Puppy Mill Ban and Animal Cruelty Prevention Act, 2001 Colle, Mike — Bill 100 (37th Parliament, 2nd Session)

Bill 100, 37-2

Ontario — Bills

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Bill 100, Puppy Mill Ban and Animal Cruelty Prevention Act, 2001

Colle, Mike

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[37] Bill 100 Original (PDF)

Bill 100 2001

An Act to ban puppy mills and other

cruel animal-breeding activities

and to protect animals bred

for commercial sale from abuse

by amending the Ontario Society

for the Prevention of

Cruelty to Animals Act

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

definition:

"chief executive" means the chief executive officer of the Society;

("directeur")

Section 8 of the Act is amended by striking out

"and" at the end of clause (

d) and by adding the following

clause:

(d.1) may require the payment of fees in connection with licences under

this Act and establish the amounts of such fees; and

. . . . .

Section 12 of the Act, as amended by the Statutes of

Ontario, 1997,

chapter 39,

section 11, is further amended by adding the

following subsections:

Same

(2.1) For the purposes of ensuring that this Act and the

regulations are being complied with, an inspector or agent of the Society

may, without a warrant,

(

a) enter any premises, building or place, other than a dwelling, where

any aspect of the business of breeding animals for sale is being carried on,

either alone or accompanied by a veterinarian; and

(

b) require the production or furnishing by the owner or custodian of any

books, records or documents, or of extracts from them, of persons licensed

under this Act relating to the business of breeding animals.

Production of records, etc.

(2.2) Where an inspector or agent requires the production or

furnishing of books, records, documents or extracts from them, the person

having custody of them shall produce or furnish them to the inspector or

agent who may detain them for the purpose of making copies and thereafter

return them to the person who produced or furnished them.

Certification of copy

(2.3) Where a copy of a book, record, document or extract is

made under subsection (2.2) and is certified by a person authorized to do so,

it is admissible in evidence and has the same probative force as the original

document would have had if it had been proven in the ordinary way.

4. The Act is amended by adding the following

sections:

Cease and desist order

13.1

(1) Where, in carrying out his

or her duties under this Act, an inspector or agent of the Society becomes

aware or has reasonable grounds for believing that an animal is in distress

or in immediate danger of being in distress in any place where the breeding

of animals for sale is carried on, the inspector or agent may order the owner

or custodian or, if the owner or custodian is not present, any other person

present in the place to immediately cease all of the activities relating to

such breeding and all other activities causing or contributing to the

distress of an animal.

Form of order

(2) The order under subsection (1) may be made orally or in

writing, may be made without prior notice and is effective immediately.

Timeliness of written order

(3) An order under subsection (1) that is given orally shall be

provided in writing as soon as practicable in the circumstances and in no

case later than seven days after the oral order is given.

Immediate suspension of licence

(4) The inspector or agent who makes the order shall

immediately inform the chief executive of having done so and, where the order

relates to a business for which a licence has been issued, the chief

executive shall immediately suspend the licence holder's licence under

subsection 22 (2).

. . . . .

Obstruction

14.1 No person shall hinder or obstruct an

inspector or agent of the Society in the course of his or her duties or

furnish the inspector or agent with false information, or refuse to furnish

him or her with information.

5. Subsection 18 (1) of the Act is amended by striking

out "Ontario Court (General Division)" and substituting "Superior Court of

Justice".

6. The Act is amended by adding the following

sections:

Licensing

(1) No person shall engage in

the business of breeding animals for sale, whether directly or indirectly,

without a licence to do so from the chief executive.

Conditions of licence

(2) A licence is subject to the conditions that the holder of

the licence,

(

a) treat the animals that are being bred and all other animals on the

premises where the business of breeding animals is being carried on in a

humane way, without cruelty or abuse, in accordance with the regulations;

(

b) maintain in good sanitary condition all premises, buildings, equipment

and other things used in the business of breeding animals;

(

c) give, in accordance with subsection 12 (2.1), an inspector or agent of

the Society access to the premises where the business of breeding animals is

being carried on, for the purpose of ensuring that this Act and the

regulations are being complied with; and

(

d) comply with this Act and the regulations and any other conditions that

are imposed by the regulations.

Where licence not necessary

(3) It is not necessary to hold a licence under this Act to

engage in the business of breeding animals for agricultural purposes.

Licence, issuing

(1) The chief executive shall

issue a licence to a person who makes an application therefore in accordance

with this Act and the regulations and pays the required fee unless, after a

hearing, the chief executive is of the opinion that,

(

a) the applicant or, where the applicant is a corporation, its officers

or directors are not competent to carry on the business that would be

authorized by the licence;

(

b) the past conduct of the applicant or, where the applicant is a

corporation, of its officers or directors affords reasonable grounds for

belief that the business that would be authorized by the licence will not be

carried on in accordance with law;

(

c) the applicant does not possess or will not have available all

premises, facilities and equipment necessary to carry on the business

authorized by the licence in accordance with this Act and the regulations;

(

d) the applicant is not in a position to observe or carry out the

provisions of this Act and the regulations.

