Animal Care Regulation

Animal Care Regulation, M.R. 126/98 The Animal Care Act , C.C.S.M. c. A84 Regulation 126/98 Registered July 29, 1998 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 Meaning of "suffering unduly" 1.2 Additional accepted activities 2 Incorporation of codes of practice and other standards 3 Euthanasia 4 Treatment and maintenance of animals in certain accepted activities 5 Prohibited practices 5.1 Consigned animal that is unfit or suffering unduly 5.2 Reporting requirements for commercial animal markets and assembling stations 5.3 Immunity from action 6 Kennels — prescribed animal number 6.1 Companion animal breeding premises — prescribed animal number 7 Keeping and using sled dogs 7.1 Housing unrelated animals at a pound or similar facility 8 Licence applications 9 Licence fees 10 Prohibition on alteration of licensed premises without approval 11 Term and renewal of licences 12 Standards of construction for licensed premises 12.1 Space requirements for companion animal retail stores 13 Standards of hygiene for licensed premises 14 Standards of feeding and watering for licensed premises 15 Standards for health and disease control for licensed premises 16 Repealed 17 Director may issue modification or upgrade order 18 Suspension or cancellation of licence for breach of order 19 Records of suppliers of animals to retail stores 20 Register of persons operating licensed premises 21 Manner of giving an order under section 10.1 of the Act 22 Manner of giving notice of sale or destruction Schedule A (section 2) B (section 2) C Standards of care — circus animals D Standards of care — non-domestic animals Definitions 1 The following definitions apply in this regulation. "Act" means The Animal Care Act . («  Loi  ») "Agriculture and Agri-Food Canada" means the department of the Government of Canada known by that name on the day this regulation comes into force and includes any successor to that department and any agency of the Government of Canada that after that day carries out any function of that department. (« ministère fédéral ») "Canadian Agri-Food Research Council" means the non-profit corporation known by that name on the day this regulation comes into force and includes any successor to that corporation that carries out any function of that corporation. (« Conseil ») "humane" , in relation to the custody and maintenance of an animal, means to provide the animal all the necessities of life and to maintain the animal in living conditions that do not cause it distress. (« de façon humanitaire ») "non-domestic species" means a species of animal that is not one of the following: (a) horse ( Equus ferus caballus ), mule or donkey ( Equus africanus asinus ); (b) cattle ( Bos primigenius indicus , Bos primigenius taurus ); (c) swine ( Sus scrofa domestica ); (d) sheep ( Ovis aries aries ); (e) goat ( Capra aegagrus hircus ); (f) poultry ( Gallus gallus domesticus , Meleagris gallopavo ); (g) dog ( Canis lupus familiaris ); (h) cat ( Felis catus ). (« espèce non domestique ») "PMU operation" means an establishment where horses are kept for the purpose of collection of urine of pregnant mares. (« exploitation UJG ») M.R. 121/2010 Meaning of "suffering unduly" 1.1 For the purposes of 5.2 of the Act and sections 5.1 and 5.2 of this regulation, an animal is suffering unduly (a) if it has suffered serious injury or harm that has not received veterinary treatment or extreme anxiety or distress that has significantly impaired its health or well-being and has not received such treatment; and (b) if veterinary treatment to relieve the animal's suffering is not immediately available or it would be inhumane to leave the animal untreated for any length of time. M.R. 121/2010 Additional accepted activities 1.2 For the purpose of clause 4(1)⁠(o) of the Act, the following are accepted activities: (a) keeping, using, handling and displaying animals in the course of operating, working in or participating in a circus; (b) kennelling companion animals; (c) breeding companion animals; (d) keeping, handling, displaying and selling companion animals in a companion animal retail store or a part of the business operations of such a store. M.R. 121/2010 Incorporation of codes of practice and other standards 2(1) The recommended codes of practice for the care and handling and other standards or codes of practice, criteria, practices and procedures set out in Schedules A and B, all as revised from time to time, are incorporated into this regulation by reference and, for the purposes of clause 4(2)⁠(a) of the Act, are specified as acceptable. 2(2) Without limiting the general application of subsection (1), for the purposes of clause 4(2)⁠(a) of the Act, the following codes and standards are specified as acceptable for the following activities: (a) in relation to keeping, using, handling and displaying animals in the course of operating, working in or participating in a circus, the standards set out in or the codes and standards referred to in Schedule C that are applicable to the species kept, used, handled or displayed; (b) in relation to kennelling companion animals, breeding companion animals or keeping, handling, displaying and selling companion animals in a companion animal retail store or a part of the business operations of such a store, the codes and standards set out in Schedules A, B and D that are applicable to the species (i) kennelled, (ii) bred, or (iii) kept, handled, displayed for sale or sold in a companion animal retail store or a part of the business operations of such a store. M.R. 121/2010 Euthanasia 3(1) Except as provided in subsection (2), euthanasia of an animal shall be carried out in accordance with the procedures set out (a) in the 1993 Report of the American Veterinary Medical Association Panel on Euthanasia , published by the American Veterinary Medical Association; or (b) in the Guide to the Care and Use of Experimental Animals and in policies and guidelines, published by the Canadian Council on Animal Care; all as revised from time to time. 3(2) Animals may be humanely euthanised by the use of firearms in accordance with the Guidelines for Euthanasia of Domestic Animals by Firearms , published by the Canadian Veterinary Medical Association. Treatment and maintenance of animals in certain accepted activities 4(1) Horses kept in a PMU operation shall be cared for humanely, in accordance with the Recommended Code of Practice for the Care and Handling of Horses in PMU Operations , approved by Manitoba Agriculture. 