Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13 - Bill 136

• Jurisdiction: Ontario
• Date: 05 December 2019
• Bill Number: 136

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 136 and does not form part of the law. Bill 136 has been enacted as Chapter 13 of the Statutes of Ontario, 2019.

The Bill enacts the Provincial Animal Welfare Services Act, 2019, repeals the Ontario Society for the Prevention of Cruelty to Animals Act and makes consequential amendments to other Acts. The major elements of the Bill are described below.

Part I (Interpretation)

This Part defines terms that are used throughout the Act.

Part II (Chief Animal Welfare Inspector)

This Part establishes a Chief Animal Welfare Inspector.

The Minister appoints the Chief Animal Welfare Inspector and may appoint deputy Chief Animal Welfare Inspectors. The Minister has duties to monitor the Chief Animal Welfare Inspector and handle complaints about him or her. In addition, the Minister may establish policies and give directions to the Chief Animal Welfare Inspector.

The Chief Animal Welfare Inspector has several duties related to the appointment and oversight of animal welfare inspectors as well as the provision of necessaries for animals in the Chief Animal Welfare Inspector’s care. He or she is an animal welfare inspector by virtue of being the Chief Animal Welfare Inspector.

The Chief Animal Welfare Inspector appoints animal welfare inspectors. These appointments may be subject to conditions or limitations and may be amended, suspended or revoked by the Chief Animal Welfare Inspector. The animal welfare inspectors, including the Chief Animal Welfare Inspector, are subject to a code of conduct.

Part III (Complaints)

This Part governs complaints about the conduct of animal welfare inspectors, including the Chief Animal Welfare Inspector. The Minister handles complaints about the Chief Animal Welfare Inspector, and the Chief Animal Welfare Inspector handles all other complaints.

The Chief Animal Welfare Inspector and the Minister shall investigate complaints if they believe the matter complained of warrants investigation. If they discover that the animal welfare inspector who is the subject of the complaint has failed to comply with the code of conduct, they can take several actions against them, up to and including revoking their appointment.

Part IV (Duties and Prohibitions)

This Part sets out several duties and prohibitions in respect of animals.

Every person who owns or has custody or care of an animal must comply with the standards of care and administrative requirements with respect to the animals. These standards and requirements are established by regulation. There are exceptions for certain agricultural and veterinary activities. Veterinarians have a duty to report abuse, undue physical or psychological hardship, privation or neglect.

No person shall cause an animal to be in distress, permit an animal to be in distress or knowingly or recklessly cause an animal to be exposed to an undue risk of distress, subject to certain exceptions.

There are several prohibitions relating to animal fights, including prohibitions on the possession of equipment or structures used in animal fights. There is a separate prohibition for causing harm or attempting to cause harm to law enforcement or service animals.

No person shall possess or breed an animal that has been prescribed by the regulations as a prohibited animal. Orca possession and breeding continues to be prohibited. In addition, the possession or breeding of animals that are prescribed by the regulations as a restricted animal requires authorization by the regulations.

Engaging in prescribed activities without an authorization and causing animals to undergo prescribed procedures are also prohibited.

Possessing, purchasing or selling an item which may cause an animal distress and which is prescribed by the regulations is also prohibited.

Part V (Protection of Animals)

This Part sets out some of the powers animal welfare inspectors have to determine compliance with the Act and protect animals.

Animal welfare inspectors may enter and inspect places to determine compliance with certain requirements in the Act. They may apply for warrants to enter certain places, and require a warrant to enter a dwelling unless the occupier of the dwelling consents to the entry. They may ask for police assistance and may use reasonable force to execute a warrant.

Their inspection powers include the powers to inspect certain animals or things, to require the production of any animal or thing that is relevant to the inspection, to ask questions relevant to the inspection and to make reasonable inquiries.

Animal welfare inspectors may also enter and search a place with the consent of the occupier if they believe on reasonable grounds that there is an animal in distress to be found there. They may also apply for a warrant to search the place.

