The Regulation of Animal Welfare Issues in Canada at Federal, Provincial and Local Levels
By: Siobhan Speiran
The term automaton, coined by Descartes, was applied for centuries to describe the function and life of animals. It compared the bodies of animals to complex machines, aliking their functions and needs to mechanisms using cogs and pistons. The animal became a “replaceable” concept with the use of this mechanical diction, which dehumanized and stripped them of their ability to think, remember, and experience sentience. Over the last century, the term “animal welfare” has emerged in studies of animal biology, referring generally to the livelihood and well being of animals. However, an exact definition of “welfare” is hard to extract. As a topic of great contention, and an emerging field of scientific study, “animal welfare” is a fluid concept, with different parties involved offering their own interpretations suitable to their interest. The first major schools of thought pertaining to welfare studies considered mainly the animal’s physiological state, health, stress levels, and other physically measurable parameters. It is within the last few decades that the consideration of an animal’s individual “feelings” as having an impact on its welfare. Thus, feelings-based approaches to research have shown that animals have the need to express certain fundamental natural behaviours in order to be kept humanely. The Campbell Center for the Study of Animal Welfare (CCSAW), whose mission it is “to promote the welfare of animals through research and education” states that welfare science aims to “investigate the well-being of animals managed by humans…help[ing] to improve animals’ lives in an evidence-based way, as well as touching on fascinating, fundamental biological problems, …assess[ing] the relative humaneness of practices, …[and] validating indicators of animal well-being.” Thus, the Campbell Center approaches animal welfare from a research-front, “collecting behavioural & physiological data to make careful, objective inferences about how animals feel”1 with the aim of finding relief from those aversive conditions.
The Canadian Federation of Humane Societies (CFHS) defines animal welfare in terms of the “Five Freedoms,” which first appeared in a 1965 UK government report, and was further developed by the Farm Animal Welfare Council (see Appendix B). The “Five Freedoms” are the “animal’s primary welfare needs [which] can be met by safeguarding” the freedom from hunger and thirst, from discomfort, from pain, injury, or disease, to express normal behaviour, and from fear and distress.2 The Farm Animal Welfare Council believes, “the welfare of an animal includes its physical and mental state and we consider that good animal welfare implies both fitness and a sense of well-being. Any animal kept by man, must at least, be protected from unnecessary suffering.”3 Having discussed various definitions of animal welfare, this essay aims to map the organizations involved at the federal, provincial, and local levels, with a narrowing of scope focusing on the Central Animal Facility at Guelph and the Ontario Ministry of Agriculture, Food, and Rural Affairs.
Federal Regulation
On a federal level, the National Farm Animal Care Council (NFACC) unites various stakeholders such as the Ontario SPCA, Canadian Veterinary Medical Association, Ontario Ministry of Agriculture, Food and Rural Affairs, and the Campbell Centre for the Study of Animal Welfare. Together, they work to “develop codes of practice for the care and handling of farm animals, create a process for the development of animal care assessment programs, and provide a forum for open dialogue on farm animal welfare.”6
The Canadian Veterinary Medical Association (CVMA) “concentrates its efforts on developing science-based guidelines, standards and position statements” addressing a broad range of animal welfare issues, from the capture of wild animals for the pet trade, to the castration of piglets and farm animals, to seal hunts. According to the CVMA, advocating for animal welfare is a priority, so much so that it saw the establishment of the CVMA National Issues Committee and the Animal Welfare Committee, who oversee the development of such position statements on welfare issues, insofar that they are grounded in properly conducted scientific research and ethically mandated.4
The Canadian Council on Animal Care (CCAC) is a non-profit, quasi-regulatory body, which sets standards on the ethical care and use of animals in science. It functions to provide information on the use of animals in research to Canadians, and maintains statistical counts of the animals currently used in science. It is funded by the National Sciences and Engineering Research Council of Canada, which also funds the aforementioned CCSAW’s ventures.5
The Canadian Federation of Humane Societies is the representative of the largest animal welfare community in Canada. It receives no government funding, and acts as a driving force for “progressive change to end animal cruelty, improve animal protection, and promote the humane treatment of all animals.”2 The CFHS unites local humane societies and SPCAs across Canada. They also generate public education on animal welfare issues and advocate improvements to animal protection laws, suggesting amendments to the criminal code, where they see outdated clauses in its animal cruelty section. CFHS also promotes improvements to animal transportation regulations, and collaborates with other government and industry representatives. According to Kim Elmslie, the manager of communications and advocacy, the CFHS is a voluntary organization, which has representatives that sit on the NFACC council. When a scientific report emerges, for example, council stakeholders will come together to negotiate updates on the Criminal Code. While it does not have direct ties with the Ministry of Agriculture and Food, CFHS sits on the council of the Canadian Council of Animal Care, and also works with the Canadian Veterinary Medical Association to tackle problems such as the current cat overpopulation crisis, always striving to improve the Criminal Code.
