Animal Protection Act of Alberta Changes Are Coming

In May of this year, Calgary Humane Society (CHS) was thrilled to be notified that the Provincial Ministry of Agriculture was approving the opening of the Animal Protection Act for stakeholder engagement. A vocal stakeholder regarding the perceived weaknesses of the legislation, CHS jumped at the opportunity for consultation, both from a Humane Society perspective and from an enforcement perspective. CHS is an authorized employer of Peace Officers who are mandated to enforce the Animal Protection Act, so it is very well versed in the nuances and limitations of the current legislation.

CHS explains that while the activist crowd will clamour for increased sentencing penalties, it would be a cosmetic priority. Courts are not handing down penalties even approaching the maximum $20,000 very frequently. There have only been two maximum penalties levied in Alberta’s history. While CHS trusts there is merit in tiering escalated fines for recidivism, it also believes a movement of the goalpost would be an artificial improvement, unlikely to see any meaningful progress in practice.  

CHS advocates for a great deal of amendments that could strengthen Alberta’s protection of the vulnerable, voiceless victims that are animals. One of its main priorities is to see enhanced definitions in the legislation. The priorities come as CHS believes the current Act leaves much to interpretation and omits offences that are becoming commonplace in animal protection legislation as provincial neighbours strengthen their Acts, leaving Alberta stagnant, toward the bottom of the rankings of said legislation.

Distress is the umbrella term for Animal Protection Act offences. Its definition guides the activities of the enforcement bodies assigned to the mandate. Lack of the basic necessities of life, such as food, water, shelter, veterinary care, space and ventilation, comprises neglect offences, whereas abuse would refer to violent acts perpetrated on an animal. CHS believes this definition could be tangibly enhanced by adding the environmental distress of unsanitary conditions, psychological distress of extreme anxiety/fear, access to light, opportunity to exercise and a mirroring of Criminal Code offences like bestiality and animal fighting would bring Alberta’s Act closer to the level of other provinces.

CHS also advocates that abandonment is another area that would benefit from an enhanced definition.  Currently, an animal is required to be without food, water and shelter for over 24 hours, even if the animal is intentionally let loose to fend for itself. CHS has confidence that making this a chargeable section and deleting the 24-hour qualifier would allow enforcement officials to enforce these cruel acts more effectively. CHS also believes the requirement for money to be changing hands, in the case of a boarded animal not retrieved 5 days after expected pick-up, is also unnecessary. It has become a common occurrence for CHS to receive complaints about animals left behind by an associate who was staying with them temporarily. 

Distress exemptions, known as reasonable and generally accepted practices of animal management, care, husbandry, hunting, fishing, trapping, pest control and slaughter, is another area that could stand some clarification, explains CHS, through definition linkage to codes of practice. Currently, this section leans heavily into interpretation, but CHS explains it’s ideal for the public to know what is prohibited and for officers to understand what the threshold is for enforcement. 

CHS has been pushing for improvements to the Animal Protection Act for a decade and is left with a renewed optimism for an Act that better serves Alberta’s animals into the future. 2026 could be a very good year for animal welfare.

Calgaryhumane.ca

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