SECTION 1
Interpretation
1 In this Act,
"abandoned animal" includes an animal that
(a) is left for more than 24 hours without adequate food, water or shelter;
(b) is left for five days or more after the animal is to be retrieved from a veterinarian or from a person who, for consideration, stables, boards or cares for the animal; or
(c) is found on premises for which the tenancy agreement has been terminated;
"animal" includes mammals, birds, fish, reptiles, and amphibians but excludes wildlife, other than wildlife in captivity; "animal"
"animal protection officer" means
(a) a person appointed by the Minister to enforce the provisions of this Act; or
(b) a member of the Royal Canadian Mounted Police;
"distress" means the state of
(a) being in need of proper care, food, shelter or water,
(b) being injured, sick or in pain or suffering, or
(c) being abused or subject to undue or unnecessary hardship, privation or neglect;
(d) suffering from a lack of veterinary treatment; "souffrances"
"humane society" means an organization that is approved as a humane society under section 9; "société protectrice"
"official animal keeper" means a person designated as an official animal keeper by the Minister for the purposes of this Act; "Gardien"
"owner" includes a person who possesses or harbours an animal and if the owner is a minor or someone in the care of a guardian, the person responsible for the custody of the minor or of the individual under the person's care; "propriétaire"
"peace officer" REPEALED: S.Y. 2008, c. 13, s. 5, effective March 18, 2009 (O.I.C. 2009/46).
"veterinarian" means a person who is entitled to practise veterinary medicine in a province or in the State of Alaska; "vétérinaire"
"wildlife" means any vertebrate animal of any species that is wild by nature. "animal de la faune"
S.Y. 1997, c. 6, ss. 2 and 3; S.Y. 1989-90, c. 16, s. 14 and c. 22, s. 2; R.S., c. 5, s. 1; S.Y. 2008, c. 13, ss. 2-8 and 10, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 2
Powers of animal protection officer
2(1) If an animal is found in distress in a public place or, subject to sections 4 to 4.3, in any other place, and
(a) the owner or person in charge of the animal does not immediately take appropriate steps to relieve its distress; or
(b) the owner or person in charge of the animal is not present and cannot be found promptly, an animal protection officer may, subject to this Act, take the action the officer considers necessary or desirable to relieve its distress, and for that purpose may
(c) take custody of the animal;
(d) arrange for any necessary transportation, food, care, shelter and medical treatment of the animal; and
(e) deliver the animal into the custody of an official animal keeper.
(2) Before acting under subsection (1) an animal protection officer shall take reasonable steps to find the owner or person in charge of the animal and, if found, shall endeavour to obtain their cooperation to relieve the animal's distress.
(3) If the owner of the animal is not present or promptly found and informed of the animal's distress by an animal protection officer pursuant to subsection (2), the official animal keeper into whose custody the animal is delivered shall take reasonable steps to find the owner and, if found, to inform the owner of the action taken.
S.Y. 1989-90, c. 16, s. 4 and c. 22, s. 3; R.S., c. 5, s. 2; S.Y. 2008, c. 13, ss. 9 and 11, effective March 18, 2009 (O.I.C. 2009/46); S.Y. 2012, c. 14, s. 1(3), effective December 6, 2012 (R.A.).
SECTION 2.1
Abandoned animals
2.1(1) An animal protection officer may take custody of an abandoned animal whether or not it is in distress.
(2) An animal protection officer who takes custody of an abandoned animal shall deliver the animal to an official animal keeper.
S.Y. 2008, c. 13, s. 12, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 2.2
Order by animal protection officer
2.2(1) If an animal protection officer has reasonable grounds to believe that an animal is in distress and the owner of the animal is present or may be found promptly, the animal protection officer may order the owner to
(a) take such action as may, in the opinion of the animal protection officer, be necessary to relieve the animal of its distress; or
(b) have the animal examined and, if necessary in the opinion of the animal protection officer, treated by a veterinarian at the expense of the owner.
(2) Every order under subsection (1) shall
(a) be in writing;
(b) specify the time within which any action required by the order shall be performed; and
(c) be served upon the owner personally.
