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Bill 136, Provincial Animal Welfare Services Act, 2019

Jones, Hon. Sylvia Solicitor General

Royal Assent received. Statutes of Ontario 2019,

chapter 13

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Royal Assent

As Amended by Standing Committee

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Bill 136 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 136 and does not form part of the law.

Bill 136 has been enacted as

Chapter 13 of the Statutes of Ontario, 2019.

The

Bill enacts the Provincial Animal Welfare Services Act,

2019 , repeals the Ontario Society for the

Prevention of Cruelty to Animals Act and makes consequential amendments

to other Acts. The major elements of the Bill are described below.

Part

I (Interpretation)

This

Part defines terms that are used throughout the Act.

Part

II (Chief Animal Welfare Inspector)

This

Part establishes a Chief Animal Welfare Inspector.

The

Minister appoints the Chief Animal Welfare Inspector and may appoint deputy

Chief Animal Welfare Inspectors. The Minister has duties to monitor the Chief

Animal Welfare Inspector and handle complaints about him or her. In addition,

the Minister may establish policies and give directions to the Chief Animal

Welfare Inspector.

The

Chief Animal Welfare Inspector has several duties related to the appointment

and oversight of animal welfare inspectors as well as the provision of

necessaries for animals in the Chief Animal Welfare Inspector’s care. He or she

is an animal welfare inspector by virtue of being the Chief Animal Welfare

Inspector.

The

Chief Animal Welfare Inspector appoints animal welfare inspectors. These

appointments may be subject to conditions or limitations and may be amended,

suspended or revoked by the Chief Animal Welfare Inspector. The animal welfare

inspectors, including the Chief Animal Welfare Inspector, are subject to a code

of conduct.

Part

III (Complaints)

This

Part governs complaints about the conduct of animal welfare inspectors,

including the Chief Animal Welfare Inspector. The Minister handles complaints

about the Chief Animal Welfare Inspector, and the Chief Animal Welfare

Inspector handles all other complaints.

The

Chief Animal Welfare Inspector and the Minister shall investigate complaints if

they believe the matter complained of warrants investigation. If they discover

that the animal welfare inspector who is the subject of the complaint has

failed to comply with the code of conduct, they can take several actions

against them, up to and including revoking their appointment.

Part

IV (Duties and Prohibitions)

This

Part sets out several duties and prohibitions in respect of animals.

Every

person who owns or has custody or care of an animal must comply with the

standards of care and administrative requirements with respect to the animals.

These standards and requirements are established by regulation. There are

exceptions for certain agricultural and veterinary activities. Veterinarians

have a duty to report abuse, undue physical or psychological hardship,

privation or neglect.

person shall cause an animal to be in distress, permit an animal to be in

distress or knowingly or recklessly cause an animal to be exposed to an undue

risk of distress, subject to certain exceptions.

There

are several prohibitions relating to animal fights, including prohibitions on

the possession of equipment or structures used in animal fights. There is a

separate prohibition for causing harm or attempting to cause harm to law

enforcement or service animals.

person shall possess or breed an animal that has been prescribed by the

regulations as a prohibited animal. Orca possession and breeding continues to

be prohibited. In addition, the possession or breeding of animals that are

prescribed by the regulations as a restricted animal requires authorization by

the regulations.

Engaging

in prescribed activities without an authorization and causing animals to

undergo prescribed procedures are also prohibited.

Possessing,

purchasing or selling an item which may cause an animal distress and which is

prescribed by the regulations is also prohibited.

Part

V (Protection of Animals)

This

Part sets out some of the powers animal welfare inspectors have to determine

compliance with the Act and protect animals.

Animal

welfare inspectors may enter and inspect places to determine compliance with

certain requirements in the Act. They may apply for warrants to enter certain

places, and require a warrant to enter a dwelling unless the occupier of the

dwelling consents to the entry. They may ask for police assistance and may use

reasonable force to execute a warrant.

Their

inspection powers include the powers to inspect certain animals or things, to require

the production of any animal or thing that is relevant to the inspection, to

ask questions relevant to the inspection and to make reasonable inquiries.

Animal

welfare inspectors may also enter and search a place with the consent of the

occupier if they believe on reasonable grounds that there is an animal in

distress to be found there. They may also apply for a warrant to search the

place.

Inspectors

may enter any place, other than a dwelling, without a warrant if they have

reasonable grounds to believe that an animal is in critical distress and may

enter a dwelling if the time required to obtain a warrant may result in serious

injury or death to the animal.

animal welfare inspector who has reasonable grounds to believe that an animal

is in distress may order the owner or custodian to take certain actions to

relieve its distress or have the animal examined and treated by a veterinarian

at the expense of the owner or custodian.

Animal

welfare inspectors may take possession of animals in distress if these orders

aren’t complied with. They may also take possession on the advice of a

veterinarian or in cases where the owner or custodian cannot be found promptly,

or in cases where the animal is being trained to, or participating in, an

animal fight. The police may be called to assist and reasonable force may be

used to take possession of the animal. The Chief Animal Welfare Inspector may

then decide to keep an animal in the Chief Animal Welfare Inspector’s care if

certain concerns about returning the animal apply. Animal welfare inspectors

may also cause an animal to be euthanized with the consent of the owner or

custodian or in accordance with a veterinarian’s opinion.

Persons

to be prescribed in regulation are authorized to enter motor vehicles to

relieve animals in critical distress. They may cause reasonable damage in

entering the vehicle. They must promptly notify an animal welfare inspector and

must allow the inspector to inspect the animal and determine whether to take

possession of it.

Owners

or custodians are liable for the Chief Animal Welfare Inspector’s expenses in

providing necessaries to animals in the Chief Animal Welfare Inspector’s care.

Part

VI (Animal Care Review Board)

The

Animal Care Review Board is continued. Owners or custodians of animals may

appeal certain orders and decisions of the Chief Animal Welfare Inspector and

other animal welfare inspectors to the Board. The Board has the power to

confirm, revoke or modify these orders and decisions and to order that animals

be returned to their owner or custodian.

Part

VII (Enforcement)

This

Part sets out the powers of animal welfare inspectors to investigate offences

under the Act. The inspectors may apply for warrants to investigate potential

offences. A warrantless search may be authorized if the inspector has

reasonable grounds to believe that the time required to obtain a warrant would

lead to the loss, removal or destruction of evidence.

Inspectors

may ask the court to issue production orders to a person, other than a person

under investigation for an offence, and may seize certain animals or things related

to the commission of an offence under the Act. Animals seized as a result of a

contravention of the prohibitions against animal fighting are automatically

forfeited to the Crown in right of Ontario. Similarly, animals or things whose

possession is prohibited are also forfeited to the Crown.

Animal

welfare inspectors who have reasonable grounds to believe a person is contravening,

has contravened or is about to contravene certain provisions of this Act may

require the person to give his or her name and address. The inspectors may call

upon police to assist the inspector and may use whatever force is reasonably

necessary to exercise their powers under this Part.

Part

VIII (Offences and Penalties)

This

Part sets out both minor and major offences under the Act, which are subject to

different penalties.

also provides for administrative penalties for contraventions of conditions of

authorizations issued under

section 20 (Restricted animal possession or

breeding) or 21 (Prescribed activities) or for other prescribed provisions. It

allows the Chief Animal Welfare Inspector to issue notices of contravention in

respect of these contraventions and sets out a scheme for enforcing and

collecting on these penalties.

separate

section provides for orders to remove orcas that are possessed in

Ontario in contravention of

section 19.

Part

IX (General)

This

Part sets out some of the powers of police officers and First Nations

Constables in respect of animals. It also sets out an authority for veterinarians

to euthanize animals.

General

rules for forfeitures under the Act are set out. An immunity provision provides

for protection from personal liability for a number of different persons.

Part

X (Regulations)

This

Part sets out the regulation-making powers of the Lieutenant Governor in

Council and the Minister.

Part

XI (Transition)

This

Part sets out transitional rules in respect of the repealed Ontario Society for the Prevention of Cruelty to Animals Act .

Part

XII (Self-Amendments, Consequential Amendments and Repeal)

This

Part repeals the Ontario Society for the Prevention of

Cruelty to Animals Act .

Consequential

amendments are also made to several other Acts.

Part

XIII (Commencement and

Short Title)

This

Part sets out the commencement and

short title of the Act. Most of the Act

comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Bill 136 2019

Act to enact the Provincial Animal Welfare Services Act, 2019 and make

consequential amendments with respect to animal protection

CONTENTS

PART I

INTERPRETATION

Definitions

PART II

CHIEF ANIMAL WELFARE INSPECTOR

Chief Animal Welfare Inspector

Chief

Animal Welfare Inspector

Minister

Minister’s

duties

Provision of Information

Provision

of information

Animal Welfare Inspectors

Appointment

of animal welfare inspectors

Required

training

Conduct

of animal welfare inspectors

PART III

COMPLAINTS

Interpretation,

portion of a complaint

Public

complaints

Review

of complaints

Refusal

to investigate

Investigation

of complaints

PART IV

DUTIES AND PROHIBITIONS

Duties

Standards

of care and administrative requirements for animals

Obligation

to report

Distress, Animal Fights and Harm

Distress

Animal

fighting prohibitions

Harming

law enforcement or service animal

Prohibited and Restricted

Animals

Prohibited

animal possession or breeding

Prohibition

on orca possession and breeding

Restricted

animal possession or breeding

Prescribed Activities and

Procedures

Prescribed

activities

Prescribed

procedures

Prescribed

items

PART V

PROTECTION OF ANIMALS

General Inspection Powers

Inspection

to determine compliance

Powers

during inspection

Assisting

inspector during inspection

Power

to make reasonable inquiries

Entry where Animal is in

Distress

Entry

where animal is in distress

Critical

distress

Powers in Relation to Animals

in Distress

Order

to owner of animals, etc.

Taking

possession of animal in distress

Euthanization

of animal

Supply

necessaries to animals

Critical Distress in Motor

Vehicle

Critical

distress in motor vehicle

Miscellaneous

Liability

of owner or custodian for expenses

Abandoned

animal

PART VI

ANIMAL CARE REVIEW BOARD

Animal

Care Review Board

Appeal

to Board

Board

rules

Statutory

Powers Procedure Act

PART VII

ENFORCEMENT

warrants re offences

Warrant

to conduct tests

Production

orders

Seizure

Forfeiture

on conviction

Forfeiture

by motion in proceeding where possession is an offence

Required

self-identification

Police

assistance and use of force

PART VIII

OFFENCES AND PENALTIES

Offences

Offences

Limitation

period

Administrative Penalties

Administrative

penalties

Enforcement

of administrative penalty

Crown

debt

Chief

Animal Welfare Inspector may authorize collector

Collector’s

powers

Settlement

by collector

Other

means not a bar

Orders to Remove Orcas

Order

to remove orca

Order

to allow Chief Animal Welfare Inspector to cause orca to be removed

PART IX

GENERAL

Powers of Police,

Veterinarians, Etc.

Police

and First Nations Constable powers

Veterinarian

may euthanize animal

Shelter

deemed to be owner

Forfeiture

Authority

to deal with animal as if owner

Escheats

Act, 2015 does not apply

Exemption and Immunity

Exemption

for seizure in accordance with Act for officers, etc.

Immunity

Conflict

Conflict

with municipal by-laws

Service

Service

of orders, notices, etc.

