Legislative News as of September 18th, 2008

CONNECTICUT:

General Assembly

   Raised Bill No. 5656

February Session, 2008

   LCO No. 2193
  *02193_______ENV*
Referred to Committee on Environment  
Introduced by:  
(ENV)  

AN ACT PROHIBITING THE DECLAWING OF CATS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2008) (a) No veterinarian licensed pursuant to chapter 384 of the general statutes shall perform a feline onychectomy or tendonectomy, except for a therapeutic purpose. For purposes of this section, "therapeutic purpose" means to address an existing or recurring infection, disease, injury or abnormal condition that jeopardizes the cat's health, but does not include cosmetic or aesthetic reasons or the cat owner's convenience in keeping or handling the cat.

(b) Any violation of this section shall result in the revocation of such license.

 

Massachusetts:   There are no bills in the works at this time relating to either cats & dogs.

MAINE  At the present time there are bills on the table that deal with dogs & cats but not any issues that would affect the members of TICA.

NEW HAMPSHIRE

This bill also makes it illegal to take the life of an animal without lawful authority.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2507

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to animal cruelty.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Dogs and Cats; Killing Dogs Legalized. Amend RSA 466:28 to read as follows:

466:28 Killing Dogs Legalized. Any person may kill a dog that suddenly assaults the person while such person is peaceably walking or riding without the enclosure of its owner or keeper; and any person may kill a dog that is found out of the enclosure or immediate care of its owner or keeper [worrying,] wounding[,] or killing sheep, lambs, fowl, or other domestic animals.

2 Cruelty to Animals. Amend RSA 644:8, III(e)-(f)to read as follows:

(e) Negligently abandons any animal previously in his possession or custody by causing such animal to be left without supervision or adequate provision for its care, sustenance or shelter; [or]

(f) Otherwise negligently permits or causes any animal in his possession or custody to be subjected to cruelty, inhumane treatment or unnecessary suffering of any kind[.]; or

(g) Without lawful authority intentionally takes the life of any animal.

3 Effective Date. This act shall take effect 60 days after its passage.

 

HB 1293 – AS AMENDED BY THE HOUSE

06Feb2008… 0153h

18Mar2008… 0959h

2008 SESSION

08-2292

08/01

HOUSE BILL 1293

AN ACT relative to eligibility of dog and cat owners to participate in the state’s reduced fee companion animal population control program.

SPONSORS: Rep. Phinizy, Sull 5; Rep. Rausch, Rock 5; Rep. Wells, Rock 8

COMMITTEE: Environment and Agriculture

AMENDED

AMENDED ANALYSIS

This bill changes the eligibility criteria for owners of cats and dogs to participate in the reduced fee companion animal population control program.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Feb2008… 0153h

18Mar2008… 0959h

08-2292

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to eligibility of dog and cat owners to participate in the state’s reduced fee companion animal population control program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Animal Population Control; Owner Eligibility. Amend RSA 437-A:3 to read as follows:

437-A:3 Eligibility of Owner of Dog or Cat to Participate.

I. [A resident of the state who has adopted an eligible dog or cat from an animal shelter facility, as defined in RSA 437:2, I, shall be eligible to participate in the program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the operation, and such person pays a fee of $40. The sterilization shall be performed by a participating veterinarian. Dogs and cats imported from out of state into New Hampshire animal shelters or adoption agencies shall not be eligible for this program.

II.] A resident of the state who owns a dog or cat and who [is eligible for] participates in one of the following programs shall also be eligible to participate in a reduced fee companion animal population control program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure and such person pays a fee of $25:

(a) The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977 (7 U.S.C. section 2011 et seq.) and RSA 161:2, XIII.

(b) The Supplemental Security Income Program established pursuant to Title XVI of the Social Security Act (42 U.S.C. section 1381 et seq.).

(c) The Temporary Assistance for Needy Families Act established pursuant to 42 U.S.C. section 601 et seq. and RSA 161-B.

(d) The aid to the needy blind program established under RSA 161:2, V.

(e) The medicaid program established under RSA 167.

(f) The old age assistance program established under RSA 167.

(g) The aid to the permanently and totally disabled program established under RSA 167.

II. A resident of the state who owns a dog or cat shall also be eligible to participate in the reduced fee companion animal population control program if such participation is pre-approved by the owner of a participating veterinary clinic, as described in RSA 437-A:4, with the concurrence of the state veterinarian based on a written finding of financial hardship and if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure, and if such person pays a fee of $25.

2 Effective Date. This act shall take effect July 1, 2008.

LBAO

08-2292

Amended 03/26/08

HB 1293 FISCAL NOTE

AN ACT relative to eligibility of dog and cat owners to participate in the state’s reduced fee companion animal population control program.

FISCAL IMPACT:

The Department of Agriculture, Markets and Food states this bill, as amended by the House (Amendment #2008-0959h), will increase state restricted expenditures by $17,055 in FY 2009 and each year thereafter. There is no fiscal impact on county and local expenditures or state, county, and local revenue.

METHODOLOGY:

The Department of Agriculture, Markets and Food states this bill changes the eligibility for the reduced fee companion animal control program and reduces the co-pay from $40 to $25. The Department projected 1,137 Plan A surgeries would be reimbursed by the companion animal control program at $100.28 per surgery for a total expenditure of $114,018. The Department assumes the same number of surgeries will be performed under the changes proposed by this bill. As part of the 1,137 surgeries estimated to be performed, the Department assumes 255 will be participants nominated by the participating clinics. The Department assumes the 102 participating clinics will nominate 5 participants a year to the program for a total of 510 nominated participants with a 50% redemption rate resulting in the 255 surgeries from the nominated participants.

The Department estimates this bill will increase expenditures by $17,055 [$131,073 (1,137 surgeries * ($100.28 per surgery + $15.00 change in co-pay to be paid by program)) - $114,018] in FY 2009 and each year thereafter.

 

 

HB 585-FN – AS AMENDED BY THE HOUSE

06Mar2007… 0241h

2007 SESSION

07-0641

08/05

HOUSE BILL 585-FN

AN ACT requiring all animal shelter facilities, pet shops and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered.

SPONSORS: Rep. Davis, Merr 7; Rep. S. Kelly, Merr 7; Rep. Greco, Merr 7; Sen. Barnes, Dist 17; Sen. Roberge, Dist 9

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill requires animal shelter facilities, pet shops, and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered.

This bill also requires that the deposit be remitted to the companion animal neutering fund if the depositor does not return a certificate of sterilization to the animal shelter facility, commercial kennel, or pet shop that placed the cat or dog with the depositor.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Mar2007… 0241h

07-0641

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT requiring all animal shelter facilities, pet shops and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Dog and Cat Neutering Deposit. Amend RSA 437 by inserting after section 10 the following new section:

437:10-a Dog and Cat Neutering Deposit.

I. No animal shelter facility, pet shop, or commercial kennel licensed by the department in accordance with RSA 437:1 shall sell, give away, adopt, or otherwise transfer ownership of any dog or cat that has not been permanently sexually sterilized without collecting a neutering deposit of no less than $40 at or before the time of transfer. At the time of receipt of such deposit, the pet shop, commercial kennel, or animal shelter facility shall provide a sterilization certificate to the person who has paid the deposit. The sterilization certificate shall be on a form provided by the commissioner and shall state the date by which the animal must be sterilized in order for the depositor to secure the return of the deposit. In the case of kittens or puppies that are less than 5 months old at the time of transfer, that date shall be on or before the date the kitten or puppy becomes 6 months of age. In the case of cats or dogs 5 months of age or older at the time of transfer, the date of sterilization shall be within 30 days of the date of transfer.

II. To reclaim the neutering deposit, the depositor must submit the sterilization certificate to the animal shelter facility, commercial kennel, or pet shop which took the deposit within 60 days of the date the sterilization was performed. The certificate must be signed by a licensed veterinarian and specify the date on which the sterilization was performed. If the depositor does not submit the signed sterilization certificate within the time period specified above, the deposit shall be considered to have been forfeited. All forfeited neutering deposits shall be remitted by the animal shelter facility, commercial kennel, or pet shop to the commissioner on a quarterly basis. The commissioner shall deposit all forfeited neutering deposits in the companion animal neutering fund established under RSA 437-A:4-a.

2 New Paragraph; Rulemaking. Amend RSA 437:5 by inserting after paragraph III the following new paragraph:

IV. The commissioner shall adopt rules under RSA 541-A to implement the collection of neutering deposits on the transfer of unneutered dogs and cats under RSA 437:10-a.

