New Brunswick Dog Breeder Licensing Requirements

It is an offence to operate a pet establishment without a licence (Society for the Prevention of Cruelty to Animals Act, s. 24). A pet establishment is an animal shelter, a pet retail store or a kennel, and a kennel is "a premises where dogs are bred or boarded for consideration" (Pet Establishment Regulation, s. 2). The regulation creates three licence classes: animal shelter, pet retail store and kennel (s. 4). It sets no minimum number of dogs, intact females or litters; the test is whether dogs are bred or boarded for payment. Grooming establishments, training operations, veterinary clinics that board animals for clinical purposes only, research and educational facilities, livestock premises, horse stables, zoos and circuses, and any other premises the society decides are exempt (s. 3). Separate from licensing, anyone who owns or cares for more than five dogs over six months of age must provide food, water, shelter and care in line with the CVMA Code of Practice for Canadian Kennel Operations, Third Edition (2018) (General Regulation, s. 4(1.1)). No one may sell or offer to sell a dog or cat without a certificate of health issued by a veterinarian, even if the buyer waives it (Act, s. 23.1; General Regulation, s. 5.1).

Applications and renewals go to the New Brunswick SPCA on a form the society provides (Pet Establishment Regulation, s. 5(1)). The provincial government's licence page lists the NBSPCA at P.O. Box 1412, Station A, Fredericton, NB E3B 5E3, telephone 506-458-8208. An application must include proof of compliance with zoning by-laws or zoning regulations under the Community Planning Act if a new premises is chosen, the name and address of the veterinarian who will serve the kennel, and the fee (s. 5(2)). An animal protection officer must inspect the premises before a first licence is issued (s. 6(1)). The licence is valid for one year, cannot be transferred, is subject to the terms and conditions written on it, and must be posted in a prominent place on the premises (ss. 8, 9, 10 and 16). Every advertisement for the kennel must include its name and licence number (s. 15). The licence holder may not alter or extend the premises in a way that affects the licensed activity without the society's approval (s. 14). If the society refuses a licence it must give written reasons (s. 11), and it may suspend or cancel a licence for misstatements on the application, breaches of the Act, regulations or licence conditions, or a conviction for an animal-related offence under provincial law or the Criminal Code (s. 12).

The annual fee is $250 for a kennel licence, $250 for a pet retail store licence and $100 for an animal shelter licence (Pet Establishment Regulation, s. 7). The provincial government's fee table lists the $250 kennel licence fee as effective June 1, 2010. Pet establishment licence fees are paid into the provincial Animal Protection Account, which funds animal protection (Act, s. 32). The registration and registration fee under the provincial Dog Control Regulation, and any municipal dog licence fee, do not apply to a dog kept in a pet establishment until it is sold or otherwise leaves the establishment (Pet Establishment Regulation, s. 19).

Animal protection officers are appointed by the Minister and may be officers, agents or employees of the NBSPCA (Act, s. 8); while enforcing the Act they have the powers of a peace officer anywhere in the province (s. 11). Before a licence is first issued an officer must inspect the premises, and before a renewal an officer may inspect, with a copy of the inspection report going to the applicant (Pet Establishment Regulation, s. 6). An officer may at any reasonable time enter and inspect a licensed pet establishment, or any place other than a dwelling house that the officer believes is used for a pet establishment, may apply for an entry warrant, may require the licensee to produce any animal or any non-financial records, and may seize an animal that needs immediate attention (Act, s. 15). Kennel licence holders must comply with the CVMA Code of Practice for Canadian Kennel Operations, Third Edition (2018) (Pet Establishment Regulation, s. 20(1)). The Code's requirements include that a female is not bred before her second estrous cycle or 18 months of age, whichever comes first, unless a veterinarian recommends otherwise; that the frequency and total number of breedings are set in consultation with a veterinarian; and that puppies are fully weaned and at least eight weeks old before going to a new owner unless a veterinarian directs otherwise.

A kennel licence holder must keep an animal registry on the premises (Pet Establishment Regulation, s. 17). For each animal acquired by sale, lease, loan, trade, adoption or gift it records the date, the name and address of the source, the first owner if different, and a description of the animal (date of birth, breed or breeds, identification tag, tattoo, microchip, reproductive status and vaccination history). It also records each birth, each death, and each departure with the date and the name and address of the person or organization acquiring the animal. Registry information must stay on the kennel premises for at least three years (s. 17(3)). Anyone acquiring an animal from a licence holder must be given the animal's description as recorded in the registry (s. 18). For each dog or cat sold, the veterinarian's certificate of health must be on the prescribed form, cover only one animal and one sale, and expire six months after it is issued (General Regulation, s. 5.1). The CVMA Kennel Code also requires individual identification, health and whelping records, kept for at least two years after the animal leaves the premises or dies.

Fines are set by category under the Provincial Offences Procedure Act. Operating a pet establishment without a licence is a category C offence (Act, s. 24), as is selling a dog or cat without a certificate of health (s. 23.1), with a fine of $140 to $1,100 (Provincial Offences Procedure Act, s. 56(3)). Breaching any provision of the regulations, including the licence and registry rules, is a category B offence with a fine of $140 to $640 (Act, s. 26; Provincial Offences Procedure Act, s. 56(2)). Failing to provide food, water, shelter and care in accordance with the regulations is a category J offence (Act, s. 19), with a fine of $500 to $200,000 and possible imprisonment of up to 18 months (Provincial Offences Procedure Act, ss. 56(10) and 64(3)). Obstructing an animal protection officer is a category D offence with a fine of $140 to $2,100 (Act, s. 12; Provincial Offences Procedure Act, s. 56(4)). On conviction a judge may prohibit the person from owning or having animals for a set period, must make such an order for a second or subsequent offence (for life or a set period), and may vest ownership of the animals in the NBSPCA (Act, s. 27). The NBSPCA may also suspend or cancel the kennel licence (Pet Establishment Regulation, s. 12).