[39] Bill 23 Original (PDF)
Bill 23 2007
An Act to amend the Ontario Society for the Prevention of Cruelty to Animals Act
Note: This Act amends the Ontario Society for the Prevention of Cruelty to Animals Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Ontario Society for the Prevention of Cruelty to Animals Act is amended by adding the following heading immediately before section 1:
Definitions
2. The Act is amended by adding the following heading immediately before section 2:
Society
3. The Act is amended by adding the following heading immediately before section 11:
Inspections
4. The Act is amended by adding the following heading immediately before section 13:
Orders and Remedies
5. Section 15.1 of the Act is repealed and the following substituted:
Standards of care for keeping cats or dogs
15.1 (1) Every person who owns or has custody or care of a cat or dog shall comply with the following standards with respect to the animal:
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 a way that ensures its physical safety.
5. Not confine the animal to an enclosure that,
i. has inadequate space,
ii. has unsanitary conditions,
iii. has inadequate ventilation,
iv. does not provide the animal with an opportunity for exercise,
v. accommodates one or more other animals that may pose a danger to the animal, or
vi. is in a state of disrepair or is dangerous to the animal's health or well-being.
6. Not use fear or excessive violence when handling or training the animal except if necessary to do so for medical reasons.
Offence
(2) Every person who fails to comply with any standard of care listed in subsection (1) in respect of any one or more animal is guilty of an offence.
Directors, officers
(3) If a corporation commits an offence mentioned in subsection (2), every director, officer, employee or other agent of the corporation who authorized the offence or who had the authority to prevent the offence from being committed but knowingly refrained from doing so is a party to and guilty of the offence and is liable, on conviction, to the penalty for the offence, whether or not the corporation has been prosecuted or convicted.
Penalty
(4) A person who is guilty of an offence under this section is liable, on conviction,
(a) to a fine of not more than $60,000 or to imprisonment for a term of not more than two years, or to both, if the person is an individual; or
(b) to a fine of not more than $60,000, if the person is not an individual.
Prohibition order
(5) If a person is convicted of an offence under this section, 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 owning or having custody or care of a cat or dog 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.
6. The Act is amended by adding the following heading immediately before section 16:
Review Board
7. The Act is amended by adding the following heading immediately before section 19:
General
Commencement
8. This Act comes into force on the day it receives Royal Assent.
Short title
9. The short title of this Act is the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2007.
EXPLANATORY NOTE
The Bill amends the Ontario Society for the Prevention of Cruelty to Animals Act so that the standards of care in the Act for keeping a cat or dog apply generally and are not limited to keeping the animal for breeding or sale.