P-42, r. 10.1 - Regulation respecting the safety and welfare of cats and dogs

Full text
chapter P-42, r. 10.1
Regulation respecting the safety and welfare of cats and dogs
ANIMAL HEALTH PROTECTION — SAFETY AND WELFARE OF CATS AND DOGS
Animal Health Protection Act
(chapter P-42, s. 55.9.14.1)
P-42
Animal Welfare and Safety Act
(chapter B-3.1, s. 64)
B-3.1
April 1 2016
The fees prescribed in the Regulation have been indexed as of 1 April 2017 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 18 March 2017, page 336. (ss. 1.7, 1.8)
O.C. 1188-2011; S.Q. 2015, c. 35, s. 7.
CHAPTER I
OBJECT
1. This Regulation establishes standards for the keeping of cats (Felis catus) and their hybrids, and the keeping of dogs (Canis familiaris) and their hybrids, in order to provide for their safety and welfare.
O.C. 1188-2011, s. 1.
CHAPTER I.1
PERMITS
O.C. 1021-2013, s. 1.
DIVISION I
CLASSES OF PERMIT
O.C. 1021-2013, s. 1.
§ 1.  — Permit as the owner or custodian of 15 to 49 cats or dogs
O.C. 1021-2013, s. 1.
1.1. The owner or custodian of 15 to 49 cats or dogs must hold a permit issued for that purpose by the Minister.
O.C. 1021-2013, s. 1.
§ 2.  — Permit as the owner or custodian of 50 or more cats or dogs
O.C. 1021-2013, s. 1.
1.2. The owner or custodian of 50 or more cats or dogs must hold a permit issued for that purpose by the Minister.
O.C. 1021-2013, s. 1.
DIVISION II
ISSUE AND RENEWAL OF PERMITS
O.C. 1021-2013, s. 1.
1.3. An application for the issue of a permit must be made in writing and contain the following information and documents:
(1)  the name, address and contact information of the applicant and, in the case of a legal person, partnership, association or organization, those of its representative;
(2)  the business number assigned to the applicant pursuant to the Act respecting the legal publicity of enterprises (chapter P-44.1);
(3)  the address of each place of custody and a description of the activities carried on there;
(4)  for the permit provided for in section 55.9.4.1 of the Animal Health Protection Act (chapter P-42) and the permit as the owner or custodian of 50 or more cats or dogs, a scale plan of the place of custody, its outbuildings and the land on which it is located. The plan must
(a)  describe in detail the use of each building and outbuilding;
(b)  indicate the floor and wall dimensions and specify the materials used to cover the floor and the lower portions of the walls with which the animals may come into contact; and
(c)  describe the equipment used for restraint or confinement, specifying the number of pieces of equipment;
(5)  for the permit provided for in section 55.9.4.1 of the Animal Health Protection Act, an estimate of the maximum number of animals, by species, that may be housed in the place of custody;
(6)  for all classes of permits as the owner or custodian of 15 or more animals, the number of animals, by species and place of custody, of which the applicant is the owner or custodian, excluding any kittens or pups less than 6 months old born to a female kept on the same premises;
(7)  the number of persons, by place of custody, assigned to care for the animals;
(8)  the signature of the applicant or the applicant’s representative.
The application must also include a euthanasia protocol or expressly mention that euthanasia will be carried out exclusively by a veterinary surgeon or under his or her immediate supervision.
O.C. 1021-2013, s. 1.
1.4. An application for the issue of a permit must include payment to the Minister of Finance and the Economy of the fees and costs for opening a file.
O.C. 1021-2013, s. 1.
1.5. A permit is renewed if the permit holder
(1)  applies for renewal to the Minister in writing before the date on which the permit expires;
(2)  pays the fees payable to the Minister of Finance and the Economy; and
(3)  attests that the information submitted to the Minister in the application for the issue of the permit is still accurate, or specifies any change affecting the information.
The application for renewal must be signed by the permit holder or the permit holder’s representative.
O.C. 1021-2013, s. 1.
1.6. A permit holder must inform the Minister in writing of any change affecting the information or documents submitted at the time of the application for the issue of the permit, within 15 days of the change.
O.C. 1021-2013, s. 1.
DIVISION III
FEES AND COSTS PAYABLE
O.C. 1021-2013, s. 1.
