Failure to obtain permit to import honeybees or hives |
100 |
250 |
500 |
6(3) |
Failure to comply with terms and conditions of permit |
100 |
250 |
500 |
7(1) |
Failure to have certificate respecting honeybees or hives as required |
100 |
250 |
500 |
7(2) |
Failure to ensure honeybees and hives are not exposed to other honeybees or hives during shipment |
100 |
250 |
500 |
7(3) |
Failure to quarantine honeybees or hives |
100 |
250 |
500 |
7(4) |
Moving quarantined honeybees or hives |
100 |
250 |
500 |
7(5) |
Failure to report illness or death of imported honeybees |
100 |
250 |
500 |
7(7) |
Contravention of order under subs. 7(6) respecting honeybees or hives |
100 |
250 |
500 |
8(1) |
Failure to transport, detain, maintain or keep animal as required |
100 |
250 |
500 |
8(4) |
Contravention of order under subs. 8(3) (clean or disinfect place) |
100 |
250 |
500 |
9(1) |
Removal or release of animal from place of detention |
100 |
250 |
500 |
9(2) |
Removal or release of animal or honeybee hive from quarantine |
100 |
250 |
500 |
10(1) |
Sale
of antibiotic for animal use without a prescription |
100 |
250 |
500 |
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Schedule C
Animal Protection Regulations
Penalties
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8(1) |
Cutting or permitting to be cut the solid part of the tail of a dog, sheep or other animal excluding horse |
100 |
250 |
500 |
9(1) |
Performing cosmetic surgery on animal |
100 |
250 |
500 |
10(1) |
Performing onychectomy (declawing) in a cat |
100 |
250 |
500 |
11(1) |
Using a prohibited chemical method of euthanasia |
100 |
250 |
500 |
11(2) |
Using a prohibited mechanical method of euthanasia |
100 |
250 |
500 |
15 |
Carrying out a practice or procedure that is prohibited in a code or standard, to the extent that the code or standard is adopted in the Animal Protection Standards Regulations
|
100 |
250 |
500 |
16(1) |
Pet retail store owner or operator carrying out a prohibited sale of a dog |
100 |
250 |
500 |
16(2) |
Pet retail store owner or operator carrying out a prohibited sale of a cat |
100 |
250 |
500 |
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Schedule D
Animal Protection Standards Regulations
Penalties
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4(2) |
Non-compliance with requirements in Code of Practice (livestock owner) |
100 |
250 |
500 |
4(3) |
Non-compliance with requirements in Code of Practice (owner or operator of place where livestock kept) |
100 |
250 |
500 |
5(3) |
Non-compliance with requirements in Code of Practice (dairy cattle owner) |
100 |
250 |
500 |
5(4) |
Non-compliance with requirements in Code of Practice (owner or operator of place where dairy cattle kept) |
100 |
250 |
500 |
6(4) |
Non-compliance with requirements in Code of Practice (kennel) |
100 |
250 |
500 |
7(4) |
Non-compliance with requirements in Code of Practice (cattery) |
100 |
250 |
500 |
8(2) |
Non-compliance with requirements in Code of Practice (mink) |
100 |
250 |
500 |
9(2) |
Non-compliance with requirements in Code of Practice (fox) |
100 |
250 |
500 |
10(2) |
Non-compliance with requirements in adopted Canadian Council on Animal Care code or standard |
100 |
250 |
500 |
11(2) |
Non-compliance with requirements in Manual (circus) |
100 |
250 |
500 |
11(3) |
Failure of circus owner or operator to provide written record |
100 |
250 |
500 |
12(2) |
Non-compliance with requirements in Guidelines (pet retail store) |
100 |
250 |
500 |
13(1) |
Non-compliance with standards in Schedule B (dog owner) |
100 |
250 |
500 |
13(2) |
Non-compliance with standards in Schedule B (kennel) |
100 |
250 |
500 |
14(1) |
Failure to provide attention or care to sled dog (sled dog owner) |
100 |
250 |
500 |
14(2) |
Failure to provide attention or care to sled dog (kennel) |
100 |
250 |
500 |
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Schedule E
Animal Reportable Diseases Regulations
Penalties
Schedule F
Fur Farming Regulations
Penalties
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5 |
Failure to maintain fur farm or captive fur bearing animal as required |
100 |
250 |
500 |
6 |
Failure to construct or maintain a protective barrier as required |
100 |
250 |
500 |
7 |
Failure to remove snow immediately inside and outside a protective barrier |
100 |
250 |
500 |
8 |
Failure to report escape of captive fur bearing animal |
100 |
250 |
500 |
9 |
Failure to recapture captive fur bearing animal as required |
100 |
250 |
500 |
9(4) |
Failure to destroy or dispose of recaptured captive fur bearing animal as required |
100 |
250 |
500 |
13 |
Releasing or permitting the escape of, or attempting to release or permit the escape of, a captive fur bearing animal |
100 |
250 |
500 |
14(1) |
Operation of fur farm without permission while licence is suspended |
100 |
250 |
500 |
14(2) |
Failure to adhere to requirements while licence is suspended |
100 |
250 |
500 |
15(1) |
Operation of fur farm without permission while licence is cancelled |
100 |
250 |
500 |
15(2) |
Failure to adhere to requirements while licence is cancelled |
100 |
250 |
500 |
17 |
Failure to permit inspection of fur farm |
100 |
250 |
500 |
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Schedule G
Newfoundland
Pony Regulations
Penalties
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3 |
Disposal of record filed with Registry of Newfoundland Ponies |
50 |
100 |
250 |
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34/12 Sch
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