B-3.1, r. 0.1 - Regulation respecting the welfare and safety of domestic companion animals and equines

À jour au 3 août 2022

Ce document a valeur officielle.

not in force

chapter B-3.1, r. 0.1

Regulation respecting the welfare and safety of domestic companion animals and equines

Animal Welfare and Safety Act

(chapter B-3.1, s. 64, pars. 2 to 5, 6, subpars. a, b and e, pars. 8 to 13, 16, 17 and 20).

In force: 2024-02-10

1. The main purpose of this Regulation is to establish standards for the custody and care of domestic companion animals and equines to ensure their welfare and safety.

In this Regulation, “domestic companion animal” means cats or dogs and their hybrids, as well as a companion animal of one of the following species and their hybrids: rabbits, ferrets, guinea pigs or companion pigs.

O.C. 1445-2022, s. 1.

In force: 2024-02-10

PART I CUSTODY AND CARE OF DOMESTIC COMPANION ANIMALS AND EQUINES

O.C. 1445-2022, Part I.

In force: 2024-02-10

2. This Part applies to the owner or custodian of the animal concerned.

The following persons are exempt from the application of this Part:

(1)  the owner or custodian of an animal for which a veterinary surgeon issued a notice stating that the application is contraindicated, given its state of health or when veterinary treatment is planned;

(2)  a person acting as part of veterinary medicine activities, except as regards the requirements provided for in section 16.

O.C. 1445-2022, s. 2.

In force: 2024-02-10

CHAPTER I DOMESTIC COMPANION ANIMALS

O.C. 1445-2022, c. I.

In force: 2024-02-10

DIVISION I GENERAL CUSTODY AND CARE PROVISIONS

O.C. 1445-2022, Div. I.

In force: 2024-02-10

3. In addition to what is provided for in section 5 of the Animal Welfare and Safety Act (chapter B-3.1), the place of custody and equipment used for the custody and care of animals must also

(1)  be made of durable, non-toxic, solid and stable materials;

(2)  be free of mould;

(3)  be consistent with the animal’s biological needs;

(4)  be in good condition, with no parts jutting out and no sharp edges or other potential causes of injury;

(5)  allow the animal to have access at all times to an area that is dry, clean, comfortable, sufficiently large and has a full floor, 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 direct sunlight, drafts and loud noise;

(6)  where the place of custody includes an exercise yard, it must be large enough for the animal to run with ease;

(7)  prevent the animal kept therein from escaping; and

(8)  prevent the intrusion of any other animal that may harm the animal kept therein.

In addition, except in the case of a dwelling house, floors in the place of custody, the lower portions of walls with which an animal may come into contact, must

(1)  be free of holes other than those for the elimination of urine and clean-up water; and

(2)  allow liquids to drain or be absorbed quickly and entirely.

O.C. 1445-2022, s. 3.

In force: 2024-02-10

4. When carrying on commercial activities involving animals, such as a breeding or raising operation or dog sledding activities, in a pet shop or an animal boarding establishment, or on premises where domestic companion animals are taken in for the purpose of transferring them to a new place of custody, euthanizing them or having them euthanized by a third person, the owner or custodian of an animal must comply with the following requirements, which are added to the requirements provided for in section 3:

(1)  the place of custody and the equipment must be easy to clean and disinfect;

(2)  floors and the lower portions of walls, interior enclosures and cages with which an animal may come into contact must be made of non-porous materials.

O.C. 1445-2022, s. 4.

In force: 2024-02-10

5. Water and food to which an animal has access must be clean, fresh and free of contaminants.

O.C. 1445-2022, s. 5.

In force: 2024-02-10

6. The place of custody, the equipment and the animal’s immediate surroundings must be kept clean and free of any waste, product, object or material that poses a threat to the animal’s health, safety or welfare.

Feces, urine and soiled matter must be regularly removed from indoor and outdoor areas so as to prevent their accumulation, the appearance of odours and the contamination of the animals.

O.C. 1445-2022, s. 6.

In force: 2024-02-10

7. The place of custody and the equipment must be cleaned and disinfected with enough frequency to limit the risk to the health or welfare of the animals. In addition, the disinfection method must

(1)  be preceded by a cleaning that includes the removal of all organic matter;

(2)  only include chemicals, cleaning products and disinfectants adapted to existing environmental conditions and to infectious agents that may harm the animals; the products must be used safely and in accordance with the manufacturer’s instructions.

