Animal Advocates Watchdog

Gov't committee recommends that SPCA's enforcement records be covered by FOI

The Tyee BC Politics
http://thetyee.ca/Blogs/TheHook/BC-Politics/2011/02/04/AnimalRecords/

BC SPCA left out of FOI coverage, despite recommendations
By Andrew MacLeod February 4, 2011 04:35 pm

As politicians consider giving the B.C. Society for the Prevention of Cruelty to Animals more money in the wake of sled dog killings in Whistler, they might also consider acting on a recommendation to bring the agency under more public oversight.

The SPCA is not subject to the Freedom of Information and Protection of Privacy Act, even though it receives public money and has a legislated regulatory function. Committees recommended in 2004 and 2010 exploring bringing the agency under the province's FOI law.

"[Information about] public money exercised for a public purpose should be accessible," said Vincent Gogolek, executive director for the BC Freedom of Information and Privacy Association. "The recommendation of the special committee seems to make some kind of sense."

In May, 2010, a Special Committee to Review the Freedom of Information and Protection of Privacy Act recommended that access rights for SPCA records be made, but only for records that relate to the society's statutory powers (see below).

Following the news of the killing of 100 healthy sled dogs in Whistler after the Olympics, the B.C. SPCA has reportedly said it is seeking another $1 million in funding and Agriculture Minister Ben Stewart has said funding to the society has quadrupled over the last 10 years.

The Special Committee revisited one case of exclusion first examined by the second statutory review committee, which made the following recommendation in its 2004 Report: Investigate why the B.C. Society for the Prevention of Cruelty to Animals was assigned the dual status of a public body and a non-profit society in the first place and whether there is a case for clarifying or even changing its status.

During the consultation process, the Special Committee was informed by the Ministry of Citizens’ Services that its investigation has determined that the BCSPCA does not meet the criteria for a public body under FIPPA, although it does have some regulatory responsibilities under the Prevention of Cruelty to Animals Act. According to the Ministry, the BCSPCA does not have dual status; it is a not for-profit society that acts in part under statute.

Despite this decision, we share the view of the previous committee that the Society qualifies as a public body in terms of having statutory authority to enforce laws relating to animal cruelty, and by virtue of receiving a small annual grant ($75,000) from the Ministry of Agriculture and Lands for the training of animal cruelty investigators. For this reason, we endorse the plea from the Animal Rights Coalition for access to the records pertaining to the status of animals seized by BCSPCA agents.

AAS comment: According to the BC NDP's website, after the 2009 provincial election, the training grant ($72,500) was discontinued. http://www.bcndpcaucus.ca/en/reality_check_bc_spca_s_funding_slashed_by_b_c_liberals

Recommendation 3:

Include the British Columbia Society for the Prevention of Cruelty to Animals, by using definition (b) of public body in Schedule 1 that makes provision for adding an “other body” by regulation to Schedule 2; and add the proviso that access rights pertain only to those records that relate to this Society’s statutory powers.

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