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Part 1 — Interpretation and Application
1 (1) In this Act:
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"justice" means a justice as defined in the Offence Act;
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"registered veterinarian" means an individual who is authorized under the Veterinarians Act to practise veterinary medicine;
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"rules", in relation to the society, include except in section 5 the constitution, bylaws and regulations of the society;
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"society" means the society continued under section 3.
(2) For the purposes of this Act, an animal is in distress if it is
(a) deprived of adequate food, water, shelter, ventilation,
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(b) injured, sick, in pain or suffering, or
(c) abused or neglected.
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2 This Act does not apply to wildlife, as defined in the Wildlife Act, that is not in captivity.
3 The society under the name of "The British Columbia Society for the Prevention of Cruelty to Animals" is continued with perpetual succession and a corporate seal.
4 (1) In addition to those persons who immediately before April 6, 1968, were members of the society, the membership of the society consists of those persons who, in accordance with the rules of the society, are admitted to membership.
(2) The rules of the society may provide for different categories of members.
(3) The members of the society are subject to the rules and hold their membership subject to the rules.
5 (1) The society may amend or replace its constitution, bylaws, rules and regulations.
(2) Subject to subsection (1), the constitution, bylaws, rules and regulations of the society in force immediately before April 6, 1968 continue in force, and the society is governed by them.
(3) Subject to subsection (4), the power to make bylaws, rules or regulations may be delegated to any committee, branch or officer of the society.
(4) No delegation may be made under subsection (3)
(a) with respect to a matter reserved by the constitution, bylaws, rules or regulations to a meeting of the members of the society, or
(b) with respect to a bylaw relating to policies and operational procedures of the society for administering the enforcement powers of this Act.
6 (1) The society must file with the minister a copy of every bylaw made under section 5 that relates to policies and operational procedures of the society for administering the enforcement powers of this Act within 7 days after it is made.
(2) The Lieutenant Governor in Council may disallow a bylaw that relates to the matters described in subsection (1).
(3) The power of disallowance under subsection (2) applies to bylaws made both before and after the day on which this section comes into force.
7 The society may do one or more of the following:
(a) receive, take, hold, enjoy and manage all gifts, devises, bequests, legacies, subscriptions and donations of property that are made or given to it;
(b) acquire, hold, lease, sell, convey and mortgage any property necessary to carry out the work of the society;
(c) establish and operate public shelters for stray and seized animals;
(d) enter agreements with the government and with any municipality or regional district to act as pound keeper in a defined area in British Columbia.
8 (1) Subject to subsection (3), the branches of the society are continued.
(2) The society may form and establish branches in its discretion anywhere in British Columbia.
(3) Branches are subject to the control and direction of the society and may, in accordance with the rules of the society, be
(a) dissolved by the society, or
(b) suspended by the society or its executive committee.
(4) If the society establishes a branch, it must promptly send the Registrar of Companies a notice setting out the date the branch was formed, the title of the branch, the locality and powers of the branch, and the other information the registrar may require.
(5) The society must notify the registrar when a branch ceases to exist.
9 (1) The society must
(a) have an address in British Columbia to which all communications and notices may be sent and at which all process may be served, and
(b) file with the Registrar of Companies notice of every change of address within 14 days after the change is made.
(2) Every general meeting of the society must be held in British Columbia.
(3) The society must hold an annual general meeting.
(4) Within 14 days after the annual general meeting, the society must file with the Registrar of Companies
(a) an audited financial statement in the form of
(i) a balance sheet containing general particulars of assets and liabilities, and
(ii) a statement of income and expenditure, and
(b) a list of directors of the society, stating for each director his or her address and date of appointment or election.
(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.
(6) The society and each of its branches must
(a) maintain a register of members, and
(b) record in it the name and address of every person admitted as a member of the society.
(7) Failure, refusal or neglect by the society to observe or perform a duty or obligation created or imposed by this section or section 8 (4) or (5) is an offence.
(8) If the society commits an offence under subsection (7), it is liable on conviction to a penalty of not more than $100.
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Part 3 — Relieving Distress in Animals
10 (1) The society may appoint an officer or employee of the society or any other person as an authorized agent for the purposes of this Act.
(2) An authorized agent may exercise the powers of an authorized agent under this Act or any other law relating to the prevention of cruelty to animals only if he or she has been appointed as a special provincial constable under the Police Act.
10.1 (1) In this section, "abandoned animal" includes an animal that
(a) is apparently ownerless,
(b) is found straying,
(c) is found in a rental unit after expiry of the tenancy agreement in respect of the rental unit, or
(d) if a person agreed to care for the animal, is not retrieved from that person within 4 days following the end of that agreement.
(2) If an authorized agent is of the opinion that an animal is an abandoned animal, the authorized agent may take custody of the animal and arrange for food, water, shelter, care and veterinary treatment for it.
11 If an authorized agent is of the opinion that an animal is in distress and the person responsible for the animal
(a) does not promptly take steps that will relieve its distress, or
(b) cannot be found immediately and informed of the animal's distress,
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, care and veterinary treatment for it.
