P-42 - Animal Health Protection Act

Section 55.9.11 Disposition versions

2015-12-04

55.9.11. (Repealed).

1993, c. 18, s. 6; 2012, c. 18, s. 12; 2015, c. 35, s. 7.

2012-06-15

55.9.11. Upon the service of a statement of offence, the seizor shall, except where an agreement has been made with the owner or custodian of the animal, apply to a judge for permission to dispose of the animal.

Prior notice of the application, of at least three clear days, shall be served on the person from whom the animal was seized, and he may contest the application.

The judge shall rule on the application taking into consideration the safety and welfare of the animal and, where applicable, the expenses caused by the continuation of seizure. He may order that the animal be returned to the person from whom it was seized, that it be kept under seizure until a final judgment, or that it be donated, sold or slaughtered. If he orders that it be returned, the return may take place only upon payment of the expenses incurred as a result of the seizure, including expenses for treatment, medication, transportation and veterinary services. If he orders that it be sold, the product of the sale is remitted to the person from whom the animal was seized, after deduction of the expenses incurred for its keep. If he orders that the animal be kept under seizure until a final judgment is made, he shall order the person from whom the animal was seized to pay to the seizor, in addition to previous expenses incurred as a result of the seizure, including expenses for treatment, medication, transportation and veterinary services, an advance on future expenses for the animal’s keep in accordance with the terms and conditions fixed by him.

The judge may order that the animal be confiscated if the applicant fails to comply with the terms and conditions of payment of the advance, and he shall return the animal to the seizor for disposal.

1993, c. 18, s. 6; 2012, c. 18, s. 12.

2004-12-08

55.9.11. Upon the service of a statement of offence, the seizor shall, except where an agreement has been made with the owner or custodian of the animal, apply to a judge of the Court of Québec or of a municipal court for permission to dispose of the animal.

Prior notice of the application, of at least three clear days, shall be served on the person from whom the animal was seized, and he may contest the application.

The judge shall rule on the application taking into consideration the safety and welfare of the animal and, where applicable, the expenses caused by the continuation of seizure. He may order that the animal be returned to the person from whom it was seized, that it be kept under seizure until a final judgment, or that it be sold or slaughtered. If he orders that it be returned, the return may take place only upon payment of the expenses incurred for the animal’s keep. If he orders that it be sold, the product of the sale is remitted to the person from whom the animal was seized, after deduction of the expenses incurred for its keep. If he orders that the animal be kept under seizure until a final judgment is made, he shall order the person from whom the animal was seized to pay to the seizor, in addition to previous expenses incurred for the animal’s keep, an advance on future expenses for the animal’s keep in accordance with the terms and conditions fixed by him.

The judge may order that the animal be confiscated if the applicant fails to comply with the terms and conditions of payment of the advance, and he shall return the animal to the seizor for disposal.

1993, c. 18, s. 6.