O.C. 1445-2022, s. 7.

In force: 2024-02-10

8. The control of destructive rodents, insects or other vermin must be carried out as soon as their presence is detected in the place of custody.

O.C. 1445-2022, s. 8.

In force: 2024-02-10

9. An animal kept mostly leashed or confined in a cage, an enclosure, a yard or any other restricted space must have access, inside their containment area, to a daily source of environmental enrichment.

In this Regulation, “source of environmental enrichment” means the act of providing a diverse environment adapted to the biological needs of the animal, allowing in particular for it to meet its needs to explore, make choices or amuse itself, for example, by providing it with various toys, objects to chew, different rest areas or opportunities to experience and explore its environment.

O.C. 1445-2022, s. 9.

In force: 2024-02-10

10. It is prohibited to keep an animal mostly outdoors if its morphology, coat, age, health and adaptation level to heat or cold are such that the animal is not 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. 1445-2022, s. 10.

In force: 2024-02-10

11. Where the temperature on the premises, whether indoor or outdoor, where the animal is kept is lower than 10 °C, the animal must have access to an adapted shelter, the size of which must allow it to turn around and maintain its body temperature, such as a doghouse, and the floor of which is covered with a clean and dry insulation material, made in particular from straw or untreated wood chips.

In addition, an animal kept mostly outdoors must have access at all times to a doghouse or shelter serving as such that complies with the following requirements in addition to those provided for in section 3:

(1)  it is made of corrosion resistant materials;

(2)  it has a waterproof roof and walls, a floor raised off the ground and an opening through which the animal can enter at all times;

(3)  it is designed and built so that the animal is protected from bad weather;

(4)  it has a flat, clean and dry floor.

The inside of the doghouse or shelter serving as such is not considered to be an area referred to in subparagraph 5 of the first paragraph of section 3.

O.C. 1445-2022, s. 11.

In force: 2024-02-10

12. The inside of the place of custody must be ventilated so as to prevent the concentration of contaminants. The level of ammonia must be below 25 parts per million (ppm).

O.C. 1445-2022, s. 12.

In force: 2024-02-10

13. The indoor temperature and humidity rate of the place of custody must be maintained at a level that meets the biological needs of the animal therein. The humidity rate must be between 30% and 70%.

Where the temperature inside the place of custody or equipment exceeds 27 °C in the case of cats, dogs, rabbits, guinea pigs and companion pigs, or 29 °C in the case of ferrets, an animal other than an animal with special biological needs must not be left in an enclosed space, such as a vehicle, or in an enclosed equipment without having an effective way to get away from the heat. The opening of the vehicle’s windows is not considered an effective way to get away from the heat.

O.C. 1445-2022, s. 13.

In force: 2024-02-10

14. An animal must be groomed and its claws and teeth must be kept of an adequate length and shape so as to avoid disease and to prevent the animal from having difficulty feeding, experiencing discomfort, suffering injury or having poor posture or gait.

O.C. 1445-2022, s. 14.

In force: 2024-02-10

15. The following animals must be kept separate:

(1)  animals that are incompatible, in particular because of their species, behaviour, aggressiveness or any other factor;

(2)  unless the owner or custodian intends to have the animal breed, a female in heat and a non-castrated male of breeding age.

O.C. 1445-2022, s. 15.

In force: 2024-02-10

16. Unless recommended by a veterinary surgeon for therapeutic reasons, it is prohibited to perform or have performed the following surgeries:

(1)  tail docking;

(2)  devocalization;

(3)  ear cropping, except as part of a Trap-Neuter-Release-Maintain (TNRM) program for stray cats implemented by a municipality, a veterinary clinic or an animal protection organization;

(4)  onychectomy, tendonectomy, tenonectomy or any other surgical procedure intended to prevent the normal wear of the animal’s claws.

O.C. 1445-2022, s. 16.

In force: 2024-02-10

17. Animals must be euthanized

(1)  in a place away from other animals; and

(2)  by a veterinary surgeon or under the veterinary surgeon’s supervision, where the owner or custodian holds a permit issued by the Minister under the Animal Welfare and Safety Act (chapter B-3.1).