PART X

REGULATIONS

Regulations

— Lieutenant Governor in Council

PART XI

TRANSITION

Ontario

Society for the Prevention of Cruelty to Animals Act

PART XII

SELF-AMENDMENTS, CONSEQUENTIAL AMENDMENTS AND REPEAL

Self-amendments

Animals

for Research Act

Animal

Health Act, 2009

Dog

Owners’ Liability Act

Ontario

Society for the Prevention of Cruelty to Animals Act

PART XIII

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Part I

Interpretation

Definitions

(1) In this Act,

“accredited

veterinary facility” means a veterinary facility as defined in the Veterinarians Act that is accredited under that Act; (“établissement

vétérinaire agréé”)

“administrative

requirement” means an administrative requirement prescribed by the Lieutenant

Governor in Council; (“exigence administrative”)

“Board”

means the Animal Care Review Board; (“Commission”)

“business

day” means a weekday, excluding a day that is a holiday; (“jour ouvrable”)

“Chief

Animal Welfare Inspector” means the Chief Animal Welfare Inspector appointed

under subsection 2 (1); (“inspecteur en chef du bien-être des animaux”)

“chief

of police” has the same meaning as in the Police Services

Act ; (“chef de police”)

“critical

distress” means distress that requires immediate intervention in order to

prevent serious injury or to preserve life; (“détresse critique”)

“distress”

means the state of being,

(

a) in

need of proper care, water, food or shelter,

(

b) injured,

sick, in pain or suffering, or

(

c) abused

or subject to undue physical or psychological hardship, privation or neglect;

(“détresse”)

“First

Nations Constable” means a First Nations Constable appointed under the Police Services Act ; (“agent des Premières Nations”)

“justice”

has the same meaning as in the Provincial Offences Act ;

(“juge”)

“Minister”

means the Solicitor General or such other member of the Executive Council as

may be assigned the administration of this Act under the Executive

Council Act ; (“ministre”)

“motor

vehicle” means a motor vehicle as defined in the Highway

Traffic Act ; (“véhicule automobile”)

“orca”

means a member of the species Orcinus orca ;

(“épaulard”)

“personal

information” has the same meaning as in the Freedom of

Information and Protection of Privacy Act ; (“renseignements personnels”)

“place”

includes any land, building, vehicle or vessel; (“lieu”)

“police

officer” has the same meaning as in the Police Services

Act ; (“agent de police”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“prohibited

animal” means an animal that has been prescribed as a prohibited animal; (“animal

interdit”)

“public

sector body” means,

(

a) a

Ministry, commission, board or other administrative unit of the Government of

Ontario, including any agency thereof,

(

b) a

municipality,

(

c) a

local board as defined in subsection 1 (1) of the Municipal

Act, 2001 or subsection 3 (1) of the City of

Toronto Act, 2006 ,

(

d) a

municipally-controlled corporation as defined in

section 223.1 of the Municipal Act, 2001 , and

(

e) a

city-controlled corporation as defined in

section 156 of the City of Toronto Act, 2006 ; (“organisme du secteur

public”)

“regulations”

means the regulations made under this Act; (“règlements”)

“restricted

animal” means an animal that has been prescribed as a restricted animal; (“animal

faisant l’objet de restrictions”)

“sell”

includes offer for sale and expose for sale; (“vente”)

“service

animal” means an animal described in subsection (2); (“animal d’assistance”)

“standard

of care” means a standard of care prescribed by the Lieutenant Governor in

Council; (“norme de soins”)

“veterinarian”

means a person licensed as a veterinarian by the College of Veterinarians of

Ontario. (“vétérinaire”)

Service

animal

(2) For

the purposes of this Act, an animal is a service animal if,

(

a) the

animal is required by a person with a disability for assistance; and

(

b) the

person has documentation from one of the following regulated health

professionals confirming that the person requires the animal for reasons

relating to their disability:

(

i) A

member of the College of Audiologists and Speech-Language Pathologists of

Ontario.

(ii) A

member of the College of Chiropractors of Ontario.

(iii) A

member of the College of Nurses of Ontario.

(iv) A

member of the College of Occupational Therapists of Ontario.

(

v) A

member of the College of Optometrists of Ontario.

(vi) A

member of the College of Physicians and Surgeons of Ontario.

(vii) A

member of the College of Physiotherapists of Ontario.

(viii) A

member of the College of Psychologists of Ontario.

(ix) A

member of the College of Registered Psychotherapists and Registered Mental

Health Therapists of Ontario.

Most

humane course of action

(3) For

the purposes of this Act, euthanasia is the most humane course of action for an

animal if,

(

a) immediate

veterinary treatment cannot prolong the animal’s life; or

(

b) prolonging

the animal’s life would result in undue suffering for the animal.

Minor

owner, custodian

(4) Where

the owner or custodian of an animal is a minor, the owner or custodian for the

purposes of this Act is deemed to be the minor’s parents or guardians.

Part II

Chief Animal Welfare Inspector

Chief Animal Welfare Inspector

Chief

Animal Welfare Inspector

(1) The Minister shall appoint a Chief Animal

Welfare Inspector and may appoint one or more deputy Chief Animal Welfare Inspectors.

Duties

of the Chief Animal Welfare Inspector

(2) The

duties of the Chief Animal Welfare Inspector are as follows:

1. To

appoint animal welfare inspectors.

2. To

supervise, direct and control animal welfare inspectors in the performance of

their duties and in the exercise of their powers.

3. To

ensure that animal welfare inspectors receive appropriate training respecting their

powers and duties.

4. To

handle complaints about animal welfare inspectors other than the Chief Animal

Welfare Inspector.

5. To

arrange for the provision of necessaries to, and otherwise arrange for the care

of, any animal in the Chief Animal Welfare Inspector’s care or otherwise in the

possession of an animal welfare inspector.

6. To

arrange for analyses in relation to the following:

i. The

management or allocation of resources related to this Act.

ii. The

delivery of programs and services related to this Act.

iii. The

evaluation of programs and services related to this Act.

7. To

perform such other duties as are assigned to him or her by or under this or any

other Act, including any duties prescribed by the Lieutenant Governor in

Council.

Required

training

(3) The

Chief Animal Welfare Inspector, and any deputy Chief Animal Welfare Inspector,

shall not perform any of their duties or exercise any of their powers under

this Act unless they have successfully completed the prescribed training, if

any.

Direction

(4) The

Chief Animal Welfare Inspector may issue a direction to another animal welfare

inspector with regard to the performance of the inspector’s duties or the

exercise of an inspector’s powers under this Act, including a direction to

conduct, not conduct or discontinue an inspection or investigation of an

offence or of an animal in distress, or to transfer an inspection or

investigation to another animal welfare inspector.

Delegation

(5) The

Chief Animal Welfare Inspector may delegate any of his or her powers and duties

under this Act or the regulations to a deputy Chief Animal Welfare Inspector or

another animal welfare inspector, subject to any limitations, conditions or

requirements set out in the delegation.

Deputy

Chief Animal Welfare Inspector

(6) A

deputy Chief Animal Welfare Inspector shall act in the place of the Chief

Animal Welfare Inspector if he or she is absent or unable to act and, when so

acting, shall perform all the duties and may exercise all the powers of the

Chief Animal Welfare Inspector.

Power

to disclose personal information

(7) Despite

any other Act, the Chief Animal Welfare Inspector, or person designated by the

Chief Animal Welfare Inspector for the purpose of this section, may disclose

personal information about an individual in accordance with the regulations.

Purpose

of disclosure

(8) Any

disclosure made under subsection (7) shall be for one or more of the following

purposes:

1. Protection

of the public or a member of the public.

2. Protection

of animals.

3. Keeping

the public informed with respect to the activities of animal welfare inspectors

under the Act in order to ensure public confidence in the administration of the

Act.

4. Law

enforcement.

5. Correctional

purposes.

6. Administration

of justice.

7. Enforcement

of and compliance with any municipal by-law, federal or provincial Act or

regulation, or any government program.

Purpose

of disclosure

(9) Any

disclosure made under subsection (7) shall be deemed to be in compliance with

clauses 42 (1) (

e) of the Freedom of Information and

Protection of Privacy Act and 32 (

e) of the Municipal

Freedom of Information and Protection of Privacy Act .

Same

(10) If

personal information is disclosed under subsection (7) to an institution within

the meaning of the Freedom of Information and Protection

of Privacy Act or the Municipal Freedom of

Information and Protection of Privacy Act , the institution shall collect

such information and subsections 39 (2) of the Freedom of

Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act

do not apply to that collection of personal information.

Minister

Minister’s

duties

(1) The Minister shall,

(

a) monitor

the Chief Animal Welfare Inspector’s performance of his or her duties and

the exercise of his or her powers under this Act;

(

b) handle

complaints about the Chief Animal Welfare Inspector;

(

c) monitor

the Chief Animal Welfare Inspector’s handling of complaints about animal

welfare inspectors and deputy Chief Animal Welfare Inspectors; and

(

d) monitor

the disclosure by the Chief Animal Welfare Inspector of personal

information about individuals.

Policies

and directions

(2) The

Minister may establish policies regarding the performance of the Chief Animal

Welfare Inspector’s duties and the exercise of his or her powers and may

issue directions to the Chief Animal Welfare Inspector regarding

the performance of those duties and the exercise of those powers.

policies or directions for certain matters

(3) The

Minister shall not establish a policy or issue a direction with respect to a

specific inspection, the exercise of a power in relation to a specific animal

in distress or a specific investigation into an offence.

Provision of Information

Provision

of information

(1) A public sector body that employs animal

welfare inspectors shall, at the frequency and in the manner set out in the regulations,

provide the person or unit specified by the Chief Animal Welfare Inspector with

prescribed information that,

(

a) is

related to the administration of this Act; or

(

b) is

for the purpose of compiling information, including statistical information, to

enable analysis in relation to,

(

i) the

management or allocation of resources related to this Act,

(ii) the

planning for the delivery of programs and services related to this Act, or

(iii) the

evaluation of those programs and services.

Information

to be provided on request

(2) A

public sector body shall provide the person or unit specified by the Chief

Animal Welfare Inspector with such information as the Chief Animal Welfare

Inspector may request from time to time in relation to the administration of

this Act or an issue described in subclause (1) (b) (i), (ii) or (iii).

Time

to comply

(3) The

information requested under subsection (2) shall be provided in the form and

manner, and within the time specified, in the Chief Animal Welfare Inspector’s

request.

Personal

information

(4) If

personal information is to be provided under this

section for the purpose

described in clause (1) (a), the Chief Animal Welfare Inspector must specify

that it shall be provided to a person or unit that is subject to direction by

the Chief Animal Welfare Inspector or that is within the ministry of the

Minister.

Same

(5) If

personal information is to be provided under this

section for the purpose

described in clause (1) (b), the Chief Animal Welfare Inspector must specify

that it shall be provided to an inter-ministerial data integration unit or a

ministry data integration unit within the meaning of subsection 49.1 (1) of the

Freedom of Information and Protection of Privacy Act .

Same

(6) For

greater certainty,

Part III.1 of the Freedom of

Information and Protection of Privacy Act applies to personal

information provided to an inter-ministerial data integration unit or a

ministry data integration unit under subsection (5).

Animal Welfare Inspectors

Appointment

of animal welfare inspectors

(1) The Chief Animal Welfare Inspector may, in

writing, appoint a person who is employed by a public sector body that is an

institution, within the meaning of the Freedom of

Information and Protection of Privacy Act or the Municipal

Freedom of Information and Protection of Privacy Act , as an animal

welfare inspector if the person satisfies the prescribed requirements.

Chief

Animal Welfare Inspector and Deputies are animal welfare inspectors

(2) The

Chief Animal Welfare Inspector and any deputy Chief Animal Welfare Inspector are,

by virtue of their office, animal welfare inspectors.

Conditions

and limitations

(3) In

appointing an animal welfare inspector, the Chief Animal Welfare Inspector may,

in writing, specify conditions that apply to an appointment, or otherwise limit

the authority of the inspector, in such manner as the Chief Animal Welfare

Inspector considers necessary or advisable.

Specified

employer

(4) The

Chief Animal Welfare Inspector shall, in the document appointing an animal

welfare inspector, record the name of the public sector body that employs the

inspector.

Automatic

termination of appointment

(5) An

animal welfare inspector’s appointment is immediately terminated, without

notice and without an opportunity to respond, if he or she ceases to be

employed by the public sector body specified in the document appointing the

inspector.

Amendment,

suspension revocation etc.

(6) The

Chief Animal Welfare Inspector may, in writing, from time to time and as the

Chief Animal Welfare Inspector considers necessary or advisable,

(

a) amend

or specify new conditions that apply to an animal welfare inspector’s

appointment, or otherwise limit the authority of the inspector;

(

b) suspend

an animal welfare inspector’s appointment for a specified period or until he or

she has complied with specified conditions; or

(

c) subject

to subsection (7), revoke an animal welfare inspector’s appointment.

Revocation

requirements

(7) Before

revoking an animal welfare inspector’s appointment, the Chief Animal Welfare

Inspector shall give the animal welfare inspector written notice with respect

to the reasons for the revocation and an opportunity to respond orally or in

writing, as the Chief Animal Welfare Inspector may determine.

Required

training

6 An animal welfare inspector appointed by the Chief Animal

Welfare Inspector shall not exercise any of his or her powers or perform any of

his or her duties under this Act unless they have successfully completed the prescribed

training, if any.

