Animal Protection Laws

Animal Protection is offered under both provincial legislation and the Criminal Code of Canada (CCC). Alberta’s Animal Protection Act (APA) protects animals in distress due to neglect or abuse of their owner or caretaker. The Criminal Code refers to wilful acts of cruelty or neglect, either by the animals’ owner or by someone else.

In some cases of domestic violence where there is animal abuse in addition to spousal or child abuse, the animal abuse may be easier to prove or more readily reported by a victim or witness.

Alberta's Animal Protection Act

Section 2(1) of the Animal Protection Act (APA) states that “No person shall cause or permit an animal of which he is the owner or the person ordinarily in charge to be or to continue to be in distress.”

In the Act, an animal in distress is one that is:

(a) deprived of adequate shelter, ventilation, space, food, water or veterinary care or reasonable protection from injurious heat or cold,

(b) injured, sick, in pain or suffering, or

(c) abused or subjected to undue hardship, privation or neglect.

Peace Officers from the Alberta SPCA, the Calgary Humane Society and the Edmonton Humane Society are appointed by the Solicitor General and Minister of Public Security to enforce the APA. Penalties under the APA include prohibition from owning an animal and/or fines of up to $20,000.

Criminal Code of Canada

Sections 444 to 447 of the current Criminal Code of Canada deal with cruelty to animals. Section 264.1 makes it an offence to threaten animals. Most convictions for animal cruelty are under section 446:

446 (1) Every one commits an offence who

(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal …

Other subsections refer to wilful neglect, abandonment, poisoning, and other specific offences.

Cases covered by the CCC are usually investigated by Community Police or the RCMP, often in consultation with the appropriate SPCA or Humane Society. For a summary conviction offence under this section of the Criminal Code of Canada, the maximum penalty that a judge can impose is a $2000 fine and/or 6 months in jail.