Inspectors may enter any place, other than a dwelling, without a warrant if they have reasonable grounds to believe that an animal is in critical distress and may enter a dwelling if the time required to obtain a warrant may result in serious injury or death to the animal.

An animal welfare inspector who has reasonable grounds to believe that an animal is in distress may order the owner or custodian to take certain actions to relieve its distress or have the animal examined and treated by a veterinarian at the expense of the owner or custodian.

Animal welfare inspectors may take possession of animals in distress if these orders aren’t complied with. They may also take possession on the advice of a veterinarian or in cases where the owner or custodian cannot be found promptly, or in cases where the animal is being trained to, or participating in, an animal fight. The police may be called to assist and reasonable force may be used to take possession of the animal. The Chief Animal Welfare Inspector may then decide to keep an animal in the Chief Animal Welfare Inspector’s care if certain concerns about returning the animal apply. Animal welfare inspectors may also cause an animal to be euthanized with the consent of the owner or custodian or in accordance with a veterinarian’s opinion.

Persons to be prescribed in regulation are authorized to enter motor vehicles to relieve animals in critical distress. They may cause reasonable damage in entering the vehicle. They must promptly notify an animal welfare inspector and must allow the inspector to inspect the animal and determine whether to take possession of it.

Owners or custodians are liable for the Chief Animal Welfare Inspector’s expenses in providing necessaries to animals in the Chief Animal Welfare Inspector’s care.

Part VI (Animal Care Review Board)

The Animal Care Review Board is continued. Owners or custodians of animals may appeal certain orders and decisions of the Chief Animal Welfare Inspector and other animal welfare inspectors to the Board. The Board has the power to confirm, revoke or modify these orders and decisions and to order that animals be returned to their owner or custodian.

Part VII (Enforcement)

This Part sets out the powers of animal welfare inspectors to investigate offences under the Act. The inspectors may apply for warrants to investigate potential offences. A warrantless search may be authorized if the inspector has reasonable grounds to believe that the time required to obtain a warrant would lead to the loss, removal or destruction of evidence.

Inspectors may ask the court to issue production orders to a person, other than a person under investigation for an offence, and may seize certain animals or things related to the commission of an offence under the Act. Animals seized as a result of a contravention of the prohibitions against animal fighting are automatically forfeited to the Crown in right of Ontario. Similarly, animals or things whose possession is prohibited are also forfeited to the Crown.

Animal welfare inspectors who have reasonable grounds to believe a person is contravening, has contravened or is about to contravene certain provisions of this Act may require the person to give his or her name and address. The inspectors may call upon police to assist the inspector and may use whatever force is reasonably necessary to exercise their powers under this Part.

Part VIII (Offences and Penalties)

This Part sets out both minor and major offences under the Act, which are subject to different penalties.

It also provides for administrative penalties for contraventions of conditions of authorizations issued under section 20 (Restricted animal possession or breeding) or 21 (Prescribed activities) or for other prescribed provisions. It allows the Chief Animal Welfare Inspector to issue notices of contravention in respect of these contraventions and sets out a scheme for enforcing and collecting on these penalties.

A separate section provides for orders to remove orcas that are possessed in Ontario in contravention of section 19.

Part IX (General)

This Part sets out some of the powers of police officers and First Nations Constables in respect of animals. It also sets out an authority for veterinarians to euthanize animals.

General rules for forfeitures under the Act are set out. An immunity provision provides for protection from personal liability for a number of different persons.

Part X (Regulations)

This Part sets out the regulation-making powers of the Lieutenant Governor in Council and the Minister.

Part XI (Transition)

This Part sets out transitional rules in respect of the repealed Ontario Society for the Prevention of Cruelty to Animals Act.

Part XII (Self-Amendments, Consequential Amendments and Repeal)

This Part repeals the Ontario Society for the Prevention of Cruelty to Animals Act.

Consequential amendments are also made to several other Acts.

Part XIII (Commencement and Short Title)

This Part sets out the commencement and short title of the Act. Most of the Act comes into force on a day to be named by proclamation of the Lieutenant...