3 Companion Animal Fund. Amend RSA 6:12, I(b)(59) to read as follows:

(59) Moneys received under RSA 466:4, I(c), RSA 466:6, III, RSA 437:10-a, and RSA 437-A which shall be credited to the companion animal neutering fund, established in RSA 437-A:4-a.

4 Effective Date. This act shall take effect January 1, 2008.

LBAO

07-0641

Amended 03/16/07

HB 585 FISCAL NOTE

AN ACT requiring all animal shelter facilities, pet shops and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered.

FISCAL IMPACT:

      The Department of Agriculture, Markets and Food has determined this bill, as amended by the House (Amendment #2007-0241h), may increase state restricted revenue by an indeterminable amount in FY 2008 and each year thereafter and may decrease state and local expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on county and local revenue or county expenditures.

METHODOLOGY:

    The Department of Agriculture, Markets and Food states this bill establishes a $40 refundable deposit to be collected at animal shelters, pet shops, or commercial kennels for each cat and dog sold or given way that has not been sexually sterilized. The depositor may secure return of the deposit by presenting the facility with a completed sterilization certificate within 60 days of the sale. Deposits that have not been refunded shall be deposited into the companion animal neutering fund. The Department estimates 3,400 dogs and 1,250 cats are sold or adopted each year. Approximately 40% of dogs and 20% of cats remain un-sterilized and the Department assumes that this will approximate the number of deposits that will not be refunded. Based on these assumptions, the Department calculates the increased revenue to the companion animal neutering fund as follows:

    3,400 dogs sold x $40 deposit x 40% of deposits not refunded = $54,400

    1,250 cats sold x $40 deposit x 20% of deposits not refunded = $10,000

    Total $64,400

    The effective date for this bill is January 1, 2008 and therefore only 50% or $32,200 would be deposited to the companion animal neutering fund in FY 2008. In FY 2009 and each year thereafter the Department estimates the full $64,400 would be deposited. The increase in revenue to the companion animal neutering fund will allow for more surgeries on cats and dogs decreasing the number of potential litters. The reduction in animals may result in a decrease in animal control calls, fewer rabies exposures, and decreases in the number of dogs and cats in shelters resulting in a potential decrease in local expenditures. The decrease in rabies exposure may also decrease state expenditures associated with rabies tests.



 

 

Rhode Island

 

TITLE 4
Animals and Animal Husbandry

CHAPTER 4-22
Cat Identification Program

SECTION 4-22-1


 

   § 4-22-1  Findings and purpose. – The state finds that a cat identification program, which would require an owner of a cat to maintain an identification for the cat, would serve the following public purposes:

   (1) Cat identification would provide cats protection under the law, equal to that afforded dogs, by establishing ownership which, in turn, would encourage cat owners to take full responsibility for their pets' welfare.

   (2) Cat identification would protect cats, as dogs are now protected, by establishing minimum holding periods for cats released to and/or impounded by municipal animal control facilities and private animal shelters.

   (3) A program to require cat identification should facilitate the return of lost, owned cats.

   (4) Cat identification would provide a method to help distinguish between owned and unowned cat populations thus assisting animal control officers and animal shelters in carrying out their mission.

   (5) Cat identification would advance the reduction of the untold suffering of cats at-large in our state by helping to insure the quick return of injured and sick animals to their owners.

   (6) Passage of this bill would reduce the number of unowned cats and increase education to owners as to the need for sterilization of cats, thereby reducing unwanted litters, eliminating cat over-population problems, and reducing the costs to cities and towns for euthanizing at-large or unowned cats.

   (7) Cat identification would help support public health and safety in the control of rabies.

   The purpose of this chapter, therefore, is to establish a cat identification program, which would require that an owner of a cat maintain an identification for the cat. These measures will also reduce the spread of rabies.

 

9 7 -- S 0696

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RS393/2
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S T A T E   O F   R H O D E   I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 1997
__________

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

 

Introduced By: Senators Perry, Sosnowski, Nygaard, Walaska and Bates
Date Introduced: February 12, 1997
Referred To: Senate Committee on Special Legislation

 

It is enacted by the General Assembly as follows

SECTION 1. Title 4 of the general laws entitled "Animals and Animal Husbandry" is hereby amended by adding thereto the following chapter:

{ADD CHAPTER 22

CAT IDENTIFICATION PROGRAM ADD}

{ADD 4-22-1. Findings and purpose. -- ADD} {ADD (a) The state finds that a cat identification program, which would require an owner of a cat to maintain an identification for the cat and to sterilize at large cats, would serve the following public purposes:

(1) Cat identification would provide cats protection under the law, equal to that afforded dogs, by establishing ownership which, in turn, would encourage cat owners to take full responsibility for their pets' welfare.

(2) Cat identification would protect cats, as dogs are now protected, by establishing minimum holding periods for cats released to and/or impounded by the municipal animal control facilities and the private animal shelters.

(3) A program to require cat identification should facilitate the return of owned cats.

(4) Cat identification would provide a method to help distinguish between owned and unowned cat populations.

(5) Cat identification would advance the reduction of the untold suffering of cats at-large in our state.

(6) Passage of this bill would reduce the number of unowned cats, thereby reducing unwanted litters, over population, and the costs to the cities and towns for euthanizing at-large or unowned cats.

(7) Cat identification would help support public health and safety in the control of rabies.

(b) The state also finds that requiring cats allowed outside to be sterilized will significantly decrease the number of unwanted cats because for example;

(1) In seven (7) years, one (1) female cat can be responsible for thirty-two thousand seven hundred and sixty seven (32,767) offspring, and

(2) Unsterilized cats allowed outside impregnate other cats and give birth to kittens outside, adding to the state's at-large, roaming and feral cat population.

(c) The purpose of this chapter therefore, is to establish a cat identification program, which would require that an owner of a cat maintain an identification for the cat, and to require sterilization of outdoor cats in the state of Rhode Island. These measures will also reduce the spread of rabies. ADD}

{ADD 4-22-2. Definitions. -- ADD} {ADD For the purposes of this article:

(a) "At large" means (1) on the premises of a person other than an owner of the cat, without the consent of an occupant or owner of such premises, or (2) on a public street, on public or private school grounds, or in any other public place, except when under the physical control of an owner.

(b) "Roaming cat" means any homeless or stray socialized cat.

(c) "Feral cat" means any wild, unsocialized or untamed cat.

(d) "Identification" means" a traceable form of identification such as (1) a collar and a flat or hanging tag worn by a cat which includes the current name, address and telephone number of the owner, or (2) a rabies vaccination tag, or (3) an ear tag issued by a licensed veterinarian or by a licensed animal shelter or licensed municipal pound, (4) a registered microchip which is used in conjunction with a visible collar and tag, or (5) a tag form a licensed animal shelter or licensed municipal pound, or (6) a tattoo registered with the National Dog Registry or other similar national tattoo service, or (7) a cat license issued by a Rhode Island city or town, or (8) in the case of feral cats, a tipped or notched ear in conjunction with a microchip or any of the above other forms of identification.

(e) "Impounded cat" means any cat released to or under the custody of or control of a licensed animal shelter or licensed municipal pound.

(f) "Owner" means any person who keeps, has permanent custody, owns, maintains, harbors, provides care or sustenance for, has control or charge of or responsibility for a cat or who permits a cat to habitually be or remain on or be lodged or fed within such person's property or premises. Any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership unless ownership of the cat by another party is established.

(g) "Person" includes corporations, firms, joint stock companies, association, partnerships, estates and trusts, and one or more individual human beings, private or municipal corporations, state commissions, political subdivisions, a state, any interstate body or the federal government or any agency or subdivision thereof. ADD}

{ADD 4-22-3. Required cat identification. -- ADD} {ADD It shall be unlawful for any person to be an owner of a cat over three (3) months of age unless the person maintains an identification worn by the cat at all times.

The identification provisions in this law are not applicable to the following:

(a) Cats brought into the state exclusively for the purpose of entering them in a cat show or cat exhibition or for breeding purposes and does not remain in this state for more than fifteen (15) days and which is not allowed to be at large.

(b) Cats owned by any person who is not a resident of the state and is traveling through the state temporarily and for a period not to exceed thirty (30) days.

(c) Cats temporarily kept by licensed veterinarians, licensed kennels, or licensed animal shelters or licensed municipal pounds who maintain on their premises cats owned by others.

(d) Cats temporarily kept by owners of licensed pet shops for purposes of sale or by licensed animal shelters or licensed municipal pounds for purposes of adoption.

