role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 159, Preventing Unethical Puppy Sales Act, 2024

Kerzner, Hon. Michael S. Solicitor General

Royal Assent received. Statutes of Ontario 2024,

chapter 14

Please select

View bill

Status

Debates

Acts affected

Royal Assent

As Amended by Standing Committee

Original

Bill 159 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 159 and does not form part of the law.

Bill 159 has been enacted as

Chapter 14 of the Statutes of Ontario, 2024.

The

Provincial Animal Welfare Services Act, 2019 is

amended. Among the changes are the following:

1. The

Lieutenant Governor in Council may make regulations governing record-keeping

with respect to dogs.

2. The

Lieutenant Governor in Council may make regulations prohibiting the sale or

transfer of dogs under certain circumstances.

3. The

operation of puppy mills is prohibited.

Bill 159 2024

Act to amend the Provincial Animal Welfare Services Act, 2019

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Subsection 1 (1) of the Provincial Animal Welfare Services

Act, 2019 is amended by adding the following definition:

“dog”

means any dog ( Canis lupus familiaris ) and includes

an animal which is a cross between a dog and another member of the Canis genus, including but not limited to a wolf ( Canis lupus ) or coyote ( Canis

latrans ); (“chien”)

The Act is amended by adding the following section:

Record

keeping

14.1 Every person who

satisfies such criteria as may be prescribed by the Lieutenant Governor in

Council shall, in accordance with the regulations, keep such records as may be

prescribed by the Lieutenant Governor in Council in respect of dogs.

The Act is amended by adding the following section:

Prohibited Sale and

Transfer of Dog

Prohibition

against sale or transfer

23.1

(1) No

person shall sell or transfer a dog contrary to the regulations, if any, made

by the Lieutenant Governor in Council.

Definition,

“transfer”

(2) In

this section, and in the regulations made for the purposes of this section,

“transfer”

includes offer for transfer and expose for transfer, but does not include a

gift.

(1) The Act is amended by adding the following section:

Operation of Puppy

Mills

Prohibition,

operation of puppy mills

23.2

(1) No

person shall operate a puppy mill.

Operating

a puppy mill

(2) For

the purposes of this

section and

section 23.3, a person operates a puppy mill

if the person breeds dogs and does any of the following:

1. Failing

to take appropriate action to address any severe matting, visible parasites or

emaciation in each dog.

2. Failing

to isolate a dog from other dogs or animals, including failing to ensure there

is no contact with objects, including food and water containers, that are used

by other dogs or animals, where there are reasonable grounds to believe that

the dog is suffering from a contagious disease or is at high risk of developing

a contagious disease, except in such circumstances as may be prescribed by the

Lieutenant Governor in Council.

3. Failing

to ensure that each dog’s environment is,

i. kept

sufficiently clean as to ensure that the dog is not required to stand, sit or

lie down in excrement, urine, mud or water, and

ii cleaned

as frequently as necessary, using cleaning products that do not pose a risk to

the dog, to prevent an accumulation of excrement, urine or other waste that

would pose a risk to the dog’s health, to maintain a sanitary environment, to

minimize the presence of parasites and to ensure the health of the dog.

Separate

offences

(3) Each

contravention of a paragraph of subsection (2) is deemed to constitute a

separate offence of operating a puppy mill.

(2) Subsection

23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the

following paragraph:

4. Breeding

a female dog that is less than 12 months old, except in such circumstances as

may be prescribed by the Lieutenant Governor in Council.

(3) Subsection

23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the

following paragraph:

5. Breeding

a female dog for the first time before its second heat, except in such

circumstances as may be prescribed by the Lieutenant Governor in Council.

(4) Subsection

23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the

following paragraph:

6. Breeding

a parent dog with any dog in one of their litters, except in such circumstances

as may be prescribed by the Lieutenant Governor in Council.

(5) Subsection

23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the

following paragraph:

7. Breeding

dogs that are siblings from the same parent dog, except in such circumstances

as may be prescribed by the Lieutenant Governor in Council.

(6) Subsection

23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the

following paragraph:

8. Separating

a puppy from its mother or substitute mother before the age of 56 days, except

in such circumstances as may be prescribed by the Lieutenant Governor in

Council.

(7) Subsection

23.2 (2) of the Act, as enacted by subsection (1), is amended by adding the

following paragraph:

9. Doing

anything that is prescribed by the Lieutenant Governor in Council for the

purposes of this provision.

(1) The Act is amended by adding the following section:

Prohibition,

encouraging, etc. operation of puppy mill

23.3

(1) No

person shall encourage, promote, arrange, assist in, receive a financial or

material benefit for or take

part in supporting the operation of a puppy mill,

including but not limited to the following:

1. Providing

a dog for the purposes of breeding to a person who is operating a puppy mill.

2. Making

available for use by a person a premises at which the person is operating a

puppy mill.

3. Doing anything that is

prescribed by the Lieutenant Governor in Council for the purposes of this

provision.