Euthanasia by inhalation is prohibited.

O.C. 1445-2022, s. 17.

In force: 2024-02-10

18. An animal’s carcass must be removed without delay from the immediate environment of other animals in order to avoid physical, visual or olfactory contact between the animals and the carcass.

O.C. 1445-2022, s. 18.

In force: 2024-02-10

DIVISION II SPECIAL PROVISIONS APPLICABLE TO CONFINEMENT AND RESTRAINT EQUIPMENT

O.C. 1445-2022, Div. II.

In force: 2024-02-10

§ 1 . — Special provisions concerning confinement equipment

O.C. 1445-2022, Sd. 1.

In force: 2024-02-10

19. Confinement equipment must

(1)  be sufficiently ventilated;

(2)  include a lateral wall with an opening large enough to allow the animal to see outside with ease and to easily be seen; and

(3)  include a flat floor that has an incline not exceeding 4%, be non slippery and sufficiently rigid for the animal to stand up without it sagging, and designed so that the animal cannot pass through it or get stuck in it.

O.C. 1445-2022, s. 19.

In force: 2024-02-10

20. Except when it is used for transportation, confinement equipment must be sufficiently large for the animal to stand up and sit normally, turn around easily and lie on its side with its legs fully extended. In addition, where the equipment is used more than 10 hours per day, the animal must be able to get into the positions mentioned in this paragraph without part of its body touching the sides or ceiling of the equipment.

In the case of confinement equipment used to keep a rabbit, the equipment must also measure at least 3 times the length of the animal.

O.C. 1445-2022, s. 20.

In force: 2024-02-10

21. Confinement equipment must be laid out so as not to soil one another.

O.C. 1445-2022, s. 21.

In force: 2024-02-10

§ 2 . — Special provisions concerning restraint equipment

O.C. 1445-2022, Sd. 2.

In force: 2024-02-10

22. The owner or custodian must have taken the necessary measures to prevent the equipment used to tie the animal to its place of custody, such as a chain or rope, from getting stuck or shortened, in particular by installing swivels.

In addition, the equipment must comply with the following requirements:

(1)  it does not cause discomfort for the animal and allows it to adopt a normal posture at all times, raise its head with ease and stand up on its hind legs;

(2)  allow the animal to move about freely and safely within the limits of its length;

(3)  where the equipment is used for a period of more than 30 minutes, it must also be at least 3 m long or be 5 times the length of the animal, whichever is shorter.

O.C. 1445-2022, s. 22.

In force: 2024-02-10

23. Tying an animal with a rope, a chain or a leash wound around its neck without a collar is prohibited.

O.C. 1445-2022, s. 23.

In force: 2024-02-10

24. The animal’s collar, harness, halter or any other restraint equipment must not hamper the animal’s breathing, or cause it pain or injury.

O.C. 1445-2022, s. 24.

In force: 2024-02-10

25. The use of a collar equipped with protruding pointed or sharp spikes turned toward the inside, such as a prong or spike collar, is prohibited. Where an animal is left unattended or is kept leashed, making it wear a choke collar or a muzzle is also prohibited.

O.C. 1445-2022, s. 25.

In force: 2024-02-10

DIVISION III SPECIAL CUSTODY AND CARE PROVISIONS APPLICABLE TO CATS AND DOGS

O.C. 1445-2022, Div. III.

In force: 2024-02-10

26. A cat that is kept mostly indoors must have access to a litter box that

(1)  contains a sufficient amount of substrate to allow the cat to bury its dejecta and prevent the appearance of excessive foul odours;

(2)  is adapted so that the cat can engage in its normal elimination behaviour such as scratching, digging, crouching, turning around, burying and covering;

(3)  is sufficiently high for the cat to enter and exit with ease and well adapted to the cat’s biological needs.

O.C. 1445-2022, s. 26.

In force: 2024-02-10

27. Except during transportation, a cat must have access at all times to a surface on which it can sharpen its claws or scratch, and to a hiding spot. The requirement relating to a surface on which a cat can sharpen its claws or scratch does not apply to pet shops, animal boarding establishments, grooming salons or premises where animals 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, if the animal is kept there less than 2 months.

