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

Updated to 1 September 2012

This document has official status.

chapter P-42, r. 10.1

Regulation respecting the safety and welfare of cats and dogs

Animal Health Protection Act

(chapter P-42, s. 55.9.14.1).

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 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 held by an establishment; or

(3)  in the kennel or cattery of a laboratory or an academic institution.

An establishment is any person who collects cats or dogs to transfer them to new premises or euthanize them or have them euthanized, including pounds, animal houses and organizations dedicated to protecting animals.

O.C. 1188-2011, s. 2.

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. Sections 6 and 7 do not apply to a dwelling house.

O.C. 1188-2011, s. 11.

§ 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. An animal may be kept in a cage or enclosure with a floor in good condition and that complies 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.

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 intended for animals to exercise 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.

19. Section 18 does not apply to municipal parks intended for the exercise of animals.

O.C. 1188-2011, s. 19.

§ 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, cage, enclosure or yard in which the animal is kept, 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 looks after it, and to an inspector on request.

This section does not apply to a dwelling house.

O.C. 1188-2011, s. 32.

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. To prevent the spread of disease and parasites, animals with symptoms of disease must be separated from other animals.

Animals of unknown state of health must be quarantined.

An animal’s state of health is determined on the basis of known information about its health, including information about administered vaccines and wormers, diagnosed illnesses and observed symptoms.

O.C. 1188-2011, s. 35.

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 for the animal. The protocol must be kept on the premises where the animal is kept and made available to every person who cares for the animal and to an inspector on request.

This section does not apply to an animal that is kept at liberty in a dwelling house, in a grooming salon, or in a veterinary clinic or hospital to receive care.

O.C. 1188-2011, s. 38.

§ 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. When an animal is euthanized, its owner or custodian must ensure that the circumstances and the method used are not cruel and cause the animal a minimum of anxiety and pain. The euthanasia method chosen must result in rapid and irreversible loss of consciousness, followed quickly by death.

The owner or custodian must also ensure that the absence of vital signs is determined immediately following euthanasia.

O.C. 1188-2011, s. 43.

44. No animal may be euthanized in the presence of another animal.

O.C. 1188-2011, s. 44.

DIVISION IV REGISTER

45. For each animal kept, the owner or custodian must maintain an up-to-date register containing

(1)  a description of the animal, including species, breed or crossbreed, colour, gender and date of birth or, if unknown, approximate date of birth;

(2)  an indication whether the animal has a microchip implant, along with the microchip number or a tattoo number, if the animal has one, and any other number used by the owner or custodian to identify the animal;

(3)  if the animal was not born with its current owner or custodian, the date of its arrival, and the name, address and telephone number of its previous owner or custodian;

(4)  the dates when females give birth and the number of kittens or puppies of each of their litter; and

(5)  the date of the animal’s death, or of its final departure to a new owner or custodian and the name, address and telephone number of the new owner or custodian in the case of an owner or custodian referred to in section 2.

O.C. 1188-2011, s. 45.

46. The register provided for in section 45 must be kept at the place where the animal is kept for 2 years after the animal’s death or after its transfer to a new custodial location.

The register must be given to an inspector on request.

O.C. 1188-2011, s. 46.

47. The owner or custodian of the animal must record in the register, accurately and legibly, all of the information required by section 45.

O.C. 1188-2011, s. 47.

48. Grooming salons, animal board establishments and veterinary clinics and hospitals are exempted from keeping the register provided for in section 45.

O.C. 1188-2011, s. 48.

CHAPTER III PROVISIONS APPLICABLE TO ESTABLISHMENTS

49. In addition to complying with the requirements of Chapter II, the custodian of an animal kept on premises held by an establishment must comply with the requirements of this Chapter.

O.C. 1188-2011, s. 49.

50. For the purposes of section 35, a building kept by an establishment must include an isolation room and a quarantine room.

O.C. 1188-2011, s. 50.

51. Cages and enclosures used 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.

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 outbreaks.

O.C. 1188-2011, s. 52.

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 must be implemented.

O.C. 1188-2011, s. 53.

CHAPTER IV OTHER PROVISIONS APPLICABLE TO ALL OWNERS AND CUSTODIANS OF AN ANIMAL

54. Sections 3, 4, 12, 22 to 27 and 43 apply to all owners and custodians of a cat or a dog.

O.C. 1188-2011, s. 54.

CHAPTER V EXEMPTION FROM VETERINARY SURGEONS

55. The owner or custodian of an animal is not required to comply with any provision of Chapter II whose application, as attested in the written opinion of a veterinary surgeon, 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 licence 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 under subparagraph 4; and

(6)  be kept by the animal’s owner or custodian for the period stated under subparagraph 5 and made available to an inspector on request.

O.C. 1188-2011, s. 55.

56. Veterinary surgeons are not required to comply with any provision of Chapter II whose application is not recommended for an animal in their custody, given its state of health or when veterinary treatment is planned.

O.C. 1188-2011, s. 56.

CHAPTER VI FINAL

57. (Omitted).

O.C. 1188-2011, s. 57.

REFERENCES

O.C. 1188-2011, 2011 G.O. 2, 3658