Bill 89 2013

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.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Section 15 of the Ontario Society for the Prevention of Cruelty to Animals Act is repealed and the following substituted:

No liability for food, care or treatment

   15.  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 an affiliated society for providing food, care or treatment to the animal.

Owner or custodian charged with offence

   15.0.1  The following rules apply 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 and the animal has been taken into custody by the Society or an affiliated society:

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

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

    3.  If the owner or custodian is convicted of the offence, the Society or affiliated society shall make reasonable efforts to return the animal immediately to its owner or custodian unless a judge orders that the animal be forfeited to the Society or affiliated 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 OSPCA Fairness Act, 2013.

EXPLANATORY NOTE

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

Section 15 of the Act currently permits the Society to serve on an animal's owner or custodian a statement of account respecting the food, care or treatment that an inspector or agent of the Society provided to the animal.  If the owner or custodian refuses to pay or cannot be found, the Society has the power to sell or dispose of the animal.  That section is repealed and replaced with a rule that provides that under no circumstances is an owner or custodian required to pay the costs to the Society or an affiliated society for providing food, care or treatment to an animal.

New section 15.0.1 of the Act provides rules concerning when an animal may be returned to its owner or custodian in circumstances where the owner or custodian has been charged with an offence pertaining to the welfare of animals or the prevention of cruelty to animals and the animal has been taken into custody by the Society or an affiliated society.