O.C. 1445-2022, s. 27.

In force: 2024-02-10

28. If a cat is kept in confinement equipment, it must be able to exit its cage for a minimum of 1 hour per day in order to move and jump freely, except in the case of a kitten 4 weeks of age or less and its mother. That requirement does not apply to pet shops, animal boarding establishments, grooming salons or premises where animals 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, if the animal is kept there less than 2 months.

O.C. 1445-2022, s. 28.

In force: 2024-02-10

29. If a dog is kept leashed or confined in a cage, an enclosure or any other restricted space, it must be able to exercise for a minimum of 1 hour per day in a place separate from its main place of custody, except in the case of a pup 4 weeks of age or less and its mother, or a dog that has been declared potentially dangerous or is in the process of being evaluated for the purpose of being declared potentially dangerous under the Regulation respecting the application of the Act to promote the protection of persons by establishing a framework with regard to dogs (chapter P-38.002, r. 1) and being kept temporarily on premises where 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. That exercise may take the form of a walk on a leash, free access to an area inside a building, or free access to an exercise yard.

O.C. 1445-2022, s. 29.

In force: 2024-02-10

30. A dog over 12 weeks of age must have direct, active and positive contact with humans, for a minimum of 30 minutes per day, alone or simultaneously with a few other animals, outside its place of confinement if the owner or custodian cannot physically enter that place, except in the case of a dog that has been declared dangerous or is in the process of being evaluated for the purpose of being declared dangerous under the Regulation respecting the application of the Act to promote the protection of persons by establishing a framework with regard to dogs (chapter P-38.002, r. 1) and being kept temporarily on premises where 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.

A pup or a kitten 3 to 12 weeks of age must have direct, active and positive contact with humans for a minimum of 20 minutes, alone or simultaneously with a few other animals, twice a day.

Time spent maintaining the equipment and premises, as well as time required for feeding, may not be recorded for the purposes of the first and second paragraphs. The contact prescribed in this section may be recorded for the purposes of sections 28 and 29.

O.C. 1445-2022, s. 30.

In force: 2024-02-10

31. Mating between parents and their litter or between siblings is prohibited. Mating between animals that are incompatible, in particular because of their respective size, is also prohibited.

O.C. 1445-2022, s. 31.

In force: 2024-02-10

32. The minimum age at first mating must be

(1)  18 months, or as of the second estrus cycle, whichever comes first, in the case of a female dog; and

(2)  9 months in the case of a female cat.

O.C. 1445-2022, s. 32.

In force: 2024-02-10

33. The maximum number of litters that a female may have is limited to

(1)  3 per 2-year period in the case of a dog, of which a maximum of 2 result from consecutive estrus cycles; and

(2)  2 per year in the case of a cat.

Before mating again, a female must have returned to its optimal body condition.

O.C. 1445-2022, s. 33.

In force: 2024-02-10

34. Where the owner or custodian wishes to have 2 animals mate, the animals must be separated from other animals, if applicable, and supervision must be exercised. The animals must be physically separated after mating or when supervision ends, then checked for injuries and treated if necessary.

O.C. 1445-2022, s. 34.

In force: 2024-02-10

35. Not later than 1 week before the date on which the female is expected to give birth, it must be separated from other animals in an area that is calm and suitable for giving birth where it can freely access its litter. The portion of the floor accessible to the litter in that area must be full. The female must be kept separated for 4 weeks after giving birth.

O.C. 1445-2022, s. 35.

In force: 2024-02-10

36. The litter may not be separated from their mother before the age of 8 weeks, but the mother must be able to isolate from the litter if needed.

O.C. 1445-2022, s. 36.

In force: 2024-02-10

37. The owner or custodian of 5 or more cats or dogs must, where an animal has signs of contagious disease, separate that animal from healthy animals so as to prevent contagion.

Animals of unknown state of health must be quarantined.

Equipment used during separation or quarantine must be cleaned and disinfected daily.

O.C. 1445-2022, s. 37.

In force: 2024-02-10

DIVISION IV SPECIAL CUSTODY AND CARE PROVISIONS APPLICABLE TO RABBITS, FERRETS, GUINEA PIGS AND COMPANION PIGS

O.C. 1445-2022, Div. IV.

