HONOURABLE NORM LETNICK
MINISTER OF AGRICULTURE

BILL 7 – 2017

PREVENTION OF CRUELTY TO ANIMALS AMENDMENT ACT, 2017

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Prevention of Cruelty to Animals Act, section 1] adds definitions, consequential to the enactment of Part 2.2 of the Act by this Bill.

1 Section 1 (1) of the Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, is amended by adding the following definitions:

"designated agency" means a person or body designated by regulation to establish, administer and enforce a licensing or registration scheme in respect of a particular regulated activity;

"employee" includes a person providing services

(a) under contract to an operator, or

(b) under the direction or supervision of an operator, whether or not for a fee;

"licensing inspector" means a person appointed as a licensing inspector under section 9.98;

"licensing officer" means a person appointed as a licensing officer under section 9.98;

"reviewing officer" means a person appointed as a reviewing officer under section 9.98; .

SECTION 2: [Prevention of Cruelty to Animals Act, section 7] authorizes the society to act as a designated agency.

2 Section 7 is amended by adding the following paragraph:

(e) perform the duties and exercise the powers of a designated agency.

SECTION 3: [Prevention of Cruelty to Animals Act, section 9.2] imposes on operators the duties to keep and produce records.

3 Section 9.2 is amended by adding the following subsection:

(3) An operator must do both of the following:

(a) keep, in accordance with the regulations, prescribed records;

(b) produce records referred to in paragraph (a) on the request of, and within the time requested by,

(i) a licensing inspector, if the operator is required by regulation to be licensed or registered to engage in a regulated activity, or

(ii) an authorized agent, in any other case.

SECTION 4: [Prevention of Cruelty to Animals Act, section 9.21] imposes prohibitions and duties imposed on operators who must be licensed or registered to engage in a regulated activity.

4 The following section is added:

Operators who must be licensed or registered

9.21  (1) An operator who is required under this Act to be licensed or registered to engage in a regulated activity must not, unless licensed or registered under Part 2.2,

(a) engage in the regulated activity, or

(b) hold himself or herself out as being licensed or registered under that Part.

(2) An operator who is licensed or registered to engage in a regulated activity must do all of the following:

(a) make the operator's licence or certificate of registration available to a licensing inspector on request and within the time requested;

(b) subject to subsection (4),

(i) display the operator's licence or certificate of registration in a manner that is clearly visible to persons entering the premises where the animals for which the operator is responsible are kept,

(ii) include the operator's licence number or certificate of registration number on any advertising of animals available for disposition by the operator, and

(iii) provide the operator's licence number or certificate of registration number to any person on request;

(c) provide, as required by the regulations, information and copies of prescribed records to

(i) the public, and

(ii) a person who acquires, or offers to acquire, an animal from the operator.

(3) An operator must not charge a fee for the provision of information or records under subsection (2) (c).

(4) If an operator's licence or registration is suspended, the operator

(a) must not do a thing described in subsection (1) or (2) (b) (i) or (ii), and

(b) must not provide the operator's licence number or certificate of registration number to a person other than an employee of a designated agency.

SECTION 5: [Prevention of Cruelty to Animals Act, Part 2.2]

5 The following Part is added:

Part 2.2 – Licensing and Registration

Division 1 – Licensing and Registration

Licences

9.4  (1) If a person is required under this Act to be licensed to engage in a regulated activity, the person may apply for a licence by submitting to a licensing officer, in the form and manner required by the licensing officer,

(a) an application, and

(b) the prescribed records and fees, if any.

(2) On receiving an application for a licence, a licensing officer may do one or more of the following:

(a) request, in writing, from the applicant or from a person referred to by the applicant further information, samples, proof of a fact, records or any other thing necessary to evaluate the application;

(b) conduct an inspection and, for this purpose, Division 2 applies as if the licensing officer were a licensing inspector;

(c) refer the application for review and comment to an authorized agent, a veterinarian, a public officer, an employee of a local government or a person having special expertise;

(d) issue a temporary licence with or without terms or conditions, valid for a period of no more than 3 months;

(e) issue the licence with or without terms or conditions;

(f) reject the application, providing to the applicant, in writing, the reason for the rejection.