1.7. The costs for opening a file are $124 for each application for the issue of a permit.
O.C. 1021-2013, s. 1.
1.8. The fees payable for the issue or renewal of a permit are
(1)  $265 for a permit provided for in section 55.9.4.1 of the Animal Health Protection Act (chapter P-42); the fee is reduced to $118 if the applicant is listed as a charity by the Canada Revenue Agency;
(2)  $118 for a permit as the owner or custodian of 15 to 49 cats or dogs; and
(3)  $265 for a permit as the owner or custodian of 50 or more cats or dogs.
O.C. 1021-2013, s. 1.
1.9. The fees and costs payable are adjusted on 1 April each year by the annual rate of change in the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period ending on 30 September of the preceding year.
Adjusted amounts are rounded down to the nearest dollar if they include a dollar fraction that is less than $0.50, or up to the nearest dollar if they include a dollar fraction that is equal to or greater than $0.50. The application of this rounding rule may not operate to decrease a fee below its pre-adjustment level.
If an adjusted amount cannot be rounded up to the nearest dollar, the annual adjustments are deferred and accumulated until the fee payable includes a dollar fraction that is equal to or greater than $0.50.
The Minister publishes the results of an adjustment made pursuant to this section in Part 1 of the Gazette officielle du Québec and by any other means the Minister considers appropriate.
O.C. 1021-2013, s. 1.
CHAPTER I.2
OTHER EXEMPTIONS
O.C. 1021-2013, s. 1.
1.10. The following are exempted from the application of section 55.9.4.2 of the Animal Health Protection Act (chapter P-42):
(1)  a veterinary surgeon in the exercise of his or her profession;
(2)  any person who, in a situation of superior force, has temporary custody of animals;
(3)  the operator of a transportation enterprise, for the duration of the transportation;
(4)  an operator holding a Certificate of Good Animal Practice issued by the Canadian Council on Animal Care;
(5)  a person having temporary custody of animals during an animal show or competition.
O.C. 1021-2013, s. 1.
CHAPTER II
PROVISIONS APPLICABLE TO CERTAIN OWNERS OR CUSTODIANS OF ANIMALS
2. The owner or custodian of at least 5 animals 6 months old or older of the same species kept in one location must comply with the requirements of this Chapter.
The same applies to the owner or custodian keeping one or more animals, regardless of the animal’s age,
(1)  on the premises of a commercial activity such as a breeding operation, a pet shop, a grooming salon, an animal boarding establishment, or a training school;
(2)  on premises where cats or dogs are taken in with a view to transferring them to a new place of custody, euthanizing them or having them euthanized by a third person; or
(3)  in the kennel or cattery of a laboratory or an academic institution.
Every owner or custodian of a cat or dog is bound by the requirements of sections 3 and 4, 12, 22 to 27 and 43.
O.C. 1188-2011, s. 2; O.C. 1021-2013, s. 2.
2.1. The owner or custodian of an animal is not required to comply with any provision of Chapter II if he or she has a written opinion from a veterinary surgeon specifying that the application is not recommended for the animal, given its state of health or when veterinary treatment is planned.
The opinion of the veterinary surgeon must
(1)  be signed and dated and indicate the veterinary surgeon’s permit number;
(2)  indicate the name and contact information of the animal’s owner or custodian;
(3)  describe the animal in question so that it is recognizable by its owner or custodian or by an inspector;
(4)  state the requirement from which the animal’s owner or custodian is temporarily exempted;
(5)  state the period during which the owner or custodian is exempted from the requirement provided for in subparagraph 4; and
(6)  be kept by the animal’s owner or custodian during the period stated under subparagraph 5.
O.C. 1021-2013, s. 3.
2.2. A veterinary surgeon is not required to comply with any provision of Chapter II whose application is not recommended for the animal, given its state of health or when veterinary treatment is planned.
O.C. 1021-2013, s. 3.
DIVISION I
FOOD AND WATER
3. Food and drinking water to which an animal has access must be clean, fresh and free of contaminants such as feces, urine and litter.
O.C. 1188-2011, s. 3.
4. Snow and ice are not a source of drinking water that meets the animal’s biological needs.
An animal’s biological needs are its needs relating, in particular, to its species, age, growth stage, size, level of physical activity and state of health, to the fact that it is gestating or lactating, and to its adaptation level to heat or cold.
