Definition of "animal"

182.1 In this Part, "animal" means a vertebrate, other than a human being, and any other animal that has the capacity to feel pain.

Killing or harming animals

182.2 (1) Every one commits an offence who, wilfully or recklessly, (added)

(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 or receives money for the fighting or baiting of animals, including training an animal to fight another animal;

(f) builds, makes, maintains, keeps or allows to be built, made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies;

(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) 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 imprisonment for a term of not more than eighteen months.

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; (did read 'by a failure to exercise reasonable care or supervision of an animal causes it pain...') (NB. By adding unnecessary clarifies that there may be situations when the pain caused was necessary - AFAC)

(b) being the owner, or the person having the custody or control of an animal, abandons it or 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" (new)

(2) For the purposes of paragraphs (1)(a) and (c), "negligently" means departing markedly from the standard of care that a reasonable person would use.

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 two years; or

(b) an offence punishable on summary conviction.

Order of prohibition or restitution

182.4 (1) The court may, in addition to any other sentence that it may impose under subsection 182.2(2) or 182.3(3),

(a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and

(b) on application of the Attorney General or on its own motion, order that the accused 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.