Generally Accepted Practice: How Four Undefined Words Removed Farm Animals From Canada's Cruelty Laws
By Milad Ghobadibeygvand, BScN (Western University, 2014) · Published August 3, 2026 · A public-record investigation. Every statutory quotation is taken verbatim from the enacted text; every figure is traceable to a numbered reference.
The finding in one paragraph. Ontario's Provincial Animal Welfare Services Act, 2019 imposes standards of care on every person who owns an animal — then states at s. 13(2) that this "does not apply in respect of an activity regarding agricultural animal care, management or husbandry carried on in accordance with the reasonable and generally accepted practices" of same.1 Quebec's Animal Welfare and Safety Act declares in its preamble that "animals are sentient beings that have biological needs" — then states at s. 7 that its core welfare and distress provisions "do not apply in the case of agricultural activities … carried on in accordance with generally recognized rules."2 Neither statute defines the phrase. In practice it is filled by Codes of Practice whose pig committee was chaired by a Canadian Pork Council producer and included at least eight industry-affiliated seats against one animal-welfare seat.3 Those Codes are voluntary, and the pig Code's own text concedes it represents "the best achievable balance" among the parties.3
Scope, method and limitations. This is a documentary analysis of public records, not original field reporting, and it makes no allegation of unlawful conduct by any person or organisation named. Statutory language was taken from the enacted texts: Ontario's Act via the legislative record,1 Quebec's via the Publications du Québec consolidated statute.2 Code content and committee membership were extracted directly from the Code of Practice for the Care and Handling of Pigs published by the National Farm Animal Care Council, including its Appendix P and its Summary of Code Requirements.3 Industry structure figures are from Statistics Canada's Census of Agriculture analysis.4 Where a claim rests on secondary reporting rather than a primary document, that is stated at the point of use. Where evidence is genuinely contested — as with one widely cited pig-cognition finding — the contradicting study is cited alongside it. Named individuals are identified solely because they appear in a published committee roster in a public standards document; nothing here suggests any of them acted improperly, and readers are asked to direct no communication to them. A right of reply is open at milad@zeusebikes.ca and corrections will be published.
Contents
- The exemption, in the law's exact words
- Who wrote the standard — the roster
- How the standard was arrived at
- What the standard actually permits
- The deadline that moved
- A century of pigs in Canada
- Why there is no federal law
- What is not true — a correction
- What a different answer looks like
- What the science says, including where it argues
- Three precedents for industry-defined standards
- Who has actually been convicted
- The last door, closed in June 2026
- The citizen's toolkit — working instruments
- Questions readers ask
- References
1. The Exemption, in the Law's Exact Words
Most reporting on farm animal welfare paraphrases the law. Paraphrase is where the argument goes soft, so here is the enacted text.
Ontario. The Provincial Animal Welfare Services Act, 2019 — the statute behind the province's animal-welfare inspectorate and its six-figure penalties — creates a general duty at s. 13(1): "Every person who owns or has custody or care of an animal shall comply with the standards of care and the administrative requirements with respect to every animal that the person owns or has custody or care of." Immediately beneath it, under the heading Exception, agricultural activities:
s. 13(2): "Subsection (1) does not apply in respect of an activity regarding agricultural animal care, management or husbandry carried on in accordance with the reasonable and generally accepted practices of agricultural animal care, management or husbandry, unless the standards of care or administrative requirements expressly provide that they apply to that activity."1
The Act separately prohibits distress at s. 15(1)–(3) — causing it, permitting it, and recklessly exposing an animal to undue risk of it — with its own list of exceptions at s. 15(4).1
Quebec. This is the statute this publication previously described as the strongest animal-welfare law in Canada, and the description was accurate as far as it went. Its preamble states: "AS animals are sentient beings that have biological needs."2 Section 6 defines when an animal is in distress, including where "it is subjected to conditions that cause the animal to suffer acute pain" or "it is exposed to conditions that cause the animal extreme anxiety or suffering."2
Then comes section 7:
s. 7: "Sections 5 and 6 do not apply in the case of agricultural activities, veterinary medicine activities, teaching activities or scientific research activities carried on in accordance with generally recognized rules. Agricultural activities include, in particular, the slaughter or euthanasia of animals and the use of animals for agricultural purposes or at agricultural exhibitions or fairs."2
Read the two passages together. The same Act that recognises animals as sentient beings capable of acute pain and extreme anxiety switches off the sections that address acute pain and extreme anxiety for the animals we raise for food. This is not a legislative oversight, and it is not ignorance of the animal's capacity. The capacity is conceded in the preamble and the protection is withdrawn six sections later.
The pattern is national. Animal-law organisations and the BC SPCA report that every province and Yukon exempts agricultural practice on materially similar terms, and that the operative phrase is left undefined in the statutes.5
2. Who Wrote the Standard — The Roster
The blank is filled by the Codes of Practice published by the National Farm Animal Care Council. Enforcement bodies and veterinarians treat them as the reference for what care standard applies on a farm.
