What is the Legal Definition
of Distress?
Identifying and addressing all types of distress.
Prevention of Cruelty to Animals Act
R.S.B.C. 1996, c. 372
• For the purposes of this Act, an animal is in distress if it is
• (a) deprived of adequate food, water, shelter, ventilation, light, space,
exercise, care or veterinary treatment,
• (a.1) kept in conditions that are unsanitary,
• (a.2) not protected from excessive heat or cold,
• (b) injured, sick, in pain or suffering, or
• (c) abused or neglected
Amended PCA ACT
Expands the definition of distress beyond
• "inadequate food, water and shelter" to include animals who are
deprived of adequate ventilation, space, exercise, care or veterinary
treatment.
Recognizing Distress in the field
Relieving Distress & Cross reporting
Regardless whether a municipality or district has or does not have care of
animals bylaws, officers can assist animals in distress.
If your community has animal welfare bylaws and you observe an animal in
distress:
• Obtain contact information for the owner, or the person in care and control
of the animal
• Issue a warning notice or MTI, or document verbal instructions
• Photograph the animal if possible, ensuring you get photos of the face and
whole body, as well as any areas on the animal that may appear injured or
requiring care. Photo of license or id (if wearing) is beneficial
• Make notes to describe living conditions, or photograph if possible, when
the environment is the source of distress
Cont’d
• If owner is compliant to warning or MTI and you believe it to be an
isolated incident use discretion on whether necessary to report to
SPCA.
• If distress is significant (injury, illness) and you feel SPCA should be
involved to ensure immediate relief from distress, contact the BCSPCA
call centre to report.
• If your community doesn’t currently have welfare bylaws, but
distress of an animal is observed, contacting the BCSPCA call centre to
request a welfare check would be prudent.
Bylaw evidence used for prosecution
• R vs. Barker: Charged PCA Act and CCC as a result of information provided by
an ACO. Convicted on both counts. Sentencing scheduled July 13/17.
• R vs. Vanderwater: Charged: 1 count PCA Act based on investigative evidence
provided by attending ACO’s
Pled guilty.
Sentencing: $250 fine - 3 year prohibition
being in care and control of an animal
Heat Distress
Heat Distress
• Heat distress doesn’t always mean a dog in a vehicle exposed to the
direct rays of the sun and lack of adequate ventilation.
• Heat distress can happen with dogs tethered or housed on a deck, in
the open box of a truck or confined in any area without protection
from the direct rays of the sun.
• Heat distress can occur on hot pavement, or over exercising dogs
when the temperature is warm.
• Bracycephalic animals are particularly prone to heat distress as they
have difficulty breathing and panting.
• Other pets such as rabbits and cats can also suffer from heat distress
without adequate, water, shade or ventilation.
THERMOREGULATION: methods of cooling
Evaporation:
Conduction:
Convection:
Radiation:
RISK FACTORS
Several predisposing factors may decrease a dog’s ability to cool itself; therefore,
increasing its risk for developing heatstroke. Dogs that have a history of heatstroke
are more susceptible to developing it again.
Examples of Factors That Predispose Dogs to Heatstroke
•
•
•
•
•
Brachycephalic syndrome
Cardiac disease
Laryngeal paralysis
Obesity
Tracheal collapse
Attending to “hot animal” calls
• Observe the actions of the subject animal(s)
• Note whether there is access to shade and adequate ventilation
• If possible take temperature reading on the surface where the animal
is sitting/lying and document
• If owner cannot be located and animal is displaying signs of heat
distress contact local police services or SPCA to assist with removing
the animal
• Take a quick video or photographs of the animal(s)
• If possible provide shade by covering a portion of the vehicle
• If access available provide water and fan air to assist with cooling the
dog until authorities or owner arrives
Emergency treatment for dogs
If a dog shows symptoms of heat distress follow these instructions:
• Immediately move the animal to a cool, shady place.
• Wet the dog with cool water.
• Fan vigorously to promote evaporation.
• Do not apply ice. This constricts blood flow which will inhibit cooling.
• Allow the dog to drink some cool water.
• Take the dog to a veterinarian as soon as possible for further treatment.
• Veterinarians may apply supportive measures such as intravenous fluids to
rehydrate the animal and oxygen to prevent brain damage.
Symptoms of heatstroke
• Exaggerated panting (or the sudden stopping of panting);
• rapid or erratic pulse;
• salivation;
• anxious or staring expression;
• weakness and muscle tremors;
• lack of coordination;
• tongue and lips red (which may eventually turn bluish in colour);
• convulsions or vomiting;
• collapse, coma and death.
Benefit to having a heat distress and
ventilation bylaw
• Local bylaw officers often have the ability to respond quicker to calls
of animals in vehicles suffering heat distress
• If an officer responds and finds an animal suffering from heat distress
they have the ability to fine the owner of the animal
• If police services respond to a dog in a vehicle, whether or not the
dog is removed but observed in heat distress, animal control can be
called to attend and issue a fine, impound a removed dog or
transport to a veterinary hospital; owner responsible for all fees
associated with this service
CRITICAL DISTRESS
WHAT TO DO
Prevention of Cruelty to Animals Act
R.S.B.C. 1996, c. 372
• Relieving critical distress in animals
• 12 (1) In this section, "critical distress" means distress in an animal of such
a nature that
• (a) immediate veterinary treatment cannot prolong the animal's life, or
• (b) prolonging the animal's life would result in the animal suffering unduly.
• (2) If, in the opinion of
• (a) a registered veterinarian, or
• (b) an authorized agent, if a registered veterinarian is not readily available,
• an animal is in critical distress, the authorized agent may destroy the
animal or have the animal destroyed.
Prevention of Cruelty to Animals Act
R.S.B.C. 1996, c. 372
• Authorized agents
• 10 (1) The society (BCSPCA) may appoint an officer or employee of
the society or any other person as an authorized agent for the
purposes of this Act.
• (2) An authorized agent may exercise the powers of an authorized
agent under this Act or any other law relating to the prevention of
cruelty to animals only if he or she has been appointed as a special
provincial constable under the Police Act.
Prevention of Cruelty to Animals Act
R.S.B.C. 196, c. 372
Authority to enter without a warrant
14 (2) An authorized agent who believes on reasonable grounds that there is an
animal in critical distress in any premises, other than a dwelling house, or in any
vehicle, aircraft or vessel, may enter the premises, vehicle, aircraft or vessel without a
warrant for the purpose of taking any action authorized by this Act to relieve that
critical distress.
Euthanasia of an animal in critical distress by a veterinary practice
• In the event that the veterinarian is unable to reach an SPC (authorized
agent), has assessed the animal to be in critical distress and suffering, the
veterinarian who in good faith euthanizes an animal under section 12(2)(b)
is protected from liability in case of subsequent civil action.
• Outside of veterinary practice, a veterinarian or a member of the public
who observes an animal in apparent “critical distress” (for example a dog in
a hot car) is advised to contact the BCSPCA for an SPC to exercise the
powers under s. 14 to break into that car without a warrant. In the absence
of an SPCA SPC, police services have the same authority.
If responding to an animal in critical distress
• Do not impound an animal in critical
distress
• Transport critical animal to veterinary
hospital
• If owner information on file, notify owner
immediately
• Contact the BCSPCA call centre and report
your observations
Thank you!
Erika Paul
Senior Animal Protection & Outreach Officer
250 883-4409
[email protected]
www.spca.bc.ca