O.C. 1188-2011, s. 4.
DIVISION II
SHELTER
§ 1.  — Buildings
5. A building in which an animal is kept must be built and maintained so as to not present a risk for the animal’s safety. The building must
(1)  be weatherproof;
(2)  protect the animal from the adverse effects of the sun, and from drafts; and
(3)  prevent escape by the animal and the intrusion of any other animal.
For the purposes of this Regulation, a building is any structure or part of a structure in which an animal is kept, including a barn, shed, hangar or garage. A vehicle used for holding animals is considered to be a building.
O.C. 1188-2011, s. 5.
6. Floors in the building, and the lower portions of walls with which an animal may come into contact, must
(1)  be made of non-porous, non-toxic, smooth, durable materials that can be washed and disinfected easily, and are mould and corrosion resistant;
(2)  be in good condition and free of holes other than those for urine drainage, with no parts jutting out and no sharp edges or other potential causes of injury.
O.C. 1188-2011, s. 6.
7. Liquids such as urine and clean-up water must drain quickly and entirely from the building’s floor.
O.C. 1188-2011, s. 7.
8. The building’s indoor temperature and humidity rate must be compatible with the animal’s biological needs.
O.C. 1188-2011, s. 8.
9. The building must be ventilated and the air renewed to prevent the concentration of contaminants such as ammonia and dust.
O.C. 1188-2011, s. 9.
10. The intensity and duration of the lighting in a building in which an animal is kept must be compatible with the animal’s biological needs.
They must also be sufficient for an inspection of the premises and their equipment and of the animal kept there.
O.C. 1188-2011, s. 10.
11. The requirements of sections 6 and 7 do not apply in the case of a dwelling house.
O.C. 1188-2011, s. 11; O.C. 1021-2013, s. 4.
§ 2.  — Rest area
12. An animal must have access at all times to a rest area that is dry, clean, full, comfortable and sufficiently large to allow the animal to lie on its side with its legs fully extended.
The area must provide shelter from elements that may stress the animal or harm its health, including bad weather, sun, drafts, loud noise and harmful gases.
O.C. 1188-2011, s. 12.
§ 3.  — Cages and enclosures
13. Cages, except cages used for the transportation of animals, and enclosures must be sufficiently large for the animal to stand up and sit normally, turn around easily, stretch out full length and lie on its side with its legs fully extended.
A cage is a container for confining an animal, usually having a floor, a ceiling and 4 walls at least 1 of which is a mesh or trellis or has openings over most of its surface. A cage may be portable or fixed.
An enclosure is an enclosed area for confining an animal, but not large enough for a dog to run. An enclosure may be indoor or outdoor.
O.C. 1188-2011, s. 13.
14. Cages and enclosures must
(1)  be made of non-porous, non-toxic, durable materials that can be washed and disinfected easily, and are mould and corrosion resistant;
(2)  be in good condition, safe and free of parts jutting out and sharp edges or other potential causes of injury;
(3)  be solid and stable;
(4)  be built and installed to prevent the escape of the animal and any injury or stress inflicted by another animal not kept in the same cage or enclosure;
(5)  have at least 1 side through which the custodian can easily observe the animal and the animal can see outside; and
(6)  be built and installed so as not to obstruct air circulation.
O.C. 1188-2011, s. 14.
15. Cages and enclosures must be installed so as not to become soiled by feces, urine or waste from another cage or enclosure.
O.C. 1188-2011, s. 15.
16. When an animal is kept in a cage or enclosure, the floor must be in good condition and comply with the following requirements:
(1)  the floor is flat and has a non-slip surface;
(2)  the floor supports the animal without sagging; and
(3)  the animal’s paws cannot pass through or get stuck in the spaces between its constituent parts or in the holes.
If the floor is made of wire mesh or trellis, it must be coated with synthetic material to prevent injuries or discomfort for the animal, such as plastic.
O.C. 1188-2011, s. 16; O.C. 1021-2013, s. 5.
17. The slope of the floor of a cage or enclosure may not be greater than 4%.
O.C. 1188-2011, s. 17.