In force: 2024-02-10

38. Rabbits, ferrets, guinea pigs and companion pigs must have access at all times to fresh water.

O.C. 1445-2022, s. 38.

In force: 2024-02-10

39. It is prohibited to feed a companion pig meat or meat by-products, or food suspected of containing meat or meat by-products, or to allow a companion pig to have access to such foods.

O.C. 1445-2022, s. 39.

In force: 2024-02-10

40. A rabbit or a guinea pig must have access at all times to fodder and to at least 1 object on which to gnaw.

O.C. 1445-2022, s. 40.

In force: 2024-02-10

41. A cage or enclosure with a solid floor or a main place of custody where a guinea pig, a rabbit or a ferret is kept must contain a sufficient amount of substrate acting as clean litter adapted to the species that does not irritate the skin or respiratory tract or, in the case of a ferret or a rabbit, a litter box filled with adequate substrate.

O.C. 1445-2022, s. 41.

In force: 2024-02-10

42. The main place of custody of a guinea pig, a rabbit or a ferret must contain hiding spots that

(1)  are in a sufficient number for the animals kept and allow the animals therein to hide simultaneously; and

(2)  are laid out so that animals cannot get stuck in them and so that they remain accessible.

O.C. 1445-2022, s. 42.

In force: 2024-02-10

43. The owner or custodian of a rabbit, a ferret, a guinea pig or a companion pig must provide the animal with the stimulation, socialization and environmental enrichment that are consistent with its biological needs.

O.C. 1445-2022, s. 43.

In force: 2024-02-10

44. A rabbit, a ferret or a guinea pig kept confined in a cage must be let out of the cage at least 5 times per week, on different days, for a minimum of 30 minutes, to move about freely.

The requirements provided for in the first paragraph do not apply in the following cases:

(1)  the cage has an exercise area without partitions of a minimum of 3 m long by 2 m wide;

(2)  the animal is kept less than 2 months in a pet shop, boarding establishment or premises where animals 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. 1445-2022, s. 44.

In force: 2024-02-10

45. A female ferret not intended for breeding must be sterilized before the age of 8 months.

O.C. 1445-2022, s. 45.

In force: 2024-02-10

46. A female rabbit, ferret, guinea pig or companion pig that is gestating or has given birth must have access at all times to a substrate appropriate for nesting and, in the case of a female rabbit or ferret, to a nesting box.

O.C. 1445-2022, s. 46.

In force: 2024-02-10

47. A female rabbit, ferret, guinea pig or companion pig that is gestating must be separated from non-castrated males not later than the day preceding the date on which it is expected to give birth and at least until the litter is weaned, that is

(1)  until the age of 4 weeks in the case of a rabbit;

(2)  until the age of 6 weeks in the case of a ferret;

(3)  until the age of 2 weeks in the case of a guinea pig; and

(4)  until the age of 8 weeks in the case of a companion pig.

In addition, during that period, the litter must not be separated from their mother, but the mother must be able to isolate from the litter if needed.

O.C. 1445-2022, s. 47.

DIVISION V SPECIAL CUSTODY AND CARE PROVISIONS APPLICABLE IN A PET SHOP OR AS PART OF COMMERCIAL BREEDING OR RAISING OPERATIONS OF CATS, DOGS, RABBITS, FERRETS, GUINEA PIGS AND COMPANION PIGS

O.C. 1445-2022, Div. V.

48. As part of commercial breeding or raising operations of cats and dogs, the maximum number of animals of those species over 6 months of age that may be kept on the same premises or by a same owner or custodian is 50.

O.C. 1445-2022, s. 48.

In force: 2024-02-10

49. The operator of premises where commercial breeding or raising operations are carried on must have every cat or dog held undergo a veterinary examination before mating it for the first time.

In addition, as soon as the animal reaches the age of 7 years, an annual veterinary examination is required if the animal continues to breed.

During the examination mentioned in the first and second paragraphs, where the veterinary surgeon issues a recommendation that the animal must not breed due to health or behaviour problems, in particular aggressiveness, excessive fear or high levels of anxiety, the animal must be sterilized at the age recommended by the veterinary surgeon.

O.C. 1445-2022, s. 49.

