ontario regulation 374/24

made under the

Security from Trespass and Protecting Food Safety Act, 2020

Made: September 25, 2024
Filed: September 27, 2024
Published on e-Laws: September 27, 2024
Published in The Ontario Gazette: October 12, 2024

Amending O. Reg. 701/20

(GENERAL)

1. Section 1 of Ontario Regulation 701/20 is amended by adding the following subsections:

Interpretation, harm to a farm animal

(2) For greater certainty, harm to a farm animal does not include harm that results from,

(a) anything done in accordance with generally accepted agricultural practices; or

(b) any action taken by an individual if the individual reasonably believed that the action was a generally accepted agricultural practice.

Interpretation, harm to an individual

(3) For greater certainty, harm to an individual does not include harm that results from a journalist, as defined in subsection 11 (2), or a person described in subsection 12 (1) disseminating or disclosing information gathered in or on an animal protection zone.

2. Section 5 of the Regulation is amended by adding the following subsection:

Petting zoos and circuses

(2) Despite subsection (1), any livestock, poultry, cultured fish or fur-bearing animal used exclusively in petting zoos, circuses or both is not a farm animal for the purposes of the definition of “farm animal” in section 2 of the Act.

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

Specific false representations

9.1 A person who gives an express or implied false statement, either orally or in writing, to the owner or occupier of a farm, animal processing facility or prescribed premises or to the driver of a motor vehicle transporting farm animals and who obtains the consent of the owner, occupier or driver to carry out an act that, without the consent, is prohibited under subsection 5 (1), (2), (3) or (4) or 6 (2) of the Act, is considered to have obtained the consent under false pretences for the purposes of subsections 5 (6), 6 (4) and 14 (2) of the Act if the false statement includes any of the following false representations:

1. A false representation that the person making the statement has a legal right, by virtue of their current employment, contract or status, to be in or on an animal protection zone, to interfere or interact with a farm animal that is being transported by motor vehicle, or to stop, hinder or obstruct a motor vehicle transporting farm animals.

2. A false representation that the person making the statement is willing to abide by the directions of the owner, occupier or driver, as the case may be, with respect to biosecurity, animal health and safety, human health and safety or food safety.

3. In the case that the person making the statement has a contract with or is providing services to owner, occupier or driver, a false representation that the person possess qualifications necessary to carry out the terms of their contract or provide the services in a manner that would not cause harm to farm animals, harm to an individual or harm with respect to food safety.

4. (1) Clause 11 (1) (e) of the Regulation is revoked.

(2) Section 11 of the Regulation is amended by adding the following subsection:

To leave if asked

(1.1) A journalist shall leave the farm, facility or premises or the area where the motor vehicle is located or stop interfering or interacting with farm animals, animal processing facility or the prescribed premises or the driver of the motor vehicle, as the case may be, immediately upon being asked to do so by the owner or occupier of the farm, animal processing facility or the prescribed premises or the driver of the motor vehicle, as the case may be, even if the journalist has not completed gathering information.

5. (1) Clause 12 (1) (c) of the Regulation is amended by striking out “or another illegal activity” and substituting “of an illegal activity or of a pattern of illegal activity with respect to such harms or illegal activities”.

(2) Clause 12 (1) (d) of the Regulation is amended by adding “reasonably” after “as soon as”.

(3) Clause 12 (2) (c) of the Regulation is revoked.

(4) Section 12 of the Regulation is amended by adding the following subsection:

To leave if asked

(3) A person referred to in subsection (1) shall leave the farm, facility or premises or the area where the motor vehicle is located or stop interfering or interacting with farm animals, animal processing facility or the prescribed premises or the driver of the motor vehicle, as the case may be, immediately upon being asked to do so by the owner or occupier of the farm, animal processing facility or the prescribed premises or the driver of the motor vehicle, as the case may be, even if the person has not completed gathering information.

Commencement

6. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le ministre de l'Agriculture, de l'Alimentation et de l'Agroentreprise,

Rob Flack

Minister of Agriculture, Food and Agribusiness

Date made: September 25, 2024
Pris le : 25 septembre 2024