CANADA
Animal protection Bill 54, An Act to improve the legal situation of animals, was passed unanimously on 4 December 2015. It amends the Civil Code of Québec to explicitly provide that animals are sentient beings and not things. The Animal Welfare and Safety Act is enacted, its purpose being to establish various rules to provide proper protection for domestic animals and certain wild animals. To that end, the owner or custodian of an animal must ensure that the animal receives care that is consistent with its biological needs. As such, that person must ensure that the animal has access to drinking water and food of acceptable quality in sufficient quantity. The animal must be kept in a suitable place that is sanitary and clean with sufficient space and lighting. The new Act also prohibits a series of acts, such as abandoning an animal or training it to fight. The Act requires veterinary surgeons and agrologists to report cases of animal abuse or mistreatment. In addition, the Act grants immunity to any person who, having reasonable cause to believe that an animal’s welfare or safety is compromised, reports the situation in good faith.
The Act also includes a series of measures to fight what are commonly called “puppy mills”. Consequently, any person or enterprise that is the custodian of 15 or more cats, dogs or equines must hold a permit issued by the Minister of Agriculture, Fisheries and Food.
In addition, the Act introduces measures for providing assistance to animals in distress, such as powers relating to inspections, orders, seizures and confiscations.
Lastly, the Act determines the penal provisions applicable when its provisions are contravened. In the case of a natural person, a fine of up to $62,500 may be imposed, depending on the severity of the offence. The fine may be doubled in the case of a second offence and even tripled for a subsequent offence. For subsequent offences, a maximum term of imprisonment of 18 months may be imposed.
The Act is based on Canadian legislation The Parliamentarian | 2016: Issue One | 71
that received top ranking from the Animal Legal Defense Fund, specifically, legislation passed by Manitoba, Ontario and British Columbia.
Health
On 10 November 2015, the National Assembly passed Bill 20, An Act to enact An Act to promote access to family medicine and specialized medicine services and to amend various legislative provisions relating to assisted procreation.
It enacts the Act to promote access to family medicine and specialized medicine services, which introduces certain obligations applicable to the practice of physicians who participate in the Québec Health Insurance Plan. General practitioners must provide medical care to a minimum caseload of patients and make themselves available to insured persons by means of an appointment system set up in accordance with the Act. Medical specialists are required to offer medical consultations, elsewhere than in the emergency department of an institution, to patients who are not users admitted to a centre operated by an institution. If a physician fails to fulfil these obligations, his or her remuneration will be reduced by the
Régie de l’assurance maladie du Québec. In addition, requirements are introduced to ensure continuity of care for patients. Lastly, an information system designed to allow patients to find a physician who agrees to provide medical care to them is set up. This Act also amends the Act respecting clinical and research activities relating to assisted procreation to add various provisions applicable to such activities. Research projects concerning such activities must be approved and monitored by the research ethics committee established by the Minister of Health and Social Services. The Collège des médecins du Québec is required to draw up guidelines on assisted procreation and ensure that they are followed. Furthermore, assisted procreation activities must, in some cases, be preceded by a positive psychosocial assessment of the parties to the parental project. The Health Insurance Act is amended as well to provide that assisted procreation activities, with the exception of artificial insemination services, will no longer be covered under the public health insurance plan, but that fertility preservation services will be added to that coverage.
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