The Code of Practice for the Care and Handling of Pigs names its own authors. Appendix P lists the Pig Code Development Committee. The roster, as published in the Code:3
| Role | Member | Representing |
|---|---|---|
| Producer — Chair | Florian Possberg | Canadian Pork Council |
| Producer | Edouard Asnong | Canadian Pork Council |
| Producer | Curtiss Littlejohn | Canadian Pork Council |
| Producer | Stephen Moffett | Canadian Pork Council |
| Processor | Jorge Correa, PhD | Canadian Meat Council |
| Processor | Frank Wood | Conestoga Meat Packers |
| Transporter | Steve Brandt | Steve's Livestock Transport |
| Technical expertise | Danielle Pettigrew, agr. | Les Éleveurs de porcs du Québec |
| Technical expertise | Miles Beaudin, MBA | Manitoba Pork Council |
| Agricultural engineer | Franklin Kains, P.Eng. | — |
| Veterinarian | Mike Sheridan, DVM | Canadian Veterinary Medical Association |
| Research / academic | Harold Gonyou, PhD | — |
| Animal welfare enforcement | Penny Lawlis, MSc | Ontario Ministry of Agriculture and Food; Ministry of Rural Affairs |
| Federal government | François Bédard, MSc | Agriculture and Agri-Food Canada |
| Animal welfare | Carol Morgan, DVM, PhD | Canadian Federation of Humane Societies (BC SPCA) |
Source: Code of Practice for the Care and Handling of Pigs, Appendix P, National Farm Animal Care Council.3 Roles and affiliations are reproduced as published.
Count the seats. Four producers from the Canadian Pork Council, chaired by one of them. Two processors. A livestock transporter. Provincial pork organisations from Quebec and Manitoba. Against that: a single animal-welfare seat, held by a veterinarian representing the Canadian Federation of Humane Societies and the BC SPCA.
A necessary clarification, stated plainly. Every person above served openly on a published committee, and their names appear here for one reason: they are printed in the standards document itself. Serving on a standard-setting body is ordinary professional work, it is not misconduct, and nothing in this article suggests any of these individuals acted improperly or unlawfully. The finding is about the composition of a body, which is a structural fact, not about the character of anyone on it. Readers should direct no correspondence to them; the address for disagreement with this article is the author's.
3. How the Standard Was Arrived At
The Code does not hide its own method, and its candour is more damaging than any accusation.
On how the document was settled, the Code states that not all parties fully agree with every requirement and recommendation, but that all members agree the document represents "the best achievable balance."3 That is a description of a negotiation. It is not a description of a scientific determination of what an animal needs — and the distinction matters, because the statutory exemption behaves as though it were the latter.
The Code also draws a two-tier distinction that does most of the practical work. Requirements are the binding tier. Recommended Practices "encourage continuous improvement" — and, in the Code's own words, "failure to implement Recommended Practices does not imply that acceptable standards of animal care are not being met."3
So a measure placed in the Recommended tier is explicitly non-binding, and non-compliance with it is explicitly declared consistent with acceptable care. Keep that in mind for the next section, because it determines where the pain relief sits.
4. What the Standard Actually Permits
This is the section that answers what the exemption means at the level of an individual animal. Every quotation below is a Requirement — the binding tier — reproduced from the Code.3
Castration
Requirement: "Castration performed after 10 days of age must be done with anesthetic and analgesic to help control pain. As of July 1, 2016, castration performed at any age must be done with analgesics to help control post-procedure pain."3
Read the two sentences against each other. Anesthetic — the agent that prevents the animal feeling the procedure — is required only after ten days of age. For a piglet younger than ten days, the binding requirement is an analgesic for post-procedure pain. The Code's own glossary defines the difference precisely: an anesthetic "induces loss of feeling or sensation, especially the loss of pain sensation," while an analgesic "alleviates pain without loss of consciousness."3
Surgical castration of a conscious piglet under ten days of age, without anesthetic, is therefore compliant. And the Code does not claim otherwise or suggest the animal does not feel it — it states in the same section that "the application of topical anesthetics is ineffective in relieving pain during castration."3 Using an anesthetic and analgesic to control pain during the procedure for all pigs appears in the Code as Recommended Practice (a)3 — the tier the Code says you can fail to implement while still meeting acceptable standards of care.
Tail docking
Requirement: "Tail docking of pigs over 7 days of age must be done with pain control. As of July 1, 2016, tail-docking performed at any age must be done with analgesics to help control post-procedure pain."3
The same architecture, with the threshold at seven days.
Ear notching and teeth clipping
The Code states that "ear notching is considered to be painful."3 The Requirement attached to it governs when it may be done, not whether pain is controlled: "Ear notching must only be performed on piglets when deemed necessary and when piglets are less than 14 days of age."3 Using analgesics for ear tattooing, notching or punching sits in Recommended Practices.3 For teeth clipping, the Requirement is that the need "must be evaluated, and the procedure performed only when deemed necessary."3
The enclosure is lawful because it is usual, and it is usual because the standard says so. Photo illustration — created with Playcut AI; not a photograph of any identified facility.
5. The Deadline That Moved
A standard written by the regulated party can be tested against a single question: what happens when it becomes inconvenient?
A gestation stall is an enclosure roughly the dimensions of the sow inside it; she cannot turn around. In 2014, the pig Code set a transition to group housing by 1 July 2024 — ten years' notice, on a date the industry set for itself. During the Code review the deadline was moved to 1 July 2029, with reasons reported in the agricultural press as the underestimated complexity of adapting barn designs, conversion cost, and a shortage of construction expertise.6
The 2024 date passed. Estimates reported by Canadian animal-welfare organisations put roughly 70% of Canadian sows still in gestation stalls.7
No prosecution followed, and none could have. The Code is voluntary, and conduct consistent with it remains, by definition, generally accepted practice. The standard was not breached. It was amended.
