Standards of Care for Cats and Dogs Regulations
made under Section 46 of the
Animal Protection Act
S.N.S. 2018, c. 21
N.S. Reg. 182/2019 (effective November 12, 2019)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Application of these regulations
Definitions
General standards of care
Standards of care for animals outdoors
Standards of care for shelters
Animal’s ability to adapt to weather conditions
Standards of care for pens
Standards of care for tethering
Standards of care for transporting animals
Inspector or peace officer removing animal from motor vehicle
Certificate of health on sale of animal
Citation
1 These regulations may be cited as the Standards of Care for Cats and Dogs Regulations.
Application of these regulations
2 (1) Except as provided in subsection (2), these regulations apply to
(a) only animals that are cats and dogs; and
(b) every custodian of a cat or dog.
(2) These regulations do not apply with respect to a cat or dog that is being cared for at
a veterinarian facility in any of the categories set out in Section 70 of the
Veterinary Medical Regulations made under the Veterinary Medical Act.
Definitions
3 In these regulations,
“Act” means the Animal Protection Act;
“pen” means an outdoor enclosure used to confine an animal by means of a fence,
wall or natural structure in order to prevent the animal from leaving a property;
“shelter” means a structure, such as a dog house, shed, hangar, barn or garage, or
part of such a structure, to which an animal has access;
“tether” means a rope or similar material that is attached on one end to the neck,
head or body of an animal for restraint or control and is affixed at the other end to
a stationary object.
General standards of care
4 (1) For the purposes of clause 2(2)(a) of the Act,
(a) water is adequate if it meets all of the following criteria:
(i) it is clean, fresh, potable, unfrozen water of a drinkable temperature,
(ii) it is accessible by an animal in sufficient volume, taking into account
the weather and temperature, to maintain normal hydration for the
age, species, condition, size and type of the animal, or in a volume
prescribed by a veterinarian;
(b) food is adequate if it meets all of the following criteria:
(i) it is accessible to an animal in sufficient quantities and nutritive value
to enable the animal to maintain healthy growth and a healthy body
weight for the age, breed, condition and size of the animal, or in
quantities or nutritive value prescribed by a veterinarian,
(ii) it is provided at suitable intervals for the species, age, and condition
of the animal, but at least once daily, or at intervals prescribed by a
veterinarian.
(2) An animal’s custodian must ensure that a receptacle or container that is intended
for providing food or water to the animal is usable and designed and placed in a
manner that prevents spillage, injury and contamination.
(3) An animal’s custodian must ensure that the animal receives regular grooming and
claw care.
(4) An animal’s custodian must ensure that a collar or restraining device that is used
on the animal meets all of the following criteria:
(a) it is well-fitted;
(b) it is appropriate to the age and size of the animal;
(c) it does not hamper the animal’s ability to breathe;
(d) it does not cause trauma or injury to the animal.
Standards of care for animals outdoors
5 An animal’s custodian must ensure that an area in which the animal is being kept
outdoors meets all of the following criteria:
(a) the area provides protection from inclement weather to which the animal
could otherwise be exposed and that could cause the animal to be in
distress, as determined in accordance with Section 7;
(b) shade is accessible to the animal at all times within the area;
(c) the area is clean and free from excess excrement.
Standards of care for shelters
6 (1) An animal’s custodian must ensure that the animal has continuous access to a
shelter if the animal is kept outdoors
(a) for more than 12 hours at a time; or
(b) in any weather conditions that could cause the animal to be in distress, as
determined in accordance with Section 7.
(2) An animal’s custodian must ensure that a shelter required by this Section meets all
of the following:
(a) it does not present a risk to the health or safety of the animal;
(b) it is accessible to the animal;
(c) it provides protection from inclement weather;
(d) it is sufficiently ventilated to prevent the accumulation of moisture and
odours;
(e) it has flooring and bedding that is clean and dry and sufficient to provide
adequate insulation from inclement weather;
(f) for a dog shelter, its ceiling height is at least 5 cm greater than the height of
the dog in a sitting position measured from the top of the dog’s head to the
ground;
(g) its sleeping area allows for the animal to easily turn around and lie down.
Animal’s ability to adapt to weather conditions
7 In deciding whether protection from inclement weather is required under clause 5(a) or
whether weather conditions require an animal to have continuous access to a shelter
under clause 6(b), an animal’s custodian must consider all of the following to determine
the animal’s ability to adapt to weather conditions:
(a) the animal’s age;
(b) the animal’s health;
(c) the animal’s breed;
(d) the animal’s ability to adapt to the heat or cold;
(e) the animal’s coat;
(f) the outdoor temperature;
(g) the inclement weather that the animal could be exposed to.
Standards of care for pens
8 (1) An animal’s custodian must ensure that a pen used for the animal meets all of the
following:
(a) it is designed and located to prevent injury or distress to the animal;
(b) it has a clean and dry place that is free from excessive excrement where the
animal can lie down;
(c) it is kept in good repair.
