The Alberta SPCA has returned a number of animals to a southern Alberta man who's facing charges under the Animal Protection Act.

Ty Marshall's animals — more than 100 dogs, some rabbits, cats and tortoises — were seized in April from a rural property near Milo. He also came under fire in January from animal rights activists claiming his former Okotoks pets store was a puppy mill.

After an independent assessment, the SPCA returned 23 dogs, 17 rabbits, eight cats and two tortoises.

"The county asked us not to return more than three adult dogs because — if we had done that — then it would put him out of compliance with the county bylaw," said SPCA spokesman Roland lines, who add it would be illegal for the SPCA to spay or neuter animals before being returned.

Lines says the county bylaw does not cover dogs under 12 months of age, accounting for the larger number of returned canines.

Court appearance planned

Lines says the SPCA's role now is to support the Crown it its prosecution of two charges laid under the Animal Protection Act. He says officials will be keeping their eyes on the property to check if it remains under compliance.

Marshall's first court appearance is scheduled for Tuesday.

The rest of the animals — which have been housed at the Calgary Humane Society and with the Alberta Animal Rescue Crew Society (AARCS) — are now being put up for adoption.

"We're very glad these dogs finally have a chance to be adopted into loving homes," said Lines.

"They've received excellent care at AARCS and the Calgary Humane Society. They are so much healthier now than when we took them in, but none of us wanted to see them in protective custody for so long."