Bill 194 2011

An Act to amend the Ontario Society for the Prevention of Cruelty to Animals Act to establish and provide for the office of the Animal Protection Complaints Commissioner

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 at 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 sections:

Animal Protection Complaints Commissioner

Animal Protection Complaints Commissioner

   21.1  (1)  The Lieutenant Governor in Council shall, on the address of the Legislative Assembly, appoint a person to be the Animal Protection Complaints Commissioner.

Officer of the Assembly

   (2)  The Commissioner is an officer of the Assembly.

Functions

   (3)  The functions of the Commissioner are,

  (a)  to investigate any decision made by or any act or omission of the Society; and

  (b)  to educate the public about the obligations and prohibitions under this Act regarding care of and harm to animals.

Annual report

   (4)  The Commissioner shall report annually on the affairs of the office to the Speaker of the Assembly who shall cause the report to be laid before the Assembly.

Application of Ombudsman Act

   21.2  (1)  The following sections of the Ombudsman Act apply with necessary modifications with respect to the Animal Protection Complaints Commissioner:

    1.  Section 5.

    2.  Sections 8 to 10.

    3.  Sections 12 and 13.

    4.  Section 15.

Same

   (2)  For the purposes of clause 21.1 (3) (a), the following sections of the Ombudsman Act apply with necessary modifications:

    1.  Subsections 14 (2), (3), (4) and (5).

    2.  Sections 16 to 28.

Same

   (3)  For the purposes of subsections (1) and (2), but without limiting the generality of those subsections,

  (a)  a reference to the Ombudsman shall be read as a reference to the Commissioner; and

  (b)  a reference to a governmental organization shall be read as a reference to the Society.

Commencement

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

Short title

   3.  The short title of this Act is the Ontario Society for the Prevention of Cruelty to Animals Amendment Act (Animal Protection Complaints Commissioner), 2011.

EXPLANATORY NOTE

The Bill amends the Ontario Society for the Prevention of Cruelty to Animals Act to establish the position of the Animal Protection Complaints Commissioner.  The Commissioner is an officer of the Legislative Assembly.

The Commissioner's functions are to investigate any decision made by or any act or omission of the Ontario Society for the Prevention of Cruelty to Animals, as well as to educate the public about the obligations and prohibitions under the Act regarding care of and harm to animals.

The Commissioner is required to report annually on the affairs of the office to the Speaker of the Assembly.