(2) If more than 1 animal is kept in a pen, the animals’ custodian must ensure that the
pen has an area large enough to provide the animals with adequate space for all of
the following:
(a) feeding, resting, urinating and defecating;
(b) engaging in species-typical behaviours and maintaining adequate social
distances.
(3) An animal’s custodian must ensure that the animal is not left in a pen unsupervised
for more than 12 consecutive hours.
(4) If an animal is kept in a pen for longer than 12 consecutive hours in any 24-hour
period, the animal’s custodian must ensure that the animal has time out of the pen
during that same 24-hour period to allow for exercise, socialization and protection
from inclement weather.
Standards of care for tethering
9 (1) An animal’s custodian may tether the animal for a maximum of 12 hours in any
24-hour period.
(2) If an animal has been tethered for 12 consecutive hours, the custodian of the
animal must untether the animal for 12 consecutive hours before tethering the
animal again.
(3) An animal’s custodian must ensure that the minimum length of a tether used on the
animal is the greater of
(a) 5 m; and
(b) 5 times the length of the animal, as measured from the tip of its nose to the
base of its tail.
(4) In addition to the length requirement of subsection (3), an animal’s custodian must
ensure that a tether used on the animal meets all of the following:
(a) it allows the animal to reach its food and water and a clean, dry, place to lie
down in a shaded area or shelter, if required by these regulations;
(b) it allows the animal to move in a manner that is safe and, except by the
length of the tether, is unrestricted;
(c) it is configured to prevent the animal from doing any of the following:
(i) becoming entangled with other objects or animals,
(ii) moving over an edge, such as the edge of a wall or stairway, in a
manner that could result in strangulation or injury of the animal;
(d) it does not cause discomfort for the animal because of its type or weight.
Standards of care for transporting animals
10 (1) Except as provided in subsection (2), a person must not transport an animal in the
trunk of a motor vehicle.
(2) Subsection (1) does not apply to a motor vehicle that does not have a closed area
as its main storage compartment, such as a station wagon, passenger van,
sport-utility vehicle or hatchback model.
(3) A person must not transport an animal in a motor vehicle outside the passenger
compartment unless the animal is confined or secured
(a) in a container that meets the requirements of subsection (4); and
(b) in a manner that prevents the animal from
(i) experiencing injury or distress,
(ii) falling off the vehicle or otherwise injuring itself, and
(iii) causing a hazard to other vehicles.
(4) A container that is used to transport an animal in a motor vehicle outside the
passenger compartment must meet all of the following requirements:
(a) it must be constructed to prevent an animal from escaping;
(b) it must be constructed to allow the animal to have good footing, protection
from inclement weather and adequate ventilation;
(c) it must be durable and kept in good repair;
(d) it must be large enough to enable the animal to turn around normally, to
stand and sit erect and to lie in a natural position;
(e) it must be secured to the motor vehicle.
(5) A person must not leave or confine an animal in any unattended motor vehicle or
enclosed container under any conditions that could endanger the health or
well-being of the animal or any circumstances that could reasonably be expected to
cause distress or death to the animal, including any of the following:
(a) heat;
(b) cold;
(c) lack of adequate ventilation;
(d) lack of food or water.
Inspector or peace officer removing animal from motor vehicle
11 (1) An inspector or peace officer may remove an animal from a motor vehicle or other
enclosed container if the animal’s safety appears to be in immediate danger from
any of the conditions or circumstances referred to in subsection 10(5).
(2) An inspector or peace officer who removes an animal from a motor vehicle must
take it to an animal shelter or other place of safekeeping or, if the inspector or
peace officer considers it necessary, to a veterinary hospital for treatment.
(3) After a reasonable effort to locate the owner or other person responsible has been
made, an inspector or peace officer is authorized to take all steps that are
reasonably necessary to remove an animal from a motor vehicle or other enclosed
container, including breaking into the motor vehicle.
(4) An inspector or peace officer who removes an animal from a motor vehicle must
leave a written notice that states all of the following in a secure and conspicuous
location on or within the motor vehicle:
(a) their name and title;
(b) the address of the location where the animal can be claimed.
(5) Subject to the Act, an animal that has been removed from a motor vehicle or
enclosed container by an inspector or peace officer may be claimed by the owner
only after payment of any expenses that have accrued for maintaining, caring for,
medically treating or impounding the animal.
(6) This Section does not affect in any way existing liabilities or immunities under the
Act, or create any new immunities or liabilities.
Certificate of health on sale of animal
12 (1) In this Section, “certificate of health” means the veterinarian’s certificate of health
required by subsection 26(6) of the Act on the sale of an animal.
(2) A certificate of health is valid for only 1 animal.
(3) A certificate of health is valid for 6 months from the date it is issued and is valid
for only 1 sale.
(4) A certificate of health must be in the form posted on the Department of Agriculture
website.