Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2015, S.O. 2015, c. 10 - Bill 80

 

chapter 10

An Act to amend the Ontario Society for the Prevention of Cruelty to Animals Act and the Animals for Research Act with respect to the possession and breeding of orcas and administrative requirements for animal care

Assented to May 28, 2015

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Ontario Society for the Prevention of Cruelty to Animals Act

1. Subsection 1 (1) of the Ontario Society for the Prevention of Cruelty to Animals Act is amended by adding the following definition:

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

2. Subsection 11.1 (1) of the Act is repealed and the following substituted:

Standards of care and administrative requirements for animals

(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.

3. The Act is amended by adding the following section:

Prohibition re Orca Possession and Breeding

Prohibition of orca possession and breeding

11.3.1 (1) No person shall possess or breed an orca in Ontario.

Transition

(2) Despite subsection (1), a person may continue to possess an orca in Ontario if the person possessed the orca in Ontario on March 22, 2015.

Same

(3) Despite subsection (1), a person who first possessed an orca in Ontario on or after March 23, 2015, but before the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2015 received Royal Assent, may continue to possess the orca in Ontario until the day that is six months after the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2015 received Royal Assent.

4. (1) Subsection 11.4 (1) of the Act is repealed and the following substituted:

Inspection — animals kept for animal exhibition, entertainment, boarding, hire or sale

(1) An inspector or an agent of the Society may, without a warrant, enter and inspect a building or place where animals are kept in order to determine whether the standards of care or administrative requirements prescribed for the purpose of section 11.1 are being complied with if the animals are being kept for the purpose of animal exhibition, entertainment, boarding, hire or sale.

Accompaniment

(1.1) An inspector or an agent of the Society conducting an inspection under this section may be accompanied by one or more veterinarians or other persons as he or she considers advisable.

(2) Subsection 11.4 (5) of the Act is repealed.

5. The Act is amended by adding the following section:

Power to demand record or thing

11.4.1 (1) An inspector or an agent of the Society may, for the purpose of ensuring that the standards of care or administrative requirements prescribed for the purpose of section 11.1 are being complied with, demand that a person produce a record or thing for inspection if the person owns or has custody or care of animals that are being kept for the purpose of animal exhibition, entertainment, boarding, hire or sale.

Subject of demand shall produce record or thing

(2) If an inspector or an agent of the Society demands that a record or thing be produced for inspection, the person who is subject to the demand shall produce it for the inspector or agent within the time provided for in the demand.

6. (1) Subsection 18.1 (1) of the Act is amended by adding the following clauses:

(c.1) contravenes subsection 11.3.1 (1);

(c.2) contravenes subsection 11.4.1 (2);

(2) Subsection 18.1 (2) of the Act is amended by striking out “clause (1) (a), (d), (e) or (f)” and substituting “clause (1) (a), (c.2), (d), (e) or (f)”.

(3) Subsection 18.1 (3) of the Act is amended by striking out “clause (1) (b) or (c)” and substituting “clause (1) (b), (c) or (c.1)”.

7. The Act is amended by adding the following sections immediately before the heading “Miscellaneous Matters”:

Order to remove orca

18.2 (1) When a person is convicted of possessing an orca in Ontario in contravention of subsection 11.3.1 (1), the court shall order the person to remove the orca from Ontario within a period of time specified by the court.

Prohibition does not apply

(2) The prohibition against possessing an orca in subsection 11.3.1 (1) does not apply in respect of an orca that is the subject of an order under subsection (1) until the period of time specified by the court has elapsed.

Offence, failure to remove orca

(3) A person who fails to comply with an order described in subsection (1) is guilty of an offence.

Penalty — individuals

(4) An individual who commits an offence under subsection (3) is liable on conviction to a fine of not more than $250,000 or to imprisonment for a term of not more than two years, or to both.

Penalty — corporations

(5) A corporation that commits an offence under subsection (3) is liable on conviction to the same fine to which an individual is liable for the offence.

Penalty — directors, officers

(6) A director or officer of a corporation who authorized, permitted or participated in the corporation’s commission of an offence under subsection (3) is also guilty of the offence and on conviction is liable to the same penalty to which an individual is liable for the offence, whether or not the corporation has been prosecuted or convicted.

Order to allow Society to cause orca to be removed

18.3 (1) If a person has been convicted of an offence under subsection 18.2 (3) for failing to comply with an order to remove an orca from Ontario, and if the person continues to possess the orca in Ontario, the Society may apply to a judge of the Ontario Court of Justice for any order necessary to allow the Society to cause the orca to be removed from Ontario.

Costs

(2) If an order is made under subsection (1), the person referred to in subsection (1) shall pay the Society any costs that the Society incurred in bringing the application and any costs the Society incurs in causing the orca to be removed from Ontario.

8. Subsection 22 (2) of the Act is amended by adding the following clause:

(b.1) prescribing administrative requirements for the purposes of section 11.1 relating to animals that a person owns or has custody or care of, including, but not limited to,

(i) requiring the establishment of a committee to oversee an animal’s welfare and prescribing the functions, duties, governance and operation of such a committee,

(ii) requiring a committee referred to in subclause (i) to develop and implement a plan to promote an animal’s care,

(iii) requiring the development and implementation of a program designed by a veterinarian to provide care for an animal, and

(iv) requiring specified records to be kept or disclosed;

Animals for Research Act

9. The Animals for Research Act is amended by adding the following section:

Non-application of the Ontario Society for the Prevention of Cruelty to Animals Act

1.1 (1) Subject to subsection (2), the Ontario Society for the Prevention of Cruelty to Animals Act does not apply in respect of an animal in the possession of the operator of a registered research facility or of a licensed operator of a supply facility.

Exception

(2) Section 11.3.1, clause 18.1 (1) (c.1), subsections 18.1 (3), (4) and (5) and sections 18.2 and 18.3 of the Ontario Society for the Prevention of Cruelty to Animals Act apply in respect of an orca, as defined in that Act, in the possession of the operator of a registered research facility or of a licensed operator of a supply facility.

10. Subsection 18 (9) of the Act is repealed.

Commencement and Short Title

Commencement

11. This Act comes into force on the day it receives Royal Assent.

Short title

12. The short title of this Act is the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2015.