McGuinty Government Takes Action To Improve Animal Welfare
TORONTO, April 3 /CNW/ -
NEWS
Jail, fines and a lifetime ban on owning animals are among the changes
the provincial government is proposing to better protect animals in Ontario,
including those in zoos.
Proposed legislation to be introduced today will, if passed, make
Ontario's animal protection laws the strongest in Canada. These proposed
changes are the first comprehensive amendments to the Ontario Society for the
Prevention of Cruelty to Animals Act since it was introduced in 1919.
Key changes in the proposed Provincial Animal Welfare Act include:- Protecting animals with penalties including jail, fines and a
lifetime ownership ban for those who abuse animals
- Requiring veterinarians to report suspected abuse and neglect, and
protecting them from liability for doing so
- Allowing the Ontario Society for the Prevention of Cruelty to Animals
to inspect places where animals are kept for entertainment,
exhibition, boarding, sale or hire.The proposed legislation builds on the work of Willowdale MPP David
Zimmer to regulate roadside zoos. In 2007, the World Society for the
Protection of Animals awarded Zimmer the Special Award for Leadership in
Animal Welfare.
QUOTES
"We will not tolerate the abuse of animals, including those kept in
roadside zoos. If passed, this legislation would offer the strongest animal
protection in Canada," said Community Safety and Correctional Services
Minister Rick Bartolucci.
"We are pleased that the government has recognized the need to modernize
and toughen animal welfare laws and create stiffer penalties for those
convicted," said Ontario Society for the Prevention of Cruelty to Animals
Chief Executive Officer Kate MacDonald.
QUICK FACTS- The Ontario Society for the Prevention of Cruelty to Animals
investigates roughly 15,000 allegations of animal cruelty each year.
- There are estimated to be over 50 zoos in Ontario, which is more than
all other provinces combined.
LEARN MORE
Download media video clips of Minister Bartolucci at
ftp.mcscs.jus.gov.on.ca.
(Username - OSPCA; Password - download1)
Learn more about animal welfare in Ontario
(www.mcscs.jus.gov.on.ca/english/pub_safety/animal_welfare/animal_welfare.html
)
Find out more about the Ontario Society for the Prevention of Cruelty to
Animals (http://www.ontariospca.ca/).
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BACKGROUNDER
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PROPOSED CHANGES TO IMPROVE ANIMAL WELFARE
If passed, proposed new legislation would amend the Ontario Society for
the Prevention of Cruelty to Animals (OSPCA) Act to better protect animals in
Ontario. These would be the first comprehensive changes to the act since it
was introduced in 1919.
Proposed changes include:
NEW INSPECTION POWERS
- Giving the OSPCA the authority to inspect premises, other than homes,
where animals are kept for the purposes of exhibit, entertainment,
boarding, sale or hire.
- Clarifying the OSPCA's ability to enter premises, other than homes,
without a warrant, when they have reasonable grounds to believe an
animal is in immediate distress.
- Allowing the OSPCA to seize dead animal remains or take samples for
an investigation.
- Establishing the authority to remove and keep an animal where charges
have been laid and where there are reasonable grounds to believe the
animal may be harmed if returned to its owner.
NEW PROVINCIAL OFFENCES
- Creating new provincial offences within the OSPCA Act for:
- Causing or permitting distress to an animal
- Training or permitting animals to fight other animals, or owning
or possessing equipment or structures used in animal fighting
- Failing to comply with standards of care for all animals
- Causing harm to a law enforcement animal
- Obstructing an OSPCA inspector or agent
- Failing to comply with an Animal Care Review Board decision.
- Creating appropriate penalties for the new offences including fines
of up to $60,000 and a potential lifetime ownership ban.
PROTECT EXISTING PRACTICES
- Creating appropriate exemptions for wildlife, agriculture and
veterinary practices
- Respecting areas already regulated by other legislation, such as
animals for research and municipal regulation of animal control.
MANDATORY REPORTING
- Requiring reporting of suspected animal abuse by veterinarians and
protect them from liability for doing so.
CLARIFY EXISTING LEGISLATION
- Amending existing legislation including:
- Defining an owner or custodian to include that an adult is
responsible where a minor "owns" an animal and clarify personal
responsibility where an organization or commercial entity owns an
animal
- Clarifying that an OSPCA order remains in force while it is being
appealed to the Animal Care Review Board
- Enabling the Animal Care Review Board to award costs of interim
animal care, or the costs of complying with an order, to either
party involved in an appeal.
MAINTAIN MUNICIPAL AUTHORITY
- In the event of a conflict between the OSPCA Act and a municipal by-
law, whichever provision affords the greatest protection to animals
would take precedence.
