NFU-O Response to the Proposed Amendments to the Provincial Animal Welfare Services Act (2019)

RE: Regulatory Registry posting # 23-SOLGEN007: Proposed Amendments to the Provincial Animal Welfare Services Act, 2019

The National Farmers Union – Ontario (NFU-O) is an accredited farm organization representing thousands of sustainable farmers in Ontario and has advocated for farmers across Ontario since 1969. Members work together to achieve agricultural policies that ensure dignity and income security for farmers, while protecting and enhancing rural environments for present and future generations. Our diverse membership includes export producers, direct market farmers, livestock producers, specialty crop growers, and farmers who produce supply-managed commodities.

The NFU-O appreciates the opportunity being given to comment on the proposed amendments to the Provincial Animal Welfare Services Act, 2019. The NFU-O membership believes in, supports, and advocates for the humane treatment of all animals, including farmed livestock and poultry. However, we also have concerns about the unwarranted entry of inspectors on farm properties, and the lack of differentiation between animals raised for food and pets within the Act.

Our specific recommendations are as follows:

(1) Improving Cost Recovery and Clarifying and Updating ACRB and Other Processes
Currently, the Act authorizes the service of a Statement of Account on the owner or custodian of an animal where an animal welfare inspector has provided the animal with necessaries to relieve its distress. The costs currently include any costs in relation to the animal if incurred in relation to the specified circumstances.

The NFU-O agrees with the proposed amendment that specifying the types of costs that are recoverable via a Statement of Account issued to an animal owner/custodian by the Chief Animal Welfare Inspector is important to clarify. However, it will be equally important to clarify a cost standard to ensure that the costs incurred by the owner or custodian of the animal are reasonably linked to the cost of production or market value of the animal.

The NFU-O also agrees with the proposed amendment that would enable the ability to prescribe in a regulation under the PAWS Act the timeline for animal owners and custodians to appeal to the ACRB. Extending the timeline beyond the prescribed five business days would provide time for the owner or custodian of an animal to determine their appropriate course of action.

(2) Enhancing and Clarifying Inspector Powers to Improve Animal Welfare Outcomes
An animal welfare inspector currently has the authority to remove an animal from its owner or custodian to relieve its distress if: a) A veterinarian has advised in writing that relieving the animal’s distress requires its removal; b) There are grounds to believe the animal is in distress, but the owner or custodian of the animal is not there and cannot be found quickly; or c) An order has been issued and the animal owner or custodian has not complied.

The ministry is proposing the following amendments to address these issues:
– Permitting the immediate removal of an animal if it is in critical distress.
– Creating a requirement for animal owners and custodians to inform an animal welfare inspector when ownership or custodianship of an animal changes if the animal is subject to an active compliance order.
– Enabling the ability to exclude persons from interviews during inspections, except counsel for the person.

The NFU-O has concerns about the determination of distress and the course of action taken. We feel strongly that a differentiation needs to be made between the raising of animals for food production and the care of a pet such as a cat or dog, within the Act. Once this differentiation is made, there would be the opportunity to better determine alternate courses of action for an animal raised for food that is determined to be in distress.

We strongly recommend that animal welfare inspectors are required to undertake training on agricultural and livestock education, agricultural systems, and best farm practices on the handling, treatment and care of animals raised for food, so that informed decisions can be made regarding the potential removal of livestock and poultry from farms.

As such, the NFU-O recommends that the deadline for the proposed amendments to the Provincial Animal Welfare Services Act, 2019 be extended to allow for further consultation with accredited farm organizations and commodity organizations within the province to arrive at the best outcome for the care, protection, and welfare of livestock animals in Ontario.

Sincerely,

Max Hansgen
President, National Farmers Union – Ontario