(e) Pedigreed cats kept exclusively indoors and maintained for commercial breeding and stud purposes. ADD}

{ADD 4-22-4. Removal of cat identification. -- ADD} {ADD It shall be unlawful for any person other than an animal control officer, licensed veterinarian, licensed animal shelter, licensed municipal pound, or a person authorized by an animal control officer to remove any identification from any cat not owned by the person. ADD}

{ADD 4-22-5. Sterilization of at-large cat. -- ADD} {ADD It shall be unlawful for a cat owner to allow a cat over the age of six (6) months to be at-large unless the cat has been sterilized by a licensed veterinarian.

If a licensed veterinarian issues a written report stating that the life of the cat would be jeopardized by sterilization surgery and that such health condition is likely to be permanent, there can be an exemption from this sterilization requirement. ADD}

{ADD 4-22-6. Holding at-large or impounded cats. -- ADD} {ADD (a) In the case of any at-large, roaming, or feral cat released to or impounded in a licensed animal shelter or licensed municipal pound wearing any form of identification specified in the definitions section, the animal shelter or pound shall make a reasonable attempt to notify the owner by telephone, or by sending written notice to the owner. The at large roaming or feral cat shall be held by the animal shelter or pound for not less than five (5) days, after which time the animal shelter or pound may offer the cat for adoption, or euthanize the cat, if not sooner recovered by the owner. The five (5) days shall not include any day or part thereof that the public pound is not open for a specified period of time, not to be less than one-half the normal hours of business. An owner wishing to recover the cat shall pay the reasonable and customary daily impoundment fees and other associated fees for each full day, or fraction thereof, that the cat is held by the animal shelter or pound. The provisions of this section relating to the five (5) day holding period shall not be deemed to apply to any cat which, impounded hereunder, was injured or maimed, and after the cat has been examined by a licensed veterinarian who shall confirm, in writing, that the cat be destroyed for humanitarian purposes.

(b) In the case of any at-large, roaming, or feral cat released to or impounded in a licensed animal shelter or licensed municipal pound not wearing any form of identification as specified in the definitions section, the animal shelter or pound shall hold the at-large, roaming, or feral cat for not less than forty-eight (48) hours, after which time the animal shelter or pound may offer the cat for adoption, or euthanize the cat, if not sooner recovered by a person claiming ownership. The forty-eight (48) hours shall not include any day or part thereof that the public pound is not open for a specified period of time, not to be less than one-half the normal hours of business. The owner or keeper of any cat or so impounded shall pay the reasonable and customary daily impoundment fees and other associated fees for each full day, or fraction thereof, that the cat is held at the animal shelter or pound. The provisions of this section relating to the forty-eight (48) hour holding period shall not be deemed to apply to any cat which, impounded hereunder, was injured or maimed, and after the cat has been examined by a licensed veterinarian who shall confirm, in writing, that the cat be destroyed for humanitarian purposes.

(c) If an at-large cat without identification released to or impounded in a licensed animal shelter or licensed municipal pound is dangerous and presents a danger to the safety of shelter personnel, the cat may be euthanized prior to the expiration of its holding period at the discretion of the animal control officer, veterinarian or shelter management. ADD}

{ADD 4-22-7. Enforcement. -- ADD} {ADD An impounded at-large, roaming, or feral cat not wearing any identification may not be released to the owner of the cat until the owner complies with the identification requirements of this act. ADD}

{ADD 4-22-8. Violations. -- ADD} {ADD Any animal control officer, and his agents, may issue to any person in violation of this section a notice of violation. Persons who violate any provision of this section shall be subject to a fine as defined under section 4-2-1 of the Rhode Island general laws per violation per animal. Each and every incidence which goes unremedied for thirty (30) days after written notice of violation hereunder shall constitute a subsequent offense and subsequent fines will apply.

All fines collected under this section will be remitted to the town clerk or city clerk of the municipality where the violation was issued. Such fines shall be used by the municipality only for enforcing animal control laws or ordinances or for programs to house and care for cars. ADD}

{ADD 4-22-9. Authorization to impound cats. -- ADD} {ADD Animal control officers and their agents are authorized and empowered to impound any roaming or feral cat at-large and to dispose of the same pursuant to the provisions of section 4-19-12. Licensed animal shelters are authorized to accept any roaming or feral cat released to them for impoundment and to dispose of the same pursuant to the provisions of section 4-19-12. ADD}

{ADD 4-22-10. Adoption of municipal ordinance. -- ADD} {ADD No provision of this chapter shall prohibit any city or town from adopting any provision of this chapter as a municipal ordinance. ADD}

SECTION 2. This act shall take effect on January 1, 1998.

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RS393/2
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
AN ACT
RELATING TO ANIMALS AND ANIMAL HUSBANDRY

* * *

This act would require cat owners to license their cats.

The act would take effect on January 1, 1998.

 

 

TITLE 4
Animals and Animal Husbandry

CHAPTER 4-22
Cat Identification Program

SECTION 4-22-5


 

   § 4-22-5  Holding At-Large or Impounded Cats. – (a) In the case of any at-large or roaming or feral cat released to or impounded in a licensed animal shelter or licensed municipal pound wearing any form of identification specified in the definitions section the animal shelter or pound shall make a reasonable attempt to notify the owner by telephone, or by sending written notice to the owner. The at-large or roaming or feral cat shall be held by the animal shelter or pound for not less than five days, after which time the animal shelter or pound may offer the cat for adoption, sale or otherwise dispose of the cat, if not sooner recovered by the owner. The five days shall not include any day or part thereof that the public pound or animal shelter is not open for a specified period of time, not to be less than one-half the normal hours of business. An owner wishing to recover the cat shall pay the reasonable and customary daily impoundment fees and other associated fees for each full day, or fraction thereof, that the cat is held by the animal shelter or pound. The provisions of this section relating to the five (5) day holding period shall not be deemed to apply to any cat which, impounded hereunder, was injured or maimed, and after the cat has been examined by a licensed veterinarian who shall confirm, in writing, that the cat be destroyed for humanitarian purposes.

   (b) In the case of any at-large or roaming or feral cat released to or impounded in a licensed animal shelter or licensed municipal pound not wearing any form of identification as specified in the definitions section, the animal shelter or pound shall hold the at-large or roaming or feral cat for not less than two (2) days, after which time the animal shelter or pound may offer the cat for adoption, sale or otherwise dispose of the cat, if not sooner recovered by a person claiming ownership. The two (2) days shall not include any day or part thereof that the public pound or animal shelter is not open for a specified period of time, not to be less than one-half the normal hours of business. The owner or keeper of any cat so impounded shall pay the reasonable and customary daily impoundment fees and other associated fees for each full day, or fraction thereof, that the cat is held at the animal shelter or pound. The provisions of this section relating to the two (2) day holding period shall not be deemed to apply to any cat which, impounded hereunder, was injured or maimed, and after the cat has been examined by a licensed veterinarian who shall confirm, in writing, that the cat be destroyed for humanitarian purposes.

   (c) If an at-large or roaming or feral cat without identification released to or impounded in a licensed animal shelter or a licensed municipal pound is dangerous and presents a danger to the safety of shelter personnel, the cat may be euthanized prior to the expiration of its holding period at the discretion of an animal control officer, a licensed veterinarian or the shelter management.

 

TITLE 4
Animals and Animal Husbandry

CHAPTER 4-22
Cat Identification Program

SECTION 4-22-3


 

   § 4-22-3  Required Cat Identification. – It shall be unlawful for any person to be an owner of a cat over three months of age unless the person maintains an identification worn by the cat at all times.

   The identification provisions in this law are not applicable to the following:

   (a) A cat brought into the state exclusively for the purpose of entering them in a cat show or cat exhibition or for breeding purposes and which does not remain in this state for more than fifteen (15) days and which is not allowed to be at large.

   (b) A cat owned by any person who is not a resident of the state and is traveling through the state temporarily and for a period not to exceed thirty (30) days.

   (c) A cat temporarily kept by a licensed veterinarian, a licensed kennel, or a licensed animal shelter or a licensed municipal pound who maintain on their premises cats owned by others.

   (d) A cat temporarily kept by owners of a licensed pet shop for purposes of sale or by a licensed animal shelter or a licensed municipal pound for purposes of adoption.

   (e) A cat kept exclusively indoors or confined in outdoor areas and maintained for pedigreed cat breeding and stud purposes.

