Full Statute Name:  Ontario Statutes - Ontario Society for the Prevention of Cruelty to Animals Act

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Popular Title:  Ontario Society for the Prevention of Cruelty to Animals Act Primary Citation:  R.S.O. 1990, c. O.36, s. 1 - 19 Country of Origin:  Canada Alternate Citation:  Date Adopted:  1990
Summary:

This set of laws comprises Ontario, Canada's Society for the Prevention of Cruelty to Animals Act. The object of the Society is to facilitate and provide for the prevention of cruelty to animals and their protection and relief therefrom. The laws outline the requirements for formation and operation of the Society as well as the guidelines under which members can assist animals in distress. Section 15 provides the standards of care for keeping cats or dogs for breeding or sale.

Statute Text: 

s 1. Definitions

In this Act,

"animal" includes a domestic fowl or a bird that is kept as a pet; ("animal")

"Board" means the Animal Care Review Board; ("Commission")

"distress" means the state of being in need of proper care, water, food or shelter or being injured, sick or in pain or suffering or being abused or subject to undue or unnecessary hardship, privation or neglect; ("détresse")

"veterinarian" means a person licensed under the Veterinarians Act. ("vétérinaire")

 

s 2. Society continued

The Ontario Society for the Prevention of Cruelty to Animals, a body politic and corporate incorporated by An Act to Incorporate the Ontario Society for the Prevention of Cruelty to Animals, being chapter 124 of the Statutes of Ontario, 1919, is continued under the name The Ontario Society for the Prevention of Cruelty to Animals in English and Sociét de protection des animaux de l'Ontario in French.

 

s 3. Object

The object of the Society is to facilitate and provide for the prevention of cruelty to animals and their protection and relief therefrom.

 

s 4. Membership

The Society shall consist of class A members, being affiliated societies, class B members, being individual members, and class C members, being honorary members, and each class has such rights and obligations as the by-laws of the Society prescribe.

 

s 5. Board of directors: executive committee

The affairs of the Society shall be controlled and managed by a board of directors and by an executive committee, both of which shall be composed and have such powers and duties as the by-laws of the Society prescribe.

 

s 6. Officers

The Society shall have such officers with such powers and duties as the by-laws of the Society prescribe.

 

s 7.

7(1) By-laws

The Society may pass such by-laws, not contrary to law, as it considers necessary for the control and management of its affairs and the carrying out of its object.

 

7(2) approval

No by-law of the Society is valid or shall be acted upon until it has been approved by a majority of the votes cast in accordance with the by-laws of the Society at an annual or special general meeting.

 

7(3) annulment

The Lieutenant Governor in Council may annul any by-law of the Society.

 

s 8. Powers

The Society,

(a) may acquire and hold as a purchaser, donee, devisee or legatee, or in any other capacity, any interest in real estate;

(b) may accept, receive and hold gifts, bequests or subscriptions of personal estate;

(c) may grant, lease, bargain for, mortgage, sell, assign or otherwise dispose of any of its real or personal estate;

(d) may erect, construct, equip and maintain such buildings and works as it considers advisable for its purposes; and

(e) may do all such other matters and things as it considers advisable for carrying out its object.

 

s 9. Exemption of property from taxation

The lands and buildings of the Society are exempt from taxation except for local improvements and school purposes so long as they are held, used and occupied for the purposes of the Society.

 

s 10. Prohibition

No society, association or group of individuals, whether incorporated or unincorporated, that is established after the 30th day of May, 1955 shall profess to function as a society having for its object the welfare of or the prevention of cruelty to animals unless it is incorporated and becomes affiliated with the Society in accordance with the by-laws of the Society.

 

s 11.

11(1) Inspectors and agents to have powers of police officer

For the purposes of the enforcement of this or any other act or law in force in Ontario pertaining to the welfare of or the prevention of cruelty to animals, every inspector and agent of the Society has and may exercise any of the powers of a police officer.

 

11(2) Inspectors and agents of affiliates

Every inspector and agent of an affiliated society who has been approved by the Society may exercise any of the powers of an inspector or agent of the Society under this Act.

 

11(3) Local police powers

In any part of Ontario in which the Society or an affiliated society does not function, any police officer having jurisdiction in that part has and may exercise any of the powers of an inspector or agent of the Society under this Act.

 

s 12.

12(1) Search warrant

Where a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that there is in any building or place, other than a public place, an animal that is in distress, he or she may at any time issue a warrant authorizing one or more inspectors or agents of the Society named in the warrant to enter the building or place, either alone or accompanied by one or more veterinarians or other persons as the inspectors or agents consider advisable, and inspect the building or place and all animals found there for the purpose of ascertaining whether there is any animal in distress.

