The following definitions apply in this Act. 1997, c.27, s.2; 2000, c.26, s.267; 2006, c.16, s.170; 2008, c.35, s.1; 2012, c.39, s.138; 2017, c.16, s.2; 2020, c.25, s.107; 2023, c.40, s.31
“animal” means animal as defined in the regulations. (animal)
“animal protection officer” means an officer, agent or employee of the society or any other person appointed by the Minister under section 8. (agent de la protection des animaux)
“business day” means a day on which the offices of the society are open for business.(jour ouvrable)
“domestic animal” means domestic animal as defined in the regulations. (animal domestique)
“Minister” means the Minister of Local Government and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“pet establishment” means pet establishment as defined in the regulations. (établissement hébergeant des animaux familiers)
“public road” means public road as defined in the regulations. (chemin public)
“society” means The New Brunswick Society for the Prevention of Cruelty to Animals continued under section 2. (Société)
“veterinarian” means a person who is entitled to practise veterinary medicine under An Act Respecting The New Brunswick Veterinary Medical Association.(vétérinaire)
The New Brunswick Society for the Prevention of Cruelty to Animals incorporated by Chapter 58 of the Acts of 44 Victoria, (1881), is continued and shall consist of all persons who contribute to the funds of the society, according to the terms and conditions prescribed by the rules and regulations of the society. R.S.1973, c.S-12, s.1
Subject to paragraph 34(1)(s), the members may make the rules and regulations, not contrary to law, that they consider necessary for the control and management of the society and, among other things, for fixing the terms of membership, the appointment of officers and of a governing body, and may annul, change or modify those rules and regulations in the manner that they shall specify and allow. R.S.1973, c.S-12, s.2; 1997, c.27, s.3
2017, c.16, s.21997, c.27, s.4; 2017, c.16, s.2
The society may receive, take, hold, enjoy and manage all bequests, legacies, subscriptions and donations, whether of real or personal estate, that may be made or given to it, and may, subject to subsection (2), acquire, hold, lease, sell, convey and mortgage any real estate necessary for the purpose of the society.
The society may borrow money.
The society may establish branch societies or associations in any of the cities, towns, villages, rural communities or parishes of the Province, subject to any regulations that may be considered expedient. 2005, c.7, s.78
R.S.1973, c.S-12, s.5, s.6
Neither the society nor any branch society is responsible for any act done by any of its officers unless the act has been previously authorized or subsequently ratified by the society or its executive committee.
The society is not responsible for any debts, liabilities or acts contracted, done or committed by any branch society or its officers.
No branch society shall be liable for any debts, liabilities or acts contracted, done or committed by the parent society or its officers or by any other branch society or its officers.
Repealed: 2017, c.16, s.2 2017, c.16, s.2Repealed: 2017, c.16, s.2 R.S.1973, c.S-12, s.7; 2017, c.16, s.2
1997, c.27, s.5
In accordance with the requirements set by the regulations, the Minister may appoint an officer, agent or employee of the society or any other person to be an animal protection officer who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred on him or her by this Act and the regulations.
No person shall be appointed as an animal protection officer unless the person meets the requirements set by the regulations.
1997, c.27, s.5
A document signed by the Minister stating that the person named in the document has been appointed as an animal protection officer shall, without proof of the appointment, authority or signature of the Minister, be accepted by all courts as conclusive proof that the person has
(a) met the requirements set by the regulations,
(b) taken the oath or made the affirmation referred to in section 10, and
(c) been appointed to the office that the person is stated to hold.
A person in possession of a document referred to in subsection (1) shall be deemed to be the person named in the document, on proof that his or her name is the same as the person named in the document.
1997, c.27, s.5
Before beginning his or her duties, every animal protection officer shall take and subscribe the following oath or make and subscribe the following affirmation:
The oath or affirmation in subsection (1) shall be taken or made before a commissioner for taking affidavits or a notary public and shall be returned to the Minister.
1997, c.27, s.5; 2008, c.35, s.2
In carrying out his or her duties under this Act and the regulations, an animal protection officer is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
An animal protection officer may exercise all the powers and authorities conferred on an animal protection officer by this Act in any part of the Province.
