Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36

• Jurisdiction: Ontario

Ontario Society for the Prevention of Cruelty to Animals Act

R.S.O. 1990, CHAPTER O.36

Historical version for the period December 5, 2019 to December 31, 2019.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2019, c. 13, s. 75)

Last amendment: 2019, c. 13, s. 75.

CONTENTS

Interpretation

Interpretation

1 (1) In this Act,

“accredited veterinary facility” means a veterinary facility as defined in the Veterinarians Act that is accredited under that Act; (“établissement vétérinaire agréé”)

“Board” means the Animal Care Review Board; (“Commission”)

“business day” means a weekday, excluding a day that is a holiday; (“jour ouvrable”)

“distress” means the state of being in need of proper care, water, food or shelter or being injured, sick or in pain or suffering or being abused or subject to undue or unnecessary hardship, privation or neglect; (“détresse”)

“orca” means a member of the species Orcinus orca; (“épaulard”)

“place” includes a vehicle or vessel; (“lieu”)

“prescribed” means prescribed by regulation made under this Act; (“prescrit”)

“veterinarian” means a person licensed as a veterinarian by the College of Veterinarians of Ontario. (“vétérinaire”) 2008, c. 16, s. 1; 2009, c. 33, Sched. 9, s. 9 (1); 2015, c. 10, s. 1.

Minor owner, custodian

(2) Where the owner or custodian of an animal is a minor, the owner or custodian for the purposes of this Act is deemed to be the minor’s parents or guardians. 2008, c. 16, s. 1.

Section Amendments with date in force (d/m/y)

2008, c. 16, s. 1 - 01/03/2009

2009, c. 33, Sched. 9, s. 9 (1) - 15/12/2009

2015, c. 10, s. 1 - 28/05/2015

Ontario Society for the Prevention of Cruelty to Animals

Society continued

2 The Ontario Society for the Prevention of Cruelty to Animals, a body politic and corporate incorporated by An Act to Incorporate the Ontario Society for the Prevention of Cruelty to Animals, being chapter 124 of the Statutes of Ontario, 1919, is continued under the name The Ontario Society for the Prevention of Cruelty to Animals in English and Société de protection des animaux de l’Ontario in French. R.S.O. 1990, c. O.36, s. 2.

Object

3 The object of the Society is to facilitate and provide for the prevention of cruelty to animals and their protection and relief therefrom. R.S.O. 1990, c. O.36, s. 3.

Membership

4 The Society shall consist of class A members, being affiliated societies, class B members, being individual members, and class C members, being honorary members, and each class has such rights and obligations as are provided in the by-laws of the Society. R.S.O. 1990, c. O.36, s. 4; 2008, c. 16, s. 3.

Section Amendments with date in force (d/m/y)

2008, c. 16, s. 3 - 01/03/2009

Board of directors: executive committee

5 The affairs of the Society shall be controlled and managed by a board of directors and by an executive committee, both of which shall be composed and have such powers and duties as are provided in the by-laws of the Society. R.S.O. 1990, c. O.36, s. 5; 2008, c. 16, s. 4.

Section Amendments with date in force (d/m/y)

2008, c. 16, s. 4 - 01/03/2009

Officers

6 The Society shall have such officers with such powers and duties as are provided in the by-laws of the Society. 2008, c. 16, s. 5.

Section Amendments with date in force (d/m/y)

2008, c. 16, s. 5 - 01/03/2009

Chief Inspector

6.1 (1) The Society shall appoint an employee of the Society as the Chief Inspector. 2008, c. 16, s. 5.

Powers, duties

(2) In addition to the powers and duties of an inspector or an agent of the Society, the Chief Inspector shall have the powers and duties that may be prescribed by regulation, including the power to establish qualifications, requirements and standards for inspectors and agents of the Society, to appoint inspectors and agents of the Society and to revoke their appointments and generally to oversee the inspectors and agents of the Society in the performance of their duties. 2008, c. 16, s. 5.

Same

(3) The Chief Inspector of the Society may have additional powers and duties as are provided in the by-laws of the Society. 2008, c. 16, s. 5.

Section Amendments with date in force (d/m/y)

2008, c. 16, s. 5 - 01/03/2009

By-laws

7 (1) The Society may pass such by-laws, not contrary to law, as it considers necessary for the control and management of its affairs and the carrying out of its object. R.S.O. 1990, c. O.36, s. 7 (1).

Approval

(2) No by-law of the Society is valid or shall be acted upon until it has been approved by a majority of the votes cast in accordance with the by-laws of the Society at an annual or special general meeting. R.S.O. 1990, c. O.36, s. 7 (2).

