ARTICLE · 04 NOVEMBER 2019

Ontario Proposes New Animal Welfare Bill to Replace OSPCA Act

Affleck Greene McMurtry LLP

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The Ontario Government is currently considering Bill 136: An Act to enact the Provincial Animal Welfare Services Act, 2019 and make consequential amendments with respect to animal protection.

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Karen Bernofsky

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The Ontario Government is currently considering Bill 136: An Act to enact the Provincial Animal Welfare Services Act, 2019 and make consequential amendments with respect to animal protection (the "Bill").

Early in 2019, a Superior Court Judge found that the previous animal welfare legislation, the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36 (the "Act"), violated the Canadian Charter of Rights and Freedoms, because it effectively deputized the OSPCA, a private not for profit organization, into a policing role. While the decision was being appealed, the OSPCA announced that it would no longer enforce the Act, citing concerns over lack of support and the safety of its officers attending properties alone as part of its investigations.

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