Exception

(2) Subsection

(1) does not apply in respect of the provision by a veterinarian of veterinary

care to a dog or the boarding of a dog by a veterinarian as part of the dog’s

care.

(2) Subsection

23.3 (1) of the Act, as enacted by subsection (1), is amended by adding the following

paragraph:

4. Facilitating

the sale or transfer to any person of a dog from a premises at which a person

is operating a puppy mill, except as prescribed by the Lieutenant Governor in

Council for the purposes of this paragraph.

(1) Subsection 24 (1) of the Act is amended by adding the following

clause:

(a.1) a

prohibition under

section 23.2 or 23.3;

(2) Clause

24 (1) (a.1) of the Act, as enacted by subsection (1), is amended by striking

out “section 23.2 or 23.3” at the end and substituting “section 23.1, 23.2 or

23.3”.

Subsection 27 (1) of the Act is repealed and the following substituted:

Power

to make reasonable inquiries

(1) An

animal welfare inspector may, for any purpose described in subsection 24 (1),

demand that the owner or custodian of the animal respond to reasonable

inquiries.

(1) Subsection 35 (2.1) of the Act is amended by striking out

“subsections 38 (1), (2) and (5)” at the end and substituting “subsections 35

(4) to (8) and 38 (1), (2) and (5)”.

(2) Section

35 of the Act is amended by adding the following subsection:

Application

of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue Act

(6.1) For

the purposes of subsection (6), the Minister of Finance may take one or more of

the measures described in

section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to enforce the collection of the

debt if the Minister, as defined in subsection 1 (1) of this Act, has entered

into a memorandum of understanding under

section 11.1 of the Ministry of Revenue Act for the Minister of Finance to

provide collection services to the Ministry and to enforce the collection of

the debt.

(1) Clause 49 (1) (

a) of the Act is amended by adding the following subclause:

(i.1)

section

14.1 (Record keeping),

(2) Subsection

49 (2) of the Act is repealed and the following substituted:

Major

offences

(2) Every

person is guilty of an offence who contravenes any of the following:

1. Subsection

15 (1) (Causing distress).

2. Subsection

15 (2) (Permitting distress).

Section

16 (Animal fighting prohibitions).

Section

17 (Harming law enforcement or service animal).

Section

18 (Prohibited animal possession or breeding).

Section

19 (Prohibition on orca possession and breeding).

Section

23.2 (Operation of puppy mills).

Section

23.3 (Prohibition, encouraging, etc.).

(3) Subsection

49 (2) of the Act, as re-enacted by subsection (2), is amended by adding the

following paragraph:

6.1

Section

23.1 (Prohibition against sale or transfer).

(4) Paragraphs

1 and 2 of subsection 49 (7) of the Act are repealed and the following

substituted:

1. Causing

an animal to be in distress in contravention of subsection 15 (1), if the

conduct that caused the distress satisfies one of the following:

i. The

conduct resulted in,

A. the

death of the animal, or

B. the

euthanization of the animal after a veterinarian determines it is the most

humane course of action.

ii. If

the animal is a dog and the conduct did not result in one of the outcomes

described in sub-subparagraph 1 i A or B,

A. the

conduct occurred as a result of the person owning or having custody of dogs for

purposes that include breeding or selling them or their offspring, or

B. the

conduct occurred at a premises at which, at the time of the contravention, the

person owned or had custody of dogs for purposes that included breeding or

selling them or their offspring.

2. Permitting

an animal to be in distress in contravention of subsection 15 (2), if the

conduct or omission satisfies one of the following:

i. The

conduct or omission resulted in,

A. the

death of the animal, or

B. the

euthanization of the animal after a veterinarian determines it is the most

humane course of action.

ii. If

the animal is a dog and the conduct or omission did not result in one of the

outcomes described in sub-subparagraph 2 i A or B,

A. the

conduct or omission occurred as a result of the person owning or having custody

of dogs for purposes that include breeding or selling them or their offspring,

B. the

conduct or omission occurred at a premises at which, at the time of the

contravention, the person owned or had custody of dogs for purposes that

included breeding or selling them or their offspring.

2.1 Knowingly

or recklessly causing a dog to be exposed to an undue risk of distress in

contravention of subsection 15 (3), if the knowing or reckless conduct,

i. occurred

as a result of the person owning or having custody of dogs for purposes that

include breeding or selling them or their offspring, or

ii. occurred

at a premises at which, at the time of the contravention, the person owned or

had custody of dogs for purposes that included breeding or selling them or

their offspring.

(5) Section

49 of the Act is amended by adding the following subsections:

Minimum

penalties, s. 23.2 (1)

(7.1) Subject

to subsection (7.2), the minimum penalty for operating a puppy mill contrary to

subsection 23.2 (1) is $10,000.

Same

(7.2) The

offence set out in subsection (7.1) has a minimum penalty of $25,000 if the conduct

or omission in respect of the offence resulted in either of the following:

1. The

death of a dog.

2. The

euthanization of a dog after a veterinarian determines it is the most humane

course of action.

(6) Section

49 of the Act is amended by adding the following subsection:

Minimum

penalties, s. 23.3

(7.3) The

minimum penalty for contravening

section 23.3 is $10,000.

Section 53 of the Act is amended by adding the following subsection:

Application

of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue Act

(2) For

the purposes of subsection (1), the Minister of Finance may take one or more of

the measures described in

section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to enforce the collection of the

debt if the Minister, as defined in subsection 1 (1) of this Act, has entered

into a memorandum of understanding under

section 11.1 of the Ministry of Revenue Act for the Minister of Finance to

provide collection services to the Ministry and to enforce the collection of

the debt.

(1) Subsection 69 (1) of the Act is amended by adding the following

clause:

(e.1) governing

the keeping of records for the purposes of

section 14.1;

(2) Subsection

69 (1) of the Act is amended by adding the following clause:

(j.1) for

the purposes of

section 23.1, governing any aspect of the sale or transfer of a

dog including, but not limited to,

(

i) prohibiting

sales and transfers under certain circumstances,

(ii) governing

the manner and conditions of sale or transfer,

(iii) governing

the return of a dog that has been purchased or transferred and the refund of

any payment,

(iv) prescribing

measures to protect the health, welfare and care of dogs that are sold or

transferred,

(

v) prescribing

measures to protect the health, welfare and care of other animals that may be

affected by a sale or transfer,

(vi) prescribing

measures to protect the interests of purchasers and transferees,

(vii) governing

requirements for the identification of dogs before sale or transfer;

(3) Subsection

69 (1) of the Act is amended by adding the following clause:

(j.2) prescribing

circumstances that constitute operating a puppy mill for the purposes of

paragraph 9 of subsection 23.2 (2);

(4) Subsection

69 (1) of the Act is amended by adding the following clause:

(j.3) prescribing

actions for the purposes of paragraph 4 of

section 23.3;

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day it receives Royal Assent.

(2) Sections

2 and 3, subsections 4 (2) to (7), 5 (2), 6 (2), 9 (1) and (3) and

section 11 come

into force on a day to be named by proclamation of the Lieutenant Governor.

(3) Sections

8 and 10 come into force on the later of the day subsection 8 (1) of

Schedule 6

to the Strengthening Safety and Modernizing Justice Act,

2023 comes into force and the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Preventing Unethical

Puppy Sales Act, 2024 .

Bill 159 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

The

Provincial Animal Welfare Services Act, 2019 is

amended. Among the changes are the following:

1. The

Lieutenant Governor in Council may make regulations governing record-keeping

with respect to dogs.

2. The

Lieutenant Governor in Council may make regulations prohibiting the sale or

transfer of dogs under certain circumstances.

3. The

operation of puppy mills is prohibited.

Bill 159 2024

Act to amend the Provincial Animal Welfare Services Act, 2019

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Subsection 1 (1) of the Provincial Animal Welfare Services

Act, 2019 is amended by adding the following definition:

“dog”

means any dog ( Canis lupus familiaris ) and includes

an animal which is a cross between a dog and another member of the Canis genus, including but not limited to a wolf ( Canis lupus ) or coyote ( Canis

latrans ); (“chien”)

The Act is amended by adding the following section:

Record

keeping

14.1 Every person who

satisfies such criteria as may be prescribed by the Lieutenant Governor in

Council shall, in accordance with the regulations, keep such records as may be

prescribed by the Lieutenant Governor in Council in respect of dogs.

3 The Act is amended by adding the

following sections:

Prohibited Sale and Transfer

Prohibition against sale or transfer

23.1

(1) No person shall sell or transfer a dog contrary

to the regulations, if any, made by the Lieutenant Governor in Council.

Definition, “transfer”

(2) In this section, and in the

regulations made for the purposes of this section,

“transfer” includes offer for transfer

and expose for transfer, but does not include a gift.

Prohibition of Puppy Mills

Prohibition, puppy mills

23.2

(1) No person shall operate a puppy mill.

Operating a puppy mill

(2) For the purposes of this

section, a person operates a puppy mill if the person breeds dogs and does any

of the following:

1. Breeding a female dog more than

three times in a two-year period, or breeding more than two litters from a

female dog’s consecutive heat cycles.

2. Breeding a female dog that is

less than 12 months old.

3. Breeding a female dog for the

first time before its second heat.

4. Breeding a parent dog with any

dog in one of their litters.

5. Breeding dogs that are siblings

from the same parent dog.

6. Failing to isolate a dog from

other dogs or animals, including failing to ensure there is no contact with

objects, including food and water containers, that are used by other dogs or

animals, where there are reasonable grounds to believe that the dog is

suffering from a contagious disease or is at high risk of developing a

contagious disease, except,

i. where a veterinarian has

advised, in writing, that the isolation is unnecessary, or

ii. under circumstances

prescribed by the Lieutenant Governor in Council.

7. Failing to ensure that each dog’s

environment is,

i. kept sufficiently clean

as to ensure that the dog is not required to stand, sit or lie down in

excrement, urine, mud or water, and

ii cleaned as frequently as

necessary, using cleaning products that do not pose a risk to the dog, to prevent

an accumulation of excrement, urine or other waste that would pose a risk to

the dog’s health, to maintain a sanitary environment, to minimize the presence

of parasites and to ensure the health of the dog.

8. Separating a puppy from its

mother or substitute mother before the age of 56 days, except as otherwise

recommended by a veterinarian in writing for health reasons.

9. Doing anything that is prescribed

by the Lieutenant Governor in Council for the purposes of this provision.

Separate offences

(3) Each contravention of a

paragraph of subsection (2) is deemed to constitute a separate offence of

operating a puppy mill.

3 The Act is amended by adding the

following section:

Prohibited Sale and Transfer of Dog

Prohibition against sale or transfer

23.1

(1) No person shall sell or transfer a dog

contrary to the regulations, if any, made by the Lieutenant Governor in

Council.

Definition, “transfer”

(2) In this section, and in

the regulations made for the purposes of this section,

“transfer” includes offer for transfer

and expose for transfer, but does not include a gift.

3.1

(1) The Act is

amended by adding the following section:

Operation of Puppy Mills

Prohibition, operation of puppy mills

23.2

(1) No person shall operate a puppy mill.

Operating a puppy mill

(2) For the purposes of this

section and

section 23.3, a person operates a puppy mill if the person breeds

dogs and does any of the following:

1. Failing to take appropriate

action to address any severe matting, visible parasites or emaciation in each

dog.

2. Failing to isolate a dog from

other dogs or animals, including failing to ensure there is no contact with

objects, including food and water containers, that are used by other dogs or

animals, where there are reasonable grounds to believe that the dog is suffering

from a contagious disease or is at high risk of developing a contagious disease,

except in such circumstances as may be prescribed by the Lieutenant Governor in

Council.

3. Failing to ensure that each dog’s

environment is,

i. kept sufficiently clean

as to ensure that the dog is not required to stand, sit or lie down in

excrement, urine, mud or water, and

ii cleaned as frequently as

necessary, using cleaning products that do not pose a risk to the dog, to

prevent an accumulation of excrement, urine or other waste that would pose a

risk to the dog’s health, to maintain a sanitary environment, to minimize the presence

of parasites and to ensure the health of the dog.

Separate offences

(3) Each contravention of a

paragraph of subsection (2) is deemed to constitute a separate offence of

operating a puppy mill.

(2) Subsection 23.2 (2) of

the Act, as enacted by subsection (1), is amended by adding the following

paragraph:

4. Breeding a female dog that is

less than 12 months old, except in such circumstances as may be prescribed by

the Lieutenant Governor in Council.

(3) Subsection 23.2 (2) of

the Act, as enacted by subsection (1), is amended by adding the following

paragraph:

5. Breeding a female dog for the

first time before its second heat, except in such circumstances as may be

prescribed by the Lieutenant Governor in Council.

(4) Subsection 23.2 (2) of

the Act, as enacted by subsection (1), is amended by adding the following

paragraph:

6. Breeding a parent dog with any

dog in one of their litters, except in such circumstances as may be prescribed

by the Lieutenant Governor in Council.

(5) Subsection 23.2 (2) of

the Act, as enacted by subsection (1), is amended by adding the following

paragraph:

7. Breeding dogs that are siblings

from the same parent dog, except in such circumstances as may be prescribed by

the Lieutenant Governor in Council.

(6) Subsection 23.2 (2) of

the Act, as enacted by subsection (1), is amended by adding the following

paragraph:

8. Separating a puppy from its

mother or substitute mother before the age of 56 days, except in such

circumstances as may be prescribed by the Lieutenant Governor in Council.

(7) Subsection 23.2 (2) of

the Act, as enacted by subsection (1), is amended by adding the following

paragraph:

9. Doing anything that is prescribed

by the Lieutenant Governor in Council for the purposes of this provision.

3.2

(1) The Act is

amended by adding the following section:

Prohibition, encouraging, etc. operation

of puppy mill

23.3

(1) No person shall encourage, promote,

arrange, assist in, receive a financial or material benefit for or take

part in

supporting the operation of a puppy mill, including but not limited to the

following:

1. Providing a dog for the purposes

of breeding to a person who is operating a puppy mill.

2. Making available for use by a

person a premises at which the person is operating a puppy mill.

3. Doing anything that is prescribed by the Lieutenant

Governor in Council for the purposes of this provision.

Exception

(2) Subsection (1) does not

apply in respect of the provision by a veterinarian of veterinary care to a dog

or the boarding of a dog by a veterinarian as part of the dog’s care.

(2) Subsection 23.3 (1) of

the Act, as enacted by subsection (1), is amended by adding the following paragraph:

4. Facilitating the sale or transfer

to any person of a dog from a premises at which a person is operating a puppy

mill, except as prescribed by the Lieutenant Governor in Council for the

purposes of this paragraph.

4 Subsection 24 (1) of the Act is

amended by adding the following clause:

(a.1) a prohibition under

section 23.1

or 23.2;

4 (1) Subsection 24 (1) of

the Act is amended by adding the following clause:

(a.1) a prohibition under

section 23.2 or

23.3;

(2) Clause 24 (1) (a.1) of

the Act, as enacted by subsection (1), is amended by striking out “section 23.2

or 23.3” at the end and substituting “section 23.1, 23.2 or 23.3”.

Subsection 27 (1) of the Act is repealed and the following substituted:

Power

to make reasonable inquiries

(1) An

animal welfare inspector may, for any purpose described in subsection 24 (1),

demand that the owner or custodian of the animal respond to reasonable

inquiries.

(1) Subsection 35 (2.1) of the Act is amended by striking out

“subsections 38 (1), (2) and (5)” at the end and substituting “subsections 35

(4) to (8) and 38 (1), (2) and (5)”.

(2) Subsection 35 (6) of the

Act is amended by striking out “(4) (a)” and substituting “(4) (

a) or (b)” and

by adding “including by taking one or more of the measures described in

section

11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act ”

at the end.

(2) Section 35 of the Act is

amended by adding the following subsection:

Application of ss. 11.1.1, 11.1.2 and

11.1.4 of Ministry of Revenue Act

(6.1) For the purposes of

subsection (6), the Minister of Finance may take one or more of the measures

described in

section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to

enforce the collection of the debt if the Minister, as defined in subsection 1

(1) of this Act, has entered into a memorandum of understanding under

section 11.1

of the Ministry of Revenue Act for the Minister of Finance to provide

collection services to the Ministry and to enforce the collection of the debt.

(1) Clause 49 (1) (

a) of the Act is amended by adding the following subclause:

(i.1)

section

14.1 (Record keeping),

(2) Subsection 49 (2) of the

Act is amended by striking out “or” at the end of clause (

e) and by adding the

following clauses:

(

g) section 23.1 (Prohibition against

sale or transfer); or

(

h) section 23.2 (Prohibition, puppy

mills).

(2) Subsection 49 (2) of the

Act is repealed and the following substituted:

Major offences

(2) Every person is guilty of

an offence who contravenes any of the following:

1. Subsection 15 (1) (Causing

distress).

2. Subsection 15 (2) (Permitting

distress).

Section 16 (Animal fighting

prohibitions).

Section 17 (Harming law

enforcement or service animal).

Section 18 (Prohibited animal

possession or breeding).

Section 19 (Prohibition on orca

possession and breeding).

Section 23.2 (Operation of puppy

mills).

Section 23.3 (Prohibition, encouraging,

etc.).

(2.1) Subsection 49 (2) of

the Act, as re-enacted by subsection (2), is amended by adding the following

paragraph:

6.1

Section 23.1 (Prohibition against

sale or transfer).

(2.2) Paragraphs 1 and 2 of

subsection 49 (7) of the Act are repealed and the following substituted:

1. Causing an animal to be in distress

in contravention of subsection 15 (1), if the conduct that caused the distress

satisfies one of the following:

i. The conduct resulted in,

A. the death of the

animal, or

B. the euthanization

of the animal after a veterinarian determines it is the most humane course of

action.

ii. If the animal is a dog

and the conduct did not result in one of the outcomes described in

sub-subparagraph 1 i A or B,

A. the conduct

occurred as a result of the person owning or having custody of dogs for purposes

that include breeding or selling them or their offspring, or

B. the conduct

occurred at a premises at which, at the time of the contravention, the person

owned or had custody of dogs for purposes that included breeding or selling

them or their offspring.

2. Permitting an animal to be in

distress in contravention of subsection 15 (2), if the conduct or omission

satisfies one of the following:

i. The conduct or omission

resulted in,

A. the death of the

animal, or

B. the euthanization

of the animal after a veterinarian determines it is the most humane course of

action.

ii. If the animal is a dog

and the conduct or omission did not result in one of the outcomes described in

sub-subparagraph 2 i A or B,

A. the conduct or

omission occurred as a result of the person owning or having custody of dogs

for purposes that include breeding or selling them or their offspring, or

B. the conduct or

omission occurred at a premises at which, at the time of the contravention, the

person owned or had custody of dogs for purposes that included breeding or

selling them or their offspring.

2.1 Knowingly or recklessly causing a

dog to be exposed to an undue risk of distress in contravention of subsection 15

(3), if the knowing or reckless conduct,

i. occurred as a result of

the person owning or having custody of dogs for purposes that include breeding

or selling them or their offspring, or

ii. occurred at a premises at

which, at the time of the contravention, the person owned or had custody of

dogs for purposes that included breeding or selling them or their offspring.