(3) Every person who is served with an order shall comply with the order.
S.Y. 2008, c. 13, s. 13, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 2.3
Frivolous or vexatious complaints
2.3(1) No person shall make a frivolous or vexatious complaint to an animal protection officer regarding an animal in distress.
(2) An animal protection officer may refuse to investigate a complaint if the officer is satisfied that
(a) the complaint is frivolous or vexatious; or
(b) there is insufficient evidence to warrant further action.
(3) If expenses are incurred by the Government of Yukon or the Royal Canadian Mounted Police in connection with an investigation by an animal protection officer of a complaint which is later determined by a court of competent jurisdiction to be a frivolous or vexatious complaint, such expenses are a debt due to the Government of Yukon or the Royal Canadian Mounted Police, as the case may be, by the person who made the complaint and may be recovered by the Government of Yukon or the Royal Canadian Mounted Police in an action in debt against the person.
S.Y. 2008, c. 13, s. 14, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 3
Prohibition against causing or permitting distress
3(1) No person shall cause an animal to be or to continue to be in distress.
(2) No person who is the owner or the person in charge of an animal shall permit the animal to be or continue to be in distress.
(3) Subsections (1) and (2) do not apply if the distress results from an activity carried on in accordance with reasonable and generally accepted practices of animal management, husbandry or slaughter provided that these practices are carried out in a humane manner.
S.Y. 1997, c.6, s.4.
SECTION 4
Entry of premises
4(1) If an animal protection officer has reasonable grounds to believe that an animal is in distress,
(a) in or on any premises, other than a dwelling place; or
(b) in any vehicle, aircraft or vessel and if every reasonable effort has been made to first obtain a warrant but the animal protection officer has been unable to do so, for any reason other than the refusal of a justice to issue the warrant, the animal protection officer may, without a warrant, enter
(c) in or on the premises, other than a dwelling place; or
(d) any vehicle, aircraft or vessel and search for the animal, and may exercise the officer's powers under section 2 and section 2.2 with respect to any animal in distress found therein.
(2) REPEALED: S.Y. 2008, c. 13, s. 16, effective March 18, 2009 (O.I.C. 2009/46).
(3) REPEALED: S.Y. 2008, c. 13, s. 16, effective March 18, 2009 (O.I.C. 2009/46).
(4) REPEALED: S.Y. 2008, c. 13, s. 16, effective March 18, 2009 (O.I.C. 2009/46).
S.Y. 1989-90, c. 16, s. 4 and c. 22, s. 3; R.S., c. 5, s. 3; S.Y. 2008, c. 13, ss. 9, 15 and 16, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 4.1
Application for warrant
4.1(1) If an animal protection officer 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 this Act has been committed and that there is in any premises, vehicle, aircraft or vessel, any thing that will afford evidence of that offence
the officer may apply to a justice for a warrant to enter the premises, vehicle, aircraft or vessel for the purposes 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 this Act.
(2) If the justice is satisfied that the animal protection officer has reasonable grounds under paragraph (1)(a), the justice may issue a warrant
(a) authorizing the officer to enter the premises, vehicle, aircraft or vessel specified in the warrant for the purpose of taking any action authorized by this Act to relieve the animal's distress; and
(b) requiring a person in the premises, vehicle, aircraft or vessel to produce any animal there located to the officer for examination.
(3) If the justice is satisfied that the animal protection officer has reasonable grounds under paragraph (1)(b), the justice may issue a warrant authorizing the officer to enter the premises, vehicle, aircraft or vessel specified in the warrant for the purpose of searching for, and seizing, a thing that will afford evidence of an offence under this Act.
(4) If an animal protection officer believes that it would be impracticable to appear personally before a justice to apply for a warrant, the warrant may be issued on an information submitted by telephone or other means of telecommunication in the manner provided for under section 487.1 of the Criminal Code (Canada) with such modifications as the circumstances require.
(5) The application for the warrant may be made without notice to any person.
(6) A justice may issue a warrant for either or both of the purposes referred to in subsections (2) and (3).