§ 4.  — Yard
18. A yard must
(1)  be built to prevent the animal from escaping and to prevent the infliction of an injury or stress by another animal not kept in the same yard;
(2)  have a surface that drains easily;
(3)  if outdoors, contain an area large enough to protect the animal from bad weather and the adverse effects of the sun; and
(4)  have a fence with posts and wire mesh, if applicable, and all other components, that are in good condition and free of parts jutting out and sharp edges or other potential causes of injury.
A yard is an enclosed area in which a number of animals can run free together. A yard may be indoor or outdoor.
O.C. 1188-2011, s. 18; O.C. 1021-2013, s. 6.
19. The requirements of section 18 do not apply in the case of a municipal park intended for animals.
O.C. 1188-2011, s. 19; O.C. 1021-2013, s. 7.
§ 5.  — Equipment
20. An animal’s food and water containers or dispensers must
(1)  be appropriate to the animal’s physical characteristics, particularly body size and muzzle shape and size;
(2)  be easy to clean and disinfect;
(3)  be made of a non-toxic material, in good condition, solid and easily accessible, and free of potential causes of injury; and
(4)  be designed and installed to avoid spills and contamination.
O.C. 1188-2011, s. 20.
21. Cats that are kept indoors must have access at all times to a litter box that
(1)  is made of a non-toxic material that can be washed and disinfected easily;
(2)  is in good condition, free of parts jutting out and sharp edges or other potential causes of injury; and
(3)  contains a sufficient amount of regularly-replaced absorbent litter, to avoid odours and the accumulation of feces and urine.
O.C. 1188-2011, s. 21.
§ 6.  — Animals kept mostly outdoors
22. An animal may be kept mostly outdoors if its morphology, coat, age, health and adaptation level to heat or cold are such that the animal is adequately protected from the weather conditions to which it is exposed.
Where an animal’s adaptation level to heat or cold is unknown, the owner or custodian must plan for a gradual acclimatization period to being kept outdoors.
O.C. 1188-2011, s. 22.
23. A dog kept mostly outdoors must have a doghouse or shelter serving as such that complies with the following requirements:
(1)  it is made of durable, non-toxic, corrosion resistant materials;
(2)  it has a waterproof roof and walls, a floor raised off the ground and an opening through which the dog can enter at all times;
(3)  it is in good condition, free of parts jutting out and sharp edges or other potential causes of injury;
(4)  it is solid and stable;
(5)  its size allows the dog to turn around and maintain its body temperature in cold weather; and
(6)  it is designed and built so that the dog is protected from bad weather.
O.C. 1188-2011, s. 23.
24. The inside of a doghouse or shelter serving as such is not considered to be a shaded area.
O.C. 1188-2011, s. 24.
§ 7.  — Restraints
25. A restraint such as a chain or a rope that is used to attach an animal outdoors must
(1)  not be liable to get stuck or shortened, in particular by wrapping itself around an object;
(2)  not cause discomfort for the animal, in particular because of its weight;
(3)  allow the animal to move about freely and safely; and
(4)  allow the animal to reach its food and water.
O.C. 1188-2011, s. 25.
26. The animal’s collar must not hamper the animal’s breathing, or cause it pain or injury.
O.C. 1188-2011, s. 26.
27. Muzzled animals must not be left unattended.
O.C. 1188-2011, s. 27.
§ 8.  — Cleanliness and safety
28. An animal’s cage, enclosure, yard, doghouse or shelter serving as such and immediate surroundings must be free of any product, object or material that poses a threat to its safety.
O.C. 1188-2011, s. 28.
29. A building, cage, enclosure, yard, doghouse or shelter serving as such in which an animal is kept, and the animal’s immediate surroundings including any equipment and accessories, must be kept clean and free of waste, and in particular of accumulations of feces and urine.
O.C. 1188-2011, s. 29.
30. Articles used to clean the building, cage, enclosure, yard, doghouse or shelter serving as such and immediate surroundings in which an animal is kept, including accessories and any object with which the animal may come into contact, must be kept clean.
O.C. 1188-2011, s. 30.
31. Products used to clean and disinfect the animal’s immediate surroundings and objects which may come into contact with the animal, its water or food, must be used according to the manufacturer’s recommendations.
O.C. 1188-2011, s. 31.