Variation of licences

9.5  (1) An operator who has a licence may request a variation of the licence by

(a) submitting to a licensing officer, in the form and manner required by the licensing officer,

(i) an application, and

(ii) the prescribed records and fees, if any, and

(b) providing to the licensing officer information, samples, proof of a fact, records or any other thing necessary to evaluate the application.

(2) On receiving an application, a licensing officer may do one or both of the following:

(a) exercise any of the powers set out in section 9.4 (2) (a) to (c) and (f);

(b) vary the licence.

Registrations

9.6  (1) If a person is required under this Act to be registered to engage in a regulated activity, the person may apply for registration by submitting to a licensing officer, in the form and manner required by the licensing officer,

(a) registration information, and

(b) the prescribed records and fees, if any.

(2) On receiving a registration form, a licensing officer may do one or more of the following:

(a) do anything under section 9.4 (2) (a), (b) or (c) as if the registration were an application for a licence;

(b) grant the registration by issuing a certificate of registration;

(c) refuse to grant the registration, providing to the person, in writing,

(i) the reason for the refusal, and

(ii) if applicable, notice of the terms and conditions the person would need to meet for the registration to be granted.

Licences and certificates of registration generally

9.7  (1) Without limiting any other reason for which a licence or certificate of registration may be refused, a licensing officer may refuse to issue a licence or certificate of registration to an applicant on the grounds that the applicant

(a) has been refused a licence or certificate of registration previously, or

(b) has been or is subject to

(i) an administrative action under section 9.8 of this Act or section 14 of the Animal Health Act, or

(ii) a prosecution under this Act, the Animal Health Act or any of sections 444 to 447.1 of the Criminal Code.

(2) A licence or a certificate of registration may be issued

(a) with respect to more than one premises but is valid only with respect to those premises specified on the licence or certificate of registration, and

(b) for a term no longer than that set by regulation.

(3) A licence or a certificate of registration is not transferable.

Taking administrative action

9.8  (1) In this section, "administrative action" means

(a) to suspend, cancel or vary an operator's licence, or

(b) to suspend or cancel an operator's registration.

(2) In addition to any other action that may be taken under this Act, a licensing officer may take an administrative action if an operator

(a) has contravened a provision of this Act or the regulations made under it,

(b) has contravened a term or condition of the operator's licence, or

(c) has abandoned a regulated activity.

(3) Before taking an administrative action, the licensing officer must provide to the operator

(a) a written notice stating

(i) the administrative action the licensing officer proposes to take,

(ii) the reason for taking the proposed administrative action,

(iii) the date the proposed administrative action is to take effect, and

(iv) the manner in which the operator may respond to the proposed administrative action, and

(b) a reasonable opportunity to respond, in writing, to the proposed administrative action.

(4) After providing the operator with a reasonable opportunity to respond in accordance with the manner set out in the notice provided under subsection (3) (a), the licensing officer may do one or both of the following:

(a) delay the date the administrative action is to take effect or suspend the administrative action, if satisfied that the delay or suspension would not cause an animal to be in distress;

(b) after considering the operator's response, if any, and any supporting records or written submissions of the operator,

(i) take the proposed administrative action,

(ii) take a different administrative action, or

(iii) rescind the notice and take no administrative action.

(5) The licensing officer must give written reasons for a decision made under subsection (4) (a) or (b) (i) or (ii).

Reconsideration

9.9  (1) In this section, "decision" means a decision of a licensing officer to

(a) reject an application for a licence or an application to vary a licence,

(b) refuse to grant a registration,

(c) issue a licence subject to terms and conditions,

(d) suspend, cancel or vary a licence, or

(e) suspend or cancel a registration.

(2) On receiving notice of a decision, a person subject to the decision may request the licensing officer who made the decision to reconsider the decision by submitting to the licensing officer a request, in the form and manner required by the licensing officer, within 30 days after receiving the notice.