4(2) The slaughter of animals shall be done in accordance with the Meat Inspection Act (Canada) and the Meat Inspection Regulations , 1990 made under that Act and, for the purposes of clause 4(2)⁠(a) of the Act, the standards, criteria, practices or procedures provided for in that Act and those regulations are specified as acceptable. 4(3) Owners or persons in charge of animals present at exhibitions and fairs shall keep the animals in accordance with the standards prescribed in the Animal Safety and Security Manual , published by the Canadian Association of Fairs and Exhibitions, as revised from time to time. 4(3.1) The following persons must ensure that the standards set out or referred to in Schedule C are complied with when an animal is kept, used, handled or displayed in a circus: (a) the operator of the circus; (b) the owner of the circus, if he or she is not the operator. 4(3.2) A person who owns or has control of an animal that is kept, used, handled or displayed in a circus must, in doing any of those activities, comply with the standards set out or referred to in Schedule C. 4(4) Animals raised for the purpose of, or used in research and teaching activities, shall be kept in accordance with the Guide to the Care and Use of Experimental Animals and in policies and guidelines, published by the Canadian Council on Animal Care, as revised from time to time. 4(5) Studies or research involving animals shall be conducted only after review and approval of an animal care committee structured according to the criteria set out in the Guide to the Care and Use of Experimental Animals and in policies and guidelines, published by the Canadian Council on Animal Care, as revised from time to time. 4(6) A person who traps a wild animal must comply with the Trapping of Wild Animals Regulation , Manitoba Regulation 245/90. M.R. 121/2010 Prohibited practices 5 For the purpose of section 5 of the Act, the following practices and procedures are prohibited: (a) contests involving fighting between two or more animals; (b) the outdoor tethering of untended horses by rope or chain where there is no direct supervision; (c) the keeping or confinement of an animal in a facility (i) that contains items or debris that constitute, or (ii) that is in a state of disrepair that constitutes, a hazard likely to injure the animal; (d) the confinement of animals together where there is a high risk of injury to or distress on the part of any of the animals either (i) by, or due to the presence of, any of the other animals, (ii) by or due to the means of confinement, or (iii) by or due to the physical characteristics of the place of confinement; (e) the transportation of a companion animal in the open back of a pickup truck (i) in a manner or in circumstances where the animal is exposed to a high risk of injury, and (ii) notwithstanding subclause (i), on a highway as defined in The Highway Traffic Act except with a proper restraining device or in a closed cage. M.R. 115/2025 Consigned animal that is unfit or suffering unduly 5.1 If a commercial animal market or commercial animal assembling station receives an animal that is suffering unduly or is unable to stand by reason of infirmity, illness, injury, fatigue or any other cause, the manager or person in charge of the market or assembling station must without delay (a) report the fact to the director; or (b) humanely euthanize the animal and report his or her action to the director by the close of business on the last business day of the week. M.R. 121/2010 Reporting requirements for commercial animal markets and assembling stations 5.2 The manager or person in charge of a commercial animal market or commercial animal assembling station must (a) maintain records (i) about animals that, when they were received at the market or assembling station, were suffering unduly or were unable to stand by reason of infirmity, illness, injury, fatigue or any other cause, setting out the following information: (A) the species and number of animals received in such a condition per day or, if applicable, a daily record of the fact that no animals were received, (B) the specifics of each animal's condition, (C) the name, address and contact information of the owner of each animal, (D) the name, address and contact information of the transporter of each animal, (E) the name, address and contact information of the person providing the report, (ii) stating the species and number of dead animals received at the market or assembling station or that died there within 24 hours after arrival and describing the cause of death, if known, and (iii) listing every animal that is euthanized at the market or assembling station for any reason and describing the reason for each euthanization; (b) provide these records to an animal protection officer upon request; and (c) by fax or e-mail provide the director with (i) a weekly summary report of the information required by subclauses (a)⁠(i) and (ii) on a form approved by the director, or (ii) if applicable, a weekly report stating that no animals were received during the week in a condition described in section 5.1 or were euthanized during the week. M.R. 121/2010 Immunity from action 5.3 No action or proceeding may be commenced against a person who complies in good faith with a requirement of section 5.1 or 5.2. M.R. 121/2010 Kennels — prescribed animal number 6(1) For the purpose of the definition "kennel" in subsection 25(2) of the Act, the prescribed maximum number of companion animals that may be kept in a premises that is not a kennel is seven, whether the animals are of the same species or a combination of species. 