Sponsor of C-275: Conservative MP John Barlow (Alberta, Foothills)
John Barlow (Alberta, Foothills)

C-275 – An Act to amend the Health of Animals Act (biosecurity on farms) – would make it illegal to unlawfully enter a place where animals are kept if doing so could result in the animals being exposed to diseases or toxic substances.

The exact terms are that it’s illegal to break into a place where animals are kept while knowing that doing so could result in exposure to the animals, as well as breaking in and just not taking precautions to prevent the exposure. (“Being reckless as to whether entering such a place … could result in the exposure of the animals”) An individual found guilty could be fined up to $250,000 and/or imprisoned for 2 years. If you’re breaking in on behalf of an organization the group could be fined up to $500,000.


Criminal Code – Breaking and Entering

I feel like it’s worth looking into existing laws regarding breaking and entering while we’re talking about this, as this would just be an addition to those. Turns out breaking and entering laws are a bit interesting. Breaking and entering is only illegal if you are doing so with intent to commit a crime, but the intent is automatically assumed and the defendant needs to prove otherwise.

If you’re breaking and entering anywhere other than a home you can be punished with up to ten years in jail. So C-275 only really seems to add a financial punishment to that, as the maximum jail time from this is pretty small compared to the jail time you’d already get just for breaking and entering in the first place.


Progress

Second Reading

On June 21, 2023 C-275 went up for its Second Reading vote and passed with almost everyone voting in favour of it. The only people to vote against it were the two independent MPs and Nathaniel Erskine-Smith (Liberal, Ontario, Beaches—East York)

Committee Changes

The Committe on Agriculture and Agri-Food made some changes to C-275. The first of which is making it so it’s only a crime if you could reasonably expect the animals to be exposed to diseases or toxic substances. (This replaces the part about not taking precautions to prevent exposure). The punishment for individuals has also been greatly reduced, with the maximum fine dropping from $250k down to $100k, and the maximum jail time being reduced to 1 year.

Third Reading

C-275 passed its Third Reading vote with 278 voting in favour and 36 voting against.

PartyForAgainstPaired
Liberal133135
Conservative11203
Bloc Quebecois3002
NDP0210
Green300
Independent020
Vote Record

The NDP took away their support for C-275 because during the committee interviews it was revealed that this Bill was more about trespassing and less about protecting animals. (Specifically that it uses the term “Without lawful authority or excuse”) They want it to apply to anyone who fails to protect animals from disease, including the companies that own the animals.

C-275 will now work its way through the Senate.

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