[37] Bill 129 Royal Assent (PDF)
Bill 129 2002
An Act to amend
the Ontario Society for the
Prevention of Cruelty to Animals Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 12 of the Ontario Society for the Prevention of Cruelty to Animals Act, as amended by the Statutes of Ontario, 1997, chapter 39, section 11, is amended by adding the following subsection:
Telewarrant
(1.1) Where an inspector or an agent of the Society believes that it would be impracticable to appear personally before a justice of the peace to make application for a warrant under subsection (1), he or she may, in accordance with the regulations, seek the warrant by telephone or other means of telecommunication, and the justice of the peace may, in accordance with the regulations, issue the warrant by the same means.
(2) Subsection 12 (4) of the Act is amended by striking out "Every warrant issued under subsection (1)" at the beginning and substituting "Every warrant issued under subsection (1) or (1.1)".
(3) Subsection 12 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 39, section 11, is repealed and the following substituted:
Regulations
(6) The Minister responsible for the administration of this Act may make regulations,
(a) prescribing the form for the information on oath required by subsection (1) and for the warrant issued under subsection (1);
(b) governing applications for and the issue of warrants by telephone or other means of telecommunication for the purpose of subsection (1.1), prescribing the form required to apply for a warrant under that subsection and the form for the warrant issued under that subsection, prescribing rules for the execution of such warrants and prescribing evidentiary rules with respect to such warrants.
2. The Act is amended by adding the following section:
Standards of care for keeping cats or dogs
for breeding or sale
15.1 (1) Every person who is engaged, employed or otherwise involved in the breeding of cats or dogs for sale and who owns or has custody or care of a cat or dog that is being kept for breeding purposes or for sale shall comply with the following standards with respect to every such cat or dog in the person's ownership, custody or care:
1. Provide the animal with adequate food and water.
2. Provide the animal with adequate medical attention when the animal is sick or injured or in pain or suffering.
3. Provide the animal with adequate protection from the elements.
4. Transport the animal in such a way as to ensure its physical safety.
5. Not confine the animal to an enclosure,
i. with inadequate space,
ii. with unsanitary conditions,
iii. with inadequate ventilation,
iv. without providing the animal with an opportunity for exercise,
v. together with one or more other animals that may pose a danger to the animal, or
vi. that is in a state of disrepair or that is dangerous to the animal's health or well-being.
Offence
(2) Every person who fails to comply with any standard of care listed in subsection (1) in respect of any one or more cat or dog is guilty of an offence.
Penalty - individuals
(3) Every individual who is guilty of an offence under subsection (2) is liable on conviction to a fine of not more than $60,000 or to imprisonment for a term of not more than two years, or to both.
Same, corporations
(4) Every corporation that is guilty of an offence under subsection (2) is liable on conviction to a fine of not more than $60,000.
Same, directors and officers
(5) Every director or officer of a corporation who authorized, permitted or participated in the commission of an offence by the corporation under subsection (2) is also guilty of the offence and on conviction is liable to a fine of not more than $60,000 or to imprisonment for a term of not more than two years, or to both, whether or not the corporation has been prosecuted or convicted.
Prohibition order
(6) If a person is convicted of an offence under subsection (2), the court making the conviction may, in addition to any other penalty, make an order prohibiting the convicted person or, if the convicted person is a corporation, the directors and officers of the corporation from engaging or being employed or otherwise involved in the breeding of cats or dogs for sale for any period of time specified in the order, including, in the case of an individual, for the remainder of the person's life and, in the case of a corporation, forever.
Commencement
3. This Act comes into force on the day it receives Royal Assent.
Short title
4. The short title of this Act is the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2002.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 129 and does not form part of the law. Bill 129 has been enacted as Chapter 27 of the Statutes of Ontario, 2002.
The Bill amends the Ontario Society for the Prevention of Cruelty to Animals Act.
It enables inspectors and agents of the Ontario Society for the Prevention of Cruelty to Animals to obtain telewarrants when it would be impracticable to obtain a warrant in person.
It establishes standards for the care of cats and dogs by persons who breed cats or dogs for sale and creates an offence for the violation of any of the standards. The penalty for the offence is a maximum fine of $60,000 or a maximum prison term of two years, or both. The court making the conviction may also prohibit the convicted person from engaging or being employed or involved in the breeding of cats or dogs for sale for any period of time, including, in the case of an individual, for the remainder of his or her life and, in the case of a corporation, forever.