 

12(1.1) Telewarrant

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.

 

12(2) Entry without warrant

Where an inspector or agent of the Society observes an animal in immediate distress, he or she may enter without a warrant any premises, building or place, other than a dwelling place, either alone or accompanied by one or more veterinarians or other persons as he or she considers advisable, for the purposes of subsections (3) and (5) and sections 13 and 14.

 

12(3) Authority of veterinarian to inspect animals

A veterinarian who has entered a building or place with an inspector or an agent of the Society may examine any animal in the building or place for the purpose of ascertaining whether the animal is in distress.

 

12(4) When warrant to be executed

Every warrant issued under subsection (1) or (1.1) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and

(b) state when the warrant expires.

 

12(5) Authority to supply necessaries to animals

Where an inspector or an agent of the Society has entered any building or place pursuant to this Act and finds therein an animal in distress he or she may, in addition to any other action he or she is authorized to take under this Act, supply the animal with food, care or treatment.

 

12(6) Regulations

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.

1997, c. 39, s. 11; 2002, c. 27, s. 1; 2006, c. 19, Sched. F, s. 1

 

s 13.

13(1) Order to owner of animals, etc.

Where an inspector or an agent of the Society has reasonable grounds for believing that an animal is in distress and the owner or custodian of the animal is present or may be found promptly, the inspector or agent may order the owner or custodian to,

(a) take such action as may, in the opinion of the inspector or agent, be necessary to relieve the animal of its distress; or

(b) have the animal examined and treated by a veterinarian at the expense of the owner or custodian.

 

13(2) Order to be in writing

Every order under subsection (1) shall be in writing and shall have printed or written thereon the provisions of subsections 17(1) and (2).

 

13(3) Service of order

Every order under subsection (1) shall be served upon the owner or custodian personally or by registered mail addressed to the owner or custodian at the owner's or custodian's last known place of address.

 

13(4) Time for compliance with order

An inspector or an agent of the Society who makes an order under subsection (1) shall specify in the order the time within which any action required by the order shall be performed.

 

13(5) Idem

Every person who is served with an order under subsection (3) shall comply with the order in accordance with its terms until such time as it may be modified, confirmed or revoked and shall thereafter comply with the order as modified or confirmed.

 

13(6) Authority to enter building or place, etc.

Where an order made under subsection (1) remains in force, an inspector or an agent of the Society may, for the purpose of determining whether the order has been complied with, enter without a warrant any building or place in which the animal is located and inspect the animal and the building or place where the animal is kept and if, in his or her opinion, the order has been complied with, he or she shall revoke the order by notice in writing served forthwith upon the owner or custodian in the manner prescribed for service of an order in subsection (3).

 

s 14.

14(1) Taking possession of animal

An inspector or an agent of the Society may remove an animal from the building or place where it is and take possession thereof on behalf of the Society for the purpose of providing it with food, care or treatment to relieve its distress where,

(a) a veterinarian has examined the animal and has advised the inspector or agent in writing that the health and well-being of the animal necessitates its removal;

(b) the inspector or agent has inspected the animal and has reasonable grounds for believing that the animal is in distress and the owner or custodian of the animal is not present and cannot be found promptly; or

(c) an order respecting the animal has been made under section 13 and the order has not been complied with.

 

14(2) Destruction of animal

An inspector or an agent of the Society may destroy an animal,

(a) with the consent of the owner; or

(b) where a veterinarian has examined the animal and has advised the inspector or agent in writing that the animal is ill or injured and, in his or her opinion, is incapable of being so cured or healed as to live thereafter without suffering.

 

14(3) Notice

An inspector or an agent of the Society who has removed or destroyed an animal under subsection (1) or (2), shall forthwith notify the owner or custodian of the animal, if known, of his or her action by notice in writing served upon the owner or custodian in the manner prescribed for service of an order in subsection 13(3).

 

s 15.

15(1) Liability of owner for expenses

Where an inspector or an agent of the Society has provided an animal with food, care or treatment, the Society may serve upon the owner or custodian of the animal, by personal service or by registered mail to the owner's or custodian's last known place of address, a statement of account respecting the food, care or treatment and the owner or custodian is, subject to subsection 17(6), liable for the amount specified in the statement of account.

 

15(2) Power to sell

Where the owner or custodian refuses to pay an account under subsection (1) within five business days after service of the statement of account or where the owner or custodian, after reasonable inquiry, cannot be found, the Society may sell or dispose of the animal and reimburse itself out of the proceeds, holding the balance in trust for the owner or other person entitled thereto.