6. A Century of Pigs in Canada
The exemption did not arrive into a world of small mixed farms and stay still while that world changed. Statistics Canada's analysis of Census of Agriculture data records a structural transformation: over the period covered, the national herd rose from 3,324,291 to 12,679,104 head, while the number of farms reporting pigs fell from 452,935 to 7,371.4
The same animal, a different industry. Census of Agriculture: the herd roughly quadrupled while the number of farms holding pigs fell by about 98%.
Source: Statistics Canada, The changing face of the Canadian hog industry.4 Chart: Zeus eBikes, drawn to scale.
The mechanism of that change was confinement. Intensive housing systems piloted in poultry in the 1950s were adapted to swine production through the 1970s and 1980s, moving animals from outdoor and mixed-farm systems into total-confinement barns with slatted floors.8
Hold that against the legal timeline in the next section. The industry was rebuilt from the ground up inside roughly two generations. The law governing how its animals may be treated was not.
7. Why There Is No Federal Law
Readers reasonably assume the Criminal Code is the backstop. It is — but of a particular and limited kind.
Canada's animal cruelty offences sit in Part XI of the Criminal Code, titled "Wilful and Forbidden Acts in Respect of Certain Property." Animals are addressed, in significant part, as property, and the offences function largely as property offences. Legal analyses of the provisions note that despite amendments over the years, the cruelty offences have not changed significantly since the first Criminal Code was codified in 1892.9
It is not for want of attempts. The Library of Parliament's own legislative summary records a sustained and unsuccessful reform effort — six bills, in the sequence C-17, C-15B, C-10, C-10B, C-22 and C-50, none of which became law.10 Bill C-10B passed the Commons and stalled in the Senate; Bill C-50, sponsored by the Minister of Justice, died with the Parliament in 2005.10
The most recent substantial attempt was Bill C-246, the Modernizing Animal Protections Act, a private member's bill from Liberal MP Nathaniel Erskine-Smith. On 5 October 2016 it was defeated at second reading, 84 to 198.11 The recorded division shows the Prime Minister and senior ministers among the nays, and the Conservative caucus voting against near-unanimously; most New Democrat members and the large majority of Bloc members voted in favour.11 Opposition to the bill was organised substantially by farm, hunting and fishing groups arguing it was drafted too broadly and could reach lawful livestock production.11
Every MP's vote on that division is permanently public, by name and riding, on the House of Commons record.11 Anyone who wants to know how their own member voted can look it up in under a minute; that page, not this article, is the authoritative list.
By contrast, the narrow bills passed. Bill C-84 (2019) expanded bestiality and animal-fighting offences and became law.12 The pattern across three decades is consistent: broad animal-protection reform fails; narrowly scoped reform succeeds.
8. What Is Not True — A Correction Worth Publishing
An article of this kind attracts a particular assumption: that the votes were bought. It is worth stating clearly that this publication looked and cannot support that claim, because the mechanism people imagine does not legally exist.
Corporate and union contributions to federal political parties and candidates have been prohibited in Canada since 1 January 2007, under the Federal Accountability Act. Contributions may be made only by individuals, subject to statutory annual limits.13 A company or an industry association could not lawfully have donated to the campaigns of the MPs who voted on C-246 in 2016.
What does exist, and is public, is lobbying. The Canadian Pork Council is a registered in-house organisation in the federal Registry of Lobbyists, registered since 1996, whose filed subject matters include meat inspection regulation, food safety programmes and animal care programmes, with departments including Agriculture and Agri-Food Canada and the Canadian Food Inspection Agency.14
That is entirely lawful and openly disclosed — which is precisely why it is the right place to look. Registered advocacy by a well-organised sector, conducted in the open over decades, is a more complete explanation of a stable policy outcome than any transaction would be, and it does not require anyone to have broken a rule.
9. What a Different Answer Looks Like
None of this is inevitable, and the clearest evidence is that a comparable jurisdiction chose differently.
EU Council Directive 2008/120/EC, laying down minimum standards for the protection of pigs, has since 1 January 2013 prohibited keeping sows in individual stalls for the bulk of pregnancy, permitting them only for a defined early period after service and the week before farrowing.15 On mutilations, the Directive provides that tail docking and reduction of corner teeth "must not be carried out routinely" but only where injury has been evidenced, and only after other measures — such as addressing environment and stocking density — have been taken.15
Set that against the Canadian position. In the EU, routine tail docking is prohibited as a matter of binding law and stall housing was restricted from 2013. In Canada, tail docking is permitted subject to a post-procedure analgesic under a voluntary Code, and the stall transition has been deferred to 2029. The gap is not a difference in scientific knowledge — the same research literature was available to both. It is a difference in who was permitted to write the rule.
10. What the Science Says, Including Where It Argues
The comparative literature on pig cognition is substantial. The most-cited synthesis is Marino and Colvin's review in the International Journal of Comparative Psychology, which surveys experimental work on pig cognition, emotion and personality and concludes the findings are suggestive of complex psychology.16 A companion white paper by Marino, Colvin and Torgerson-White summarises the same body of work for a general audience, including evidence that pigs discriminate between individual animals and humans, perform spatial learning and memory tasks, and show discrimination of time intervals — in one study choosing reliably between enclosures they had learned to associate with 30 minutes versus four hours of confinement.17 Separately, pigs have been trained to operate a joystick-controlled cursor task, moving a cursor toward an on-screen target.18
Where the evidence argues with itself. A widely repeated 2009 finding by Broom and colleagues reported that pigs shown a mirror could use the reflection to locate food hidden behind a barrier.19 A 2014 study by Gieling and colleagues, titled "Lack of mirror use by pigs to locate food," did not reproduce it.20 Cross-species intelligence rankings are contested for a further reason: results depend heavily on which task is chosen, and tasks suited to a snout will flatter a pig for reasons unrelated to intellect.