In force: 2024-02-10

50. Unless the buyer has been given prior notice in writing and has indicated acceptance in writing, it is prohibited to sell a domestic animal or allow a domestic companion animal to be sold if

(1)  its imprinting is inexistent or insufficient or its socialization is inexistent;

(2)  it is unable to feed or drink on its own; or

(3)  it shows apparent signs of illness, injury or limiting congenital malformations.

For the purposes of subparagraph 1 of the first paragraph, “imprinting” means the process occurring in the early stages of an animal’s life by which the animal learns to recognize the distinctive characteristics of its own species.

O.C. 1445-2022, s. 50.

In force: 2024-02-10

51. It is prohibited to give away or sell a companion animal or allow a companion animal to be given away or sold to a person under 16 years of age, unless the person is accompanied by the person having parental authority.

O.C. 1445-2022, s. 51.

In force: 2024-02-10

CHAPTER II EQUINES

O.C. 1445-2022, c. II.

In force: 2024-02-10

52. The owner or custodian of an equine must comply with the generally recognized rules that are the requirements of the “Code of Practice for the Care and Handling of Equines”, published by the National Farm Animal Care Council, except those relating to keeping records or to receipts of treatments provided, and the implementation of a parasite control program and a written biosecurity and disease management plan.

The Code is however adapted by adding the requirement that, in the place of confinement of an equine, the substrate used as litter must be in sufficient quantity to absorb urine and encourage the animal to lie down.

O.C. 1445-2022, s. 52.

In force: 2024-02-10

CHAPTER III SPECIAL PROVISIONS PERTAINING TO THE PREMISES WHERE DOMESTIC COMPANION ANIMALS AND EQUINES 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. 1445-2022, c. III.

In force: 2024-02-10

53. An animal with signs of contagious disease must be separated or, when it is of unknown state of health, quarantined. The separation must take place

(1)  in a closed room specifically reserved for that purpose, in the case of a domestic companion animal; and

(2)  in a facility specifically reserved for that purpose, in the case of an equine.

The room reserved for the separation of domestic companion animals must be separate from the room reserved for their quarantine.

O.C. 1445-2022, s. 53.

In force: 2024-02-10

54. The equipment used to keep and care for an animal that has been separated or quarantined must be laid out so as to prevent direct contact between animals and that they become contaminated. It must be cleaned and disinfected before it is used on a new animal, and every day in the presence of a diseased animal or an animal with parasites.

O.C. 1445-2022, s. 54.

In force: 2024-02-10

55. Traffic between isolation and quarantine areas and the other areas of the place of custody must be controlled so as to prevent the spread of disease or parasites.

O.C. 1445-2022, s. 55.

In force: 2024-02-10

CHAPTER IV SPECIAL PROVISIONS PERTAINING TO TEACHING OR SCIENTIFIC RESEARCH ACTIVITIES

O.C. 1445-2022, c. IV.

In force: 2024-02-10

56. This Part does not apply to teaching or scientific research activities carried on in compliance with the generally recognized rules that are the applicable guidelines published by the Canadian Council on Animal Care.

O.C. 1445-2022, s. 56.

In force: 2024-02-10

57. For the purposes of this Chapter, cats, dogs, rabbits, ferrets, guinea pigs, companion pigs and their hybrids, used in teaching or scientific research activities are considered to be domestic companion animals even if they do not live with a human, in particular in their home, as a companion and for enjoyment purposes.

O.C. 1445-2022, s. 57.

In force: 2024-02-10

PART II ADMINISTRATIVE

O.C. 1445-2022, Part II.

In force: 2024-02-10

CHAPTER I PERMITS

O.C. 1445-2022, c. I.

In force: 2024-02-10

DIVISION I CLASSES OF PERMIT

O.C. 1445-2022, Div. I.

In force: 2024-02-10

58. The permit as the owner or custodian of 15 or more cats or dogs referred to in section 16 of the Animal Welfare and Safety Act (chapter B-3.1) includes the following classes:

(1)  owner or custodian of 15 to 49 cats or dogs;

(2)  owner or custodian of 50 or more cats or dogs.

O.C. 1445-2022, s. 58.

In force: 2024-02-10

DIVISION II EXEMPTIONS

O.C. 1445-2022, Div. II.