Provincial Regulation
At a provincial level, the College of Veterinarians of Ontario (CVO) is a regulatory college which protects “the public right to safe, competent, and ethical care…by holding its licensed, registered professionals accountable for their conduct and practice.”7 The CVO has a council of 13 veterinarians and 5 members of the public, which approves policy decisions, regulation and by-law amendments, and also troubleshoots and implements strategies to deal with any issues. Currently, the CVO has developed a “final strategic platform” which, in focusing council priorities, aims to inspire quality practice, while also engaging with stakeholders, advancing public health initiatives, and leading legislative reform of the Veterinarians Act. The latter objective has been put into motion with support from the Ministry of Agriculture and Food, with aims to enhance “regulatory transparency, flexibility, and innovation”8 the act.
The Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA) contains an Animal Health and Welfare Branch. This section of the ministry works specifically to improve the welfare of veterinary public health and agricultural animal health through education, inspection, surveillance, research, and emergency preparedness. The branch has two units, a policy unit which develops policies and improves the systems concerning animal health and welfare, and a veterinary services unit which deals with risk management and the emergency preparedness. The policy unit collaborates with the federal and provincial government, veterinary organizations, and the University of Guelph. The services unit trains stakeholders and OMAFRA staff, working closely with the Ministry of Natural Resources and the OSPCA.
As the Animal Health Coordintator for the Veterinary Science and Policy unit, Jennifer Van Gerwen of OMAFRA has a diverse number of responsabilities, such as working within corporate services, to help “assess, examine, and establish legislation, regulations and policy tools to assess and meet animal health and welfare needs in Ontario.” Van Gerwen regularly engages, “external stakeholders with respect to issues of concern, including producer organizations (e.g. Ontario Pork), advocacy and interest groups (e.g. Ontario Equestrian Federation), veterinary organizations (e.g. Ontario Association of Bovine Practitioners), and animal welfare enforcement organizations (e.g. OSPCA, police) as well as other provincial ministries (e.g. Ministry of Health and Long Term Care) and the Federal Government (e.g. Health Canada, Canadian Integrated Program for Antimicrobial Resistance, Canadian Animal Health Institute).” As a key player within the Incident Command System, which responds to provincial animal health emergencies such as the Porcine Epidemic Diarrhea, Van Gerwen works as an “information liaison.” She facilitates communication between Incident Command and the Operations, Planning, Communications and Finance teams, and acts as the information resource for incident-related decision-making, managing media requests and information. Van Gerwen, also, works with lead veterinarians to “translate their expertise to contribute to policy and initiative development, stakeholder management and issue/animal health event management.” The majority of what OMAFRA deals with on the level of Animal Welfare, is governed under the authority of the ministry executives and the Chief Veterinarian for Ontario under the Animal Health Act which was created in response to the pressure to improve animal health measures and the need for the government to play a greater role in managing emergencies related to animal health.
Van Gerwen states that animal health and welfare incidents are currently the most pressing issues she is involved in. From her position, she explores these issues on both large and small scales, from the perspective of the public who hold a “humane treatment standpoint,” and as an agricultural stakeholder, where it is critical to sustain “the business of food production in a responsible way.” Recently, a unit including the Animal Health Coordinators, Humane Standards Officer, a Lead Vet, Biosecurity, and an Apiary Specialist has been included in the welfare branch.
Working within OMAFRA is the current Deputy Chief Veterinarian for Ontario (DCVO), David Alves. He overlooks the “scientific and policy aspects of disease prevention, disease detection, and responses by the government to animal hazards.” As the DCVO, he works to develop and improve animal health policies, guides research and collaborates with other governmental organizations. With his team of twelve experts, who share a primarily veterinary background in animal health and welfare, he tackles projects pertaining to epidemiology, risk assessment, and research while co-operating with related organizations on federal, provincial, and local levels, and across all sectors of animal ownership (livestock, companion animals, zoo animals and wildlife). When addressing animal health topics, OMAFRA, respond to concerns with either regulatory or non-regulatory methods to assess “incidents based on risk to animal health, food safety and public health,” in accordance with the Animal Health Act.
Dr. Alves notes that in his line of work, there is not much distinction between the terms of “animal health” and “animal welfare.” He states, “Animal welfare to us is just one part of animal health work. The term ‘animal rights’ we feel is a good term that deals with the sentient rights of animals themselves.” In his professional opinion, the over-use of antimicrobials in animals is one of the most pressing issues in animal welfare today. He would like to see more collaboration between livestock sectors and the Ministry of Community Safety and Correction Services, in administering the OSPCA Act and improving the farm codes of practice by developing them into practical, “outcome based standards.”
The Ontario Society for the Prevention of Cruelty to Animals (OSPCA) is an organization which protects and provides shelter to animals, domestic and wild, which are in danger. The OSPCA is a member of the CFHS, and provides among many other services, spaying and neutering for a large number of animals in Ontario. Working within the OSPCA are investigators who have the power to enforce the Criminal Code of Canada; specifically the legislation which pertains to the prevention of cruelty and neglect to animals, as well as, the Ontario SPCA Act (see Appendix B), which provides SPCA investigators the police powers to do so.
Local Regulation
At a local level, various research facilities and universities, in meeting with the minimum standards of the 1990 Animals for Research Act (see Appendix B), are required to provide humane use of animals in research. The Act ensures that all research parties involved are held accountable to their local Animal Care Committee (ACC) for their treatment of all vertebrate animals. The Act is enforced by a number of inspectors, as designated by OMAFRA.