2008, c.35, s.3
No person shall obstruct or hinder an animal protection officer or a person authorized by an animal protection officer in carrying out his or her duties under this Act and the regulations.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category D offence.
2017, c.16, s.2No action, application or other proceeding lies or shall be instituted against an animal protection officer, a person authorized by an animal protection officer to act under this Act, a veterinarian, the society, a member of the society, a director or employee of the society and any other person employed or engaged in the administration or enforcement of this Act in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person. 2017, c.16, s.2
A person may make application in accordance with the regulations for a pet establishment licence. 1997, c.27, s.5
1997, c.27, s.5
An animal protection officer may at any reasonable time enter and inspect
(a) a licensed pet establishment, or
(b) any building, place or premises, except a dwelling house, that the animal protection officer has reason to believe is being used for or in connection with a pet establishment.
Before or after attempting to enter any place for the purposes of subsection (1), an animal protection officer may apply to a judge for an entry warrant under the Entry Warrants Act.
An animal protection officer may at any time require a licensee
(a) to produce an animal for inspection, or
(b) to produce for inspection, or for the purpose of obtaining copies or extracts, any records, books, accounts or other documents, other than financial records, books, accounts or documents, relating to the establishment, operation or maintenance of a pet establishment.
A licensee shall immediately on demand by an animal protection officer produce
(a) the animal, or
(b) the records, books, accounts and other documents relating to the pet establishment.
An animal protection officer may seize an animal that is being kept in a pet establishment if the animal requires immediate attention.
1997, c.27, s.5; 2008, c.35, s.4.1; 2017, c.16, s.2
An animal protection officer may seize an animal in the following circumstances:
(a) the animal is found running at large;
(b) the animal protection officer has reasonable grounds to believe that the animal is abandoned; and
(c) in accordance with this Act and the regulations.
For the purposes of paragraph (1)(b), an animal shall be deemed to be abandoned if the animal
(a) is apparently ownerless and not running at large,
(b) is found on rented premises after the expiration or termination of the tenancy agreement,
(c) is found on premises after the owner has sold or vacated the premises, or
(d) by agreement between the animal’s owner and another person, has been left in the care of the other person and has not been retrieved from the other person for more than three days after the agreed-on retrieval time.
An animal protection officer may authorize a person to aid and assist the animal protection officer for the purpose of seizing an animal under subsection (1).
An animal protection officer may place a seized animal under care for a period not exceeding 15 days and for any additional periods that may be required for the prosecution of an offence respecting the animal.
1997, c.27, s.5; 2008, c.35, s.5; 2017, c.16, s.2
When an animal has been seized under this Act, the animal protection officer shall within three business days notify the owner, or make reasonable attempts to identify and notify the owner if the owner is not known,
(a) that the animal has been seized by the animal protection officer, and
(b) of the costs that have been incurred or will be incurred in the care and treatment of the animal.
The owner of a seized animal is liable to pay the costs incurred in the care and treatment of the seized animal.
If the owner of an animal seized under paragraph 16(1)(a) or (b) is identified and no prosecution is commenced in respect of the animal, the owner may reclaim the animal three business days after receipt of the notice under subsection (1) if the costs of the care and treatment of the animal are paid.
If the owner of an animal seized under paragraph 16(1)(c) is identified and no prosecution is commenced in respect of the animal, the owner may reclaim the animal 15 days after the seizure if the costs of the care and treatment of the animal are paid.
(a) cannot be identified within three business days after the seizure, or
(b) does not reclaim the animal three business days after receipt of the notice under subsection (1) and does not pay the costs incurred in respect of the care and treatment of the animal.
The ownership of an animal seized under paragraph 16(1)(c) vests in the society if the owner
(a) cannot be identified within three business days after the seizure, or
(b) does not reclaim the animal 15 days after the seizure and does not pay the costs incurred in respect of the care and treatment of the animal.