 

TITLE 4
Animals and Animal Husbandry

CHAPTER 4-22
Cat Identification Program

SECTION 4-22-2


 

   § 4-22-2  Definitions. – For the purposes of this chapter:

   (a) "At-large" means: (1) On the premises of a person other than an owner of the cat, without the consent of an occupant or owner of such premises, or (2) on a public street or highway, on public or private school grounds, or in any other public place, except when under the physical control of an owner.

   (b) "Roaming cat" means any homeless socialized cat or any stray socialized cat.

   (c) "Feral cat" means any wild, unsocialized or untamed cat.

   (d) "Identification" means: a traceable form of identification such as (1) a collar and a flat or hanging tag worn by a cat which includes the current name, address and telephone number of the owner, or (2) a rabies vaccination tax, or (3) an ear tag issued by a licensed veterinarian or by a licensed animal shelter or licensed municipal pound, or (4) a registered microchip which is used in conjunction with a visible collar and tag or in conjunction with a faceted, reflective ear stud, or (5) a tag from a licensed animal shelter or licensed municipal pound, or (6) a tattoo registered with the National Dog Registry or other similar national tattoo service, or (7) a cat license issued by a Rhode Island city or town, or (8) a collar incorporating embroidery as a type of information labeling rather than a hanging or flat tag or (9) in the case of feral cats, a tipped or notched ear in conjunction with a microchip or any of the above other forms of identification. The intent is to allow flexibility in the types of identification available for cats and to incorporate other types of cat identification in the future as they are developed.

   (e) "Impounded cat" means any cat released to or under the custody of or control of a licensed animal shelter or licensed municipal pound.

   (f) "Owner" means (1) any person who keeps, has permanent custody, owns, maintains, harbors, provides care or sustenance for, has control or charge of or responsibility for a cat or who permits a cat to habitually be or remain on or be lodged or fed within such person's property or premises, and (2) any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership unless ownership of the cat by another party is established.

   (g) "Person" means an individual, firm, jointstock company, partnership, association, private, or municipal corporation, state, commission, political subdivision, a state, any interstate body or the federal government or any agency or subdivision thereof.

   (h) "Guardian" shall mean a person(s) having the same rights and responsibilities of an owner, and both terms shall be used interchangeably. A guardian shall also mean a person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal and who is responsible for an animal's safety and well being.

 

TITLE 4
Animals and Animal Husbandry

CHAPTER 4-24
Permit Program for Cats

SECTION 4-24-2


 

   § 4-24-2  Legislative findings. – The general assembly hereby finds and declares that:

   (1) An unacceptable number of healthy, but abandoned cats are euthanized annually in Rhode Island.

   (2) Due to the large number of stray and abandoned cats, euthanasia is not a cost effective, acceptable or ethical solution to the threats to public health and safety posed by large populations of stray, feral or homeless cats.

   (3) Stray and abandoned pets, specifically cats, create numerous public health and safety problems, including transmission of disease and traffic hazards created by cats running loose on public streets.

   (4) A permit system for breeding of cats owned or harbored in the state, combined with a program for spaying/neutering, is a reasonable and effective means of reducing the population of abandoned or stray cats, and for eliminating the practice of euthanizing homeless cats, except those for whom euthanasia is an escape from suffering or necessary to protect people and/or other animals from vicious behavior.

   The general assembly therefor finds and declares that it intends to provide for the public health, safety and welfare through a program requiring spaying and neutering cats unless appropriate permits are acquired. The provisions of this chapter shall be in addition to the cat registration or identifying program requirements set forth in this title.

 

To be continued as Rhode Island has about 500 laws thus far in the works of acceptance.

Vermont: 

At the present time there are no issues what so ever with cats in the state of Vermont.
 

CANADA

NEW BRUNSWICK: 

There are no bills in process at this time.


NEWFOUNDLAND AND LABARDOR:  There are no bills in process at this time.

Prince Edward Island

Housing Standards for Cats and Dogs in Companion Animal Establishments Regulations, P.E.I. Reg. EC682/03

Citation: Housing Standards for Cats and Dogs in Companion Animal Establishments Regulations, P.E.I. Reg. EC682/03
Enabling Statute: Companion Animal Protection Act, R.S.P.E.I. 1988, c. C-14.1
URL: http://www.canlii.org/pe/laws/regu/2003r.682/20080715/whole.html
Version downloaded by CanLII on 2008-07-15  

Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.

                             PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office
consolidation of this regulation, current to February 1, 2004. It is intended for
information and reference purposes only.

This document is not the official version of these regulations. The regulations and
the amendments printed in the Royal Gazette should be consulted to determine the
authoritative text of these regulations.

For more information concerning the history of these regulations, please see the
Table of Regulations.

If you find any errors or omissions in this consolidation, please contact:

                             Legislative Counsel Office
                                Tel: (902) 368-4291
                            Email: legislation@gov.pe.ca
 
CHAPTER 14.1

            COMPANION ANIMAL PROTECTION ACT

    HOUSING STANDARDS FOR CATS AND DOGS IN
 COMPANION ANIMAL ESTABLISHMENTS REGULATIONS

Pursuant to section 18 of the Companion Animal Protection Act
R.S.P.E.I. 1988, Cap. C-14.1, Council made the following regulations:

1. In these regulations                                                        Definitions

    (a) "Act" means the Companion Animal Protection Act R.S.P.E.I.             Act
    1988, Cap. C-14.1;
    (b) "cat" means a male or female adult or juvenile cat, and includes a     cat
    kitten;
    (c) "cat length" means the length of a cat measured from the tip of        cat length
    the nose to the base of the tail;
    (d) "dog" means a male or female adult or juvenile dog, and includes       dog
    a puppy;
    (e) "dog length" means the length of a dog measured from the tip of        dog length
    the nose to the base of the tail;
    (f) "housing unit" means any cage or other enclosure used to house a       housing unit
    cat or dog, but does not include housing in a cage while transporting
    a dog or cat outside a companion animal establishment;
    (g) "shoulder height" means the height of a cat or dog as measured         shoulder height
    from a flat surface on which the cat or dog is standing to the highest
    part of the back at the base of the neck of the cat or dog. (EC682/03)
2. (1) Every licencee housing a single cat or dog in a housing unit shall      Minimum floor
ensure that the floor space of the housing unit housing the cat or dog is at   space

least the minimum floor space, as determined by the Schedule, using the
cat or dog length of the animal being housed.
  (2) Every licencee housing a cat or dog that is nursing her young shall      Nursing of
ensure that the minimum floor space of the housing unit is the minimum         offspring

floor space required under subsection (1) plus an additional 10% floor
space for each cat or dog in the litter. (EC682/03)
3. Every licensee housing one or more cats or dogs in a housing unit           Minimum length
shall ensure that the shortest length and width dimensions of the housing      and width
                                                                               requirements
unit shall be not less than


                                     1
 
2                     Cap. C-14.1                Companion Animal Protection Act             Updated 2004
                       Housing Standards for Cats and Dogs in Companion Animal Establishments Regulations


                          (a) the cat length or dog length of the longest cat or dog housed in
                          the housing unit; or
                          (b) 35 centimetres,
                      whichever is greater. (EC682/03)
Minimum height        4. (1) Every licensee housing one or more dogs in a housing unit shall
requirements          ensure that the minimum height of the housing unit is
                           (a) 1.5 times the shoulder height of the tallest dog housed in the
                           housing unit; and
                           (b) not less than 20 centimetres from the top of the head of the tallest
                           dog to the ceiling of the housing unit, as measured when the dog is
                           standing.
Idem                    (2) Every licensee housing one or more cats in a housing unit shall
                      ensure that the minimum height of the housing unit shall be
                          (a) 1.5 times the shoulder height of the tallest cat housed in the
                          housing unit; and
                          (b) not less than 20 centimetres from the top of the head of the tallest
                          cat to the ceiling of the housing unit, as measured when the cat is
                          standing on the perch required under section 7. (EC682/03)
Two or more cats or   5. Where two or more cats or dogs are housed in a single housing unit,
dogs in a housing     the licensee housing the cats or dogs shall ensure that the minimum floor
unit
                      space of the housing unit for each cat or dog is the
                           (a) minimum floor space required by the longest cat or dog housed
                           in the housing unit as required under subsection 2(1); and
                           (b) 35% of the floor space required by clause (a) for each additional
                           cat or dog in the housing unit. (EC682/03)
Housing unit          6. Every licensee housing a cat or dog in a housing unit shall ensure that
construction          the housing unit has
                           (a) at least one wall constructed of transparent material or mesh;
                           (b) a solid floor space of at least 1/3 the minimum floor space as
                           required under these regulations; and
                           (c) containers for drinking water and food that
                              (i) are affixed to a wall or the floor to prevent tipping, or
                              (ii) are of a design that prevents tipping. (EC682/03)
Perches for cats      7. (1) Every licensee housing a cat shall ensure that the housing unit has
                      a perch that
                           (a) in the case of a single cat, has an area of at least 1/4 the floor
                           space required under subsection 2(1);
                           (b) in the case of a cat nursing her young, has an area of at least 1/4
                           the floor space required under subsection 2(2); and