This article therefore makes no claim that pigs are more intelligent than dogs. It does not need one. The legal question raised by the exemption is not which animal is cleverer. It is whether the animal can suffer — and Quebec's legislature has already answered that in the preamble to its own statute.2
11. Three Precedents for Industry-Defined Standards
The arrangement documented here — a legal threshold defined by the sector it governs — is not novel, and its record is documented.
The room where a standard gets written is rarely dramatic. Photo illustration — created with Playcut AI.
Lead. From 1925, the toxicologist Robert Kehoe supplied the working threshold for acceptable human lead exposure, maintaining that below a certain level there was no cause for concern. The lead industry built and equipped his laboratory, paid his salary and financed most of his research; because nearly all funding for research on leaded gasoline came from industry and most was routed to him, he held what historians of the episode describe as an almost complete monopoly on the data, and the arrangement served as a model for voluntary industry self-regulation. The paradigm was not seriously displaced until Clair Patterson's work published in 1965 demonstrated that environmental lead had risen sharply since leaded petrol was introduced.21
Sugar. Kearns, Schmidt and Glantz reported in JAMA Internal Medicine in 2016 that internal Sugar Research Foundation documents showed the industry sponsored a 1965 literature review that emphasised fat and cholesterol as dietary causes of coronary heart disease and downplayed evidence implicating sucrose, without disclosure of the funding.22
Tobacco. A 1969 internal industry memorandum recorded the strategy in a sentence: "Doubt is our product since it is the best means of competing with the 'body of fact' that exists in the minds of the general public."23
The limit of the comparison, stated explicitly. These cases are cited for a structural property they share — a standard set, in whole or part, by the regulated interest — and for nothing else. No claim is made or implied that any Canadian agricultural organisation has engaged in the concealment, funding non-disclosure or deliberate manufacture of doubt documented in those episodes. The NFACC process is published, its committee membership is printed in the Code, and its voluntary status is stated openly. The argument here is that the arrangement is structurally unsound regardless of the good faith of the people inside it — which is the ordinary reason we do not ask any institution to write the rule that binds it.
In each historical case the correction arrived the same way: from someone outside the arrangement who obtained the underlying facts independently. Not from improved voluntary standards, and not from stronger commitments.
Which identifies precisely what is missing in this one. There is no independent public dataset on conditions inside Canadian barns. The Codes are voluntary, verification is internal to the system, and the statutory exemption means provincial cruelty inspectors largely do not arrive. The absence of a scandal is not evidence of the absence of suffering; it is evidence that nobody outside is counting.
13. The Last Door, Closed in June 2026
Section 11 concluded that in every historical case the correction arrived from outside — from someone who obtained the underlying facts independently. It is worth being current about what that route looks like in Canada today, because it changed two months before this article was published.
Ontario's Security from Trespass and Protecting Food Safety Act, 2020 prohibits trespass on farms and other premises where farm animals are kept, bars obtaining access to such premises under false pretences, and creates offences for interfering or interacting with farm animals in transport vehicles. It defines "animal protection zones" on farms and at processing facilities, and carries a two-year limitation period running from when evidence first comes to a police officer's attention.28
In April 2024, the Ontario Superior Court struck down key provisions, with Justice Markus Koehnen holding that restrictions reaching undercover investigation at farms and slaughterhouses infringed the freedom of expression guaranteed by s. 2(b) of the Charter.29
In June 2026, the Ontario Court of Appeal reversed that decision and reinstated the Act in full, holding that the legislation did not violate the respondents' Charter rights.29 It is in force now.
Why this belongs in an article about an exemption. Follow the two mechanisms together. The agricultural exemption in s. 13(2) means provincial cruelty inspectors largely do not arrive at a farm operating within generally accepted practice. The trespass legislation restricts the route by which outside documentation has historically been obtained. Recall how the only pig-farm convictions described in section 12 came about: hidden-camera footage, supplied to authorities by an advocacy organisation.26
That is the closed loop this whole article has been tracing. The state does not inspect because the practice is exempt; the exemption is defined by the industry; and the documentation route that produced the one real conviction now runs through a statute reinstated in June 2026. The absence of scandal remains what it was at the start of this piece — not evidence that nothing is happening, but evidence that almost no one is permitted to look.
What this article is not suggesting. Nothing here encourages any reader to enter a farm, a processing facility or an animal protection zone, to seek access to one under any pretence, or to interfere with a vehicle transporting animals. Those acts are offences in Ontario and this publication does not counsel them. Every instrument in the toolkit below operates entirely through lawful public channels — correspondence, petitions, freedom-of-information requests and formal consultation. The argument of this article is that those lawful channels are the ones that need to work, precisely because the others have been closed.
14. The Citizen's Toolkit — Working Instruments, Step by Step
This article does not tell anyone what to eat. Zeus sells electric bicycles and has no standing to hold views about anyone's diet; the subject here is who writes law. What follows is built to be used — copy it, change the bracketed fields, send it.
The design principle behind every text below. A request fails when it asks a government for something it can truthfully say it does not control. Federal ministers deflect farm welfare to the provinces, because the exemption is provincial. Provinces deflect to the Codes, because the Codes fill the blank. So each instrument below asks only for things the recipient unambiguously owns, and names the expected deflection inside the text so that using it is visibly non-responsive. That is the whole trick, and it is available to anyone.