(3) After considering a request for reconsideration, the licensing officer may take, as applicable, one or more of the actions described in section 9.4 (2), 9.5 (2) (b), 9.6 (2) or 9.8 (4) if the licensing officer determines that

(a) evidence not available at the time of the decision has become available, or

(b) all or part of the decision was based on evidence that was in error or was false.

(4) The licensing officer must give written reasons for an action taken under subsection (3), and a person may not request further reconsideration.

Review of licensing and registration decisions

9.91  (1) Subject to subsection (2) and the regulations, a person subject to a decision described in section 9.9 may request a reviewing officer to review the decision by submitting to the reviewing officer

(a) a request in the form and manner required by the reviewing officer, and

(b) the prescribed records and fees, if any.

(2) A request for a review may be made only within 20 days after

(a) the decision is made, or

(b) written reasons are given under section 9.8 (5), if applicable.

(3) A review must be based on the record.

(4) A decision is not suspended during the period of review unless the reviewing officer states, in writing, that the decision is suspended.

(5) After considering a request for a review, the reviewing officer may confirm, vary or rescind the decision under review.

(6) The reviewing officer must give written reasons for confirming or varying the decision under review, and the person subject to the decision may not request further review of the decision.

Division 2 – Inspections

When inspections may be made

9.92  (1) Subject to section 9.94, a licensing inspector may enter and inspect any premises or vehicle if

(a) the licensing inspector believes, on reasonable grounds, that an animal is present in the premises or vehicle, and

(b) the purpose of the inspection is to monitor or confirm compliance, with a matter described in subsection (2) of this section, by

(i) an operator who is engaging in a regulated activity for which a licence or certificate of registration is required under this Act, or

(ii) a person who the licensing inspector believes on reasonable grounds is engaging in a regulated activity for which a licence or certificate of registration is required under this Act.

(2) A licensing inspector may monitor or confirm compliance with any of the following:

(a) a provision of this Act or a regulation made under it that is relevant to

(i) the licensing or registration of a regulated activity, or

(ii) a person's engagement in a regulated activity for which a licence or certificate of registration is required under this Act;

(b) a term or condition of a licence.

Inspection powers and duties

9.93  (1) For the purposes of an inspection under section 9.92, a licensing inspector may exercise one or more of an authorized agent's powers described in section 15.2 (1) and, for this purpose, section 15.2 (2) and (3) applies.

(2) If a licensing inspector finds, in the course of an inspection, an animal in distress, the licensing inspector must immediately report to an authorized agent the following information:

(a) the identity and contact information, if known, of the person responsible for the animal;

(b) the location of the animal;

(c) the nature of the distress;

(d) any other relevant information requested by the authorized agent.

(3) If a licensing inspector finds, in the course of an inspection, that a person is engaging in a regulated activity for which the licensing inspector does not have jurisdiction, the licensing inspector may report to an authorized agent the following information:

(a) the information referred to in subsection (2) (a), (b) and (d);

(b) the grounds for believing that the person is engaging in a regulated activity.

Entering to inspect

9.94  (1) Before entering any premises or vehicle, a licensing inspector must take reasonable steps to notify the person responsible for the premises or vehicle of the date and time that the licensing inspector will be entering, unless any of the following circumstances apply:

(a) the thing to be inspected is on display in a public place;

(b) providing notice would not be reasonably possible or practicable in the circumstances;

(c) providing notice might defeat the purpose of monitoring or confirming compliance with a matter described in section 9.92 (2).

(2) Entry under subsection (1) may be without a warrant or the consent of the person responsible for the premises or vehicle only if

(a) the premises or vehicle is not used as a dwelling house, and

(b) entry is during ordinary business hours.

Authority to enter with a warrant

9.95  (1) A justice who is satisfied by information on oath in the prescribed form that all of the following conditions are met may issue a warrant in the prescribed form authorizing a licensing inspector to enter any premises or vehicle used as a dwelling house for the purpose of monitoring or confirming compliance with a matter described in section 9.92 (2):

(a) there are reasonable grounds for a licensing inspector to enter and inspect the premises or vehicle under section 9.92 (1);

(b) entry is necessary for any purpose related to carrying out the inspection;

(c) entry has been refused or there are reasonable grounds for believing that entry will be refused.