12 (1) In this section, "critical distress" means distress in an animal of such a nature that
(a) immediate veterinary treatment cannot prolong the animal's life, or
(b) prolonging the animal's life would result in the animal suffering unduly.
(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.
13 (1) An authorized agent who believes, on reasonable grounds,
(a) that there is an animal in distress in any premises, vehicle, aircraft or vessel, or
(b) that an offence under section 24 has been committed and that there is in any premises, vehicle, aircraft or vessel, any thing that will afford evidence of that offence,
may enter the premises, vehicle, aircraft or vessel with a warrant issued under subsection (2) for the purpose of
(c) determining whether any action authorized by this Act should be taken to relieve the animal's distress, or
(d) searching for, and seizing, any thing that will afford evidence of an offence under section 24.
(2) A justice who is satisfied by information on oath in the prescribed form that there are reasonable grounds
(a) under paragraph (1) (a), may issue a warrant in the prescribed form authorizing an authorized agent to enter the premises, vehicle, aircraft or vessel for the purpose of taking any action authorized by this Act to relieve the animal's distress, and
(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, and seizing, a thing that will afford evidence of an offence under section 24.
(2.1) If an authorized agent believes that it would be impracticable to appear personally before a justice to apply for a warrant under this section, the authorized agent may submit an information on oath by telephone or other means of telecommunication and, for this purpose, section 22 of the Offence Act applies.
(3) A justice may issue a warrant under subsection (2) or (2.1) for either or both of the purposes referred to in subsection (2).
(4) A warrant issued under subsection (2) or (2.1) is subject to the conditions specified in the warrant.
14 (1) In this section, "critical distress" means distress in an animal of such a nature that
(a) immediate veterinary treatment cannot prolong the animal's life,
(b) prolonging the animal's life would result in the animal suffering unduly, or
(c) immediate veterinary intervention is necessary to prevent the imminent death of the animal.
(2) An authorized agent who believes on reasonable grounds that there is an animal in critical distress in any premises, other than a dwelling house, or in any vehicle, aircraft or vessel, may enter the premises, vehicle, aircraft or vessel without a warrant for the purpose of taking any action authorized by this Act to relieve that critical distress.
15 An authorized agent may, without a warrant, during ordinary business hours enter any premises, other than a dwelling house, where animals are kept for sale, hire or exhibition for the purpose of determining whether any animal is in distress in the premises.
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16 An authorized agent exercising a power under section 13, 14 or 15 must, on demand, produce his or her certificate of appointment to the owner or occupant of any premises, vehicle, aircraft or vessel entered under those sections.
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.
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.
19 The notice referred to in sections 17 (b) and 18 must be in writing and
(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.
19.1 If an animal has been sold or otherwise disposed of under section 17 or 18, all rights and interests in the animal
(a) vest in the person to whom it has been sold or otherwise disposed of, and
(b) the former owner ceases to have any of those rights and interests.
20 (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.
(3) Subject to subsection (4), the society may retain the proceeds of a sale or other disposition of an animal under section 17 or 18.
(4) If the proceeds of a sale or other disposition exceed the costs referred to in subsection (1), the owner of the animal may, within 6 months of the date the animal was taken into custody, claim the balance from the society.
21 A peace officer must assist the authorized agents of the society in enforcing this or any other law relating to the prevention of cruelty to animals.
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.
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(3) If a person is convicted of an offence under subsection (1), a justice may, in addition to any other penalty that may be imposed for the offence, prohibit the person from owning or having custody or control of an animal for a period of time specified by the justice.
(4) A justice may make an order under subsection (3) on any terms the justice considers appropriate.
(5) A person who fails to comply with an order made under subsection (3) commits an offence.
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24.2 Sections 23 to 24.2 of the Offence Act do not apply to an animal taken into custody under this Act.
25 (1) An authorized agent may apply to the Supreme Court for an order of custody of an animal in respect of which a charge has been laid under section 24.
(2) An applicant under subsection (1) may retain custody of an animal in respect of which the application is made pending the outcome of any proceedings under section 24, despite the fact that the owner of the animal
(a) has paid the costs incurred by the society for which the owner is liable under section 20, and
(b) has requested the authorized agent to return the animal.
(3) The Supreme Court may make an order under this section on any terms it considers appropriate.
25.1 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the society, an authorized agent or a member, officer, agent or employee of the society because of anything done or omitted
(a) in the performance or intended performance, by an authorized agent, of any duty under this Act, or
(b) in the exercise or intended exercise, by an authorized agent, of any power under this Act.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted in bad faith.
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26 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council
(a) requiring the society to make bylaws with respect to the policies and operational
procedures of the society for administering the enforcement provisions of
(b) prescribing the form of an information to obtain a warrant and the form of a warrant for the purposes of section 13;
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Copyright (c) Queen's Printer, Victoria, British Columbia, Canada