EXPLANATORY NOTE

The Provincial Animal Welfare Services Act, 2019 is amended. Among the changes are the following:

   1.  The Lieutenant Governor in Council may make regulations governing record-keeping with respect to dogs.

   2.  The Lieutenant Governor in Council may make regulations prohibiting the sale or transfer of dogs under certain circumstances.

   3.  The operation of puppy mills is prohibited.

Bill 159 2023

An Act to amend the Provincial Animal Welfare Services Act, 2019

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1 Subsection 1 (1) of the Provincial Animal Welfare Services Act, 2019 is amended by adding the following definition:

“dog” means any dog (Canis lupus familiaris) and includes an animal which is a cross between a dog and another member of the Canis genus, including but not limited to a wolf (Canis lupus) or coyote (Canis latrans); (“chien”)

2 The Act is amended by adding the following section:

Record keeping

14.1  Every person who satisfies such criteria as may be prescribed by the Lieutenant Governor in Council shall, in accordance with the regulations, keep such records as may be prescribed by the Lieutenant Governor in Council in respect of dogs.

3 The Act is amended by adding the following sections:

Prohibited Sale and Transfer

Prohibition against sale or transfer

23.1  (1)  No person shall sell or transfer a dog contrary to the regulations, if any, made by the Lieutenant Governor in Council.

Definition, “transfer”

(2)  In this section, and in the regulations made for the purposes of this section,

“transfer” includes offer for transfer and expose for transfer, but does not include a gift.

Prohibition of Puppy Mills

Prohibition, puppy mills

23.2  (1)  No person shall operate a puppy mill.

Operating a puppy mill

(2)  For the purposes of this section, a person operates a puppy mill if the person breeds dogs and does any of the following:

   1.  Breeding a female dog more than three times in a two-year period, or breeding more than two litters from a female dog’s consecutive heat cycles.

   2.  Breeding a female dog that is less than 12 months old.

   3.  Breeding a female dog for the first time before its second heat.

   4.  Breeding a parent dog with any dog in one of their litters.

   5.  Breeding dogs that are siblings from the same parent dog.

   6.  Failing to isolate a dog from other dogs or animals, including failing to ensure there is no contact with objects, including food and water containers, that are used by other dogs or animals, where there are reasonable grounds to believe that the dog is suffering from a contagious disease or is at high risk of developing a contagious disease, except,

          i.  where a veterinarian has advised, in writing, that the isolation is unnecessary, or

         ii.  under circumstances prescribed by the Lieutenant Governor in Council.

   7.  Failing to ensure that each dog’s environment is,

          i.  kept sufficiently clean as to ensure that the dog is not required to stand, sit or lie down in excrement, urine, mud or water, and

          ii  cleaned as frequently as necessary, using cleaning products that do not pose a risk to the dog, to prevent an accumulation of excrement, urine or other waste that would pose a risk to the dog’s health, to maintain a sanitary environment, to minimize the presence of parasites and to ensure the health of the dog.

   8.  Separating a puppy from its mother or substitute mother before the age of 56 days, except as otherwise recommended by a veterinarian in writing for health reasons.

   9.  Doing anything that is prescribed by the Lieutenant Governor in Council for the purposes of this provision.

Separate offences

(3)  Each contravention of a paragraph of subsection (2) is deemed to constitute a separate offence of operating a puppy mill.

4 Subsection 24 (1) of the Act is amended by adding the following clause:

(a.1) a prohibition under section 23.1 or 23.2;

5 Subsection 27 (1) of the Act is repealed and the following substituted:

Power to make reasonable inquiries

(1)  An animal welfare inspector may, for any purpose described in subsection 24 (1), demand that the owner or custodian of the animal respond to reasonable inquiries.

6 (1)  Subsection 35 (2.1) of the Act is amended by striking out “subsections 38 (1), (2) and (5)” at the end and substituting “subsections 35 (4) to (8) and 38 (1), (2) and (5)”.

(2)  Subsection 35 (6) of the Act is amended by striking out “(4) (a)” and substituting “(4) (a) or (b)” and by adding “including by taking one or more of the measures described in section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act” at the end.

7 (1)  Clause 49 (1) (a) of the Act is amended by adding the following subclause:

      (i.1)  section 14.1 (Record keeping),

(2)  Subsection 49 (2) of the Act is amended by striking out “or” at the end of clause (e) and by adding the following clauses:

  (g)  section 23.1 (Prohibition against sale or transfer); or

  (h)  section 23.2 (Prohibition, puppy mills).

(3)  Section 49 of the Act is amended by adding the following subsections:

Minimum penalties, s. 23.2 (1)

(7.1)  Subject to subsection (7.2), the minimum penalty for operating a puppy mill contrary to subsection 23.2 (1) is $10,000.

Same

(7.2)  The offence set out in subsection (7.1) has a minimum penalty of $25,000 if the conduct or omission in respect of the offence resulted in either of the following:

   1.  The death of a dog.

   2.  The euthanization of a dog after a veterinarian determines it is the most humane course of action.

8 Section 53 of the Act is amended by adding “including by taking one or more of the measures described in section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act” at the end.

9 Subsection 69 (1) of the Act is amended by adding the following clauses:

(e.1) governing the keeping of records for the purposes of section 14.1;

.     .     .     .     .

(j.1)  for the purposes of section 23.1, governing any aspect of the sale or transfer of a dog including, but not limited to,

         (i)  prohibiting sales and transfers under certain circumstances,

        (ii)  governing the manner and conditions of sale or transfer,

       (iii)  governing the return of a dog that has been purchased or transferred and the refund of any payment,

       (iv)  prescribing measures to protect the health, welfare and care of dogs that are sold or transferred,

        (v)  prescribing measures to protect the health, welfare and care of other animals that may be affected by a sale or transfer,

       (vi)  prescribing measures to protect the interests of purchasers and transferees,

      (vii)  governing requirements for the identification of dogs before sale or transfer;

(j.2)  prescribing circumstances that constitute operating a puppy mill for the purposes of paragraph 9 of subsection 23.2 (2);

Commencement

10 (1)  Except as otherwise provided in this section, this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2)  Sections 6 and 8 come into force on the later of the day subsection 8 (1) of Schedule 6 to the Strengthening Safety and Modernizing Justice Act, 2023 comes into force and the day this Act receives Royal Assent.

Short title

11 The short title of this Act is the Preventing Unethical Puppy Sales Act, 2023.