35. An animal keeping facility and, if applicable, the pool of water must be of a size that meets the needs of the animal housed there and be adapted to the number of individuals housed therein.
If a keeping facility houses a mammal or a bird old enough to be separated from its parents, or an amphibian or reptilian of any age, the facility and, if applicable, the pool of water must comply with the minimum standards in Schedule 4, unless the animal kept there is in one of the following situations:
(1) the animal is hibernating;
(2) the animal is being rehabilitated;
(3) the animal is kept leashed in accordance with section 102.
However, if an animal is sold or put up for adoption by a pet shop, a municipal pound or an enterprise that shelters abandoned animals, the size of its animal keeping facility and, if applicable, those of its pool of water must correspond to at least 35% of the size prescribed in Schedule 4.
In calculating the area of a cage or enclosure, the area of the shift cages and shift enclosures may be considered if the area of the aggregate of the facilities is accessible to the animal most of the day.