Bill C-592: An Act to amend the Criminal Code (cruelty to animals)

C-592 Second Session, Forty-first Parliament, 62-63 Elizabeth II, 2013-2014 HOUSE OF COMMONS OF CANADA BILL C-592 An Act to amend the Criminal Code (cruelty to animals) first reading, April 9, 2014 Ms. Morin (Notre-Dame-de-Grâce—Lachine) 412155 SUMMARY This enactment amends the Criminal Code to extend the application of offences involving cruelty to animals. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63 Elizabeth II, 2013-2014 house of commons of canada BILL C-592 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 Interpretation Definitions 182.1 In this Part, “animal”« animal » “animal” means all vertebrates, other than human beings, and any invertebrate with a central nervous system. “law enforcement animal”« animal d'assistance policière » “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. Offences 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 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 any one to do any of those things; (e) in any manner encourages, promotes, arranges, assists in or receives money for the fighting or baiting of animals, including training an animal to fight another animal; (f) makes, maintains or keeps a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies, or who allows such a structure to be made, maintained or kept on those premises; (g) possesses equipment ordinarily used for the breeding, raising or training of animals for the purpose of having an animal used for baiting or for fighting another animal; (h) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or other 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 (i) 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 (h). Clarification (2) For greater certainty, subsection (1) does not apply to the following activities: (a) pest control; (b) rodeo events; (c) traditional or sport hunting or fishing; and (d) livestock raising or slaughter in an agricultural context. 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 five years; or (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to 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) 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. Exception (2) Despite subsection (1), it is not an offence to cause injury to an animal that is being conveyed as part of a group in accordance with the standards of the Canadian agri-food industry. Definition of “negligently” (3) For the purposes of subsection (1), “negligently” means everyone who (a) in doing anything, or (b) in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of animals. Punishment (4) 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. Aggravating circumstances— offence against a law enforcement animal 182.4 Without limiting the generality of section 718.2, if a court imposes a sentence for an offence committed under subsection 182.2(1) or 182.3(1) against a law enforcement animal that is being used by a peace officer or public officer engaged in the execution of their duties at the time of the commission of the offence, those circumstances shall be deemed to be aggravating circumstances relating to the offence that the court shall consider under paragraph 718.2(a). Order of prohibition or restitution 182.5 (1) The court may, in addition to any other sentence that it may impose under subsection 182.2(3) or 182.3(4), (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 or subsequent offence under either of those subsections, for a minimum of five years; 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. 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). Colour of right 182.6 No person shall be convicted of an offence under this Part where the person proves that he or she acted with legal justification or excuse and with colour of right. Aboriginal rights 182.7 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. 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 444 where the person proves that he or she acted with legal justification or excuse and with colour of right. 3. Sections 445 to 447.1 of the Act are repealed. Published under authority of the Speaker of the House of Commons