Animal Prohibition Orders: Difference between revisions
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==Order== | ==Order== | ||
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; 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) {{AnnSec4|445(2)}}, 445.1(2) {{AnnSec4|445.1(2)}}, 446(2) {{AnnSec4|446(2)}} or 447(2) {{AnnSec4|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)}}, | ||
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|[{{CCCSec|447.1}} CCC] | |[{{CCCSec|447.1}} CCC] | ||
|{{NoteUp|}} | |{{NoteUp|447.1|1|2|3}} | ||
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==See Also== | ==See Also== | ||
* [[Animal Cruelty (Offence)]] | * [[Animal Cruelty (Offence)]] | ||
Revision as of 10:47, 5 May 2020
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]