Conduct

of animal welfare inspectors

Code

of conduct

(1) Every animal welfare inspector, including,

for greater certainty, the Chief Animal Welfare Inspector and every deputy

Chief Animal Welfare Inspector, shall comply with the prescribed code of

conduct.

Peace

officer

(2) Every

animal welfare inspector is a peace officer for the purposes of enforcing this

Act.

Identification

(3) Every

animal welfare inspector who exercises a power under this Act shall, on

request, identify himself or herself as an inspector, produce identification

and explain the purpose of the exercise of the power.

Compliance

with direction

(4) An

animal welfare inspector shall comply with any direction from the Chief Animal

Welfare Inspector.

Part III

Complaints

Interpretation,

portion of a complaint

8 This Part applies to a portion of a complaint as if

it were a complaint, unless the context indicates otherwise.

Public

complaints

Complaint

re animal welfare inspector

(1) Any person, other than an animal welfare

inspector, may make a complaint in writing to the Chief Animal Welfare Inspector

about the conduct of an animal welfare inspector, other than the Chief Animal

Welfare Inspector.

Complaint

re Chief Animal Welfare Inspector

(2) Any

person, other than an animal welfare inspector, may make a complaint in writing

to the Minister about the conduct of the Chief Animal Welfare Inspector.

Forwarding

of complaints

(3) If

the Minister receives a complaint that should have been made to the Chief

Animal Welfare Inspector under subsection (1), he or she shall forward it to

the Chief Animal Welfare Inspector.

Same

(4) If

the Chief Animal Welfare Inspector receives a complaint that should have been

made to the Minister under subsection (2), he or she shall forward it to the

Minister.

Review

of complaints

Review

by Chief Animal Welfare Inspector

(1) The Chief Animal Welfare Inspector shall

review every complaint made to the Chief Animal Welfare Inspector under

subsection 9 (1) and determine whether there is cause for it to be

investigated.

Review

by Minister

(2) The

Minister shall review every complaint made to the Minister under subsection 9

(2) and determine whether there is cause for it to be investigated.

Refusal

to investigate

(1) The Chief Animal Welfare Inspector or the

Minister may refuse to cause a complaint to be investigated if,

(

a) the

facts on which the complaint is based occurred more than six months before the

complaint is made;

(

b) the

complainant was not affected by the conduct of the person who is the subject of

the complaint, as determined under subsection (3);

(

c) the

complaint alleges conduct that does not, on its face, constitute a failure to

comply with the code of conduct referred to in subsection 7 (1); or

(

d) in

the opinion of the Chief Animal Welfare Inspector or the Minister,

(

i) the

complaint is frivolous, vexatious or made in bad faith, or

(ii) having

regard to all the circumstances, dealing with the complaint is not in the

public interest.

Six-month

period

(2) In

determining whether to refuse to cause a complaint to be investigated because

the facts on which the complaint is based occurred more than six months before

the complaint is made, the Chief Animal Welfare Inspector or the Minister shall

consider,

(

a) whether

(

b) whether

the complainant is or was subject to an inspection, investigation or order

under this Act in respect of the events underlying the complaint; and

(

c) whether,

having regard to all the circumstances, it is in the public interest for the

complaint to be investigated.

Persons

affected by conduct

(3) For

the purposes of clause (1) (b), only the following persons shall be considered

to have been affected by the conduct:

1. A

person at whom the conduct was directed.

2. A

person who saw or heard the conduct or its effects as a result of being

physically present at the time and place where the conduct or its effects

occurred.

3. A

person who,

i. was

in a personal relationship with a person described in paragraph 1 at the time

that the conduct occurred, and

ii. suffered

loss, damage, distress, danger or inconvenience as a result of the conduct.

Public

interest

(4) In

assessing the public interest for the purposes of subclause (1) (d) (ii) or

clause (2) (c), the Chief Animal Welfare Inspector or the Minister shall

consider,

(

a) whether

the conduct has been or is currently the subject of an investigation under this

Act;

(

b) whether

the conduct could be more appropriately dealt with, in whole or in part, under

another Act or law or in another adequate forum;

(

c) whether

a decision to not conduct an investigation would negatively impact public

confidence in the administration of this Act; and

(

d) whether

an investigation is reasonably practicable, having regard to the information or

evidence available.

Notice

(5) If

the Chief Animal Welfare Inspector or the Minister refuses to investigate a

complaint in accordance with this section, he or she shall give notice of the

refusal, with reasons, and of the substance of the complaint to,

(

a) the

complainant;

(

b) the

person who is the subject of the complaint; and

(

c) any

other prescribed person.

Investigation

of complaints

(1) If there appear to be grounds to believe

that the matter complained of warrants investigation, the Chief Animal Welfare

Inspector or the Minister shall,

(

a) cause

the complaint to be investigated;

(

b) inform

the complainant about the investigation and keep him or her apprised of the

steps taken to resolve the complaint; and

(

c) notify

the person who is the subject of the complaint, and any other prescribed

person, about the investigation and the substance of the complaint.

Notice,

exception

(2) The

Chief Animal Welfare Inspector or the Minister is not required to provide

notice under clause (1) (

c) to the person who is the subject of the complaint

if, in the opinion of the Chief Animal Welfare Inspector or the Minister, as

applicable, doing so may prejudice the investigation.

Delay

(3) The

Chief Animal Welfare Inspector or the Minister may delay taking one of the

actions set out in subsection (1) if the subject matter of the complaint is the

subject of an investigation or proceeding under another Act or law, and the

delay may last until the conclusion of the investigation or proceeding.

Results

of investigation

(4) A

person who conducts an investigation of a complaint under subsection (1) shall

report their results in writing to the Chief Animal Welfare Inspector or the

Minister, as applicable.

Notification

(5) Unless

the regulations provide otherwise, the Chief Animal Welfare Inspector or the

Minister shall notify the complainant, the person who was the subject of the

investigation and any other prescribed person of the findings in the report.

Chief

Animal Welfare Inspector and Minister’s powers

(6) If,

in the opinion of the Chief Animal Welfare Inspector or the Minister, the

report discloses evidence that the person who is the subject of the

investigation has not complied with the code of conduct referred to in subsection

7 (1), the Chief Animal Welfare Inspector or the Minister may do one or more of

the following:

1. Reprimand

the person who is the subject of the complaint.

2. Suspend

the subject of the complaint’s appointment for a specified period or until he

or she has complied with specified conditions.

3. Impose

conditions on the person who is the subject of the complaint.

4. Revoke

the appointment of the person who is the subject of the complaint.

Before

imposing measures

(7) Before

exercising a power under subsection (6), the Chief Animal Welfare Inspector or

the Minister shall provide written notice of the proposed measures to the person

who is the subject of the complaint and provide him or her an opportunity to

respond orally or in writing, as the Chief Animal Welfare Inspector or the

Minister may determine.

Exercise

of powers

(8) After

considering the response under subsection (7), if any, the Chief Animal Welfare

Inspector or the Minister may implement the proposed measures, impose a lesser

measure or rescind his or her intention to implement them.

Notice

(9) The

Chief Animal Welfare Inspector or the Minister shall notify the complainant and

any other prescribed person of any action taken under subsection (6).

Part IV

Duties and ProhIbitions

Duties

Standards

of care and administrative requirements for animals

(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.

Exception,

agricultural activities

(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.

Exception,

veterinarians

(3) Subsection

(1) does not apply to,

(

a) a

veterinarian providing veterinary care, or boarding an animal as part of its

care, in accordance with the standards of practice established under the Veterinarians Act ;

(

b) a

person acting under the supervision of a veterinarian described in clause (a); and

(

c) a

person acting under the orders of a veterinarian described in clause (a), but

only in respect of what the person does or does not do in following those

orders.

Obligation

to report

14 Every veterinarian or other person prescribed by the

Lieutenant Governor in Council who has reasonable grounds to believe that an

animal is being abused, being subject to undue physical or psychological

hardship, privation or neglect, including by participating in fights with other

animals, or is being trained to fight another animal shall report his or her

belief in accordance with the regulations, if any, to an animal welfare

inspector.

Distress, Animal Fights and Harm

Distress

Causing

distress

(1) No person shall cause an animal to be in

distress.

Permitting

distress

(2) No

owner or custodian of an animal shall permit the animal to be in distress.

Exposure

to undue risk of distress

(3) No

person shall knowingly or recklessly cause an animal to be exposed to an undue

risk of distress.

Exception

(4) Subsections

(1), (2) and (3) do not apply in respect of,

(

a) an

activity permitted under the Fish and Wildlife

Conservation Act, 1997 in relation to wildlife in the wild;

(

b) an

activity permitted under the Fish and Wildlife

Conservation Act, 1997 or the Fisheries Act

(Canada) in relation to fish;

(

c) an

activity regarding agricultural animal care, management or husbandry carried on

in accordance with,

(

i) any

standards of care or administrative requirements that expressly provide that

they apply to that activity, or

(ii) if

no standards of care or administrative requirements expressly provide that they

apply to that activity, the reasonable and generally accepted practices of

agricultural animal care, management or husbandry;

(

d) a

prescribed class of animals or animals living in prescribed circumstances or

conditions; and

(

e) prescribed

activities.

Exception,

veterinarians

(5) Subsections

(1), (2) and (3) do not apply to,

(

a) a

veterinarian providing veterinary care, or boarding an animal as part of its

care, in accordance with the standards of practice established under the Veterinarians Act ;

(

b) a

person acting under the supervision of a veterinarian described in clause (a); and

(

c) a

person acting under the orders of a veterinarian described in clause (a), but

only in respect of what the person does or does not do in following those

orders.

Animal

fighting prohibitions

(1) No person shall encourage, promote, arrange,

conduct, assist in, receive a financial or material benefit for or take

part

in,

(

a) the

training of an animal to fight with another animal; or

(

b) any

meeting, competition, exhibition, pastime, display or event at or in the course

of which an animal fights another animal.

Same,

permitting fights, etc.

(2) No

person shall,

(

a) permit

an animal to be trained to fight with another animal; or

(

b) permit

any meeting, competition, exhibition, pastime, display or event at or in the

course of which an animal fights another animal to take place.

Animal

fighting equipment

(3) No

person shall own or possess equipment that is used in animal fights or in

training animals to fight.

Animal

fighting structure

(4) No

person shall own or possess a structure that is used in animal fights or in

training animals to fight.

Harming

law enforcement or service animal

17 No person shall cause harm, or attempt to cause harm, to an

animal that works with peace officers in the execution of their duties, or to a

service animal, whether or not the animal is working at the time of the harm.

Prohibited and Restricted Animals

Prohibited

animal possession or breeding

(1) No person shall possess or breed a prohibited

animal in Ontario.

Exception

(2) Despite

subsection (1), a person may, if the regulations made by the Lieutenant

Governor in Council so provide, continue to possess a prohibited animal in

Ontario if the person possessed the prohibited animal in Ontario before the day

the regulation prescribing the animal as a prohibited animal came into force.

Regulation

(3) The

Lieutenant Governor in Council may, by regulation, prescribe animals as

prohibited animals if the Lieutenant Governor in Council determines that the

animal, poses an undue risk to human safety or cannot be humanely kept in

captivity in Ontario.

Prohibition

on orca possession and breeding

(1) No person shall possess or breed an orca in

Ontario.

Transition

(2) Despite

subsection (1), a person may continue to possess an orca in Ontario if the

person possessed the orca in Ontario on March 22, 2015.

Restricted

animal possession or breeding

(1) No person shall possess or breed a

restricted animal in Ontario unless the person is authorized to do so in

accordance with the regulations made by the Lieutenant Governor in Council and

complies with any conditions of the authorization.

Regulations

(2) The

Lieutenant Governor in Council may, by regulation, prescribe animals as

restricted animals if the Lieutenant Governor in Council determines that such a

regulation is advisable,

(

a) to

avoid undue risk to human safety; or

(

b) to

ensure that an animal is humanely kept in captivity.

Prescribed Activities and Procedures

Prescribed

activities

(1) No person shall engage in an activity

prescribed by the Lieutenant Governor in Council with respect to animals unless

the person is authorized to do so in accordance with the regulations made by

the Lieutenant Governor in Council and complies with any conditions of the

authorization.