Institutions which utilize animals for research, such as the University of Guelph should have a Central Animal Facility (CAF), which “provides a center for the maintenance, by skilled and experienced personnel, of quality animals in a controlled environment as a service to departments across the University10.” The University of Guelph research station at Arkell, for example, must follow CCAC guidelines and the NFACC codes of practice. As well, in accordance with the Act and the standards of the Canadian Council on Animal Care, any researchers who interact with the animals are required to complete core online modules and handling workshops, demonstrating that they are familiar with welfare issues and are well-trained in animal care and the regulations protecting their use. Animal Utilization Protocols (AUPs) are submitted for every research trial that falls under the surveillance of the animal care committee. With an AUP, the proposed trial which utilizes research animals, is examined and deliberated upon. The Animal Care Committee looks to satisfy the Three R’s: Replacement looks to implement non-animal alternatives whenever possible; Reduction aims to minimize the amount of animals used, or to obtain more information from the same number of animals and; Refinement refers to methods which can reduce pain, suffering, distress, and overall enhance the welfare of research species. 11 Helen Donaldson, the AUP coordinator, explains that the protocols examines how an animal will be cared for, housed, and involved in research. Thus, any live animal on campus, be it general stock, teaching, or for research, much be covered by the approval of an appropriate Animal Utilization Protocol.
Michael Brunt is the project manager and research animal technician for Central Animal Facilities. Locally, he interacts with Animal Care Services, the Animal Care Committee, Animal Facilities Management and the veterinary director of the office of research. On a provincial level, he is in contact with the chief veterinary inspector, and nationally, with the Canadian Council on Animal Care and the Canadian Association for Laboratory Animal Science. In his opinion, “maximizing the welfare of our animals is the most important issue,” which he suggests can be accomplished by employing highly trained and “dedicated laboratory animal professionals,” as advocates for those animals. The CAF operates according to guidelines provided nationally by the CCAC, provincially by the Animals for Research Act, and locally by Guelph’s institutional Animal Care Policy and the Facility Specific Standard Operating Procedures. Brunt views his role as one that has impact “through consultative guidance to other facilities, policy development and operational improvements.” An advocate for “collegial cooperation” being the “backbone of the Canadian oversight system,” Brunt states that a number of the acts are “written in such a way to encourage best practices and collegial cooperation between all stakeholders rather than mandate compliance.” He believes, that though it may take more time to cooperate with a number of stakeholders, “relationship in the end is much more beneficial to everyone, including the animals.”
The veterinary director of the Central Animal Facility is currently Dr. Marcus Litman. He states his responsibilities as overseeing the health and welfare of all animals used on the Guelph campus in teaching, research, or testing. He is assisted by several other veterinarians in clinical roles as well as a facility managers and animal care staff. As a part of the CAF, he is in dialog with the CCAC and OMAFRA and advocacy groups. He believes that it is a privilege to use animals in science, and it is obligatory that we provide a certain amount of stewardship and proper, humane treatment, which he considers especially important in lab animal science. He suggests a number of ways to achieve this including the 3R’s approach, “post-approval monitoring of projects,” and engagement in debate and collaboration with other institutions sharing best practices and working to refine animal use. Dr. Litman is critical of the Canadian Council of Animal Care for not adequately having the “legislative framework to guide enforcement of their standards.” He describes it as a more “voluntary adherence” to guidelines, which poses an issue because “legislation almost always only works with minimum standards.” However, he believes the CCAC model is exemplary, and though he presses for a stronger implementation and enforcement of the standard, the Canadian system maintains international leadership status in animal research oversight. The Central Animal Facility operates along a framework established by the aforementioned regulatory agencies and the ACC. Participating on the ACC during protocol reviews, Dr. Litman “helps [staff] understand and mitigate the impacts of their research on the welfare of the animals they are using.” Thus, he views his role as being an advocate for the animal, involving himself “in all aspects of the animal’s life to help ensure they are treated with respect and humanity.”
Conclusion Animal welfare is an important study, which is necessary to consider and evaluate in all manners of ownership and use, be they agricultural, companion, or wild animals. Their welfare concerns their physical health, mental state, and extent to which their natural inclinations are satisfied. While the subject is contentious and still in development in terms of its methods of research and assessment, the investment of the federal, provincial, and local government in establishing colleges, committees, foundations, and organizations to maintain an open dialog, enforce by-laws and acts, and ultimately effect positive change for animal use in Canada, further underscores the importance of its regulation and policing.
Appendix A: Organizations
(The following descriptions are taken from the respective website of each association)
Canadian Veterinary Medical Association (CVMA): the national voice for the veterinary profession dedicated to serving and representing the veterinarians of Canada. The Association is committed to excellence within the profession and to the well-being of animals. It promotes public awareness of the contribution of animals and veterinarians to society. Three strategic priorities underpin the work accomplished by the CVMA: leadership on national veterinary issues, animal welfare advocacy, a successful career, a balanced life. The CMVA’s Animal Welfare Committee aims to advocate and promote animal welfare within the animal industry, to government and the public, advise the CVMA on animal welfare issues, develop pertinent position statements.
Canadian Federation of Humane Societies (CFHS): as Canada’s voice for Animal Welfare, we drive positive, progressive change to end animal cruelty, improve animal protection and promote the humane treatment of all animals. As the convener and representative of the largest animal welfare community in Canada, we advance the welfare of animals, with a strong national voice promoting the interests and concerns of animal welfare to government, policy makers, industry and the public.
