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Bill 156, Security from Trespass and Protecting Food Safety Act, 2020

Hardeman, Ernie Minister of Agriculture, Food and Rural Affairs

Royal Assent received. Statutes of Ontario 2020,

chapter 9

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Royal Assent

As Amended by Standing Committee

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Bill 156 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 156 and does not form part of the law.

Bill 156 has been enacted as

Chapter 9 of the Statutes of Ontario, 2020.

The

Bill is intended to protect farm animals, the food supply, farmers and others

from risks that are created when trespassers enter places where farm animals

are kept or when persons engage in unauthorized interactions with farm

animals. The risks include the risk of exposing farm animals to disease and

stress, as well as the risk of introducing contaminants into the food supply.

Animal

protection zones are defined in

section 2 of the Bill as areas on farms, animal

processing facilities and other prescribed premises on which farm animals may

be kept or located. Subsections 5 (1), (2) and (3) prohibit persons from

entering in or on the animal protection zones without the prior consent of the

owner or occupier of the farm, facility or premises. Subsection 5

(4) prohibits persons from interfering or interacting with farm animals in or on

the animal protection zones or from carrying out prescribed activities in or on

the animal protection zones without the prior consent of the owner or occupier

of the farm, facility or premises.

Section 6 prohibits persons from

interfering with a motor vehicle that is transporting farm animals and from

interfering or interacting with the farm animals in the motor vehicle without

the prior consent of the driver of the motor vehicle.

The

Bill provides that a consent is invalid if it is obtained using duress or under

false pretences in the prescribed

circumstances or for the prescribed reasons.

Section

4 establishes that nothing in the 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 as recognized and affirmed in the Constitution Act, 1982 , and clause 7 (

f) provides that

certain prohibitions in the Act do not apply to a person who is lawfully

exercising existing aboriginal or treaty rights.

Section

8 allows the owner or occupier of a farm, animal processing facility or

prescribed premises to take certain actions in situations where a person

trespasses on an animal protection zone, or does any of the things prohibited

section

Section 9 sets out the actions that the driver of a motor

vehicle transporting farm animals may take in situations where a person does

anything prohibited by

section

Section

15 sets the maximum fine at $15,000 for a first offence under the Act and

$25,000 for subsequent offences. That fine may be increased by a court in

certain prescribed circumstances that increase the gravity of the offence.

Section

16 provides that, if a person is found guilty of an offence under the Act, the

court may, in addition to imposing a fine under the Act, require the person

found guilty to pay restitution to the owner or occupier of a farm, animal

processing facility or prescribed premises or to the driver of a motor vehicle

for any injury, loss or damages suffered as a result of the commission of the

offence.

Section

21 sets out a two-year limitation period for the commencement of proceeding for

an offence under the Act. The two-year period begins on the later of the day

the offence was committed or the day on which evidence of the offence first

came to the attention of a police officer.

The

Bill sets out various provisions relating to the application and enforcement of

the Act and the power to make regulations.

Bill 156 2020

Act to protect Ontario’s farms and farm animals from trespassers and other forms

of interference and to prevent contamination of Ontario’s food supply

CONTENTS

Purposes,

Definitions and

Application

Purposes

Definitions

Application

Existing

aboriginal or treaty rights

Protecting Farm Animals from

Trespass and Interference

Prohibitions

re trespass, etc.

Prohibition

re transportation of farm animals

Exceptions,

prohibitions

Responses

by owner, occupier

Responses

by driver

Reasonable

force

Delivery

of arrested person to police

Prohibition,

interference

Arrest

by police officers without warrant

Offences and Penalties

Offences

Penalties

Restitution

for damages

Costs

of prosecution

Fines

with restitution

Enforcement

of restitution order

General

Limited

liability

Limitation

on proceedings

Common

law rights not affected

Regulations

Commencement and

Short Title

Commencement

Short

title

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Purposes,

Definitions and Application

Purposes

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.

Definitions

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 délevage”)

“Minister”

means the Minister of Agriculture, Food and Rural Affairs or any other member

of the Executive Council to whom responsibility for the administration of this

Act is assigned or transferred under the Executive Council

Act ; (“ministre”)

“motor

vehicle” means a motor vehicle as defined in the Highway

Traffic Act ; (“véhicule automobile”)

“occupier”

means, with respect to a farm, animal processing facility or prescribed

premises,

(

a) a

person who is in physical possession of the farm, facility or premises,

(

b) a

person who has responsibility for and control over the condition of the farm,

facility or premises, the activities carried out on the farm, facility or

premises or the persons who are allowed to enter the farm, facility or

premises, or

(

c) a

person prescribed by the regulations; (“occupant”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“prescribed

premises” means premises at which farm animals are kept that are prescribed for

the purposes of subsection 5 (3); (“lieu prescrit”)

“regulation”

means a regulation made under this Act. (“règlement”)

Application

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.

Existing

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 .

Protecting Farm Animals from Trespass and Interference

Prohibitions

re trespass, etc.

Animal

farms

(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.

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.

implied consent

(5) For

the purposes of subsections (1), (2), (3) and (4), prior consent of an owner or

occupier shall not be inferred by a person seeking to enter in or on an animal protection

zone referred to in those subsections, or to interfere or interact with a farm

animal or carry out a prescribed activity in or on the animal protection zone, solely

on the basis that,

(

a) the

owner or occupier has not prohibited the person directly, orally or in writing,

from entering the animal protection zone, from interfering or interacting with

a farm animal or carrying out the prescribed activity or has not otherwise

objected to the person’s presence; or

(

b) no

signs have been erected on the farm, animal processing facility or prescribed premises

to restrict or prohibit the entry in or on the animal protection zone or the

interference, interaction or prescribed activity.

Consent

under duress, false pretences

(6) For

the purposes of subsections (1), (2), (3) and (4), consent to entering in or on

an animal protection zone, to interfering or interacting with farm animals or

to carrying out prescribed activities is invalid if it is obtained from the

owner or occupier of the relevant farm, animal processing facility or prescribed

premises using duress or under false pretences in the prescribed circumstances

or for the prescribed reasons and a consent so obtained shall be deemed not to

have been given.

Animal

protection zone signs

(7) No

person shall deface, alter, damage or remove any signs that have been posted on

a farm, animal processing facility or prescribed premises to demarcate an

animal protection zone or to prohibit or regulate access to or activities

carried out in or on animal protection zones.

Non-application

of Trespass to Property Act

(8) The

Trespass to Property Act does not apply to animal

protection zones to which this

section applies.

Prohibition

re transportation of farm animals

(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.

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 pretences in the

prescribed circumstances or for the prescribed reasons and a consent so

obtained shall be deemed not to have been given.

