Nova Scotia Dog Breeder Licensing Requirements

No provincial licence is required to breed or sell dogs in Nova Scotia. The Animal Protection Act lets Cabinet make regulations "respecting the licensing and standards of pet establishments, including catteries, kennels, day and overnight care facilities, breeding facilities, animal rescue facilities and retail stores" (s. 47(1)(h)), but the only regulations in force under the Act are the Chief Inspector Qualifications Regulations and the Standards of Care for Cats and Dogs Regulations. What does apply to breeders: no person may cause an animal to be in distress, and no custodian may permit it (s. 26(1) and (2)); keeping an animal in conditions that break the prescribed standards of care counts as distress (s. 2(2)(g)); no person may sell a cat or dog that has not been issued a certificate of health by a veterinarian, whether or not the buyer waives it (s. 26(6)); and cosmetic surgery, including tail docking, ear cropping, debarking and dewclaw removal, is banned unless a veterinarian performs surgery for medical reasons (ss. 27 and 28). Municipal dog licensing may also apply. In Halifax, no one may own a dog in the municipality without a licence from the municipality, with an exception for dogs six months of age or younger (By-law A-700, s. 5); the by-law does not create a breeder or kennel licence.

There is no provincial licence to apply for. A seller must have a veterinarian issue a certificate of health for each cat or dog before it is sold. The certificate must be in the form posted on the Department of Agriculture website, covers only one animal and one sale, and is valid for six months from the date it is issued (Standards of Care for Cats and Dogs Regulations, s. 12). Breeders should also check local land-use rules and dog licensing by-laws where they keep dogs.

There is no provincial breeder or kennel licence fee. Costs come from compliance itself, such as the veterinary examination and certificate of health needed for each cat or dog sold, and any municipal dog licence fees.

Companion animal inspections are the responsibility of the Chief Inspector and inspectors appointed by the Board of Directors of the Nova Scotia SPCA (Animal Protection Act, ss. 11 and 12), while the Minister and the Provincial Inspector handle farm animals (ss. 16 and 17). No one may act as an inspector unless appointed as a special constable under the Police Act (s. 18(1)). Companion animal inspectors may inspect and monitor on an ongoing basis facilities where companion animals are housed or handled, including kennels and retail stores (s. 19). An inspector or peace officer may enter and inspect any premises other than a private dwelling at any reasonable hour, conduct tests, take samples and seize animals; may require anyone in a dwelling to produce an animal for examination; must get a warrant to enter a dwelling; and may require the production of records relating to an animal's care (s. 20). Where there are reasonable grounds to believe an animal is in distress on premises other than a dwelling, they may enter with or without a warrant and take action, including seizing the animal (s. 30). The standards they enforce include continuous access to a suitable shelter for a dog kept outdoors for more than 12 hours or in weather that could cause distress (s. 6); clean, dry, well-maintained pens, with a dog left in a pen unsupervised for no more than 12 consecutive hours (s. 8); and tethering for no more than 12 hours in any 24-hour period on a tether at least 5 metres long or five times the dog's length, whichever is greater (s. 9).

There is no provincial record-keeping rule specific to breeders. Inspectors and peace officers may require the production of any records relating to the care of an animal and remove them temporarily to make copies (Animal Protection Act, s. 20(6)(a)), and a veterinary certificate of health must be issued for every cat or dog sold (s. 26(6); Standards of Care for Cats and Dogs Regulations, s. 12).

Contravening the Animal Protection Act, its regulations or an order is an offence punishable on summary conviction by a fine of up to $25,000, imprisonment of up to six months, or both, for a first offence; up to $50,000, six months, or both, for a second offence; and up to $75,000, two years, or both, for a third or subsequent offence (s. 42(1)). A judge may also impose conditions to prevent repeat offences, may order the person not to own, have custody of, care for or control animals for a set period, and may order the person to pay the costs of the animal's transportation, food, care, shelter, treatment and euthanasia (s. 42(2) to (4)). Prosecutions must begin within two years (s. 43). Many offences can be handled by summary offence ticket: selling a cat or dog without a veterinary certificate is $237.50 for a first offence and $410.00 for a second or subsequent offence, and causing an animal to be in distress or permitting it is $410.00 for a first offence and $697.50 after that (Summary Offence Tickets Regulations, Schedule 41).