Denese Espeut Post
Farming often goes hand and hand with animals. Many farmers will need to consider the transporting, feeding, care and sheltering of pigs, cows, sheep, horses and fowl amongst others. Owning an animal comes with responsibilities. Whether you live with a cat for companionship, have a dog to assist you with your personal care or your work, breed animals for sale or for show, or own a tiger for circus performances, there are certain responsibilities you have as the owner.
Since the early 1800s, Western society has developed laws to protect animals from cruelty. These laws were originally intended to protect cows, sheep and horses and have since advanced to protect our domestic pets, like Fido and Felix.
There are three kinds of laws that relate to animals in BC. Animal control laws regulate the keeping of animals and protect you and me by ensuring animals don’t interfere with our health and safety. Animal protection laws safeguard animals from distress due to neglect or abuse by their owner or caretaker. Criminal laws make it an offence to intentionally cause an animal unnecessary pain, suffering or injury.
Your city or town will likely have bylaws which place responsibilities and restrictions upon you as an animal owner or caretaker. It is these bylaws that require you to keep your dog on a leash, clean up animal waste or may limit the number of animals that you can own. If an owner breaks a bylaw, the owner may be fined for the violation, pay a fine to reclaim their animal or have their animal taken away.
The Prevention of Cruelty to Animals Act (“PCAA”) is a law that applies across the province and is enforced by the SPCA. This law sets out how you must care for your animals and requires that you, as an animal owner, provide adequate food, water, shelter, care, ventilation, space, exercise; veterinary treatment for injury, sickness, pain or suffering; and freedom from abuse and neglect, unsanitary conditions and excessive heat or cold.
One example of animal distress seen by the BC SPCA involved an animal owner keeping his horses in a fenced pasture where the owner thought they would be able to graze and drink from a stream. The owner provided no other shelter, food or water and the horses grew weak and thin. This situation resulted in animal distress; the owner should have provided adequate shelter, food and water.
When the SPCA investigates a report of an animal in distress, a special provincial constable (SPC) appointed under the Police Act may provide the owner with information about proper animal care as well as an opportunity to relieve the animal’s distress; give a written order to the owner outlining the steps that must be taken to relieve the distress; seize animals in need to veterinary care; or seize animals in distress if the owner or caretaker cannot be located. In certain situations, an SPC can make an application for a warrant to enter an owner’s property to search for animals in distress, seize animals in need of immediate care and collect evidence regarding the owner’s treatment of the animals.
If you have a farm dog, keep in mind that it is a Motor Vehicle Act offence to drive with your dog unsecured in the back of your farm pickup. The SPCA recommends a secured crate for your dog.
It is a crime under the Criminal Code for any person (whether owner or not) to intentionally harm an animal which includes injuring or endangering farm animals including cattle, pigs, sheep, goats, horses and mules; causing unnecessary pain or suffering; and abandonment.
If an owner is found guilty under the PCAA or the Criminal Code for animal cruelty, depending on the offence, the owner may be fined, jailed and/or forbidden to own animals for a specific time period or for life.
Many provinces have exempted the application of their provincial animal cruelty laws to farm animals where normal farming practices are carried out. In the PCAA, animal owners are excused where the animal “distress results from an activity that is carried on in accordance with reasonable and generally accepted practices of animal management that apply to the activity in which the person is engaged…”. This section typically applies to farm animals.
This column will provide you with general legal information, but you will need to see an advisor for legal advice.
Denese Espeut-Post is an Okanagan-based lawyer and owns Avery Law Office. Her primary areas of practice include wine and business law.