Exceptions,

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 power or carry out a duty under the Animal

Health Act, 2009 in relation to an order made under

section 23 or 24 of

that Act and who is acting in the course of exercising the power or carrying

out the duty;

(

e) a

person acting pursuant to the Labour Relations Act, 1995

or the Agricultural Employees Protection Act, 2002 or

a person doing anything in connection with a lockout or a strike if the person

is permitted to do so by law; or

(

f) a

person lawfully exercising existing aboriginal or treaty rights;

(

g) any

other person prescribed by the regulations acting in the circumstances that are

prescribed by the regulations.

Responses

by owner, occupier

(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

Property Act provides that a person may do.

Compliance

with request

(3) A

person who receives a request under clause (1) (

b) or (

c) shall comply promptly

with the request.

Prohibition:

false or misleading information

(4) No

person shall provide false or misleading information in response to a request

for the person’s name and address made under clause (1) (a).

Arrest

by other person

(5) An

arrest under clause (1) (

d) may be carried out by a person authorized by the

owner or occupier of a farm, animal processing facility or prescribed premises,

as the case may be, to do so on his or her behalf.

Responses

by driver

(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.

Reasonable

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.

Delivery

of arrested person to police

(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 .

Prohibition,

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).

Arrest

by police officers without warrant

(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 that the person has committed an

offence under subsection 5 (1), (2), (3), (4) or (7) or 6 (1) or (2) and has

recently departed the place where the offence was committed and,

(

a) the

person refuses to give the police officer his or her name and address; or

(

b) the

police officer believes on reasonable and probable grounds that the name or

address given by the person is false or misleading.

Offences and Penalties

Offences

(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).

Section

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 consent of the driver of the motor vehicle transporting

a farm animal, as the case may be, is presumed not to have been given; and

(

b) the

onus is on the person charged with the offence to prove on the balance of

probabilities that he or she obtained the consent of the owner or occupier or the

consent of the driver, as the case may be, before engaging in the conduct that

he or she is accused of doing without consent.

Same,

sign

(4) For

the purposes of subsection (3), consent is sufficiently proven if the defendant

establishes on the balance of probabilities that,

(

a) a

sign was posted at or near the animal protection zone on the farm, animal

processing facility or prescribed premises authorizing persons to enter in or

on the animal protection zone or authorizing the interference or interaction

with farm animals or the carrying out of the prescribed activity in or on the

animal protection zone; and

(

b) the

defendant reasonably believed that the sign authorized the defendant to enter

the animal protection zone on the farm, animal processing facility or

prescribed premises or to interfere or interact with the farm animal or to carry

out the prescribed activity in or on the animal protection zone.

Colour

of right as defence

(5) It

is a defence to a charge of contravening subsection 5 (1), (2), (3), (4) or

(7) that the person charged reasonably believed that he or she had title to or other

legal interest in an animal protection zone on the farm, animal processing

facility or prescribed premises that entitled him or her to enter the animal protection

zone or to do anything that is prohibited under subsection 5 (4) or (7).

Same,

s. 6 (2)

(6) It

is a defence to a charge of contravening subsection 6 (2) that the person

charged reasonably believed that he or she had title to or other legal interest

in the farm animal that entitled him or her to interfere or interact with the

farm animal.

Use of motor vehicle

(7) If

a motor vehicle is used to commit an offence under paragraph 1 or 3 of

subsection (1), the driver of the motor vehicle is guilty of an offence under

this Act.

Motor vehicle owner and driver liable

(8) If

the driver of a motor vehicle that is used to commit an offence under paragraph

1 or 3 of subsection (1) is not the owner of the motor vehicle, then, upon the

driver being found guilty of the offence, both the driver and the owner of the

motor vehicle shall be held jointly and severally liable to pay the fine payable

for the offence under

section 15 unless, at the time the offence was committed,

the motor vehicle was in the driver’s possession without the consent of the

owner.

Notice

to motor vehicle owner

(9) Despite

subsection (8), the owner of a motor vehicle shall not be held jointly and

severally liable to pay a fine under that subsection unless notice that the

motor vehicle was used to commit the offence in question is provided to the

owner by a police officer promptly after the driver of the motor vehicle is

charged with the offence.

Penalties

(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.

Restitution

for damages

(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, loss or damage that are the object of the restitution order are readily

ascertainable.

More

than one trespasser

(3) Two

or more persons who entered in or on an animal protection zone together

contrary to subsection 5 (1), (2) or (3) shall be jointly and severally liable

for any damages payable to the owner or occupier of the farm, animal processing

facility or prescribed premises pursuant to a restitution order made under

subsection (1) if,

(

a) they

have each been found guilty of an offence under subsection 5 (1), (2) or (3);

(

b) the

restitution order is made against at least one of them; and

(

c) the

injury, loss or damage that are the object of the restitution order resulted

from acts committed while the persons were all together present in or on the

animal protection zone contrary to subsection 5 (1), (2) or (3).

Civil

action

(4) A

restitution order made under subsection (1) extinguishes the right of the

person who suffered the injury, loss or damage to bring a civil action for

damages against the person found guilty of the offence based on the same facts

that led to the conviction for the offence unless,

(

a) the

amount of damages ordered by the court in the restitution order is less than

the value of the injury, loss or damage actually suffered by the person; and

(

b) at

the time the restitution order was made, the court could not have reasonably

known the extent of the injury, loss or damage.

Same

(5) The

failure of a prosecutor to request a restitution order under subsection (1) or

a refusal by a court to make the order does not affect a right to bring a civil

action for damages arising out of the same facts.

Same

(6) If

a civil action for damages is brought against a person for the tort of

trespassing based on the same facts that resulted in the person being found

guilty of an offence under this Act, the conviction under this Act shall be sufficient

proof of the liability of the person in tort and the only issue to be

determined in the civil action shall be the quantum of damages for the tort.

Costs

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.

Fines

with restitution

18 A restitution order under

section 16 or 17 may be made in

addition to any fine imposed under

section 15.

Enforcement

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.

General

Limited

liability

(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 interfering or

interacting with a farm animal being transported on a motor vehicle, the driver

of the motor vehicle shall not be liable for any injury, loss or damages

suffered by that person unless,

(

a) the

driver 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 driver with wilful

or reckless disregard for the presence of the person.

Power

to arrest

(3) Nothing

in subsection (1) or (2) shall affect the right of an owner or occupier of a

farm, animal processing facility or prescribed premises or of any other person to

carry out an arrest under

section 8, subject to the requirements set out in

section

Limitation

on proceedings

(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.

Common

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.

