O. Reg. 60/09: STANDARDS OF CARE


Published: 2009-02-25

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ONTARIO REGULATION 60/09

made under the

ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS ACT

Made: February 24, 2009
Filed: February 25, 2009
Published on e-Laws: February 25, 2009
Printed in The Ontario Gazette: March 14, 2009

STANDARDS OF CARE

Application

1. (1) The basic standards of care applicable to all animals are set out in section 2.

(2) In addition to the basic standards of care applicable to all animals set out in section 2,

(a) standards of care specific to dogs that live primarily outdoors are set out in section 3; and

(b) standards of care specific to wildlife kept in captivity are set out in sections 4 and 5.

(3) In addition to the basic standards of care applicable to all animals set out in section 2 and the standards of care specific to wildlife kept in captivity set out in sections 4 and 5, the standards of care specific to primates kept in captivity are set out in section 6.

(4) A requirement that a standard of care be adequate and appropriate or necessary is a requirement that the standard of care be adequate and appropriate or necessary to the specific animal, having regard to its species, breed and other relevant factors.

Basic standards of care for all animals

2. (1) Every animal must be provided with adequate and appropriate food and water.

(2) Every animal must be provided with adequate and appropriate medical attention.

(3) Every animal must be provided with the care necessary for its general welfare.

(4) Every animal must be transported in a manner that ensures its physical safety and general welfare.

(5) Every animal must be provided with an adequate and appropriate resting and sleeping area.

(6) Every animal must be provided with adequate and appropriate,

(a) space to enable the animal to move naturally and to exercise;

(b) sanitary conditions;

(c) ventilation;

(d) light, and;

(e) protection from the elements, including harmful temperatures.

(7) If an animal is confined to a pen or other enclosed structure or area,

(a) the pen or other enclosed structure or area, and any structures or material in it, must be in a state of good repair;

(b) the pen or other enclosed structure or area, and any surfaces, structures and materials in it, must be made of and contain only materials that are,

(i) safe and non-toxic for the animal, and

(ii) of a texture and design that will not bruise, cut or otherwise injure the animal; and

(c) the pen or other enclosed structure or area must not contain one or more other animals that may pose a danger to the animal.

(8) Every animal that is to be killed must be killed by a method that is humane and minimizes the pain and distress to the animal; an animal’s pain and distress are deemed to be minimized if it is killed by a method that produces rapid, irreversible unconsciousness and prompt subsequent death.

Standards of care for dogs that live outdoors

3. (1) Every dog that lives primarily outdoors must be provided with a structurally sound enclosure for its use at all times.

(2) The enclosure must be weather-proofed and insulated.

(3) The size and design of the enclosure must be adequate and appropriate for the dog.

(4) A chain, rope or similar restraining device used to tether a dog that lives primarily outdoors,

(a) must be at least three metres long;

(b) must allow the dog to move safely and unrestricted (except by its length); and

(c) must allow the dog to have access to adequate and appropriate water and shelter.

Standards of care for captive wildlife

4. (1) Wildlife kept in captivity must be provided with adequate and appropriate care, facilities and services to ensure their safety and general welfare as more specifically set out in subsections (2) and (3) of this section and in sections 5 and 6.

(2) Wildlife kept in captivity must be provided with a daily routine that facilitates and stimulates natural movement and behaviour.

(3) Wildlife kept in captivity must be kept in compatible social groups to ensure the general welfare of the individual animals and of the group and to ensure that each animal in the group is not at risk of injury or undue stress from dominant animals of the same or a different species.

Standards for enclosures for captive wildlife

5. (1) A pen or other enclosed structure or area for wildlife kept in captivity must be of an adequate and appropriate size,

(a) to facilitate and stimulate natural movement and behaviour;

(b) to enable each animal in the pen or other enclosed structure or area to keep an adequate and appropriate distance from the other animals and people so that it is not psychologically stressed; and

(c) to ensure that the natural growth of each animal in the pen or other enclosed structure or area is not restricted.

(2) A pen or other enclosed structure or area for wildlife kept in captivity must have,

(a) features and furnishings that facilitate and stimulate the natural movement and behaviour of each animal in the pen or other enclosed structure or area;

(b) shelter from the elements that can accommodate all the animals in the pen or other enclosed structure or area at the same time;

(c) surfaces and other materials that accommodate the natural movement and behaviour of each animal in the pen or other enclosed structure or area;

(d) one or more areas that are out of view of spectators; and

(e) one or more sleeping areas that can accommodate all the animals in the pen or other enclosed structure or area at the same time and that are accessible to all the animals at all times.

(3) A pen or other enclosed structure or area for wildlife kept in captivity must be made of and contain only materials that are,

(a) safe and non-toxic for the animals kept in the pen or other enclosed structure or area; and

(b) of a texture and design that will not bruise, cut or otherwise injure the animals.

(4) A pen or other enclosed structure or area for wildlife kept in captivity and any gates or other barriers to it, including moats, must be designed, constructed and locked or otherwise secured to prevent,

(a) interaction with people that may be unsafe or inappropriate for the wildlife;

(b) animals escaping from the pen or other enclosed structure or area by climbing, jumping, digging, burrowing or any other means; and

(c) animals or people (other than people who are required to enter the enclosure as part of their duties) from entering the pen or other enclosed structure or area by climbing, jumping, digging, burrowing or any other means.

(5) A pen or other enclosed structure or area for wildlife kept in captivity and any gates or other barriers to it, including moats, must be designed, constructed and maintained in a manner that presents no harm to the wildlife.

Standards of care for captive primates

6. Every primate kept in captivity must be provided with,

(a) daily interaction with a person having custody or care of the primate;

(b) a varied range of daily activities, including foraging or task-oriented feeding methods; and

(c) interactive furnishings, such as perches, swings and mirrors.

Commencement

7. This Regulation comes into force on the later of March 1, 2009 and the day this Regulation is filed.

Made by:
Pris par :

Le ministre de la Sécurité communautaire et des Services correctionnels,

Rick Bartolucci

Minister of Community Safety and Correctional Services

Date made: February 24, 2009.
Pris le : 24 février 2009.

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