(3) Section

49 of the Act is amended by adding the following subsections:

Minimum

penalties, s. 23.2 (1)

(7.1) Subject

to subsection (7.2), the minimum penalty for operating a puppy mill contrary to

subsection 23.2 (1) is $10,000.

Same

(7.2) The

offence set out in subsection (7.1) has a minimum penalty of $25,000 if the conduct

or omission in respect of the offence resulted in either of the following:

1. The

death of a dog.

2. The

euthanization of a dog after a veterinarian determines it is the most humane

course of action.

(4) Section 49 of the Act is

amended by adding the following subsection:

Minimum penalties, s. 23.3

(7.3) The minimum penalty for

contravening

section 23.3 is $10,000.

Section 53 of the Act is amended by

adding “including by taking one or more of the measures described in

section

11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act ”

at the end.

Section 53 of the Act is amended by

adding the following subsection:

Application of ss. 11.1.1, 11.1.2 and

11.1.4 of Ministry of Revenue Act

(2) For the purposes of

subsection (1), the Minister of Finance may take one or more of the measures

described in

section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to

enforce the collection of the debt if the Minister, as defined in subsection 1

(1) of this Act, has entered into a memorandum of understanding under

section 11.1

of the Ministry of Revenue Act for the Minister of Finance to provide

collection services to the Ministry and to enforce the collection of the debt.

9 Subsection 69 (1) of the Act is

amended by adding the following clauses:

(e.1) governing the keeping of records

for the purposes of

section 14.1;

. . . . .

(j.1) for the purposes of

section

23.1, governing any aspect of the sale or transfer of a dog including, but not

limited to,

(

i) prohibiting sales and

transfers under certain circumstances,

(ii) governing the manner and

conditions of sale or transfer,

(iii) governing the return of a

dog that has been purchased or transferred and the refund of any payment,

(iv) prescribing measures to

protect the health, welfare and care of dogs that are sold or transferred,

(

v) prescribing measures to

protect the health, welfare and care of other animals that may be affected by a

sale or transfer,

(vi) prescribing measures to

protect the interests of purchasers and transferees,

(vii) governing requirements for

the identification of dogs before sale or transfer;

(j.2) prescribing circumstances that constitute

operating a puppy mill for the purposes of paragraph 9 of subsection 23.2 (2);

9 (1) Subsection 69 (1) of

the Act is amended by adding the following clause:

(e.1) governing the keeping of records

for the purposes of

section 14.1;

(2) Subsection 69 (1) of the

Act is amended by adding the following clause:

(j.1) for the purposes of

section

23.1, governing any aspect of the sale or transfer of a dog including, but not

limited to,

(

i) prohibiting sales and

transfers under certain circumstances,

(ii) governing the manner and

conditions of sale or transfer,

(iii) governing the return of a

dog that has been purchased or transferred and the refund of any payment,

(iv) prescribing measures to

protect the health, welfare and care of dogs that are sold or transferred,

(

v) prescribing measures to

protect the health, welfare and care of other animals that may be affected by a

sale or transfer,

(vi) prescribing measures to

protect the interests of purchasers and transferees,

(vii) governing requirements for

the identification of dogs before sale or transfer;

(3) Subsection 69 (1) of the

Act is amended by adding the following clause:

(j.2) prescribing circumstances that

constitute operating a puppy mill for the purposes of paragraph 9 of subsection

23.2 (2);

(4) Subsection 69 (1) of the

Act is amended by adding the following clause:

(j.3) prescribing actions for the

purposes of paragraph 4 of

section 23.3;

Commencement

(1) Except as otherwise

provided in this section, this Act comes into force on a day to be named by

proclamation of the Lieutenant Governor.

(2) Sections 6 and 8 come

into force on the later of the day subsection 8 (1) of

Schedule 6 to the Strengthening Safety and Modernizing Justice Act, 2023 comes

into force and the day this Act receives Royal Assent.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) Sections 2 and 3,

subsections 3.1 (2) to (7), 3.2 (2), 4 (2), 7 (1) and (2.1) and

section 9 come

into force on a day to be named by proclamation of the Lieutenant Governor.

(3) Sections 6 and 8 come

into force on the later of the day subsection 8 (1) of

Schedule 6 to the Strengthening Safety and Modernizing Justice Act, 2023 comes

into force and the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Preventing Unethical

Puppy Sales Act, 2024 .

Bill 159 Original (PDF)

EXPLANATORY

NOTE

The

Provincial Animal Welfare Services Act, 2019 is

amended. Among the changes are the following:

1. The

Lieutenant Governor in Council may make regulations governing record-keeping

with respect to dogs.

2. The

Lieutenant Governor in Council may make regulations prohibiting the sale or

transfer of dogs under certain circumstances.

3. The

operation of puppy mills is prohibited.