Past convictions

(2) The chief executive shall not issue a licence to an

applicant or, where the applicant is a corporation, to any officer or

director of the corporation who has been convicted of an offence under

subsection 31 (1) (animal cruelty) or (2) (operating business of breeding

animals for sale without a licence).

Duration of licence

(3) A licence issued under this

section expires three years

after its date of issue.

Renewal

(4) Subject to

section 22, the chief executive shall renew a

licence on application therefore by the licensee in accordance with this Act

and the regulations and payment of the required fee.

Refusal to renew, suspension or cancellation

(1) The chief executive may

refuse to renew or may suspend or revoke a licence if, after a hearing, he or

she is of the opinion that,

(

a) the premises, facilities and equipment used in the business carried on

pursuant to the licence do not comply with this Act and the regulations;

(

b) the licensee or, where the licensee is a corporation, any officer,

director or employee of the corporation has contravened or has permitted any

person under the licensee's control or direction in connection with the

business carried on pursuant to the licence to contravene this Act or the

regulations or of any other Act or the regulations thereunder or of any law

applying to the carrying on of such business or the conditions for licensing;

(

c) any other ground for refusal to renew, suspension or revocation

specified in the regulations exists.

Provisional suspension, etc.

(2) Despite subsection (1), the chief executive, by notice to a

licensee and without a hearing, may provisionally refuse to renew or suspend

the licensee's licence where, in the chief executive's opinion, it is

necessary to do so for the immediate prevention of cruelty to an animal or

the protection or relief of any animal from cruelty or any other act

constituting abuse under the regulations and the chief executive so states in

such notice giving reasons therefore, and thereafter the chief executive

shall hold a hearing to determine whether renewal of the licence should be

refused or whether the licence should be further suspended or revoked under

this Act and the regulations.

Continuation of licence pending renewal

(3) Subject to subsection (2), where, within the time

prescribed therefore or, if no time is prescribed, before expiry of a

licence, the licensee has applied for renewal of the licence and has paid the

required fee and observed or carried out the provisions of this Act and the

regulations, the existing licence shall be deemed to continue until the

licensee has received the decision of the chief executive on the application

for renewal.

Notice of hearing

(1) The notice of a hearing

given by the chief executive under

section 21 or 22 shall afford to the

applicant or licensee a reasonable opportunity to show or to achieve

compliance before the hearing with all lawful requirements for the issue or

retention of the licence.

Examination of documentary evidence

(2) An applicant or licensee who is a party to proceedings in

which the chief executive holds a hearing shall be afforded an opportunity to

examine before the hearing any written or documentary evidence that will be

produced or any report the contents of which will be given in evidence at the

hearing.

Variation of decision by chief executive

24. Where the chief executive has refused to

issue or renew or has suspended or revoked a licence pursuant to a hearing,

the chief executive may, at any time of his or her own motion or on the

motion of the person who was the applicant or licensee, vary or rescind his

or her decision, but the chief executive shall not vary or rescind a decision

adversely to the interests of any person without holding a rehearing to which

such person is a party and may make such decision pursuant to such rehearing

as he or she considers proper under this Act and the regulations.

Appeal to Board

(1) Where the chief executive

refuses to issue or renew or suspends or revokes a licence, the applicant or

licensee may appeal to the Board by written notice delivered to the chief

executive and filed with the Board within 15 days after receipt of the chief

executive's decision.

Extension of time for appeal

(2) The Board may extend the time for the giving of notice by

an applicant or licensee under subsection (1), either before or after

expiration of such time, where it is satisfied that there are apparent

grounds for appeal and that there are reasonable grounds for applying for the

extension.

Disposal of appeal

(3) Where an applicant or licensee appeals to the Board under

this section, the Board shall hear the appeal by way of a new hearing to

determine whether the licence should be issued, renewed, suspended or revoked

and may, after the hearing, confirm or alter the decision of the chief

executive or direct him or her to do any act he or she is authorized to do

under this Act and as the Board considers proper and, for such purpose, the

Board may substitute its opinion for that of the chief executive.

Effect of decision pending disposal of appeal

(4) If an applicant or licensee has appealed under this

section

from a decision of the chief executive, unless the chief executive otherwise

directs, the chief executive's decision is effective until the appeal is

disposed of.

Parties

(1) The chief ex

Document details

Collection	Ontario — Bills
Citation	Bill 100, 37-2
Type	bill
Volume / chapter	p37 s2 bill 100 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	fb7b1d666fd49f275e540d19a70ff60ed9da61ff

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