The requirements in these Codes are not directly enforceable by law and failure to comply is not an offence on its own in most provinces. The variability in legislative and regulatory animal welfare protection across provinces means there is no consistency in Canada in the level of protection offered to animals. In the case of a second offence, this will be for a minimum of five years. Most provincial SPCAs receive some government funding, but it is usually far less than what is necessary for effective enforcement and means organizations must rely on fundraising to this end; provincial SPCAs have expressed concern about the lack of resources for their role in enforcement. Anyone who contravenes the relevant sections of the Criminal Code is guilty of an indictable offence with punishment by fines and/or imprisonment. NFACC has also published a Code of Practice for the Care and Handling of Pullets and Laying Hens in 2017. First introduced in 2015, Bill S-203, a private members bill originating in the Senate, was the subject of much debate since it aimed to outlaw keeping cetaceans in captivity at the federal level. The National Farm Animal Care Council (NFACC) produces Codes of Practice for the care and handling of farm animals, which detail non-regulatory requirements and recommendations for good animal care on farms. Section 446 prohibits causing damage or injury by wilful neglect of animals during transport, and by wilful neglect of a domestic or captive wild animal. It also includes a more rigorous permit system for pet stores. The Federal Government is strongly encouraged to regulate industries that cause animal suffering. In particular, they should address the daily treatment of farm animals on the farm. In 2016, MP Nathaniel Erskine-Smith introduced a private members Bill C-246 – The Modernizing Animal Protections Act – in the House of Commons to amend the Criminal Code, in order to recognize animals as sentient beings. At minimum, all vertebrates, cephalopods and decapod crustaceans should be explicitly recognised as sentient in legislation. [1], There is no federal legislation specifically regulating animal testing. Other enforcement mechanisms listed in Goal 1 apply here. However, Bill C-246 was defeated on 5 October 2016. Concerns were raised, however, as to the implications or limiting effects of constitutional divisions of power in Canada, the costs associated with a national system and the future of basic animal welfare research; such key themes remain barriers to mainstreaming animal welfare. For ruminants, instead of 48 hours they will now be transported for a maximum of 36 hours without feed, water or rest. Dr. Michelle Groleau, Manager, Animal Welfare There are more details at the provincial level, but this is not harmonised across the country. These stakeholders expressed strong support for the Council’s vision of a comprehensive farm animal welfare system. Wild animals are permitted to be used in circuses at national level, although there are local bans on the use of animals in circuses in 38 jurisdictions as of January 2018. Furthermore, the Government of Canada is urged to work with the provinces and territories to ensure consistent protection to animals across the country. Currently there are no government records on the vast majority of exotic wild animals kept privately as pets (including tigers, monkeys, and snakes). In March 2019 the Ontario SPCA announced it would no longer enforce animal cruelty laws. Furthermore, the Canadian Food Inspection Agency (CFIA) regulates the trade in some other animal species who also require a permit to be imported into Canada, such as turtles, but most animals are not covered. Progress on the remaining six proposals are unknown. Inspections without warrant may be authorised if the inspector has reasonable grounds to believe that the time required to obtain a warrant would lead to the loss, removal or destruction of evidence (Part VII). This law prohibits overcrowding and sets a maximum amount of time that an animal can be transported without food, water, or rest: 52 hours for ruminants, 36 hours for monogastric animals. 112 The Regulation, which is based on recommendations submitted by the BC SPCA to the BC Ministry of the Environment in 2007, lists over 1,000 previously unregulated non-native species as Controlled Alien Species (CAS). The Meat Inspection Act was repealed and was replaced by the Safe Food for Canadians Act in 2012. It would have also closed the loopholes to make it easier to prosecute criminal neglect and would have banned the importation of shark fins, cat and dog fur and other cruel activities. However, the Act appears to be concerned with conservation rather than animal welfare as it states that animals that are in danger of extinction may be protected and describes measures to encourage wildlife conservation rather than those to protect wild animal welfare. Animals should be instantaneously rendered unconscious and insensible to pain and distress prior to slaughter. This resulted in the Ontario government passing the Provincial Animal Services Act which creates a publicly funded and accountable animal protection enforcement system. An example of this resistance is that no government has worked to phase out these activities and none of the main political parties have taken a position against them. Post-approval monitoring mechanisms should in place once the relevant Animal Care Committee approves research through assessment visits and follow-ups, and through training and discussion sessions on post-approval monitoring at CCAC workshops. However, the protection given under the Criminal Code arises from classification of animals as property and, therefore, animals who are owned (rather than stray) are given priority.