New Animal Welfare Act touted as Canada's toughest

Wednesday, March 4, 2009

© AgMedia Inc.

by TREENA HEIN

The recommendations of farm groups such as Ontario Federation of Agriculture and Ontario Farm Animal Council were ignored in developing Ontario’s new Provincial Animal Welfare Act, which took effect on Sunday (Mar. 1).

Peter Jeffrey, OFA Senior Policy Researcher, says the federation had some serious concerns about the way the Act was worded, and had recommended changes, “but none of them were incorporated.” These concerns include the absence of a system of oversight and accountability for the Ontario Society for Prevention of Cruelty to Animals (OSPCA), which is the enforcement body for the Act.

“There is no reporting back to the legislature or the Minister,” he says. “They don’t have to report their activities to anyone.”

The federation also considers the dual nature of the OSPCA problematic. As a provincial body and through its local chapters, OSPCA serves as the enforcer for animal welfare protection while also existing as a charitable organization. “The line is blurred,” Jeffrey notes. “A story on a raid regularly gets turned into a plea for money to care for the animals involved in the raid.”

One of the Act’s key elements is the establishment of “standards of care” for all animals and the introduction of penalties for causing harm to an animal. In addition, there are new offences for causing or permitting distress to an animal.
 
New penalties include jail terms of up to two years, fines of up to $60,000 and a potential lifetime ownership ban.

This concerns Jeffrey because the knowledge base of OSPCA enforcement officers with regard to livestock health and agricultural practices may not be adequate in some cases. “Certain breeds appear less healthy than others, but are in fact perfectly healthy for their breed,” he says. “The ‘standard of care’ provision is open to interpretation.”

The Act also authorizes the OSPCA with the ability to inspect sites where animals are kept for entertainment, exhibition, boarding, sale or hire, and requires veterinarians to report suspected abuse/neglect while protecting them from liability for doing so.

This farm entry aspect concerns Jeffrey because “they have the power to enter without a warrant and are paying lipservice to biosecurity concerns.” 

The new Act amends the OSPCA Act, and consists of the most significant changes to animal welfare legislation in Ontario since 1919.

In a news release earlier this week, the provincial government called the Act the “strongest animal protection law in Canada.” BF