Bill C-610
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2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-610
An Act to amend the Criminal Code (cruelty to animals)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1. The portion of subsection 445.1(1) of the Criminal Code before paragraph (e) is replaced by the following:
Causing unnecessary suffering
445.1 (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 or a bird;
(a.1) kills an animal or a bird or, being the owner, permits an animal or a bird to be killed, brutally or viciously, regardless of whether the animal or bird dies immediately;
(a.2) kills an animal or a bird without lawful excuse;
(b) in any manner encourages, promotes, arranges, assists at or receives money for the fighting or baiting of animals or birds, including training an animal or a bird to fight another animal or bird;
(c) 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, permits a poisonous or an injurious drug or substance to be administered to it;
(c.1) without lawful excuse places poison in such a position that it may easily be consumed by an animal or a bird;
(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 animals or birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
2. The Act is amended by adding the following after section 445.1:
Failing to provide adequate care
445.2 (1) Every one commits an offence who
(a) negligently causes unnecessary pain, suffering or injury to an animal or a bird;
(b) being the owner, or the person having the custody or control of an animal or a bird, wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter and care for it; or
(c) negligently injures an animal or a bird 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 to imprisonment for a term of not more than six months or to both.
3. Subsection 447(1) of the Act is replaced by the following:
Keeping pit
447. (1) Every one commits an offence who builds, makes, maintains or keeps a cockpit or any other pit or arena for the fighting of animals or birds on premises that he or she owns or occupies, or who allows such a structure to be built, made, maintained or kept on those premises.
4. The portion of subsection 447.1(1) of the Act before paragraph (a) is replaced by the following:
Order of prohibition or restitution
447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 445.2(3), 446(2) or 447(2),
5. The Act is amended by adding the following after section 447.1:
Aboriginal rights
447.2 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.
COMING INTO FORCE
Coming into force
6. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons