| 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. Sections 444 to 447 of the Criminal Code are
replaced by the following: |
| Injuring or endangering cattle |
444. (1) Every one commits an offence who
wilfully
(a) kills, maims, wounds, poisons or injures cattle; or
(b) places poison in such a position that it may easily be consumed by
cattle.
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| 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.
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| Injuring or endangering other animals |
445. (1) Every one commits an offence who,
wilfully and without lawful excuse,
(a) kills, maims, wounds, poisons or injures dogs, birds or animals that are
not cattle and are kept for a lawful purpose; or
(b) places poison in such a position that it may easily be consumed by dogs,
birds or animals that are not cattle and are kept for a lawful purpose.
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| 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.
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|
Cruelty to Animals |
| Causing unnecessary suffering |
445.1 (1) Every one commits an offence who
(a) wilfully causes or, being the owner, wilfully permits to be caused
unnecessary pain, suffering or injury to an animal or a bird;
(b) in any manner encourages, aids or assists at the fighting or baiting of
animals or birds;
(c) wilfully, 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, wilfully permits a poisonous or an injurious drug or
substance to be administered to it;
(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 birds are liberated by hand,
trap, contrivance or any other means for the purpose of being shot when they
are liberated; or
(e) being the owner, occupier or person in charge of any premises, permits
the premises or any part thereof to be used for a purpose mentioned in
paragraph (d).
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| 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
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(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.
|
| Failure to exercise reasonable care as evidence |
(3) For the purposes of proceedings under
paragraph (1)(a), evidence that a person failed to exercise reasonable care
or supervision of an animal or a bird thereby causing it pain, suffering or
injury is, in the absence of any evidence to the contrary, proof that the
pain, suffering or injury was caused or was permitted to be caused wilfully,
as the case may be. |
| Presence at baiting as evidence |
(4) For the purpose of proceedings under
paragraph (1)(b), evidence that an accused was present at the fighting or
baiting of animals or birds is, in the absence of any evidence to the
contrary, proof that he or she encouraged, aided or assisted at the fighting
or baiting. |
| Causing damage or injury |
446. (1) Every one commits an offence who
(a) by wilful neglect causes damage or injury to animals or birds while they
are being driven or conveyed; or
(b) being the owner or the person having the custody or control of a
domestic animal or a bird or an animal or a bird wild by nature that is in
captivity, abandons it in distress or wilfully neglects or fails to provide
suitable and adequate food, water, shelter and care for it.
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| 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 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.
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| Failure to exercise reasonable care as evidence |
(3) For the purposes of proceedings under
paragraph (1)(a), evidence that a person failed to exercise reasonable care
or supervision of an animal or a bird thereby causing it damage or injury
is, in the absence of any evidence to the contrary, proof that the damage or
injury was caused by wilful neglect. |
| Keeping cockpit |
447. (1) Every one commits an offence who
builds, makes, maintains or keeps a cockpit on premises that he or she owns
or occupies, or allows a cockpit to be built, made, maintained or kept on
such premises. |
| 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.
|
| Confiscation |
(3) A peace officer who finds cocks in a
cockpit or on premises where a cockpit is located shall seize them and take
them before a justice who shall order them to be destroyed. |
| 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),
446(2) or 447(2),
(a) make an order prohibiting the accused from owning, having the custody or
control of or residing in the same premises as an animal or a bird 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 or a bird as a result of the commission of the offence the reasonable
costs that the person or organization incurred in respect of the animal or
bird, if the costs are readily ascertainable.
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| 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). |
| Coming into force |
2. The provisions of this Act come into force
on a day or days to be fixed by order of the Governor in Council. |
