Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)

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THURSDAY, MAY 18, 2006

Afternoon Sitting

Volume 12, Number 7

Committee of Supply 5067
Estimates: Ministry of Public Safety and Solicitor General (continued)

M. Sather
Hon. J. Les
B. Ralston
G. Gentner
C. Trevena
G. Robertson
C. Evans
C. Wyse
J. Brar

B. Ralston: I have several questions that concern the enforcement of the Prevention of Cruelty to Animals Act, which is the responsibility of the minister's ministry. First, if I might begin, the SPCA enforces the act on behalf of the government. I don't think it's a formal act of delegation, but they do enforce and administer the act.

I have received representations — and I'm sure members on the government side have received representation — that the compensation to the society for carrying out the duties on behalf of the government, of enforcing the act, is inadequate. Has the minister taken a position, or is he prepared to share his views as to whether or not he's prepared to consider responding to this request and expanding the amount of cash that is directed to the SPCA to enforce the Prevention of Cruelty to Animals Act?

Hon. J. Les: I hate to disappoint the member opposite, but the operation of the act in question does not actually fall under this ministry. It falls under the Ministry of Agriculture and Lands. The only aspect of it that we have anything to do with in this ministry is the appointment of special constables. That is the entire involvement of my ministry in the operations of the SPCA.

B. Ralston: Well, perhaps I've been misinformed as to the jurisdictional difference, but are members of the SPCA delegated as special constables in order to enforce the act? That's my understanding — that that's the mechanism that enables the SPCA…. Certainly, the view in the community and in the province is that the SPCA is delegated to enforce the Prevention of Cruelty to Animals Act.

Hon. J. Les: It's actually under section 9 of the Police Act that we draw our ability from to appoint these special constables in the case of the SPCA. The Prevention of Cruelty to Animals Act contains no provisions for the Ministry of Agriculture to appoint these special constables. One of the roles we fulfil is to ensure that these special constables are appropriately trained when they are appointed, and that there's an appropriate process in place in the case of any complaints.

B. Ralston: I apologize, then, to the minister for proceeding with the wrong act. Just so that we're clear, this section of the Police Act falls within the jurisdiction of the Solicitor General, and SPCA bodies are delegated under the terms of this section under the Police Act to carry out the enforcement of the Prevention of Cruelty to Animals Act — is that correct?

Hon. J. Les: I might not have been clear in my original answer. The powers to investigate are, in fact, found in the Prevention of Cruelty to Animals Act, but the additional powers those officers need to obtain search warrants, for example, flow from section 9 of the Police Act.

B. Ralston: Then I am correct in saying that enforcement of the act — in the sense of entering onto property, with or without a warrant, to seize animals, take custody of animals, proceed to court and make recommendations to Crown counsel — is a jurisdiction that falls under your jurisdiction as minister.

Hon. J. Les: Again, hopefully, I can be clear about this. Their mandate flows from the act which the member has referred to — the Prevention of Cruelty to Animals Act. What they apply for under section 9 of the Police Act is peace officer status, which allows them access to the courts to gain enforcement powers that may be necessary in terms of seizing animals, etc.

B. Ralston: I suppose the unusual feature of the way in which the enforcement of this act is arranged is that it gives to a society what are basically the usual powers attributed to agents of the state, such as police officers.

What appears clear, and I'm sure members on both sides of the House have received complaints about it, is the lack of an independent mechanism to deal with or investigate complaints about the manner in which the act is being enforced by, in particular, the SPCA.

I've received some representations from a number of groups. I won't go into specific cases here, because I don't have the time to, but would the minister consider establishing a consultative committee to engage stakeholder groups in evaluating how the enforcement of the Prevention of Cruelty to Animals Act could be improved and reformed?

Hon. J. Les: Just briefly, as I see the bells are ringing, the powers of these special constables that flow from section 9 of the Police Act are, in fact, investigated by my ministry when complaints arise. Any other matters that arise from their duties as laid out in the Prevention of Cruelty to Animals Act are in the purview of the Ministry of Agriculture.

The member has suggested that it may be worthwhile to review that entire matter, and I certainly would be open to doing that at some point in time.