Before the three-day period referred to in paragraph (5)(b) expires, an animal protection officer may release to the owner an animal seized under paragraph 16(1)(a) or (b) that has been placed under care if no prosecution is commenced in respect of the animal and, in the opinion of the animal protection officer, the animal will be properly cared for by the owner.
Before the 15-day period referred to in paragraph (6)(b) expires, an animal protection officer may release to the owner an animal seized under paragraph 16(1)(c) that has been placed under care if no prosecution is commenced in respect of the animal and, in the opinion of the animal protection officer, the animal will be properly cared for by the owner.
Any amount that a person is liable to pay for the costs incurred for the care and treatment of a seized animal under this Act is a debt due by that person.
2017, c.16, s.22017, c.16, s.2
A person who has ownership, possession or care and control of an animal shall not abandon the animal.
For the purposes of subsection (1), a person who has ownership, possession or care and control of an animal shall be deemed to have abandoned the animal if the person
(a) leaves the animal on the premises and vacates the premises
(i) after the expiration or termination of the tenancy agreement, or
(ii) after the owner has sold the premises, or
(b) by agreement between the animal’s owner and another person, has left the animal in the care of the other person and has not retrieved the animal from the other person for more than three days after the agreed-on retrieval time.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
An animal protection officer or a person authorized by an animal protection officer may destroy a seized animal if, in the opinion of an animal protection officer, 1997, c.27, s.5
(a) it is unlikely that the animal will recover from its injuries, or
(b) it would be inhumane to allow the continued pain and suffering of the animal.
1997, c.27, s.5; 2009, c.43, s.1; 2017, c.16, s.2
A person who has ownership, possession or care and control of an animal shall provide the animal with food, water, shelter and care in accordance with the regulations.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category J offence.
2017, c.16, s.2In the course of providing veterinary medicine to an animal, a veterinarian who believes on reasonable grounds that the animal has not been provided with food, water, shelter and care in accordance with this Act and the regulations, shall without delay 2017, c.16, s.2
(a) report his or her belief to an animal protection officer, and
(b) provide any information respecting the matter that the animal protection officer requests.
1997, c.27, s.5; 2017, c.16, s.2
A person who destroys or assists in the destruction of an animal shall do so in a humane manner in accordance with the regulations.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
A person does not commit an offence under subsection (1) if, in an emergency situation or when the provision of veterinary services are impracticable, an animal is destroyed by use of a firearm in a manner that does not cause unnecessary pain or panic to the animal.
1997, c.27, s.5
No person shall transport a dog on a public road outside the passenger compartment of a vehicle in a space intended to carry a load unless
(a) the space is enclosed or has side and tail racks to a height of 1.17 m (46 in.) extending vertically from the floor, or
(b) the dog is protected by a secured cage or a prescribed animal restraint device.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
1997, c.27, s.5
A person operating a motor vehicle that strikes and injures a domestic animal shall stop and use reasonable diligence to notify the owner, a peace officer or an animal protection officer and take any other reasonable and appropriate action so that the animal may receive proper care.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
1997, c.27, s.5
A person commits an offence
(a) if the person sells or offers for sale, barters or displays living baby chicks, ducklings or other fowl that have been dyed, coloured or otherwise treated to impart to them an artificial colour, or
(b) if the person sells or offers for sale, barters or gives away living baby chicks, ducklings or other fowl under two months of age in any quantity less than six.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
2017, c.16, s.2; 2021, c.16, s.12017, c.16, s.2; 2021, c.16, s.1
No person shall sell or offer to sell to a purchaser any animal prescribed by regulation for which a certificate of health has not been issued by a veterinarian, in the form prescribed by the regulations, whether or not the purchaser has waived the requirement for a certificate.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
2017, c.16, s.2; 2021, c.16, s.12017, c.16, s.2; 2021, c.16, s.1
No person shall in any manner conduct, promote or participate in a contest involving fighting between animals and all contests involving fighting between animals are prohibited.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category J offence.