(7) A warrant is subject to the conditions specified in the warrant.
(8) An animal protection officer may use as much force as is necessary to execute a warrant or to exercise any authority given by section 4.
S.Y. 2008, c. 13, s. 17, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 4.2
Entry without warrant by R.C.M.P.
4.2 A member of the Royal Canadian Mounted Police may exercise the powers of entry, search and seizure pursuant to section 4.1 without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain a warrant.
S.Y. 2008, c. 13, s. 17, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 4.3
Seizures without warrant
4.3(1) An animal protection officer who is lawfully in any premises, vehicle, aircraft or vessel may, without a warrant, seize any thing that they believe on reasonable grounds
(a) has been obtained by the commission of an offence under this Act;
(b) has been used in the commission of an offence under this Act;
(c) will afford evidence of the commission of an offence under this Act;
(d) has been the subject of the commission of an offence under this Act; or
(e) is intermixed with a thing referred to in paragraphs (a), (b), (c ) or (d).
(2) If an animal protection officer is in any premises, vehicle, aircraft or vessel pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant.
S.Y. 2008, c. 13, s. 17, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 4.4
Report to a justice
4.4(1) When an animal protection officer seizes a thing in the execution of a warrant issued under this Act the officer shall, as soon as practicable, report to a justice that the thing has been seized.
(2) When an animal protection officer in the execution of duties under this Act seizes a thing without a warrant, the officer shall, as soon as practicable, report to a justice that the thing has been seized.
S.Y. 2008, c. 13, s. 17, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 4.5
Requirement to assist
4.5(1) The owner or person in charge of any premises, vehicle, aircraft or vessel entered by an animal protection officer under sections 4 or 4.1 or a member of the Royal Canadian Mounted Police under section 4.2, and any person found therein, shall
(a) give the officer or member reasonable assistance to enable them to carry out any authorized action under this Act; and
(b) furnish the officer or member with any information they may reasonably require to carry out any authorized action under this Act.
S.Y. 2008, c. 13, s. 17, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 4.6
Liability for seized things
4.6 No liability attaches to the Government of Yukon, to the Minister, to an animal protection officer, to an official animal keeper, or to the Royal Canadian Mountain Police for loss or damage arising from the seizure, disposal or return in accordance with this Act of anything that has been seized, or from the deterioration of anything while it is being held under a seizure, other than loss or damage resulting from negligence or wilful neglect in its care, custody or return.
S.Y. 2008, c. 13, s. 17, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 5
Relieving of distress of animals
5(1) Despite anything in this Act to the contrary, if an animal taken into custody pursuant to section 2 or section 2.1 is in such distress that,
(a) in the opinion of a veterinarian;
(b) if a veterinarian is not readily available, in the unanimous opinion of an animal protection officer and two reputable citizens; or
(c) in a critical situation when a veterinarian or two reputable citizens are not readily available, in the opinion of an animal protection officer,
the animal cannot be relieved of its distress so as to live thereafter without undue suffering, the animal protection officer or official animal keeper having the custody may cause the animal to be euthanized.
(2) If an animal is to be euthanized pursuant to this section but the animal's suffering will not be unduly prolonged thereby, the animal protection officer or the official animal keeper having custody of the animal shall take reasonable steps to find the owner of the animal and endeavour to obtain the owner's consent to its euthanization.
S.Y. 1989-90, c.22, s.3; R.S., c.5, s.4; S.Y. 2008, c. 13, ss. 9, 10 and 18, effective March 18, 2009 (O.I.C. 2009/46); S.Y. 2012, c. 14, s. 1(3), effective December 6, 2012 (R.A.).
SECTION 6
Recovery of expenses by official animal keeper
6(1) An official animal keeper has a lien on any animal delivered or taken into its custody under this Act for any expenses properly incurred with respect to the animal for transportation, food, care, shelter and medical treatment and may require the owner to pay those expenses before delivering the animal to the owner.
