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3rd Session, 37th Parliament,
52-53 Elizabeth II, 2004
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House of Commons of Canada
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BILL C-22
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An Act to amend the Criminal Code (cruelty
to animals)
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| Short title
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1. This Act may be cited as An Act to amend
the Criminal Code (cruelty to animals).
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| R.S., c. C-46
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2. The Act is amended by adding the
following after section 182:
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| Definition of
``animal''
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182.1 In this Part, ``animal'' means a
vertebrate, other than a human being.
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| Killing or
harming
animals
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182.2 (1) Every one commits an offence
who, wilfully or recklessly,
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(a) causes or, being the owner, permits to be
caused unnecessary pain, suffering or injury
to an animal;
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(b) kills an animal or, being the owner,
permits an animal to be killed, brutally or
viciously, regardless of whether the animal
dies immediately;
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(c) kills an animal without lawful excuse;
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(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;
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(e) in any manner encourages, promotes,
arranges, assists at or receives money for
the fighting or baiting of animals, including
training an animal to fight another animal;
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(f) builds, makes, maintains, keeps or
allows to be built, made, maintained or kept
a cockpit or any other arena for the fighting
of animals on premises that he or she owns
or occupies;
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(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
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(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).
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| Punishment
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(2) Every one who commits an offence
under subsection (1) is guilty of
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(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.
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| Failing to
provide
adequate care
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182.3 (1) Every one commits an offence
who
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(a) negligently causes unnecessary pain,
suffering or injury to an animal;
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(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
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(c) negligently injures an animal while it is
being conveyed.
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| Definition of
``negligently''
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(2) For the purposes of subsection (1),
``negligently'' means departing markedly
from the standard of care that a reasonable
person would use.
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| Punishment
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(3) Every one who commits an offence
under subsection (1) is guilty of
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(a) an indictable offence and liable to
imprisonment for a term of not more than
two years; or
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(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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| Order of
prohibition or
restitution
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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),
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(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
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(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.
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| Breach of
order
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(2) Every one who contravenes an order
made under paragraph (1)(a) is guilty of an
offence punishable on summary conviction.
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| Application
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(3) Sections 740 to 741.2 apply, with any
modifications that the circumstances require,
to orders made under paragraph (1)(b).
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| Common law
defences
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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.
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| Definition of
``law
enforcement
animal''
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182.6 (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.
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| Poisoning,
injuring or
killing law
enforcement
animal
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(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.
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| Punishment
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(3) Every one who commits an offence
under subsection (2) is guilty of
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(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 of not more
than ten thousand dollars or to
imprisonment for a term of not more than
eighteen months, or to both.
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| Order of
restitution
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(4) The court may, in addition to any other
sentence that it may impose under subsection
(3), order the accused to pay all reasonable
costs associated with the loss of or injury to the
law enforcement animal as a result of the
commission of the offence if the costs are
readily ascertainable.
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| R.S., c. 27 (1st
Supp.), s. 38
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3. Paragraph 264.1(1)(c) of the Act is
replaced by the following:
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(c) to kill, poison or injure an animal that is
the property of any person.
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4. The heading before section 444 and
sections 444 to 447 of the Act are repealed.
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| Coming into
force
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5. The provisions of this Act and the
provisions of any Act as enacted by this Act,
come into force on a day or days to be fixed
by order of the Governor in Council.
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