Order to Comply

Our Enforcement Inspectors are designated as Special Constables under the Nova Scotia Police Act and are empowered to enforce the:

Animal Protection Act – An Act to Protect Animals and to Aid Animals in Distress

and

Standards of Care for Cats and Dogs Regulations.

We recommend that you visit the two links above (by clicking on them), to read the actual, applicable legislation, available on the Government of Nova Scotia’s website. The following information provided contains excerpts from the applicable legislation and the Nova Scotia SPCA does not guarantee the accuracy of this information.

Section 23 of the Animal Protection Act (APA) states:

Directions of inspector…

23 (1) An inspector… may give directions orally or in writing for the carrying out of duties under this Act or the regulations and may require that such directions be carried out within such time as is specified.

(2) Directions given orally under subsection (1) must be confirmed in writing as soon as practicable. 2018, c.21, s.23.

Under this authority, you are required to comply with the Order to Comply that you have received.

The APA identifies owners or custodians as ‘persons’ responsible for the care of animals in their custody (or those in charge of a minor with an animal). No person shall cause or permit an animal to be in distress.

Under the APA, distress is defined in Section 2, subsection (2) as:

An animal is in distress if the animal is:

(a) in need of adequate care, food, water or shelter or in need of reasonable protection from heat or cold appropriate to the animal;

(b) injured, sick, in pain or suffering undue hardship, anxiety, privation or neglect;

(c) deprived of adequate ventilation, space, veterinary care or medical treatment;

(d) abused

(e) subjected to cosmetic surgery as defined in Section 27;

(f) kept in conditions that are unsanitary or unsafe so as to impair the animal’s health, safety or well-being;

(g) kept in conditions that contravene the standards of care prescribed by the regulations;

(h) subjected by any person to being trained for or engaged in animal fighting; or

(i) subjected to circumstances prescribed by the regulations. 2018, c.21, s.2.

The remedies outlined in your Order to Comply are derived from the list above. The Inspector has determined that your animal(s) is (are) in distress and you are required to comply with those orders to relieve the distress. The order is provided to you in an effort for you to correct the situation with your animal(s); relief of the distress and compliance of the Act and Regulations are our goals.

While the Inspector has outlined requirements in your Order to Comply that you must follow, you may have questions after reviewing this information. Please contact the investigating officer via the information they provided on your Order to Comply.

If you disagree with the Order to Comply, you must still comply with it. Please refer to the Failure to Comply section below. You may choose to discuss your concerns with the Inspector.

Inspectors are also available by email at: (first initial, last name)@spcans.ca. Please provide your name and the file number when emailing or leaving a message.

The APA provides inspectors with broad authority to inspect animals.

Specifically, under Section 20 (Inspection of premises):

An Inspector may (a) at any reasonable hour of the day or night inspect any premises, other than a private dwelling place, and …

(f) take any action considered necessary or advisable by the inspector…

Further, regarding entry and assistance, Section 20 of the APA states:

(2) An inspector…may require any person to produce any animal on the premises, including from within the private dwelling place, for examination…

(5) The owner or person in charge of the premises entered by an inspector…and any person found within the premises shall

(a) give the inspector…all reasonable assistance to enable the inspector to carry out any action authorized under this Act.

(b) comply with all reasonable directions of the inspector.

(6) An inspector…may (c) make any inspection or inquiry necessary or advisable to ascertain whether this Act or the regulations, or any order or direction made under this Act or the regulations, are being complied with;

Section 22 of the APA speaks to interference or obstruction:

(1) No person shall interfere with or obstruct a person in the exercise of the person’s powers or performance of the person’s duties under the Act.

If an owner or custodian does not comply with an Order to Comply, the APA provides authority to obtain a warrant to search your property. A warrant is executed with Police Officers in attendance and you will have no choice but to allow the attending Officers entry into your dwelling. Should you not be home or choose not to open the door, forceable entry will be made. Animals found in distress may be seized.

Additionally, the APA provides fines and other penalties for those owners or custodians who do not comply with an Order to Comply and cause or permit their animal(s) to be in distress. (Those are available for viewing under Section 41 of the APA.) Other charges can be viewed through these links: APA Schedule 41, or Care Regulations Schedule 41A.

For clarity, the goal of the Nova Scotia SPCA, through their Enforcement Inspectors, is to gain compliance and to ensure animals are not in a situation where they are in distress or must be seized. Inspectors will make all reasonable attempts to assist you in complying with your lawful obligations under the legislation. However, please be aware that even if you comply with your Order to Comply, you may still be charged with an offence.

Following is a Sample Order to Comply, which may assist you in understanding your obligations.

In most cases, owners and custodians comply with their Order to Comply and we do not have occasion to deal with individuals again. While records remain in the custody of the Nova Scotia SPCA, they are not open to outside inquiries, except as required by law.

The Nova Scotia SPCA, through its Enforcement Department, remains committed to the welfare of animals.

Concerns or questions regarding this document can be emailed to animals@spcans.ca.