                                                              2
 
Updated 2004               Companion Animal Protection Act               Cap. C-14.1                      3
 Housing Standards for Cats and Dogs in Companion Animal Establishments Regulations


     (c) in the case of two or more cats being housed in a single housing
     unit, has an area of at least 1/4 the floor space required under section
     5.
  (2) The perch required under subsection (1) shall be located at least 20             Height of perch
centimetres above the floor of the housing unit.
  (3) The perch required under subsection (1) shall be in addition to the              Perch additional
floor space for a housing unit required under subsection 2(1).                         space

(EC682/03)




                                         3
 
4   Cap. C-14.1                Companion Animal Protection Act             Updated 2004
     Housing Standards for Cats and Dogs in Companion Animal Establishments Regulations


                                         SCHEDULE

                                 Minimum Floor Space

    cat length or 1-20    21-     31-     41-        51-    61-   71-    81-    91-    101-
    dog length in         30      40      50         60     70    80     90     100    110
    centimetres

    minimum floor 0.20    0.30    0.42    0.56       0.72   0.9   1.10   1.32   1.56   1.82
    space in square
    metres
    (EC682/03)




                                           
 

The Legislative Counsel Office of the Government of Prince Edward Island web site contains additional conditions to the CanLII Terms of Use. Please refer to the Copyright and Privacy policies page of this site.

 

 

 

Ticket Regulations, P.E.I. Reg. EC321/01

Citation: Ticket Regulations, P.E.I. Reg. EC321/01
Enabling Statute: Summary Proceedings Act, R.S.P.E.I. 1988, c. S-9
URL: http://www.canlii.org/pe/laws/regu/2001r.321/20080715/whole.html
Version downloaded by CanLII on 2008-07-15  

Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.

                             PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office
consolidation of this regulation, current to July 5, 2008. It is intended for
information and reference purposes only.

This document is not the official version of these regulations. The regulations and
the amendments printed in the Royal Gazette should be consulted to determine the
authoritative text of these regulations.

For more information concerning the history of these regulations, please see the
Table of Regulations.

If you find any errors or omissions in this consolidation, please contact:

                             Legislative Counsel Office
                                Tel: (902) 368-4291
                            Email: legislation@gov.pe.ca
 
CHAPTER S-9
                  SUMMARY PROCEEDINGS ACT

                       TICKET REGULATIONS

Pursuant to section 10 of the Summary Proceedings Act R.S.P.E.I. 1988,
Cap. S-9, Council made the following regulations:

1. For the purposes of section 10 of the Act, the form of the ticket shall     Form of ticket
be as set out in Schedule 1 to these regulations. (EC58/08)
2. For the purposes of section 10 of the Act, the offences under the           Designated offences
provisions of the enactments set out in Schedule 2 to these regulations
are designated as offences in respect of which a ticket may be issued.
(EC58/08)
3. (1) The words or expressions set out in Column I of Schedule 2 may          Words and
be used on a ticket to designate an offence under the provision of the         expressions
                                                                               describing offence
enactment referred to in Column II thereof.
   (2) Notwithstanding subsection (1), any words or expressions used on a      Idem
ticket which describe with sufficient clarity the offence committed shall
be for all purposes a sufficient description of an offence designated in
Schedule 2. (EC58/08)
4. Where there appears in respect of an offence described in Column I of       Penalty for out of
Schedule 2, under a provision of an enactment referred to in Column II         court settlement

thereof, an amount in Column III thereof setting out a specified penalty
for an out-of-court settlement in respect of that offence, the issuing
officer may endorse on the ticket the specified penalty and the total of the
specified penalty and the surcharge prescribed under subsection 9(2) of
the Victims of Crime Act R.S.P.E.I. 1988, Cap. V-3.1, and where such an
endorsement is made the provisions of section 11 of the Summary
Proceedings Act have effect. (EC58/08)
5. The Summary Proceedings Act Ticket Regulations (EC321/01) are               Revocation
revoked. (EC58/08)
 
2   Cap. S-9    Summary Proceedings Act   Updated 2008
                   Ticket Regulations


                   SCHEDULE 1




    (EC58/08)
 
Updated 2008   Summary Proceedings Act   Cap. S-9   3
                  Ticket Regulations




(EC58/08)
 
4   Cap. S-9    Summary Proceedings Act   Updated 2008
                   Ticket Regulations




    (EC58/08)
 
Updated 2008   Summary Proceedings Act   Cap. S-9   5
                  Ticket Regulations




(EC58/08)
 
6   Cap. S-9    Summary Proceedings Act   Updated 2008
                   Ticket Regulations




    (EC58/08)
 
Updated 2008   Summary Proceedings Act   Cap. S-9   7
                  Ticket Regulations




(EC58/08)
 
8       Cap. S-9                              Summary Proceedings Act                             Updated 2008
                                                 Ticket Regulations


                                                  SCHEDULE 2


                                                       PART 1
                            AGRICULTURAL PRODUCTS STANDARDS ACT
                                    R.S.P.E.I. 1988, Cap. A-9

    Item                                 Column I                               Column II        Column III
    Number                                Offence                                Section      Penalty for out of
                                                                                               court settlement
    1     Marketing substandard product or product that does not                             $25 (1st offence)
            meet standards on grades required by the Act or does                             200 (2nd or
            not comply with the regulations..................................      6        subsequent offence)

                                                       PART 2
                                 ANIMAL HEALTH AND PROTECTION ACT
                                       R.S.P.E.I. 1988, Cap. A-11.1

    Item                                   Column I                                 Column II       Column III
    Number                                  Offence                                  Section        Penalty for
                                                                                                    out of court
                                                                                                     settlement
    1 Owner failing to comply with order of inspector ...................              3.2(5)           $100
    2 Transporting or causing the transport of diseased animal into
         or out of restricted area.........................................            3.3(4)            100
    3 Causing animal unnecessary pain, suffering or injury.........                    8.1(1)            100
    4 Owner of animal causing or permitting animal to be or
         continue to be in distress.......................................             8.1(2)            100
    5 Owner served with an order failing to comply with its
         terms...............................................................          12(5)             100
    6 Obstructing, interfering with or giving false information to
         an inspector or provincial veterinarian........................                 18              100

                                                       PART 3
                                 ANIMAL HEALTH AND PROTECTION ACT
                                       Animal Health Regulations
                                              (EC193/91)

    Item                                   Column I                                 Column II       Column III
    Number                                  Offence                                  Section        Penalty for
                                                                                                    out of court
                                                                                                     settlement
    1 Owner of animal, veterinarian and any other person having
         custody of animal who suspects animal is suffering from
         a named disease failing to notify Provincial
         Veterinarian .....................................................             3(1)            $100
    2 Allowing transportation of or transporting animal or animal
         by-product from premises without approval of inspector
         where an order made under subsection 3.2(2) of the Act
         is posted on premises..........................................               6(1)(a)           100
 
Updated 2008                            Summary Proceedings Act                                  Cap. S-9    9
                                            Ticket Regulations


3 Allowing animal or animal by-product to be transported or
     transporting animal or animal by-product to premises
     without approval of inspector where an order made under
     subsection 3.2(2) of the Act is posted on premises ..........                 6(1)(b)         100
4 Failing to ensure vehicle is disinfected in manner acceptable
     to inspector after transportation is completed of animal or
     animal by-product to farm or premises on which an order
     made under subsection 3.2(2) of the Act is posted .........                    6(2)           100

                                                  PART 4
                           ANIMAL HEALTH AND PROTECTION ACT
                                   Bee Health Regulations
                                        (EC271/01)

