138Destruction of injured or sick animals (other than marine mammals)

1. If an inspector, auxiliary officer, or a veterinarian finds a severely injured or sick animal (other than a marine mammal), and in his or her opinion, the animal should be destroyed because reasonable treatment will not be sufficient to make the animal respond and the animal will suffer unreasonable or unnecessary pain or distress if it continues to live, he or she must, as soon as possible,—

2. consult with the owner of that animal, if that owner can be found within a reasonable time; and
3. if the owner asks for a second opinion from a veterinarian as to whether that animal should be destroyed, allow the owner to obtain that second opinion.

4. If—

5. the owner of a severely injured or sick animal cannot be found within a reasonable time; or
6. the owner of a severely injured or sick animal—
   1. does not, on being found, agree to the destruction of the animal; and
   2. does not obtain within a reasonable time a second opinion from a veterinarian as to whether the animal should be destroyed,—
the inspector, or auxiliary officer, or veterinarian, as the case may be, must, without delay, destroy that animal or cause it to be destroyed.

7. If the owner of a severely injured or sick animal is found and consulted under subsection (1), and agrees that the animal should be destroyed,—

8. the inspector, auxiliary officer, or veterinarian, as the case may be, must, without delay, destroy that animal or cause it to be destroyed; or
9. the owner of that animal must, without delay, destroy that animal or cause it to be destroyed.

10. If the owner obtains a second opinion under subsection (1)(b), and the veterinarian giving that opinion agrees that the animal should be destroyed,—

11. the inspector, auxiliary officer, or veterinarian as the case may be, must, without delay, destroy that animal or cause it to be destroyed; or
12. the owner of that animal must, without delay, destroy that animal or cause it to be destroyed.

13. Where, under this section, an inspector, auxiliary officer, or veterinarian destroys an animal or causes it to be destroyed, he or she may dispose of the carcass in such manner as he or she thinks fit.