Animal Protection Act changes suggested

Anyone convicted of cruelty to animals charges could face a $10,000-fine and/or two year's jail time under proposed changes to the Yukon's animal protection legislation.

Anyone convicted of cruelty to animals charges could face a $10,000-fine and/or two years’ jail time under proposed changes to the Yukon’s animal protection legislation.

Consultations on the suggested changes to the territory’s Animal Protection Act are set to get underway next week.

The first public meeting is set for April 28 at the Mt. Lorne Community Centre.

The 17 amendments would, among other things, give animal protection officers more power in everything from stopping vehicles to obtaining warrants.

Maximum fines and jail time provisions for animal cruelty would jump from the current $500 and/or six months’ jail time to $10,000 and/or two years in jail.

“Increasing the maximum fine would provide the court with broader penalty options; has been requested by key stakeholders; would bring the Yukon into line with the current maximum fine in the province and most recently amended animal protection legislation (Alberta),“ the consultation document reads.

“The proposed amendments aim to make the legislation clearer and easier to enforce, as well as to encourage compliance with the act,“ Community Services Minister Glenn Hart said in a statement Monday.

“Yukoners have told us this is an important piece of legislation and we are seeking their feedback on proposed amendments to make it better.“

The consultation document asks those responding if they support the definition of an animal being changed to include wildlife in captivity, which is under the care of a person.

Wildlife that’s not in captivity is governed under the Yukon Wildlife Act, it’s noted.

Among other changes, pest control would be exempted from the act.

There would also be provisions added to the act aimed at ensuring animals are transported safely, securely and humanely.

While both Whitehorse and Dawson have bylaws requiring the safe transport of animals, there’s currently no territorial legislation around it.

Owners or people in charge of an animal would also be required to stop their vehicles for, assist and/or provide information to animal protection officers who are enforcing the act.

“An animal protection officer observing an animal being unsafely transported in/on a vehicle needs authority to stop the vehicle in order to effectively enforce the law,“ the 32-page consultation document reads.

Officers would also be able to secure warrants by phone or other means of communications rather than only in person, as is the case now.

That would mean warrants can be obtained faster, especially in rural areas of the territory.

It’s proposed that animal protection officers have the authority to enter homes when accompanied by an RCMP officer and with a warrant, and that the RCMP receive authority to enter with reasonable grounds and under urgent circumstances with no warrant.

Animal protection officers would also take abandoned animals into custody.

They would have the authority to order an animal’s owner take specific actions deemed necessary in a required time frame, with the failure to comply as a punishable offence, the document reads.

That would replace the current provision, which gives the officer authority to only request that an animal’s owner take action.

Animals would also be kept in custody, with the Yukon Supreme Court’s approval, under the proposed amendments until any court proceedings under the act are complete.

“This option would allow the animal protection officer to ensure the safety and well-being of an animal while court proceedings are occurring,“ notes the document.

Those who injure or kill an animal with a vehicle would be required to contact an officer at the earliest opportunity following the collision under the proposed changes.

There are also provisions proposed around the funds coming from the sale of an animal seized under the act and that animals with a readable identification microchip held in custody under the act be kept a minimum of 10 days.

Those responsible for any animals that are destroyed under the act would be liable for any expenses incurred.

Finally, the legislation would see offences continuing for more than one day seen as separate offences for each day, and those aiding or encouraging another person to break the act charged as well.

There would also be a provision to protect anyone, including the Yukon government, for actions taken in good faith under the act or regulations.

In 2006, the government commissioned a review which found though the legislation was sound, it could be improved.

The public agitation for changes crested in the spring of 2006, when a Dawson City-area man fatally shot his 56 dogs.

In addition to the public meetings, information on the consultation process as well as a feedback section is available online at

http://www.community.gov.yk.ca until May 23.

Following the April 28 meeting, sessions are set for:
- April 29 at 7 p.m. in the Ibex Valley Fire Hall;

- May 1 at 7 p.m. in the Marsh Lake Community Centre;

- May 5 at 7 p.m. in the Tagish Community Centre;

- May 7 at 7 p.m. in Haines Junction inside council chambers;

- May 8 at 7 p.m. in Whitehorse at the Canada Games Centre;

- May 12 at 7 p.m. in Faro at the sports recreation centre;

- May 13 at 7 p.m. in Mayo at the Yukon government building;

- May 14 at 7 p.m. in Dawson at the Downtown Hotel;

- May 15 at 7 p.m. in Carmacks at the recreation centre;

- May 20 at 7 p.m. in the Carcross school library;

- May 21 at 7 p.m. in the Watson Lake recreation centre;

- May 22 at 7 p.m. in the Teslin recreation centre.