WHEREAS authority to remove animals in critical distress from hot vehicles is specifically established in the Prevention of Cruelty to Animals Act and is limited to special provincial constables under the Police Act, such as the Society for the Prevention of Cruelty to Animals SPCA and police officers, but not bylaw enforcement officers; AND WHEREAS the Community Charter, which provides authority for local governments to establish bylaws for animal control, including seizure of animals suffering and entry onto and into property, cannot be interpreted in the same manner as the Prevention of Cruelty to Animals Act because specified authority has not been provided to bylaw enforcement officers by the Act: THEREFORE BE IT RESOLVED that UBCM request the Province of British Columbia to: - Amend the Prevention of Cruelty to Animals Act to: - empower bylaw enforcement officers as authorized agents for the purpose of enforcing the provisions of the Act; - grant specific authority for local governments to establish, by bylaw, the authority to enter without a warrant into any premises other than a dwelling house and any vehicle, aircraft, or vessel for the purpose of seizing any animal in critical distress to relieve the critical distress of the animal; - Amend the Community Charter to: - amend Section 48 to provide authority to seize animals in critical distress rather than suffering; - add a definition for critical distress similar to the definition in the Prevention of Cruelty to Animals Act; - amend Section 16 to include authority to enter without a warrant into any premises other than a dwelling house and any vehicle, aircraft, or vessel for the purpose of seizing an animal in critical distress to relieve the critical distress of the animal, in the same manner as the Prevention of Cruelty to Animals Act.
Ministry of Agriculture Animal welfare is a key priority for government. Provisions to relieve distress or critical distress in animals are an important feature of the Prevention of Cruelty to Animals Act. The intent of this resolution, to relieve distress or critical distress in animals that are enclosed within a hot vehicle, is clear. Government is aware that certain situations arise when the immediate removal of dogs from hot vehicles is necessary to the welfare of the animal. Government will review and discuss with relevant stakeholders the issue of dogs in hot vehicles.