B-3.1 - Animal Welfare and Safety Act

Section 75 Disposition versions

2015-12-04

75. For the purposes of sections 65 to 70, in determining the amount of the fine, the judge takes into account such factors as

(1)  the seriousness of the harm or damage, or of the risk of harm or damage, to the safety or welfare of the animal;

(2)  the number of animals involved;

(3)  the duration of the offence;

(4)  the repetitive nature of the offence;

(5)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

(6)  the condition of the premises or vehicle where or in which the animal is kept or transported;

(7)  the personal characteristics of the offender;

(8)  whether the offender acted intentionally or was reckless or negligent;

(9)  the cost to society of repairing the injury or damage caused;

(10)  the revenues and other benefits derived by the offender from the offence; and

(11)  the failure to take reasonable measures to prevent the offence or limit its effects despite the offender’s financial ability to do so, given such considerations as the size of the offender’s undertaking and the offender’s assets, turnover and revenues.

A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.

2015, c. 35, s. 7.