Instrument 1 — The provincial ask (this is the real lever)
Why here: the exemption is in a provincial statute. The legislature that wrote s. 13(2) — or your province's equivalent — can narrow it tomorrow without Ottawa's involvement, and cannot claim otherwise.
Step by step. Find your member on your legislature's website by postal code. Send the text below by email, and post a paper copy — offices weight physical mail more heavily. Ask explicitly for a written reply. If you get a form response that does not address the four asks, reply once, quoting your original, and ask which of the four the government declines and why.
Copy-paste — letter to your MPP / MLA / MNA
Dear [Member's name],
I am a constituent in [riding]. I am writing about the agricultural exemption in [Ontario's Provincial Animal Welfare Services Act, 2019, s. 13(2) / my province's animal welfare statute], which disapplies the standards of care to activities carried on in accordance with "reasonable and generally accepted practices" of agricultural animal care, management or husbandry.
The Act does not define that phrase. In practice it is filled by the Codes of Practice published by the National Farm Animal Care Council. Those Codes are voluntary. The pig Code states that it represents "the best achievable balance" among the parties who wrote it, and that "failure to implement Recommended Practices does not imply that acceptable standards of animal care are not being met." Its committee was chaired by a producer representing the Canadian Pork Council.
I am therefore asking you, as a member of the legislature that enacted this exemption, to support four measures — each of which is squarely within provincial jurisdiction and requires no federal action:
1. Define "generally accepted practice" in the statute itself, rather than leaving it to a document the province does not write;
2. Make compliance with the Codes of Practice legally enforceable, so that the standard filling the exemption has the force the exemption assumes it has;
3. Require pain control — anesthetic, not only post-procedure analgesic — for painful husbandry procedures regardless of the animal's age;
4. Require and publish annual inspection data for farmed animals, as the province already publishes general animal-welfare enforcement statistics.
I would ask you not to reply that these matters are addressed by the Codes of Practice or by the federal government. The Codes are voluntary by their own terms, and the exemption is provincial law. Please tell me which of the four measures you support, and which you do not.
I would be grateful for a written response. Sincerely, [name, address, postal code]
Instrument 2 — A provincial petition that must be answered
Why it works: in Ontario, a petition presented in the House obliges the government to file a response with the Clerk and the presenting member within 24 sitting days.24 That is a compelled written answer on the public record.
Step by step. (1) Ask any MPP other than a cabinet minister or the Speaker to present it — an opposition member will usually agree. (2) Format it to the Assembly's rules: the request must appear at the top of every sheet, and signatures must be original and written directly on the face of the petition, not pasted or transferred.24 (3) Gather signatures with addresses. (4) Deliver to the member's constituency office. (5) Diarise 24 sitting days and publish the response you receive. Other provinces have comparable procedures — check your own Assembly's standing orders.
Copy-paste — petition text (put this block at the top of every signature sheet)
To the Legislative Assembly of Ontario:
WHEREAS the Provincial Animal Welfare Services Act, 2019 requires every person who owns or cares for an animal to comply with the standards of care; and
WHEREAS section 13(2) of that Act disapplies those standards to agricultural animal care carried on in accordance with "reasonable and generally accepted practices," a phrase the Act does not define; and
WHEREAS that undefined phrase is filled in practice by Codes of Practice that are voluntary, that are developed by committees led by the industries they govern, and that state they represent "the best achievable balance" among those parties; and
WHEREAS the transition away from gestation stalls set by the 2014 pig Code for July 1, 2024 was moved to July 1, 2029 without legal consequence, because the Code is voluntary;
WE, the undersigned, petition the Legislative Assembly of Ontario to: (1) define "generally accepted practice" within the Act; (2) make compliance with the Codes of Practice legally enforceable; (3) require anesthetic for painful husbandry procedures at any age; and (4) require and publish annual inspection data for farmed animals in Ontario.
Instrument 3 — The federal e-petition (Criminal Code only)
Why narrow: a federal petition is certified only if its subject falls within federal authority. Farm welfare is largely provincial — but the Criminal Code is exclusively federal under s. 91(27) of the Constitution Act, 1867. Asking Ottawa to regulate barns invites the deflection that ended petition e-2997. Asking Ottawa about its own Criminal Code does not.
Step by step. Draft at petitions.ourcommons.ca; gather 5–10 supporters with email addresses before you submit — they become the first signatories and this is the step that stalls people; secure one MP sponsor, who has 30 days to authorise; publication follows in about five working days; choose the 120-day signature window; 500 valid signatures certifies it; the government must respond within 45 calendar days. If it fails to, the failure is automatically referred to a standing committee, whose chair must convene a meeting within five sitting days — so silence is a better outcome than a reply, and the sponsoring member should choose the committee in advance.
Copy-paste — federal e-petition text (~230 words)
Whereas:
Canada's animal cruelty offences are contained in Part XI of the Criminal Code, entitled "Wilful and Forbidden Acts in Respect of Certain Property," and have not changed significantly since the Criminal Code was first codified in 1892;
Amendment of the Criminal Code falls within the exclusive legislative authority of Parliament under section 91(27) of the Constitution Act, 1867;
Six bills to modernize these provisions — C-17, C-15B, C-10, C-10B, C-22 and C-50 — failed to become law, and Bill C-246 was defeated at second reading on October 5, 2016;
Canada holds no national public dataset on the housing or condition of farmed animals, which prevents Parliament from assessing the effect of any measure it might adopt;
We, the undersigned, citizens and residents of Canada, call upon the Government of Canada to:
1. Introduce legislation, within Parliament's exclusive jurisdiction, to remove animal cruelty offences from the Part of the Criminal Code governing offences against property and enact them as offences against animals;
2. Report publicly on what federal action has been taken on animal cruelty law reform since the defeat of Bill C-246 in 2016;
3. Collect and publish national data on the housing and welfare of farmed animals;
4. State Canada's position on the proposed United Nations Convention on Animal Health and Protection.
Instrument 4 — Freedom of information: the request with legal teeth
Why this one matters most. Letters and petitions produce statements. A freedom-of-information request produces records — and unlike a petition, it carries an enforcement path. In Ontario a request costs $5, the institution has 30 days to respond, no response is a "deemed refusal," and a deemed refusal can be appealed to the Information and Privacy Commissioner.25 Federally, the Access to Information Act gives 30 days, treats non-response as deemed refusal, and the Information Commissioner holds binding order-making power enforceable in Federal Court.
