Animal welfare laws: an update.

There has been a lot of discussion about animal welfare laws in Canada during the past few years. Much of the discussion around proposed changes to federal law and the updating of some provincial laws has left many animal users wondering how they will be affected, and if commonly accepted practices will become illegal. In fact, changes to current practices are more likely to come about from market forces and the industries themselves. Here's a brief look at the existing laws, current initiatives, and what they could mean to those who rely on animals for their livelihood.

Protection of animals from abuse and neglect is both a federal and provincial jurisdiction. Though there seems to be a confusing array of different legislation, it's important to know that both current legislation and proposed amendments that strengthen animal cruelty provisions exempt from prosecution people who follow accepted practices of animal husbandry. This has been demonstrated repeatedly through discussions at both national and provincial levels. There is no will to change normal practices through legislative means. Fears that laws will lead to frivolous prosecutions for common practices (such as branding, dehorning, or baiting worms on a fish hook) are completely unfounded. The laws are meant to protect animals from unnecessary cruelty, not to undermine common business practices.

Federally, sections 444 to 447 of the Criminal Code of Canada (CCC) currently deal with cruelty to animals. This law states that wilfully causing unnecessary pain or suffering, or wilful neglect causing damage or injury to an animal is an offence punishable on summary conviction of up to a $2,000 fine and/or six months in prison. Anyone who wilfully and unlawfully kills, poisons or injures cattle and other bovine species may be found guilty of an indictable offence and face a prison term of up to five years.

The wording of the animal cruelty sections of the Criminal Code is rather archaic since it was literally written in the horse and buggy days and has been virtually unchanged since 1892. There have been attempts to update it since 1999, but as of this writing it has been bogged down in an apparent dispute between the Senate and House of Commons. Whatever becomes of it, it's certain that accepted agricultural practices will be exempted from prosecution.

Two other federal laws relating to livestock welfare include the regulations associated with the Health of Animals Act and the Meat Inspection Act. While both are primarily concerned with preserving the safety of our food sources, they also include provisions for animal welfare. For instance, the Health of Animals Regulations include specific references to transportation of animals by truck, outlining loading and unloading practices, dealing with sick and injured animals and the length of time various species can be confined. The Meat Inspection Act and associated regulations govern the operations of federally-inspected slaughterhouses and meat processing facilities. It includes regulations about the facilities and animal handling practices, including restrictions on goads and electric prods. Both of these laws are primarily enforced by the Canadian Food Inspection Agency (CFIA).

Most other animal protection is enacted on a provincial level, and the laws--and their enforcement--vary from province to province. As a rule, provincial laws apply to all domestic animals and do not distinguish between livestock and companion animals. Most are worded to protect animals in distress, and again, generally exclude accepted management practices.

Increasingly, regulations are being incorporated that address species-specific handling standards. Quebec's Animal Health Protection Act, enacted in late 2004, includes regulations for livestock auctions facilities that address pen sizes and segregation of animals: "All pens must be large enough so that animals may lie down without being overcrowded. Large animals must be separated from small ones." New amendments to Alberta's Animal Protection Act will allow for codes of practice from commodity groups to be incorporated as regulations.

Traditionally, enforcement of animal protection laws has been entrusted to Societies for the Prevention of Cruelty to Animals (SPCAs), in addition to RCMP and municipal police. (Exceptions to this rule are Manitoba and Prince Edward Island, where provincially-appointed veterinarians provide enforcement services.) Increasingly, however, other agencies are getting more involved with animal welfare legislation. A case in point is the Alberta Livestock Protection System (ALPS).

ALPS was established in 1998 to promote the responsible and humane care of livestock in Alberta. It initially consisted of a partnership between the Alberta SPCA, Alberta Agriculture, Food and Rural Development (AAFRD), and the Alberta Farm Animal Care Association (AFAC) representing the livestock industry. Since then, it has grown to include both the RCMP and the Canadian Food Inspection Agency. Funding for livestock welfare protection continues to be provided by the provincial government to the Alberta SPCA to provide enforcement services; to AFAC to provide livestock welfare training and communication; and to AAFRD to coordinate livestock welfare research and related initiatives.

Through the co-operative approach taken by the ALPS partners, both farm animals and farmers have benefited. The animals have benefited through increased public awareness of laws and responsibilities, research into improved facilities and handling methods, and a more coordinated effort to improve standards and prevent mistreatment. Farmers are better able to ensure consumers that their animals are humanely treated, and know that those few individuals who don't take proper care of their animals will be dealt with appropriately.

So, what does all this mean to the ordinary farmer? Well, if you look after your animals in a responsible manner, you don't need to worry about being on the wrong side of the law. New laws and amendments specify that generally accepted practices are not considered illegal.

It is these generally accepted practices, however, that are being affected by market conditions and competition. Many of the fast food chains in the US now require higher standards of animal care by their suppliers, and conduct audits to ensure these standards are being met. Comprehensive guidelines for livestock treatment and transport developed by specific industry groups are becoming more common (e.g., species-specific guides for the humane handling of swine, and dairy and beef cattle have recently been published by their respective producer groups in Alberta, and other provinces' groups are looking at doing the same). Additionally, stricter European regulations and public perception of a correlation between animal welfare and food safety continue to put upward pressure on animal handling standards.

The end result of all this is that higher standards of animal handling will eventually come, but not necessarily through legislated means. There's no need to worry that what you're doing will suddenly become illegal--chances are, though, that some practices will no longer be tolerated either by the public or the industry itself.

Tim Battle is the Director of Education with the Alberta SPCA in Edmonton, Alberta.