The NL Animal Health and Protection ACT (The ACT) was passed in the legislature in May, 2012. The ACT was found to be deficient in a number of areas by animal rescue organizations and consumers. With the implementation of the ACT, the government also removed investigative and seizure authority from the SPCA. This petition calls on the Government of Newfoundland and Labrador to:

Amend the ACT to:

• implement tethering legislation

• implement stiffer penalties

• implement mandatory penalties for infractions of the ACT

• provide additional resources to credible Rescue organizations

• provide for training and deployment of additional and better trained      enforcement personnel

• Reverse the decision regarding suspension of investigative and seizure authority for the SPCA and include a provision to enable seizure and investigative authority for other credible Organizations and Groups with criteria for determining eligibility for investigative and seizure authority to be determined at a later date

• Abolish the use of gas chambers for euthanization in our province.

• Require all breeders to be licensed

• Make declawing of cats illegal

• Include a statement proving consequences for abandonment of animals.

• Include a Policy and Procedure Manual for implementation in training Enforcement Officers

In recent months, other provinces (Nova Scotia and New Brunswick) have implemented anti-tethering legislation. Under this legislation, dogs are no longer allowed to be tethered 24 hours a day. Between the hours of 11pm and 6am, tethering is limited to short periods (30 minutes max). We would like to see similar legislation implemented in Newfoundland and Labrador. This would limit nuisance complaints of dogs barking late into the night, as well as protect the well-being of the dog against the elements and potential predators.

Section 76 of the ACT states: “(1) A person who contravenes this Act or the regulations or an order, licence or permit made under this Act or the regulations is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000 and, in default of payment, to a term of imprisonment not exceeding 6 months, or to both a fine and imprisonment.” We believe that stiffer penalties should be enforced for breaches of the ACT. The maximum limit of possible fine is $50,000 however the majority of offences receive the minimum penalty.

While Section 76 gives a broad range of penalties under the ACT, we would like to see specific mandatory penalties for specific breaches of the ACT. Including but not limited to: a statement containing consequences for animal abandonment, specific penalties for injury to an animal, and specific penalties for causing death to an animal.

We would like government to include additional resources to credible animal rescue organizations, through funding, training or enforcement assistance. Further to this point, we would request that government provide for training and deployment of additional enforcement personnel, including the publication of a Policy and Procedure Manual for use by enforcement officers. In addition, we would request that municipal enforcement personnel work together with other municipalities such that when a complaint is received, a second enforcement officer from outside the local area can also investigate the complaint. We ask this to ensure that there is no favouritism in a situation where an enforcement officer is asked to investigate a friend or an acquaintance.

We request that investigative and seizure powers be given to the SPCA and provisions be made to enable seizure and investigative authority for other credible Organizations and Groups with criteria for determining eligibility for investigative and seizure authority to be determined at a later date. At least one representative of a rescue organization can be trained under provincial guidelines and can then investigate complaints of breaches of the ACT. This, or these, representative(s) would then have the same power of seizure under the ACT as a municipal inspector, police officer or provincial inspector.

Some municipalities in Newfoundland and Labrador still utilize the gas chamber as a method of euthanasia for unclaimed animals. We believe this method is outdated and inhumane. We would like this method to be removed from use in Newfoundland and Labrador, and replaced with more humane methods of euthanasia, where euthanasia is necessary.

All breeders in the province should be required to be licensed under the provincial government. Under this licensing program, breeders would be subject to at least yearly inspections, and face penalties in the same manner as any business for failures to adhere to guidelines.

Declawing of cats has been forbidden in many places in the world. The European Convention for the Protection of Pet Animals has banned the practice unless for valid veterinary reasons. Some countries including Finland, the Netherlands, Germany and Switzerland have totally banned the practice under animal cruelty laws. The practice of declawing cats is extremely painful for the cat, and can have serious long term consequences. We believe that this process is unnecessary under most circumstances and should be banned in Newfoundland and Labrador unless recommended by a veterinarian for a valid medical reason.

We, the undersigned, petition the Government of Newfoundland and Labrador to consider the points made above and make changes to legislation accordingly.