Required

information

(2) A

person who engages in an activity prescribed by the Lieutenant Governor in

Council with respect to animals shall provide the Minister with prescribed

information in accordance with the regulations made by the Lieutenant Governor

in Council.

Prescribed

procedures

22 No person shall cause an animal to undergo a procedure

prescribed by the Lieutenant Governor in Council.

Prescribed

items

person shall possess, purchase or sell an item prescribed by the Lieutenant

Governor in Council which may cause an animal distress.

Part V

Protection of Animals

General Inspection Powers

Inspection

to determine compliance

(1) An animal welfare inspector may enter and

inspect any place for the purpose of determining compliance with,

(

a) a

condition in an authorization that is issued under

section 20 or 21;

(

b) an

order to relieve an animal’s distress under

section 30; or

(

c) the

standards of care or administrative requirements or the reasonable and

generally accepted practices of agricultural animal care, management or

husbandry, if the animals are kept for,

(

i) an

entertainment, commercial, educational or charitable purpose, or

(ii) a

purpose prescribed by the Lieutenant Governor in Council related to sport.

Dwellings

(2) Subsection

(1) does not authorize an animal welfare inspector to enter a place, or part of

a place, that is being used as a dwelling without a warrant unless the occupier

of the dwelling consents to the entry.

Accredited

veterinary facilities

(3) Subsection

(1) does not authorize an animal welfare inspector to enter and inspect an

accredited veterinary facility, or part of such a facility, for the reason

described in clause (1) (c), unless the inspector has reasonable grounds to

believe that an animal to be found there is not being treated in accordance

with the standards of practice under the Veterinarians Act .

Warrant

(4) On

application without notice, a justice may issue a warrant authorizing an animal

welfare inspector to enter and inspect a place if the justice is satisfied by

information under oath or affirmation that there are reasonable grounds to

believe that an inspection under this

section is required for any of the

reasons described in subsection (1).

Warrant

for dwelling

(5) An

application under subsection (4) that is made for the purposes of entering and

inspecting a place, or part of a place, that is used as a dwelling must specify

that the warrant is to enter and inspect a dwelling.

Accredited

veterinary facilities

(6) In

the case of an application under subsection (4) that is made for the purpose of

entering and inspecting an accredited veterinary facility, or part of such a

facility, for the reason described in clause (1) (c), the justice shall not

issue the warrant unless the animal welfare inspector also satisfies the

justice that there are reasonable grounds to believe an animal in the facility

is not being treated in accordance with the standards of practice established

under the Veterinarians Act .

Telewarrant

(7) If

an animal welfare inspector believes that it would be impracticable to appear

personally before a justice to apply for a warrant under subsection (4), he or

she may, in accordance with the regulations, seek the warrant by telephone or

other means of telecommunication, and the justice may, in accordance with the

regulations, issue the warrant by the same means.

Warrant

timing and expiry

(8) A

warrant issued under this

section shall specify the times during which the

warrant may be executed and specify a date the warrant expires, which shall be

no more than 30 days after the warrant is issued.

Extension

(9) A

justice may extend the date on which a warrant issued under this

section

expires for an additional period of no more than 30 days upon application

without notice by an animal welfare inspector.

Other

conditions

(10) A

warrant issued under this

section is subject to any other conditions that may

be specified in the warrant.

Police

assistance

(11) An

animal welfare inspector may call upon police officers for assistance in

executing the warrant.

Use

of force

(12) An

animal welfare inspector, and any police officers called to assist the

inspector, may use whatever force is reasonably necessary to execute the

warrant.

Powers

during inspection

(1) During an inspection under

section 24, an

animal welfare inspector may,

(

a) inspect

any animal or thing that the inspector believes on reasonable grounds to be

relevant to the inspection;

(

b) open

any receptacle, baggage, package, container, cage or other thing where the

inspector believes on reasonable grounds that it may contain something relevant

to the inspection;

(

c) conduct

any test, take any measurement, specimen or sample, set up any equipment and

make any photographic or other record that may assist in the inspection;

(

d) require

the production of any animal or thing, including any document or data that is

relevant to the inspection;

(

e) use

or cause to be used any computer or other device that contains or is able to

retrieve information, for the purpose of examining information relevant to the

inspection that is contained in or available to the computer or other device,

and produce or cause to be produced a printout or other output from the

computer or other device of information that is relevant to the inspection;

(

f) remove

any documents or other things that are relevant to the inspection for the

purpose of making copies or of further inspection; and

(

g) ask

questions that are relevant to the inspection.

Assistance

(2) An

animal welfare inspector may be accompanied or assisted by any person during an

inspection under

section 24 regardless of whether the entry is made with or

without a warrant.

Time

of entry

(3) A

warrantless entry under

section 24 shall be made only between the hours of 9

a.m. and 5 p.m. during a business day, or at any other time when the place is

open to the public.

Copies

(4) An

animal welfare inspector may make copies of any documents produced or removed

during the inspection.

Return

of things

(5) If

an animal welfare inspector removes any document or thing under clause (1) (f),

the inspector shall copy the document or thing or further inspect it and return

it promptly to the person from whom it was taken, unless it is not reasonable

for the person to expect the thing to be returned.

Assisting

inspector during inspection

26 A person shall give all reasonable assistance to an animal

welfare inspector conducting an inspection under

section 24, including by,

(

a) producing

any animal or thing required by the inspector in the course of the inspection;

and

(

b) providing

any information relevant to the inspection in response to the inspector’s

questions.

Power

to make reasonable inquiries

(1) An animal welfare inspector may, for any of

the purposes described in clauses 24 (1) (a), (

b) and (c), demand that the

owner or custodian of the animal respond to reasonable inquiries.

Same

(2) For

the purposes of subsection (1), an animal welfare inspector may make inquiries

by any means of communication.

Orally

or in writing

(3) The

animal welfare inspector may require the owner or custodian to respond orally

or in writing, as the inspector may determine.

Production

(4) In

requiring an owner or custodian to respond to an inquiry under subsection (1),

an animal welfare inspector may require the production of any thing, including

a document, or data related to the inquiry.

Document

or data in electronic form

(5) If

a document or data is retained in electronic form, an animal welfare inspector

may require that a copy of it be provided to him or her on paper or

electronically, or both.

Subject

of demand

(6) If

an animal welfare inspector makes a demand under subsection (1), the owner or

custodian who is subject to the demand shall respond to the inspector within

the time provided for in the demand.

Entry where Animal is in Distress

Entry

where animal is in distress

(1) An animal welfare inspector may enter and

search a place with the consent of the occupier if the inspector believes on

reasonable grounds that an animal in distress is to be found there.

Warrant

(2) On

application without notice, a justice may issue a warrant authorizing an animal

welfare inspector to enter and search a place if the justice is satisfied by

information under oath or affirmation that there are reasonable grounds to

believe that an animal in distress is to be found there.

Warrant

for dwelling

(3) An

application under subsection (2) that is made for the purposes of entering and searching

a place, or part of a place, that is used as a dwelling must specify that the

warrant is to enter and search a dwelling.

Accredited

veterinary facilities

(4) In

the case of an application under subsection (2) that is made for the purpose of

entering and inspecting an accredited veterinary facility, or part of such a

facility, the justice shall not issue the warrant unless the animal welfare

inspector satisfies the justice that there are reasonable grounds to believe

that an animal to be found there is being abused or subjected to undue physical

or psychological hardship, privation or neglect.

Telewarrant

(5) If

an animal welfare inspector believes that it would be impracticable to appear

personally before a justice to apply for a warrant under subsection (2), he or

she may, in accordance with the regulations, seek the warrant by telephone or

other means of telecommunication, and the justice may, in accordance with the

regulations, issue the warrant by the same means.

Warrant

timing and expiry

(6) A

warrant issued under this

section shall specify the times during which the

warrant may be executed and specify a date the warrant expires, which shall be

no more than 30 days after the warrant is issued.

Extension

(7) A

justice may extend the date on which a warrant issued under this

section

expires for an additional period of no more than 30 days upon application

without notice by an animal welfare inspector.

Other

conditions

(8) A

warrant issued under this

section is subject to any other conditions that may

be specified in the warrant.

Police

assistance

(9) An

animal welfare inspector may call upon police officers for assistance in

executing the warrant.

Use

of force

(10) An

animal welfare inspector, and any police officers called to assist the

inspector, may use whatever force is reasonably necessary to execute the

warrant.

Assistance

(11) An

animal welfare inspector may be accompanied or assisted by any person during a

search under this

section regardless of whether the search is made with or

without a warrant.

Critical

distress

(1) An animal welfare inspector may enter a

place, other than a place, or part of a place, that is being used as a

dwelling, without a warrant and search for an animal if the inspector has

reasonable grounds to believe that an animal in the place is in critical

distress.

Same,

dwelling

(2) An

animal welfare inspector may enter a place, or a part of a place, that is being

used as a dwelling without a warrant and search for an animal if the inspector

has reasonable grounds to believe that,

(

a) an

animal in the place is in critical distress; and

(

b) the

time required to obtain a warrant under

section 28 may result in serious injury

or death to the animal.

Police

assistance

(3) An

animal welfare inspector may call upon police officers for assistance in effecting

the entry and search.

Use

of force

(4) An

animal welfare inspector, and any police officers called to assist the

inspector, may use whatever force is reasonably necessary to effect the entry

and search.

Assistance

(5) An

animal welfare inspector may be accompanied or assisted by any person during a

search under this section.

Accredited

veterinary facilities

(6) An

animal welfare inspector shall not enter or search an accredited veterinary

facility, or part of such a facility, under this

section unless the inspector

has reasonable grounds to believe that an animal in critical distress to be

found there is being abused or subjected to undue physical or psychological

hardship, privation or neglect.

Powers in Relation to Animals in Distress

Order

to owner of animals, etc.

(1) An animal welfare inspector who has

reasonable grounds to believe that an animal is in distress and who is able to

promptly find the owner or custodian of the animal may order the owner or

custodian to take such action as may, in the opinion of the inspector, be

necessary to relieve the animal of its distress, which may include, without

limiting the generality of the foregoing, having the animal examined and

treated by a veterinarian at the expense of the owner or custodian.

Order

to be in writing

(2) The

order shall be in writing and shall have printed or written thereon the content

of subsections 38 (1), (3) and (5).

Time

for compliance with order

(3) The

order shall specify the time within which any action required by the order

shall be performed.

Required

compliance with order

(4) Every

person who is served with an order under this

section shall comply with it in

accordance with its terms until such time as it may be modified, confirmed or

revoked and shall thereafter comply with the order as modified or confirmed.

Revocation

of order

(5) If,

in the opinion of an animal welfare inspector, an order made under subsection

(1) has been complied with, the inspector shall revoke the order and serve

notice of the revocation in writing on the owner or custodian of the animal

that is the subject of the order.

Taking

possession of animal in distress

(1) An animal welfare inspector may remove an

animal from the place where it is and take possession of the animal for the

purpose of providing it with necessaries to relieve its distress if,

(

a) a

veterinarian has advised the inspector in writing that alleviating the animal’s

distress necessitates its removal;

(

b) the

inspector has inspected the animal and has reasonable grounds for believing

that the animal is in distress and the owner or custodian of the animal is not

present and cannot be found promptly; or

(

c) an

order respecting the animal has been made under

section 30 and the order has

not been complied with.

Taking

possession, animal trained to or participating in fight

(2) An

animal welfare inspector may remove an animal from the place where it is and

take possession of the animal if the inspector has reasonable grounds for

believing that,

(

a) the

animal is being trained to fight another animal; or

(

b) the

animal is participating or soon will participate in a meeting, competition,

exhibition, pastime, display or event at or in the course of which an animal

fights another animal.

Police

assistance

(3) An

animal welfare inspector may call upon police officers for assistance in removing

the animal.

Use

of force

(4) An

animal welfare inspector, and any police officers called to assist the

inspector, may use whatever force is reasonably necessary to remove the animal.

Notice

(5) An

animal welfare inspector who has removed an animal under subsection (1) or

(2) shall immediately serve written notice of his or her action on the owner or

custodian of the animal, if known, and on the Chief Animal Welfare Inspector.

