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“Point in Time” Act Content

PREVENTION OF CRUELTY TO ANIMALS ACT

[RSBC 1996] CHAPTER 372

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
1March 31, 2008
 September 15, 2010
 June 2, 2011
 June 2, 2011
 June 2, 2011
 November 28, 2013
6May 14, 2012
 May 14, 2012
 May 14, 2012
6.1May 14, 2012
9March 31, 2008
10.1March 31, 2008
Part 2.1June 2, 2011
11March 31, 2008
12May 14, 2015
13March 31, 2008
 March 31, 2008
 March 31, 2008
 March 31, 2008
15.1June 2, 2011
15.2June 2, 2011
17March 31, 2008
17 and 18March 20, 2013
19March 31, 2008
 March 20, 2013
19.1March 31, 2008
20March 31, 2008
 March 20, 2013
 March 20, 2013
Part 3.1March 20, 2013
20.41December 18, 2015
20.5December 18, 2015
22March 20, 2013
22.1June 2, 2011
23March 31, 2008
 June 2, 2011
23.1June 2, 2011
23.2June 2, 2011
23.3June 2, 2011
24June 2, 2011
 June 2, 2011
 June 2, 2011
24.01June 2, 2011
24.02June 2, 2011
 March 16, 2017
24.1March 31, 2008
 March 31, 2008
 June 2, 2011
25.1March 31, 2008
25.2June 2, 2011
 May 14, 2015
26June 2, 2011
 June 2, 2011
 March 20, 2013

  Section 1(2)(a) BEFORE amended by 2008-7-1, effective March 31, 2008 (Royal Assent).

(a) deprived of adequate food, water or shelter,

  Section 1(1) definition of "registered veterinarian" BEFORE amended by 2010-15-98, effective September 15, 2010 (BC Reg 205/2010).

"registered veterinarian" means a veterinarian registered under the Veterinarians Act;

  Section 1(1) definitions "authorized agent", "operator", "person responsible for an animal" or "person responsible for the animal", "regulated activity" and "service animal" were added by 2011-7-1(a), effective June 2, 2011 (Royal Assent).

  Section 1(2)(a) BEFORE amended by 2011-7-1(b), effective June 2, 2011 (Royal Assent).

(a) deprived of adequate food, water, shelter, ventilation, space, care or veterinary treatment,

  Section 1(3) BEFORE repealed by 2011-7-1(d), effective June 2, 2011 (Royal Assent).

(3)  For the purposes of this Act, a person responsible for an animal includes a person who

(a) owns an animal, or

(b) has custody or control of an animal.

  Section 1(1) definition of "rules" BEFORE amended by BC Reg 243/2013, effective November 28, 2013.

"rules", in relation to the society, include except in section 5 the constitution, bylaws and regulations of the society;

  Section 1 (1) definition "person responsible for an animal" or "person responsible for the animal" BEFORE amended by 2012-15-1, effective May 14, 2012 (Royal Assent).

"person responsible for an animal" or "person responsible for the animal" includes a person who

(a) owns an animal,

(b) has custody or control of an animal, or

(c) is an operator in relation to an animal;

  Section 6 (2) BEFORE amended by 2012-15-2(a), effective May 14, 2012 (Royal Assent).

(2)  The Lieutenant Governor in Council may disallow a bylaw that relates to the matters described in subsection (1).

  Section 6 (4), (5) and (6) were added by 2012-15-2(b), effective May 14, 2012 (Royal Assent).

  Section 6.1 was added by 2012-15-3, effective May 14, 2012 (Royal Assent).

  Section 9(4) and (5) BEFORE amended by 2008-7-2, effective March 31, 2008 (Royal Assent).

(4)  Within 14 days after the annual general meeting, the society must file with the Registrar of Companies

(a) in respect of the society and each of its branches, audited financial statements, each in the form of a balance sheet containing general particulars of assets and liabilities, and a statement of income and expenditure, and

(b) lists of directors of the society and of each branch, stating their addresses and occupations and the date of appointment or election of each director.

(5)  In addition to the filings required under subsection (4) (b), on request by the Registrar of Companies, the society must furnish the registrar with particulars of directors of the society and of its branches.

  Section 10.1 was enacted by 2008-7-3, effective March 31, 2008 (Royal Assent).

  Part 2.1, sections 9.1, 9.2 and 9.3 was enacted by 2011-7-2, effective June 2, 2011 (Royal Assent).

