Security from Trespass and Protecting Food Safety Act, 2020

Bills that amended this Act0

No published amendment links yet for this Act.

Sections29

• [s0]

  Purposes, Definitions and Application

• 1Purposes

  1 The purposes of this Act are to prohibit trespassing on farms and other properties on which farm animals are located and to prohibit other interferences with farm animals in order to, (a) eliminate or reduce the unique risks that are created when individuals trespass on those properties or interfere with farm animals, including the risk of exposing farm animals to disease and stress as well as the risk of introducing contaminants into the food supply; (b) protect farm animals and the food supply chain from the risks described in clause (a); (c) protect the safety of farmers, their families and persons working in or on farms, animal processing facilities and prescribed premises as well as the safety of drivers of motor vehicles transporting farm animals; and (d) prevent any adverse effects the risks described in clause (a) may have on Ontario’s overall economy.

• 2Definitions

  2 In this Act, “animal processing facility” means a prescribed facility at which farm animals are processed in a prescribed manner; (“installation de transformation d’animaux”) “animal protection zone”, with respect to a farm, animal processing facility or prescribed premises, means an area on the farm, facility or premises on which farm animals may be kept or located and that is, (a) an enclosure for farm animals, whether or not it is marked as an animal protection zone, (b) an area that meets prescribed requirements and is marked as an animal protection zone by the owner or occupier using signs in accordance with the regulations, or (c) an area prescribed by the regulations as an animal protection zone for the purposes of this Act; (“zone de protection des animaux”) “farm animal” means an animal that is raised, bred or kept on farms and is prescribed by the regulations; (“animal d’élev…

• 3Application

  3 This Act applies to all farms, animal processing facilities and prescribed premises at which farm animals are kept except those farms, animal processing facilities and prescribed premises that are exempted from the Act by the regulations.

• 4Existing aboriginal or treaty rights

  4 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

• [s5]

  Protecting Farm Animals from Trespass and Interference Prohibitions re trespass, etc.

• 5Animal farms

  5 (1) No person shall enter in or on an animal protection zone on a farm without the prior consent of the owner or occupier of the farm. Processing facilities (2) No person shall enter in or on an animal protection zone on an animal processing facility without the prior consent of the owner or occupier of the facility. Other animal premises (3) No person shall enter in or on an animal protection zone on prescribed premises without the prior consent of the owner or occupier of the premises. No interaction with farm animals (4) No person shall interfere or interact with a farm animal in or on an animal protection zone on a farm, animal processing facility or prescribed premises, or carry out a prescribed activity in or on the animal protection zone, without the prior consent of the owner or occupier of the farm, facility or premises. No implied consent (5) For the purposes of subsections (…

• 6Prohibition re transportation of farm animals

  6 (1) No person shall stop, hinder, obstruct or otherwise interfere with a motor vehicle transporting farm animals. No interaction with farm animals (2) No person shall interfere or interact with a farm animal being transported by a motor vehicle without the prior consent of the driver of the motor vehicle. No implied consent (3) For the purposes of subsection (2), prior consent of the driver of a motor vehicle transporting farm animals shall not be inferred by a person seeking to interfere or interact with a farm animal being transported solely on the basis that the driver has not specifically prohibited the person from doing so. Consent under duress, false pretences (4) For the purposes of subsection (2), consent to interfering or interacting with a farm animal is invalid if it is obtained from the driver of the motor vehicle transporting the farm animal using duress or under false pre…

• 7Exceptions, prohibitions

  7 The prohibitions in sections 5 and 6 do not apply to, (a) a police officer, provincial officer or person employed to serve or execute a civil process, including a sheriff, deputy sheriff, sheriff’s officer and a bailiff of the Small Claims Court, if the person is acting in the course of their duties; (b) a firefighter, ambulance attendant, paramedic or other emergency personnel prescribed by the regulations if the person is acting in the course of their duties; (c) a person who is authorized, appointed or designated to exercise a power or carry out a duty, and who is acting in the course of exercising the power or carrying out the duty, under, (i) the Municipal Act, 2001, (ii) the City of Toronto Act, 2006, (iii) the Provincial Animal Welfare Services Act, 2019, (iv) the Animal Health Act, 2009, or (v) any other Act of Ontario or of Canada; (d) a person who is authorized to exercise a …

