Animal Protection Act Amendments Clarify Powers, Duties

Animals and animal owners will be better protected through amendments to legislation introduced today, Nov. 25, by Agriculture Minister John MacDonell.

Changes in the Animal Protection Act will clarify the powers and duties of inspectors and the custody, ownership and disposition of seized animals.

"These changes are about acting in the best interest of the animal," said Agriculture Minister John MacDonell. "At the end of the day, we want to ensure the owner has the tools and information they need to properly care for their animals."

Specific amendments include:

• confirming that tests, taking samples, seizing carcasses, requiring records be produced, and taking photographs or other recordings can be conducted in the course of an investigation.
• giving inspectors clear authority to give directions and requiring an individual to comply with those directions.
• the Department of Agriculture taking ownership of farm animals deemed abandoned if the actual owner does not claim the animal within a specified period of time
• permitting the Animal Cruelty Appeal Board to order the department or SPCA to arrange for adoption or euthanasia of a seized animal.

The board, with members appointed by Governor in Council, will set up panels to hear appeals from those aggrieved by the seizure of their animal. Until the board is in place, an amendment will require the Department of Agriculture will maintain custody of a seized farm animal until a decision has been made on a judicial review, if the owner has filed for one.

This will ensure fair treatment of animal owners while limiting the cost of maintaining seized animals. It also ensure clear title will be given to new owners when seized animals are adopted.

"We are eagerly awaiting the appeal board," said Mr. MacDonell. "Until that time, we now have clearer guidelines that protect both the animals and animal owners."

Leighann Hartnett, provincial inspector under the Animal Protection Act, said she is pleased with the changes.

"They will help us better manage investigations and, in the long run, ensure animals at risk receive the best possible response."

The Animal Protection Act was proclaimed Jan. 19. Supporting regulations and selecting members is still needed to establish the Animal Cruelty Appeal Board. Both are expected to be in place by spring.