Bill 37 2012

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 at www.e-Laws.gov.on.ca.

Note: This Act revokes one or more regulations.  For the legislative history of a consolidated regulation, see the Table of Consolidated Regulations – 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 definitions of "accredited veterinary facility", "Board", "distress", "place" and "veterinarian" in subsection 1 (1) of the Ontario Society for the Prevention of Cruelty to Animals Act are repealed.

   2.  Section 6.1 of the Act is repealed.

   3.  Sections 11, 11.1, 11.2, 11.3, 11.4, 11.5, 12, 12.1, 13, 14, 15, 15.1, 16, 17, 18, 18.1, 19, 20, 21 and 22 of the Act are repealed and the following substituted:

Care and Custody of Animals

Animals taken into custody

Application

   11.  Sections 12 to 15 apply with respect to animals that the Society or an affiliated society takes into custody after the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent.

Custody of animals

   12.  The Society or an affiliated society may take custody of an animal and may provide food, care or treatment to the animal.

Animal's owner or custodian not identified

   13.  The Society or an affiliated society is deemed to be the owner of an animal for all purposes if it has taken custody of the animal and if, after reasonable inquiry, no person is identified as its owner or custodian within the following period of time:

    1.  In the case of a cat or dog, 7 business days.

    2.  In the case of any other animal, 30 business days.

Animal's owner or custodian identified

   14.  (1)  This section applies if the Society or an affiliated society takes custody of an animal and if its owner or custodian is identified within the following period of time:

    1.  In the case of a cat or dog, 7 business days.

    2.  In the case of any other animal, 30 business days.

Return of animal

   (2)  The Society or affiliated society shall make reasonable efforts to immediately return the animal to its owner or custodian unless the owner or custodian has been charged with an offence pertaining to the welfare of animals or the prevention of cruelty to animals.

Owner charged with offence

   (3)  If the animal's owner or custodian has been charged with an offence pertaining to the welfare of animals or the prevention of cruelty to animals, the following rules apply:

    1.  The Society or affiliated society may, subject to paragraph 2, 3 or 4, keep the animal in its custody.

    2.  If the owner or custodian is no longer charged with the offence, the Society or affiliated society shall make reasonable efforts to immediately return the animal to its owner or custodian.

    3.  If the owner or custodian is acquitted, the Society or affiliated society shall make reasonable efforts to immediately return the animal to its owner or custodian.

    4.  If the owner or custodian is convicted, the Society or affiliated society shall make reasonable efforts to immediately return the animal to its owner or custodian unless a judge orders that the animal be forfeited to the Society or affiliated society.

No liability for food, care or treatment

   (4)  Under no circumstances is an owner or custodian of an animal required to pay the whole or any part of the cost to the Society or affiliated society for providing food, care or treatment to the animal.

Unable to return animal

   (5)  If the Society or affiliated society is unable to return an animal after making reasonable efforts to do so, including giving written notice to the owner or custodian, the Society or affiliated society is deemed to be the owner of the animal for all purposes.

Sale of animal

   15.  (1)  If the Society or an affiliated society is deemed to be the owner of an animal under section 13 or subsection 14 (5) or if a judge orders that an animal be forfeited to the Society or an affiliated society, the Society or affiliated society shall sell the animal in accordance with this section.

Sale at fair market value

   (2)  The Society or affiliated society shall take reasonable steps to ensure that the animal is sold at fair market value.

Public auction for cattle, goats, etc.

   (3)  In the case of cattle, goats, horses, sheep and swine, or other prescribed animals, the animal must be sold by offering the animal for sale by public auction.

No public auction required

   (4)  A public auction is not required if the number of animals being sold is fewer than the prescribed number for that type of animal.

Notice of auction to owner, custodian

   (5)  The Society or affiliated society must take reasonable steps to give the animal's previous owner or custodian two weeks notice of the auction.

Notice of auction to public

   (6)  The Society or affiliated society must give the public reasonable notice of the auction.

Proceeds of sale

   (7)  The Society or affiliated society shall pay the proceeds of the sale in accordance with the following rules:

    1.  If the Society or affiliated society was deemed to be the owner of the animal, the Society or affiliated society may keep the proceeds.

    2.  If a judge ordered that the animal be forfeited to the Society or affiliated society, the proceeds shall be paid to the animal's previous owner or custodian.

Damages

   (8)  If an animal described in subsection (3) is not sold in accordance with the rules set out in this section, the Society or affiliated society may be held liable for damages.

Regulations

   (9)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing animals for the purpose of subsection (3);

  (b)  prescribing the number of animals for the purpose of subsection (4).

Transitional - Animals in Custody of the Society, Affiliated Society

Animal in custody of Society, affiliated society

   16.  If an animal is in the custody of the Society or an affiliated society on the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent, sections 13, 14 and 15 apply to the animal as if it was taken into custody on that day.