The Canadian Council on Animal Care (CCAC): The CCAC acts as a quasi-regulatory body and sets standards (its guidelines documents and policy statements) on animal care and use in science that apply across Canada. It is accountable to the general public and is responsible for the dissemination of information on the use of animals in science to Canadians. In addition to guidelines documents and policy statements, the CCAC develops comprehensive annual statistics on the number of animals used in science and produces an annual report to disseminate information to its constituents and the general public.
Compassion in World Farming (CIWF): recognized as the leading international farm animal welfare organization. Our vision is a world where farm animals are treated with compassion and respect, and where cruel factory farming practices end. Our mission is to advance the well-being of farm animals worldwide. We receive no government funding so rely entirely on the generosity of our supporters to prevent cruelty to farm animals all over the world.
National Farm Animal Care Council (NFACC): brings together diverse stakeholders to develop Codes of Practice for the care and handling of farm animals, create a process for the development of animal care assessment programs, and provide a forum for open dialogue on farm animal welfare.
College of Vets of Ontario (CVO): regulates the practice of veterinary medicine in Ontario to protect the public interest. The CVO is the self-governing body for veterinarians in Ontario. Self-regulation for a profession means two things. One, veterinarians are involved in determining the rules that govern the profession and two, veterinarians are accountable for their own behavior with the college providing assistance and oversight. The role and authority of the College is established in the Veterinarians Act, 1989 and the regulations made under this legislation.
Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA): is responsible for the food, agriculture and rural sectors of the Canadian province of Ontario. The Minister of Agriculture and Food is Kathleen Wynne, who is also premier of Ontario. The Ministry helps to build a stronger agri-food sector by investing in the development and transfer of innovative technologies, retaining and attracting investment, developing markets, providing regulatory oversight, and providing effective risk management tools. The Animal Health and Welfare Branch advances farm animal health and welfare and veterinary public health through education, inspection, surveillance, research and emergency preparedness. Veterinary scientists and staff develop standards, deliver technical support to inspectors and veterinarians, and deliver preventive programs. They also provide inspection services in licensed livestock auction markets, dead stock facilities, animal research facilities and livestock medicine outlets. This branch provides support to the Chief Veterinarian for Ontario and also administers the Ontario Beef Cattle Financial Protection Program. The Animal Health and Welfare Branch is made up of two units: Veterinary Science (to advance animal health and welfare and protect public health, develop policy and improve systems that preserve and enhance provincial biosecurity, animal health, animal welfare, disease surveillance, and emergency preparedness), and Veterinary Services (deals with risk management and emergency preparedness in the interests of animal and public health).
(The following are from the document “University of Guelph Animal Care Policy and Procedures Approved by the Animal Care Committee”)
Animal Care Committee (ACC): a standing committee of the Research Board and reports to the Vice-President (Research). The committee is mandated by the Animals for Research Act and the Terms of Reference for Animal Care Committees policy of the CCAC to: ensure compliance with the Act, ensure adherence to the policies and guidelines of the CCAC, communicate with Ministry Inspectors regarding corrections of deficiencies cited under the Animals for Research Act, and, communicate with Assessment Directors regarding the implementation of recommendations made by the CCAC. The Committee may use its discretion to introduce flexibility in applying standards of animal care and use where exceptional circumstances and/or common sense dictate, provided that the basic principles underlying this policy and its procedures are not compromised.
Animals for Research Act (the Act): the current Animals for Research Act (Revised Statutes of Ontario, 1990, Chapter A.22), or future amendments, as administered by the Ontario Ministry of Agriculture and Food.
Canadian Council on Animal Care: a national agency, funded in part by the federal granting councils, that provides updated guidelines and policy statements on animal care and use in science.
Standard Operating Procedures: a set of written instructions that document and inform a routine or repetitive activity.
ACC Coordinator: AUP Coordinator – attends ACC meetings and takes minutes for the AUP review section, ensures that AUPs are well managed, provides and gathers information on AUPs; moves AUP through the review and approval process as required; and provides reports on the animal use data and AUP processing.
Appendix B: Acts, Codes, Etc.
Five Freedoms (from http://www.fawc.org.uk/freedoms.htm)
The welfare of an animal includes its physical and mental state and we consider that good animal welfare implies both fitness and a sense of well-being. Any animal kept by man, must at least, be protected from unnecessary suffering. We believe that an animal's welfare, whether on farm, in transit, at market or at a place of slaughter should be considered in terms of 'five freedoms'. These freedoms define ideal states rather than standards for acceptable welfare. They form a logical and comprehensive framework for analysis of welfare within any system together with the steps and compromises necessary to safeguard and improve welfare within the proper constraints of an effective livestock industry.
1. Freedom from Hunger and Thirst - by ready access to fresh water and a diet to maintain full health and vigour.
2. Freedom from Discomfort - by providing an appropriate environment including shelter and a comfortable resting area.
3. Freedom from Pain, Injury or Disease - by prevention or rapid diagnosis and treatment.
4. Freedom to Express Normal Behaviour - by providing sufficient space, proper facilities and company of the animal's own kind.