Item                                   Column I                                   Column II    Column III
Number                                  Offence                                    Section     Penalty for
                                                                                               out of court
                                                                                                settlement
1 Beekeepers failing to give inspector reasonable assistance and
      access to bees and bee equipment ..............................                4(3)         $100
2 Transporting bees into province from area not free of Class A
      diseases ............................................................          5(2)          100
3 Person transporting bees through an area not free of Class A
      diseases and into province failing to ensure bees coming
      into province do not come into contact with other bees
      during transport ..................................................            5(4)          100
4 Transporting bees into province without obtaining bee health
      certificate ..........................................................         6(1)          100
5 Failing to mark bee equipment or packing containers with the
      province or country of origin and with the laboratory
      sample number and date bees were sampled .................                     6(3)          100
6 Transporting genetic material into province without holding
      genetic material health certificate .............................            6.1(1)(a)       100
7 Transporting genetic material into province where genetic
      material originated outside Canada ............................              6.1(1)(b)       100
8 Transporting genetic material into province contrary to
      manner specified on genetic material health certificate.....                 6.1(1)(c)       100
9 Failing to stop at weigh station at Border ­ Carleton or Wood
      Islands when transporting bees or bee equipment into
      province ...........................................................           7(2)          100
10 Driver of vehicle transporting bees or bee equipment
      containing bees into province failing to provide bee health
      certificate at weigh station .......................................           7(4)          100
11 Failing to destroy bee equipment............................................     9.1(a)         100
12 Improperly storing bee equipment.................................                9.1(b)         100
 
10       Cap. S-9                                    Summary Proceedings Act                                       Updated 2008
                                                        Ticket Regulations


                                                                PART 5
                                     ANIMAL HEALTH AND PROTECTION ACT
                                          Swine Importation Regulations
                                                  (EC523/98)

     Item                                          Column I                                         Column II        Column III
     Number                                         Offence                                          Section         Penalty for
                                                                                                                     out of court
                                                                                                                      settlement
     1 Importing swine, swine semen or market hogs without
          obtaining import permit..........................................                               3(1)           $100
     2 Driver of vehicle transporting swine or market hogs into
          province failing to provide import permit, on request.......                                    4(2)            100
     3 Driver of vehicle transporting swine into province without
          valid import permit failing to leave province..................                                4(3)(b)          100
     4 Failing to dispose of infected swine as directed by provincial
          veterinarian........................................................                             7              100

                                                                PART 6
                                             AUTOMOBILE JUNK YARDS ACT
                                                R.S.P.E.I. 1988, Cap. A-25

     Item                                      Column I                                  Column II                Column III
     Number                                     Offence                                   Section              Penalty for out of
                                                                                                                court settlement
     1 Operating automobile junk yard without a valid permit...                                   2(1)          $200 (individual)
                                                                                                               1,000 (corporation)
     2 Failing to comply with terms of a notice..........................                    5(1)(a)             200 (individual)
                                                                                                               1,000 (corporation)

                                                                PART 7
                                      COMPANION ANIMAL PROTECTION ACT
                                           R.S.P.E.I. 1988, Cap. C-14.1

     Item                                          Column I                                         Column II        Column III
     Number                                         Offence                                          Section         Penalty for
                                                                                                                     out of court
                                                                                                                      settlement
     1     Wilfully causing companion animal unnecessary pain,
             suffering or injury...............................................................           3(1)           $200
 
Updated 2008                                   Summary Proceedings Act                                         Cap. S-9    11
                                                    Ticket Regulations


                                                             PART 8
                             COMPANION ANIMAL PROTECTION ACT
                      Housing Standards for Cats and Dogs in Companion Animal
                                     Establishments Regulations
                                             (EC682/03)

Item                                           Column I                                           Column II   Column III
Number                                          Offence                                            Section    Penalty for
                                                                                                              out of court
                                                                                                               settlement
1 Failing to provide minimum floor space in cat or dog housing
     unit......................................................................................       2          $200
2 Failing to provide minimum length or width dimension in
     housing unit........................................................................             3           200
3 Failing to provide minimum height requirement in housing
     unit......................................................................................       4           200
4 Failing to provide minimum floor space in cat or dog housing
     unit housing multiple cats or dogs......................................                         5           200
5 Failing to use proper materials in construction of housing
     unit......................................................................................       6           200
6 Failing to provide proper perch, or perches, in housing unit
     housing a cat or multiple cats..............................................                     7           200

                                                             PART 9
                                                        DOG ACT
                                                R.S.P.E.I. 1988, Cap. D-13

Item                                           Column I                                           Column II   Column III
Number                                          Offence                                            Section    Penalty for
                                                                                                              out of court
                                                                                                               settlement
1 Owner, upon receipt of dog license, failing to suspend metal
     tag from collar fastened around dog's neck...................                                   2(7)        $100
2 Owner failing to retain written certificate of dog license
     during period of its effectiveness...............................                             2(7)(a)        100
3 Owner failing to ensure that metal tag of dog license remains
     suspended from collar fastened around dog's neck during
     period of its effectiveness........................................                           2(7)(b)        100
4 Owner allowing dog to run at large.................................                                 9           100
5 Owner failing to restrain dog by leash and muzzle and by
     other means as ordered until dog taken into custody.........                                   16(6)         100
6 Obstructing, impeding or assaulting a peace officer or any
     person assisting a peace officer or aiding or assisting any
     person obstructing, impeding or assaulting a peace
     officer .............................................................                           16.8         100
7 Failing to comply with order made under subsection 16(4) or
     section 16.1........................................................                            21           100
 
12       Cap. S-9                                  Summary Proceedings Act                                    Updated 2008
                                                      Ticket Regulations


                                                            PART 10
                                       ENVIRONMENTAL PROTECTION ACT
                                            R.S.P.E.I. 1988, Cap. E-9

     Item                                    Column I                                 Column II                   Column III
     Number                                   Offence                                    Section               Penalty for out of
                                                                                                                court settlement
     1     Altering watercourse without a permit..................................... 10                        $200 (individual)
                                                                                                               1,000 (corporation)
     2     Altering wetland without a permit............................................ 10                      200 (individual)
                                                                                                               1,000 (corporation)
     3     Discharging or causing or permitting contaminant to be                                        20(a)   200 (individual)
               discharged..........................................................                            1,000 (corporation)
     4     Owner or person having control of contaminant, discharging                                            200 (individual)
               or causing or permitting a contaminant to be discharged..... 20(b) 1,000 (corporation)
     5     Failing to notify Department of discharge of contaminant into                                         200 (individual)
               the environment without the Minister's permission............ 21                                1,000 (corporation)
     6     Operating motor vehicle on beach or sand dune without                                                 200 (individual)
               permit.................................................................................. 22(a) 1,000 (corporation)
     7     Carrying out activities that may alter or destroy beach or sand                                       200 (individual)
               dune.................................................................................... 22(b) 1,000 (corporation)
     8     Littering..................................................................................... 24     200 (individual)
                                                                                                               1,000 (corporation)
     9     Failing to comply with any term or condition or other
               provision of any order, license, approval or permit issued
               by the Minister or environment officer under this Act or                                          200 (individual)
               the regulations..................................................................... 32         1,000 (corporation)
     10    Failing to comply with terms or conditions of watercourse                                             200 (individual)
               alteration permit.................................................................. 32(1) 1,000 (corporation)
     11    Failing to comply with terms or conditions of wetland                                                 200 (individual)
               alteration permit.................................................................. 32(1) 1,000 (corporation)

                                                            PART 11
                                       ENVIRONMENTAL PROTECTION ACT
                                             Air Quality Regulations
                                                  (EC377/92)

     Item                                    Column I                                 Column II            Column III
     Number                                   Offence                                    Section        Penalty for out of
                                                                                                         court settlement
     1 Discharging contaminant into air from any industrial source,                                      $200 (individual)
          incinerator or fuel-burning equipment without permit ...... 2(1)                              1,000 (corporation)
     2 Discharging contaminant into air from any industrial source,
          incinerator or fuel-burning equipment which causes a
          concentration in the ambient air greater than the                            200 (individual)
          maximum concentration specified in permit .................... 2(2)        1,000 (corporation)
     3 Burning used lubricating oil without permit ......................... 8(1)(a)   200 (individual)
                                                                                     1,000 (corporation)
     4 Burning hazardous substances without permit ...................... 8(1)(b)      200 (individual)
                                                                                     1,000 (corporation)
     5 Burning biomedical waste without permit ............................ 8(1)(c)    200 (individual)
                                                                                     1,000 (corporation)
     6 Burning motor vehicle tires without permit .......................... 8(1)(d)   200 (individual)
                                                                                     1,000 (corporation)
 
Updated 2008                                   Summary Proceedings Act                                           Cap. S-9     13
                                                   Ticket Regulations