Decision

to keep in care

(6) The

Chief Animal Welfare Inspector may decide to keep an animal that was removed

under subsection (1) or (2) in the Chief Animal Welfare Inspector’s care if,

(

a) the

Chief Animal Welfare Inspector determines it is necessary to relieve the

animal’s distress; or

(

b) the

Chief Animal Welfare Inspector has reasonable grounds to believe that,

(

i) the

animal may be placed in distress if returned to its owner or custodian, or

(ii) the

animal may be trained to fight another animal if returned to its owner or

custodian.

Notice

(7) The

Chief Animal Welfare Inspector shall immediately serve written notice of his or

her decision to keep an animal in the Chief Animal Welfare Inspector’s care in

accordance with subsection (6) on the owner or custodian of the animal, if

known.

Provisions

to be printed on notice

(8) A

notice to an owner or custodian of an animal required by this

section shall

have printed or written on it the content of subsections 38 (1), (4) and (5).

Euthanization

of animal

(1) An animal welfare inspector may cause an

animal to be euthanized,

(

a) with

the consent of the owner; or

(

b) if

a veterinarian has advised the inspector in writing that, in his or her

opinion, it is the most humane course of action.

Notice

(2) An

animal welfare inspector who has caused an animal to be euthanized under

subsection (1) shall immediately serve written notice of his or her action on

the owner or custodian of the animal, if known.

Supply

necessaries to animals

33 An animal welfare inspector who is lawfully in any place

and who finds an animal in distress may, in addition to any other action he or

she is authorized to take under this Act, supply the animal with necessaries to

relieve its distress.

Critical Distress in Motor Vehicle

Critical

distress in motor vehicle

(1) A prescribed person who has reasonable

grounds to believe that there is an animal in critical distress in a motor

vehicle may enter the motor vehicle for the purpose of relieving the animal

from distress.

Dwelling

(2) Subsection

(1) does not authorize a prescribed person to enter a motor vehicle that is

being used as a dwelling unless the occupier of the dwelling consents to the

entry.

May

cause damage

(3) The

prescribed person may cause damage to the motor vehicle that is reasonably

necessary in order to enter it and relieve the animal from distress.

Power

to take possession, relieve distress

(4) The

prescribed person may take possession of the animal and take reasonable steps

to relieve its distress.

Notification

to animal welfare inspector

(5) A

prescribed person who takes possession of an animal under subsection (4) shall

promptly notify an animal welfare inspector if the owner or custodian of the

animal is not present and cannot be found promptly.

Inspector

to take possession

(6) The

animal welfare inspector who is notified under subsection (5) shall inspect the

animal and determine whether to take possession of it pursuant to

section 31.

obstruction

(7) No

person shall obstruct a prescribed person exercising a power under this

section

to enter a motor vehicle for the purpose of taking an animal into his or her

possession and relieving its distress.

Costs

(8) The

owner or custodian of the animal is responsible for any costs incurred by the

prescribed person in taking steps to relieve the animal’s distress, and the

amount may be recovered as a debt due and owing to the prescribed person.

Miscellaneous

Liability

of owner or custodian for expenses

(1) If an animal welfare inspector has provided

an animal with necessaries to relieve its distress or the Chief Animal Welfare

Inspector has taken an animal into the Chief Animal Welfare Inspector’s care, the

Chief Animal Welfare Inspector may, from time to time, serve on the owner or

custodian of the animal a statement of account respecting the cost of the

necessaries.

Statement

of account

(2) The

statement of account must have printed or written on it the content of

subsections 38 (2) and (5).

Obligation

to pay

(3) An

owner or custodian who receives a statement of account under subsection (1) is,

subject to an order made under subsection 38 (9), liable for the amount

specified in the statement.

Forfeiture

on failure to pay account

(4) Subject

to any agreement made under subsection (5), the animal is forfeited to the

Crown if,

(

a) the

owner or custodian does not appeal the statement of account in accordance with

subsection 38 (2) and fails to pay the stated amount within a prescribed period

of time after receiving the statement of account; or

(

b) the

owner or custodian appealed the statement of account in accordance with

subsection 38 (2) but failed to pay the confirmed or varied amount within a

prescribed period of time after the Board provided notice of its decision.

Agreements

(5) Before

the expiry of the relevant time period set out in clause (4) (

a) or (b), the

Chief Animal Welfare Inspector may enter into a written agreement with the

owner or custodian to extend the time for payment or reduce the amount that is

to be paid, or both.

Abandoned

animal

36 If the Chief Animal Welfare Inspector takes an animal into the

Chief Animal Welfare Inspector’s care under this Act and no person is

identified as the animal’s owner or custodian within a prescribed period of

time, the animal is forfeited to the Crown.

Part VI

Animal Care Review Board

Animal

Care Review Board

Board

continued

(1) The Animal Care Review Board is continued

soins aux animaux in French.

Same

(2) The

Board shall consist of not fewer than three persons who shall be appointed by

the Lieutenant Governor in Council.

Chair,

vice-chair

(3) The

Lieutenant Governor in Council may appoint one of the members of the Board as

chair and another of the members as vice-chair.

Composition

of Board for hearings

(4) A

proceeding before the Board shall be heard and determined by a panel consisting

of one or more members of the Board, as assigned by the chair or vice-chair of

the Board.

Remuneration

of members

(5) The

members of the Board shall receive such remuneration and expenses as the

Lieutenant Governor in Council determines.

Employees

(6) Such

employees as are considered necessary for the proper conduct of the Board may

be appointed under

Part III of the Public Service of

Ontario Act, 2006 .

Appeal

to Board

(1) An owner or custodian of an animal may

appeal the following to the Board within five business days after receiving

notice of them:

1. An

order from an animal welfare inspector.

2. A

decision by an animal welfare inspector to remove an animal from a place.

3. A

decision to take an animal into the Chief Animal Welfare Inspector’s care.

Appeal

re statement of account

(2) An

owner or custodian of an animal who is served with a statement of account may

apply to the Board by notice in writing to appeal the statement of account

within the prescribed period after being served the statement.

Application

for revocation of order

(3) An

owner or custodian of an animal who receives an order from an animal welfare

inspector may apply to the Board by notice in writing to have the order revoked

if the animal has ceased to be in distress.

Application

for revocation of determination

(4) An

owner or custodian of an animal that has been taken into the Chief Animal

Welfare Inspector’s care may apply to the Board by notice in writing to have

the animal returned if the conditions that caused the animal to be kept in the

Chief Animal Welfare Inspector’s care have ceased to exist.

Notice

requirements

(5) A

notice to the Board must set out the remedy or action sought and the reasons

for the appeal or application.

Notice

of hearing

(6) Within

five business days after receiving a notice under subsection (1), (2), (3) or

(4), the Board shall,

(

a) fix

a time, date and place at which the Board will hear the matter; and

(

b) notify

the Chief Animal Welfare Inspector and the owner or custodian who issued the

notice of the time, date and place fixed under clause (a).

Date

of hearing

(7) The

hearing shall be dealt with on an expedited basis and the date fixed for a

hearing shall be not more than ten business days after the receipt of a notice

under subsection (1), (2), (3) or (4).

Procedure

at hearing

(8) Subject

to the rules of the Board, at a hearing, the Chief Animal Welfare Inspector and

the owner or custodian are entitled to hear the evidence, cross-examine, call

witnesses, present arguments and be represented by persons authorized under the

Law Society Act to represent them.

Powers

of Board

(9) After

a hearing, the Board may do one or more of the following:

1. Confirm,

revoke or modify an order made under

section 30.

2. Order

that an animal removed under subsection 31 (1) or (2), or that was taken into the

Chief Animal Welfare Inspector’s care under subsection 31 (6) or 44 (8), be

returned to the owner or custodian.

3. Confirm,

revoke or vary a statement of account served under subsection 35 (1).

4. Order

that the whole or any part of the cost to the owner or custodian of an animal

of complying with an order made under

section 30 be paid by the Minister to the

owner or custodian.

5. Order

that the whole or any part of the cost to the Chief Animal Welfare Inspector of

providing necessaries to an animal pursuant to its removal under subsection 31

(1) or (2) or the determination to keep an animal in the Chief Animal Welfare

Inspector’s care under subsection 31 (6) or 44 (8) be paid by the owner or

custodian of the animal to the Minister of Finance.

Same

(10) The

Board may make an order under paragraph 2 of subsection (9) subject to compliance

with a further order issued by the Board in the same terms as an order under

section 30, which shall be deemed to have been made under

section 30 for the

purposes of this Act.

Consent

to use powers without hearing

(11) The

Board may use a power listed in subsection (9) and, if applicable, subsection

(10) without a hearing if the Chief Animal Welfare Inspector and the person who

issued the notice under subsection (1), (2), (3) or (4) consent to it.

Notice

of decision

(12) The

Board shall promptly serve notice of its decision together with written reasons

on the Chief Animal Welfare Inspector and the owner or custodian of the animal.

Order

not stayed

(13) An

appeal to the Board in respect of an order made under

section 30 does not stay

the operation of the order.

Board

rules

(1) The Board may make rules governing the

practice and procedure before it.

Same

(2) Without

limiting the generality of subsection (1), the Board rules may,

(

a) provide

for and require the use of hearings or of practices and procedures that are

provided for under the Statutory Powers Procedure Act

or that are alternatives to traditional adjudicative or adversarial procedures;

(

b) authorize

the Board to,

(

i) define

or narrow the issues required to dispose of an application and limit the

evidence and submissions of the parties on such issues, and

(ii) determine

the order in which the issues and evidence in a proceeding will be presented;

(

c) authorize

the Board to conduct examinations in chief or cross-examinations of a witness;

(

d) prescribe

the stages of its processes at which preliminary, procedural or interlocutory

matters will be determined;

(

e) authorize

the Board to make or cause to be made such examinations of records and such

other inquiries as it considers necessary in the circumstances;

(

f) authorize

the Board to require a party to a proceeding or another person to,

(

i) produce

any document, information or thing and provide such assistance as is reasonably

necessary, including using any data storage, processing or retrieval device or

system, to produce the information in any form,

(ii) provide

a statement or oral or affidavit evidence, or

(iii) in

the case of a party to the proceeding, adduce evidence or produce witnesses who

are reasonably within the party’s control; and

(

g) govern

any other prescribed matter.

General

or particular

(3) The

rules may be of general or particular application.

Consistency

(4) The

rules shall be consistent with this Part.

Not

a regulation

(5) The

rules made under this

section are not regulations for the purposes of

Part III

of the Legislation Act, 2006 .

Failure

to comply with rules

(6) Failure

on the part of the Board to comply with the practices and procedures required

by the rules or the exercise of a discretion under the rules by the Board in a

particular manner is not a ground for setting aside a decision of the Board on

an application for judicial review or any other form of relief, unless the

failure or the exercise of a discretion caused a substantial wrong which

affected the final disposition of the matter.

Statutory

Powers Procedure Act

(1) The provisions of the Statutory

Powers Procedure Act apply to a proceeding before the Board unless they

conflict with a provision of this Act, the regulations or the Board rules.

Conflict

(2) Despite

section 32 of the Statutory Powers Procedure Act ,

the Board rules prevail over the content of that Act with which they conflict.

Part VII

Enforcement

warrants re offences

(1) An animal welfare inspector may obtain a

search warrant under

Part VIII of the Provincial Offences

Act .

Warrantless

searches re offences

(2) If

an animal welfare inspector has reasonable grounds to believe that there is in

any place any thing that will afford evidence of an offence under this Act but

that the time required to obtain a warrant would lead to the loss, removal or

destruction of the evidence, the animal welfare inspector may, without a

warrant, enter and search the place.

Dwellings

(3) Subsection

(2) does not apply to a place, or a part of a place, that is being used as a

dwelling.

Computers,

etc.

(4) An

animal welfare inspector who is conducting a search that is authorized by a

warrant or by subsection (2) may,

(

a) use

or cause to be used any computer system or other device that contains or is

able to retrieve information for the purpose of examining information contained

in or available to the computer system or other device; and

(

b) produce

or cause to be produced a printout or other output from the computer system or

other device.

Warrant

to conduct tests

(1) On application without notice, a justice may

issue a warrant authorizing an animal welfare inspector to use any

investigative technique or procedure or to do any thing described in the

warrant if the justice is satisfied by information under oath or affirmation

that there are reasonable grounds to believe that an offence under this Act has

been or is being committed and that evidence concerning the offence will be

obtained through the use of the technique or procedure or the doing of the

thing.

Assistance

(2) The

warrant may authorize any person specified in the warrant to accompany and

assist the animal welfare inspector in the execution of the warrant.