6(2) The following are exempt from the application of section 25 of the Act: (a) a veterinarian or veterinary clinic in relation to companion animals in the veterinarian's or clinic's care for veterinary medical services; (b) a caregiver in relation to companion animals in the caregiver's care under the Act; (c) a licensed companion animal breeding premises that does not otherwise meet the criteria of a kennel set out in clause (a) of the definition "kennel" set out in subsection 25(2) of the Act. 6(3) The following commercial enterprises are exempt from the application of section 25 of the Act: (a) an agricultural operation as defined in section 1 of The Farm Practices Protection Act ; (b) a sled dog race and the operation of a sled dog racing team. M.R. 121/2010 Companion animal breeding premises — prescribed animal number 6.1 For the purpose of the definition "companion animal breeding premises" in subsection 25.1(2) of the Act, the prescribed maximum number of female companion animals capable of reproduction that may be kept in a premises that is not a companion animal breeding premises (a) is four in the case of dogs; (b) is four in the case of cats; and (c) is 14 in the case of a non-domestic species. M.R. 121/2010 Keeping and using sled dogs 7(1) The owner or operator of a place in which sled dogs are kept or housed must, in relation to the place's construction and operation and the dogs' housing and care, meet the minimum standards set out in the Mush with P.R.I.D.E. Sled Dog Care Guidelines , as revised from time to time. 7(2) A person who races sled dogs or keeps or handles sled dogs in relation to a sled dog race must, in carrying on those activities, meet the minimum standards set out in the Mush with P.R.I.D.E. Sled Dog Care Guidelines , as revised from time to time. M.R. 121/2010 Housing unrelated animals at a pound or similar facility 7.1 Despite any other provision of this regulation, unrelated animals presented to a pound, animal shelter, animal rescue facility or a facility operated for a similar purpose must only be confined in the pound, shelter or facility in an individual cage, pen, room or run. M.R. 121/2010 Licence applications 8 A person who makes an application for a licence to operate a kennel, companion animal breeding premises or companion animal retail store shall (a) submit the application to the director on a form approved by the director accompanied by (i) a statement of the types and breeds animal to be housed or bred and the number of breeding and non-breeding adult animals that will be kept at the kennel, companion animal breeding premises or companion animal retail store, and (ii) any other information or documents required by the director; and (b) submit a scale drawing or blueprint of the kennel, companion animal breeding premises or companion animal retail store to the director. M.R. 121/2010 Licence fees 9(1) Subject to subsection (2), the licence fee for (a) a kennel licence is $100; (b) a companion animal breeding premises licence is $100; and (c) for a companion animal retail store licence is $100. 9(2) There is no licence fee for a kennel licence for a pound, animal shelter or animal rescue facility if it is registered as a charity under the Income Tax Act (Canada). M.R. 121/2010 Prohibition on alteration of licensed premises without approval 10(1) No person shall alter or modify a licensed kennel, companion animal breeding premises or companion animal retail store without the prior approval of the director in writing. 10(2) Section 8 applies with necessary modifications to an application for approval to alter or modify a licensed kennel, companion animal breeding premises or companion animal retail store. M.R. 121/2010 Term and renewal of licences 11(1) A licence issued under section 29 of the Act is valid for one year from the day it is issued. 11(2) A licence holder who wishes to renew a licence issued under the Act shall, no later than 60 days before the expiry of the licence, submit an application for renewal to the director on a form approved by the director accompanied by the licence fee set out in section 9 for the type of licence. 11(3) An application for renewal of a licence issued under the Act shall be accompanied by a current inventory of the number and breeds of animals in the licensed kennel, companion animal breeding premises or companion animal retail store. 11(4) Before renewing a licence, the director may require the licensed kennel, companion animal breeding premises or companion animal retail store to be inspected. 11(5) Where the director requires an inspection under subsection (4), the licence holder shall ensure that the person who performs the inspection submits a report regarding the results of the inspection to the director on a form approved by the director. 