Bill 159 As Amended by Standing Committee (PDF)
This reprint of the Bill is marked to indicate the changes that were made in Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
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EXPLANATORY NOTE
The Provincial Animal Welfare Services Act, 2019 is amended. Among the changes are the following:
1. The Lieutenant Governor in Council may make regulations governing record-keeping with respect to dogs.
2. The Lieutenant Governor in Council may make regulations prohibiting the sale or transfer of dogs under certain circumstances.
3. The operation of puppy mills is prohibited.
Bill 159 2024
An Act to amend the Provincial Animal Welfare Services Act, 2019
His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1 Subsection 1 (1) of the Provincial Animal Welfare Services Act, 2019 is amended by adding the following definition:
“dog” means any dog (Canis lupus familiaris) and includes an animal which is a cross between a dog and another member of the Canis genus, including but not limited to a wolf (Canis lupus) or coyote (Canis latrans); (“chien”)
2 The Act is amended by adding the following section:
Record keeping
14.1 Every person who satisfies such criteria as may be prescribed by the Lieutenant Governor in Council shall, in accordance with the regulations, keep such records as may be prescribed by the Lieutenant Governor in Council in respect of dogs.
3 The Act is amended by adding the
following sections:
Prohibited Sale and Transfer
Prohibition against sale or transfer
23.1 (1) No person shall sell or transfer a dog contrary
to the regulations, if any, made by the Lieutenant Governor in Council.
Definition, “transfer”
(2) In this section, and in the
regulations made for the purposes of this section,
“transfer” includes offer for transfer
and expose for transfer, but does not include a gift.
Prohibition of Puppy Mills
Prohibition, puppy mills
23.2 (1) No person shall operate a puppy mill.
Operating a puppy mill
(2) For the purposes of this
section, a person operates a puppy mill if the person breeds dogs and does any
of the following:
1. Breeding a female dog more than
three times in a two-year period, or breeding more than two litters from a
female dog’s consecutive heat cycles.
2. Breeding a female dog that is
less than 12 months old.
3. Breeding a female dog for the
first time before its second heat.
4. Breeding a parent dog with any
dog in one of their litters.
5. Breeding dogs that are siblings
from the same parent dog.
6. Failing to isolate a dog from
other dogs or animals, including failing to ensure there is no contact with
objects, including food and water containers, that are used by other dogs or
animals, where there are reasonable grounds to believe that the dog is
suffering from a contagious disease or is at high risk of developing a
contagious disease, except,
i. where a veterinarian has
advised, in writing, that the isolation is unnecessary, or
ii. under circumstances
prescribed by the Lieutenant Governor in Council.
7. Failing to ensure that each dog’s
environment is,
i. kept sufficiently clean
as to ensure that the dog is not required to stand, sit or lie down in
excrement, urine, mud or water, and
ii cleaned as frequently as
necessary, using cleaning products that do not pose a risk to the dog, to prevent
an accumulation of excrement, urine or other waste that would pose a risk to
the dog’s health, to maintain a sanitary environment, to minimize the presence
of parasites and to ensure the health of the dog.
8. Separating a puppy from its
mother or substitute mother before the age of 56 days, except as otherwise
recommended by a veterinarian in writing for health reasons.
9. Doing anything that is prescribed
by the Lieutenant Governor in Council for the purposes of this provision.
Separate offences
(3) Each contravention of a
paragraph of subsection (2) is deemed to constitute a separate offence of
operating a puppy mill.
3 The Act is amended by adding the following section:
Prohibited Sale and Transfer of Dog
Prohibition against sale or transfer
23.1 (1) No person shall sell or transfer a dog contrary to the regulations, if any, made by the Lieutenant Governor in Council.
Definition, “transfer”
(2) In this section, and in the regulations made for the purposes of this section,
“transfer” includes offer for transfer and expose for transfer, but does not include a gift.