Regulations

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 purposes of clause (

c) of the definition of

“occupier” in

section 2;

(

e) exempting

farms, animal processing facilities and prescribed premises from the

application of all or part of this Act for the purposes of

section 3;

(

f) prescribing

premises at which farm animals are kept for the purposes of subsection 5 (3);

(

g) governing

interferences and interactions with farm animals that are prohibited under

subsection 5 (4) or 6 (2) including restricting, limiting or clarifying the

types of actions or gestures that are considered to be interferences or

interactions for the purposes of those subsections;

(

h) prescribing

circumstances and reasons for the purposes of subsections 5 (6), 6 (4) and 14

(2);

(

i) prescribing

emergency personnel for the purposes of clause 7 (

b) and prescribing persons to

whom the prohibitions in

section 5 and 6 do not apply or circumstances for the

purposes of clause 7 (g);

(

j) governing

the increase in penalties under subsection 15 (2), including prescribing

circumstances that may increase the gravity of an offence for the purposes of

subsection 15 (2) and respecting the amount of the increase or the manner in

which the amount of the increase shall be determined;

(

k) defining

“farm” for the purposes of this Act;

(

l) prescribing

anything that this Act requires or authorizes to be prescribed or to be done in

accordance with the regulations.

Commencement and

Short Title

Commencement

24 This Act comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short

title

25 The

short title of this Act is Security

from Trespass and Protecting Food Safety Act, 2020 .

Bill 156 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

The

Bill is intended to protect farm animals, the food supply, farmers and others

from risks that are created when trespassers enter places where farm animals are

kept or when persons engage in unauthorized interactions with farm animals. The

risks include the risk of exposing farm animals to disease and stress, as well

as the risk of introducing contaminants into the food supply.

Animal

protection zones are defined in

section 2 of the Bill as areas on farms, animal

processing facilities and other prescribed premises on which farm animals may

be kept or located. Subsections 4 (1), (2) and (3) prohibit persons from

entering in or on the animal protection zones without the prior consent of the

owner or occupier of the farm, facility or premises. Subsection 4

(4) prohibits persons from interfering or interacting with farm animals in or on

the animal protection zones or from carrying out prescribed activities in or on

the animal protection zones without the prior consent of the owner or occupier

of the farm, facility or premises.

Section 5 prohibits persons from

interfering with a motor vehicle that is transporting farm animals and from

interfering or interacting with the farm animals in the motor vehicle without

the prior consent of the driver of the motor vehicle.

The

Bill provides that a consent is invalid if it is obtained using duress or under

false pretences in the prescribed circumstances or for the

prescribed reasons.

Section 3.1 establishes that nothing in

the 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 as recognized and affirmed in the Constitution

Act, 1982 , and clause 6 (d.1) provides that certain prohibitions in the

Act do not apply to a person who is lawfully exercising existing aboriginal or

treaty rights.

Section

7 allows the owner or occupier of a farm, animal processing facility or

prescribed premises to take certain actions in situations where a person

trespasses on an animal protection zone, or does any of the things prohibited

section

Section 8 sets out the actions that the driver of a motor

vehicle transporting farm animals may take in situations where a person does

anything prohibited by

section

Section

14 sets the maximum fine at $15,000 for a first offence under the Act and

$25,000 for subsequent offences. That fine may be increased by a court in

certain prescribed circumstances that increase the gravity of the offence.

Section

15 provides that, if a person is found guilty of an offence under the Act, the

court may, in addition to imposing a fine under the Act, require the person

found guilty to pay restitution to the owner or occupier of a farm, animal

processing facility or prescribed premises or to the driver of a motor vehicle

for any injury, loss or damages suffered as a result of the commission of the

offence.

Section

20 sets out a two-year limitation period for the commencement of proceeding for

an offence under the Act. The two-year period begins on the later of the day

the offence was committed or the day on which evidence of the offence first

came to the attention of a police officer.

The

Bill sets out various provisions relating to the application and enforcement of

the Act and the power to make regulations.

Bill 156 2020

Act to protect Ontario’s farms and farm animals from trespassers and other forms

of interference and to prevent contamination of Ontario’s food supply

CONTENTS

Purposes,

Definitions and

Application

Purposes

Definitions

Application

3.1

Existing aboriginal or treaty rights

Protecting Farm Animals from

Trespass and Interference

Prohibitions

re trespass, etc.

Prohibition

re transportation of farm animals

Exceptions,

prohibitions

Responses

by owner, occupier

Responses

by driver

Reasonable

force

Delivery

of arrested person to police

Prohibition,

interference

Arrest

by police officers without warrant

Offences and Penalties

Offences

Penalties

Restitution

for damages

Costs

of prosecution

Fines

with restitution

Enforcement

of restitution order

General

Limited

liability

Limitation

on proceedings

Common

law rights not affected

Regulations

Amendment, Commencement and

Short Title

Bill 136 — Provincial Animal Welfare

Services Act, 2019

Commencement

Short

title

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Purposes,

Definitions and Application

Purposes

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.

Definitions

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 délevage”)

“Minister”

means the Minister of Agriculture, Food and Rural Affairs or any other member

of the Executive Council to whom responsibility for the administration of this

Act is assigned or transferred under the Executive Council

Act ; (“ministre”)

“motor

vehicle” means a motor vehicle as defined in the Highway

Traffic Act ; (“véhicule automobile”)

“occupier” means, with respect to a farm

or animal processing facility,

(

a) a person who is in physical

possession of the farm or facility,

(

b) a person who has responsibility

for and control over the condition of the farm or facility, the activities

carried out on the farm or facility or the persons who are allowed to enter the

farm or facility, or

(

c) a person prescribed by the

regulations; (“occupant”)

“occupier” means, with respect to a

farm, animal processing facility or prescribed premises,

(

a) a person who is in physical

possession of the farm, facility or premises,

(

b) a person who has responsibility

for and control over the condition of the farm, facility or premises, the

activities carried out on the farm, facility or premises or the persons who are

allowed to enter the farm, facility or premises, or

(

c) a person prescribed by the

regulations; (“occupant”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“prescribed

premises” means premises at which farm animals are kept that are prescribed for

the purposes of subsection 4 (3); (“lieu prescrit”)

“regulation”

means a regulation made under this Act. (“règlement”)

Application

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.

Existing

aboriginal or treaty rights

3.1 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 .

Protecting

Farm Animals from Trespass and Interference

Prohibitions

re trespass, etc.

Animal

farms

(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.

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.

implied consent

(5) For

the purposes of subsections (1), (2), (3) and (4), prior consent of an owner or

occupier shall not be inferred by a person seeking to enter in or on an animal protection

zone referred to in those subsections, or to interfere or interact with a farm

animal or carry out a prescribed activity in or on the animal protection zone, solely

on the basis that,

(

a) the

owner or occupier has not prohibited the person directly, orally or in writing,

from entering the animal protection zone, from interfering or interacting with

a farm animal or carrying out the prescribed activity or has not otherwise

objected to the person’s presence; or

(

b) no

signs have been erected on the farm, animal processing facility or prescribed premises

to restrict or prohibit the entry in or on the animal protection zone or the

interference, interaction or prescribed activity.