5. Freedom from Fear and Distress - by ensuring conditions and treatment which avoid mental suffering.
Criminal Code of Canada - Cruelty to Animals
Under Cruelty to Animals, Section 445.1(1) states 445.1(1) Every one commits an offence who:
a. wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or bird;
b. in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
c. wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
d. promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
e. being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).
Ontario SPCA Act
(found at http://www.e laws.gov.on.ca/html/statutes/english/elaws_statutes_90o36_e.htm)
“The object of the Society is to facilitate and provide for the prevention of cruelty to animals and their protection and relief therefrom.”
Animals for Research Act
“This Act provides a focus for humane care and use of all animals in research through establishing minimum standards. The purpose of the act is threefold: to maintain a minimum standard of care and well-being for all animals used in research; to protect research animals from unnecessary pain; and to ensure that dogs used in research are obtained legally and are not wanted as pets.” (from http://www.hskl.ca/laws.html )
The Canadian Federation of Humane Societies (CFHS) defines animal welfare in terms of the “Five Freedoms,” which first appeared in a 1965 UK government report, and was further developed by the Farm Animal Welfare Council (see Appendix B). The “Five Freedoms” are the “animal’s primary welfare needs [which] can be met by safeguarding” the freedom from hunger and thirst, from discomfort, from pain, injury, or disease, to express normal behaviour, and from fear and distress.2 The Farm Animal Welfare Council believes, “the welfare of an animal includes its physical and mental state and we consider that good animal welfare implies both fitness and a sense of well-being. Any animal kept by man, must at least, be protected from unnecessary suffering.”3 Having discussed various definitions of animal welfare, this essay aims to map the organizations involved at the federal, provincial, and local levels, with a narrowing of scope focusing on the Central Animal Facility at Guelph and the Ontario Ministry of Agriculture, Food, and Rural Affairs.
Federal Regulation
On a federal level, the National Farm Animal Care Council (NFACC) unites various stakeholders such as the Ontario SPCA, Canadian Veterinary Medical Association, Ontario Ministry of Agriculture, Food and Rural Affairs, and the Campbell Centre for the Study of Animal Welfare. Together, they work to “develop codes of practice for the care and handling of farm animals, create a process for the development of animal care assessment programs, and provide a forum for open dialogue on farm animal welfare.”6
The Canadian Veterinary Medical Association (CVMA) “concentrates its efforts on developing science-based guidelines, standards and position statements” addressing a broad range of animal welfare issues, from the capture of wild animals for the pet trade, to the castration of piglets and farm animals, to seal hunts. According to the CVMA, advocating for animal welfare is a priority, so much so that it saw the establishment of the CVMA National Issues Committee and the Animal Welfare Committee, who oversee the development of such position statements on welfare issues, insofar that they are grounded in properly conducted scientific research and ethically mandated.4
The Canadian Council on Animal Care (CCAC) is a non-profit, quasi-regulatory body, which sets standards on the ethical care and use of animals in science. It functions to provide information on the use of animals in research to Canadians, and maintains statistical counts of the animals currently used in science. It is funded by the National Sciences and Engineering Research Council of Canada, which also funds the aforementioned CCSAW’s ventures.5
The Canadian Federation of Humane Societies is the representative of the largest animal welfare community in Canada. It receives no government funding, and acts as a driving force for “progressive change to end animal cruelty, improve animal protection, and promote the humane treatment of all animals.”2 The CFHS unites local humane societies and SPCAs across Canada. They also generate public education on animal welfare issues and advocate improvements to animal protection laws, suggesting amendments to the criminal code, where they see outdated clauses in its animal cruelty section. CFHS also promotes improvements to animal transportation regulations, and collaborates with other government and industry representatives. According to Kim Elmslie, the manager of communications and advocacy, the CFHS is a voluntary organization, which has representatives that sit on the NFACC council. When a scientific report emerges, for example, council stakeholders will come together to negotiate updates on the Criminal Code. While it does not have direct ties with the Ministry of Agriculture and Food, CFHS sits on the council of the Canadian Council of Animal Care, and also works with the Canadian Veterinary Medical Association to tackle problems such as the current cat overpopulation crisis, always striving to improve the Criminal Code.
Provincial Regulation
At a provincial level, the College of Veterinarians of Ontario (CVO) is a regulatory college which protects “the public right to safe, competent, and ethical care…by holding its licensed, registered professionals accountable for their conduct and practice.”7 The CVO has a council of 13 veterinarians and 5 members of the public, which approves policy decisions, regulation and by-law amendments, and also troubleshoots and implements strategies to deal with any issues. Currently, the CVO has developed a “final strategic platform” which, in focusing council priorities, aims to inspire quality practice, while also engaging with stakeholders, advancing public health initiatives, and leading legislative reform of the Veterinarians Act. The latter objective has been put into motion with support from the Ministry of Agriculture and Food, with aims to enhance “regulatory transparency, flexibility, and innovation”8 the act.
The Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA) contains an Animal Health and Welfare Branch. This section of the ministry works specifically to improve the welfare of veterinary public health and agricultural animal health through education, inspection, surveillance, research, and emergency preparedness. The branch has two units, a policy unit which develops policies and improves the systems concerning animal health and welfare, and a veterinary services unit which deals with risk management and the emergency preparedness. The policy unit collaborates with the federal and provincial government, veterinary organizations, and the University of Guelph. The services unit trains stakeholders and OMAFRA staff, working closely with the Ministry of Natural Resources and the OSPCA.