Bill 159 2023

Act to amend the Provincial Animal Welfare Services Act, 2019

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Subsection 1 (1) of the Provincial Animal Welfare Services

Act, 2019 is amended by adding the following definition:

“dog”

means any dog ( Canis lupus familiaris ) and includes

an animal which is a cross between a dog and another member of the Canis genus, including but not limited to a wolf ( Canis lupus ) or coyote ( Canis

latrans ); (“chien”)

The Act is amended by adding the following section:

Record

keeping

14.1 Every person who

satisfies such criteria as may be prescribed by the Lieutenant Governor in

Council shall, in accordance with the regulations, keep such records as may be

prescribed by the Lieutenant Governor in Council in respect of dogs.

The Act is amended by adding the following sections:

Prohibited Sale and

Transfer

Prohibition

against sale or transfer

23.1

(1) No

person shall sell or transfer a dog contrary to the regulations, if any, made

by the Lieutenant Governor in Council.

Definition,

“transfer”

(2) In

this section, and in the regulations made for the purposes of this section,

“transfer”

includes offer for transfer and expose for transfer, but does not include a

gift.

Prohibition of Puppy

Mills

Prohibition,

puppy mills

23.2

(1) No

person shall operate a puppy mill.

Operating

a puppy mill

(2) For

the purposes of this section, a person operates a puppy mill if the person

breeds dogs and does any of the following:

1. Breeding

a female dog more than three times in a two-year period, or breeding more than

two litters from a female dog’s consecutive heat cycles.

2. Breeding

a female dog that is less than 12 months old.

3. Breeding

a female dog for the first time before its second heat.

4. Breeding

a parent dog with any dog in one of their litters.

5. Breeding

dogs that are siblings from the same parent dog.

6. Failing

to isolate a dog from other dogs or animals, including failing to ensure there

is no contact with objects, including food and water containers, that are used

by other dogs or animals, where there are reasonable grounds to believe that

the dog is suffering from a contagious disease or is at high risk of developing

a contagious disease, except,

i. where

a veterinarian has advised, in writing, that the isolation is unnecessary, or

ii. under

circumstances prescribed by the Lieutenant Governor in Council.

7. Failing

to ensure that each dog’s environment is,

i. kept

sufficiently clean as to ensure that the dog is not required to stand, sit or

lie down in excrement, urine, mud or water, and

ii cleaned

as frequently as necessary, using cleaning products that do not pose a risk to

the dog, to prevent an accumulation of excrement, urine or other waste that

would pose a risk to the dog’s health, to maintain a sanitary environment, to minimize

the presence of parasites and to ensure the health of the dog.

8. Separating

a puppy from its mother or substitute mother before the age of 56 days, except

as otherwise recommended by a veterinarian in writing for health reasons.

9. Doing

anything that is prescribed by the Lieutenant Governor in Council for the

purposes of this provision.

Separate

offences

(3) Each

contravention of a paragraph of subsection (2) is deemed to constitute a

separate offence of operating a puppy mill.

Subsection 24 (1) of the Act is amended by adding the following clause:

(a.1) a

prohibition under

section 23.1 or 23.2;

Subsection 27 (1) of the Act is repealed and the following substituted:

Power

to make reasonable inquiries

(1) An

animal welfare inspector may, for any purpose described in subsection 24 (1),

demand that the owner or custodian of the animal respond to reasonable

inquiries.

(1) Subsection 35 (2.1) of the Act is amended by striking out

“subsections 38 (1), (2) and (5)” at the end and substituting “subsections 35

(4) to (8) and 38 (1), (2) and (5)”.

(2) Subsection

35 (6) of the Act is amended by striking out “(4) (a)” and substituting “(4)

(

a) or (b)” and by adding “including by taking one or more of the measures

described in

section 11.1.1, 11.1.2 or 11.1.4 of the Ministry

of Revenue Act ” at the end.

(1) Clause 49 (1) (

a) of the Act is amended by adding the following subclause:

(i.1)

section

14.1 (Record keeping),

(2) Subsection

49 (2) of the Act is amended by striking out “or” at the end of clause (

e) and

by adding the following clauses:

(

g) section

23.1 (Prohibition against sale or transfer); or

(

h) section

23.2 (Prohibition, puppy mills).

(3) Section

49 of the Act is amended by adding the following subsections:

Minimum

penalties, s. 23.2 (1)

(7.1) Subject

to subsection (7.2), the minimum penalty for operating a puppy mill contrary to

subsection 23.2 (1) is $10,000.

Same

(7.2) The

offence set out in subsection (7.1) has a minimum penalty of $25,000 if the conduct

or omission in respect of the offence resulted in either of the following:

1. The

death of a dog.

2. The

euthanization of a dog after a veterinarian determines it is the most humane

course of action.

Section 53 of the Act is amended by adding “including by taking one or more of

the measures described in

section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act ” at the end.

Subsection 69 (1) of the Act is amended by adding the following clauses:

(e.1) governing

the keeping of records for the purposes of

section 14.1;

. . . .

