Animal Cruelty Laws in Canada: Criminal Code s. 445-447

Animal cruelty is a crime under Part XI of the Criminal Code. The main offences are causing an animal unnecessary pain, suffering or injury; neglecting or abandoning an animal in your care; wilfully killing, injuring or poisoning animals kept for a lawful purpose; harming police, military or service animals; and animal fighting. Most provinces also have their own animal protection laws, enforced by animal welfare officers (such as the BC SPCA or Ontario’s provincial animal welfare services), which allow animals to be seized and carry separate fines. Serious cases go to police and are charged under the Criminal Code.

What the law says

Every one commits an offence who (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird; (b) in any manner encourages, aids, promotes, arranges, assists at, receives money for or takes part in (i) the fighting or baiting of animals or birds, or (ii) the training, transporting or breeding of animals or birds for the purposes of subparagraph (i) … (s. 445.1(1))

The main offences

• Causing unnecessary suffering (s. 445.1): wilfully causing, or as owner permitting, unnecessary pain, suffering or injury; animal fighting or baiting; administering poison or injurious drugs to domestic or captive animals.
• Neglect and abandonment (s. 446): as owner or person in charge of a domestic or captive animal, abandoning it in distress or wilfully failing to provide suitable and adequate food, water, shelter and care; or causing injury by wilful neglect while transporting animals.
• Killing or injuring animals (s. 445): wilfully and without lawful excuse killing, maiming, wounding, poisoning or injuring dogs, birds or animals kept for a lawful purpose, or placing poison where they can take it.
• Law enforcement, military and service animals (s. 445.01): killing or injuring a police dog or horse, a military animal or a certified service animal.
• Arena for animal fighting (s. 447): building or keeping one, or allowing one on your premises.

For ss. 445.1(1)(a) and 446(1)(a), evidence that a person failed to exercise reasonable care or supervision, causing pain, suffering or injury, is proof that it was wilful unless there is evidence to the contrary. Lawful activities such as hunting, fishing, farming and veterinary care are not cruelty when done lawfully and without unnecessary suffering.

Penalties

• Unnecessary suffering, killing or injuring, animal fighting arenas (ss. 445, 445.1, 447): hybrid; up to 5 years by indictment; on summary conviction a fine of up to $10,000 and/or up to 2 years less a day.
• Harming a law enforcement, military or service animal (s. 445.01): the same maximums, with a minimum of 6 months in jail by indictment if a law enforcement animal is killed, served consecutively to any other sentence (ss. 445.01(2) and (3)); the court must emphasize denunciation and deterrence (s. 718.03).
• Neglect or abandonment (s. 446): hybrid; up to 2 years by indictment.
• Animal ownership ban (s. 447.1): the court can ban the person from owning, having custody of, or living with animals for any period it considers appropriate, and for at least 5 years for a second or subsequent offence. It can also order payment of the costs of caring for the animals. Breaching a ban is itself an offence.

Common defences

• Lawful excuse or necessary suffering: the act was part of lawful hunting, farming, pest control or veterinary care, or was needed to protect people or other animals.
• No wilfulness: the harm was accidental, and the presumption from lack of reasonable care can be answered with evidence.
• Not the owner or person in charge: for neglect, the Crown must prove you had custody or control of the animal.
• Expert evidence: veterinary findings on the cause and timing of injuries are often contested.

To report animal cruelty: call your local police or your provincial animal welfare authority or SPCA. In an emergency, call 911.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). The waiting period is 5 years if the Crown proceeded summarily and 10 years if it proceeded by indictment, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

Is animal cruelty a criminal offence in Canada?

Yes. The Criminal Code makes it an offence to wilfully cause an animal unnecessary pain, suffering or injury, to neglect or abandon an animal in distress, to kill or injure animals without lawful excuse and to take part in animal fighting.

What is the penalty for animal cruelty in Canada?

Up to 5 years in prison by indictment, or a fine of up to $10,000 and up to two years less a day on summary conviction. Courts can also ban the person from owning animals, for at least five years on a second offence.

Is neglecting a pet a crime?

Yes, if the owner or person in charge wilfully fails to provide suitable and adequate food, water, shelter and care, or abandons the animal in distress (s. 446). Provincial animal welfare laws also apply.

Related offences

• Uttering Threats to Property or Animals
• Mischief and Vandalism in Canada
• Bestiality Laws in Canada
• Wilful Acts Against Property

Sources

• Criminal Code, s. 445
• Criminal Code, s. 445.01
• Criminal Code, s. 445.1
• Criminal Code, s. 446
• Criminal Code, s. 447
• Criminal Code, s. 447.1

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.