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OntarioPassed42nd Parliament, 1st Session

Bill 156 explained in plain English

Security from Trespass and Protecting Food Safety Act, 2020

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

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
42nd Parliament, 1st Session
Bill number
Bill 156
Full title
Security from Trespass and Protecting Food Safety Act, 2020
Current status
Passed
Latest event
Royal Assent received
Last updated
Jun 18, 2020

Official Legislative Assembly of Ontario snapshot for 42nd 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
Royal Assent received
Latest Activity
Jun 18, 2020
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

This Ontario Act creates rules to prevent trespassing and interference on farms and with farm animals to protect animal welfare and food safety.

What It Means

The Security from Trespass and Protecting Food Safety Act, 2020, aims to protect Ontario's farms, farm animals, and food supply. It prohibits unauthorized individuals from entering designated 'animal protection zones' on farms and at animal processing facilities, and from interfering with farm animals within these zones. The Act also restricts interfering with vehicles transporting farm animals and the animals themselves. It outlines responses owners and drivers can take, including requesting people to leave or ceasing prohibited actions, and allows for arrest in certain situations. The Act sets fines for offences, with higher penalties for subsequent convictions, and allows courts to order restitution for damages. It also clarifies that the Act does not affect existing Aboriginal and treaty rights. The Act comes into force on a day proclaimed by the Lieutenant Governor.

What This Bill Does
  • Prohibits entering 'animal protection zones' on farms, animal processing facilities, or prescribed premises without consent.
  • Prohibits interfering with or interacting with farm animals in 'animal protection zones' or carrying out prescribed activities without consent.
  • Prohibits stopping, hindering, obstructing, or interfering with vehicles transporting farm animals.
  • Prohibits interfering with or interacting with farm animals being transported in a vehicle without the driver's consent.
  • States that consent obtained through duress or false pretences is invalid.
  • Prohibits defacing, altering, damaging, or removing signs marking 'animal protection zones'.
  • Specifies that the Trespass to Property Act does not apply to 'animal protection zones' under this Act.
  • Allows owners or occupiers of farms, animal processing facilities, or prescribed premises to request individuals to provide identification, cease prohibited actions, leave the premises, or arrest them without a warrant under certain conditions.
  • Allows drivers of vehicles transporting farm animals to request individuals to cease interference.
  • Permits the use of only necessary and reasonable force when making an arrest.
  • Requires individuals arrested under the Act to be promptly given into police custody.
  • Prohibits interfering with an arrest or the delivery of an arrested person to police.
  • Grants police officers the power to arrest without a warrant individuals found contravening certain provisions of the Act.
  • Defines offences related to contravening the Act's prohibitions.
  • Establishes penalties for offences, including fines of up to $15,000 for a first offence and up to $25,000 for subsequent offences, with potential increases in prescribed circumstances.
  • Allows courts to order restitution for injury, loss, or damage suffered by farm owners, occupiers, or drivers of animal transport vehicles as a result of an offence.
  • Extinguishes the right to bring a civil action for damages if a restitution order is made for the same facts, unless certain conditions are met.
  • States that a conviction under this Act can be used as proof of liability in a civil action for trespassing.
  • Allows for the recovery of prosecution costs if a private prosecutor is involved.
  • Limits the owner's or driver's liability for injury, loss, or damages to trespassers unless the danger was created with deliberate intent to harm or with wilful or reckless disregard.
  • Sets a two-year limitation period for commencing proceedings for an offence under the Act.
  • Clarifies that nothing in the Act limits common law rights.
  • Empowers the Minister to make regulations related to the Act's administration and enforcement.
  • States that the Act comes into force on a day to be named by proclamation.
Who Is Affected
  • Owners and occupiers of farms, animal processing facilities, and prescribed premises where farm animals are kept.
  • Drivers of vehicles transporting farm animals.
  • Individuals who enter farms or facilities where farm animals are kept.
  • Individuals who interact with farm animals.
  • Police officers and other enforcement officials.
  • Aboriginal peoples of Canada.
  • Individuals involved in legal proceedings related to offences under the Act.
Rights, Duties, Or Obligations
  • Obligation not to enter 'animal protection zones' without consent.
  • Obligation not to interfere with farm animals in 'animal protection zones' without consent.
  • Obligation not to interfere with vehicles or animals during transport without consent.
  • Right of owners/occupiers to request individuals to identify themselves, cease prohibited actions, or leave premises.
  • Right of owners/occupiers to arrest individuals without a warrant under specific conditions.
  • Right of drivers to request individuals to cease interference with transport.
  • Right to use only necessary and reasonable force when making an arrest.
  • Obligation to provide arrested persons to police promptly.
  • Right for courts to order restitution for damages suffered.
  • Protection for owners/occupiers and drivers from liability for injuries to trespassers unless specific conditions of intent or recklessness are met.
Important Dates
  • The Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Financial Or Tax Impacts
  • Fines for offences under the Act range from a maximum of $15,000 for a first offence to $25,000 for subsequent offences, with potential increases in prescribed circumstances.
  • Courts may order restitution for damages suffered by farm owners, occupiers, or drivers of animal transport vehicles.
  • Costs of prosecution may be recovered by a private prosecutor.
Enforcement Or Penalties
  • Offences are defined for contravening prohibitions on trespassing and interference.
  • Penalties include fines of up to $15,000 for a first offence and up to $25,000 for subsequent offences.
  • Fines can be increased based on prescribed circumstances that increase the gravity of the offence.
  • Restitution orders can be made for damages.
  • Police officers have the power to arrest without a warrant.
  • Owners/occupiers can request individuals to leave or arrest them without a warrant.
  • Proceedings for an offence must be commenced within two years of the offence or when evidence first came to the attention of a police officer.
Uncertainties Or Limits
  • The Act relies on regulations to prescribe specific details, such as which facilities are considered 'animal processing facilities', the exact requirements for 'animal protection zones', which animals are considered 'farm animals', and specific circumstances for increased penalties or invalid consent.
  • The specific circumstances and reasons for increasing penalties or invalidating consent are to be prescribed by regulation.
  • The full extent of what constitutes 'interference or interaction' with farm animals is subject to regulations.
  • The date the Act comes into force is not yet proclaimed.
Laws Or Regulations Affected
Trespass to Property Act
modified

The Trespass to Property Act no longer applies to 'animal protection zones' as defined and governed by this Act.

Source: Section 5 (8)

Highway Traffic Act
referenced

The definition of 'motor vehicle' in this Act refers to the definition provided in the Highway Traffic Act.

Source: Section 2

Provincial Offences Act
referenced

An arrested person taken into custody by a police officer under this Act is deemed to have been arrested for the purposes of provisions related to release, detention, and bail under the Provincial Offences Act.

Source: Section 11 (2)

Provincial Offences Act
modified

This Act modifies Section 60 of the Provincial Offences Act regarding the award of costs for prosecutions conducted by private prosecutors.

Source: Section 17

Constitution Act, 1982
affirmed

This Act explicitly states that it does not abrogate or derogate from the protection of existing Aboriginal and treaty rights recognized and affirmed in Section 35 of the Constitution Act, 1982.

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
Dec 2, 2019
Step 2
Second reading
Jun 16, 2020
Step 3
Committee review
Jun 12, 2020
Step 4
Third reading
Jun 17, 2020
Step 5
Royal assent
Jun 18, 2020

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Ernie Hardeman
Progressive Conservative Party of Ontario | Oxford
Jurisdiction
Ontario Legislature

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

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