Annulment

(3) The Lieutenant Governor in Council may annul any by-law of the Society. R.S.O. 1990, c. O.36, s. 7 (3).

Powers

8 The Society,

(a) may acquire and hold as a purchaser, donee, devisee or legatee, or in any other capacity, any interest in real estate;

(b) may accept, receive and hold gifts, bequests or subscriptions of personal estate;

(c) may grant, lease, bargain for, mortgage, sell, assign or otherwise dispose of any of its real or personal estate;

(d) may erect, construct, equip and maintain such buildings and works as it considers advisable for its purposes; and

(e) may do all such other matters and things as it considers advisable for carrying out its object. R.S.O. 1990, c. O.36, s. 8.

Exemption of property from taxation

9 The lands and buildings of the Society are exempt from taxation except for local improvements and school purposes so long as they are held, used and occupied for the purposes of the Society. R.S.O. 1990, c. O.36, s. 9.

Prohibitions re holding out as Society, affiliated society

10 (1) No corporation or other entity, other than the Society or an affiliated society, shall,

(a) hold itself out as being the Society or an affiliated society having authority under this Act; or

(b) use the name “humane society”, “society for the prevention of cruelty to animals” or “spca” or the equivalent of any of those names in any other language, alone or in combination with any other word, name, initial or description. 2008, c. 16, s. 6.

Exception

(2) Despite clause (1) (b), a corporation or other entity that was an affiliated society on April 3, 2008 may continue to use the name “humane society”, “society for the prevention of cruelty to animals” or “spca”, or the equivalent of any of those names in any other language, alone or in combination with any other word, name, initial or description, even if it is no longer an affiliated society. 2008, c. 16, s. 6.

Section Amendments with date in force (d/m/y)

2008, c. 16, s. 6 - 01/03/2009

Inspectors and agents

Powers of police officer

11 (1) For the purposes of the enforcement of this Act or any other law in force in Ontario pertaining to the welfare of or the prevention of cruelty to animals, every inspector and agent of the Society has and may exercise any of the powers of a police officer. 2008, c. 16, s. 7 (1).

Inspectors and agents of affiliates

(2) Every inspector and agent of an affiliated society who has been appointed by the Society or by the Chief Inspector of the Society may exercise any of the powers and perform any of the duties of an inspector or an agent of the Society under this Act and every reference in this Act to an inspector or an agent of the Society is deemed to include a reference to an inspector or agent of an affiliated society who has been appointed by the Society or by the Chief Inspector of the Society. 2008, c. 16, s. 7 (2).

Local police powers

(3) In any part of Ontario in which the Society or an affiliated society does not function, any police officer having jurisdiction in that part has and may exercise any of the powers of an inspector or agent of the Society under this Act. R.S.O. 1990, c. O.36, s. 11 (3).

Identification

(4) An inspector or an agent of the Society who is exercising any power or performing any duty under this Act shall produce, on request, evidence of his or her appointment. 2008, c. 16, s. 7 (3).

Interfering with inspectors, agents

(5) No person shall hinder, obstruct or interfere with an inspector or an agent of the Society in the performance of his or her duties under this Act. 2008, c. 16, s. 7 (3).

Section Amendments with date in force (d/m/y)

2008, c. 16, s. 7 (1-3) - 01/03/2009

Obligations and Prohibitions re Care of and Harm to Animals

Standards of care and administrative requirements for animals

11.1 (1) Every person who owns or has custody or care of an animal shall comply with the prescribed standards of care, and the prescribed administrative requirements, with respect to every animal that the person owns or has custody or care of. 2015, c. 10, s. 2.

Exception

(2) Subsection (1) does not apply in respect of,

(a) an activity carried on in accordance with reasonable and generally accepted practices of agricultural animal care, management or husbandry; or

(b) a prescribed class of animals or animals living in prescribed circumstances or conditions, or prescribed activities. 2008, c. 16, s. 8.

Same

(3) Subsection (1) does not apply to,

(a) a veterinarian providing veterinary care, or boarding an animal as part of its care, in accordance with the standards of practice established under the Veterinarians Act;

(b) a person acting under the supervision of a veterinarian described in clause (a); or

(c) a person acting under the orders of a veterinarian described in clause (a), but only in respect of what the person does or does not do in following those orders. 2008, c. 16, s. 8.

Section Amendments with date in force (d/m/y)

2008, c. 16, s. 8 - 01/03/2009

2015, c. 10, s. 2 - 28/05/2015

Prohibitions re distress, harm to an animal

Causing distress

11.2 (1) No person shall cause an animal to be in distress. 2008, c. 16, s. 8.

Permitting distress

(2) No owner or custodian of an animal shall permit the animal...