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Bill C-230

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C-230
First Session, Fortieth Parliament,
57 Elizabeth II, 2008
HOUSE OF COMMONS OF CANADA
BILL C-230
An Act to amend the Criminal Code (cruelty to animals)
first reading, November 26, 2008

NOTE

2nd Session, 40th Parliament

This bill was introduced during the First Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Holland

401137

SUMMARY
This enactment adds a new Part to the Criminal Code for animal cruelty offences and repeals the existing provisions relating to animal cruelty that are found in Part XI of the Code (Wilful and Forbidden Acts in respect of Certain Property).

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1st Session, 40th Parliament,
57 Elizabeth II, 2008
house of commons of canada
BILL C-230
An Act to amend the Criminal Code (cruelty to animals)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 182:
PART V.1
CRUELTY TO ANIMALS
Definition of “animal”
182.1 In this Part, “animal” means a vertebrate, other than a human being.
Killing or harming animals
182.2 (1) Every one commits an offence who, wilfully or recklessly,
(a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal;
(b) kills an animal without lawful excuse;
(c) in any manner encourages, promotes, arranges, assists at or receives money for the fighting or baiting of animals, including the keeping or management of premises for the purpose of animal fighting or training an animal to fight another animal;
(d) without reasonable excuse, administers a poisonous or injurious drug or substance to a domestic animal, or an animal wild by nature that is kept in captivity, or, being the owner of such an animal, permits a poisonous or injurious drug or substance to be administered to it;
(e) 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 animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot at the moment they are liberated; or
(f) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (c) or (e).
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 not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months or to both.
Failing to provide adequate care
182.3 (1) Every one commits an offence who
(a) being the owner, or the person having the custody or control of an animal, wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter and care for it; or
(b) injures an animal while it is being conveyed.
Definition of “negligently”
(2) For the purposes of subsection (1), “negligently” means departing markedly from the standard of care that a reasonable person would use.
Punishment
(3) 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 and liable to a fine not exceeding five thousand dollars or imprisonment for a term of not more than six months or to both.
Order of prohibition or restitution
182.4 (1) The court may, in addition to any other sentence that it may impose under subsection 182.2(2) or 182.3(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.
Breach of order
(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.
Application
(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).
Common law defences
182.5 For greater certainty, the defences set out in subsection 429(2) apply, to the extent that they are relevant, in respect of proceedings for an offence under this Part.
Aboriginal rights
182.6 For greater certainty, nothing in this Part shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Definition of “law enforcement animal”
182.7 (1) In this section, “law enforcement animal” means a dog, a horse or any other animal used by a peace officer or public officer in the execution of their duties.
Poisoning, injuring or killing law enforcement animal
(2) Every one commits an offence who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a peace officer or public officer engaged in the execution of their duties or a person acting in aid of such an officer.
Punishment
(3) Every one who commits an offence under subsection (2) 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 ten thousand dollars or to imprisonment for a term of not more than eighteen months, or to both.
2. Subsection 429(2) of the Act is replaced by the following:
Colour of right
(2) No person shall be convicted of an offence under sections 430 to 443 where the person proves that he or she acted with legal justification or excuse and with colour of right.
3. The heading before section 444 and sections 444 to 447.1 of the Act are repealed.
Published under authority of the Speaker of the House of Commons
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