  Section 11 (part) BEFORE amended by 2008-7-4, effective March 31, 2008 (Royal Assent).

the authorized agent may, in accordance with sections 13 and 14, take any action that the authorized agent considers necessary to relieve the animal's distress, including, without limitation, taking custody of the animal and arranging for food, water, shelter and veterinary treatment for it.

  Section 12(2) BEFORE amended by 2015-23-15, effective May 14, 2015 (Royal Assent).

(2) If, in the opinion of

(a) a registered veterinarian, or

(b) an authorized agent, if a registered veterinarian is not readily available,

an animal is in critical distress, the authorized agent may destroy the animal or have the animal destroyed.

  Section 13(1)(d) BEFORE amended by 2008-7-5(a) and (b), effective March 31, 2008 (Royal Assent).

(d) searching for any thing that will afford evidence of an offence under section 24.

  Section 13(2)(b) BEFORE amended by 2008-7-5(a) and (b), effective March 31, 2008 (Royal Assent).

(b) under paragraph (1) (b), may issue a warrant in the prescribed form authorizing an authorized agent to enter the premises, vehicle, aircraft or vessel for the purpose of searching for the thing that will afford evidence of an offence under section 24.

  Section 13(2.1) was added by 2008-7-5(c), effective March 31, 2008 (Royal Assent).

  Section 13(3) and (4) BEFORE amended by 2008-7-5(d) and (e), effective March 31, 2008 (Royal Assent).

(3)  A justice may issue a warrant under subsection (2) for either or both of the purposes referred to in that subsection.

(4)  A warrant issued under subsection (2) is subject to the conditions specified in the warrant.

  Section 15.1 was enacted by 2011-7-3, effective June 2, 2011 (Royal Assent).

  Section 15.2 was enacted by 2011-7-3, effective June 2, 2011 (Royal Assent).

  Section 17 BEFORE amended by 2008-7-6, effective March 31, 2008 (Royal Assent).

18  If an animal is removed from the custody of its owner under section 11 and taken into the custody of the society, the society may destroy, sell or otherwise dispose of the animal 14 days after the society has given notice to the owner in accordance with section 19.

  Sections 17 and 18 BEFORE re-enacted by 2012-15-4, effective March 20, 2013 (BC Reg 129/2013).

 Disposition of abandoned animals taken into custody

17  If an animal is taken into custody under section 10.1 and

(a) the owner is unknown, the society may destroy, sell or otherwise dispose of the animal after the society has held the animal for a period of at least 4 days, or

(b) the owner is known, the society may destroy, sell or otherwise dispose of the animal 4 days after the society has given notice to the owner in accordance with section 19.

 Disposition of animals removed from custody of owner

18  If an animal is removed from the custody of its owner under section 11 and taken into the custody of the society, the society may destroy, sell or otherwise dispose of the animal 14 days after the society has given notice to the owner in accordance with section 19.

  Section 19(b) BEFORE amended by 2008-7-7, effective March 31, 2008 (Royal Assent).

(b) if it cannot be mailed to or served personally on the owner, published at least 3 times at 2 day intervals in a newspaper circulating in the area in which the animal was taken into custody.

  Section 19(a) and (b) BEFORE amended by 2012-15-5, effective March 20, 2013 (BC Reg 129/2013).

(a) mailed to or served personally on the owner, or

(b) if it cannot be mailed to or served personally on the owner,

(i)  published at least 3 times at 2 day intervals in a newspaper circulating in the area in which the animal was taken into custody, or

(ii)  posted in a conspicuous place at either the owner's last known address or the location at which the animal was taken into custody.

  Section 19.1 was enacted by 2008-7-8, effective March 31, 2008 (Royal Assent).

  Section 20(1) BEFORE amended by 2008-7-9, effective March 31, 2008 (Royal Assent).

(1)  The owner of an animal taken into custody under section 11 is liable to the society for the costs incurred by the society under this Act with respect to the animal.

  Section 20(1) and (2) BEFORE amended by 2012-15-6(a) and (b), effective March 20, 2013 (BC Reg 129/2013).

(1)  The owner of an animal taken into custody or destroyed under this Act is liable to the society for the costs incurred by the society under this Act with respect to the animal.

(2)  The society may require the owner to pay the costs for which he or she is liable under subsection (1) before returning the animal.

  Section 20(5) was added by 2012-15-6(c), effective March 20, 2013 (BC Reg 129/2013).

  Part 3.1, sections 20.1 to 20.6 were enacted by 2012-15-7, effective March 20, 2013 (BC Reg 129/2013).

  Section 20.41 was enacted by 2015-10-150, effective December 18, 2015 (BC Reg 240/2015).

