Have you ever wondered what you would do if, one fine morning, you found the parrot of your dreams perched on your balcony? After feeding, watering, and sheltering this adorable ball of feathers, what would you do with it? Morality would undoubtedly dictate that you immediately take steps to find its rightful owner. But what if, on that day, morality wasn't a factor, and you simply felt like keeping it? Beyond a moral obligation, do you believe you have a LEGAL duty to find the rightful owner of a found parrot? The answer is YES!
In Quebec law, a domestic animal is considered movable property, just like a piece of jewelry, a television, or a wallet. In case of loss, the provisions of Articles 939 to 946 of the Civil Code of Quebec apply.
First, Article 940 of the Civil Code of Quebec sets out a clear and unequivocal rule:
"Anyone who finds an item must try to find its owner; if successful, they must return the item to them.
Now, what are the limits of this obligation? There is indeed a point at which you can legitimately become the owner of the found parrot, but you must first complete various formalities and allow a period of time for the rightful owner to come forward. Furthermore, acquiring property through the passage of time—a parrot in this case—can never be done in bad faith. Possession must be public. This means that you cannot keep the discovery of this parrot to yourself, whether or not you wish to prevent its rightful owner from finding you. In fact, it's quite the opposite: you have a legal duty to publicly declare this fact and cannot simply rely on looking at missing person notices yourself. Article 941 sets out the various steps you must take to try to find the rightful owner [1]:
1) Contact your local SPCA and/or any other relevant organization, such as Perroquet Secours, to report that you have found a parrot;
2) Put up several posters on poles, in shops and veterinary clinics in the municipality where the parrot was found;
3) Publish an ad in the local newspaper or on classified ad websites (for example: pacs, Kijiji);
4) Contact a peace officer. This last option, as you will have understood, only applies if you have reason to suspect that the found parrot could be linked to a criminal investigation such as a theft.
After undertaking any of the steps outlined above, you will not become the actual owner of the parrot until a very long time has passed. In fact, Article 2919 of the Civil Code of Quebec stipulates that: « Le possesseur de bonne foi d’un [bien] meuble en acquiert la propriété par trois (3) ans à compter de la dépossession du propriétaire. » C’est donc dire que si, au cours de ce délai de trois ans, le possesseur légitime du perroquet se manifeste, vous n’aurez pas d’autre choix que de le lui remettre. En contrepartie, vous pourrez toutefois lui réclamer tous les frais de subsistance encourus durant la possession, à savoir la nourriture, les soins vétérinaires payés etc.
If you decide not to keep the found parrot, the law allows you to dispose of it before the end of the three-year period, even if you are not yet its legal owner. But be careful! You do not have the right to sell or even give away the parrot before a reasonable period has elapsed since its discovery, so that the rightful owner has had every chance to find you. Unfortunately, there are few court decisions that precisely define what constitutes a "reasonable period" in such a situation. However, in light of the comments made by Justice Gosselin in the decision Perreault v. Société pour la prévention contre la cruauté envers les animaux (SPCA) de l’Ouest du Québec inc., 2006 QCCQ 6770 (CanLII), it seems appropriate to suggest waiting 60 days before considering giving away the found parrot.
Furthermore, it is important to know that once a found parrot has been given away or sold to a third party, its rightful owner unfortunately loses all rights to subsequently reclaim it directly. Within three years, the owner can claim, at most, the sale price (less any living and disposal costs), unless the new owner freely agrees to return the parrot. Even so, should the rightful owner contact you at any time, you are obligated to provide them with the name and contact information of the person to whom you gave or sold the parrot.
In conclusion, be aware that if you disregard these provisions of the Civil Code of Quebec, you risk legal action and could be ordered to pay the parrot's rightful owner a considerable sum in material, moral, and punitive damages, easily reaching tens of thousands of dollars. Do you really want to take that risk? You have certainly done a good deed by taking in this lost and distressed parrot. If you are tempted to return it, remember this: « Les [biens] meubles qui sont perdus […] continuent d’appartenir à leur propriétaire – article 939 C.c.Q » Puis, prenez un instant pour penser que quelque part, dans un foyer non loin de chez vous, il y a probablement quelqu’un en pleurs, un homme, une femme, un enfant, qui attend désespérément le retour de son compagnon.
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[1] If you are not interested in adopting this parrot or selling it for profit, you can entrust its care to your local SPCA or any other relevant organization, such as Perroquet Secours, which will take care of it and search for its rightful owner. You will then have fulfilled all your legal obligations.
By Stéphanie Cloutier, lawyer
“This text was written taking into account the legislative and jurisprudential texts in force in the province of Quebec only and does not reflect the state of the law in other Canadian provinces.”
© All rights reserved.
Perroquetsecours, 2012.
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