Executive Summary

At the federal level, the Criminal Code contains provisions banning animal cruelty. Since the API was first published in 2014, new legislation has been passed that improves animal protection. Notably, amendments to the Criminal Code explicitly prohibit all sexual abuse of animals and strengthen the Code’s provisions dealing with organizing and keeping animals for animal fighting. Moreover, the Ending of Captivity of Whales and Dolphins Act was passed in June 2019, which effectively outlaws the keeping, breeding and capture of cetaceans for public entertainment through amendments to the Criminal Code, the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. In addition, the Health of Animals Regulations were amended in 2019, reducing the maximum length of transport without access to feed, rest or water for some animals. At the provincial level, Quebec passed the Act to Improve the Legal Situations of Animals in 2015, which recognises domestic and captive wild animals as sentient.  

However, there is room for improvement in many areas related to animal welfare. Notably, there is no legislation applicable at the federal level dedicated to positive requirements for animal welfare. The variability in legislative and regulatory animal welfare protection across provinces means there is no consistency in Canada in the level of protection offered to animals. Although the Criminal Code applies to all provinces and territories and can be enforced across the country, provincial enforcement agencies generally use provincial or territorial legislation first, as they tend to be easier to enforce. Despite having been improved in 2019, the current Health of Animals Regulations still allow for the transport of animals for very long periods of time (36 hours for ruminants) without feed, water or rest. Moreover, the Federal Government has failed to regulate farming practices to safeguard animal welfare, choosing instead to leave the industry to self-police through the development and implementation of the Codes of Practice. These Codes are developed by the National Farm Animal Care Council (NFACC), an industry-led multi-stakeholder committee that includes representatives from two animal welfare organizations, World Animal Protection and Humane Canada. The Codes are not legally binding themselves, but they are referenced in the animal protection regulations of six provinces to establish accepted industry practices. They are also often introduced as evidence in court as established accepted practices, even when they are not referenced in the law.  The Federal Government also defers to the Canadian Council on Animal Care (CCAC), made up of industry representatives, to develop guidelines with regards to animals used in research. Once again, allowing the industry to self-police.

At the federal level, there is no specific body with responsibility for development of policy on animal welfare. The Federal Government also relies on implementation and more detailed regulation and enforcement taking place at the provincial level. Most provincial legislation is the responsibility of a provincial minister who usually has the power to make regulations and the powers of enforcement are typically given to the Society for the Prevention of Cruelty to Animals (SPCA), which is primarily funded by public donations in many provinces.

The Government of Canada is strongly encouraged to strengthen the Criminal Code’s animal cruelty provisions and to move them out of the property section of the Criminal Code, and into a separate section acknowledging them as sentient beings. Furthermore, the Government of Canada is urged to work with the provinces and territories to ensure consistent protection to animals across the country. In particular, they should address the daily treatment of farm animals on the farm. Moreover, recognizing that wild animals cannot have their needs entirely met when kept as pets, the Government of Canada is strongly encouraged to follow the lead of countries like the Netherlands and Belgium which have developed laws governing which animals can be kept as companion animals, based on clear criteria including animal welfare and other robust scientific risk assessments. Another significant wildlife welfare issue impacting many wild animals in Canada is fur farming. The Government is strongly encouraged to take steps towards phasing-out this inhumane and unnecessary industry at the federal level as other nations have done or are in the process of doing (e.g. UK, Netherlands, Germany, Sweden, Switzerland, Japan, New Zealand and Denmark). The Government is also highly encouraged to develop legislation mandating the humane treatment of stray animals, wild animals and animals used in scientific experiments. Further legal and policy recommendations are associated with each Animal Protection Index (API) indicator and contained in the relevant sections of this report.