11(6) A licence holder, or a person who held a licence that has expired, shall submit an annual report to the director (a) when he or she applies to renew the licence; or (b) on the anniversary date of the licence having been issued; whichever is earlier. The report must be on a form approved by the director and must contain or be accompanied by the information required by the director. M.R. 121/2010 Standards of construction for licensed premises 12(1) Subject to subsection (1.1), the standards of construction for licensed premises shall (a) in the case of licensed premises at which dogs are kept, be as set out in A Code of Practice for Canadian Kennel Operations , published by the Canadian Veterinary Medical Association, as revised from time to time; (b) in the case of licensed premises at which cats are kept, be as set out in A Code of Practice for Canadian Cattery Operations , published by the Canadian Veterinary Medical Association, as revised from time to time; and (c) in the case of licensed premises at which animals of non-domestic species are kept, be as set out in Schedule D. 12(1.1) In the case of licensed premises at which a combination of the species referred to in subsection (1) is kept, (a) a code or Schedule referred to in any of clauses (1)⁠(a) to (c) applies to those parts or areas of the licensed premises in which the applicable species is kept, handled or displayed; and (b) parts or areas of the licensed premises where more than one species are kept, handled or displayed must comply with the combination of those codes and that Schedule that best ensures the well-being of all the animals that are kept, handled or displayed in the part or area of the premises. 12(1.2) If the owner, manager or person in charge of licensed premises is unable to comply with clause (1.1)⁠(b), he or she must not keep, handle, or display in the part or area an animal of a species covered by a code or Schedule with which the part or area does not comply. 12(2) Every holder of a kennel, companion animal breeding premises or companion animal retail store licence issued under the Act shall ensure that all electrical fixtures in the licensed premises are constructed and maintained in accordance with the requirements of the Manitoba Building Code for electrical fixtures exposed to a wet environment. M.R. 121/2010 Space requirements for companion animal retail stores 12.1 The holder of a companion animal retail store licence must ensure that, (a) if dogs are kept, handled or displayed at the store, they are only kept, handled or displayed in accordance with the Recommended stocking densities for dogs kept in a pet retail environment , published by the Pet Industry Joint Advisory Council of Canada; (b) if cats are kept, handled or displayed at the store, they are only kept, handled or displayed in accordance with the Recommended stocking densities for cats kept in a pet retail environment , published by the Pet Industry Joint Advisory Council of Canada; (c) if birds are kept, handled or displayed at the store, they are only kept, handled or displayed in accordance with the Recommended stocking densities for birds kept in a pet retail environment , published by the Pet Industry Joint Advisory Council of Canada; and (d) if small animals are kept, handled or displayed at the store, they are only kept, handled or displayed in accordance with the Recommended stocking densities for small animals kept in a pet retail environment , published by the Pet Industry Joint Advisory Council of Canada. M.R. 121/2010 Standards of hygiene for licensed premises 13 Every holder of a kennel, companion animal breeding premises or companion animal retail store licence issued under the Act and every operator of such a licensed premises shall ensure that (a) the litter or bedding material in every cage, pen, stall or enclosed compound in the licensed premises is changed as often as is necessary to keep the litter or bedding dry, clean and free of noxious fumes; (b) the cages, pens or enclosed compounds in the licensed premises utilizing any specialized method for collecting excreta and other waste are cleaned and the excreta removed as often as is necessary to maintain the health and comfort of every animal in the licensed premises; (c) no animal is placed in a vacant cage or pen of which it has not been the last occupant unless the cage or pen and any equipment in it have first been sanitized; and (d) the walls, floors and holding cages in the licensed premises are constructed so as to prevent wastes from contaminating adjacent rooms or cages. M.R. 121/2010 Standards of feeding and watering for licensed premises 14 Every holder of a kennel, companion animal breeding premises or companion animal retail store licence issued under the Act and every operator of such a licensed premises shall ensure that (a) every device used to supply drinking water to animals in the licensed premises is maintained in a sanitary condition and so constructed and maintained as to ensure that the animals are receiving clean and potable water in volumes and at intervals sufficient to meet the requirements of their species; (b) feed supplied for animals in the licensed premises is of a type and amount that provides a nutritionally adequate diet for their species and is palatable and free from contamination; and (c) no animal in the licensed premises is deprived of food for longer than 24 hours. M.R. 121/2010 Standards for health and disease control for licensed premises 15 Every holder of a kennel, companion animal breeding premises or companion animal retail store licence issued under the Act and every operator of such a licensed premises shall ensure that (a) in the case of a licensed premises in which dogs are kept, handled or displayed, the guidelines for immunization and health care set out in A Code of Practice for Canadian Kennel Operations , published by the Canadian Veterinary Medical Association, as revised from time to time, are followed with respect to dogs in the licensed premises; (a.1) in the case of a licensed premises in which cats are kept, handled or displayed, the guidelines for immunization and health care set out in A Code of Practice for Canadian Cattery Operations , published by the