3.1 (1) The Act is amended by adding the following section:
Operation of Puppy Mills
Prohibition, operation of puppy mills
23.2 (1) No person shall operate a puppy mill.
Operating a puppy mill
(2) For the purposes of this section and section 23.3, a person operates a puppy mill if the person breeds dogs and does any of the following:
1. Failing to take appropriate action to address any severe matting, visible parasites or emaciation in each dog.
2. Failing to isolate a dog from other dogs or animals, including failing to ensure there is no contact with objects, including food and water containers, that are used by other dogs or animals, where there are reasonable grounds to believe that the dog is suffering from a contagious disease or is at high risk of developing a contagious disease, except in such circumstances as may be prescribed by the Lieutenant Governor in Council.
3. Failing to ensure that each dog’s environment is,
i. kept sufficiently clean as to ensure that the dog is not required to stand, sit or lie down in excrement, urine, mud or water, and
ii cleaned as frequently as necessary, using cleaning products that do not pose a risk to the dog, to prevent an accumulation of excrement, urine or other waste that would pose a risk to the dog’s health, to maintain a sanitary environment, to minimize the presence of parasites and to ensure the health of the dog.
Separate offences
(3) Each contravention of a paragraph of subsection (2) is deemed to constitute a separate offence of operating a puppy mill.
(2) Subsection 23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:
4. Breeding a female dog that is less than 12 months old, except in such circumstances as may be prescribed by the Lieutenant Governor in Council.
(3) Subsection 23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:
5. Breeding a female dog for the first time before its second heat, except in such circumstances as may be prescribed by the Lieutenant Governor in Council.
(4) Subsection 23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:
6. Breeding a parent dog with any dog in one of their litters, except in such circumstances as may be prescribed by the Lieutenant Governor in Council.
(5) Subsection 23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:
7. Breeding dogs that are siblings from the same parent dog, except in such circumstances as may be prescribed by the Lieutenant Governor in Council.
(6) Subsection 23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:
8. Separating a puppy from its mother or substitute mother before the age of 56 days, except in such circumstances as may be prescribed by the Lieutenant Governor in Council.
(7) Subsection 23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:
9. Doing anything that is prescribed by the Lieutenant Governor in Council for the purposes of this provision.
3.2 (1) The Act is amended by adding the following section:
Prohibition, encouraging, etc. operation of puppy mill
23.3 (1) No person shall encourage, promote, arrange, assist in, receive a financial or material benefit for or take part in supporting the operation of a puppy mill, including but not limited to the following:
1. Providing a dog for the purposes of breeding to a person who is operating a puppy mill.
2. Making available for use by a person a premises at which the person is operating a puppy mill.
3. Doing anything that is prescribed by the Lieutenant Governor in Council for the purposes of this provision.
Exception
(2) Subsection (1) does not apply in respect of the provision by a veterinarian of veterinary care to a dog or the boarding of a dog by a veterinarian as part of the dog’s care.
(2) Subsection 23.3 (1) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:
4. Facilitating the sale or transfer to any person of a dog from a premises at which a person is operating a puppy mill, except as prescribed by the Lieutenant Governor in Council for the purposes of this paragraph.
4 Subsection 24 (1) of the Act is
amended by adding the following clause:
(a.1) a prohibition under section 23.1
or 23.2;
4 (1) Subsection 24 (1) of the Act is amended by adding the following clause:
(a.1) a prohibition under section 23.2 or 23.3;
(2) Clause 24 (1) (a.1) of the Act, as enacted by subsection (1), is amended by striking out “section 23.2 or 23.3” at the end and substituting “section 23.1, 23.2 or 23.3”.
5 Subsection 27 (1) of the Act is repealed and the following substituted:
Power to make reasonable inquiries
(1) An animal welfare inspector may, for any purpose described in subsection 24 (1), demand that the owner or custodian of the animal respond to reasonable inquiries.
6 (1) Subsection 35 (2.1) of the Act is amended by striking out “subsections 38 (1), (2) and (5)” at the end and substituting “subsections 35 (4) to (8) and 38 (1), (2) and (5)”.
