Elephant Protection Act, 2012 Berardinetti, Lorenzo — Bill 69 (40th Parliament, 1st Session)

Bill 69, 40-1

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Bill 69, Elephant Protection Act, 2012

Berardinetti, Lorenzo

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[40] Bill 69 Original (PDF)

Bill 69 2012

Act to amend the Ontario Society for the Prevention of Cruelty to Animals Act

to protect elephants

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.

Preamble

When

elephants are required to perform in animal shows and performances, including in

circus shows, some elephant handlers still employ abusive and outdated disciplinary

tools. These tools are designed to cause the animals pain and to invoke fear.

The elephants may also be routinely restrained for substantial periods of time,

often by chaining their legs. This restricts their ability to move to one or

two steps.

These

kinds of elephant handling practices, and the devices employed, are based on a

traditional system developed hundreds of years ago. At the time, it was common

to dominate an elephant by breaking its spirit to make it more compliant and therefore

easier to train for performance purposes, as well as for husbandry convenience.

Modern,

progressive zoos around the world have stopped using fear or dominance-based training

of elephants in favour of safer, more humane systems, such as protected contact

management systems. Such systems reward elephants for good behaviours, rather

than disciplining them for unwanted behaviours. The elephants are not

restrained for substantial periods of time and are only restrained using specially

designed barriers.

Proponents

of fear or dominance-based elephant training claim that the devices they use,

such as bullhooks, are only supposed to be used as guides and that they are

necessary and not damaging to elephants. They also claim that restraints such

as chains are acceptable and do not negatively impact an elephant's health or welfare.

Cruel

and abusive elephant training methods often result in life-long injuries to the

elephants and there is also a high risk to human handlers. There have been incidents

in which elephants have escaped from their handlers in a rampage, damaging

property and attacking people, causing injury and even death. The Association

of Zoos and Aquariums (AZA) recently issued a directive requiring all of their

accredited member facilities with elephants to switch to protected contact

management systems by September 1, 2014.

Therefore,

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

the Province of Ontario, enacts as follows:

Section

1 of the Ontario Society for the Prevention of Cruelty to

Animals Act is amended by adding the following subsections:

Distress,

elephants

(1.1) For the purposes of the definition of "distress" in

subsection (1) as it relates to elephants, abuse includes the following except

in the prescribed circumstances or conditions:

1. The

use of an electric prod, a bullhook, an ankus, a pole or a similar implement or

device to shock, poke, strike, hit, stab, pierce or pinch the skin of an

elephant.

2. The

use of a chain, rope or similar device to restrain an elephant.

Same,

exceptions

(1.2) Paragraph 2 of subsection (1.1) does not apply if

the purpose of the restraint is to allow an elephant to be physically examined

or treated or to load or unload an elephant onto or off of a vehicle.

2. Subsection

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

(b.1) prescribing

circumstances and conditions for the purposes of subsection 1 (1.1);

Commencement

3. This

Act comes into force six months after the day it receives Royal Assent.

Short

title

4. The

short title of this Act is the Elephant Protection Act,

2012 .

EXPLANATORY

NOTE

The

Bill amends the Ontario Society for the Prevention of

Cruelty to Animals Act . The amendments prohibit the use of an electric

prod, a bullhook, an ankus, a pole or a similar implement or device on an

elephant. The amendments also prohibit the use of a chain, rope or similar

device to restrain an elephant. These prohibitions are subject to certain

exceptions.

Date Bill stage Activity Committee

May 3, 2012

Ordered referred to Standing Committee

Standing Committee on Justice Policy

May 3, 2012

Second Reading

Carried

May 3, 2012

Second Reading

Debate

April 18, 2012

First Reading

Carried

Debates and Progress

First Reading

April 18, 2012

Committee

Second Reading

May 3, 2012

Mr. Lorenzo Berardinetti, Mr. John Yakabuski, Ms. Cheri DiNovo, Mr. Grant Crack, Ms. Dipika Damerla, Mr. John O’Toole, Mr. Rob E. Milligan, Mr. John Vanthof

May 3, 2012

Declared carried. Referred to the Standing Committee on Justice Policy.

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent

Acts affected - Bill 69

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 69, 40-1
Type	bill
Volume / chapter	p40 s1 bill 69 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b64ba49db1305344d03c38ff7ffca65249412ff6

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