Step by step. File to your provincial ministry of agriculture, and federally to Agriculture and Agri-Food Canada and the CFIA. Ask for records, not opinions — briefing notes, inspection summaries, correspondence. Diarise the 30 days. If nothing arrives, file the appeal; it is a form, not a lawsuit.
Copy-paste — FOI request wording
Under [the Freedom of Information and Protection of Privacy Act / the Access to Information Act], I request the following records created between [date] and the date this request is processed:
1. All briefing notes, memoranda and decision notes concerning the agricultural exemption in [the Provincial Animal Welfare Services Act, 2019 / the applicable provincial animal welfare statute], including any consideration of defining "generally accepted practice" in legislation or regulation;
2. All records concerning the enforceability of the National Farm Animal Care Council Codes of Practice, including any legal opinions on their status;
3. Any data holdings, inspection summaries or statistical compilations concerning the housing, condition or inspection of farmed animals in [province];
4. All correspondence between the ministry and the National Farm Animal Care Council, the Canadian Pork Council, or provincial pork organisations concerning animal welfare standards.
I request records in electronic format. If any part is withheld, please cite the specific exemption relied upon.
Instrument 5 — Comment during a Code review
NFACC runs public comment periods when a Code is revised, and submissions are a formal input into the standard itself. It is the one point in the circuit where an outside voice is invited by design. Watch nfacc.ca for open comment periods and file during the window — a comment submitted inside the process carries procedural weight that a letter outside it does not.
Instrument 6 — Check the record, then ask
Bill C-246's division is public by name and riding.11 Look up how your own member voted, or — if they were not yet elected — ask how they would vote today. It is a fair question, it is answerable in one sentence, and the answer is quotable.
Organisations with legal standing, for those who would rather fund the work than do it: Animal Justice (litigation and regulatory complaints), Humane Canada (the national federation), and World Animal Protection Canada (which maintains the index that grades us).
12. Who Has Actually Been Convicted
A reasonable question follows everything above: if the exemption is this wide, has anyone in Canada ever been convicted of cruelty to a pig? The answer is yes — rarely — and the most instructive case is the one that maps directly onto the procedures documented in section 4.
Paragon Farms, Ontario (2023)
Following an investigation begun in autumn 2020, two corporate entities — Ontario Management Group Inc. and Great Lakes Pork Inc. — pleaded guilty and were each convicted of two offences under the Provincial Animal Welfare Services Act.26
What they pleaded guilty to matters enormously here. The convictions included performing a caesarean section on a conscious pig, and castrating piglets and cutting off their tails without providing any pain relief. The operation acknowledged that it had stopped purchasing pain medication for the piglets earlier that year, resuming only after authorities opened the investigation.26
The maximum available penalty was $500,000 per offence. Each entity was fined $5,000 per offence — $20,000 in total. A worker was fined $1,000.26
British Columbia — and the asymmetry
The other well-documented Canadian case ran the opposite way, and honesty requires reporting it precisely.
After footage from a hog farm near Abbotsford was publicised in 2019, the BC SPCA investigated, including a physical inspection of the premises. It concluded there was insufficient evidence to recommend charges to Crown counsel, reopened the file, and reached the same conclusion again; its enforcement officer cited the legality of how the video was obtained as a complicating factor. No charges were laid against the farm or its owners, and nothing in this article suggests any offence was committed there.27
Charges were laid in connection with the episode — against the activists. Amy Soranno and Nick Schafer were convicted by a jury of break-and-enter and mischief in July 2022 and each sentenced to 30 days in jail, with probation and a prohibition on contacting the farm or attending animal farms; the trial judge's exclusion of evidence about alleged mistreatment was upheld on appeal.27
Set the two cases side by side. In Ontario, a company convicted on its own guilty plea of cutting piglets without pain relief paid $5,000 a count. In British Columbia, the only people who went to jail in connection with a pig farm were the people who filmed it. Neither outcome involved anyone breaking the law as it is written — which is the argument of this entire article, arriving from the enforcement side.
A note on what this section does and does not say. The Ontario entities named above are identified because they entered guilty pleas that are a matter of court record. The British Columbia farm is deliberately not named as a wrongdoer, because no charges were laid and no finding was made against it; it appears here only as the documented context for convictions that were entered against other people. Readers should draw no inference of guilt where none was established.
The close. Nothing documented in this article is unlawful. That is the finding, not a weakness in it. A sow may be confined in a manner that would cost a person the right to keep a dog, and the difference is not a fact about the animal — it is an undefined phrase in a statute, filled in by a committee chaired by the industry the statute governs, in a document that describes itself as the best achievable balance.
We have permitted this arrangement before — for lead in the air, sugar in the diet, smoke in the lungs — and it has never once held. It ended the same way every time: someone outside the arrangement finally measured it.