Canadian Veterinary Medical Association, as revised from time to time, are followed with respect to cats in the licensed premises; (a.2) the licensed premises is operated in accordance with a health management program that is approved by a veterinarian and includes a written protocol for (i) preventive veterinary care, (ii) vaccination, (iii) parasite control, and (iv) humane euthanasia, when required; (b) any animal in the licensed premises that becomes ill is presented to a veterinarian for timely diagnosis and treatment; (c) dead animals at the licensed premises are disposed of immediately in accordance with the requirements of The Environment Act and The Public Health Act and regulations under those Acts; and (d) waste from the licensed premises is disposed of in accordance with the requirements of The Environment Act and The Public Health Act and regulations under those Acts. M.R. 121/2010 16 [Repealed] M.R. 121/2010 Director may issue modification or upgrade order 17(1) The director may issue an order to a licence holder to (a) modify or upgrade a licensed kennel, companion animal breeding premises or companion animal retail store that does not comply with the requirements of the Act or this regulation; or (b) modify the operation of a licensed kennel, companion animal breeding premises or companion animal retail store where it is not being operated in accordance with the requirements of the Act or this regulation. 17(2) A licence holder to whom an order is issued under subsection (1) shall comply with the order without delay. M.R. 121/2010 Suspension or cancellation of licence for breach of order 18 For the purpose of clause 32(c) of the Act, the director may suspend or cancel the licence of a licence holder if he or she is satisfied that the licence holder has failed to comply with an order made by the director under this regulation. Records of suppliers of animals to retail stores 19(1) The persons described in subsection (2) must, in relation to a licensed companion animal retail store, (a) keep records of (i) the name, address and contact information of each supplier that supplies an animal to the companion animal retail store, and (ii) the species and number of animals obtained from each supplier; (b) keep any particular record for at least two years from the date it is made; and (c) provide these records to the director or an animal protection officer upon request. 19(2) Subsection (1) applies to the person who holds the companion animal retail store licence and to the manager or person in charge of the companion animal retail store. M.R. 121/2010 Register of persons operating licensed premises 20 A register of persons who operate licensed premises established by the director must contain (a) the business name or name of the person who holds the licence; (b) the business name or name of the owner of the premises, if it is different from the information required by clause (a); (c) the name of the municipality where the premises are located; (d) the type of licence; and (e) the licence's expiry date. M.R. 121/2010 Manner of giving an order under section 10.1 of the Act 21(1) For the purposes of section 10.1 of the Act, the director may give an order to the owner of the animal to which the order pertains (a) by delivering the order to the owner; (b) by leaving it at the place where the director believes on reasonable grounds that the animal is located; or (c) by mailing or delivering it to the owner at his or her last known address, according to the director's most recent information, using a mail or delivery service that provides the director with an acknowledgment of receipt. 21(2) An order given in accordance with subsection (1) is deemed to have been given to the owner on the day that it is delivered to the owner, left at the place referred to in clause (1)⁠(b) or mailed or delivered in accordance with clause (1)⁠(c). M.R. 121/2010 Manner of giving notice of sale or destruction 22(1) For the purposes of subsection 14(1) or clause 17(1)⁠(a) of the Act, the director may give notice to the owner of an animal that has been seized or taken into custody that the animal will be sold, given away or destroyed (a) by delivering the notice to the owner; (b) by leaving it at the place where the animal referred to in the notice was seized or taken into custody; or (c) by mailing or delivering it to the owner at his or her last known address, according to the director's most recent information, using a mail or delivery service that provides the director with an acknowledgment of receipt. 22(2) A notice given in accordance with subsection (1) is deemed to have been given to the owner on the day that it is delivered to the owner, left at the place referred to in clause (1)⁠(b) or mailed or delivered in accordance with clause (1)⁠(c). M.R. 121/2010 SCHEDULE A (Section 2) Recommended Code of Practice for the Care and Handling of Farm Animals: Beef Cattle , published by Agriculture Canada Recommended Code of Practice for the Care and Handling of Dairy Cattle , published by Agriculture Canada Recommended Code of Practice for the Care and Handling of Special Fed Veal Calves , published by Agriculture Canada Recommended Code of Practice for the Care and Handling of Farm Animals: Pigs , published by Agriculture and Agri-Food Canada Recommended Code of Practice for the Care and Handling of Farm Animals: Horses , published by the Canadian Agri-Food Research Council Recommended Code of Practice for the Care and Handling of Sheep , published by the Canadian Agri-Food Research Council Recommended Code of Practice for the Care and Handling of Poultry from Hatchery to Processing Plant , published by Agriculture Canada Recommended Code of Practice for the Care and Handling of Farmed Deer ( Cervidae ) , published by the Canadian