Furthermore, dairy cows must have housing that allows them to easily stand, lie down, turn around and keep visual contact with other cattle. The Canada Wildlife Act assigns power at a high level to the Minister and the provincial government to create protection measures for wild animals and gives the Minister the power to make regulations. Some regions put responsibility on a Minister, as in Quebec, some have SPCA officers with powers to conduct investigations and seize animals, such as British Columbia., whilst others have committees, boards and animal protection officers as is the case in Manitoba. Notably, amendments to the Criminal Code explicitly prohibit all sexual abuse of animals and strengthen the Code’s provisions dealing with organizing and keeping animals for animal fighting. It is positive that provincial governments have acknowledged, albeit to differing extents, that captive animals have particular welfare challenges and needs. Most provinces and territories have separate legislation to protect wildlife, but the primary purpose is to conserve species populations rather than protect the welfare of individuals. Bill 54, An Act to Improve the Legal Situation for Animals  effectively replaces former animal welfare provisions in the Animal Health Protection Act of Quebec and brings Quebec more in line with the other provinces of Manitoba, Ontario and British Columbia. There are enforcement mechanisms for those of the OIE’s standards that are covered by provincial legislation. Section 445.1 provides that owners of animals must not cause or allow their animal to be subjected to unnecessary suffering and that domestic animals must not be given any poisonous drug. Various provincial agriculture and food legislation contain provisions for humane treatment of farm animals. Hence, the Code of Practice developed by NFACC will not protect animals raised for fur from suffering. However, there are significant barriers to the issue of animal welfare with respect to wild animals. Moreover, the Ending of Captivity of Whales and Dolphins Act was passed in June 2019, which effectively outlaws the keeping, breeding and capture of cetaceans for public entertainment through amendments to the Criminal Code, the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. Most provincial legislation is the responsibility of a provincial minister who usually has the power to make regulations and the powers of enforcement are typically given to the Society for the Prevention of Cruelty to Animals (SPCA), which is primarily funded by public donations in many provinces. Tail-docking must not be used unless medically necessary. On 6 November 2009, the House of Commons of Canada agreed to a motion raised under Private Members’ Business ‘that, in the opinion of the House, the government should support, in principle, the development of a Universal Declaration on Animal Welfare at all relevant international organizations and forums’. There is a lack of legislation to protect the welfare of wild animals raised or trapped for fur. This excludes other farmed species such as chickens and turkeys. Various provincial agriculture and food legislation contain provisions for humane treatment of farm animals. It appears that law enforcement is dependent on members of the public reporting instances of animal cruelty. All provinces and territories have laws providing some degree of protection to companion animals and many have specific provisions pertaining to commercial breeding and retail facilities, kennels and catteries, tethering, cosmetic surgeries (e.g. They can also obtain a warrant from a judge to enter a home and seize animals. Animal protection law in Canada varies across the country. Dr. Michelle Groleau, Manager, Animal Welfare The Ontario’s SPCA CEO Kate MacDonald explained that the SPCA will shift into a support role in animal cruelty investigations, providing animal shelter, forensic evidence collection and veterinary services. These Codes outline minimum requirements for housing, security, feed, water, health, husbandry, euthanasia and transport, however, at the time of writing, only Newfoundland and Labrador have incorporated these requirements in their provincial legislation. There were over 200 mink and fox fur farms across the country, which produced over 2 million pelts. There remains a need for the Federal Government to follow Quebec’s path and adopt a nation-wide legislation recognising animals as sentient beings, especially seeing that Bill C-246 was defeated. Offences are punishable with fines and/or imprisonment. [23], A number of major international animal welfare and rights groups are active in Canada, including Mercy for Animals (MFA), People for the Ethical Treatment of Animals, Direct Action Everywhere,[24] and Humane Society International. There is a desperate need for comprehensive, coordinated laws and regulations addressing the wide range of issues and problems inherent in the trade and keeping of wild animals as pets, including animal welfare, human health and safety and threats to native wildlife and natural ecosystems. Tel: (613) 236-1162 ext. A voluntary zoo registry was set up under the former Ontario Ministry of Community Safety and Correctional Services, which is now the Solicitor General. This resulted in the Ontario government passing the Provincial Animal Services Act which creates a publicly funded and accountable animal protection enforcement system. Additionally, the Criminal Code is rarely used to prosecute industries, because it only relates to ‘unnecessary’ suffering and industry practices that cause suffering are almost always excused as necessary. [28], Recent undercover investigations of animal farms in Canada include a 2014 MFA investigation of a dairy farm in British Columbia, in which workers were filmed kicking, beating, and hanging cows;[29] a 2014 MFA investigation of a veal farm in Quebec where workers were filmed kicking, punching, and force-feeding calves, among other abuses;[30] and a 2015 MFA investigation of a Hybrid Turkeys farm in which workers were filmed kicking and throwing turkeys, crushing their spines with bolt cutters, and beating them with shovels and metal rods, leaving them to die slowly. Methods for implementing and enforcing provincial and territorial legislations vary. The Health of Animals Act 1990  is the national law that protects the welfare of animals during transport and loading. This area relies on industry to self-regulate and the CCAC standards are not proactively enforced by any legislated enforcement body. In NFACC’s 2016 Code of Practice for the Care and Handling of Hatching Eggs, Breeders, Chickens and Turkeys, physical alterations to beaks, toes, spurs, combs, and snoods must be reviewed and evaluated regularly for welfare improvements and to determine the need for these practices. [10], In 2014 Canada had 1.4 million head of dairy cattle. The Meat Inspection Act is the only other federal law that applies to the welfare of farm animals. Bare concrete without bedding is prohibited. Following the investigation Hybrid Turkeys was found guilty of animal cruelty and fined 5,600 Canadian dollars. It is positive that the Criminal Code establishes a duty of care onto animal owners and prohibits the neglect and abandonment of companion animals. Guidance for animal care and use is important to regulate the conduct of appropriate animal-based science and to protect the welfare of animals used in science. Quebec allows fines up to CA$250,000 for major cruelty offences. The Act also gives a competent minister the power to designate any person to act as an enforcement officer for the purposes of the Act, with the power to carry out inspections. The proposal was effective at mainstreaming animal welfare since greater animal welfare was recognised as ‘a benefit in itself’. It requires a license for anyone who wishes to keep animals listed in Schedule 1 (Section 5). The Species at Risk Act is furthermore highly problematic since, although COSEWIC recommends listing species, the decision is left up to the Minister. The Government of Canada is strongly encouraged to strengthen the Criminal Code’s animal cruelty provisions and to move them out of the property section of the Criminal Code, and into a separate section acknowledging them as sentient beings. However, these legislations do not specifically address the welfare of individual wild animals beyond the prohibition on cruelty in the Criminal Code. On 5 October 2016, the Bill was defeated by a wide margin during second reading in the House of Commons. If a laboratory is in compliance, inspections may occur once every five years. A lack of financial and veterinary resources has been reported to be a barrier to introduction of humane population control of stray and feral dogs, as well as education on responsible pet ownership, for example, in the Northern Territories. HOME ABOUT ANIMAL ABUSE CURRENT LEGISLATION PROBLEMS WITH LEGISLATIONS WSPS/CANADA UDAW CFAWR STRATEGIC PLANS EVENTS CONTACT. No federal laws regulate fur farms specifically, and only Newfoundland and Labrador have enacted the National Farm Animal Care Council's codes of practice for mink and fox farming.

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