(2) A justice who is satisfied by information on oath in the prescribed form that all of the following conditions are met may issue a warrant in the prescribed form authorizing a licensing inspector to enter any 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:

(a) a licensing inspector believes, on reasonable grounds, that an offence has been committed;

(b) the offence is with respect to a regulated activity for which licensing or registration is required under this Act;

(c) there is, in the premises, vehicle, aircraft or vessel, any thing that will afford evidence of that offence.

(3) If a licensing inspector believes that it would be impracticable to appear personally before a justice to apply for a warrant under this section, the licensing inspector may submit an information on oath by telephone or other means of telecommunication and, for this purpose, section 22 of the Offence Act applies.

(4) A warrant issued under this section is subject to the conditions specified in the warrant.

Identification

9.96  A licensing inspector exercising a power under this Division must, on demand, produce to the owner or occupant of any premises, vehicle, aircraft or vessel entered under this Division the identification issued to the licensing inspector under section 9.99 (3).

Division 3 – Administration

Designated agency

9.97  (1) This section applies if the Lieutenant Governor in Council

(a) requires a person to be licensed or registered to engage in a regulated activity, and

(b) authorizes a person or body to act as the designated agency, in relation to the regulated activity, for the purpose of this Part.

(2) A designated agency is responsible for establishing, administering and enforcing the licensing or registration scheme that applies in respect of the regulated activity for which the agency is designated.

(3) A designated agency must do all of the following in relation to the regulated activity in respect of which the agency has been designated:

(a) perform the duties and exercise the powers of a designated agency as set out under this Part;

(b) comply with prescribed policies, procedures, rules and requirements;

(c) nominate persons having the training and qualifications required under section 9.99 (1) (a) to act as licensing officers, reviewing officers or licensing inspectors, as applicable;

(d) monitor the performance of persons appointed as licensing officers, reviewing officers or licensing inspectors, as applicable;

(e) ensure that persons appointed as licensing officers, reviewing officers or licensing inspectors, as applicable, comply with section 9.99 (2);

(f) keep records as prescribed;

(g) report to the minister on request of the minister and as required under this Act.

(4) A designated agency may charge and retain fees prescribed for the purposes of Division 1 of this Part.

Appointment of officers and inspectors

9.98  (1) The minister may, by order, appoint licensing officers, reviewing officers and licensing inspectors for the purposes of a licensing or registration scheme if both of the following conditions are met:

(a) the person to be appointed is an employee of, and has been nominated by, a designated agency;

(b) the minister is satisfied that the person to be appointed has sufficient training, knowledge, skills and experience to perform the duties and exercise the powers of a licensing officer, reviewing officer or licensing inspector, as applicable.

(2) A person must not be appointed as both a licensing officer and a licensing inspector.

(3) The minister may do one or more of the following in an order made under subsection (1):

(a) name a specific person as a licensing officer, reviewing officer or licensing inspector;

(b) provide that a person who holds a specified title or position is a licensing officer, reviewing officer or licensing inspector;

(c) impose terms, conditions and limits on an appointment, including requiring the appointed person to hold specified credentials.

(4) A person appointed as a licensing officer, reviewing officer or licensing inspector may, within the terms, conditions and limits of his or her appointment, perform duties imposed on, and exercise powers granted to, licensing officers, reviewing officers or licensing inspectors, as applicable, under this Act.

Powers respecting appointees

9.99  (1) The minister may, by order, do one or both of the following:

(a) establish training and qualifications for licensing officers, reviewing officers and licensing inspectors, including requiring participation in ongoing training;

(b) establish standards of practice for licensing officers, reviewing officers and licensing inspectors, including issuing instructions in relation to the performance of their duties and the exercise of their powers under this Act.

(2) A licensing officer, a reviewing officer and a licensing inspector must comply with all applicable standards established, and instructions issued, under subsection (1) (b).

(3) The minister may give to licensing inspectors identification for use in performing their duties and exercising their powers under this Act.

