OSPCA Fairness Act, 2013 MacLaren, Jack — Bill 89 (40th Parliament, 2nd Session)

Bill 89, 40-2

Ontario — Bills

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Bill 89, OSPCA Fairness Act, 2013

MacLaren, Jack

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[40] Bill 89 Original (PDF)

Bill 89 2013

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:

Section

15 of the Ontario Society for the Prevention of Cruelty to

Animals Act is repealed and the following substituted:

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.

Date Bill stage Activity Committee

June 5, 2013

First Reading

Carried

Debates and Progress

First Reading

June 5, 2013

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 89

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Ontario Society for the Prevention of Cruelty to Animals Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 89, 40-2
Type	bill
Volume / chapter	p40 s2 bill 89 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9494d75c60763817a697225ab0cacb7b0b1305f8

Source file is stored in the law ingest library (html).