Standards of Care for Cats and Dogs Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/apstandards.htm

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Standards of Care for Cats and Dogs Regulations
made under Section 39 of the

Animal Protection Act

S.N.S. 2008, c. 33

N.S. Reg. 182/2014 (November 27, 2014, effective December 2, 2014)

Citation

1     These regulations may be cited as the Standards of Care for Cats and Dogs Regulations.

Application of these regulations

2     (1)    Except as provided in subsection (2), these regulations apply to every owner orcaretaker of a cat or dog.

 

       (2)    These regulations do not apply with respect to a cat or dog that is being cared for at aveterinarian facility in any of the categories set out in Section 70 of the VeterinaryMedical Regulations made under the Veterinary Medical Act.

Definitions

3     In these regulations,

 

“Act” means the Animal Protection Act;

 

“animal” means a cat or a dog;

 

“pen” means an outdoor enclosure used to confine an animal by means of a fence,wall or natural structure in order to prevent the animal from leaving a property;

 

“shelter” means a structure, such as a dog house, shed, hangar, barn or garage, or partof such a structure, to which an animal has access;

 

“tether” means a rope or similar material that is attached on one end to the neck,head or body of an animal for restraint or control and is affixed at the other end to astationary object.

General standards of care

4     (1)    For the purposes of clause 2(2)(a) of the Act,

 

                (a)    water is adequate if it meets all of the following criteria:
 
                         (i)     it is clean, fresh, potable, unfrozen water of a drinkable temperature,
 
                         (ii)    it is accessible by an animal in sufficient volume, taking into account theweather and temperature, to maintain normal hydration for the age,species, condition, size and type of the animal, or in a volume prescribedby a veterinarian;
 
                (b)    food is adequate if it meets all of the following criteria:
 
                         (i)     it is accessible to an animal in sufficient quantities and nutritive value toenable the animal to maintain healthy growth and a healthy body weightfor the age, breed, condition and size of the animal, or in quantities ornutritive value prescribed by a veterinarian,

 

                         (ii)    it is provided at suitable intervals for the species, age, and condition ofthe animal, but at least once daily, or at intervals prescribed by aveterinarian.

 

       (2)    An animal’s owner or caretaker must ensure that a receptacle or container that isintended for providing food or water to the animal is usable and designed and placedin a manner that prevents spillage, injury and contamination.
 
       (3)    An animal’s owner or caretaker must ensure that the animal receives regulargrooming and claw care.
 
       (4)    An animal’s owner or caretaker must ensure that a collar or restraining device that isused on the animal meets all of the following requirements:

 

                (a)    it must be well-fitted;
 
                (b)    it must be appropriate to the age and size of the animal;
 
                (c)    it must not hamper the animal’s ability to breathe;
 
                (d)    it must not cause trauma or injury to the animal.

Standards of care for animals outdoors

5     (1)    An animal’s owner or caretaker must ensure that an area in which the animal isbeing kept outdoors meets all of the following requirements:

 

                (a)    the area must provide protection from inclement weather to which the animalcould otherwise be exposed and that could cause the animal to be in distress;
 
                (b)    shade must be accessible to the animal at all times within the area;
 
                (c)    the area must be clean and free from excess excrement.

 

       (2)    In deciding whether protection from inclement weather is required under clause(1)(a), an animal’s owner or caretaker must consider all of the following todetermine the animal’s ability to adapt to weather conditions:

 

                (a)    the animal’s age;
 
                (b)    the animal’s health;
 
                (c)    the animal’s breed;
 
                (d)    the animal’s ability to adapt to the heat or cold;
 
                (e)    the animal’s coat;
 
                (f)    the outdoor temperature;
 
                (g)    the inclement weather that the animal could be exposed to.

Standards of care for shelters

6     (1)    An animal’s owner or caretaker must ensure that the animal has continuous access toa shelter if the animal is kept outdoors

 

                (a)    for more than 12 hours at a time; or

 

                (b)    in any weather conditions that could cause the animal to be in distress.

 

       (2)    In deciding whether protection from weather conditions is required under clause(1)(b), an animal’s owner or caretaker must consider all of the following todetermine the animal’s ability to adapt to weather conditions:

 

                (a)    the animal’s age;

 

                (b)    the animal’s health;

 

                (c)    the animal’s breed;

 

                (d)    the animal’s ability to adapt to the heat or cold;

 

                (e)    the animal’s coat;

 

                (f)    the outdoor temperature;

 

                (g)    the inclement weather that the animal could be exposed to.

 

       (3)    An animal’s owner or caretaker must ensure that a shelter required by this Sectionmeets all of the following requirements:

 

                (a)    it must not present a risk to the health or safety of the animal;

 

                (b)    it must be accessible to the animal;

 

                (c)    it must provide protection from inclement weather;

 

                (d)    it must be sufficiently ventilated to prevent the accumulation of moisture andodours;

 

                (e)    it must have flooring and bedding that is clean and dry and sufficient toprovide adequate insulation from inclement weather;

 

                (f)    if it is a dog shelter, its ceiling height must be at least 5 cm greater than theheight of the dog in a sitting position measured from the top of the dog’s headto the ground;

 

                (g)    its sleeping area must allow for the animal to easily turn around and lie down.

