First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

BILL C-246 An Act to amend the Criminal Code, the Fisheries Act, the Textile Labelling Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and the Canada Consumer Product Safety Act (animal protection)

FIRST READING, February 26, 2016

This enactment amends the Criminal Code to consolidate and modernize various offences against animals.

The enactment amends the Fisheries Act to prohibit the practice of shark finning and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to prohibit the importation of shark fins that are not attached to the rest of the shark carcass.

It also amends the Textile Labelling Act to modify requirements in respect of animal hair and fur and cat and dog skin, hair and fur.

It also amends the Canada Consumer Product Safety Act to add products made in whole or in part of dog or cat fur or skin to Schedule 2 to that Act to prohibit those products from being imported into Canada or manufactured, advertised or sold in Canada.

1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

BILL C-246

An Act to amend the Criminal Code, the Fisheries Act, the Textile Labelling Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and the Canada Consumer Product Safety Act (animal protection)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Definition of bestiality

Start of inserted block

(4) For the purposes of this section, bestiality means sexual activity between a person and an animal.

End of inserted block

Start of inserted block

Part V.‍1 

Offences against animals

End of inserted block

Killing or harming animals

Start of inserted block

182.‍1 (1) Everyone 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 or, being the owner, permits an animal to be killed, brutally or viciously, regardless of whether the animal dies immediately;

• (c) kills an animal without lawful excuse;

• (d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things;

• (e) in any manner encourages, promotes, arranges, assists at, takes part in or receives money for the fighting or baiting of animals, including breeding, training or transporting an animal to fight another animal;

• (f) makes, maintains, keeps or allows to be made, maintained or kept a cockpit or any other arena for the fighting of animals;

• (g) 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

• (h) 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 (e) or (g).

  End of inserted block

Punishment

Start of inserted block

(2) Everyone 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 $10,000 or imprisonment for a term of not more than 18 months or to both.

  End of inserted block

Failing to provide adequate care

Start of inserted block

182.‍2 (1) Everyone commits an offence who

• (a) negligently causes unnecessary pain, suffering or injury to an animal;

• (b) 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

• (c) negligently injures an animal while it is being conveyed.

  End of inserted block

Definition of negligently

Start of inserted block

(2) For the purposes of subsection (1), negligently means departing markedly from the standard of care that a reasonable person would use.

End of inserted block

Punishment

Start of inserted block

(3) Everyone 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 $5,000 or imprisonment for a term of not more than six months or to both.

  End of inserted block

Order of prohibition or restitution

Start of inserted block

182.‍3 (1) The court may, in addition to any other sentence that it may impose under subsection 182.‍1(2) or 182.‍2(3),

• (a) make an order prohibiting the offender from owning, having the custody or control of or residing in the same premises as an animal for any period that the court considers appropriate, and in the case of a second offence, for life; and

• (b) on application of the Attorney General or on its own motion, order that the offender 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.

  End of inserted block

Breach of order

Start of inserted block

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

End of inserted block

Application

Start of inserted block

(3) Sections 740 to 741.‍2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)‍(b).

End of inserted block

Common law defences

Start of inserted block

182.‍4 For greater certainty, subsection 8(3) and 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.

End of inserted block

Aboriginal rights

Start of inserted block

182.‍5 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.

End of inserted block

Killing or injuring certain animals

Start of inserted block

182.‍6 (1) Everyone commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.

End of inserted block

Punishment

Start of inserted block

(2) Everyone 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 and, if a law enforcement animal is killed in the commission of the offence, to a minimum punishment of imprisonment for a term of six months; 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 18 months or to both.

  End of inserted block

Sentences to be served consecutively

Start of inserted block

(3) A sentence imposed on a person for an offence under subsection (1) committed against a law enforcement animal shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

End of inserted block

Definitions

Start of inserted block

(4) The following definitions apply in this section.

law enforcement animal means a dog or horse that is trained to aid a law enforcement officer in carrying out that officer’s duties. (animal d’assistance policière)

law enforcement officer means a police officer, a police constable or any person referred to in paragraph (b), (c.‍1), (d), (d.‍1), (e) or (g) of the definition peace officer in section 2. (agent de contrôle d’application de la loi)

military animal means an animal that is trained to aid a member of the Canadian Forces in carrying out that member’s duties. (animal d’assistance militaire)

service animal means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal institution to assist a person with a disability. (animal d’assistance)

End of inserted block

• (c) to kill, poison or injure an animal that is the property of any person.

Sentences to be served consecutively

270.‍03 A sentence imposed on a person for an offence under subsection 270(1) or 270.‍01(1) or section 270.‍02 committed against a law enforcement officer, as defined in subsection Insertion start 182.‍6(4) Insertion end , shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

Colour of right

(2) No person shall be convicted of an offence under sections 430 to Insertion start 443 Insertion end where Insertion start they Insertion end prove that Insertion start they Insertion end acted with legal justification or excuse and with colour of right.

Objectives — offence against certain animals

718.‍03 When a court imposes a sentence for an offence under subsection Insertion start 182.‍6(1) Insertion end , the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Prohibition — shark finning

Start of inserted block

32 (1) No person shall engage in the practice of shark finning.

End of inserted block

Definition of shark finning

Start of inserted block

(2) In this section, shark finning means the practice of removing a fin from a shark and discarding the remainder of the shark while at sea.

End of inserted block

textile fibre means any natural or manufactured matter that is capable of being made into a yarn or fabric and, without limiting the generality of the foregoing, includes human hair, kapok, feathers and down Insertion start , animal skin Insertion end and animal hair Insertion start and Insertion end fur Insertion start , whether or not it Insertion end has been removed from the animal skin; (fibre textile)

• (i)  Insertion start subject to subparagraph (i.‍1), Insertion end the generic name of each textile fibre comprising five per cent or more by mass of the total fibre mass of the article,

• Start of inserted block

  (i.‍1) the generic name of cat and dog skin, or cat and dog hair or fur not removed from the skin, comprising any amount of the total fibre mass of the article;

  End of inserted block

• (ii) subject to the regulations, Insertion start the Insertion end percentage by mass of the total fibre mass of the article Insertion start that Insertion end each textile fibre named Insertion start in accordance with Insertion end subparagraph (i) Insertion start or (i.‍1) Insertion end comprises,

Importation of shark fins

Start of inserted block

(1.‍1) No person shall, except under and in accordance with a permit issued pursuant to subsection 10(1.‍1), import, or attempt to import, into Canada shark fins that are not attached to a shark carcass.

End of inserted block

(2) Section 10 of the Act is amended by adding the following after subsection (1):

Start of inserted block End of inserted block