Transitional - Payments for Food, Care or Treatment

Orders re cost of food, care or treatment

   17.  (1)  This section applies to orders under subsection 14 (1.2) or (1.3), clause 17 (6) (d) or subsection 18 (4), as those provisions read immediately before the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 received Royal Assent, that require an owner or custodian of an animal to pay any part of the cost to the Society for providing food, care or treatment to the animal.

Outstanding orders

   (2)  Any outstanding orders cease to have effect on the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent and no payments are required after that date.

No authority to make order

   (3)  There is no authority to make an order as described in subsection (1) after the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent.

Statement of account re cost of food, care or treatment

   18.  (1)  This section applies to a statement of account respecting the food, care or treatment of an animal that may be served on the animal's owner or custodian under subsection 15 (1), as it read immediately before the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 received Royal Assent.

Outstanding statement of account

   (2)  After the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent, an owner or custodian is not required to pay any amount specified in a statement of account that was served on the owner or custodian before that date.

No authority to serve statement

   (3)  There is no authority to serve a statement of account as described in subsection (1) on an owner or custodian after the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent.

Transitional - Appeals

Rights of appeal, etc.

   19.  (1)  This section applies with respect to the rights of an owner or custodian of an animal to make an appeal, a request or an application to the Animal Care Review Board under section 17, as it read immediately before the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 received Royal Assent, that existed before that date.

Termination of rights

   (2)  The rights described in subsection (1) are terminated on the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent.

Exercise of right, justice of the peace

   (3)  Despite subsection (2), an owner or custodian may, after the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent, make an appeal, request or application as described in subsection (1) to a justice of the peace.

Application of s. 17

   (4)  Section 17, as it read immediately before the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 received Royal Assent, applies with necessary modifications to an appeal, request or application made to a justice of the peace.

Appeals, etc., underway

   20.  (1)  This section applies with respect to a proceeding under section 17, as it read immediately before the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 received Royal Assent, if the proceeding was commenced before that date and if the Animal Care Review Board has not given notice of its decision before that date.

Termination of proceeding

   (2)  The proceeding is terminated on the day the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 receives Royal Assent.

New proceeding, to justice of the peace

   (3)  A new proceeding may be commenced by the owner or custodian of the animal by making an appeal, request or application to a justice of the peace.

Application of s. 17

   (4)  Section 17, as it read immediately before the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012 received Royal Assent, applies with necessary modifications to an appeal, request or application made to a justice of the peace.

   4.  Ontario Regulations 59/09 (General), 60/09 (Standards of Care) and 62/09 (Exemptions) made under the Act are revoked.

Commencement

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

Short title

   6.  The short title of this Act is the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012.

 

EXPLANATORY NOTE

The Bill amends the Ontario Society for the Prevention of Cruelty to Animals Act in the following ways.

New provisions enacted

The Bill enacts new provisions concerning animals that are taken into custody by the Society or an affiliated society. 

The Society or an affiliated society is deemed to be the owner of an animal if its owner or custodian cannot be identified within a specified period of time.  If the owner or custodian can be identified within that time, the animal must be returned.  Specific rules apply if the owner or custodian has been charged with an offence relating to the welfare of animals or the prevention of cruelty to animals.  An owner or custodian is not required to pay the Society or affiliated society for providing an animal with food, care or treatment.

An animal must be sold if the Society or an affiliated society is deemed to be the animal's owner or if a judge orders that the animal be forfeited to the Society or an affiliated society.  Rules are provided governing the sale of animals, the notice that must be given and to whom the proceeds must be paid.

Repeal of various provisions

The Bill repeals the following provisions in the Act:

    1.   Obligations relating to the care of animals, prohibitions relating to causing distress and harm to animals, and the obligation for veterinarians to report the abuse or neglect of animals.

    2.   Provisions governing offences and penalties under the Act.

    3.   Provisions governing the appointment and powers of the Chief Inspector of the Society, and other inspectors and agents, and provisions authorizing them to perform various enforcement functions.

    4.   Various provisions governing the liability of an animal owner or custodian to pay for food, care or treatment provided by the Society to an animal.

    5.   A provision that deems the Society or affiliated society to own an animal if its owner or custodian cannot be identified within a prescribed period of time.

    6.   Provisions governing the structure and composition of the Animal Care Review Board and provisions governing appeals to the Board and the Superior Court of Justice.

Other related provisions are amended or repealed.  All regulations made under the Act are revoked.

Transitional provisions

The Bill includes the following transitional provisions:

    1.   The rules described above under "New provisions enacted" apply to animals that are in the custody of the Society or an affiliated society on the day the Bill comes into force as if they were taken into custody on that day.

    2.   A owner or custodian of an animal is not required to pay the Society for food, care or treatment that was provided to the animal before the Bill comes into force.

    3.   New appeals relating to matters that arise before the Bill comes into force must be made to a justice of the peace instead of the Animal Care Review Board.  Appeals that are underway at the time the Bill comes into force are terminated and may be recommenced before a justice of the peace.