2006, c. 19, Sched. F, s. 2

 

s 15.1

15.1(1) Standards of care for keeping cats or dogs for breeding or sale

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.

 

15.1(2) Offence

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.

 

15.1(3) Penalty -- individuals

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.

 

15.1(4) Same, corporation

Every corporation that is guilty of an offence under subsection (2) is liable on conviction to a fine of not more than $60,000.

 

15.1(5) Same, directors and officers

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.

 

15.1(6) Prohibition order

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.

2002, c. 27, s. 2

 

s 16.

16(1) Board continued

The Animal Care Review Board is continued under the name Animal Care Review Board in English and Commission d'étude des soins aux animaux in French.

 

16(2) Idem

The Board shall consist of not fewer than three persons who shall be appointed by the Lieutenant Governor in Council.

 

16(3) Chair, vice-chair

The Lieutenant Governor in Council may appoint one of the members of the Board as chair and another of the members as vice-chair.

 

16(4) Composition of Board for hearings

A proceeding before the Board shall be heard and determined by a panel consisting of one or more members of the Board, as assigned by the chair or vice-chair of the Board.

 

16(5) Remuneration of members

The members of the Board shall receive such remuneration and expenses as the Lieutenant Governor in Council determines.

2001, c. 9, Sched. M, s. 1; 2006, c. 34, s. 39

 

s 17.

17(1) Appeal to Board

The owner or custodian of any animal who considers themself aggrieved by an order made under subsection 13(1) or by the removal of an animal under subsection 14(1) may, within five business days of receiving notice of the order or removal, appeal against the order or request the return of the animal by notice in writing to the chair of the Board.

 

17(1.1) Same

The notice shall set out the remedy or action sought and the reasons for the appeal or request.

 

17(2) Application for revocation of order

Where, in the opinion of the owner or custodian of an animal in respect of which an order has been made, the animal has ceased to be in distress, the owner or custodian may apply to the Board to have the order revoked by notice in writing to the chair of the Board.

 

17(3) Notice of hearing

Within five business days of the receipt of a notice under subsection (1) or (2), the chair of the Board shall,

(a) fix a time, date and place at which the Board will hear the matter; and

(b) notify the Society and the person who issued the notice of the time, date and place fixed under clause (a) either personally or by registered mail addressed to the Society at its head office and to the person who issued the notice at that person's last known place of address.

 

17(4) Date of hearing

The date fixed for a hearing shall be not more than 10 business days after the receipt of a notice under subsection (1) or (2).

 

17(5) Procedure at hearing

At a hearing, the Society and the owner or custodian are entitled to hear the evidence, cross-examine, call witnesses, present argument and be represented by persons authorized under the Law Society Act to represent them.

 

17(6) Powers of Board

After a hearing or, with the consent of the Society and the person who issued the notice under subsection (1) or (2), without a hearing, the Board may,

(a) respecting an order made under subsection 13(1), confirm, revoke or modify the order appealed against;

(b) respecting the removal of an animal under subsection 14(1), order that the animal be returned to the owner or custodian and may make an order in the same terms as an order may be made under subsection 13(1); or

(c) order that the whole or any part of the cost of complying with an order or providing food, care or treatment to an animal be paid by the Society.

 

17(7) Notice of decision

Notice of the decision of the Board made under subsection (6), together with reasons in writing for its decision, shall be served forthwith upon the Society and the owner or custodian in the manner prescribed for service of a notice in subsection (3).

1993, c. 27, Sched.; 2006, c. 19, Sched. F, s. 3; 2006, c. 21, Sched. C, s. 124

 

s 18.

18(1) Appeal

The Society or the owner or custodian may appeal the decision of the Board to a judge of the Superior Court of Justice.

 

18(2) Notice of appeal

The appeal shall be made by filing a notice of appeal with the local registrar of the court and serving a copy thereof on the other parties before the Board within 15 business days after the notice of the Board's decision is served on the appellant under subsection 17(7).

 

18(3) Date of hearing

The appellant or any person served with notice of appeal may, upon at least two business days notice to each of the other parties, apply to the judge to fix a date for the hearing of the appeal.

 

18(4) Decision

The appeal shall be a new hearing and the judge may rescind, alter or confirm the decision of the Board and make such order as to costs as he or she considers appropriate, and the decision of the judge is final.

2006, c. 19, Sched. C, s. 1(1), Sched. F, s. 4

 

s 19. Inspector, etc., not personally liable

No inspector or agent of the Society and no veterinarian or member of the Board is personally liable for anything done by him or her in good faith under or purporting to be under the authority of this Act.

s

[Repealed 1997, c. 39, s. 12.]

s

[Repealed 1997, c. 39, s. 12.]

 

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