The pigs cannot commission that measurement. It was never reasonable to expect they could.
15. Questions Readers Ask
Are farm animals protected by animal cruelty laws in Canada?
Only partially. Ontario's Provincial Animal Welfare Services Act states at s. 13(2) that its standards of care do not apply to agricultural animal care carried on in accordance with reasonable and generally accepted practices. Quebec's Animal Welfare and Safety Act states at s. 7 that its welfare and distress provisions do not apply to agricultural activities carried on in accordance with generally recognized rules. Comparable exemptions exist in every province and Yukon. The Criminal Code still applies, but its cruelty offences sit under a part addressing property and are rarely used against standard farming practice.
What does "generally accepted practice" mean in Canadian law?
The statutes do not define it. In practice, enforcement bodies look to the Codes of Practice published by the National Farm Animal Care Council. Those Codes are voluntary, and the pig Code was produced by a committee chaired by a Canadian Pork Council producer, with roughly eight industry-affiliated seats against one animal-welfare seat.
Who wrote Canada's pig welfare standard?
The Pig Code Development Committee, whose membership is published in Appendix P of the Code itself. It was chaired by Florian Possberg, a producer representing the Canadian Pork Council, and included three further Canadian Pork Council producers, representatives of the Canadian Meat Council, Conestoga Meat Packers, Manitoba Pork Council, Les Éleveurs de porcs du Québec and a livestock transport company, alongside a veterinarian, an agricultural engineer, an academic, provincial and federal officials, and one animal-welfare representative from the Canadian Federation of Humane Societies and BC SPCA.
Can piglets be castrated without anesthetic in Canada?
Under the Code's binding Requirements, anesthetic is required only for castration performed after 10 days of age. For a piglet younger than that, the requirement since 1 July 2016 is an analgesic to control post-procedure pain. Using anesthetic during the procedure for all pigs appears in the Code as a Recommended Practice, a tier the Code states may be left unimplemented while still meeting acceptable standards of care.
Are gestation crates banned in Canada?
No. The 2014 pig Code set a transition to group sow housing by 1 July 2024. That deadline was moved during the Code review to 1 July 2029. Estimates reported by welfare organisations put roughly 70% of Canadian sows still in stalls. Because the Code is voluntary, the date is a commitment rather than a legal prohibition. In the European Union, by contrast, stall housing for most of pregnancy has been prohibited since 1 January 2013 under Directive 2008/120/EC.
Why has Canada never passed a modern federal animal cruelty law?
Canada's cruelty offences sit in a part of the Criminal Code addressing property and are substantially unchanged since 1892. Six modernisation bills — C-17, C-15B, C-10, C-10B, C-22 and C-50 — failed between the late 1990s and 2005. The last major attempt, Bill C-246, was defeated at second reading 84 to 198 on 5 October 2016 after organised opposition from farm, hunting and fishing groups arguing it was too broad. Narrower bills, such as C-84 in 2019, have passed.
Did industry money buy those votes?
No evidence supports that, and the mechanism does not legally exist. Corporate and union donations to federal parties and candidates have been prohibited since 1 January 2007 under the Federal Accountability Act; only individuals may contribute, within statutory limits. What is documented is lawful registered lobbying: the Canadian Pork Council has been a registered in-house organisation in the federal Registry of Lobbyists since 1996, with filed subject matters including animal care programmes.
Are pigs as intelligent as dogs?
The literature documents substantial cognitive complexity in pigs, including discrimination learning, spatial memory, time discrimination and joystick-operated cursor tasks. But cross-species rankings are contested and depend heavily on the task chosen, and at least one attempted replication failed to reproduce a well-known mirror-use finding. The more defensible point is that on the capacity the law claims to care about — the ability to suffer — the science does not support treating the two species oppositely.
References
All sources consulted and verified 3 August 2026. Statutory text quoted from the enacted versions.
- Provincial Animal Welfare Services Act, 2019, SO 2019, c 13 (Ontario), ss. 13(1)–(2), 15(1)–(4). Text as enacted, Legislative Assembly of Ontario, Bill 136, 42nd Parl, 1st Sess. ola.org.
- Animal Welfare and Safety Act, CQLR c B-3.1 (Québec), preamble and ss. 5–7. Consolidated statute, Publications du Québec. legisquebec.gouv.qc.ca.
- National Farm Animal Care Council, Code of Practice for the Care and Handling of Pigs (2014). Requirements and Recommended Practices at §§4.5.1–4.5.5; Summary of Code Requirements, Appendix Q; Pig Code Development Committee membership, Appendix P; glossary definitions of "analgesic" and "anesthetic." PDF.
- Statistics Canada, The changing face of the Canadian hog industry, catalogue 96-325-X. statcan.gc.ca.
- BC SPCA, Laws for farmed animals — exemption present in all provinces and Yukon; term undefined. spca.bc.ca. See also Animal Justice, No Laws for Farmed Animals: What Are NFACC Codes of Practice? animaljustice.ca.
- The Pig Site, Canada pushes gestation crate phase-out deadline to 2029 (January 2021). thepigsite.com.
- Vancouver Humane Society and Winnipeg Humane Society campaign materials citing the proportion of sows remaining in stalls. vancouverhumanesociety.bc.ca. Figure reported by advocacy organisations; no government dataset publishes it.
- Adoption of confinement housing in Canadian swine production, 1970s–1980s, adapted from poultry systems of the 1950s. See Animal Welfare and Pig Factory Farming in Ontario, Canada (1950s–Present) and Manitoba Co-operator contemporaneous accounts.