Consent

under duress, false pretences

(6) For

the purposes of subsections (1), (2), (3) and (4), consent to entering in or on

an animal protection zone, to interfering or interacting with farm animals or

to carrying out prescribed activities is invalid if it is obtained from the

owner or occupier of the relevant farm, animal processing facility or prescribed

premises using duress or under false pretences in the prescribed circumstances or for the prescribed

reasons and a consent so obtained shall be deemed not to have been

given.

Animal

protection zone signs

(7) No

person shall deface, alter, damage or remove any signs that have been posted on

a farm, animal processing facility or prescribed premises to demarcate an

animal protection zone or to prohibit or regulate access to or activities

carried out in or on animal protection zones.

Non-application

of Trespass to Property Act

(8) The

Trespass to Property Act does not apply to animal

protection zones to which this

section applies.

Prohibition

re transportation of farm animals

(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.

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 pretences in the prescribed circumstances or for

the prescribed reasons and a consent so obtained shall be deemed

not to have been given.

Exceptions,

prohibitions

6 The prohibitions in sections 4 and 5 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 appointed under the Municipal Act, 2001 , the City of

Toronto Act, 2006 ,

an Act relating to animal

health or welfare or any other Act of Ontario or Canada to exercise a power

and who 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;

(c.1) a person who is authorized to

exercise a power or carry out a duty under the Animal Health Act, 2009

in relation to an order made under

section 23 or 24 of that Act and who is

acting in the course of exercising the power or carrying out the duty;

(

d) a

person acting pursuant to the Labour Relations Act, 1995

or the Agricultural Employees Protection Act, 2002 or

a person doing anything in connection with a lockout or a strike if the person

is permitted to do so by law; or

(d.1) a person lawfully exercising

existing aboriginal or treaty rights;

(

e) any

other person prescribed by the regulations acting in the circumstances that are

prescribed by the regulations.

Responses

by owner, occupier

(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 4 (1), (2) or (3), or doing anything in contravention of subsection

4 (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 4 (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

(1.1) 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 Property Act provides that a

person may do.

Compliance

with request

(2) A

person who receives a request under clause (1) (

b) or (

c) shall comply promptly

with the request.

Prohibition:

false or misleading information

(3) No

person shall provide false or misleading information in response to a request

for the person’s name and address made under clause (1) (a).

Arrest

by other person

(4) An

arrest under clause (1) (

d) may be carried out by a person authorized by the

owner or occupier of a farm, animal processing facility or prescribed premises,

as the case may be, to do so on his or her behalf.

Responses

by driver

(1) The driver of a motor vehicle transporting

farm animals whose vehicle is stopped, hindered, obstructed or otherwise

interfered with in contravention of subsection 5 (1) or who finds a person interfering

or interacting with a farm animal being transported by the motor vehicle in

contravention of subsection 5 (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.

Reasonable

force

9 The owner or occupier of a farm, animal processing facility

or prescribed premises, or any other person who carries out an arrest under

section

7, may use only such force as is necessary and reasonable in the circumstances

to carry out the arrest.

Delivery

of arrested person to police

(1) Where a person is arrested under

section 7,

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 .

Prohibition,

interference

11 No person shall or shall attempt to stop, hinder, obstruct

or otherwise interfere with,

(

a) the

arrest of a person under

section 7; or

(

b) the

delivery of an arrested person to a police officer under subsection 10 (1).

Arrest

by police officers without warrant

(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 4 (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 5 (1); or

(

c) any

person found interfering or interacting with a farm animal being transported by

a motor vehicle contrary to subsection 5 (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 that the person has committed an

offence under subsection 4 (1), (2), (3), (4) or (7) or 5 (1) or (2) and has

recently departed the place where the offence was committed and,

(

a) the

person refuses to give the police officer his or her name and address; or

(

b) the

police officer believes on reasonable and probable grounds that the name or

address given by the person is false or misleading.

Offences and Penalties

Offences

(1) Every person who contravenes any of the

following provisions is guilty of an offence:

1. Subsection

4 (1), (2), (3) or (4).

2. Subsection

4 (7).

3. Subsection

5 (1) or (2).

4. Subsection

7 (2) or (3).

5. Subsection

8 (2).

Section

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 4 (1), (2), (3) or (4) or 5 (2) is guilty of an

offence.

Onus

of proof

(3) In

the prosecution of an offence under subsection 4 (1), (2), (3) or (4) or 5 (2),

(

a) the

consent of the owner or occupier of the farm, animal processing facility or

prescribed premises or the consent of the driver of the motor vehicle transporting

a farm animal, as the case may be, is presumed not to have been given; and

(

b) the

onus is on the person charged with the offence to prove on the balance of

probabilities that he or she obtained the consent of the owner or occupier or the

consent of the driver, as the case may be, before engaging in the conduct that

he or she is accused of doing without consent.

Same,

sign

(4) For

the purposes of subsection (3), consent is sufficiently proven if the defendant

establishes on the balance of probabilities that,

(

a) a

sign was posted at or near the animal protection zone on the farm, animal

processing facility or prescribed premises authorizing persons to enter in or

on the animal protection zone or authorizing the interference or interaction

with farm animals or the carrying out of the prescribed activity in or on the

animal protection zone; and

(

b) the

defendant reasonably believed that the sign authorized the defendant to enter

the animal protection zone on the farm, animal processing facility or

prescribed premises or to interfere or interact with the farm animal or to carry

out the prescribed activity in or on the animal protection zone.

Colour

of right as defence

(5) It

is a defence to a charge of contravening subsection 4 (1), (2), (3), (4) or

(7) that the person charged reasonably believed that he or she had title to or other

legal interest in an animal protection zone on the farm, animal processing

facility or prescribed premises that entitled him or her to enter the animal protection

zone or to do anything that is prohibited under subsection 4 (4) or (7).

Same,

s. 5 (2)

(6) It

is a defence to a charge of contravening subsection 5 (2) that the person

charged reasonably believed that he or she had title to or other legal interest

in the farm animal that entitled him or her to interfere or interact with the

farm animal.

Use of motor vehicle

(7) If

a motor vehicle is used to commit an offence under paragraph 1 or 3 of

subsection (1), the driver of the motor vehicle is guilty of an offence under

this Act.

Motor vehicle owner and driver liable

(8) If

the driver of a motor vehicle that is used to commit an offence under paragraph

1 or 3 of subsection (1) is not the owner of the motor vehicle, then, upon the

driver being found guilty of the offence, both the driver and the owner of the

motor vehicle shall be held jointly and severally liable to pay the fine payable

for the offence under

section 14 unless, at the time the offence was committed,

the motor vehicle was in the driver’s possession without the consent of the

owner.

Notice to motor vehicle owner

(9) Despite subsection (8),

the owner of a motor vehicle shall not be held jointly and severally liable to

pay a fine under that subsection unless notice that the motor vehicle was used

to commit the offence in question is provided to the owner by a police officer

promptly after the driver of the motor vehicle is charged with the offence.

Penalties

(1) A person who is found guilty of an offence

under subsection 13 (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 4 (1), (2), (3), (4) or (7) or 5 (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.

Restitution

for damages

(1) If a person is found guilty of an offence as

a result of a contravention of subsection 4 (1), (2), (3), (4) or (7) or 5

(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, loss or damage that are the object of the restitution order are readily

ascertainable.

More than one trespasser

(2.1) Two or more persons who

entered in or on an animal protection zone together contrary to subsection 4

(1), (2) or (3) shall be jointly and severally liable for any damages payable

to the owner or occupier of the farm, animal processing facility or prescribed

premises pursuant to a restitution order made under subsection (1) if,

(

a) they have each been found guilty

of an offence under subsection 4 (1), (2) or (3);

(

b) the restitution order is made

against at least one of them; and

(

c) the injury, loss or damage that

are the object of the restitution order resulted from acts committed while the

persons were all together present in or on the animal protection zone contrary

to subsection 4 (1), (2) or (3).

Civil

action

(3) A

restitution order made under subsection (1) extinguishes the right of the

person who suffered the injury, loss or damage to bring a civil action for damages

against the person found guilty of the offence based on the same facts that led

to the conviction for the offence unless,

(

a) the

amount of damages ordered by the court in the restitution order is less than

the value of the injury, loss or damage actually suffered by the person; and

(

b) at

the time the restitution order was made, the court could not have reasonably

known the extent of the injury, loss or damage.

Same

(4) The

failure of a prosecutor to request a restitution order under subsection (1) or

a refusal by a court to make the order does not affect a right to bring a civil

action for damages arising out of the same facts.

Same

(5) If

a civil action for damages is brought against a person for the tort of

trespassing based on the same facts that resulted in the person being found

guilty of an offence under this Act, the conviction under this Act shall be sufficient

proof of the liability of the person in tort and the only issue to be

determined in the civil action shall be the quantum of damages for the tort.

Costs

of prosecution

16 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.

Fines

with restitution

17 A restitution order under

section 15 or 16 may be made in

addition to any fine imposed under

section 14.

Enforcement

of restitution order

18 A restitution order made under

section 15 or 16 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.

General

Limited

liability

(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 interfering or

interacting with a farm animal being transported on a motor vehicle, the driver

of the motor vehicle shall not be liable for any injury, loss or damages

suffered by that person unless,

(

a) the

driver 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 driver with wilful

or reckless disregard for the presence of the person.

Power

to arrest

(3) Nothing

in subsection (1) or (2) shall affect the right of an owner or occupier of a

farm, animal processing facility or prescribed premises or of any other person to

carry out an arrest under

section 7, subject to the requirements set out in

section

Limitation

on proceedings

(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.

Common

law rights not affected

21 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.

Regulations

22 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 purposes of clause (

c) of the definition of

“occupier” in

section 2;

(

e) exempting

farms, animal processing facilities and prescribed premises from the

application of all or part of this Act for the purposes of

section 3;

(

f) prescribing

premises at which farm animals are kept for the purposes of subsection 4 (3);

(

g) governing

interferences and interactions with farm animals that are prohibited under

subsection 4 (4) or 5 (2) including restricting, limiting or clarifying the

types of actions or gestures that are considered to be interferences or

interactions for the purposes of those subsections;

(g.1) prescribing circumstances and

reasons for the purposes of subsections 4 (6), 5 (4) and 13 (2);

(

h) prescribing

emergency personnel for the purposes of clause 6 (

b) and prescribing persons to

whom the prohibitions in

section 4 and 5 do not apply or circumstances for the

purposes of clause 6 (e);

(

i) governing

the increase in penalties under subsection 14 (2), including prescribing

circumstances that may increase the gravity of an offence for the purposes of

subsection 14 (2) and respecting the amount of the increase or the manner in

which the amount of the increase shall be determined;

(

j) defining

“farm” for the purposes of this Act;

(

k) prescribing

anything that this Act requires or authorizes to be prescribed or to be done in

accordance with the regulations.

Amendment, Commencement and

Short Title

Bill 136 — Provincial

Animal Welfare Services Act, 2019

(1) This

section applies only if Bill 136 ( Provincial Animal

Welfare Services Act, 2019 , introduced on October 29, 2019) receives

Royal Assent.

(2) References in this

section to the provisions of Bill 136 are references to those provisions as

they were numbered in the first reading version of the Bill.

(3) On

the later of the day

section 6 of this Act comes into force and the day

section

5 of Bill 136 comes into force, clause 6 (

c) of this Act is amended by striking

out “an Act relating to animal health or welfare” and substituting “the Provincial Animal Welfare Services Act, 2019 ”.

Commencement

24 This Act comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short

title

25 The

short title of this Act is Security

from Trespass and Protecting Food Safety Act, 2020 .

Bill 156 Original (PDF)

EXPLANATORY

NOTE

The

Bill is intended to protect farm animals, the food supply, farmers and others

from risks that are created when trespassers enter places where farm animals

are kept or when persons engage in unauthorized interactions with farm

animals. The risks include the risk of exposing farm animals to disease and

stress, as well as the risk of introducing contaminants into the food supply.

Animal

protection zones are defined in

section 2 of the Bill as areas on farms, animal

processing facilities and other prescribed premises on which farm animals may

be kept or located. Subsections 4 (1), (2) and (3) prohibit persons from

entering in or on the animal protection zones without the prior consent of the

owner or occupier of the farm, facility or premises. Subsection 4

(4) prohibits persons from interfering or interacting with farm animals in or on

the animal protection zones or from carrying out prescribed activities in or on

the animal protection zones without the prior consent of the owner or occupier

of the farm, facility or premises.

Section 5 prohibits persons from

interfering with a motor vehicle that is transporting farm animals and from

interfering or interacting with the farm animals in the motor vehicle without

the prior consent of the driver of the motor vehicle.

The

Bill provides that a consent is invalid if it is obtained using duress or under

false pretences.

Section

7 allows the owner or occupier of a farm, animal processing facility or

prescribed premises to take certain actions in situations where a person

trespasses on an animal protection zone, or does any of the things prohibited

section

Section 8 sets out the actions that the driver of a motor

vehicle transporting farm animals may take in situations where a person does

anything prohibited by

section

Section

14 sets the maximum fine at $15,000 for a first offence under the Act and

$25,000 for subsequent offences. That fine may be increased by a court in

certain prescribed circumstances that increase the gravity of the offence.

Section

15 provides that, if a person is found guilty of an offence under the Act, the

court may, in addition to imposing a fine under the Act, require the person

found guilty to pay restitution to the owner or occupier of a farm, animal

processing facility or prescribed premises or to the driver of a motor vehicle

for any injury, loss or damages suffered as a result of the commission of the

offence.

Section

20 sets out a two-year limitation period for the commencement of proceeding for

an offence under the Act. The two-year period begins on the later of the day

the offence was committed or the day on which evidence of the offence first

came to the attention of a police officer.

The

Bill sets out various provisions relating to the application and enforcement of

the Act and the power to make regulations.

Bill 156 2019

Act to protect Ontario’s farms and farm animals from trespassers

and other forms of interference and to prevent contamination of Ontario’s food supply

CONTENTS

Purposes,

Definitions and

Application

Purposes

Definitions

Application

Protecting Farm Animals from

Trespass and Interference

Prohibitions

re trespass, etc.

Prohibition

re transportation of farm animals

Exceptions,

law enforcement, etc.

Responses

by owner, occupier

Responses

by driver

Reasonable

force

Delivery

of arrested person to police

Prohibition,

interference

Arrest

by police officers without warrant

Offences and Penalties

Offences

Penalties

Restitution

for damages

Costs

of prosecution

Fines

with restitution

Enforcement

of restitution order

General

Limited

liability

Limitation

on proceedings

Common

law rights not affected

Regulations

Amendment, Commencement and

Short Title

Bill

136 — Provincial Animal Welfare Services Act, 2019

Commencement

Short

title

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Purposes,

Definitions and Application

Purposes

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.

Definitions

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 délevage”)

“Minister”

means the Minister of Agriculture, Food and Rural Affairs or any other member

of the Executive Council to whom responsibility for the administration of this

Act is assigned or transferred under the Executive Council

Act ; (“ministre”)

“motor

vehicle” means a motor vehicle as defined in the Highway

Traffic Act ; (“véhicule automobile”)

“occupier”

means, with respect to a farm or animal processing facility,

(

a) a

person who is in physical possession of the farm or facility,

(

b) a

person who has responsibility for and control over the condition of the farm or

facility, the activities carried out on the farm or facility or the persons who

are allowed to enter the farm or facility, or

(

c) a

person prescribed by the regulations; (“occupant”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“prescribed

premises” means premises at which farm animals are kept that are prescribed for

the purposes of subsection 4 (3); (“lieu prescrit”)

“regulation”

means a regulation made under this Act. (“règlement”)

Application

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.

Protecting Farm Animals from Trespass and Interference

Prohibitions

re trespass, etc.

Animal

farms

(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.

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.

implied consent

(5) For

the purposes of subsections (1), (2), (3) and (4), prior consent of an owner or

occupier shall not be inferred by a person seeking to enter in or on an animal protection

zone referred to in those subsections, or to interfere or interact with a farm

animal or carry out a prescribed activity in or on the animal protection zone, solely

on the basis that,

(

a) the

owner or occupier has not prohibited the person directly, orally or in writing,

from entering the animal protection zone, from interfering or interacting with

a farm animal or carrying out the prescribed activity or has not otherwise

objected to the person’s presence; or

(

b) no

signs have been erected on the farm, animal processing facility or prescribed premises

to restrict or prohibit the entry in or on the animal protection zone or the

interference, interaction or prescribed activity.

Consent

under duress, false pretences

(6) For

the purposes of subsections (1), (2), (3) and (4), consent to entering in or on

an animal protection zone, to interfering or interacting with farm animals or

to carrying out prescribed activities is invalid if it is obtained from the

owner or occupier of the relevant farm, animal processing facility or prescribed

premises using duress or under false pretences and a consent so obtained shall

be deemed not to have been given.

Animal

protection zone signs

(7) No

person shall deface, alter, damage or remove any signs that have been posted on

a farm, animal processing facility or prescribed premises to demarcate an

animal protection zone or to prohibit or regulate access to or activities

carried out in or on animal protection zones.

Non-application

of Trespass to Property Act

(8) The

Trespass to Property Act does not apply to animal

protection zones to which this

section applies.

Prohibition

re transportation of farm animals

(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.

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 pretences and a consent so obtained

shall be deemed not to have been given.

Exceptions,

law enforcement, etc.

6 The prohibitions in sections 4 and 5 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 appointed under the Municipal Act, 2001 , the

City of Toronto Act, 2006 , an

Act relating to animal health or welfare or any other Act of Ontario or

Canada to exercise a power and who is acting in the course of their duties;

(

d) a

person acting pursuant to the Labour Relations Act, 1995

or the Agricultural Employees Protection Act, 2002 or

a person doing anything in connection with a lockout or a strike if the person

is permitted to do so by law; or

(

e) any

other person prescribed by the regulations acting in the circumstances that are

prescribed by the regulations.

Responses

by owner, occupier

(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 4 (1), (2) or (3), or doing anything in contravention of subsection

4 (4) or (7) may,

(

a) request

that the person provide his or her name and address;

(

b) if

the person is doing anything in contravention of subsection 4 (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.

Compliance

with request

(2) A

person who receives a request under clause (1) (

b) or (

c) shall comply promptly

with the request.

Prohibition:

false or misleading information

(3) No

person shall provide false or misleading information in response to a request

for the person’s name and address made under clause (1) (a).

Arrest

by other person

(4) An

arrest under clause (1) (

d) may be carried out by a person authorized by the

owner or occupier of a farm, animal processing facility or prescribed premises,

as the case may be, to do so on his or her behalf.

Responses

by driver

(1) The driver of a motor vehicle transporting

farm animals whose vehicle is stopped, hindered, obstructed or otherwise

interfered with in contravention of subsection 5 (1) or who finds a person interfering

or interacting with a farm animal being transported by the motor vehicle in

contravention of subsection 5 (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.

Reasonable

force

9 The owner or occupier of a farm, animal processing facility

or prescribed premises, or any other person who carries out an arrest under

section

7, may use only such force as is necessary and reasonable in the circumstances

to carry out the arrest.

Delivery

of arrested person to police

(1) Where a person is arrested under

section 7,

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 .

Prohibition,

interference

11 No person shall or shall attempt to stop, hinder, obstruct

or otherwise interfere with,

(

a) the

arrest of a person under

section 7; or

(

b) the

delivery of an arrested person to a police officer under subsection 10 (1).

Arrest

by police officers without warrant

(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 4 (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 5 (1); or

(

c) any

person found interfering or interacting with a farm animal being transported by

a motor vehicle contrary to subsection 5 (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 that the person has committed an

offence under subsection 4 (1), (2), (3), (4) or (7) or 5 (1) or (2) and has

recently departed the place where the offence was committed and,

(

a) the

person refuses to give the police officer his or her name and address; or

(

b) the

police officer believes on reasonable and probable grounds that the name or

address given by the person is false or misleading.

Offences and Penalties

Offences

(1) Every person who contravenes any of the

following provisions is guilty of an offence:

1. Subsection

4 (1), (2), (3) or (4).

2. Subsection

4 (7).

3. Subsection

5 (1) or (2).

4. Subsection

7 (2) or (3).

5. Subsection

8 (2).

Section

Consent

under duress, false pretences

(2) Any

person who uses duress or false pretences 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 4 (1), (2), (3) or (4) or 5 (2) is

guilty of an offence.

Onus

of proof

(3) In

the prosecution of an offence under subsection 4 (1), (2), (3) or (4) or 5 (2),

(

a) the

consent of the owner or occupier of the farm, animal processing facility or

prescribed premises or the consent of the driver of the motor vehicle transporting

a farm animal, as the case may be, is presumed not to have been given; and

(

b) the

onus is on the person charged with the offence to prove on the balance of

probabilities that he or she obtained the consent of the owner or occupier or the

consent of the driver, as the case may be, before engaging in the conduct that

he or she is accused of doing without consent.

Same,

sign

(4) For

the purposes of subsection (3), consent is sufficiently proven if the defendant

establishes on the balance of probabilities that,

(

a) a

sign was posted at or near the animal protection zone on the farm, animal

processing facility or prescribed premises authorizing persons to enter in or

on the animal protection zone or authorizing the interference or interaction

with farm animals or the carrying out of the prescribed activity in or on the

animal protection zone; and

(

b) the

defendant reasonably believed that the sign authorized the defendant to enter

the animal protection zone on the farm, animal processing facility or

prescribed premises or to interfere or interact with the farm animal or to carry

out the prescribed activity in or on the animal protection zone.

Colour

of right as defence

(5) It

is a defence to a charge of contravening subsection 4 (1), (2), (3), (4) or

(7) that the person charged reasonably believed that he or she had title to or other

legal interest in an animal protection zone on the farm, animal processing

facility or prescribed premises that entitled him or her to enter the animal protection

zone or to do anything that is prohibited under subsection 4 (4) or (7).

Same,

s. 5 (2)

(6) It

is a defence to a charge of contravening subsection 5 (2) that the person

charged reasonably believed that he or she had title to or other legal interest

in the farm animal that entitled him or her to interfere or interact with the

farm animal.

Use of motor vehicle

(7) If

a motor vehicle is used to commit an offence under paragraph 1 or 3 of

subsection (1), the driver of the motor vehicle is guilty of an offence under

this Act.

Motor vehicle owner and driver liable

(8) If

the driver of a motor vehicle that is used to commit an offence under paragraph

1 or 3 of subsection (1) is not the owner of the motor vehicle, then, upon the

driver being found guilty of the offence, both the driver and the owner of the

motor vehicle shall be held jointly and severally liable to pay the fine payable

for the offence under

section 14 unless, at the time the offence was committed,

the motor vehicle was in the driver’s possession without the consent of the

owner.

Penalties

(1) A person who is found guilty of an offence

under subsection 13 (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 4 (1), (2), (3), (4) or (7) or 5 (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.

Restitution

for damages

(1) If a person is found guilty of an offence as

a result of a contravention of subsection 4 (1), (2), (3), (4) or (7) or 5

(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.

Same

(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, loss or damage that are the object of the restitution order are readily

ascertainable.

Civil

action

(3) A

restitution order made under subsection (1) extinguishes the right of the

person who suffered the injury, loss or damage to bring a civil action for

damages against the person found guilty of the offence based on the same facts

that led to the conviction for the offence unless,

(

a) the

amount of damages ordered by the court in the restitution order is less than

the value of the injury, loss or damage actually suffered by the person; and

(

b) at

the time the restitution order was made, the court could not have reasonably

known the extent of the injury, loss or damage.

Same

(4) The

failure of a prosecutor to request a restitution order under subsection (1) or

a refusal by a court to make the order does not affect a right to bring a civil

action for damages arising out of the same facts.

Same

(5) If

a civil action for damages is brought against a person for the tort of

trespassing based on the same facts that resulted in the person being found

guilty of an offence under this Act, the conviction under this Act shall be sufficient

proof of the liability of the person in tort and the only issue to be

determined in the civil action shall be the quantum of damages for the tort.

Costs

of prosecution

16 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.

Fines

with restitution

17 A restitution order under

section 15 or 16 may be made in

addition to any fine imposed under

section 14.

Enforcement

of restitution order

18 A restitution order made under

section 15 or 16 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.

General

Limited

liability

(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 interfering or

interacting with a farm animal being transported on a motor vehicle, the driver

of the motor vehicle shall not be liable for any injury, loss or damages

suffered by that person unless,

(

a) the

driver 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 driver with wilful

or reckless disregard for the presence of the person.

Power

to arrest

(3) Nothing

in subsection (1) or (2) shall affect the right of an owner or occupier of a

farm, animal processing facility or prescribed premises or of any other person to

carry out an arrest under

section 7, subject to the requirements set out in

section

Limitation

on proceedings

(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.

Common

law rights not affected

21 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.

Regulations

22 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 purposes of clause (

c) of the definition of

“occupier” in

section 2;

(

e) exempting

farms, animal processing facilities and prescribed premises from the

application of all or part of this Act for the purposes of

section 3;

(

f) prescribing

premises at which farm animals are kept for the purposes of subsection 4 (3);

(

g) governing

interferences and interactions with farm animals that are prohibited under

subsection 4 (4) or 5 (2) including restricting, limiting or clarifying the

types of actions or gestures that are considered to be interferences or

interactions for the purposes of those subsections;

(

h) prescribing

emergency personnel for the purposes of clause 6 (

b) and prescribing persons to

whom the prohibitions in

section 4 and 5 do not apply or circumstances for the

purposes of clause 6 (e);

(

i) governing

the increase in penalties under subsection 14 (2), including prescribing

circumstances that may increase the gravity of an offence for the purposes of

subsection 14 (2) and respecting the amount of the increase or the manner in

which the amount of the increase shall be determined;

(

j) defining

“farm” for the purposes of this Act;

(

k) prescribing

anything that this Act requires or authorizes to be prescribed or to be done in

accordance with the regulations.