(1.1) If an animal is euthanized in accordance with this Act, the owner of the animal is responsible for the expenses properly incurred by the official animal keeper in euthanizing the animal and disposing of the remains.
(2) Expenses properly incurred may be recovered by the official animal keeper in an action in debt against the owner of the animal or person who, with the consent, express or implied, of the owner of the animal, was in charge of the animal at the time the animal was taken into custody pursuant to section 2.
(3) A lien held by the official animal keeper ranks ahead of any other security interest in the animal referred to in subsection (1).
(4) The Personal Property Security Act does not apply to the animal referred to in subsection (1).
S.Y. 1989-90, c. 22, s. 3; R.S., c. 5, s. 5; S.Y. 2008, c. 13, ss. 9, 19 and 20, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 7
Animals in custody of official animal keeper
7(1) If an animal is in the custody of an official animal keeper pursuant to this Act and the owner of the animal is known, the keeper may sell or give the animal to a person or euthanize the animal, 14 days after the keeper has given notice to the owner in accordance with this section.
(2) If an animal in the custody of an official animal keeper pursuant to this Act bears an obvious identification tattoo, brand, mark, tag, licence or a readable microchip, the keeper may sell or give the animal to a person or euthanize the animal after the keeper has held the animal in custody for at least 14 days.
(3) If an animal is in the custody of an official animal keeper pursuant to this Act and the owner of the animal is unknown, the keeper may sell or give the animal to a person or euthanize the animal, after the keeper has held the animal in custody for a period of at least five days.
(4) The notice referred to in subsection (1) shall 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 three times 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.
(5) If, within the 14 day period referred to in subsection (1), the owner of the animal provides an objection in writing to the official animal keeper regarding the proposed disposition of the animal, the keeper shall consider the objection before disposing of the animal.
(6) Any money paid to the official animal keeper with respect to an animal that is sold or given to a person under this section shall be disbursed as follows
(a) the keeper shall retain an amount equal to the expenses properly incurred by the keeper with respect to the animal; and
(b) the person who owned the animal at the time it was taken into the custody of the official animal keeper may, within 6 months of the date the animal was taken into custody, claim the balance of the proceeds from the keeper.
(7) If the person who owned the animal at the time it was taken into the custody of the official animal keeper does not apply for the proceeds in accordance with paragraph (6)(b), the balance of the proceeds referred to in paragraph (6)(b) shall be retained by the official animal keeper and forfeited to the Government of Yukon.
(8) If an animal has been sold or given to a person under this section, all rights and interests in the animal
(a) vest in the person to whom it has been sold or given; and
(b) the former owner ceases to have any of those rights or interests.
S.Y. 1989-90, c. 22, s. 3 and 4; R.S., c. 5, s. 6; S.Y. 2008, c. 13, s. 21, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 8
REPEALED
8 REPEALED: S.Y. 2008, c. 13, s. 22, effective March 18, 2009 (O.I.C. 2009/46).
S.Y. 1989-90, c. 22, s. 3 and 4; R.S., c. 5, s. 7; S.Y. 2008, c. 13, s. 22, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 9
Approval of humane society
9(1) The Commissioner in Executive Council
(a) may approve as a humane society for the purposes of this Act any organization having as a principal object the prevention of cruelty to animals; and
(b) may suspend or revoke the approval.
(2) REPEALED: S.Y. 2008, c. 13, s. 23, effective March 18, 2009 (O.I.C. 2009/46).
R.S., c. 5, s. 8; S.Y. 2008, c. 13, ss. 9 and 23, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 10
Inspection of animal exhibitions, sales
10 If authorized by or under the regulations, and subject thereto, an animal protection officer,
(a) without a warrant and in ordinary business hours; and
(b) for the purpose of enforcing this Act and the regulations,
may enter and inspect any premises other than a dwelling place where animals are kept for sale, hire or exhibition.
R.S., c. 5, s. 9; S.Y. 2008, c. 13, s. 9, effective March 18, 2009 (O.I.C. 2009/46); S.Y. 2012, c. 14, s. 1(3), effective December 6, 2012 (R.A.).
