49 (1) Every person is guilty of an offence who, (a)  contravenes, (i)  section 13 (Standards of care and administrative requirements for animals), (ii)  subsection 15 (3) (Exposure to undue risk of distress), (iii)  section 20 (Restricted animal possession or breeding), (iv)  section 21 (Prescribed activities), (v)  section 22 (Prescribed procedures), (vi)  section 23 (Prescribed items), (vii)  section 26 (Assisting inspector during inspection), (viii)  subsection 27 (6) (Subject of demand), (ix)  subsection 30 (4) (Required compliance with order), (x)  subsection 30 (6) (Change of ownership), (xi)  subsection 30 (7) (Change of ongoing custody), or (xii)  subsection 34 (7) (No obstruction); (b)  contravenes or fails to comply with an order of the Board; or (c)  knowingly provides false or misleading information to the Chief Animal Welfare Inspector or to another animal welfare inspector. 2019, c. 13, s. 49 (1); 2023, c. 12, Sched. 6, s. 11 (1, 2). Major offences (2) Every person is guilty of an offence who contravenes, (a)  subsection 15 (1) (Causing distress); (b)  subsection 15 (2) (Permitting distress); (c)  section 16 (Animal fighting prohibitions); (d)  section 17 (Harming law enforcement or service animal); (e)  section 18 (Prohibited animal possession or breeding); or (f)  section 19 (Prohibition on orca possession and breeding). 2019, c. 13, s. 49 (2). Penalty — individual, minor offences (3) On conviction under subsection (1), an individual is liable, (a)  in the case of a first offence, to a fine of not more than $75,000, to imprisonment for a term of not more than six months, or to both; or (b)  in the case of a second or subsequent offence, to a fine of not more than $100,000, to imprisonment for a term of not more than one year, or to both. 2019, c. 13, s. 49 (3). Penalty — individual, major offences (4) On conviction under subsection (2), an individual is liable, (a)  in the case of a first offence, to a fine of not more than $130,000, to imprisonment for a term of not more than two years, or to both; or (b)  in the case of a second or subsequent offence, to a fine of not more than $260,000, to imprisonment for a term of not more than two years, or to both. 2019, c. 13, s. 49 (4). Penalty — corporation, minor offences (5) On conviction under subsection (1), a corporation is liable, (a)  in the case of a first offence, to a fine of not more than $100,000; or (b)  in the case of a second or subsequent offence, to a fine of not more than $250,000. 2019, c. 13, s. 49 (5). Penalty — corporation, major offences (6) On conviction under subsection (2), a corporation is liable, (a)  in the case of a first offence, to a fine of not more than $500,000; or (b)  in the case of a second or subsequent offence, to a fine of not more than $1,000,000. 2019, c. 13, s. 49 (6). Minimum penalty for certain offences (7) The following offences have a minimum penalty of $25,000: 1.  Causing an animal to be in distress in contravention of subsection 15 (1), if the conduct that caused distress resulted in either of the following: i.  The death of the animal. ii.  The euthanization of the animal after a veterinarian determines it is the most humane course of action. 2.  Permitting an animal to be in distress in contravention of subsection 15 (2), if the conduct or omission resulted in either of the following: i.  The death of the animal. ii.  The euthanization of the animal after a veterinarian determines it is the most humane course of action. 3.  Contravening subsection 16 (1) or (2) (Animal fighting prohibitions). 4.  Contravening section 17  (Harming law enforcement or service animal). 2019, c. 13, s. 49 (7). Penalty — directors, officers (8) Every director or officer of a corporation who authorized, permitted or participated in the corporation’s commission of an offence under this Act is also guilty of the offence and on conviction is liable to the same penalty to which an individual is liable for the offence, whether or not the corporation has been prosecuted or convicted. 2019, c. 13, s. 49 (8). Prohibition order (9) If a person is convicted of an offence listed in subclause (1) (a) (i), (ii), (iii), (iv), (v), (vi) or (ix) or subsection (2), the court making the conviction may, in addition to any other penalty, make an order prohibiting the convicted person and, if the convicted person is a corporation, the directors and officers of the corporation described in subsection (8), from owning, having custody or care of, or living with any animal, or any kind of animal specified in the order, for any period of time specified in the order, including, in the case of an individual, for the remainder of the person’s life and, in the case of a corporation, forever. 2019, c. 13, s. 49 (9). Restitution order (10) If a person is convicted of an offence listed in subclause (1) (a) (i), (ii), (iii), (iv), (v) or (ix) or subsection (2), the court making the conviction may, in addition to any other penalty, make an order that the convicted person pay the whole or any part of the cost of providing food, care or treatment to an animal that was the victim of the offence of which the convicted person was convicted. 2019, c. 13, s. 49 (10). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 49 (10) of the Act is amended by striking out “the cost of providing food, care or treatment to an animal” and substituting “the costs incurred in relation to an animal”. (See: 2023, c. 12, Sched. 6, s. 11 (3)) Other orders (11) If a person is convicted of an offence listed in subclause (1) (a) (i), (ii), (iii), (iv), (v), (vi) or (ix) or subsection (2), the court making the conviction may, in addition to any other penalty, make any other order that the court considers appropriate, including an order that the convicted person undergo counselling or training. 2019, c. 13, s. 49 (11). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 11 (1) - 01/10/2023;
2023, c. 12, Sched. 6, s. 11 (2) - 08/06/2023;
2023, c. 12, Sched. 6, s. 11 (3) - 01/01/2024