As the Animal Health Coordintator for the Veterinary Science and Policy unit, Jennifer Van Gerwen of OMAFRA has a diverse number of responsabilities, such as working within corporate services, to help “assess, examine, and establish legislation, regulations and policy tools to assess and meet animal health and welfare needs in Ontario.” Van Gerwen regularly engages, “external stakeholders with respect to issues of concern, including producer organizations (e.g. Ontario Pork), advocacy and interest groups (e.g. Ontario Equestrian Federation), veterinary organizations (e.g. Ontario Association of Bovine Practitioners), and animal welfare enforcement organizations (e.g. OSPCA, police) as well as other provincial ministries (e.g. Ministry of Health and Long Term Care) and the Federal Government (e.g. Health Canada, Canadian Integrated Program for Antimicrobial Resistance, Canadian Animal Health Institute).” As a key player within the Incident Command System, which responds to provincial animal health emergencies such as the Porcine Epidemic Diarrhea, Van Gerwen works as an “information liaison.” She facilitates communication between Incident Command and the Operations, Planning, Communications and Finance teams, and acts as the information resource for incident-related decision-making, managing media requests and information. Van Gerwen, also, works with lead veterinarians to “translate their expertise to contribute to policy and initiative development, stakeholder management and issue/animal health event management.” The majority of what OMAFRA deals with on the level of Animal Welfare, is governed under the authority of the ministry executives and the Chief Veterinarian for Ontario under the Animal Health Act which was created in response to the pressure to improve animal health measures and the need for the government to play a greater role in managing emergencies related to animal health.
Van Gerwen states that animal health and welfare incidents are currently the most pressing issues she is involved in. From her position, she explores these issues on both large and small scales, from the perspective of the public who hold a “humane treatment standpoint,” and as an agricultural stakeholder, where it is critical to sustain “the business of food production in a responsible way.” Recently, a unit including the Animal Health Coordinators, Humane Standards Officer, a Lead Vet, Biosecurity, and an Apiary Specialist has been included in the welfare branch.
Working within OMAFRA is the current Deputy Chief Veterinarian for Ontario (DCVO), David Alves. He overlooks the “scientific and policy aspects of disease prevention, disease detection, and responses by the government to animal hazards.” As the DCVO, he works to develop and improve animal health policies, guides research and collaborates with other governmental organizations. With his team of twelve experts, who share a primarily veterinary background in animal health and welfare, he tackles projects pertaining to epidemiology, risk assessment, and research while co-operating with related organizations on federal, provincial, and local levels, and across all sectors of animal ownership (livestock, companion animals, zoo animals and wildlife). When addressing animal health topics, OMAFRA, respond to concerns with either regulatory or non-regulatory methods to assess “incidents based on risk to animal health, food safety and public health,” in accordance with the Animal Health Act.
Dr. Alves notes that in his line of work, there is not much distinction between the terms of “animal health” and “animal welfare.” He states, “Animal welfare to us is just one part of animal health work. The term ‘animal rights’ we feel is a good term that deals with the sentient rights of animals themselves.” In his professional opinion, the over-use of antimicrobials in animals is one of the most pressing issues in animal welfare today. He would like to see more collaboration between livestock sectors and the Ministry of Community Safety and Correction Services, in administering the OSPCA Act and improving the farm codes of practice by developing them into practical, “outcome based standards.”
The Ontario Society for the Prevention of Cruelty to Animals (OSPCA) is an organization which protects and provides shelter to animals, domestic and wild, which are in danger. The OSPCA is a member of the CFHS, and provides among many other services, spaying and neutering for a large number of animals in Ontario. Working within the OSPCA are investigators who have the power to enforce the Criminal Code of Canada; specifically the legislation which pertains to the prevention of cruelty and neglect to animals, as well as, the Ontario SPCA Act (see Appendix B), which provides SPCA investigators the police powers to do so.
Local Regulation
At a local level, various research facilities and universities, in meeting with the minimum standards of the 1990 Animals for Research Act (see Appendix B), are required to provide humane use of animals in research. The Act ensures that all research parties involved are held accountable to their local Animal Care Committee (ACC) for their treatment of all vertebrate animals. The Act is enforced by a number of inspectors, as designated by OMAFRA.
Institutions which utilize animals for research, such as the University of Guelph should have a Central Animal Facility (CAF), which “provides a center for the maintenance, by skilled and experienced personnel, of quality animals in a controlled environment as a service to departments across the University10.” The University of Guelph research station at Arkell, for example, must follow CCAC guidelines and the NFACC codes of practice. As well, in accordance with the Act and the standards of the Canadian Council on Animal Care, any researchers who interact with the animals are required to complete core online modules and handling workshops, demonstrating that they are familiar with welfare issues and are well-trained in animal care and the regulations protecting their use. Animal Utilization Protocols (AUPs) are submitted for every research trial that falls under the surveillance of the animal care committee. With an AUP, the proposed trial which utilizes research animals, is examined and deliberated upon. The Animal Care Committee looks to satisfy the Three R’s: Replacement looks to implement non-animal alternatives whenever possible; Reduction aims to minimize the amount of animals used, or to obtain more information from the same number of animals and; Refinement refers to methods which can reduce pain, suffering, distress, and overall enhance the welfare of research species. 11 Helen Donaldson, the AUP coordinator, explains that the protocols examines how an animal will be cared for, housed, and involved in research. Thus, any live animal on campus, be it general stock, teaching, or for research, much be covered by the approval of an appropriate Animal Utilization Protocol.