Terms

and conditions of warrant

(3) The

warrant shall authorize the animal welfare inspector to enter and search the

place for which the warrant was issued and, without limiting the powers of the

justice under subsection (1), the warrant may, in respect of the alleged

offence, authorize the inspector to conduct any tests, take any measurements,

take any specimens or samples, set up any equipment, make any excavations and

make any photographic or other records that may be relevant to the search.

Duration

(4) The

warrant is valid for 30 days or for such shorter period as may be specified in

it.

Further

warrants

(5) A

justice may issue further warrants under subsection (1).

Production

orders

(1) On application without notice and subject to

subsection (3), a justice may issue an order to a person, other than a person

under investigation for an offence, requiring the person to,

(

a) produce

documents or copies of documents, certified to be true copies, or produce data;

(

b) prepare

a document based on documents or data already in existence and produce it.

Content

of order

(2) An

order under subsection (1) shall require the document or data to be produced

within the time, at the place and in the form specified in the order and

require that it be given to an animal welfare inspector named in the order.

Grounds

for order

(3) A

justice may make an order under subsection (1) if he or she is satisfied by

information given under oath or affirmation that there are reasonable grounds

to believe that,

(

a) an

offence under this Act has been or is being committed;

(

b) the

document or data will provide evidence respecting the offence or suspected

offence; and

(

c) the

person who is subject to the order has possession or control of the document or

data.

Conditions

(4) An

order under subsection (1) may contain such conditions as the justice considers

advisable.

Evidence

(5) A

copy of a document produced under this section, that is certified to be a true

copy, is admissible in evidence in proceedings under this Act and has the same

probative force as the original document would have if it had been proved in

the ordinary way.

return of copies

(6) Copies

of documents produced under this

section are not required to be returned to the

person who provided them.

Seizure

(1) An animal welfare inspector who is lawfully

in any place may, without a warrant, seize any animal or thing that he or she

has reasonable grounds to believe,

(

a) has

been obtained by the commission of an offence under this Act;

(

b) has

been used in the commission of an offence under this Act;

(

c) will

afford evidence of the commission of an offence under this Act; or

(

d) is

intermixed with a thing referred to in clause (a), (

b) or (c).

Presence

pursuant to warrant

(2) If

the animal welfare inspector is in the place pursuant to a warrant, subsection

(1) applies to any animal or thing, whether or not it is specified in the

warrant.

Safekeeping

(3) An

animal welfare inspector shall deliver any animal or thing that he or she

seizes to a person authorized by the Chief Animal Welfare Inspector for

safekeeping.

Leaving

with occupant

(4) Despite

subsection (3), an animal welfare inspector may leave an animal or thing that

he or she seizes in the custody of the occupant of the place in which it was

seized.

Occupant

to safeguard

(5) If

any animal or thing is left in the custody of an occupant under subsection (4),

the occupant shall safeguard the animal or thing until,

(

a) an

animal welfare inspector removes it;

(

b) the

occupant is notified by an animal welfare inspector that the investigation has

concluded and that a charge will not be laid; or

(

c) if

a charge is laid, the defendant is acquitted or the charge is dismissed,

withdrawn or is finally disposed of.

Procedure

if animal or thing seized

(6) An

animal welfare inspector who has seized an animal or thing under this

section

shall comply with the requirements of

section 158.2 of the Provincial Offences Act .

Return

of seized animal or thing

(7) Any

animal or thing seized and not forfeited under this

section shall be returned

to the person from whom it was seized if,

(

a) a

charge is not laid at the conclusion of the investigation; or

(

b) a

charge is laid but, when the charge is finally disposed of, the defendant is

acquitted or the charge is dismissed or withdrawn.

Exception

(8) Despite

subsection (7), if the Chief Animal Welfare Inspector has reasonable grounds to

believe that the animal may be placed in distress or trained to fight another

animal if returned to its owner or custodian,

(

a) the

Chief Animal Welfare Inspector may decide to take the animal into the Chief

Animal Welfare Inspector’s care; and

(

b) the

notice provisions in subsections 31 (7) and (8) apply, with necessary

modifications.

Conflict

with order

(9) The

Chief Animal Welfare Inspector’s ability to take an animal into the Chief

Animal Welfare Inspector’s care in subsection (8) prevails over any order to

return the animal made under

section 159 of the Provincial

Offences Act .

Forfeiture

of things

(10) A

thing seized under this

Part is forfeited to the Crown in right of Ontario if

the identity of the person from whom the thing was seized has not been

ascertained within the prescribed period of time after the seizure.

Forfeiture

of animals

(11) An

animal seized under this

Part is forfeited to the Crown in right of Ontario if

the identity of the owner or custodian of the animal has not been ascertained

within the prescribed period of time after the seizure.

Forfeiture

of dead animals, etc.

(12) Despite

any order under

Part VIII of the Provincial Offences Act ,

any dead animal, plant or other organism that is seized is forfeited to the

Crown in right of Ontario if, in the opinion of the person who has custody of

it, it is likely to spoil.

Forfeiture

on conviction

Animal

fighting

(1) If a person is convicted of an offence for

contravening

section 16, any animal seized in connection with the offence is

forfeited to the Crown in right of Ontario.

Possession

or ownership

(2) If

a person is convicted of an offence for contravening subsection 16 (3) or (4),

section 18 or

section 20 as a result of their possession or ownership of an

animal or thing, the animal or thing is forfeited to the Crown in right of

Ontario.

Application

(3) Subsections

(1) and (2) apply in addition to any other penalty.

Application

by person with interest

(4) If

an animal is forfeited to the Crown in right of Ontario pursuant to subsection

(1), a person who claims an interest in the animal, and who is not the person

who was convicted, may apply to a justice for an order directing that the

animal be released to the person claiming the interest.

Same

(5) An

application under subsection (4) must be made within the prescribed period of

time after the animal is forfeited and must be made on notice to the Chief

Animal Welfare Inspector and any other prescribed person.

Conditions

(6) An

order made under subsection (4) is subject to such conditions as may be imposed

by the justice.

Forfeiture

by motion in proceeding where possession or ownership is an offence

(1) On motion in a proceeding under the Provincial Offences Act , or on application in accordance

with the rules of court applicable to applications under that Act, a justice

shall determine whether possession or ownership of an animal or thing seized is

an offence by virtue of contravening subsection 16 (3) or (4),

section 18 or

section 20 and, if it is, the justice shall order that the animal or thing be

forfeited to the Crown in right of Ontario.

Application

of subs. (1)

(2) Subsection

(1) applies whether or not a charge is laid in respect of the animal or thing

seized and, if a charge is laid, subsection (1) applies even if the defendant

is acquitted or the charge is dismissed or withdrawn.

Required

self-identification

(1) An animal welfare inspector who has

reasonable grounds to believe that a person is contravening, has contravened or

is about to contravene subsection 15 (1) or (2) or

section 16, 17 or 18 may

require the person to provide his or her name and address.

Failure

or suspected failure to self-identify

(2) If

the person refuses to give his or her name or address, or if the animal welfare

inspector has reasonable grounds to believe that the name or address given is

false, the animal welfare inspector may call upon a police officer who may

arrest the person without warrant.

Same

(3) If

the person attempts to leave before a police officer can arrest the person under

subsection (2), the animal welfare inspector may arrest the person without

warrant and shall promptly call for the assistance of a police officer and give

the arrested person into the custody of the police officer.

Deemed

arrest

(4) A

police officer to whom the custody of a person is given under subsection

(3) shall be deemed to have arrested the person for the purposes of the content of

the Provincial Offences Act applying to his or her

release or continued detention and bail.

Reasonable

grounds to believe name or address is false

(5) For

greater certainty, the failure on the part of an individual who is requested to

provide their name or address to also produce an identification card or similar

document, shall not, by itself, constitute reasonable grounds to believe that

the name or address given is false.

Police

assistance and use of force

(1) An animal welfare inspector may call upon

police officers for assistance in exercising any of the powers referred to in

this Part.

Same

(2) An

animal welfare inspector, and any police officers called to assist the

inspector, may use whatever force is reasonably necessary to exercise any of

the powers referred to in this Part.

Part VIII

Offences and Penalties

Offences

Offences

Minor

offences

(1) Every person is guilty of an offence who,

(

a) contravenes,

(

i) section

13 (Standards of care and administrative requirements for animals),

(ii) subsection

15 (3) (Exposure to undue risk of distress),

(iii)

section

20 (Restricted animal possession or breeding),

(iv)

section

21 (Prescribed activities),

(

v) section

22 (Prescribed procedures),

(vi)

section

23 (Prescribed items),

(vii)

section

26 (Assisting inspector during inspection),

(viii) subsection

27 (6) (Subject of demand),

(ix) subsection

30 (4) (Required compliance with order), or

(x) subsection

34 (7) (No obstruction);

(

b) contravenes

or fails to comply with an order of the Board; or

(

c) knowingly

makes a false report to the Chief Animal Welfare Inspector or to another animal

welfare inspector.

Major

offences

(2) Every

person is guilty of an offence who contravenes,

(a) subsection

15 (1) (Causing distress);

(b) subsection

15 (2) (Permitting distress);

(

c) section

16 (Animal fighting prohibitions);

(

d) section

17 (Harming law enforcement or service animal);

(

e) section

18 (Prohibited animal possession or breeding); or

(

f) section

19 (Prohibition on orca possession and breeding).

Penalty

— individual, minor

offences

(3) On

conviction under subsection (1), an individual is liable,

(

a) in

the case of a first offence, to a fine of not more than $75,000, to

imprisonment for a term of not more than six months, or to both; or

(

b) in

the case of a second or subsequent offence, to a fine of not more than

$100,000, to imprisonment for a term of not more than one year, or to both.

Penalty

— individual, major

offences

(4) On

conviction under subsection (2), an individual is liable,

(

a) in

the case of a first offence, to a fine of not more than $130,000, to

imprisonment for a term of not more than two years, or to both; or

(

b) in

the case of a second or subsequent offence, to a fine of not more than

$260,000, to imprisonment for a term of not more than two years, or to both.

Penalty

— corporation, minor

offences

(5) On

conviction under subsection (1), a corporation is liable,

(

a) in

the case of a first offence, to a fine of not more than $100,000; or

(

b) in

the case of a second or subsequent offence, to a fine of not more than $250,000.

Penalty

— corporation, major

offences

(6) On

conviction under subsection (2), a corporation is liable,

(

a) in

the case of a first offence, to a fine of not more than $500,000; or

(

b) in

the case of a second or subsequent offence, to a fine of not more than $1,000,000.

Minimum

penalty for certain offences

(7) The

following offences have a minimum penalty of $25,000:

1. Causing

an animal to be in distress in contravention of subsection 15 (1), if the

conduct that caused distress resulted in either of the following:

i. The

death of the animal.

ii. The

euthanization of the animal after a veterinarian determines it is the most

humane course of action.

2. Permitting

an animal to be in distress in contravention of subsection 15 (2), if the

conduct or omission resulted in either of the following:

i. The

death of the animal.

ii. The

euthanization of the animal after a veterinarian determines it is the most

humane course of action.

3. Contravening

subsection 16 (1) or (2) (Animal fighting prohibitions).

4. Contravening

section 17 (Harming law enforcement or service animal).

Penalty

— directors, officers

(8) Every

director or officer of a corporation who authorized, permitted or participated

in the corporation’s commission of an offence under this Act is also guilty of

the offence and on conviction is liable to the same penalty to which an

individual is liable for the offence, whether or not the corporation has been

prosecuted or convicted.

Prohibition

order

(9) If

a person is convicted of an offence listed in subclause (1) (a) (i), (ii),

(iii), (iv), (v), (vi) or (ix) or subsection (2), the court making the

conviction may, in addition to any other penalty, make an order prohibiting the

convicted person and, if the convicted person is a corporation, the directors

and officers of the corporation described in subsection (8), from owning,

having custody or care of, or living with any animal, or any kind of animal

specified in the order, for any period of time specified in the order,

including, in the case of an individual, for the remainder of the person’s life

and, in the case of a corporation, forever.

Restitution

order

(10) If

a person is convicted of an offence listed in subclause (1) (a) (i), (ii),

(iii), (iv), (

v) or (ix) or subsection (2), the court making the conviction

may, in addition to any other penalty, make an order that the convicted person

pay the whole or any part of the cost of providing food, care or treatment to

an animal that was the victim of the offence of which the convicted person was

convicted.