(2) Subsection 35 (6) of the
Act is amended by striking out “(4) (a)” and substituting “(4) (a) or (b)” and
by adding “including by taking one or more of the measures described in section
11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act”
at the end.
(2) Section 35 of the Act is amended by adding the following subsection:
Application of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue Act
(6.1) For the purposes of subsection (6), the Minister of Finance may take one or more of the measures described in section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to enforce the collection of the debt if the Minister, as defined in subsection 1 (1) of this Act, has entered into a memorandum of understanding under section 11.1 of the Ministry of Revenue Act for the Minister of Finance to provide collection services to the Ministry and to enforce the collection of the debt.
7 (1) Clause 49 (1) (a) of the Act is amended by adding the following subclause:
(i.1) section 14.1 (Record keeping),
(2) Subsection 49 (2) of the
Act is amended by striking out “or” at the end of clause (e) and by adding the
following clauses:
(g) section 23.1 (Prohibition against
sale or transfer); or
(h) section 23.2 (Prohibition, puppy
mills).
(2) Subsection 49 (2) of the Act is repealed and the following substituted:
Major offences
(2) Every person is guilty of an offence who contravenes any of the following:
1. Subsection 15 (1) (Causing distress).
2. Subsection 15 (2) (Permitting distress).
3. Section 16 (Animal fighting prohibitions).
4. Section 17 (Harming law enforcement or service animal).
5. Section 18 (Prohibited animal possession or breeding).
6. Section 19 (Prohibition on orca possession and breeding).
7. Section 23.2 (Operation of puppy mills).
8. Section 23.3 (Prohibition, encouraging, etc.).
(2.1) Subsection 49 (2) of the Act, as re-enacted by subsection (2), is amended by adding the following paragraph:
6.1 Section 23.1 (Prohibition against sale or transfer).
(2.2) Paragraphs 1 and 2 of subsection 49 (7) of the Act are repealed and the following substituted:
1. Causing an animal to be in distress in contravention of subsection 15 (1), if the conduct that caused the distress satisfies one of the following:
i. The conduct resulted in,
A. the death of the animal, or
B. the euthanization of the animal after a veterinarian determines it is the most humane course of action.
ii. If the animal is a dog and the conduct did not result in one of the outcomes described in sub-subparagraph 1 i A or B,
A. the conduct occurred as a result of the person owning or having custody of dogs for purposes that include breeding or selling them or their offspring, or
B. the conduct occurred at a premises at which, at the time of the contravention, the person owned or had custody of dogs for purposes that included breeding or selling them or their offspring.
2. Permitting an animal to be in distress in contravention of subsection 15 (2), if the conduct or omission satisfies one of the following:
i. The conduct or omission resulted in,
A. the death of the animal, or
B. the euthanization of the animal after a veterinarian determines it is the most humane course of action.
ii. If the animal is a dog and the conduct or omission did not result in one of the outcomes described in sub-subparagraph 2 i A or B,
A. the conduct or omission occurred as a result of the person owning or having custody of dogs for purposes that include breeding or selling them or their offspring, or
B. the conduct or omission occurred at a premises at which, at the time of the contravention, the person owned or had custody of dogs for purposes that included breeding or selling them or their offspring.
2.1 Knowingly or recklessly causing a dog to be exposed to an undue risk of distress in contravention of subsection 15 (3), if the knowing or reckless conduct,
i. occurred as a result of the person owning or having custody of dogs for purposes that include breeding or selling them or their offspring, or
ii. occurred at a premises at which, at the time of the contravention, the person owned or had custody of dogs for purposes that included breeding or selling them or their offspring.
(3) Section 49 of the Act is amended by adding the following subsections:
Minimum penalties, s. 23.2 (1)
(7.1) Subject to subsection (7.2), the minimum penalty for operating a puppy mill contrary to subsection 23.2 (1) is $10,000.