(j.1) for

the purposes of

section 23.1, governing any aspect of the sale or transfer of a

dog including, but not limited to,

(

i) prohibiting

sales and transfers under certain circumstances,

(ii) governing

the manner and conditions of sale or transfer,

(iii) governing

the return of a dog that has been purchased or transferred and the refund of any

payment,

(iv) prescribing

measures to protect the health, welfare and care of dogs that are sold or transferred,

(

v) prescribing

measures to protect the health, welfare and care of other animals that may be

affected by a sale or transfer,

(vi) prescribing

measures to protect the interests of purchasers and transferees,

(vii) governing

requirements for the identification of dogs before sale or transfer;

(j.2) prescribing

circumstances that constitute operating a puppy mill for the purposes of

paragraph 9 of subsection 23.2 (2);

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on a day to be named by proclamation of the Lieutenant Governor.

(2) Sections

6 and 8 come into force on the later of the day subsection 8 (1) of

Schedule 6 to

the Strengthening Safety and Modernizing Justice Act, 2023

comes into force and the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Preventing Unethical

Puppy Sales Act, 2023 .

Date Bill stage Event Outcome Committee

June 6, 2024

Royal Assent

Royal Assent received

June 5, 2024

Third Reading

Vote

Carried

June 5, 2024

Third Reading

Question put

June 5, 2024

Third Reading

Debated

June 4, 2024

Third Reading

Debated

Debate adjourned

May 29, 2024

Second Reading

Ordered for Third Reading

May 29, 2024

Second Reading

Report adopted

May 29, 2024

Second Reading

Reported as amended

Standing Committee on Justice Policy

May 29, 2024

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

May 9, 2024

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

May 8, 2024

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

April 18, 2024

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

April 18, 2024

Second Reading

Vote

Carried

April 18, 2024

Second Reading

Question put

April 18, 2024

Second Reading

Debated

April 17, 2024

Second Reading

Debated

Debate adjourned

December 4, 2023

First Reading

Ordered for Second Reading

December 4, 2023

First Reading

Vote

Carried

First Reading

December 4, 2023

Carried

Ordered for Second Reading

Second Reading

April 17, 2024

Principal Debaters

Hogarth, Christine

Etobicoke—Lakeshore

Kerzner, Hon. Michael

York Centre

McGregor, Graham

Brampton North

Questions and Responses

Pang, Billy

Markham—Unionville

Sattler, Peggy

London West

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Smith, David

Scarborough Centre

Tabuns, Peter

Toronto—Danforth

April 18, 2024

Principal Debaters

Dixon, Jess

Kitchener South—Hespeler

Flack, Hon. Rob

Elgin—Middlesex—London

Fraser, John

Ottawa South

Kernaghan, Terence

London North Centre

Kusendova-Bashta, Natalia

Mississauga Centre

Mamakwa, Sol

Kiiwetinoong

Shamji, Adil

Don Valley East

Vaugeois, Lise

Thunder Bay—Superior North

Wong-Tam, Kristyn

Toronto Centre

Questions and Responses

Anand, Deepak

Mississauga—Malton

Babikian, Aris

Scarborough—Agincourt

Bell, Jessica

University—Rosedale

Bresee, Ric

Hastings—Lennox and Addington

Burch, Jeff

Niagara Centre

Cuzzetto, Rudy

Mississauga—Lakeshore

Fife, Catherine

Waterloo

Jordan, John

Lanark—Frontenac—Kingston

Pierre, Natalie

Burlington

Rae, Matthew

Perth—Wellington

Rakocevic, Tom

Humber River—Black Creek

Sattler, Peggy

London West

Saunderson, Brian

Simcoe—Grey

Smith, Hon. Graydon

Parry Sound—Muskoka

Tabuns, Peter

Toronto—Danforth

Wai, Daisy

Richmond Hill

Williams, Hon. Charmaine

Brampton Centre

April 18, 2024

Question put

April 18, 2024

Carried

Ordered referred to Standing Committee

Standing Committee on Justice Policy

May 8, 2024

Consideration of a Bill

Standing Committee on Justice Policy

May 9, 2024

Consideration of a Bill

Standing Committee on Justice Policy

May 29, 2024

Consideration of a Bill

Standing Committee on Justice Policy

May 29, 2024

Reported as amended

Standing Committee on Justice Policy

Report adopted

Ordered for Third Reading

Third Reading

June 4, 2024

Principal Debaters

Hogarth, Christine

Etobicoke—Lakeshore

Kerzner, Hon. Michael

York Centre

McGregor, Graham

Brampton North

Questions and Responses

Bourgouin, Guy

Mushkegowuk—James Bay

Coe, Lorne

Whitby

Glover, Chris

Spadina—Fort York

MacLeod, Lisa

Nepean

Tabuns, Peter

Toronto—Danforth

June 5, 2024

Principal Debaters

Schreiner, Mike

Guelph

Stevens, Jennifer (Jennie)

St. Catharines

Question put

Carried

Royal Assent

June 6, 2024

Royal Assent received