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)

Short Title Criminal Code Fisheries Act Textile Labelling Act Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act Canada Consumer Product Safety Act 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 Mr. Erskine-Smith 421146 SUMMARY 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. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 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: Short Title Short title 1 This Act may be cited as the Modernizing Animal Protections Act. R.‍S.‍, c. C-46 Criminal Code 2 Section 160 of the Criminal Code is amended by adding the following after subsection (3): Definition of bestiality (4) For the purposes of this section, bestiality means sexual activity between a person and an animal. 3 The Act is amended by adding the following after section 182: Part V.‍1 Offences against animals Killing or harming animals 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). Punishment (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. Failing to provide adequate care 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. 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) 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. Order of prohibition or restitution 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. Breach of order (2) Everyone 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). Common law defences 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. Aboriginal rights 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. Killing or injuring certain animals 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. Punishment (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. Sentences to be served consecutively (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. Definitions (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) 4 Paragraph 264.‍1(1)‍(c) of the Act is replaced by the following: (c) to kill, poison or injure an animal that is the property of any person. 5 Section 270.‍03 of the Act is replaced by the following: 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 182.‍6(4), 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. 6 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 443 where they prove that they acted with legal justification or excuse and with colour of right. 7 The heading before section 444 and sections 444 to 447.‍1 of the Act are repealed. 8 Section 718.‍03 of the Act is replaced by the following: Objectives — offence against certain animals 718.‍03 When a court imposes a sentence for an offence under subsection 182.‍6(1), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence. R.‍S.‍, c. F-14 Fisheries Act 9 The Fisheries Act is amended by adding the following after section 31: Prohibition — shark finning 32 (1) No person shall engage in the practice of shark finning. Definition of shark finning (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. R.‍S.‍, c. T-10 Textile Labelling Act 10 The definition textile fibre in section 2 of the Textile Labelling Act is replaced by the following: 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, animal skin and animal hair and fur, whether or not it has been removed from the animal skin; (fibre textile) 11 (1) Subparagraph 6(b)‍(i) of the Act is replaced by the following: (i) subject to subparagraph (i.‍1), the generic name of each textile fibre comprising five per cent or more by mass of the total fibre mass of the article, (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; (2) The English version of subparagraph 6(b)‍(ii) of the Act is replaced by the following: (ii) subject to the regulations, the percentage by mass of the total fibre mass of the article that each textile fibre named in accordance with subparagraph (i) or (i.‍1) comprises, 1992, c. 52 Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act 12 (1) Section 6 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is amended by adding the following after subsection (1): Importation of shark fins (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. (2) Section 10 of the Act is amended by adding the following after subsection (1): Permit — importation of shark fins (1.‍1) The Minister may, on application and on such terms and conditions as the Minister thinks fit, issue a permit authorizing the importation of shark fins that are not attached to a shark carcass if the Minister is of the opinion that (a) the importation is for the purpose of scientific research relating to shark conservation that is conducted by qualified persons; and (b) the activity benefits the survival of shark species or is required to enhance their chance of survival in the wild. 2010, c. 21 Canada Consumer Product Safety Act 13 Schedule 2 to the Canada Consumer Product Safety Act is amended by adding the following in numerical order: 17   Products made in whole or in part of dog or cat fur or skin. Published under authority of the Speaker of the House of Commons