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PROPOSED ANIMAL WELFARE CHANGES: SCENARIOSIf passed, proposed new legislation would amend the Ontario Society for
the Prevention of Cruelty to Animals (OSPCA) Act to better protect animals in
Ontario. These would be the first comprehensive changes to the act since it
was introduced in 1919.
Here are a few examples of how the proposed changes would have affected
some recent situations:
TYSON THE KANGAROO
Scenario: Year-old observations by an Australian tourist raised concerns
that a kangaroo was being kept in a very small cage at a London-area zoo.
Under current laws: The OSPCA could not act as the information was not
current enough to get a search warrant and they could not observe the animal
in immediate distress.
Under proposed changes: The OSPCA could inspect any zoo or enter without
a warrant based upon reasonable grounds to believe that the animal was in
immediate distress.
A.K. THE DOG
Scenario: In Windsor, A.K. - a mixed breed puppy - had his ears crudely
cropped.
Under current laws: The OSPCA could only prosecute under the Criminal
Code. As a result, they had to determine who had cropped the puppy's ears and
whether the harm done was "wilful" as required under the Criminal Code.
Under proposed changes: The OSPCA would only need to determine the owner
of the animal and that the mutilation occurred.
The OSPCA could charge the owner with the proposed offence of causing or
permitting distress. The proposed provincial penalties include the possibility
of a lifetime ownership ban.
ESCAPED JAGUAR AT BRACEBRIDGE ZOO
Scenario: A jaguar escaped from its cage at a Bracebridge-area zoo and
killed the zoo-owner's dog before being shot dead by police.
Under current laws: The Ministry of Natural Resources had revoked the
zoo's licence and removed the native species from the zoo but did not have
jurisdiction over the jaguar.
The OSPCA had no information that the animal was in distress or that it
posed a danger to others (and, ultimately, itself by being kept in a cage from
which it could escape).
Under proposed changes: The OSPCA could inspect and determine whether
prescribed standards of care were met and whether the jaguar's cage was
sufficient, and take appropriate action.
RABID PUPPIES SOLD AT TORONTO FLEA MARKET
Scenario: Puppies infected with rabies were sold at a flea market in
Toronto, resulting in a serious public health incident.
Under current laws: The OSPCA had no information that these puppies were
in distress and had no other ability to inspect their condition.
Under proposed changes: The OSPCA would have the ability to inspect any
premises where animals are sold and could have detected the animals' health
issues earlier. This would also have helped them to find the source of the
puppies sooner.
DOGS LEFT IN CARS
Scenario: Each summer, the OSPCA deals with numerous public complaints
about dogs being left in cars, apparently in distress from heat and
dehydration.
Under current laws: OSPCA can respond but must be able to observe the
animal in immediate distress to take action.
If the animal was not visible (e.g., under a seat, behind heavily tinted
windows, in a trunk, in the cab of a pickup truck), they would have to obtain
a search warrant.
Under proposed changes: The OSPCA could take immediate action with
reasonable grounds to believe the animal was in immediate distress (e.g.,
where the person making the complaint saw or heard the animal in distress
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BACKGROUNDER
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SUPPORT FOR IMPROVED ANIMAL WELFARE LAWSWORLD SOCIETY FOR THE PROTECTION OF ANIMALS
"For years WSPA has witnessed and fought against the suffering of
countless animals in roadside zoos," said World Society for the Protection of
Animals Programs Officer Melissa Tkachyk. "We look forward to working with the
government in this positive new direction."
ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
"We are pleased that the government has recognized the need to modernize
and toughen animal welfare laws and create stiffer penalties for those
convicted," said Ontario Society for the Prevention of Cruelty to Animals
Chief Executive Officer Kate MacDonald.
ONTARIO VETERINARY MEDICAL ASSOCIATION
"As professionals with daily interaction with animals and their owners,
veterinarians are in the best position to detect animal abuse. Unfortunately,
many cases of animal abuse occur right in the household and are eventually
brought into their veterinary clinic out of remorse," said Ontario Veterinary
Medical Association President Dr. Irene Moore. "Making it mandatory for
veterinarians to report all suspected cases of animal abuse with proper
protection when reporting is done in good faith will rescue many animals - and
possibly family members - from their lives of abuse. Ontario veterinarians
applaud the government for recognizing the need to protect our beloved pets."
COLLEGE OF VETERINARIANS OF ONTARIO
"The College of Veterinarians of Ontario appreciates the government
taking steps to improve animal welfare in Ontario, and is pleased that we were
consulted and our input valued, " said College of Veterinarians of Ontario
Registrar Susan Carlyle.-------------------------------------------------------------------------
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For further information: Laura Blondeau, Minister's Office, (416)
325-4973; Anthony Brown, Communications Branch, (416) 314-7772