In force: 2024-02-10

59. The following are exempted from the obligation to hold a permit referred to in section 16 of the Animal Welfare and Safety Act (chapter B-3.1):

(1)  a veterinary surgeon in the exercise of the profession;

(2)  the operator of a transportation enterprise, for the duration of the transportation;

(3)  an owner or custodian holding a Certificate of Good Animal Practice issued by the Canadian Council on Animal Care;

(4)  a person having temporary custody of animals during an animal show or competition.

O.C. 1445-2022, s. 59.

In force: 2024-02-10

DIVISION III ISSUE AND RENEWAL

O.C. 1445-2022, Div. III.

In force: 2024-02-10

60. An owner or custodian who applies for the issue or renewal of a permit must provide the Minister with the following information and documents, using the form provided for that purpose:

(1)  the name, address and contact information of the applicant and, in the case of a legal person, partnership or association without legal personality, those of the director or partner duly mandated to submit the application;

(2)  if applicable, the business number assigned to the applicant under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(3)  the address of each place where an animal is kept;

(4)  the class of permit sought;

(5)  a description of the activities involving animals carried on in each place;

(6)  the number of persons assigned and the time allocated to the care of animals, per day and by place of custody;

(7)  in the case of a permit referred to in section 16 of the Animal Welfare and Safety Act (chapter B-3.1), the number of cats or dogs, by species and place of custody, of which the applicant is the owner or custodian, excluding any kittens or pups less than 6 months of age kept on the same premises as their mother;

(8)  in the case of a permit referred to in section 19 of the Animal Welfare and Safety Act, an estimate of the maximum number of animals covered by the permit that may be kept in the place of custody;

(9)  a statement by the applicant that he or she has not, in the 5 years preceding the application, been found guilty of a criminal or penal offence in relation to the treatment of animals or the illegal possession of animals, or proof of rehabilitation or pardon.

Every permit application must include an attestation to the truthfulness of the information and documents provided under the first paragraph and be signed by the person submitting the application.

O.C. 1445-2022, s. 60.

In force: 2024-02-10

61. An application for the issue or renewal of a permit is deemed to be received only if it contains all the required information and documents and includes the fees and costs payable under section 64.

O.C. 1445-2022, s. 61.

In force: 2024-02-10

62. The holder of a permit must inform the Minister in writing of any change affecting the information or documents required under section 60, except the information referred to in subparagraphs 6 to 8 of the first paragraph of that section, within 15 days after the change occurs.

O.C. 1445-2022, s. 62.

In force: 2024-02-10

63. A permit is renewed if

(1)  the applicant has sent to the Minister the information and documents required under section 60;

(2)  the fees and costs payable under section 64 have been paid to the Minister of Finance.

O.C. 1445-2022, s. 63.

In force: 2024-02-10

DIVISION IV FEES AND COSTS

O.C. 1445-2022, Div. IV.

In force: 2024-02-10

64. The costs for opening a file are $129 for each application for the issue of a permit.

The fees payable for the issue or renewal of a permit are

(1)  $121 for the “owner or custodian of 15 to 49 cats or dogs” class permit provided for in paragraph 1 of section 58;

(2)  $272 for the “owner or custodian of 50 or more cats or dogs” class permit provided for in paragraph 2 of section 58;

(3)  $272 for the permit to operate premises where cats, dogs or equines are taken in referred to in section 19 of the Animal Welfare and Safety Act (chapter B-3.1); the fee is reduced to $121 if the applicant is a non-profit legal person.

The fees and costs payable are non-reimbursable.

O.C. 1445-2022, s. 64.

In force: 2024-02-10

65. The fees and costs payable are adjusted on 1 April each year by the annual rate of change in the average all-items Consumer Price Index for Québec excluding alcoholic beverages, tobacco products and recreational cannabis 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 the fees or costs below their pre-adjustment level.

If an adjusted amount cannot be rounded up to the nearest dollar, the annual adjustments are deferred and accumulated until the fees or costs payable include a dollar fraction that is equal to or greater than $0.50.

The Minister publishes the results of an adjustment made under this section in Part 1 of the Gazette officielle du Québec and by any other means the Minister considers appropriate.