Complaints against inspectors

9.991  (1) A person affected by a licensing inspector's exercise of, or refusal to exercise, a power under this Act may complain to the designated agency that employs the licensing inspector.

(2) A complaint must be made in writing.

(3) On receiving a complaint, the designated agency must investigate the matter raised by the complaint.

(4) The designated agency may discontinue the investigation if the designated agency considers the complaint to be unfounded, frivolous or vexatious.

(5) If the designated agency considers the complaint to be founded, the designated agency must do both of the following:

(a) report to the minister the substance of the complaint and the findings of the designated agency;

(b) recommend to the minister that, with respect to the appointment of the person who is the subject of the complaint, the minister

(i) take no action,

(ii) vary the terms, limits or conditions of the appointment, or

(iii) terminate the appointment.

(6) On receiving a report made under subsection (5) (a), the minister may, as the minister considers appropriate,

(a) act in accordance with the designated agency's recommendation,

(b) request more information from the designated agency, or

(c) reject the designated agency's recommendation and take another of the actions described in subsection (5) (b).

(7) The designated agency must advise the complainant of the following, as applicable:

(a) the discontinuance of the investigation under subsection (4);

(b) the action of the minister under subsection (6) (a) or (c).

SECTION 6: [Prevention of Cruelty to Animals Act, section 13] is consequential to the enactment of Part 2.2 of the Act by this Bill.

6 Section 13 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) that

(i) an offence under section 24, other than an offence with respect to a regulated activity for which licensing or registration is required under this Act, has been committed, and

(ii) there is, in any premises, vehicle, aircraft or vessel, any thing that will afford evidence of that offence, ,

(b) in subsection (1) (d) by striking out "an offence under section 24." and substituting "the offence referred to in paragraph (b).",

(c) in subsection (2) (a) by striking out "paragraph (1) (a)," and substituting "subsection (1) (a)",

(d) in subsection (2) (b) by striking out "paragraph (1) (b)," and substituting "subsection (1) (b)", and

(e) in subsection (2) (b) by striking out "an offence under section 24." and substituting "the offence referred to in that subsection."

SECTION 7: [Prevention of Cruelty to Animals Act, section 15.1] clarifies that authorized agents cannot exercise inspection powers with respect to regulated activities for operators who must be licensed or registered.

7 Section 15.1 is amended

(a) in subsections (1) and (2) by striking out "Subject to subsection (3)," and substituting "Subject to subsections (3) and (4),", and

(b) by adding the following subsection:

(4) If a regulated activity in which an operator is or may be engaging is one for which the operator must be licensed or registered under Part 2.2, an authorized agent

(a) must not enter any premises or vehicle under this section, and

(b) may report to a designated agency the following information:

(i) the identity and contact information, if known, of the operator or suspected operator;

(ii) the location of the animal;

(iii) the grounds for believing that the operator or suspected operator is engaging in a regulated activity for which the operator must be licensed or registered;

(iv) any other relevant information requested by the designated agency.

SECTION 8: [Prevention of Cruelty to Animals Act, section 15.2] adds inspection powers.

8 Section 15.2 (1) is amended

(a) by repealing paragraph (b),

(b) in paragraph (d) by adding "(g.1)," after "(g),", and

(c) by adding the following paragraphs:

(g) pass through a place to reach any premises or vehicle that is to be the subject of an inspection;

(h) require a person to produce relevant records or things in the person's possession or control, including assembling animals and opening cages or containers;

(i) require a person who the authorized agent reasonably believes to have relevant information to answer questions and otherwise provide that information;

(j) conduct a post-mortem examination of an animal and, for this purpose,

(i) exhume a dead animal, and

(ii) transport or require the transport of the animal to the place where the post-mortem examination will be conducted.

SECTION 9: [Prevention of Cruelty to Animals Act, section 16] extends identification requirements to authorized agents exercising inspection powers under sections 15.1 and 15.2 of the Act.

9 Section 16 is amended by striking out "section 13, 14 or 15" and substituting "any of sections 13 to 15.2".

SECTION 10: [Prevention of Cruelty to Animals Act, sections 22.2 and 22.3] provides for the collection, use and disclosure of personal information under the Act.

