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OntarioDid not become law (session ended)40th Parliament, 1st Session

Bill 37 explained in plain English

Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
40th Parliament, 1st Session
Bill number
Bill 37
Full title
Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012
Current status
Did not become law (session ended)
Latest event
Carried
Last updated
Feb 23, 2012

Official Legislative Assembly of Ontario snapshot for 40th Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Carried
Latest Activity
Feb 23, 2012
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill 37 amends the Ontario Society for the Prevention of Cruelty to Animals Act by establishing new rules for animal custody, ownership, and sale, while repealing various existing provisions and regulations.

What It Means

Bill 37, also known as the Ontario Society for the Prevention of Cruelty to Animals Amendment Act, 2012, makes significant changes to how animals are handled when taken into custody by the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) or affiliated societies. It introduces new rules about when the society is considered the owner of an animal, especially if the original owner or custodian cannot be found. It also outlines procedures for returning animals, selling them if the society becomes the owner, and distributing the proceeds from such sales. Additionally, the bill repeals several existing provisions related to animal care, offences, penalties, the powers of inspectors, and the Animal Care Review Board. Transitional provisions are included to manage appeals and financial matters that were in progress before the bill came into effect. The bill revokes existing regulations made under the Act and states that it comes into force on the day it receives Royal Assent.

What This Bill Does
  • Establishes new provisions for animals taken into custody by the OSPCA or affiliated societies.
  • Specifies conditions under which the OSPCA or an affiliated society is deemed the owner of an animal.
  • Outlines procedures for returning animals to their owners or custodians.
  • Details rules for selling animals when the OSPCA or an affiliated society becomes the owner or when a judge orders forfeiture.
  • Repeals provisions related to animal care, distress, harm, and veterinarian reporting obligations.
  • Repeals provisions concerning offences and penalties under the Act.
  • Repeals provisions related to the appointment and powers of inspectors.
  • Repeals provisions regarding an owner's or custodian's liability for the cost of food, care, or treatment provided by the OSPCA.
  • Repeals provisions governing the Animal Care Review Board and appeals to it.
  • Revokes all regulations made under the Act.
  • Establishes transitional provisions for animals in custody, payments for care, and ongoing appeals.
  • Specifies that the Act comes into force on the day it receives Royal Assent.
Who Is Affected
  • The Ontario Society for the Prevention of Cruelty to Animals (OSPCA) and its affiliated societies.
  • Owners and custodians of animals that come into the custody of the OSPCA or affiliated societies.
  • Veterinarians (regarding reporting obligations that are repealed).
  • Individuals involved in appeals or proceedings before the Animal Care Review Board (as these are terminated or transitioned to justices of the peace).
  • The public (regarding notice of animal sales).
Rights, Duties, Or Obligations
  • The OSPCA or an affiliated society may take custody of an animal and provide food, care, or treatment.
  • An owner or custodian is not required to pay the OSPCA or affiliated society for food, care, or treatment provided to an animal.
  • The OSPCA or affiliated society is deemed the owner of an animal if the owner or custodian cannot be identified within specified timeframes (7 business days for cats/dogs, 30 for others).
  • If an owner or custodian is identified, the animal must generally be returned, unless they have been charged with an animal welfare or cruelty offence.
  • Animals may be sold if the OSPCA or affiliated society is deemed the owner or if a judge orders forfeiture.
  • Reasonable efforts must be made to sell animals at fair market value.
  • Specific procedures apply for public auctions for certain types of animals.
  • Former owners or custodians must receive two weeks' notice of an auction.
  • Proceeds from animal sales are handled according to specific rules.
  • Appeals that were underway before the bill came into force are terminated and must be recommenced before a justice of the peace.
  • New appeals related to matters arising before the bill came into force must be made to a justice of the peace.
Important Dates
  • The Act comes into force on the day it receives Royal Assent.
Financial Or Tax Impacts
  • Owners or custodians are not required to pay for food, care, or treatment provided by the OSPCA or affiliated societies to animals.
  • Existing orders requiring payment for animal care cease to have effect when the bill comes into force.
  • Outstanding statements of account for animal care provided before the bill comes into force do not need to be paid.
  • The proceeds from the sale of animals are handled according to specific rules; if the OSPCA was deemed the owner, it may keep the proceeds; if a judge ordered forfeiture, the proceeds go to the previous owner/custodian.
Enforcement Or Penalties
  • Provisions governing offences and penalties under the Act are repealed.
Uncertainties Or Limits
  • The bill does not specify what constitutes 'reasonable inquiry' to identify an owner or custodian.
  • The bill does not define 'fair market value' for animal sales.
  • The bill allows for 'prescribed animals' for public auction and 'prescribed number' for exceptions to public auctions, but these are not defined within the bill text provided.
  • The bill references 'affiliated society' but does not define its scope or structure.
  • The specific rules and procedures for 'appeals, requests or applications' to a justice of the peace, and how Section 17 of the Act applies with 'necessary modifications,' are not detailed in the provided text.
Laws Or Regulations Affected
Ontario Society for the Prevention of Cruelty to Animals Act
amends

This bill amends the Act by adding new rules for animal custody and ownership, and by repealing and replacing several sections.

Source: Preamble, Sections 1, 2, 3

Definitions in subsection 1 (1) of the Ontario Society for the Prevention of Cruelty to Animals Act
repeals

The definitions for 'accredited veterinary facility', 'Board', 'distress', 'place', and 'veterinarian' are removed.

Source: Section 1

Section 6.1 of the Act
repeals

This section is removed from the Act.

Source: Section 2

Sections 11, 11.1, 11.2, 11.3, 11.4, 11.5, 12, 12.1, 13, 14, 15, 15.1, 16, 17, 18, 18.1, 19, 20, 21 and 22 of the Act
repeals and substitutes

These sections are repealed and replaced with new provisions concerning the care and custody of animals, including when the society is deemed the owner, return of animals, and sale of animals.

Source: Section 3

Ontario Regulations 59/09 (General), 60/09 (Standards of Care) and 62/09 (Exemptions)
revokes

These specific regulations made under the Act are cancelled.

Source: Section 4

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
Feb 23, 2012
Step 2
Second reading
Not reached yet
Step 3
Committee review
Not reached yet
Step 4
Third reading
Not reached yet
Step 5
Royal assent
Not reached yet

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Jack MacLaren
Sponsor party or district not listed
Jurisdiction
Ontario Legislature

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced