BILL NO. 84

(as passed)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011



Government Bill



Animal Protection Act
(amended)

CHAPTER 50 OF THE ACTS OF 2011



The Honourable John MacDonell
Minister of Agriculture



First Reading: November 8, 2011 (LINK TO BILL AS INTRODUCED)

Second Reading: November 14, 2011

Third Reading: November 28, 2011

Royal Assent: December 15, 2011

An Act to Amend Chapter 33
of the Acts of 2008,
the Animal Protection Act

Be it enacted by the Governor and Assembly as follows:

1 Subsection 2(2) of Chapter 33

of the Acts of 2008, the Animal Protection Act, is amended by

(a) striking out "or" at the end of clause (a);

(b) striking out the period at the end of clause (b) and substituting a semicolon; and

(c) adding immediately after clause (b) the following clauses:

(c) deprived of adequate ventilation, space, veterinary care or medical treatment; or

(d) abused.

2 Section 13 of Chapter 33 is amended by adding "or another inspector appointed pursuant to subsection 11(1)" immediately after "Inspector" in the first line.

3 Section 15A of Chapter 33 is repealed.

4 Chapter 33 is further amended by renumbering Section 18A as Section 18AA and adding immediately before that Section the following Section:

18A (1) For the purpose of enforcing this Act and the regulations, an inspector or peace officer may at all reasonable times, subject to the regulations, inspect any premises, other than a private dwelling house, in which animals are kept for

(a) slaughter;

(b) food production;

(c) sale;

(d) hire;

(e) exhibition;

(f) sport;

(g) transportation;

(h) boarding;

(i) breeding;

(j) training;

(k) research activities; or

(l) any activity prescribed by the Governor in Council.

(2) Where an inspector or peace officer is of the opinion that an offence pursuant to this Act is being committed with regard to research animals, the inspector or peace officer shall

(a) consult, or be accompanied by, the chair of the animal-care committee associated with that research; or

(b) consult with standards-setting agencies prescribed by the regulations or, where the facility in which the research animals are kept is part of the Canadian Council on Animal Care audit program, the Canadian Council on Animal Care,

before taking any further action.

5 Section 18A of Chapter 33, as enacted by Chapter 45 of the Acts of 2010 and renumbered as Section 18AA by this Act, is amended by adding "or peace officer" immediately after "inspector" wherever it appears in that Section.

6 Subsection 18B(2) is amended by adding "or peace officer" immediately after "inspector" wherever it appears in that subsection.

7 Subsection 18C(1) is amended by adding "or peace officer" after "inspector" in the first line.

8 Subsection 21(6) is repealed.

9 Chapter 33 is further amended by adding immediately after Section 22 the following Section:

10 (1) Subsection 23(1) of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" wherever it appears in that subsection.

(2) Subsection 23(2) of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" in the first line.

(3) Subsection 23(3) is amended by adding ", the peace officer" immediately after "inspector" in the second line.

(4) Subsection 23(4) is amended by adding "or peace officer" immediately after "inspector" wherever it appears in that subsection.

(5) Subsection 23(5) of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" in the first line.

(6) Subsection 23(6) of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" in the second line.

(7) Subsection 23(7) of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" in the first and in the second lines.

(8) Subsection 23(8) of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" in the first and in the second lines.

(9) Subsection 23(9) of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" wherever it appears in that subsection.

(10) Subsection 23(10) of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" wherever it appears in that subsection.

11 Section 24 of Chapter 33 is amended by adding "or peace officer" immediately after "inspector" wherever it appears in that Section.

12 (1) Subsection 25(2)

of Chapter 33 is repealed.

(2) Subsection 25(4) of Chapter 33 is amended by adding "or the Minister" immediately after "Society" in the second line.

(3) Subsection 25(4) of Chapter 33 is further amended by adding "or the Minister, as the case may be," after "Society" in the third line.

(4) Subsection 25(5) of Chapter 33 is amended by adding "or a veterinarian acting under the direction of a peace officer" immediately after "officer" in the second line.

13 Section 26 of Chapter 33 is repealed and the following Section substituted:

14 (1) Subsection 27(1) of Chapter 33 is amended by striking out "subsection 26(3)" in the first line and substituting "subsections 26(4), (5) and (6)".

(2) Subsection 27(2) of Chapter 33 is repealed.

(3) Subsection 27(3) of Chapter 33 is amended by

(a) adding "or the Minister" immediately after "Society" in the first line;

(b) adding "Section 26 or" immediately after "by" in the second line;

(c) adding "or the Minister, as the case may be," immediately after "Society" in the second line; and

(d) adding "or the Minister" immediately after "Society" in the third line.

15 Chapter 33 is further amended by adding immediately after Section 27 the following Section:

16 Section 28 of Chapter 33 is repealed.

17 (1) Subsection 30(1) of Chapter 33 is amended by adding "or, where the animal already is in the custody of the Society or the Minister, that the Society or the Minister not return the animal to such a person" immediately after "Minister" in the third and fourth lines.

(2) Subsection 30(2) of Chapter 33 is amended by

(a) adding "or retained in" immediately after "into" in the second line; and

(b) adding "or the owner of the animal" immediately after "Minister" in the fifth line.

18 Section 30A of Chapter 33 is repealed and the following Section substituted:

19 Section 32A of Chapter 33, as enacted by Chapter 45 of the Acts of 2010, is amended by striking out "cause to be permanently adopted" in the first and second lines and substituting "give away".

20 Subsection 33(2) of Chapter 33, as amended by Chapter 45 of the Acts of 2010, is further amended by striking out "adopted by another person" in the last line and substituting "given away".

21 Section 33A of Chapter 33, as enacted by Chapter 45 of the Acts of 2010, is amended by striking out "(1)" in the third line and substituting "(2)".

22 (1) Section 35 of Chapter 33 is amended by adding immediately after subsection (1) the following subsection:

23 Section 9 of Chapter 430 of the Revised Statutes of Nova Scotia, the Small Claims Court Act, as amended by Chapter 16 of the Acts of 1992, Chapter 8 of the Acts of 1999 (2nd Session), Chapter 10 of the Acts of 2002 and Chapter 58 of the Acts of 2005, is further amended by adding immediately after clause (b) the following clause:


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