7 Burning animal or human cadavers without permit .............. 8(1)(e)                                  200 (individual)
                                                                                                        1,000 (corporation)
8 Burning railway ties and wood treated with wood                                                         200 (individual)
     preservatives ....................................................................       8(1)(f)   1,000 (corporation)
9 Burning waste materials from building or construction sites
     or from building demolition without permit unless                                                  200 (individual)
     permitted under the Fire Prevention Act .........................                        8(1)(g) 1,000 (corporation)
10 Burning trash, garbage, litter or other waste from                                                   200 (individual)
     commercial, industrial or municipal operation ................                           8(1)h) 1,000 (corporation)
11 Burning materials containing rubber or plastic without                                               200 (individual)
     permit ...............................................................................   8(1)(i) 1,000 (corporation)
12 Burning spilled oil or oil production by-products without
     permit except as required for purposes of forest                                                   200 (individual)
     management or fire suppression treatment .......................                         8(1)(j) 1,000 (corporation)
13 Burning materials disposed of as part of reclamation                                                 200 (individual)
     purposes without permit ...................................................              8(1)(k) 1,000 (corporation)
14 Burning animal manure without permit ................................                      8(1)(l)   200 (individual)
                                                                                                      1,000 (corporation)
15 Burning or permitting the burning of waste, garbage or litter
      at a public disposal site without written authorization of                                          200 (individual)
      Minister ...........................................................................      8(2)    1,000 (corporation)
16 Burning or permitting the burning, in any industrial source,
      fuel-burning equipment or incinerator which the source,                                             200 (individual)
      equipment or incinerator was not designed to burn .........                               8(3)    1,000 (corporation)
17 Burning or permitting the burning, in any industrial source,
      fuel-burning equipment, incinerator or fuel or waste at a
      greater rate than the rate for which the source, equipment                                          200 (individual)
      or incinerator was designed ..............................................                8(4)    1,000 (corporation)
18 Storing, handling, using or transporting solid, liquid or
      gaseous material or substance in such manner that a                                                 200 (individual)
      contaminant is discharged into air without permit ...........                             9(1)    1,000 (corporation)

                                                          PART 12
                            ENVIRONMENTAL PROTECTION ACT
                  Drinking Water and Wastewater Facility Operating Regulations
                                         (EC710/04)

Item                                      Column I                                    Column II            Column III
Number                                     Offence                                     Section            Penalty for out of
                                                                                                           court settlement
1 Operating a facility without a facility classification                                                 $200 (individual)
     certificate ..................................................................           2(1)      1,000 (corporation)
2 Failing to give notice of modification to facility ...........                              2(4)        200 (individual)
                                                                                                        1,000 (corporation)
3 Failing to place responsibility for facility with operator
     holding operator's certificate of required                                                           200 (individual)
     classification .............................................................             4(1)      1,000 (corporation)
4 Acting as operator of facility without operator's                                                       200 (individual)
     certificate of required classification ..........................                        4(2)      1,000 (corporation)
5 Operating public drinking water supply facility that is                                                 200 (individual)
     not registered ..........................................................                7(1)      1,000 (corporation)
6 Failing to ensure samples collected and analyzed from                                                   200 (individual)
     semi-public drinking water supply system ...............                                  9        1,000 (corporation)
7 Failing to ensure samples collected and analyzed from                                                   200 (individual)
     small public drinking water supply facility ...............                              10        1,000 (corporation)
 
14     Cap. S-9                                      Summary Proceedings Act                                   Updated 2008
                                                        Ticket Regulations


     8 Failing to ensure sampling conducted for chlorinated                                                  200 (individual)
           public drinking water ................................................               11(1)      1,000 (corporation)
     9 Failing to ensure sampling conducted for non-                                                         200 (individual)
           chlorinated public drinking water .............................                      11(2)      1,000 (corporation)
     10 Failing to ensure sampling conducted for small public,
           or semi-public, drinking water supply system                                                      200 (individual)
           operated seasonally ...................................................              12(1)      1,000 (corporation)
     11 Failing to give notice to Department of results of                                                   200 (individual)
           analysis .....................................................................       12(2)      1,000 (corporation)
     12 Failing to ensure water quality samples are analyzed by                                 13(1)        200 (individual)
           an accredited laboratory ............................................                           1,000 (corporation)
     13 Failing to report results of analysis from laboratories                                              200 (individual)
           other than PEI Analytical Laboratories ......................                        13(2)      1,000 (corporation)
     14 Failing to give notice to Department of results of                                                   200 (individual)
           analysis ......................................................................      13(3)      1,000 (corporation)
     15 Failing to report to customers results of analysis ...........                          14(1)        200 (individual)
                                                                                                           1,000 (corporation)
     16 Failing to retain records of water quality analysis .........                           14(2)        200 (individual)
                                                                                                           1,000 (corporation)
     17 Operating a wastewater treatment facility that is not                                   16(1)        200 (individual)
           registered ...................................................................                  1,000 (corporation)
     18 Failing to ensure samples of treated wastewater are
           collected and analyzed from Class I wastewater                                                    200 (individual)
           treatment facility .......................................................           17(1)      1,000 (corporation)
     19 Failing to ensure samples of treated wastewater from
           Class II, Class III or Class IV wastewater treatment                                              200 (individual)
           facilities are collected and analyzed ..........................                     17(2)      1,000 (corporation)
     20 Failing to ensure wastewater quality samples are                                                     200 (individual)
           analyzed by an accredited laboratory .........................                       18(1)      1,000 (corporation)
     21 Failing to submit results of analysis from laboratory                                                200 (individual)
           other than PEI Analytical Laboratories ......................                        18(2)      1,000 (corporation)
     22 Failing to report results of wastewater analysis to                                                  200 (individual)
           customers ..................................................................         19(1)      1,000 (corporation)
     23 Failing to maintain record of wastewater analysis for 5                                              200 (individual)
           years ..........................................................................     19(2)      1,000 (corporation)
     24 Failing to submit well field protection plan ...................                        20(1)      1,000 (corporation)
     25 Failing to implement well field protection plan .............                           20(6)      1,000 (corporation)
     26 Failing to submit report of implementation of well field
           protection plan .........................................................            20(8)      1,000 (corporation)

                                                                PART 13
                                         ENVIRONMENTAL PROTECTION ACT
                                              Excavation Pits Regulations
                                                     (EC753/90)

     Item                                      Column I                                       Column II       Column III
     Number                                     Offence                                          Section   Penalty for out of
                                                                                                            court settlement
     1 Operating an excavation pit without valid permit....................                        2(1)     $200 (individual)
                                                                                                           1,000 corporation)
     2 Failing to provide screening for excavation pit........................ 5(2)                          200 (individual)
                                                                                                           1,000 (corporation)
     3 Failing to slope walls of abandoned excavation pit.................. 5(3)                             200 (individual)
                                                                                                           1,000 (corporation)
 
Updated 2008                           Summary Proceedings Act                                    Cap. S-9     15
                                           Ticket Regulations


4 Failing to comply with conditions of permit............................         5(4)     200 (individual)
                                                                                         1,000 (corporation)
5 Failing to comply with an order.............................................. 7(5)       200 (individual)
                                                                                         1,000 (corporation)

                                                 PART 14
                             ENVIRONMENTAL PROTECTION ACT
                                 Home Heat Tanks Regulations
                                        (EC241/07)

Item                               Column I                               Column II         Column III
Number                              Offence                                Section         Penalty for out of
                                                                                            court settlement
1 Failing to conduct inspection of home heat tank                                         $200 (individual)
     system.........................................................          6          1,000 (corporation)
2 Failing to comply with standards or manufacturer's                                       200 (individual)
     specifications................................................          7(1)        1,000 (corporation)
3 Installing home heat tank not in conformance with                                        200 (individual)
     codes..........................................................         7(2)        1,000 (corporation)
4 Failing to affix identification tag or submit inspection                                 200 (individual)
     report.........................................................         7(3)        1,000 (corporation)
5 Failing to remove existing tag ..............................              7(4)          200 (individual)
                                                                                         1,000 (corporation)
6 Failing to submit inspection reports to the Minister......                  8            200 (individual)
                                                                                         1,000 (corporation)
7 Failing to maintain record of identification tags for 2                                  200 (individual)
     years...................................................                9(4)        1,000 (corporation)
8 Failing to return unused identification tags...............              9(5),(6)        200 (individual)
                                                                                         1,000 (corporation)
9 Failing to notify Minister of particulars of non-                                        200 (individual)
      compliant home heat tank system........................                 10         1,000 (corporation)
10 Selling, transferring, altering or re-using identification                              200 (individual)
      tags.............................................................       11         1,000 (corporation)
11 Installing, altering or removing home heat tank system                                  200 (individual)
      without licence.............................................          12(1)        1,000 (corporation)
12 Selling home heat tank to a non-licensed buyer............               13(1)          200 (individual)
                                                                                         1,000 (corporation)
13 Delivering petroleum to a non-compliant tank system...                  14(1),(2)       200 (individual)
                                                                                         1,000 (corporation)
14 Failing to report non-compliant home heat tank...........                14(4)          200 (individual)
                                                                                         1,000 (corporation)
15 Failing to report petroleum leak..............................           15(1)          200 (individual)
                                                                                         1,000 (corporation)
16 Failing to take leaking system out of service...............             15(2)          200 (individual)
                                                                                         1,000 (corporation)
17 Failing to ensure tank has an operational leak detecting                                200 (individual)
      device........................................................        16(a)        1,000 (corporation)
18 Failing to permit access to property by an environment                                  200 (individual)
      officer.......................................................          17         1,000 (corporation)
19 Failing to replace tank upon expiry..........................              19           200 (individual)
                                                                                         1,000 (corporation)
20 Failing to ensure water, sludge not transferred to new                                  200 (individual)
      tank..........................................................          21         1,000 (corporation)
 