32. The owner or custodian of an animal must prepare, keep up to date and implement a cleaning, disinfecting and vermin control protocol for the building where the animal is kept, its outbuildings, cages, enclosures or yards, including equipment and accessories. The protocol must indicate
(1)  the frequency of cleaning and disinfecting;
(2)  the order in which cleaning and disinfecting must be done;
(3)  the cleaning products and disinfectants to be used as well as their concentration, surface contact time and rinsing method; and
(4)  the vermin control procedure to be used.
The protocol must be kept on the premises where the animal is kept and made available to any person who cares for the animal.
This section does not apply to the owner or custodian of an animal kept in a dwelling house.
O.C. 1188-2011, s. 32; O.C. 1021-2013, s. 8.
33. An animal’s carcass must be removed without delay from the immediate environment of other animals.
O.C. 1188-2011, s. 33.
DIVISION III
MISCELLANEOUS
§ 1.  — Prevention
34. The following animals must be kept separate:
(1)  incompatible animals;
(2)  aggressive animals; and
(3)  a female in heat and a non-castrated male of breeding age.
Despite the foregoing, the owner or custodian of an animal may keep a female in heat and a non-castrated male of breeding age together solely for the time required for them to mate.
O.C. 1188-2011, s. 34.
35. Animals with parasites or symptoms of disease must be separated from other animals.
Animals of unknown state of health must be quarantined.
Any person required to hold a permit provided for in section 55.9.4.2 of the Animal Health Protection Act (chapter P-42) who keeps 15 or more animals in one location must ensure that the location is designed in a way that allows an animal with parasites or symptoms of disease to be separated, or quarantined when the animal is of unknown state of health.
O.C. 1188-2011, s. 35; O.C. 1021-2013, s. 9.
36. An animal must be groomed and have its claws trimmed frequently enough to avoid disease, discomfort, injury and poor posture or gait.
O.C. 1188-2011, s. 36.
§ 2.  — Exercise
37. Animals must exercise, in keeping with their age and physical condition.
O.C. 1188-2011, s. 37.
38. The owner or custodian of an animal must draw up, update and implement an exercise protocol. The protocol must be kept on the premises where the animal is kept and made available to every person who cares for the animal.
This section does not apply to an animal that is kept at liberty in a dwelling house or in a grooming salon or veterinary establishment to receive care.
O.C. 1188-2011, s. 38; O.C. 1021-2013, s. 10.
§ 3.  — Gestating and lactating animals
39. Females giving birth and females nursing a litter must be kept separate from other animals for one month following the birth of the litter, in a cage or enclosure in which
(1)  a portion of the floor accessible to litter is full;
(2)  the spacing between the bars is close enough to prevent kittens or puppies from escaping or from causing themselves harm.
O.C. 1188-2011, s. 39.
40. Females must have ongoing access to their kittens or puppies until they are weaned.
Despite the foregoing, females must be able to isolate themselves from their litter if they wish.
O.C. 1188-2011, s. 40.
41. A new-born kitten or puppy must be kept at a temperature suitable for its biological needs.
Where a source of artificial heat is used to warm a kitten or puppy, it must not be liable to cause it injury.
O.C. 1188-2011, s. 41.
42. No kitten or puppy may be weaned before the age of 8 weeks by the owner or custodian.
O.C. 1188-2011, s. 42.
§ 4.  — Euthanasia
43. (Implicitly revoked).
O.C. 1188-2011, s. 43; O.C. 1021-2013, s. 11; I.N. 2016-04-01.
44. Animals must be euthanized in a place away from other animals.
O.C. 1188-2011, s. 44; O.C. 1021-2013, s. 12.
DIVISION IV
REGISTER
O.C. 1188-2011, div. IV; O.C. 1021-2013, s. 13.
45. For each animal kept, the owner or custodian must record the following information in a register and keep it up to date:
(1)  a description of the animal, including species, breed or crossbreed, colour, gender and date of birth or, if unknown, probable date of birth specifically indicated as probable;
(2)  an indication whether the animal has been sterilized;
(3)  if the animal is identified by any permanent identifying mark, its identification code;
(4)  if the animal was not born with its current owner or custodian, the reason and date of its arrival, and the name and contact information of its previous owner or custodian, along with the permit number issued to the previous owner or custodian by the Minister pursuant to this Regulation;
(5)  if the animal is female, the dates on which it gave birth and the number of kittens or puppies in each litter, whether live-born or still-born; and
(6)  the date of the animal’s death, or of its final departure to a new owner or custodian and the name and contact information of the new owner or custodian in the case of an owner or custodian referred to in the first or second paragraph of section 2, along with the permit number issued to the previous owner or custodian by the Minister pursuant to this Regulation.