Agri-Food Research Council Recommended Code of Practice for the Care and Handling of Ranched Fox , published by Agriculture Canada Recommended Code of Practice for the Care and Handling of Mink , published by Agriculture Canada SCHEDULE B (Section 2) Guidelines for Euthanasia of Domestic Animals by Firearms , published in the Canadian Veterinary Journal , volume 32, December 1991, page 724 Animal Safety and Security Manual , published by the Canadian Association of Fairs and Exhibitions, 2 nd ed., 1995 Guide to the Care and Use of Experimental Animals , published by the Canadian Council on Animal Care, volume 1, 2 nd ed., 1993 and volume 2, 1984, both as supplemented by policies and guidelines published and revised from time to time by the Canadian Council on Animal Care. A Code of Practice for Canadian Kennel Operations , published by the Canadian Veterinary Medical Association, 2007 Mush with P.R.I.D.E. Sled Dog Care Guidelines Recommended Code of Practice for the Care and Handling of Horses in PMU Operations , approved by Manitoba Agriculture A Code of Practice for Canadian Cattery Operations , published by the Canadian Veterinary Medical Association, 2009 CCAC Guidelines on: the Care and Use of Farm Animals in Research, Teaching and Testing , published by the Canadian Council on Animal Care AVMA Guidelines on Euthanasia , published by the American Veterinary Medical Association, 2007 Recommended stocking densities for dogs kept in a pet retail environment , published by the Pet Industry Joint Advisory Council of Canada Recommended stocking densities for cats kept in a pet retail environment , published by the Pet Industry Joint Advisory Council of Canada Recommended stocking densities for birds kept in a pet retail environment , published by the Pet Industry Joint Advisory Council of Canada Recommended stocking densities for small animals kept in a pet retail environment , published by the Pet Industry Joint Advisory Council of Canada M.R. 121/2010 SCHEDULE C (Section 2) STANDARDS RELATING TO KEEPING, USING, HANDLING AND DISPLAYING ANIMALS IN THE COURSE OF OPERATING, WORKING IN OR PARTICIPATING IN A CIRCUS Definition of "animal" 1 In this Schedule, "animal" means an animal that is kept, used, handled or displayed in the course of operating, working in or participating in a circus. M.R. 121/2010 Recapture plan 2 A circus must have a current plan detailing the procedure for recapturing an escaped animal. The plan must set out the procedure for each species of animal kept, used, handled or displayed. M.R. 121/2010 Information to be provided upon request 3 Upon the request of an animal protection officer, the owner or operator of a circus must provide the animal protection officer with a written record (a) listing the species of animals kept, used, handled and displayed in relation to the circus; (b) describing their housing conditions; and (c) describing the acts they are to perform in Manitoba. M.R. 121/2010 Stimulation and socialization 4 Animals must be provided with stimulation, environmental enrichment and social contact that is appropriate for their species, gender and age. M.R. 121/2010 Housing that allows for natural behaviour 5 An animal must be housed in a way that allows it to move around and to express natural behaviours. M.R. 121/2010 Standards of care 6 An animal should be cared for in accordance with whichever of the following applies to it: (a) if it is a dog, in accordance with A Code of Practice for Canadian Kennel Operations , published by the Canadian Veterinary Medical Association, 2007; (b) if it is a cat, in accordance with A Code of Practice for Canadian Cattery Operations , published by the Canadian Veterinary Medical Association, 2009; (c) if it is an animal of a non-domestic species, in accordance with Schedule D; (d) in any case or circumstance not covered by any of clauses (a) to (c), in accordance with Animal Safety and Security Manual , published by the Canadian Association of Fairs and Exhibitions, 2nd ed., 1995. M.R. 121/2010 Secure and safe transportation 7 An animal must be transported in a manner that ensures its security and safety and, in particular, (a) a large animal, such as an elephant or horse, must be contained in a manner that prevents injury and allows it to stand or lie down; (b) another animal must be kept in a manner that allows it space to stand, lie down fully and turn around; (c) regular stops must be made to offer food and water to the animal and to inspect the animal and its surroundings; and (d) transport containers must have adequate light and ventilation. M.R. 121/2010 Regular exercise 8 An animal should be provided with regular exercise that is appropriate to its species, breed, gender, age and physical condition. M.R. 121/2010 Supervision of animals in contact with the public 9 An animal that is in the presence of, or may come in contact with, the public must be supervised so as to prevent any danger or injury to the animal or any person. M.R. 121/2010 SCHEDULE D (Section 2) STANDARDS OF CARE FOR ANIMALS OF NON-DOMESTIC SPECIES INSTRUCTIONS FOR CARE OF PURCHASED ANIMALS Instructions for care to be given to purchaser 1 A person who sells an animal to another person must give the buyer a document stating the scientific or common name of the animal and setting out instructions that, if followed, will ensure that the animal is adequately cared for. M.R. 121/2010 ENCLOSURES — HOUSING Enclosures — housing 2 An animal's enclosure should be built to reflect its natural habitat (aquatic, terranean, arboreal). The enclosure must be constructed so that (a) it is situated away from areas of disruptive traffic and noise; (b) it can be maintained in a manner that causes minimal disturbance to the animals in it and elsewhere in the facility; (c) it does not contain sharp edges