2017, c.16, s.2; 2021, c.16, s.12017, c.16, s.2; 2021, c.16, s.1
A person who has ownership, possession or care and control of a dog shall not tether the dog outdoors, except in accordance with the standards prescribed by regulation.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
1997, c.27, s.5
A person who operates a pet establishment without a licence issued in accordance with this Act and the regulations commits an offence.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
A person who owns or has the possession or care and control of an animal while prohibited from doing so by reason of an order made under section 27 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence. 1997, c.27, s.5; 2017, c.16, s.2
A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence. 1997, c.27, s.5
In addition to imposing sentence under the Provincial Offences Procedure Act in relation to a conviction for an offence under this Act, a judge 1997, c.27, s.5; 2017, c.16, s.2
(a) may make an order prohibiting the defendant from owning or having any animal in his or her possession or care and control for a period prescribed by the judge,
(b) shall, in the case of a second or subsequent offence, make an order prohibiting the defendant from owning or having any animal in his or her possession or care and control
(i) for the lifetime of the defendant, or
(ii) for a period prescribed by the judge, and
(c) may make an order vesting in the society
(i) the ownership of all animals owned by the defendant, or
(ii) the ownership of the animal in respect of which the prosecution has been commenced.
1997, c.27, s.5
If an animal protection officer has reasonable grounds to believe that an animal is confined, impounded or yarded without adequate food, water, shelter or care for more than 24 consecutive hours, an animal protection officer or a person authorized by an animal protection officer may enter the place or break and enter any enclosure, erection or building where the animal is confined, impounded or yarded, except a dwelling house, to provide the animal with food, water, shelter or care.
An animal protection officer may seize an animal referred to in subsection (1) if the seizure is necessary to attend to the immediate needs of the animal.
Before or after attempting to enter a place for the purpose of subsection (1), an animal protection officer may apply to a judge for an entry warrant under the Entry Warrants Act.
2008, c.35, s.6
If an animal protection officer has reasonable grounds to believe that an animal is confined in a motor vehicle and is in distress or is deprived of reasonable protection from injurious heat or cold, the animal protection officer or a person authorized by the animal protection officer may enter the motor vehicle, using the force the animal protection officer considers necessary, for the purpose of attending to the needs of the animal.
An animal protection officer may seize an animal referred to in subsection (1) if the seizure is necessary to attend to the immediate needs of the animal.
Before attempting to enter a motor vehicle under subsection (1) and if the circumstances permit, an animal protection officer shall take reasonable steps to find the owner or person in charge of the motor vehicle.
If an animal protection officer has reasonable grounds to believe that an animal confined in a dwelling house requires immediate attention, the animal protection officer may apply to a judge for an entry warrant under the Entry Warrants Act to enter a dwelling house for the purposes of attending to the needs of the animal and to seize the animal if necessary to attend to the immediate needs of the animal. 1997, c.27, s.5
If an animal protection officer has reasonable grounds to believe that a person owns an animal or has an animal in his or her possession or care and control contrary to an order issued under section 27, the animal protection officer may apply to a judge for an entry warrant under the Entry Warrants Act to enter any place, including a dwelling house, for the purpose of seizing the animal. 1997, c.27, s.5; 2017, c.16, s.2
2017, c.16, s.22017, c.16, s.2
If an animal protection officer has reasonable grounds to believe that an animal is confined in a dwelling house without adequate food, water, shelter or care, the animal protection officer may at any reasonable time
(a) enter on lands or premises where a dwelling house is located,
(b) require the owner or occupant of the dwelling house to produce and show to the animal protection officer, for the purpose of examination, any animal found in the dwelling house, and
(c) examine the animal.
The owner or occupant of the dwelling house who is required to produce and show an animal under subsection (1) shall do so immediately.
An animal protection officer may seize an animal referred to in subsection (1) if the seizure is necessary to attend to the immediate needs of the animal.
2017, c.16, s.2A person who violates or fails to comply with subsection 31.1(2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category D offence. 2017, c.16, s.2
1997, c.27, s.5; 2005, c.7, s.78; 2007, c.33, s.10; 2017, c.20, s.179
There is established an account called the Animal Protection Account.
