Animal Prohibition Orders: Difference between revisions
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[[Fr:Ordonnances_d%27interdiction_sur_les_animaux]] | |||
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==Order== | ==Order== | ||
{{ | {{quotation2| | ||
; Order of prohibition or restitution | ; 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), 445.1(2), 446(2) or 447(2), | 447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 445(2) {{AnnSec4|445(2)}}, 445.1(2) {{AnnSec4|445.1(2)}}, 446(2) {{AnnSec4|446(2)}} or 447(2) {{AnnSec4|447(2)}}, | ||
:(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 | :(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. | :(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 | ; Breach of order | ||
(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction. | (2) Every one who contravenes an order made under paragraph (1)(a) {{AnnSec4|447.1(1)(b)}} is guilty of an offence punishable on summary conviction. | ||
; Application | ; Application | ||
(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b). | (3) Sections 740 to 741.2 {{AnnSec7|740 to 741.2}} apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b) {{AnnSec4|447.1(1)(b)}}. | ||
2008, c. 12, s. 1; 2018, c. 29, s. 54. | {{LegHistory00s|2008, c. 12}}, s. 1; | ||
| | {{LegHistory10s|2018, c. 29}}, s. 54. | ||
{{Annotation}} | |||
|{{CCCSec2|447.1}} | |||
|{{NoteUp|447.1|1|2|3}} | |||
}} | }} | ||
==See Also== | ==See Also== | ||
* [[Animal Cruelty (Offence)]] | * [[Animal Cruelty (Offence)]] | ||
Latest revision as of 07:05, 23 July 2024
| This page was last substantively updated or reviewed January 2019. (Rev. # 95714) |
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]