- Animal Legal & Historical Center, Detailed Discussion of Canada's Anti-Cruelty Laws — Part XI classification and the 1892 lineage. animallaw.info.
- Library of Parliament, Legislative Summary of Bill C-50: An Act to amend the Criminal Code in respect of cruelty to animals — sequence of failed reform bills. lop.parl.ca.
- House of Commons, Vote No. 120, 42nd Parl, 1st Sess, 5 October 2016 (Bill C-246, second reading; defeated 84–198). ourcommons.ca. Bill record: LEGISinfo.
- Library of Parliament, Legislative Summary of Bill C-84: An Act to amend the Criminal Code (bestiality and animal fighting). lop.parl.ca.
- Federal Accountability Act, SC 2006, c 9 — ban on contributions by corporations, trade unions and associations, effective 1 January 2007; individual contribution limits. Justice Laws.
- Office of the Commissioner of Lobbying of Canada, Registry of Lobbyists — Canadian Pork Council, in-house organisation registration (client number 11850). lobbycanada.gc.ca.
- Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs — group housing of sows (in force 1 January 2013); prohibition on routine tail docking and tooth reduction. EUR-Lex; European Commission, Animal welfare — pigs.
- Marino L, Colvin CM. "Thinking Pigs: A Comparative Review of Cognition, Emotion, and Personality in Sus domesticus." International Journal of Comparative Psychology 2015;28. Repository record.
- Marino L, Colvin CM, Torgerson-White L. Thinking Pigs: Cognition, Emotion, and Personality (Kimmela Center for Animal Advocacy / Farm Sanctuary white paper) — time discrimination between 30-minute and four-hour confinement; discrimination of individual animals and humans; spatial learning and memory. PDF. Cited as a review for a general audience, distinct from ref. 16.
- Croney CC, Boysen ST. "Acquisition of a Joystick-Operated Video Task by Pigs (Sus scrofa)." Frontiers in Psychology 2021;12:631755. Frontiers.
- Broom DM, Sena H, Moynihan KL. "Pigs learn what a mirror image represents and use it to obtain information." Animal Behaviour 2009;78(5):1037–1041. ScienceDirect.
- Gieling ET, et al. "Lack of mirror use by pigs to locate food." Applied Animal Behaviour Science 2014. ScienceDirect. Failure to replicate ref. 19.
- "Clair Patterson and Robert Kehoe's Paradigm of 'Show Me the Data' on Environmental Lead Poisoning." Environmental Research. ScienceDirect.
- Kearns CE, Schmidt LA, Glantz SA. "Sugar Industry and Coronary Heart Disease Research: A Historical Analysis of Internal Industry Documents." JAMA Internal Medicine 2016;176(11):1680–1685. doi:10.1001/jamainternmed.2016.5394. PMC5099084.
- Brown & Williamson internal memorandum, 1969 ("Doubt is our product"), as documented in the tobacco-document literature and in Michaels D, Doubt Is Their Product (Oxford University Press, 2008).
- Animal Justice, Pig Farm Convicted of Abuse With Hidden-Camera Footage — Ontario Management Group Inc. and Great Lakes Pork Inc., guilty pleas, two convictions each under the Provincial Animal Welfare Services Act; $5,000 per offence against a $500,000 maximum; admissions regarding castration and tail docking without pain relief and cessation of pain-medication purchasing. animaljustice.ca. See also Brooks Institute, Animal Law Digest: Canada Edition, Issue 54.
- BC SPCA statement that no charges would be recommended following its investigation near Abbotsford (2019), as reported by The Abbotsford News; convictions and sentencing of Amy Soranno and Nick Schafer, and the appeal outcome, as reported by The Chilliwack Progress and Animal Justice.
- Security from Trespass and Protecting Food Safety Act, 2020, SO 2020, c 9 (Ontario) (Bill 156) — trespass on premises where farm animals are kept; access under false pretences; interference with farm animals in motor vehicles; animal protection zones; two-year limitation period. ola.org; Ontario Federation of Agriculture summary, ofa.on.ca.
- Superior Court decision of Koehnen J. striking down provisions on Charter s. 2(b) grounds (April 2024), as reported by AgCanada; Ontario Court of Appeal reinstating the Act in full (June 2026), as reported by Farmtario, RealAgriculture and Animal Justice. Reported here as covered by named outlets; the reasons for judgment were not retrieved directly for this article.
- Legislative Assembly of Ontario, Petitions and Standing Orders (January 2025) — format requirements; government response filed within 24 sitting days of presentation. ola.org.
- Information and Privacy Commissioner of Ontario — 30-day response requirement, mandatory $5 application fee, deemed refusal, and appeal process under FIPPA. ipc.on.ca; Government of Ontario, Freedom of information request.
Limitations
- Commercial interest disclosed. Zeus eBikes Canada sells electric bicycles. This article recommends no product and links to none; every figure is sourced so that it can be checked without trusting the publisher.
- Not original field reporting. No barn was visited and no facility was inspected for this article. It is an analysis of published law, published standards and published data.
- The ~70% stall figure is advocacy-reported. No government dataset publishes national sow-housing composition — an absence which is itself part of the finding.
- No party was contacted for comment before publication. This does not meet the pre-publication comment standard a newsroom would apply. A right of reply is open and corrections will be published.
- Code editions change. Quotations are from the pig Code as published; a Code under review may alter them, and readers should check the current edition.
- Not legal advice. Provincial law varies and this article summarises rather than advises.



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