• 8Responses by owner, occupier

  8 (1) The owner or occupier of a farm, animal processing facility or prescribed premises who finds a person in or on an animal protection zone on the farm, facility or premises, in contravention of subsection 5 (1), (2) or (3), or doing anything in contravention of subsection 5 (4) or (7) may, while the person is still located on the farm, facility or premises, (a) request that the person provide his or her name and address; (b) if the person is doing anything in contravention of subsection 5 (4) or (7), request that the person cease doing so; (c) request that the person leave the premises; or (d) arrest the person without a warrant. Same, Trespass to Property Act (2) For greater certainty, nothing in clause (1) (d) shall be construed as giving an owner or occupier a right or ability to make an arrest that is beyond, or otherwise greater than, what subsection 9 (1) of the Trespass to Pro…

• 9Responses by driver

  9 (1) The driver of a motor vehicle transporting farm animals whose vehicle is stopped, hindered, obstructed or otherwise interfered with in contravention of subsection 6 (1) or who finds a person interfering or interacting with a farm animal being transported by the motor vehicle in contravention of subsection 6 (2) may, (a) request that the person cease stopping, hindering, obstructing or otherwise interfering with the motor vehicle; or (b) request that the person cease interfering or interacting with the farm animal. Compliance with request (2) A person who receives a request under clause (1) (a) or (b) shall promptly comply with the request. Requests by other person (3) A request under clause (1) (a) or (b) may be made by a person authorized by the driver to do so on his or her behalf.

• 10Reasonable force

  10 The owner or occupier of a farm, animal processing facility or prescribed premises, or any other person who carries out an arrest under section 8, may use only such force as is necessary and reasonable in the circumstances to carry out the arrest.

• 11Delivery of arrested person to police

  11 (1) Where a person is arrested under section 8, the owner or occupier of the farm, animal processing facility or prescribed premises, or such other person who made the arrest, shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer. Deemed arrest (2) A police officer who receives custody of a person under subsection (1) shall be deemed to have arrested the person for the purposes of the provisions relating to the release, continued detention and bail of an arrested person under the Provincial Offences Act.

• 12Prohibition, interference

  12 No person shall or shall attempt to stop, hinder, obstruct or otherwise interfere with, (a) the arrest of a person under section 8; or (b) the delivery of an arrested person to a police officer under subsection 11 (1).

• 13Arrest by police officers without warrant

  13 (1) A police officer may arrest without a warrant, (a) any person found in or on an animal protection zone of a farm, animal processing facility or prescribed premises, or any person found interfering or interacting with a farm animal or carrying out a prescribed activity in or on the animal protection zone, if the police officer believes on reasonable and probable grounds that the person is contravening subsection 5 (1), (2), (3), (4) or (7); (b) any person that stops, hinders, obstructs or otherwise interferes with a motor vehicle transporting farm animals contrary to subsection 6 (1); or (c) any person found interfering or interacting with a farm animal being transported by a motor vehicle contrary to subsection 6 (2). Arrest of person who leaves the scene (2) A police officer may arrest a person without a warrant if the police officer believes on reasonable and probable grounds th…

• [s15]

  Offences and Penalties

• 14Offences

  14 (1) Every person who contravenes any of the following provisions is guilty of an offence: 1. Subsection 5 (1), (2), (3) or (4). 2. Subsection 5 (7). 3. Subsection 6 (1) or (2). 4. Subsection 8 (3) or (4). 5. Subsection 9 (2). 6. Section 12. Consent under duress, false pretences (2) Any person who uses duress or false pretences in the prescribed circumstances or for the prescribed reasons to obtain the consent of the owner or occupier of a farm, animal processing facility or prescribed premises or the driver of a motor vehicle transporting farm animals, to do anything that would otherwise be prohibited under subsection 5 (1), (2), (3) or (4) or 6 (2) is guilty of an offence. Onus of proof (3) In the prosecution of an offence under subsection 5 (1), (2), (3) or (4) or 6 (2), (a) the consent of the owner or occupier of the farm, animal processing facility or prescribed premises or the co…

