|
PAWS (Provincial Animal Welfare Services Act)
Legal Guide
Ch.9 - Offences- Overview
- Minor Offences
(a) Minor Offences Listed
(b) Penalties for Minor Offences
- Major Offences
(a) Major Offences Listed
(b) Penalties for Major Offences
(c) Minimum Penalties for Certain Offences
- Corporate Officers and Directors
- Ancillary Orders
(a) Convictions to Which Ancillary Orders Apply
(b) Prohibition Orders
(c) Restitution Orders
(d) Other Orders
- Limitation Period
- Orca Offences and Orca Orders
1. Overview
There are two types of penalties under PAWS, traditional 'offence' provisions - which are akin to criminal charges although prosecuted under the Provincial Offences Act (POA), and the more modern 'administrative penalties' which are administrative (ie. non-court) fines. This chapter is about the offence provisions.
All the offences are 'regulatory' offences and do not require that mens rea ('knowingly') be proven for conviction.
2. Minor Offences
(a) Minor Offences Listed
The following contraventions are 'minor' PAWS offences [PAWS 49(1)]:- Standards of care and administrative requirements for animals
See Ch.3, PAWS 13.
- Exposure to undue risk of distress
See Ch.2, PAWS 15(3).
- Restricted animal possession or breeding
See Ch.5, PAWS 20.
- Prescribed activities
See Ch.1, PAWS 21.
- Prescribed procedures
See Ch.1, PAWS 22.
- Prescribed items
See Ch.1, PAWS 23.
- Assisting inspector during inspection
See Ch.6, PAWS 26.
- Subject of demand
See Ch.6, PAWS 27(6).
- Required compliance with order
See Ch.6, PAWS 30(4).
- Change of Ownership
See Ch.6, PAWS 30(6).
- Change of Ongoing Custody
See Ch.6, PAWS 30(7).
- No obstruction
See Ch.6, PAWS 34(7).
- Contravention or failure to comply with an order of the Board
See Ch.7, PAWS 49(1)(b).
- Knowingly provides false or misleading information to the CAWI or to another AWI
PAWS 49(1)(c).
(b) Penalties for Minor Offences
For individuals, on first offence, the penalty is a fine of not more than $75,000, to imprisonment for a term of not more than six months, or to both [PAWS 49(3)(a)].
For individuals, on second or subsequent offences, the penalty is a fine of not more than $100,000, to imprisonment for a term of not more than one year, or to both [PAWS 49(3)(b)].
For corporations, on first offence, the penalty is a fine of not more than $100,000 [PAWS 49(5)(a)].
For corporations, on second or subsequent offence, the penalty is a fine of not more than $250,000 [PAWS 49(5)(b)].
3. Major Offences
(a) Major Offences Listed
The following contraventions are 'major' PAWS offences [PAWS 49(2)]:- Causing distress
See Ch.2, PAWS 15(1).
- Permitting distress
See Ch.2, PAWS 15(2).
- Animal fighting prohibitions
See Ch.2, PAWS 16.
- Harming law enforcement or service animal
See Ch.2, PAWS 17.
- Prohibited animal possession or breeding
See Ch.5, PAWS 18.
- Prohibition on orca possession and breeding
See Ch.5, PAWS 19.
(b) Penalties for Major Offences
For individuals, on first offence, the penalty is a fine of not more than $130,000, to imprisonment for a term of not more than two years, or to both [PAWS 49(4)(a)].
For individuals, on second or subsequent offences, the penalty is a fine of not more than $260,000, to imprisonment for a term of not more than two years, or to both [PAWS 49(4)(b)].
For corporations, on first offence, the penalty is a fine of not more than $500,000 [PAWS 49(6)(a)].
For corporations, on second or subsequent offence, the penalty is a fine of not more than $1,000,000 [PAWS 49(6)(b)].
(c) Minimum Penalties for Certain Offences
A minimum penalty of $25,000 applies to any conviction, by either an individual or a corporation, for the following offences and circumstances [PAW 49(7)]:- Causing distress [PAWS 15(1)] if the conduct that caused distress resulted in either of the following:
. the death of the animal, or
. the euthanization of the animal after a veterinarian determines it is the most humane course of action. - Permitting distress [PAWS 15(2)] if the conduct or omission resulted in either of the following:
. the death of the animal, or
. the euthanization of the animal after a veterinarian determines it is the most humane course of action. - Animal fighting prohibitions.
Contravening the animal fighting prohibitions [PAWS 16(1-2)].
- Harming law enforcement or service animal.
Contravening the harming law enforcement or service animal prohibitions [PAWS 17].
4. Corporate Officers and Directors
Regardless of whether a corporation has been prosecuted or convicted of an offence, "every director or officer of a corporation who authorized, permitted or participated in the corporation’s commission of an offence under this Act is also guilty of the offence and on conviction is liable to the same penalty to which an individual is liable for the offence" [PAWS 49(8)].
5. Ancillary Orders
(a) Convictions to Which Ancillary Orders Apply
Ancillary orders [as set out in (b-d) below] may be ordered by the court in addition to a conviction for all the major offences [see 3(a), above], and also the following minor offences [see 2(a), above]:- Standards of care and administrative requirements for animals
- Exposure to undue risk of distress
- Restricted animal possession or breeding
- Prescribed activities
- Prescribed procedures
- Prescribed items
- Required compliance with order.
(b) Prohibition Orders
An order prohibiting the convicted person and - if the convicted person is a corporation, the directors and officers of the corporation (described in s.4 above) - from owning, having custody or care of, or living with any animal or any kind of animal specified in the order, for any period of time specified in the order, including, in the case of an individual, for the remainder of the person’s life and, in the case of a corporation, forever [PAWS 49(9)].
(c) Restitution Order
An order that the convicted person pay the whole or any part of costs incurred in relation to an animal that was the victim of the offence of which the convicted person was convicted [PAWS 49(10)].
(d) Other Orders
Any other order that the court considers appropriate, including an order that the convicted person undergo counselling or training [PAWS 49(11)].
6. Limitation Period
A prosecution for an offence under this Act shall not be commenced more than two years after the day evidence of the offence first came to the attention of a provincial offences officer [PAWS 50].
7. Orca Offences and Orca Orders
If a person is convicted of possessing an orca in Ontario [an 'orca offence', under PAWS 19], the court shall order the person to remove the orca from Ontario within a period of time specified by the court [an 'orca order'] [PAWS 58(1,2)].
Failure to abide by an orca order is itself an offence [PAWS 58(3)], punishable by:- for an individual, a fine of not more than $260,000 or to imprisonment for a term of not more than two years, or to both [PAWS 58(4)];
- for a corporation, a fine of not more than $1,000,000 [PAWS 58(5)];
- for a director or officer of a corporation "who authorized, permitted or participated in the corporation’s commission" of this offence", regardless of whether the corporation has been prosecuted or convicted, the same penalty to which an individual is liable for the offence [PAWS 58(6)].
If a 'person' [which includes a corporation: Legislation Act, s.87] has been convicted an orca offence, "and if the person continues to possess the orca in Ontario", the CAWI may apply to the "Ontario Court of Justice [under POA 161] for any order necessary to allow the CAWI to cause the orca to be removed from Ontario" [PAWS 59(1)]. Costs of such an order, both legal costs and those incurred "in causing the orca to be removed from Ontario" are payable by the person to the Minister of Finance [PAWS 59(2)].
|