Other

orders

(11) If

a person is convicted of an offence listed in subclause (1) (a) (i), (ii),

(iii), (iv), (v), (vi) or (ix) or subsection (2), the court making the

conviction may, in addition to any other penalty, make any other order that the

court considers appropriate, including an order that the convicted person

undergo counselling or training.

Limitation

period

prosecution for an offence under this Act shall not be commenced more than two

years after the day evidence of the offence first came to the attention of a

provincial offences officer.

Administrative Penalties

Administrative

penalties

Notice

of contravention

(1) If the Chief Animal Welfare Inspector

believes that a person has contravened a condition of an authorization issued

under

section 20 (Restricted animal possession or breeding) or 21 (Prescribed

activities) or has contravened a provision prescribed by the Lieutenant

Governor in Council, the Chief Animal Welfare Inspector may issue a notice of

contravention to the person setting out his or her belief and requiring the

person to pay the administrative penalty prescribed for the contravention in

question.

Purposes

of administrative penalty

(2) The

following are the purposes for which a person may be required to pay an

administrative penalty under this section:

1. To

encourage compliance with this Act and the regulations.

2. To

prevent a person from deriving, directly or indirectly, any economic benefit as

a result of a contravention of this Act or the regulations.

Amount

of administrative penalty

(3) The

amount of an administrative penalty prescribed for a contravention shall

reflect the purposes referred to in subsection (2).

One-year

limitation

(4) A

notice of contravention shall not be issued under this

section more than one

year after the contravention first came to the knowledge of an animal welfare inspector.

Content

of notice of contravention

(5) The

notice of contravention shall,

(

a) contain

or be accompanied by information setting out the nature of the contravention;

(

b) set

out the amount of the penalty to be paid and specify the time and manner of the

payment; and

(

c) inform

the person of his or her right to apply for a review of the notice by an entity

prescribed by the Lieutenant Governor in Council.

Right

to review

(6) A

person who receives a notice of contravention may require an entity prescribed

by the Lieutenant Governor in Council to review the notice of contravention by

applying to the prescribed entity for a review in a form approved by the Chief

Animal Welfare Inspector,

(

a) within

15 days after receipt of the notice of contravention; or

(

b) if

the prescribed entity considers it appropriate in the circumstances to extend

the time for applying, within the period specified by the prescribed entity.

no review requested

(7) If

a person who has received a notice of contravention does not apply for a review

under subsection (6), the person shall pay the penalty within 30 days after the

day the notice of contravention was served.

review requested

(8) If

a person who has received a notice of contravention applies for a review under

subsection (6), the prescribed entity shall conduct the review in accordance

with the regulations made by the Lieutenant Governor in Council.

Review

decision

(9) Upon

a review, the prescribed entity may,

(

a) find

that the person did not contravene the provision of this Act or of the regulations

specified in the notice of contravention and rescind the notice;

(

b) find

that the person did contravene the provision of this Act or of the regulations

specified in the notice of contravention and affirm the notice; or

(

c) find

that the person did contravene the provision but that the prescribed penalty is

excessive in the circumstances and amend the notice by reducing the amount of

the penalty.

Decision

final

(10) A

decision by the prescribed entity is final.

Payment

after review

(11) If

the prescribed entity finds that a person has contravened the provision of this

Act or of the regulations specified in the notice of contravention, the person

shall pay the penalty required by the prescribed entity within 30 days after

the day of the entity’s decision.

Payment

to Minister of Finance

(12) A

person who is required to pay a penalty under this

section shall pay the

penalty to the Minister of Finance.

Enforcement

of administrative penalty

(1) If a person who is required to pay an

administrative penalty under

section 51 fails to pay the penalty within the

time required under subsection 51 (7) or (11), the notice of contravention or

the prescribed entity’s decision, as the case may be, may be filed with a local

registrar of the Superior Court of Justice and may be enforced as if it were an

order of the court.

Same

(2) Section

129 of the Courts of Justice Act applies in respect

of a notice of contravention or decision filed with the Superior Court of

Justice under subsection (1) and, for the purpose, the date on which the notice

of contravention or decision is filed under subsection (1) shall be deemed to

be the date of the order that is referred to in

section 129 of the Courts of Justice Act .

Crown

debt

53 An administrative penalty imposed under

section 51 that is

not paid within the time required under that

section is a debt due to the Crown

in right of Ontario and enforceable as such.

Chief

Animal Welfare Inspector may authorize collector

(1) The Chief Animal Welfare Inspector may

authorize any person to act as a collector for the purposes of this

section and

sections 55 and 56 and to exercise the powers that the Chief Animal Welfare

Inspector specifies in the authorization to collect administrative penalties

owing under this Act.

Costs

of collection

(2) Despite

clause 22 (

a) of the Collection and Debt Settlement

Services Act , the Chief Animal Welfare Inspector may also authorize a

collector to collect a reasonable fee or reasonable disbursements, or both,

from each person from whom the collector seeks to collect administrative

penalties owing under this Act.

Same

(3) The

Chief Animal Welfare Inspector may impose conditions on an authorization under

subsection (2) and may determine what constitutes a reasonable fee or

reasonable disbursements for the purposes of that subsection.

Exception

re disbursements

(4) The

Chief Animal Welfare Inspector shall not authorize a collector who is required

to be registered under the Collection and Debt Settlement

Services Act to collect disbursements.

Collector’s

powers

(1) A collector may exercise any of the powers

specified in an authorization of the Chief Animal Welfare Inspector under

section 54.

Fees

and disbursements part of order

(2) If

a collector is seeking to collect an administrative penalty owing under a

notice of contravention, any fees and disbursements authorized under subsection

54 (2) shall be deemed to be owing under, and shall be deemed to be added to,

the amount of the penalty set out in the notice of contravention.

Distribution

of money collected

(3) A

collector shall pay the amount collected under this

section with respect to the

penalty to the Minister of Finance and may retain the amount collected with

respect to the collector’s fees and disbursements.

Settlement

by collector

(1) A collector may agree to a settlement with

the person from whom he or she seeks to collect money, but only with the

written agreement of the Chief Animal Welfare Inspector.

Payment

(2) The

person who owes money under a settlement shall pay the amount agreed upon to

the collector, who shall pay it out in accordance with subsection 55 (3).

Other

means not a bar

57 The Chief Animal Welfare Inspector may issue a notice of

contravention to a person under subsection 51 (1) even though,

(

a) an

order has been made or may be made against the person under

section 30; or

(

b) the

person has been or may be prosecuted for or convicted of an offence with

respect to the same contravention.

Orders to Remove Orcas

Order

to remove orca

(1) If a person is convicted of possessing an

orca in Ontario in contravention of

section 19, the court shall order the

person to remove the orca from Ontario within a period of time specified by the

court.

Prohibition

does not apply

(2) The

prohibition against possessing an orca in

section 19 does not apply in respect

of an orca that is the subject of an order under subsection (1) until the

period of time specified by the court has elapsed.

Offence,

failure to remove orca

(3) A

person who fails to comply with an order described in subsection (1) is guilty

of an offence.

Penalty

— individuals

(4) An

individual who commits an offence under subsection (3) is liable on conviction

to a fine of not more than $260,000 or to imprisonment for a term of not more

than two years, or to both.

Penalty

— corporations

(5) A

corporation that commits an offence under subsection (3) is liable on

conviction to a fine of not more than $1,000,000.

Penalty

— directors, officers

(6) A

director or officer of a corporation who authorized, permitted or participated

in the corporation’s commission of an offence under subsection (3) is also

guilty of the offence and on conviction is liable to the same penalty to which

an individual is liable for the offence, whether or not the corporation has

been prosecuted or convicted.

Order

to allow Chief Animal Welfare Inspector to cause orca to be removed

(1) If a person has been convicted of an offence

for contravening subsection 58 (3), and if the person continues to possess the

orca in Ontario, the Chief Animal Welfare Inspector may apply to a judge of the

Ontario Court of Justice for any order necessary to allow the Chief Animal

Welfare Inspector to cause the orca to be removed from Ontario.

Costs

(2) If

an order is made under subsection (1), the person referred to in that

subsection shall pay the Minister of Finance any costs that the Chief Animal

Welfare Inspector incurred in bringing the application and any costs the Chief

Animal Welfare Inspector incurs in causing the orca to be removed from Ontario.

Part IX

General

Powers of Police, Veterinarians, Etc.

Police

and First Nations Constable powers

(1) Subject to the regulations, a police officer

or First Nations Constable may exercise the powers of an animal welfare

inspector under sections 28, 29, 31, 32, 33, 41, 42, 43, 44, 47 and 48.

Exercise

of powers to be reported

(2) A

chief of police, or person who is in charge of a group of First Nations

Constables, shall report as prescribed to the Chief Animal Welfare Inspector

regarding the exercise of powers described in subsection (1) by police officers

or First Nations Constables who are under that person’s direction.

Prompt

notice to animal welfare inspector

(3) A

police officer or First Nations Constable who exercises the power in

section 31

to take possession of an animal shall promptly notify an animal welfare

inspector.

Inspector

to take possession

(4) The

animal welfare inspector who is notified under subsection (3) shall inspect the

animal and determine whether to take possession of it pursuant to

section 31.

Veterinarian may euthanize animal

(1) A

veterinarian may euthanize an animal if,

(

a) the

animal is suffering;

(

b) the

animal’s owner or custodian cannot be found promptly, or the veterinarian

reasonably believes that,

(

i) the

animal does not have an owner or custodian, or

(ii) the

animal’s owner or custodian has abandoned the animal; and

(

c) in

the veterinarian’s opinion, euthanization is the most humane course of action.

Not

a limitation

(2) Subsection

(1) does not limit any other authority a veterinarian may have to euthanize an

animal.

Shelter

deemed to be owner

62 A prescribed entity operating an animal shelter that takes

custody of an animal is deemed to be the owner of the animal for all purposes

if,

(

a) no

person is identified as the animal’s owner or custodian within a prescribed

period of time; or

(

b) the

owner or custodian of the animal has not claimed the animal within a prescribed

period of time.

Forfeiture

Authority

to deal with animal as if owner

(1) If an animal, other than a prohibited

animal, is forfeited to the Crown in right of Ontario under this Act, the Chief

Animal Welfare Inspector shall take the animal into the Chief Animal Welfare

Inspector’s care and shall have the authority to deal with the animal as if the

Chief Animal Welfare Inspector were the owner.

Prohibited

animal

(2) The

Chief Animal Welfare Inspector shall deal with a prohibited animal forfeited to

the Crown in right of Ontario under this Act in accordance with the

regulations.

Escheats

Act, 2015

does not apply

64 The Escheats Act, 2015 does not

apply to property that is forfeited to the Crown in right of Ontario under this

Act.

Exemption and Immunity

Exemption

for seizure in accordance with Act for officers, etc.

65 A police officer, First Nations Constable, animal welfare

inspector, or a person who is acting on behalf of the Chief Animal Welfare

Inspector, is exempt from the following offences if the animals, equipment or

structures have been seized under this Act:

1. Contravening

subsection 16 (3) (Animal fighting equipment) or 16 (4) (Animal fighting

structure).

2. Possessing

a prohibited animal in contravention of

section 18.

3. Possessing

a restricted animal without authorization in contravention of

section 20.

4. Possessing

an orca in contravention of

section 19 for the purpose of causing it to be

removed from Ontario in accordance with an order made under subsection 59 (1).

Immunity

(1) No animal welfare inspector, veterinarian,

member of the Board or person acting in accordance with

section 34 is

personally liable for any act done in good faith in the execution or intended

execution of the person’s powers or duties under this Act or for any neglect or

default in the execution, in good faith, of the person’s powers or duties under

this Act.

Crown

liability

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of any liability to

which it would otherwise be subject.

Conflict

Conflict

with municipal by-laws

67 In the event of a conflict between a provision of this Act

or of a regulation made under this Act and of a municipal by-law pertaining to

the welfare of or the prevention of cruelty to animals, the provision that

affords the greater protection to animals shall prevail.

Service

Service

of orders, notices, etc.

68 Any order, notice or statement of account required or

authorized to be served under this Act shall be served personally or by

registered mail, courier, fax, electronic mail or other prescribed method in

accordance with the regulations.