• 15Penalties

  15 (1) A person who is found guilty of an offence under subsection 14 (1) is liable on conviction to a fine of, (a) for a first offence, not more than $15,000; and (b) for any subsequent offence, not more than $25,000. Increased penalties (2) If a person is found guilty of an offence as a result of a contravention of subsection 5 (1), (2), (3), (4) or (7) or 6 (1) or (2) and the court finds that the offence was committed in prescribed circumstances that resulted in an increase to the gravity of the offence, the amount of the penalty may be increased in accordance with the regulations. Decision not to increase (3) If a court determines that the amount of a penalty should not be increased despite the existence of prescribed circumstances mentioned in subsection (2), the court shall include the reasons for this determination in its decision.

• 16Restitution for damages

  16 (1) If a person is found guilty of an offence as a result of a contravention of subsection 5 (1), (2), (3), (4) or (7) or 6 (1) or (2), the court may make a restitution order requiring the person found guilty of the offence to pay damages to an owner or occupier of a farm, animal processing facility or prescribed premises or to a driver of a motor vehicle transporting farm animals for any injury, loss or damage suffered by the owner, occupier or driver during or as a result of the commission of the offence, including losses or damages resulting from a disease contracted by farm animals as a result of the commission of the offence. Restitution order (2) A court shall make a restitution order under subsection (1) only if, (a) the restitution order is requested by the prosecutor; (b) the person who suffered the injury, loss or damage consents to the order being made; and (c) the injury, …

• 17Costs of prosecution

  17 Despite section 60 of the Provincial Offences Act, if a person is found guilty of an offence under this Act in a prosecution conducted by a private prosecutor, the court shall make a restitution order requiring the person found guilty of the offence to pay to the prosecutor any costs actually and reasonably incurred in conducting the prosecution.

• 18Fines with restitution

  18 A restitution order under section 16 or 17 may be made in addition to any fine imposed under section 15.

• 19Enforcement of restitution order

  19 A restitution order made under section 16 or 17 may be filed in a court of competent jurisdiction and, on filing, shall be deemed to be a judgement or order of that court for purposes of enforcement.

• [s22]

  General

• 20Limited liability

  20 (1) If a person enters in or on an animal protection zone on a farm, animal processing facility or prescribed premises in contravention of this Act, interferes or interacts with a farm animal or carries out a prescribed activity in or on the animal protection zone in contravention of this Act, the owner or occupier of the farm, facility or premises shall not be liable for any injury, loss or damages suffered by that person unless, (a) the owner or occupier created a danger with the deliberate intent of doing harm or damage to the person; or (b) the injury, loss or damages were caused by actions taken by the owner or occupier with wilful or reckless disregard for the presence of the person. Same, transportation of farm animals (2) If a person contravenes this Act by stopping, hindering, obstructing or otherwise interfering with a motor vehicle transporting farm animals or by interferin…

• 21Limitation on proceedings

  21 (1) No proceeding shall be commenced for an offence under this Act on a day that is more than two years after, (a) the day on which the offence was committed; or (b) subject to subsection (2), the day on which evidence of the offence first came to the attention of a police officer. Same (2) In the case of an offence under this Act committed before the day this section comes into force, a proceeding for the offence shall be commenced no later than two years after the day on which the offence was committed.

• 22Common law rights not affected

  22 Nothing in this Act limits or affects any rights or remedies the owner or occupier of a farm, animal processing facility or prescribed premises may have at common law.

• 23Regulations

  23 The Minister may make regulations governing anything necessary or advisable for the effective administration and enforcement of this Act including, (a) prescribing animal processing facilities for the purposes of this Act; (b) governing animal protection zones to which this Act applies, determining the areas on a farm, animal processing facility or prescribed premises that may be marked using signs as an animal protection zone by the owner or occupier of the farm, facility or premises, respecting the manner in which such animal protection zones may be marked and prescribing areas on a farm, animal processing facility or prescribed premises as animal protection zones for the purposes of this Act; (c) prescribing farm animals for the purposes of this Act and specifying animals that are not farm animals for the purposes of this Act; (d) prescribing persons who are occupiers for the purpo…

• 24

  24 Omitted (provides for coming into force of provisions of this Act).

• 25

  25 Omitted (enacts short title of this Act). ______________