10 The following sections are added:

Personal information

22.2  (1) An officer, employee or agent of the society, and an authorized agent, may collect, use or disclose personal information under this Act for one or more of the following purposes:

(a) to identify a person who

(i) is responsible for an animal that is or may be abandoned or in distress,

(ii) is or may be engaged in a regulated activity, other than one for which a designated agency is responsible, or

(iii) has or may have contravened any of sections 23 to 23.3;

(b) to monitor compliance, except in relation to a regulated activity for which a designated agency is responsible, with this Act and the regulations made under it;

(c) to provide information under section 9.4 (2) (c) or for the purposes of an administrative action that may be taken under section 9.8;

(d) to make a report under section 15.1 (4) (b);

(e) without limiting any other paragraph of this subsection, if necessary to perform the duties or exercise the powers for which the designated agency is responsible under this Act.

(2) An officer, employee or agent of a designated agency may collect, use or disclose personal information under this Act for one or more of the following purposes:

(a) to identify a person who is or may be engaged in a regulated activity, or who is applying to be licensed or registered to engage in a regulated activity, for which the designated agency is responsible;

(b) to monitor compliance, in relation to the regulated activity for which the designated agency is responsible, with this Act and the regulations made under it;

(c) to make a report under section 9.93;

(d) without limiting any other paragraph of this subsection, if necessary to perform the duties or exercise the powers for which the designated agency is responsible under this Act.

(3) For greater certainty, personal information may be disclosed outside British Columbia but inside Canada for the purposes of subsections (1) and (2).

(4) A person to whom subsection (1) or (2) applies must not collect, use or disclose personal information except as permitted under this Act or another enactment.

Agreements

22.3  The minister, the society and a designated agency may enter into agreements with any person or body, including the government of another jurisdiction, for the purpose of exchanging information, including personal information, under this Act.

SECTION 11: [Prevention of Cruelty to Animals Act, section 24] adds offences, consequential to the enactment of Part 2.2 of the Act by this Bill.

11 Section 24 (1) is amended by striking out "section 9.1, 9.2, 9.3," and substituting "section 9.1, 9.2, 9.21, 9.3, 22.2 (4),".

SECTION 12: [Prevention of Cruelty to Animals Act, section 24.02] removes a repeated word and adds a missing conjunction.

12 Section 24.02 (b) is amended by striking out "if the person is an operator, the distress" and substituting "the person is an operator and the distress".

SECTION 13: [Prevention of Cruelty to Animals Act, section 25.1] extends to designated agencies and their officers, agents and employees statutory immunity against liability.

13 Section 25.1 is amended

(a) by repealing subsection (1) and substituting the following:

(1) In this section, "protected person" means the following:

(a) the society;

(b) an authorized agent;

(c) a member, officer, agent or employee of the society;

(d) a designated agency;

(e) an officer, agent or employee of a designated agency.

(1.1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a protected person because of anything done or omitted

(a) in the performance or intended performance, by a protected person, of any duty under this Act, or

(b) in the exercise or intended exercise, by a protected person, of any power under this Act. , and

(b) in subsection (2) by striking out "Subsection (1)" and substituting "Subsection  (1.1)".

SECTION 14: [Prevention of Cruelty to Animals Act, section 26] adds regulation-making powers, consequential to the amendment of section 9.2 of the Act by this Bill and the enactment of section 9.21 and Part 2.2 of the Act by this Bill.

14 Section 26 is amended

(a) in subsection (2) (b) by striking out "section 13;" and substituting "sections 9.95 and 13;",

(b) in subsection (2) by adding the following paragraphs:

(e.1) respecting the making and keeping of records, and the making of reports, by operators;

(g.1) restricting or putting terms or conditions on the performance of a regulated activity, including limiting the number of animals for which operators may be responsible; , and

(c) by adding the following subsections:

(2.1) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations as follows:

(a) requiring operators to be licensed or registered to engage in a regulated activity;

(b) designating a person or body to establish, administer and enforce a licensing or registration scheme;