or anything else that can harm the animal; (d) it is built with materials, such as glass, plexiglass, plastic or steel, that are smooth, non-abrasive, non-absorbent and easy to clean and sanitize; (e) if all or part of its floor is wire, (i) the floor must (A) be sufficiently strong to support the combined weight of the animals in the enclosure plus any equipment that rests on the wire floor, (B) have a mesh size that will not injure any animal in the enclosure but will allow fecal matter to fall freely through the mesh, and (C) be set up so that there is no contamination of the cage underneath, (ii) the wire should be coated with an impervious material, and (iii) the floor should include a partial solid area such as a bed or blanket; (f) if the enclosure is an aquarium or contains a water habitat, only glues approved for use in aquariums are used on the enclosure's glass components; (g) if the enclosure contains structures such as branches and perches, they are stable and not prone to collapse, and can be adequately cleaned and disinfected; and (h) if the enclosure is for avian species, it is built with several perches that (i) are easy to clean and disinfect, (ii) are of more than one size and texture, (iii) allow for proper weight distribution, and (iv) promote avian foot health. M.R. 121/2010 Water habitats 3 A water habitat in an enclosure must be constructed so that (a) it is large enough to accommodate the animal; (b) it provides shallow areas for rest, respiration, and basking; (c) except in the case of aquatic species and species that require soaking, it is not deeper than the chin of the animal being housed; and (d) in the case of an enclosure for an aquatic turtle, it is at least as deep as the width of the turtle's carapace to prevent drowning. M.R. 121/2010 Hiding areas 4 Hiding areas should be provided in an enclosure and should be (a) adequate in number for the species number of animals being housed; (b) located across a range of temperature and humidity within the enclosure; (c) constructed so as to prevent animals from moving them or becoming trapped inside of them; and (d) easy to disinfect. M.R. 121/2010 Outdoor facilities 5 An outdoor facility must (a) have a perimeter and an enclosed roof, when appropriate, that is reinforced against animal escapes; (b) be monitored regularly for signs of escape activity, especially along the perimeter; (c) have fencing buried adequately to prevent escapes by underground burrowing; (d) not use chicken wire to secure a perimeter; and (e) not contain toxic plants, pesticides or other harmful substances. M.R. 121/2010 Enclosure size 6(1) Enclosure size should generally be large enough to allow the animal room to move around and to exhibit normal behaviours such as climbing and burrowing. 6(2) A snake enclosure should have two contiguous sides with a total length, measured on their inside surfaces, that is equal to or greater than the fully extended length of the longest snake in the enclosure. 6(3) An avian enclosure must be larger than the largest wingspan of any bird housed in the enclosure. M.R. 121/2010 Escape-proof enclosures for snakes 7 Snakes should be kept in a latched or locked escape-proof enclosure. M.R. 121/2010 When different species may be housed together 8 Different species may be housed together only if they do not affect each other negatively. M.R. 121/2010 Cannibalistic species or animals 9 Species or animals that are cannibalistic must be housed individually. M.R. 121/2010 Housing predators and prey species 10 Prey species must not be housed with predators. This prohibition does not apply to a prey animal that is placed in a predator's enclosure for food. M.R. 121/2010 Predation and harassment by other animals 11 An animal must not be subject to predation or harassment by another animal. M.R. 121/2010 Bedding and surface material 12 Bedding or surface material should be provided and must (a) not be toxic or otherwise harmful; (b) not be irritating to the skin or respiratory tract; (c) either be smooth and large enough to prevent its ingestion or small enough to pass uninhibited through the intestinal tract; (d) be of an adequate amount to permit nesting, egg-laying and burrowing, if applicable; and (e) be adequate in amount and absorbent capability to contain feces and urine. M.R. 121/2010 Cleanliness of water in water habitats 13 Water comprising an aquatic or water habitat in an enclosure should be (a) changed at least weekly, and more frequently for an aquarium smaller than 45.5 L; (b) kept as free of contamination as reasonably possible, especially with species that defecate in their water source; (c) free of harmful substances; (d) aged and acclimatized to the enclosure temperature prior to being added to the animal's environment; (e) aerated for water-dwelling species; and (f) passed through a filter, if applicable. M.R. 121/2010 Temperature, humidity, precipitation and lighting 14(1) Temperature, humidity, precipitation and lighting conditions in an enclosure should reflect those of the animal's natural habitat as closely as possible while still allowing for appropriate hygiene, breeding and management. 14(2) An amphibian or reptile enclosure must have (a) a range of temperatures appropriate to the species it contains; and (b) different temperature zones within the enclosure if moving between such zones is a part of the animal's usual routine in its natural habitat. 14(3) The temperature in an enclosure must not exceed the optimum body temperature for the species it contains. 14(4) Subsection (1) does not apply in respect of the humidity level in the enclosure of a desert species. 14(5) A facility that contains one or more animals of a non-domestic species must be equipped with a thermometer capable of measuring air temperature and, for species that thermoregulate, surface temperature. 