Same
(7.2) The offence set out in subsection (7.1) has a minimum penalty of $25,000 if the conduct or omission in respect of the offence resulted in either of the following:
1. The death of a dog.
2. The euthanization of a dog after a veterinarian determines it is the most humane course of action.
(4) Section 49 of the Act is amended by adding the following subsection:
Minimum penalties, s. 23.3
(7.3) The minimum penalty for contravening section 23.3 is $10,000.
8 Section 53 of the Act is amended by
adding “including by taking one or more of the measures described in section
11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act”
at the end.
8 Section 53 of the Act is amended by adding the following subsection:
Application of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue Act
(2) For the purposes of subsection (1), the Minister of Finance may take one or more of the measures described in section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to enforce the collection of the debt if the Minister, as defined in subsection 1 (1) of this Act, has entered into a memorandum of understanding under section 11.1 of the Ministry of Revenue Act for the Minister of Finance to provide collection services to the Ministry and to enforce the collection of the debt.
9 Subsection 69 (1) of the Act is
amended by adding the following clauses:
(e.1) governing the keeping of records
for the purposes of section 14.1;
. . . . .
(j.1) for the purposes of section
23.1, governing any aspect of the sale or transfer of a dog including, but not
limited to,
(i) prohibiting sales and
transfers under certain circumstances,
(ii) governing the manner and
conditions of sale or transfer,
(iii) governing the return of a
dog that has been purchased or transferred and the refund of any payment,
(iv) prescribing measures to
protect the health, welfare and care of dogs that are sold or transferred,
(v) prescribing measures to
protect the health, welfare and care of other animals that may be affected by a
sale or transfer,
(vi) prescribing measures to
protect the interests of purchasers and transferees,
(vii) governing requirements for
the identification of dogs before sale or transfer;
(j.2) prescribing circumstances that constitute
operating a puppy mill for the purposes of paragraph 9 of subsection 23.2 (2);
9 (1) Subsection 69 (1) of the Act is amended by adding the following clause:
(e.1) governing the keeping of records for the purposes of section 14.1;
(2) Subsection 69 (1) of the Act is amended by adding the following clause:
(j.1) for the purposes of section 23.1, governing any aspect of the sale or transfer of a dog including, but not limited to,
(i) prohibiting sales and transfers under certain circumstances,
(ii) governing the manner and conditions of sale or transfer,
(iii) governing the return of a dog that has been purchased or transferred and the refund of any payment,
(iv) prescribing measures to protect the health, welfare and care of dogs that are sold or transferred,
(v) prescribing measures to protect the health, welfare and care of other animals that may be affected by a sale or transfer,
(vi) prescribing measures to protect the interests of purchasers and transferees,
(vii) governing requirements for the identification of dogs before sale or transfer;
(3) Subsection 69 (1) of the Act is amended by adding the following clause:
(j.2) prescribing circumstances that constitute operating a puppy mill for the purposes of paragraph 9 of subsection 23.2 (2);
(4) Subsection 69 (1) of the Act is amended by adding the following clause:
(j.3) prescribing actions for the purposes of paragraph 4 of section 23.3;
Commencement
10 (1) Except as otherwise
provided in this section, this Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.
(2) Sections 6 and 8 come
into force on the later of the day subsection 8 (1) of Schedule 6 to the Strengthening Safety and Modernizing Justice Act, 2023 comes
into force and the day this Act receives Royal Assent.
Commencement
10 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.
(2) Sections 2 and 3, subsections 3.1 (2) to (7), 3.2 (2), 4 (2), 7 (1) and (2.1) and section 9 come into force on a day to be named by proclamation of the Lieutenant Governor.
(3) Sections 6 and 8 come into force on the later of the day subsection 8 (1) of Schedule 6 to the Strengthening Safety and Modernizing Justice Act, 2023 comes into force and the day this Act receives Royal Assent.
Short title
11 The short title of this Act is the Preventing Unethical Puppy Sales Act, 2024.