April 12 2007 File: 148600

Dear Ms. Gooch:

Thank you for your e-mail of March 11, 2007 addressed to the Honourable Pat Bell, Minister of Agriculture and Lands; and the Honourable John Les, Minister of Public Safety and Solicitor General. Minister Bell has asked me to respond to your e-mail regarding the British Columbia Society for the Prevention of Cruelty to Animals (BCSPCA).

The BCSPCA is a private, non-governmental organization. It is given authority under the Prevention of Cruelty to Animals Act to assist animals that are in distress and to investigate alleged offences. The BCSPCA’s statutory enforcement powers are subject to specific oversight mechanisms to help ensure they are exercised in a manner that respects individual rights and freedoms. Those oversight mechanisms:

* require the Society to send copies of all bylaws relating to enforcement to the Minister of Agriculture and Lands, and authorizes the Lieutenant Governor in Council to disapprove any such bylaw;
* limit access to the Act’s enforcement powers to authorized agents of the Society who are also appointed as special provincial constables under the Police Act;
* require enforcement officers to obtain warrants before entering private property; and
reserve the decision to lay charges under the Act or other legislation to provincial Crown Counsel.

In addition, a person aggrieved by the actions of an enforcement officer may make a complaint to Police Services Division of the Ministry of Public Safety and Solicitor General. The procedure for making a complaint is set out in the Special Provincial Constable Complaints Procedure Regulation under the Police Act.

The Province is satisfied that the BCSPCA is properly exercising its powers, and that the Act’s oversight mechanisms are working effectively.

In all respects other than exercise of the Act’s enforcement powers, the BCSPCA’s activities are private matters between itself and its members. Private organizations, such as the BCSPCA and your own, are free to arrange their relations and conduct their business as they see fit. It is worth noting that the BCSPCA has been operating in British Columbia since 1895. The BCSPCA’s success and longevity is an indication that it is broadly supported by its members and that it is responsive to their concerns.

Thank you for taking the time to share your views.

Sincerely,

Mark Parsons
Director
Governance and Legislation Branch