O.C. 1188-2011, s. 45; O.C. 1021-2013, s. 13.
46. The register provided for in section 45 must be kept for 2 years after the date of the last entry.
O.C. 1188-2011, s. 46; O.C. 1021-2013, s. 13.
47. The owner or custodian of an animal must record in the register, accurately and legibly, all of the information required to be kept in the register provided for in section 45.
O.C. 1188-2011, s. 47; O.C. 1021-2013, s. 13.
48. Grooming salons, animal board establishments, training schools and veterinary establishments are exempted from keeping the register provided for in section 45.
O.C. 1188-2011, s. 48; O.C. 1021-2013, s. 13.
CHAPTER III
PROVISIONS APPLICABLE TO OPERATORS OF PREMISES WHERE CATS OR DOGS ARE TAKEN IN WITH A VIEW TO TRANSFERRING THEM TO A NEW PLACE OF CUSTODY, EUTHANIZING THEM OR HAVING THEM EUTHANIZED BY A THIRD PERSON
O.C. 1188-2011, chap. III; O.C. 1021-2013, s. 14.
49. In addition to complying with the requirements of Chapter II, the operator of premises where cats or dogs are taken in with a view to transferring them to a new place of custody, euthanizing them or having them euthanized by a third person must comply with the requirements of this Chapter.
O.C. 1188-2011, s. 49; O.C. 1021-2013, s. 14.
50. For the purposes of section 35, a building where cats or dogs are taken in with a view to transferring them to a new place of custody, euthanizing them or having them euthanized by a third person must include an isolation room and a quarantine room.
O.C. 1188-2011, s. 50; O.C. 1021-2013, s. 14.
51. Cages and enclosures located in isolation and quarantine rooms must be designed and installed so as to reduce the risk of contamination to a minimum and avoid direct contact between animals.
O.C. 1188-2011, s. 51; O.C. 1021-2013, s. 14.
52. Cages and enclosures located in isolation and quarantine rooms, including their equipment and accessories, must be disinfected prior to housing a new animal and must be disinfected daily during disease or parasite outbreaks.
O.C. 1188-2011, s. 52; O.C. 1021-2013, s. 14.
53. Traffic between isolation and quarantine rooms and the other sections of the building must be limited, and all other reasonable means to prevent the spread of disease or parasites must be implemented.
O.C. 1188-2011, s. 53; O.C. 1021-2013, s. 14.
53.1. Each operator must file a report on its operations for the preceding calendar year with the Minister no later than 31 March each year, setting out
(1)  the number of animals that were taken in and the reason for their admission;
(2)  the number of animals that were returned to their owners, and the number adopted or transferred to another location;
(3)  out of the number of animals returned to their owners, adopted or transferred, the number that, while in the custody of the operator, were respectively vaccinated, dewormed or identified with a permanent mark, and the number of male and female animals sterilized;
(4)  the number of animals that died, listed by probable cause;
(5)  the number of animals that were euthanized and the reason for euthanasia;
(6)  the number of animals taken in that disappeared; and
(7)  the minimum, maximum and average time during which animals were kept at the establishment.
O.C. 1021-2013, s. 14.
CHAPTER IV
(Revoked)
O.C. 1188-2011, chap. IV; O.C. 1021-2013, s. 15.
54. (Revoked).
O.C. 1188-2011, s. 54; O.C. 1021-2013, s. 15.
CHAPTER V
(Revoked)
O.C. 1188-2011, chap. V; O.C. 1021-2013, s. 15.
55. (Revoked).
O.C. 1188-2011, s. 55; O.C. 1021-2013, s. 15.
56. (Revoked).
O.C. 1188-2011, s. 56; O.C. 1021-2013, s. 15.
CHAPTER VI
FINAL
57. (Omitted).
O.C. 1188-2011, s. 57.
REFERENCES
O.C. 1188-2011, 2011 G.O. 2, 3658
O.C. 1021-2013, 2013 G.O. 2, 3079