Animal Prohibition Orders

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2019. (Rev. # 83948)

Order

Order of prohibition or restitution

447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 445(2) [injuring or endangering other animals – punishment], 445.1(2) [causing unnecessary suffering – punishment], 446(2) [wilful neglect causing injury – punishment] or 447(2) [arena for animal fighting – punishment],

(a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and
(b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal or a bird as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal or bird, if the costs are readily ascertainable.
Breach of order

(2) Every one who contravenes an order made under paragraph (1)(a) [order of restitution for value of animal] is guilty of an offence punishable on summary conviction.

Application

(3) Sections 740 to 741.2 [provisions relating to restitution] apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b) [order of restitution for value of animal].

2008, c. 12, s. 1; 2018, c. 29, s. 54.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 447.1(1), (2) and (3)

See Also