(c) establishing policies, procedures, rules and requirements to be followed by a designated agency in conducting its affairs, performing its duties and exercising its powers with respect to a licensing or registration scheme;

(d) without limiting paragraph (c) of this subsection,

(i) specifying the factors, criteria and guidelines that a designated agency and its employees must or must not use in performing the designated agency's duties and exercising the designated agency's powers,

(ii) establishing record-keeping and reporting requirements, and

(iii) specifying additional duties or conferring additional powers as the Lieutenant Governor in Council considers necessary or advisable for the purpose of establishing, administering and enforcing a licensing or registration scheme;

(e) respecting applications to be licensed or registered, including making different regulations with respect to an application

(i) for a new licence or certificate of registration, and

(ii) to renew a licence or certificate of registration;

(f) setting the term of a licence or certificate of registration;

(g) respecting conditions that may be attached to a licence;

(h) prescribing fees for the purposes of Division 1 of Part 2.2 and prescribing different fees based on

(i) the type of regulated activity,

(ii) the number or type of animals for which an operator is responsible, and

(iii) whether an application is for a new licence or certificate of registration or to renew a licence or certificate of registration;

(i) respecting service and deemed receipt of a notice for the purposes of section 9.8;

(j) respecting actions operators must or must not take, in relation to their premises or animals, during a suspension, or after a cancellation, of a licence or registration;

(k) respecting information and records that must be provided by an operator to the public or to a person who acquires, or who offers to acquire, an animal from the operator, including information and records that must, may or must not be provided if the operator's licence or registration is suspended.

(2.2) A regulation under subsection (2.1)

(a) may, without limiting subsection (2) (m), make different provisions for different regulated activities, and

(b) may specify the circumstances under which and the extent to which a designated agency may delegate one or more of its powers or duties to its officers, employees or agents.

Commencement

15  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item Column 1
Provisions of Act
Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Sections 1 to 11 By regulation of the Lieutenant Governor in Council
3 Sections 13 and 14 By regulation of the Lieutenant Governor in Council

 
Explanatory Notes

SECTION 1: [Prevention of Cruelty to Animals Act, section 1] adds definitions, consequential to the enactment of Part 2.2 of the Act by this Bill.

SECTION 2: [Prevention of Cruelty to Animals Act, section 7] authorizes the society to act as a designated agency.

SECTION 3: [Prevention of Cruelty to Animals Act, section 9.2] imposes on operators the duties to keep and produce records.

SECTION 4: [Prevention of Cruelty to Animals Act, section 9.21] imposes prohibitions and duties imposed on operators who must be licensed or registered to engage in a regulated activity.

SECTION 5: [Prevention of Cruelty to Animals Act, Part 2.2]

SECTION 6: [Prevention of Cruelty to Animals Act, section 13] is consequential to the enactment of Part 2.2 of the Act by this Bill.

SECTION 7: [Prevention of Cruelty to Animals Act, section 15.1] clarifies that authorized agents cannot exercise inspection powers with respect to regulated activities for operators who must be licensed or registered.

SECTION 8: [Prevention of Cruelty to Animals Act, section 15.2] adds inspection powers.

SECTION 9: [Prevention of Cruelty to Animals Act, section 16] extends identification requirements to authorized agents exercising inspection powers under sections 15.1 and 15.2 of the Act.

SECTION 10: [Prevention of Cruelty to Animals Act, sections 22.2 and 22.3] provides for the collection, use and disclosure of personal information under the Act.

SECTION 11: [Prevention of Cruelty to Animals Act, section 24] adds offences, consequential to the enactment of Part 2.2 of the Act by this Bill.

SECTION 12: [Prevention of Cruelty to Animals Act, section 24.02] removes a repeated word and adds a missing conjunction.

SECTION 13: [Prevention of Cruelty to Animals Act, section 25.1] extends to designated agencies and their officers, agents and employees statutory immunity against liability.

SECTION 14: [Prevention of Cruelty to Animals Act, section 26] adds regulation-making powers, consequential to the amendment of section 9.2 of the Act by this Bill and the enactment of section 9.21 and Part 2.2 of the Act by this Bill.