The Minister shall be the custodian of the Animal Protection Account and the Animal Protection Account shall be held in trust by the Minister.
The Animal Protection Account shall be held for the purposes of this section in a separate account in the Consolidated Fund.
The following revenue shall be deposited into the Animal Protection Account:
(a) revenue from animal licence fees collected under the Local Governance Act in areas outside the territorial limits of a local government;
(b) revenue from pet establishment licence fees collected under this Act throughout the Province; and
(c) revenue from fines and fixed penalties collected in respect of offences under this Act excluding any surcharge payable under the Victims Services Act and any administrative fee referred to in paragraph 14(5)(d) of the Provincial Offences Procedure Act.
The purpose of the Animal Protection Account is to provide funding for animal protection.
Payments for the purposes of subsection (5) shall be a charge on and payable out of the Animal Protection Account.
The assets of the Animal Protection Account shall be used to provide funding for animal protection.
1997, c.27, s.5
The society may apply to the Minister for funding for animal protection from the Animal Protection Account.
Funding provided to the society
(a) shall be made from the amount deposited in the Animal Protection Account, and
(b) shall be made on the basis of one to one matched funding, where one dollar received by the society as a bequest, legacy or donation is matched to one dollar deposited into the Animal Protection Account under subsection 32(4).
All bequests, legacies and donations received by the society or its branches or associations are eligible for matching purposes except bequests, legacies or donations of real or personal property or bequests, legacies or donations that are subject to trust conditions.
The society shall provide the Minister with audited financial statements and any other information requested by the Minister or required under the regulations in respect of funding from the Animal Protection Account.
Subject to the amount deposited in the Animal Protection Account under subsection 32(4), the maximum amount of funding that may be provided to the society in any year shall be $150,000.
1997, c.27, s.5; 2017, c.16, s.2
The Lieutenant-Governor in Council may make regulations
(a) defining “animal”, “domestic animal”, “pet establishment”, “public road” and any other word or expression used in this Act and not defined in this Act for the purposes of this Act, the regulations or both;
(b) respecting the training, examination and certification of animal protection officers;
(c) establishing classes of pet establishment licences;
(d) respecting the application for and issuance of pet establishment licences;
(e) respecting the fees payable for pet establishment licences;
(f) respecting the terms and conditions to which a pet establishment licence is subject;
(g) respecting the suspension or cancellation of pet establishment licences;
(h) respecting exemptions from pet establishment licensing provisions;
(i) respecting the establishment, operation and maintenance of pet establishments;
(j) respecting the provision of food, water, shelter and care for the purposes of section 19;
(k) specifying standards or codes of conduct, codes of practices or codes of procedures as acceptable;
(l) specifying practices or procedures that are prohibited;
(l.1) for the purposes of section 23.1, prescribing
(i) animals,
(ii) the period for which a certificate of health may be issued, and
(iii) the form and content of a certificate of health;
(l.2) for the purposes of section 23.3, prescribing the standards to be followed by a person who has ownership, possession or care and control of a dog when tethering the dog outdoors;
(m) respecting the care and handling of animals;
(n) respecting codes of conduct, codes of practices, codes of procedures, practices, procedures or circumstances applicable in respect of an offence under section 19;
(o) respecting humane euthanasia of animals;
(p) respecting the seizure of animals;
(q) prescribing animal restraint devices;
(r) respecting horse-hauling contests;
(s) respecting the board of directors of the society, including the composition of the board of directors, the number of board members, the election of board members, the appointment of board members by the Minister, the term of office of board members, vacancies on the board of directors, quorum of the board of directors, the establishment of an executive committee of the board of directors, meetings of the board of directors, meetings of the executive committee of the board of directors, and transitional provisions in respect of any of the matters referred to in this paragraph;
(t) respecting the submission to the Minister by the society of business plans, budget estimates and audited financial statements;
(u) respecting any surplus or deficit of the society;
(v) respecting the respective responsibilities of the society, its branches and associations;
(w) respecting the Animal Protection Account.
Regulations made under this Act may contain different provisions for different classes of pet establishment licences and for different animals.