Michael Brunt is the project manager and research animal technician for Central Animal Facilities. Locally, he interacts with Animal Care Services, the Animal Care Committee, Animal Facilities Management and the veterinary director of the office of research. On a provincial level, he is in contact with the chief veterinary inspector, and nationally, with the Canadian Council on Animal Care and the Canadian Association for Laboratory Animal Science. In his opinion, “maximizing the welfare of our animals is the most important issue,” which he suggests can be accomplished by employing highly trained and “dedicated laboratory animal professionals,” as advocates for those animals. The CAF operates according to guidelines provided nationally by the CCAC, provincially by the Animals for Research Act, and locally by Guelph’s institutional Animal Care Policy and the Facility Specific Standard Operating Procedures. Brunt views his role as one that has impact “through consultative guidance to other facilities, policy development and operational improvements.” An advocate for “collegial cooperation” being the “backbone of the Canadian oversight system,” Brunt states that a number of the acts are “written in such a way to encourage best practices and collegial cooperation between all stakeholders rather than mandate compliance.” He believes, that though it may take more time to cooperate with a number of stakeholders, “relationship in the end is much more beneficial to everyone, including the animals.”
The veterinary director of the Central Animal Facility is currently Dr. Marcus Litman. He states his responsibilities as overseeing the health and welfare of all animals used on the Guelph campus in teaching, research, or testing. He is assisted by several other veterinarians in clinical roles as well as a facility managers and animal care staff. As a part of the CAF, he is in dialog with the CCAC and OMAFRA and advocacy groups. He believes that it is a privilege to use animals in science, and it is obligatory that we provide a certain amount of stewardship and proper, humane treatment, which he considers especially important in lab animal science. He suggests a number of ways to achieve this including the 3R’s approach, “post-approval monitoring of projects,” and engagement in debate and collaboration with other institutions sharing best practices and working to refine animal use. Dr. Litman is critical of the Canadian Council of Animal Care for not adequately having the “legislative framework to guide enforcement of their standards.” He describes it as a more “voluntary adherence” to guidelines, which poses an issue because “legislation almost always only works with minimum standards.” However, he believes the CCAC model is exemplary, and though he presses for a stronger implementation and enforcement of the standard, the Canadian system maintains international leadership status in animal research oversight. The Central Animal Facility operates along a framework established by the aforementioned regulatory agencies and the ACC. Participating on the ACC during protocol reviews, Dr. Litman “helps [staff] understand and mitigate the impacts of their research on the welfare of the animals they are using.” Thus, he views his role as being an advocate for the animal, involving himself “in all aspects of the animal’s life to help ensure they are treated with respect and humanity.”
Conclusion Animal welfare is an important study, which is necessary to consider and evaluate in all manners of ownership and use, be they agricultural, companion, or wild animals. Their welfare concerns their physical health, mental state, and extent to which their natural inclinations are satisfied. While the subject is contentious and still in development in terms of its methods of research and assessment, the investment of the federal, provincial, and local government in establishing colleges, committees, foundations, and organizations to maintain an open dialog, enforce by-laws and acts, and ultimately effect positive change for animal use in Canada, further underscores the importance of its regulation and policing.
Appendix A: Organizations
(The following descriptions are taken from the respective website of each association)
Canadian Veterinary Medical Association (CVMA): the national voice for the veterinary profession dedicated to serving and representing the veterinarians of Canada. The Association is committed to excellence within the profession and to the well-being of animals. It promotes public awareness of the contribution of animals and veterinarians to society. Three strategic priorities underpin the work accomplished by the CVMA: leadership on national veterinary issues, animal welfare advocacy, a successful career, a balanced life. The CMVA’s Animal Welfare Committee aims to advocate and promote animal welfare within the animal industry, to government and the public, advise the CVMA on animal welfare issues, develop pertinent position statements.
Canadian Federation of Humane Societies (CFHS): as Canada’s voice for Animal Welfare, we drive positive, progressive change to end animal cruelty, improve animal protection and promote the humane treatment of all animals. As the convener and representative of the largest animal welfare community in Canada, we advance the welfare of animals, with a strong national voice promoting the interests and concerns of animal welfare to government, policy makers, industry and the public.
The Canadian Council on Animal Care (CCAC): The CCAC acts as a quasi-regulatory body and sets standards (its guidelines documents and policy statements) on animal care and use in science that apply across Canada. It is accountable to the general public and is responsible for the dissemination of information on the use of animals in science to Canadians. In addition to guidelines documents and policy statements, the CCAC develops comprehensive annual statistics on the number of animals used in science and produces an annual report to disseminate information to its constituents and the general public.
Compassion in World Farming (CIWF): recognized as the leading international farm animal welfare organization. Our vision is a world where farm animals are treated with compassion and respect, and where cruel factory farming practices end. Our mission is to advance the well-being of farm animals worldwide. We receive no government funding so rely entirely on the generosity of our supporters to prevent cruelty to farm animals all over the world.