16    Cap. S-9                                   Summary Proceedings Act                                Updated 2008
                                                    Ticket Regulations


                                                           PART 15
                                      ENVIRONMENTAL PROTECTION ACT
                                           Litter Control Regulations
                                                  (EC697/91)

     Item                                  Column I                                   Column II        Column III
     Number                                 Offence                                      Section    Penalty for out of
                                                                                                     court settlement
     1 Offering a beverage for sale in non-refillable container........... 2(1)                      $200 (individual)
                                                                                                    1,000 (corporation)
     2 Failing to pay adequate refund for refillable container............                  3(1)      200 (individual)
                                                                                                    1,000 (corporation)
     3 Failing to accept empty beer container..................................... 3(2)               200 (individual)
                                                                                                    1,000 (corporation)
     4 Failing to pay adequate refund for beer container.................... 3(2)                     200 (individual)
                                                                                                    1,000 (corporation)
     5 Failing to provide waste storage and disposal receptacles.......                         7     200 (individual)
                                                                                                    1,000 (corporation)

                                                           PART 16

                                    ENVIRONMENTAL PROTECTION ACT
                               Petroleum Hydrocarbon Remediation Regulations
                                                (EC655/06)

     Item                                   Column I                                  Column II        Column III
     Number                                  Offence                                   Section      Penalty for out of
                                                                                                     court settlement
     1 Failing to notify the Minister of excess petroleum
          hydrocarbon concentrations or excess methyl                                                $200 (individual)
          tertiary-butyl ether concentrations......................                    3(1)(b)      1,000 (corporation)
     2 Failing to cause an environmental site assessment of a                                         200 (individual)
          site to be made..............................................                4(4)(a)      1,000 (corporation)
     3 Failing to use limited remedial action for the                                                 200 (individual)
          remediation of a site.......................................                 4(4)(b)      1,000 (corporation)
     4 Improper use of limited remedial action....................                      4(5)          200 (individual)
                                                                                                    1,000 (corporation)
     5 Failing to submit a closure report and record of site
          condition after the completion of limited remedial                                          200 (individual)
          action........................................................                 5(2)       1,000 (corporation)
     6 Failing to resume remedial action as directed by the                                           200 (individual)
          Minister......................................................                5(5)(a)     1,000 (corporation)
     7 Failing to complete an environmental site assessment                                           200 (individual)
          under direction of the Minister...........................                    5(5)(c)     1,000 (corporation)
     8 Failing to submit a closure report and record of site
          condition after an environmental site assessment is                                         200 (individual)
          completed................................................................      8(1)       1,000 (corporation)
     9 Failing to submit a remedial action plan ...................                      9(1)         200 (individual)
                                                                                                    1,000 (corporation)
     10 Failing to submit a modified remedial action plan .......                        9(5)         200 (individual)
                                                                                                    1,000 (corporation)
     11 Implementing a remedial action plan prior to Minister's                                       200 (individual)
           acceptance..................................................                  9(8)       1,000 (corporation)
     12 Failing to implement a remedial action plan accepted by                                       200 (individual)
           the Minister ...................................................             10(1)       1,000 (corporation)
 
Updated 2008                              Summary Proceedings Act                                  Cap. S-9     17
                                              Ticket Regulations


13 Failing to submit sufficient information in a remedial                                    200 (individual)
      action plan.................................................... 9(2),10(2)           1,000 (corporation)
14 Failing to monitor the soil, vapours, groundwater, or                                     200 (individual)
      surface water as directed by the Minister ................          11               1,000 (corporation)
15 Failing to submit a closure report and record of site                                     200 (individual)
      condition after a remedial action plan is completed...            12(1)              1,000 (corporation)
16 Failing to resume remedial action under direction of the                                  200 (individual)
      Minister ..................................................      12(3)(a)            1,000 (corporation)
17 Failing to complete an environmental site assessment                                      200 (individual)
      under direction of the Minister .............................. 12(3)(b)              1,000 (corporation)

                                                    PART 17

                                ENVIRONMENTAL PROTECTION ACT
                                 Petroleum Storage Tanks Regulations
                                             (EC240/07)

Item                                 Column I                                  Column II      Column III
Number                                Offence                                   Section    Penalty for out of
                                                                                            court settlement
1 Operating non-compliant storage tank or storage tank                  10(1)               $200 (individual)
     system.......................................................                         1,000 (corporation)
2 Dispensing petroleum to a newly installed or altered
     storage tank or storage tank system without                                             200 (individual)
     Ministerial approval.......................................        11(1)              1,000 (corporation)
3 Failing to comply with minimum construction,                                               200 (individual)
     installation standards for underground steel or                     12                1,000 (corporation)
     fibreglass tanks...
4 Failing to comply with minimum construction,                        13,14,15,              200 (individual)
     installation standards for aboveground tanks........... 16,17,18                      1,000 (corporation)
5 Unlicensed person removing underground storage                                             200 (individual)
     tank ...........................................................   19(a)              1,000 (corporation)
6 Unlicensed person installing, altering storage tank or                                     200 (individual)
     storage tank system......................................          19(b)              1,000 (corporation)
7 Installing piping and fittings contravening standards....              20                  200 (individual)
                                                                                           1,000 (corporation)
8 Failing to maintain daily inventory records and monthly
      summary sheets, Class 1 liquid and diesel fuel                                         200 (individual)
      owners................................................................      21       1,000 (corporation)
9 Failing to conduct visual inspection or maintain
      inventory records and summary sheets, operator bulk                                    200 (individual)
      sales outlet...................................................             22       1,000 (corporation)
10 Failing to advise Coast Guard of potential product loss                                   200 (individual)
      or water gain.....................................................          23       1,000 (corporation)
11 Failing to conduct leak tests ordered by Minister...........                  24(2)       200 (individual)
                                                                                           1,000 (corporation)
12 Failing to perform maintenance checks on sacrificial                                      200 (individual)
      anode tank system............................................              26(1)     1,000 (corporation)
13 Failing to perform maintenance checks on impressed                                        200 (individual)
      current tank system..........................................              26(5)     1,000 (corporation)
14 Failing to retain permanent maintenance check records                                     200 (individual)
      at site, storage tank system.........................................      26(7)     1,000 (corporation)
15 Failing to empty tank temporarily out of service.........                    28(1)(a)     200 (individual)
                                                                                           1,000 (corporation)
16 Failing to remove, etc. tank permanently out of                                           200 (individual)
      service........................................................            28(3)     1,000 (corporation)
 
18       Cap. S-9                                 Summary Proceedings Act                                 Updated 2008
                                                     Ticket Regulations


     17 Reusing a tank without approval................................                30(1)(b)        200 (individual)
                                                                                                     1,000 (corporation)
     18 Failing to permit inspection of storage tank or storage                                        200 (individual)
           tank system.............................................................      31          1,000 (corporation)

                                                            PART 18
                                      ENVIRONMENTAL PROTECTION ACT
                                      Sand Removal from Beaches Regulations
                                                  (EC323/90)

     Item                                   Column I                                  Column II         Column III
     Number                                  Offence                                     Section     Penalty for out of
                                                                                                      court settlement
     1 Removing sand from beach without a permit........................... 2(1)                      $200 (individual)
                                                                                                     1,000 (corporation)
     2 Removing sand from sand dune without a permit.................... 2(1)                          200 (individual)
                                                                                                     1,000 (corporation)
     3 Failing to comply with conditions of permit............................              2(2)       200 (individual)
                                                                                                     1,000