Standards of care for pens

7     (1)    An animal’s owner or caretaker must ensure that a pen used for the animal meets allof the following requirements:

 

                (a)    it must be designed and located to prevent injury or distress to the animal;

 

                (b)    it must have a clean, dry place, free from excessive excrement, where theanimal can lie down;

 

                (c)    it must be kept in good repair.

 

       (2)    If more than 1 animal is kept in a pen, the animals’ owner or caretaker must ensurethat the pen has an area large enough to provide the animals with adequate space forall of the following:

 

                (a)    feeding, resting, urinating and defecating;

 

                (b)    engaging in species-typical behaviours and maintaining adequate socialdistances.

 

       (3)    An animal’s owner or caretaker must ensure that the animal is not left in a penunsupervised for more than 12 consecutive hours.

 

       (4)    If an animal is kept in a pen for longer than 12 consecutive hours in any 24-hourperiod, the animal’s owner or caretaker must ensure that the animal has time out ofthe pen during that same 24-hour period to allow for exercise, socialization andprotection from inclement weather.

Standards of care for tethering

8     (1)    An animal’s owner or caretaker may tether the animal for only up to 12 hours in any24-hour period.

 

       (2)    If an animal has been tethered for 12 consecutive hours, the owner or caretaker of theanimal must untether the animal for 12 consecutive hours before tethering the animalagain.

 

       (3)    An animal’s owner or caretaker must ensure that the minimum length of a tetherused on the animal is the greater of

 

                (a)    5 m; and

 

                (b)    5 times the length of the animal, as measured from the tip of its nose to thebase of its tail.

 

       (4)    In addition to the length requirement of subsection (3), an animal’s owner orcaretaker must ensure that a tether used on the animal meets all of the followingrequirements:

 

                (a)    it must allow the animal to reach its food and water and a clean, dry, place tolie down in a shaded area or shelter, if required by these regulations;

 

                (b)    it must allow the animal to move in a manner that is safe and, except by thelength of the tether, is unrestricted;

 

                (c)    it must be configured to prevent the animal from doing any of the following:

 

                         (i)     becoming entangled with other objects or animals,
 
                         (ii)    moving over an edge, such as the edge of a wall or stairway, in a mannerthat could result in strangulation or injury of the animal;

 

                (d)    it must not cause discomfort for the animal because of its type or weight.

Standards of care for transporting animals

9     (1)    A person must not transport an animal in the trunk of a motor vehicle.

 

       (2)    Subsection (1) does not apply to a motor vehicle, such as a station wagon, passengervan, sport-utility vehicle or hatchback model, that does not have a closed area as itsmain storage compartment.

 

       (3)    A person must not transport an animal in a motor vehicle outside the passengercompartment unless the animal is confined or secured

 

                (a)    in a container that meets the requirements of subsection (4); and

 

                (b)    in a manner that prevents the animal from experiencing injury or distress,falling off the vehicle or otherwise injuring itself or causing a hazard to othervehicles.

 

       (4)    A container that is used to transport an animal in a motor vehicle outside thepassenger compartment must meet all of the following requirements:

 

                (a)    it must be constructed to prevent an animal from escaping;

 

                (b)    it must be constructed to allow the animal to have good footing, protectionfrom inclement weather and adequate ventilation;

 

                (c)    it must be durable and kept in good repair;

 

                (d)    it must be large enough to enable the animal to turn around normally, to standand sit erect and to lie in a natural position;

 

                (e)    it must be secured to the motor vehicle.

 

       (5)    A person must not leave or confine an animal in any unattended motor vehicle orenclosed container under any conditions that could endanger the health orwell-being of the animal or any circumstances that could reasonably be expected tocause distress or death to the animal, including any of the following:

 

                (a)    heat;
 
                (b)    cold;

 

                (c)    lack of adequate ventilation;

 

                (d)    lack of food or water.

 

       (6)    An inspector or peace officer may remove an animal from a motor vehicle or otherenclosed container if the animal’s safety appears to be in immediate danger from anyof the conditions or circumstances referred to in subsection (5).

 

       (7)    An inspector or peace officer who removes an animal from a motor vehicle musttake it to an animal shelter or other place of safekeeping or, if the inspector or peaceofficer considers it necessary, to a veterinary hospital for treatment.

 

       (8)    An inspector or peace officer is authorized to take all steps that are reasonablynecessary to remove an animal from a motor vehicle or other enclosed container,including breaking into the motor vehicle, after a reasonable effort to locate theowner or other person responsible has been made.

 

       (9)    An inspector or peace officer who removes an animal from a motor vehicle mustleave a written notice bearing his or her name and title, and the address of thelocation where the animal can be claimed, in a secure and conspicuous location on orwithin the motor vehicle.

 

       (10)  Subject to the Act, an animal that has been removed from a motor vehicle orenclosed container by an inspector or peace officer may be claimed by the owneronly after payment of any charges that have accrued for the maintenance, care,medical treatment or impoundment of the animal.

 

       (11)  This Section does not affect in any way existing liabilities or immunities under theAct, or create any new immunities or liabilities.

Certificate of health on sale of animal

10   (1)    In this Section, “certificate of health” means the veterinarian’s certificate of goodhealth required by subsection 21(6) of the Act on the sale of an animal.

 

       (2)    A certificate of health must be in Form A.

 

       (3)    A certificate of health is valid for only 1 animal.

 

       (4)    A certificate of health is valid for 6 months from the date it is issued and is valid foronly 1 sale.