Part X

Regulations

Regulations

— Lieutenant Governor in Council

(1) The Lieutenant Governor in Council may make

regulations,

(

a) respecting

anything that, in this Act, may or must be prescribed by the Lieutenant

Governor in Council or done by regulation made by the Lieutenant Governor in

Council;

(

b) prescribing

additional duties for the Chief Animal Welfare Inspector;

(

c) prescribing

the nature of the information that may be disclosed under subsection 2 (7) by the

Chief Animal Welfare Inspector or a designate, to whom it may be disclosed and

the circumstances in which it may be disclosed;

(

d) prescribing

standards of care for the purposes of this Act, including prescribing different

standards in respect of different classes of animals, circumstances, conditions

or activities;

(

e) prescribing

administrative requirements for the purposes of this Act, including, but not

limited to,

(

i) prescribing

different administrative requirements in respect of different classes of

animals, circumstances, conditions or activities,

(ii) requiring

the establishment of a committee to oversee an animal’s welfare and prescribing

the functions, duties, governance and operation of such a committee,

(iii) requiring

a committee referred to in subclause (ii) to develop and implement a plan to

promote an animal’s care,

(iv) requiring

the development and implementation of a program designed by a veterinarian to

provide care for an animal,

(

v) requiring

specified records to be kept or disclosed;

(

f) exempting

persons who meet the requirements set out in subsection 18 (2) from the

prohibition against possessing or breeding a prohibited animal, and specifying

conditions or restrictions for any such exemption;

(

g) establishing

and governing a regime to authorize persons to possess or breed a restricted

animal in Ontario, which may include,

(

i) the

issuance of licences, or some other form of authorization, which may be subject

to conditions,

(ii) authorizing

a person to establish, impose, amend or revoke conditions on the licences or authorizations,

(iii) a

procedure for the renewal or expiry of a licence or authorization,

(iv) prescribing

and requiring the payment of fees for the issuance or renewal of a licence or

authorization,

(

v) a

procedure for licences or authorizations to be revoked or to be subjected to

additional conditions,

(vi) exempting

persons from the requirement to be authorized to possess or breed a restricted

animal, and specifying conditions or restrictions for any such exemption;

(

h) establishing

and governing a regime to authorize persons to engage in activities prescribed

by the Lieutenant Governor in Council with respect to animals, which may

include,

(

i) the

issuance of licences or some other form of authorization, which may be subject

to conditions,

(ii) authorizing

a person to establish, impose, amend or revoke conditions on the licences or

authorizations,

(iii) a

procedure for the renewal or expiry of a licence or authorization,

(iv) prescribing

and requiring the payment of fees for the issuance or renewal of a licence or

authorization,

(

v) a

procedure for licences or authorizations to be revoked or to be subjected to

additional conditions,

(vi) exempting

persons from the requirement to be authorized to engage in an activity

prescribed by the Lieutenant Governor in Council with respect to animals, and

specifying conditions or restrictions for any such exemption;

(

i) prescribing

procedures that persons shall not cause an animal to undergo, which may include

exempting persons from the prohibition on the procedure and specifying

conditions or restrictions for any such exemption;

(

j) prescribing

items which may cause an animal distress that persons shall not possess,

purchase or sell, which may include exempting persons from the prohibition on

the possession, purchase or sale of the item and specifying conditions or

restrictions for any such exemption;

(

k) governing

administrative penalties for the purposes of this Act and all matters necessary

and incidental to the administration of a system of administrative penalties

under this Act, including, but not limited to,

(

i) providing

that the amount of a penalty for a contravention is increased by a specified

amount for each subsequent contravention that occurs within a specified period,

(ii) providing

for penalties in the form of lump sum amounts and of daily amounts, prescribe

the circumstances in which either or both types of amounts may be required and,

in the case of a daily amount, prescribe the maximum number of days for which a

daily amount may be imposed,

(iii) providing

for the time and manner of payment;

(

l) governing

reviews of notices of contraventions under

section 51, including prescribing an

entity to conduct the reviews;

(

m) governing

transitional matters that may arise due to the enactment of this Act;

(

n) respecting

any matter that is necessary or advisable to implement this Act effectively.

Regulations

— Minister

(2) The

Minister may make regulations,

(

a) respecting

anything that, in this Act, may or must be prescribed or done by regulation,

other than by the Lieutenant Governor in Council;

(

b) governing

the training of animal welfare inspectors;

(

c) governing

the qualifications of animal welfare inspectors;

(

d) governing

the equipment that animal welfare inspectors are permitted or required to use;

(

e) governing

the records that animal welfare inspectors are required to keep and reports

they are required to make;

(

f) governing

the use of data standards, electronic systems and processes, information

technology and communication technology by animal welfare inspectors;

(

g) governing

the conduct and duties of animal welfare inspectors;

(

h) governing

the provision of information by public sector bodies to the person or unit

specified by the Chief Animal Welfare Inspector, including prescribing,

(

i) the

information that must be provided,

(ii) the

manner in which the information must be provided, which may include requiring

information to be automatically provided electronically to the Chief Animal

Welfare Inspector,

(iii) the

frequency with which the information must be provided;

(

i) governing

the report required under

section 14, including its contents and the manner of

making the report;

(

j) governing

applications for and the issue of warrants by telephone or other means of

telecommunication under this Act, prescribing rules for the execution of such

warrants and prescribing evidentiary rules with respect to such warrants;

(

k) governing

inspections conducted under this Act, including prescribing conditions that

must be met in order to exercise an inspection power;

(

l) governing

the exercise of an animal welfare inspector’s powers by a police officer or

First Nations Constable;

(

m) governing

the reports required by subsection 60 (2), including prescribing,

(

i) the

information that must be provided in the report,

(ii) the

manner in which the information must be provided, which may include requiring

information to be automatically provided electronically to the Chief Animal

Welfare Inspector,

(iii) the

frequency with which the information must be provided;

(

n) prescribing

fees and allowances that shall be paid to persons rendering services in

connection with the Chief Animal Welfare Inspector’s duty to arrange for

necessaries set out in paragraph 5 of subsection 2 (2) or in connection with

animal welfare inspectors’ powers to supply necessaries in

section 33 (Supply

necessaries to animals), and providing for the adjustment of such fees and

allowances in special circumstances.

Forms

(3) The

Minister may approve forms for the purposes of this Act and provide for or

require their use.

PART XI

Transition

Ontario

Society for the Prevention of Cruelty to Animals Act

(1) An order made under

section 13 of the Ontario Society for the Prevention of Cruelty to Animals Act

is deemed to have been made by an animal welfare inspector under

section 30 of

this Act.

Same

(2) Subject

to the modification set out in subsection (3), the Ontario

Society for the Prevention of Cruelty to Animals Act continues to apply

in respect of any animal removed under

section 14 of that Act before its

repeal.

Same

(3) The

Chief Animal Welfare Inspector is deemed to have been appointed as the Chief

Inspector under subsection 21.1 (1) of the Ontario Society

for the Prevention of Cruelty to Animals Act for the interim period for

the purposes of any proceedings continued due to the application of subsection

(2) of this section.

Same

(4) Any

member of the Animal Care Review Board who held their appointment under the Ontario Society for the Prevention of Cruelty to Animals Act

immediately before that Act was repealed continue to be appointed under this

Act.

PART XII

Self-AmendmentS, Consequential Amendments and Repeal

Self-amendments

(1) The definition of “chief of police” in

subsection 1 (1) of this Act is amended by striking out “ Police

Services Act ” at the end and substituting “ Community

Safety and Policing Act, 2019 ”.

(2) The

definition of “First Nations Constable” in subsection 1 (1) of this Act is

repealed.

(3) Subsection

1 (1) of this Act is amended by adding the following definition:

“First

Nation Officer” has the same meaning as in the Community

Safety and Policing Act, 2019 ; (“agent de Première Nation”)

(4) The

definition of “police officer” in subsection 1 (1) of this Act is amended by

striking out “ Police Services Act ” at the end and

substituting “ Community Safety and Policing Act, 2019 ”.

(5) Section

60 of this Act is repealed and the following substituted:

Police

and First Nation Officer powers

(1) Subject to the regulations, a police officer

or First Nation Officer may exercise the powers of an animal welfare inspector

under sections 28, 29, 31, 32, 33, 41, 42, 43, 44, 47 and 48.

Exercise

of powers to be reported

(2) A

chief of police, or person who is in charge of a group of First Nation Officers,

shall report as prescribed to the Chief Animal Welfare Inspector regarding the

exercise of powers described in subsection (1) by police officers or First

Nation Officers who are under that person’s direction.

Prompt

notice to animal welfare inspector

(3) A

police officer or First Nation Officer who exercises the power in

section 31 to

take possession of an animal shall promptly notify an animal welfare inspector.

Inspector

to take possession

(4) The

animal welfare inspector who is notified under subsection (3) shall inspect the

animal and determine whether to take possession of it pursuant to

section 31.

(6) Section

65 of this Act is amended by striking out “First Nations Constable” in the

portion before paragraph 1 and substituting “First Nation Officer”.

(7) Clause

69 (2) (

l) of this Act is amended by striking out “First Nations Constable” at

the end and substituting “First Nation Officer”.

Animals

for Research Act

(1) The definition of “pound” in subsection 1

(1) of the Animals for Research Act is amended by

striking out “used by any person or body of persons, including the Ontario

Society for the Prevention of Cruelty to Animals or any society affiliated

therewith, for” and substituting “used by any person or body of persons for”.

(2) Section

1.1 of the Act is repealed and the following substituted:

Non-application

of the Provincial Animal Welfare Services Act, 2019

1.1

(1) Subject to subsection (2), the Provincial Animal Welfare Services Act, 2019 does not

apply in respect of an animal in the possession of the operator of a registered

research facility or of a licensed operator of a supply facility.

Exception

(2) Section

19, clause 49 (2) (f), subsections 49 (4), (6), (8), (9), (10) and (11) and

sections 58 and 59 of the Provincial Animal Welfare

Services Act, 2019 apply in respect of an orca, as defined in that Act,

in the possession of the operator of a registered research facility or of a

licensed operator of a supply facility.

Animal

Health Act, 2009

73 Subsection 19 (12) of the Animal

Health Act, 2009 is amended by striking out “section 11.1 of the Ontario Society for the Prevention of Cruelty to Animals Act ”

at the end and substituting “section 13 of the Provincial

Animal Welfare Services Act, 2019 ”.

Dog

Owners’ Liability Act

74 Paragraph 3 of

section 12 of the Dog

Owners’ Liability Act is repealed.

Ontario

Society for the Prevention of Cruelty to Animals Act

75 The Ontario Society for the

Prevention of Cruelty to Animals Act is repealed.

PART XIII

COMMENCEMENT AND

SHORT TITLE

Commencement

(1) Subject to subsections (2) to (6), this

Act comes into force on a day to be named by proclamation of the Lieutenant

Governor.

(2) Subsection

4 (4) comes into force on the later of,

(

a) the

day subsection 4 (1) of this Act comes into force; and

(

b) the

day

section 6 of

Schedule 31 to the Protecting What

Matters Most Act (Budget Measures), 2019 comes into force.

(3) Subsections

71 (1), (2), (3) and (4) come into force on the later of,

(

a) the

day subsection 1 (1) of this Act comes into force; and

(

b) the

day subsection 2 (1) of

Schedule 1 ( Community Safety and

Policing Act, 2019 ) to the Comprehensive Ontario

Police Services Act, 2019 comes into force.

(4) Subsection

71 (5) comes into force on the later of,

(

a) the

day

section 60 of this Act comes into force; and

(

b) the

day subsection 2 (1) of

Schedule 1 ( Community Safety and

Policing Act, 2019 ) to the Comprehensive Ontario

Police Services Act, 2019 comes into force.

(5) Subsection

71 (6) comes into force on the later of,

(

a) the

day

section 65 of this Act comes into force; and

(

b) the

day subsection 2 (1) of

Schedule 1 ( Community Safety and

Policing Act, 2019 ) to the Comprehensive Ontario

Police Services Act, 2019 comes into force.

(6) Subsection

71 (7) comes into force on the later of,

(

a) the

day clause 69 (2) (

l) of this Act comes into force; and

(

b) the

day subsection 2 (1) of

Schedule 1 ( Community Safety and

Policing Act, 2019 ) to the Comprehensive Ontario

Police Services Act, 2019 comes into force.

Short

title

77 The short