National Farm Animal Care Council (NFACC): brings together diverse stakeholders to develop Codes of Practice for the care and handling of farm animals, create a process for the development of animal care assessment programs, and provide a forum for open dialogue on farm animal welfare.
College of Vets of Ontario (CVO): regulates the practice of veterinary medicine in Ontario to protect the public interest. The CVO is the self-governing body for veterinarians in Ontario. Self-regulation for a profession means two things. One, veterinarians are involved in determining the rules that govern the profession and two, veterinarians are accountable for their own behavior with the college providing assistance and oversight. The role and authority of the College is established in the Veterinarians Act, 1989 and the regulations made under this legislation.
Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA): is responsible for the food, agriculture and rural sectors of the Canadian province of Ontario. The Minister of Agriculture and Food is Kathleen Wynne, who is also premier of Ontario. The Ministry helps to build a stronger agri-food sector by investing in the development and transfer of innovative technologies, retaining and attracting investment, developing markets, providing regulatory oversight, and providing effective risk management tools. The Animal Health and Welfare Branch advances farm animal health and welfare and veterinary public health through education, inspection, surveillance, research and emergency preparedness. Veterinary scientists and staff develop standards, deliver technical support to inspectors and veterinarians, and deliver preventive programs. They also provide inspection services in licensed livestock auction markets, dead stock facilities, animal research facilities and livestock medicine outlets. This branch provides support to the Chief Veterinarian for Ontario and also administers the Ontario Beef Cattle Financial Protection Program. The Animal Health and Welfare Branch is made up of two units: Veterinary Science (to advance animal health and welfare and protect public health, develop policy and improve systems that preserve and enhance provincial biosecurity, animal health, animal welfare, disease surveillance, and emergency preparedness), and Veterinary Services (deals with risk management and emergency preparedness in the interests of animal and public health).
(The following are from the document “University of Guelph Animal Care Policy and Procedures Approved by the Animal Care Committee”)
Animal Care Committee (ACC): a standing committee of the Research Board and reports to the Vice-President (Research). The committee is mandated by the Animals for Research Act and the Terms of Reference for Animal Care Committees policy of the CCAC to: ensure compliance with the Act, ensure adherence to the policies and guidelines of the CCAC, communicate with Ministry Inspectors regarding corrections of deficiencies cited under the Animals for Research Act, and, communicate with Assessment Directors regarding the implementation of recommendations made by the CCAC. The Committee may use its discretion to introduce flexibility in applying standards of animal care and use where exceptional circumstances and/or common sense dictate, provided that the basic principles underlying this policy and its procedures are not compromised.
Animals for Research Act (the Act): the current Animals for Research Act (Revised Statutes of Ontario, 1990, Chapter A.22), or future amendments, as administered by the Ontario Ministry of Agriculture and Food.
Canadian Council on Animal Care: a national agency, funded in part by the federal granting councils, that provides updated guidelines and policy statements on animal care and use in science.
Standard Operating Procedures: a set of written instructions that document and inform a routine or repetitive activity.
ACC Coordinator: AUP Coordinator – attends ACC meetings and takes minutes for the AUP review section, ensures that AUPs are well managed, provides and gathers information on AUPs; moves AUP through the review and approval process as required; and provides reports on the animal use data and AUP processing.
Appendix B: Acts, Codes, Etc.
Five Freedoms (from http://www.fawc.org.uk/freedoms.htm)
The welfare of an animal includes its physical and mental state and we consider that good animal welfare implies both fitness and a sense of well-being. Any animal kept by man, must at least, be protected from unnecessary suffering. We believe that an animal's welfare, whether on farm, in transit, at market or at a place of slaughter should be considered in terms of 'five freedoms'. These freedoms define ideal states rather than standards for acceptable welfare. They form a logical and comprehensive framework for analysis of welfare within any system together with the steps and compromises necessary to safeguard and improve welfare within the proper constraints of an effective livestock industry.
1. Freedom from Hunger and Thirst - by ready access to fresh water and a diet to maintain full health and vigour.
2. Freedom from Discomfort - by providing an appropriate environment including shelter and a comfortable resting area.
3. Freedom from Pain, Injury or Disease - by prevention or rapid diagnosis and treatment.
4. Freedom to Express Normal Behaviour - by providing sufficient space, proper facilities and company of the animal's own kind.
5. Freedom from Fear and Distress - by ensuring conditions and treatment which avoid mental suffering.
Criminal Code of Canada - Cruelty to Animals
Under Cruelty to Animals, Section 445.1(1) states 445.1(1) Every one commits an offence who:
a. wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or bird;
b. in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
c. wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
d. promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
e. being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).
Ontario SPCA Act
(found at http://www.e laws.gov.on.ca/html/statutes/english/elaws_statutes_90o36_e.htm)
“The object of the Society is to facilitate and provide for the prevention of cruelty to animals and their protection and relief therefrom.”
Animals for Research Act
“This Act provides a focus for humane care and use of all animals in research through establishing minimum standards. The purpose of the act is threefold: to maintain a minimum standard of care and well-being for all animals used in research; to protect research animals from unnecessary pain; and to ensure that dogs used in research are obtained legally and are not wanted as pets.” (from http://www.hskl.ca/laws.html )