Ontario Regulation 374/24, made under the Security from Trespass and Protecting Food Safety Act, 2020, introduces amendments aimed at clarifying and refining existing regulations. These changes build on the provisions of Ontario Regulation 701/20 and seek to improve the protection of farm animals, food safety, and the rights of farmers against trespass.

The regulation includes clearer definitions regarding what constitutes harm to a farm animal and to individuals. Specifically, harm to a farm animal does not include actions performed in accordance with generally accepted agricultural practices. Similarly, harm to an individual does not apply to journalists or other specified individuals disseminating information gathered in an animal protection zone, establishing a framework that differentiates between lawful agricultural practices and actions that may be considered harmful or intrusive.

Animals used exclusively in petting zoos or circuses are explicitly excluded from the definition of “farm animals,” recognizing the different contexts in which these animals are kept and managed. A new provision also addresses the issue of false representations; individuals who provide false statements to farmers, animal processing facilities, or drivers transporting farm animals can be deemed to have obtained consent under false pretenses. This includes any misrepresentation of legal rights, willingness to comply with biosecurity protocols, or qualifications related to handling animals or food safety, aiming to deter deceptive practices that could jeopardize animal welfare or food safety.

Furthermore, the regulation sets specific rules for journalists, requiring them to leave the premises immediately if asked by the owner or occupier of a farm or facility, even if they have not completed their information-gathering activities. Amendments were also made to the reporting obligations concerning illegal activities; the regulation now specifies that individuals must report patterns of illegal activities related to animal harm or food safety, emphasizing the importance of timely reporting while recognizing the complexities involved.

Moreover, all individuals involved in information gathering must comply with requests to leave the premises when asked by the property owner or occupier, ensuring that the privacy and rights of farmers are respected and that interference with farming operations is minimized. By defining and limiting the scope of acceptable practices, the regulation aims to create a safer environment for both farm animals and the farmers responsible for their care, while also strengthening the legal framework against trespassing and misleading practices that can disrupt agricultural operations.

The emphasis on immediate compliance for journalists and others indicates a push towards protecting farmers’ rights while allowing for necessary transparency and accountability in the agricultural sector. These changes are expected to foster better relationships between farmers, the media, and the public, promoting ethical practices in agriculture and food production.

Ontario (374/24) October 12, 2024