14(6) The source of heat in an enclosure or a facility that contains one or more animals of a non-domestic species must not be capable of burning an animal. Hot rocks (rocks with a heating element) must not be used or placed in such a manner that an animal in the enclosure is able to come into direct contact with the rock. 14(7) An amphibian or reptile enclosure must have a source of ultraviolet-B radiation, preferably sunlight, if appropriate for the species contained in the enclosure. 14(8) An amphibian or reptile enclosure must have a range of humidity appropriate for the species contained in it. 14(9) Humidity in an enclosure or a facility that contains one or more animals of a non-domestic species must not be provided by excluding ventilation. M.R. 121/2010 Ventilation 15(1) A facility that contains one or more animals of a non-domestic species must be provided with adequate ventilation. 15(2) An enclosure must have a top or side that is not solid, unless the enclosure is otherwise adequately ventilated. M.R. 121/2010 FEEDING AND WATERING Sanitation of feeding and watering equipment 16 Utensils and dishes for food and water should be (a) cleaned daily; and (b) disinfected before being used for another animal. M.R. 121/2010 Feeding 17(1) The following nutritional requirements must be complied with: (a) an animal must be provided with a diet that is nutritionally balanced and adequate for its species and age; (b) an animal must be fed at regular intervals that are appropriate for its species; (c) individuals in a group of animals housed together must be monitored for adequate nutrient intake; (d) feeding of live vertebrate prey is permitted only when necessary and must be supervised. 17(2) Records of the following should be kept: (a) details of an animal's diet; (b) the dates on which an animal is fed. 17(3) Overfeeding and obesity should be avoided. 17(4) Dietary changes should be made gradually and avoided in species that cannot adapt to variety. 17(5) Feeding should occur separately from an animal's source of drinking water or the drinking water should be changed within 12 hours after feeding. 17(6) Animals must be provided with an adequate source of essential vitamins and minerals, including calcium and vitamin D for amphibians and reptiles. M.R. 121/2010 Drinking water 18(1) Drinking water must be provided in a manner accessible for the species. Examples of this include shallow containers on the ground, containers mounted in trees and misting on vegetation or enclosure walls. 18(2) Sipper bottles must be checked daily to ensure that they are flowing. M.R. 121/2010 CARE Activities and exercise 19 Several sources of environmentally enriching items appropriate for the species housed in an enclosure should be provided in it. For example, an exercise wheel should be provided for small fur-bearing species. M.R. 121/2010 Handling 20(1) The following handling requirements should be complied with: (a) an animal should not be caught or handled by its tail; (b) an amphibian should be handled with gloved or wet hands. 20(2) An animal should be handled in a way that does not cause undue stress to it and in a room or place that is enclosed and has as few places for an escaped animal to hide as is reasonably practical. 20(3) Hands and handling equipment should be washed and sanitized after an animal is handled or transported. M.R. 121/2010 Quarantine 21 An animal should be quarantined before it is introduced into the enclosure of another animal. M.R. 121/2010 Sick or injured animals 22 A sick or injured animal should be treated in its home enclosure if possible. If this is not possible, a second unoccupied enclosure should be available for the animal's treatment. M.R. 121/2010 Brumation 23(1) Brumation should be permitted if it is appropriate for the species. 23(2) A minimum period from November to February is recommended for brumation in temperate terrestrial reptiles. 23(3) There should be a preconditioning period before an animal brumates. The preconditioning period should include (a) a physical exam; and (b) a period of acclimatization to room temperature. 23(4) Weight loss and hydration should be monitored during the brumation period. An animal that loses over 7% of its body weight should be examined for disease or other problems. 23(5) Drinking water should be provided and changed regularly during brumation. M.R. 121/2010 Specific provisions for chelonians (turtles, tortoises and terrapins) 24(1) Chelonians must not be tethered or have holes drilled in the shell for the purposes of tethering. 24(2) Terrestrial chelonians should be soaked several times a week, for up to ½ hour per soaking. 24(3) Gravid females should be provided with a nesting area with bedding material at least as deep as the length of the carapace. M.R. 121/2010 Specific provisions for chinchillas and degus 25 A chinchilla or degu should be (a) provided with access to a sanitized dust bath several times per week; and (b) given the opportunity to chew and wear down its incisors. M.R. 121/2010 Specific provisions for snakes 26 If neither the length nor the width of a snake enclosure is longer than the full length of a snake contained in the enclosure, the snake should be allowed out for exercise with direct supervision several times per week. M.R. 121/2010 Specific provisions for birds 27 Birds should be provided water in a manner suitable for bathing. M.R. 121/2010 TRANSPORTATION Transportation 28 Animals should be transported (a) in a dark, confined and secure enclosure; and (b) at a temperature within their preferred temperature range. M.R. 121/2010 Sanitation of hands and equipment after transportation 29 Hands and equipment should be washed and sanitized after transporting an animal. M.R. 121/2010