O.C. 1445-2022, s. 65.

In force: 2024-02-10

CHAPTER II REGISTER

O.C. 1445-2022, c. II.

In force: 2024-02-10

66. The operator of a pet shop, the owner or custodian of a cat or dog as part of commercial breeding or raising operations and the holder of a permit issued under the Animal Welfare and Safety Act (chapter B-3.1) must, for each cat, dog or equine of which they are the owner or custodian, enter the following information in a register without delay:

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

(2)  an indication whether the animal has been sterilized;

(3)  if the animal is identified by any permanent identifying mark, its identification code and the number of the municipality registration tag, if applicable, or, if the animal is not identified by a permanent identifying mark, a unique distinctive feature;

(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 number of any valid permit issued to the previous owner or custodian by the Minister under the Animal Welfare and Safety Act;

(5)  if the animal is female, for each time it gave birth, an identification of the male with which it mated, the dates on which it gave birth and the number of offspring in each litter, whether live-born or still-born;

(6)  an identification of the parents born on site;

(7)  in the case of a cat or dog referred to in section 49, the date of the veterinary examinations;

(8)  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, as applicable, along with the permit number issued to the new owner or custodian by the Minister under the Animal Welfare and Safety Act.

O.C. 1445-2022, s. 66.

In force: 2024-02-10

67. In addition to the information mentioned in section 66, the register kept by the holder of a permit referred to in section 19 of the Animal Welfare and Safety Act (chapter B-3.1) must include an annual compilation containing

(1)  the number of animals that were taken in, by species and by reason for admission;

(2)  the number of animals that were returned to their owners;

(3)  the number of animals that were adopted or transferred;

(4)  out of the number of animals returned to their owners, adopted or transferred, the number that, while in the custody of the permit holder, were respectively vaccinated, dewormed or identified with a permanent mark, and the number of male and female animals sterilized;

(5)  the number of animals that died, listed by probable cause;

(6)  the number of animals that were euthanized and the reasons for euthanasia; and

(7)  the approximate average time during which animals were kept at the establishment, in number of days and listed by species.

O.C. 1445-2022, s. 67.

In force: 2024-02-10

68. The register must be kept for the duration of the ownership or custody of the animal and for 24 months following the end of that period. The register must be available in the place of custody at all times for consultation by the Minister or by an inspector duly appointed by the Minister.

O.C. 1445-2022, s. 68.

PART III TRANSITIONAL AND FINAL

O.C. 1445-2022, Part III.

In force: 2024-02-10

69. Pending applications for the issue or renewal of permits under a permit referred to in sections 16 and 19 of the Animal Welfare and Safety Act (chapter B-3.1) are governed by this Regulation.

An application for the renewal of those permits is however governed as in the case of an application for issue, except as regards the payment of the costs for opening a file.

O.C. 1445-2022, s. 69.

70. Despite section 48 of this Regulation, a person who, before 25 August 2022, carries on commercial breeding or raising operations of cats or dogs and holds a permit as the owner or custodian of 50 or more cats or dogs referred to in section 1.2 of the Regulation respecting the safety and welfare of cats and dogs (chapter P-42, r. 10.1) or whose application for the renewal of that permit is pending may continue to hold more than 50 animals of those species for as long as the Minister does not suspend, cancel or refuse to renew that permit. The maximum number of animals that may be kept by that person is the number held by that person on 25 August 2022.

O.C. 1445-2022, s. 70.

In force: 2024-02-10

71. Despite section 49 of this Regulation, an operator who holds, on 10 February 2024, a cat or dog that has already been mated must have the animal undergo a veterinary examination before the next mating. If that operator holds, on 10 February 2024, more than 15 cats or dogs, the operator is not required to carry out all the veterinary examinations required at that time. All the animals held by the operator and intended for breeding must have undergone a veterinary examination not later than 10 August 2024.

O.C. 1445-2022, s. 71.

In force: 2024-02-10

72. This Regulation replaces the Regulation respecting the safety and welfare of cats and dogs (chapter P-42, r. 10.1).

O.C. 1445-2022, s. 72.

73. (Omitted).

O.C. 1445-2022, s. 73.

REFERENCES

O.C. 1445-2022, 2022 G.O. 2, 3212