Amendment, Commencement and

Short Title

Bill

136 — Provincial Animal Welfare Services Act, 2019

(1) This

section applies only if Bill 136 ( Provincial Animal Welfare Services Act, 2019 , introduced

on October 29, 2019) receives Royal Assent.

(2) References

in this

section to the provisions of Bill 136 are references to those

provisions as they were numbered in the first reading version of the Bill.

(3) On the later of the day

section

6 of this Act comes into force and the day

section 5 of Bill 136 comes into

force, clause 6 (

c) of this Act is amended by striking out “an Act relating to

animal health or welfare” and substituting “the Provincial

Animal Welfare Services Act, 2019 ”.

Commencement

24 This Act comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short

title

25 The

short title of this Act is Security

from Trespass and Protecting Food Safety Act, 2019 .

Date Bill stage Event Outcome Committee

June 18, 2020

Royal Assent

Royal Assent received

June 17, 2020

Third Reading

Vote

Carried on division

June 16, 2020

Third Reading

Deferred vote

June 16, 2020

Third Reading

Debated

June 16, 2020

Second Reading

Ordered for Third Reading pursuant to the Order of the House

June 16, 2020

Second Reading

Reported as amended

June 12, 2020

Second Reading

Consideration of a Bill

Standing Committee on General Government

June 9, 2020

Second Reading

Consideration of a Bill

Standing Committee on General Government

June 8, 2020

Second Reading

Consideration of a Bill

Standing Committee on General Government

June 2, 2020

Second Reading

Motion to arrange proceedings

March 19, 2020

Second Reading

Time allocation rescinded

March 11, 2020

Second Reading

Time allocated

March 9, 2020

Second Reading

Ordered referred to Standing Committee

Standing Committee on General Government

March 9, 2020

Second Reading

Discharge the Order of referral to Committee

March 4, 2020

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

March 4, 2020

Second Reading

Vote

Carried on division

March 4, 2020

Second Reading

Debated

February 20, 2020

Second Reading

Debated

February 20, 2020

Second Reading

Debated

February 18, 2020

Second Reading

Debated

December 11, 2019

Second Reading

Debated

December 10, 2019

Second Reading

Debated

December 2, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

December 2, 2019

Committee

Second Reading

December 10, 2019

Principal Debaters :

Hon. Ernie Hardeman, Mr. Randy Pettapiece, Mr. Toby Barrett, Mr. John Vanthof

Questions and Comments :

Ms. Goldie Ghamari, Mr. Dave Smith, Mr. Stephen Crawford, Mr. Robert Bailey

December 11, 2019

Principal Debaters :

Ms. Goldie Ghamari, Mr. Taras Natyshak

Questions and Comments :

Mr. Dave Smith, Ms. Teresa J. Armstrong, Hon. Lisa MacLeod, Miss Monique Taylor, Mr. John Vanthof, Mr. Jeremy Roberts, Mr. Rudy Cuzzetto, Mr. Vincent Ke, Mr. Amarjot Sandhu

February 18, 2020

Principal Debaters :

Mr. Robert Bailey, Ms. Catherine Fife, Mrs. Belinda C. Karahalios, Mr. Gurratan Singh, Mr. Lorne Coe

Questions and Comments :

Mr. John Vanthof, Ms. Goldie Ghamari, Mr. Norman Miller, Mrs. Robin Martin, Hon. Lisa M. Thompson, Mr. Toby Barrett, Mr. Sol Mamakwa, Mr. Dave Smith, Ms. Jane McKenna, Mr. Paul Miller, Ms. Donna Skelly

February 20, 2020

Principal Debaters :

M. Guy Bourgouin, Mr. Jeff Burch, Mr. Jim McDonell, Ms. Andrea Khanjin, Ms. Lindsey Park, Mr. Dave Smith, Hon. Bill Walker, Mr. Gilles Bisson, Ms. Teresa J. Armstrong, Hon. Laurie Scott

Questions and Comments :

Mrs. Nina Tangri, Mr. John Vanthof, Ms. Christine Hogarth, Mr. Logan Kanapathi, Mr. Aris Babikian, Mr. Percy Hatfield, Mrs. Nina Tangri, Ms. Peggy Sattler, Mr. Mike Harris, Mr. Randy Pettapiece, Mr. Lorne Coe, Mr. Deepak Anand, Mr. Aris Babikian, Hon. Prabmeet Singh Sarkaria

February 20, 2020 (Continued)

March 4, 2020

Principal Debaters :

Hon. Steve Clark

Questions and Comments :

Mr. Sam Oosterhoff, Mr. Gilles Bisson, Ms. Catherine Fife, Mr. Mike Harris, Ms. Parm Gill

Vote deferred

March 4, 2020

Carried on recorded division. Referred to the Standing Committee on Justice Policy.

March 9, 2020

Order of referral to Standing Committee on Justice Policy discharged. Referred to the Standing Committee on General Government.

Time Allocation

March 10, 2020

Hon. Paul Calandra, Mr. Gilles Bisson, Hon. Ernie Hardeman, Miss Monique Taylor, Mr. Toby Barrett, Ms. Catherine Fife, Mr. Randy Pettapiece, Mr. John Vanthof

Vote deferred.

Time Allocation

March 11, 2020

Carried on recorded division.

Motion to Arrange Proceedings

March 19, 2020

The order of the House allocating time rescinded.

Motion to Arrange Proceedings

May 27, 2020

Ms. Andrea Khanjin, Ms. Peggy Sattler

June 2, 2020

Mr. John Fraser, Mr. Sam Oosterhoff, Mr. Gilles Bisson, Mr. Vijay Thanigasalam

Vote deferred

June 2, 2020

Carried on recorded division.

Committee

Standing Committee on General Government

June 8, 2020

June 9, 2020

June 12, 2020

June 16, 2020

Reported to the House as amended. Ordered for third reading pursuant to the orderd of the House.

Third Reading

June 16, 2020

Principal Debaters :

Hon. Ernie Hardeman, Mr. Randy Pettapiece, Mr. Gurratan Singh, Mr. John Vanthof, Mr. Mike Schreiner, Mr. Daryl Kramp, Mr. Toby Barrett

Questions and Comments :

Mr. Percy Hatfield, Mrs. Gila Martow, Mr. Rick Nicholls, Mr. Jamie West, Hon. Paul Calandra, Ms. Jessica Bell, Mr. Gilles Bisson, Mr. Dave Smith, Mr. Robert Bailey, Mr. Rudy Cuzzetto, Mr. Michael Parsa, Ms. Marit Stiles, Ms. Goldie Ghamari, Ms. Rima Berns-McGown, Ms. Doly Begum, Mr. Guy Bourgouin

Vote deferred.

June 17, 2020

Carried on recorded division.

Royal Assent

Thursday, June 18, 2020

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