SECTION 10.1
Obstruction of officer
10.1 No person shall
(a) knowingly make a false or misleading statement to an animal protection officer who is acting under this Act; or
(b) obstruct or interfere with an animal protection officer who is acting under this Act.
S.Y. 2008, c. 13, s. 24, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 10.2
Unsafe transportation of animals
10.2(1) No person shall transport an animal outside the passenger compartment of any motor vehicle or trailer unless the animal is adequately confined or unless it is secured in a body harness or by another method of fastening which is adequate to prevent the animal from falling off the vehicle or otherwise injuring itself.
(2) An animal protection officer who sees a motor vehicle or trailer carrying an animal in contravention of subsection (1) may stop the vehicle or trailer.
(3) Where an animal protection officer signals or requests a driver driving a vehicle to stop, the person shall immediately bring the vehicle to a stop and shall not proceed until they are permitted to do so by the animal protection officer.
S.Y. 2008, c. 13, s. 24, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 10.3
Striking animal with vehicle
10.3 A person operating a vehicle that strikes and injures or kills an animal shall stop and use reasonable diligence to notify the owner or an animal protection officer and take such other reasonable and appropriate action so that the animal may receive proper care, if injured, or be appropriately disposed of, if killed.
S.Y. 2008, c. 13, s. 24, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 10.4
Appointment or designation by Minister
10.4(1) The Minister may, by order, appoint a person or class of persons as animal protection officers to enforce the provisions of this Act.
(2) The Minister may designate in writing any person as an official animal keeper for the purposes of this Act.
S.Y. 2008, c. 13, s. 24, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 11
Regulations
11 The Commissioner in Executive Council may make regulations
(a) governing the approval and the suspension and revocation of approval of organizations as humane societies;
(b) prescribing the qualifications required or persons to be appointed animal protection officers for the purposes of this Act;
(c) respecting the manner of taking an animal into custody;
(d) defining what constitutes taking reasonable steps to find the owner of an animal in distress;
(e) prescribing a tariff of expenses which may be charged to the owner of an animal taken into custody under this Act for transportation, food, care, shelter and medical treatment of the animal;
(f) prescribing, with respect to animals kept for sale, hire or exhibition, the standard of care with which the animals shall be maintained;
(g) respecting the authorization of animal protection officers, in general or, in particular, to exercise the powers specified in section 10 subject to those conditions and restrictions that are considered desirable in the public interest;
(h) respecting any other matter necessary or desirable to give effect to the intent of this Act.
R.S., c. 5, s. 10; S.Y. 2008, c. 13, ss. 9 and 25, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 12
Offence and penalty
12(1) A person who contravenes this Act or the regulations by doing an act that is forbidden or by omitting to do an act that is required to be done commits an offence, and is liable on summary conviction to a fine of up to $10,000 or imprisonment of up to 24 months, or to both.
(1.1) If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable on summary conviction to be convicted for a separate offence for each day on which the offence is committed or continued.
(2) A judge of the Territorial Court or a justice may, when sentencing a person convicted of an offence under this Act, order that the person be prohibited from owning an animal or from having charge of an animal for any time the judge or justice considers advisable.
(3) A judge of the Territorial Court or a justice may, in a proceeding for an offence against this Act, make an order of custody of an animal in respect of which the charge has been laid.
S.Y. 1997, c. 6, s. 5; R.S., c. 5, s. 11; S.Y. 2008, c. 13, ss. 26-28, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 13
Immunity
13 An action does not lie against a person acting in good faith for anything done or purporting to be done under this Act or the regulations.
S.Y. 1989-90, c. 22, s. 5; R.S., c. 5, s. 12; S.Y. 2008, c. 13, s. 29, effective March 18, 2009 (O.I.C. 2009/46).
SECTION 14
Conflict with Pounds Act
14 If there is a conflict between a provision of this Act and a provision of the Pounds Act, the provision of this Act prevails to the extent of the conflict.
R.S., c. 5, s. 13; S.Y. 2008, c. 13, s. 30, effective March 18, 2009 (O.I.C. 2009/46).