  Section 20.5(1) BEFORE repealed by 2015-10-151, effective December 18, 2015 (BC Reg 240/2015).

(1) For the purposes of an appeal under this Act,

(a) sections 11 to 20, 22, 26, 31, 32, 34 (3) and (4), 35 to 42, 47, 49 to 56 and 60 of the Administrative Tribunals Act apply to the board, and

(b) despite section 3.1 of the Natural Products Marketing (BC) Act,

(i) section 46.2 of the Administrative Tribunals Act does not apply to the board, and

(ii) section 46.3 of the Administrative Tribunals Act applies to the board.

  Section 22 BEFORE re-enacted by 2012-15-8, effective March 20, 2013 (BC Reg 129/2013).

 Police powers

22  In a part of British Columbia in which the society does not function through a branch or authorized agent, a peace officer who has jurisdiction in the part has and may exercise any of the powers of an authorized agent of the society under this Act.

  Section 22.1 was enacted by 2011-7-4, effective June 2, 2011 (Royal Assent).

  Section 23(2) BEFORE repealed by 2008-7-10, effective March 31, 2008 (Royal Assent).

(2)  A person who commits an offence under subsection (1) is liable on conviction to a fine of not more than $100 or to imprisonment for one month, or both.

  Section 23 BEFORE re-enacted by 2011-7-5, effective June 2, 2011 (Royal Assent).

 Obstruction

23  (1)  A person who wilfully or knowingly interferes with or obstructs a person in the discharge of duties or the exercise of powers under this Act commits an offence.

(2)  [Repealed 2008-7-10.]

  Section 23.1 was enacted by 2011-7-5, effective June 2, 2011 (Royal Assent).

  Section 23.2 was enacted by 2011-7-5, effective June 2, 2011 (Royal Assent).

  Section 23.3 was enacted by 2011-7-5, effective June 2, 2011 (Royal Assent).

  Section 24(1) BEFORE amended by 2011-7-6, effective June 2, 2011 (Royal Assent).

(1)  A person responsible for an animal who causes or permits the animal to be or to continue to be in distress commits an offence.

  Section 24(2) BEFORE repealed by 2011-7-6, effective June 2, 2011 (Royal Assent).

(2)  Subsection (1) does not apply if the distress results from an activity that is carried on in accordance with reasonable and generally accepted practices of animal management.

  Section 24(6) was added by 2011-7-6, effective June 2, 2011 (Royal Assent).

  Section 24.01 was enacted by 2011-7-7, effective June 2, 2011 (Royal Assent).

  Section 24.02 was enacted by 2011-7-7, effective June 2, 2011 (Royal Assent).

  Section 24.02(b) BEFORE amended by 2017-3-12, effective March 16, 2017 (Royal Assent).

(b) if the person is an operator, the distress results from an activity that is carried out in accordance with the prescribed standards of care that apply to the regulated activity in which the operator is engaged, or

  Section 24.1 was enacted by 2008-7-11, effective March 31, 2008 (Royal Assent).

  Section 24.2 was enacted by 2008-7-11, effective March 31, 2008 (Royal Assent).

  Section 24.1 BEFORE re-enacted by 2011-7-8, effective June 2, 2011 (Royal Assent).

 Penalties

24.1  (1)  A person who commits an offence under section 23 is liable on conviction to a fine of not more than $2 000 or to imprisonment for not more than 6 months, or to both.

(2)  A person who commits an offence under section 24 is liable on conviction

(a) for a first offence, to a fine of not more than $5 000 or to imprisonment for not more than 6 months, or to both, and

(b) for a second or subsequent offence, to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

  Section 25.1 was enacted by 2008-7-11, effective March 31, 2008 (Royal Assent).

  Section 25.2 was enacted by 2011-7-9, effective June 2, 2011 (Royal Assent).

  Section 25.2(1) BEFORE amended by 2015-23-16, effective May 14, 2015 (Royal Assent).

(1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a registered veterinarian because of anything done or omitted in the making of a report as required under section 22.1.

  Section 26 BEFORE amended by 2011-7-10(a), (b) and (c), effective June 2, 2011 (Royal Assent).

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) requiring the society to make bylaws with respect to the policies and operational procedures of the society for administering the enforcement provisions of this Act, and

(b) prescribing the form of an information to obtain a warrant and the form of a warrant for the purposes of section 13.

  Section 26(3) and (4) were added by 2011-7-10(d), effective June 2, 2011 (Royal Assent).

  Section 26(2)(n) and (o) were added by 2012-15-9, effective March 20, 2013 (BC Reg 129/2013).