23.1 (1) The Minister may, in accordance with this section, issue a temporary response order in writing that applies with respect to any part of the Province or for the entire Province, or with respect to facilities or classes of facilities in the Province or any part of the Province, for one or more of the following purposes: 1. To minimize the risk of one or more specific hazards from entering the Province if the hazard is believed not to be present in the Province and, i. the hazard has been confirmed to be present in another jurisdiction, or ii. there are reasonable grounds to suspect the hazard is present in another jurisdiction. 2. To designate and protect the Province or one or more parts of the Province that are believed to be either free from the presence of one or more specific hazards or to have a low prevalence of one or more specific hazards. 3. To prevent, detect, control, suppress or mitigate any one or more specific hazards if there is a significant risk to animal or human health in the Province. 2023, c. 2, Sched. 1, s. 2. Limitation — urgency of mitigating risk (2) The Minister shall not issue a temporary response order unless, after receiving the advice of the Chief Veterinarian for Ontario, the Minister is of the opinion that, (a) any delay in implementing the measures authorized or required by the order will or is likely to increase substantially the risk to animal or human health; and (b) immediate measures are necessary to mitigate the possibility of that risk increasing. 2023, c. 2, Sched. 1, s. 2. Minister’s opinion (3) In forming an opinion under this section, the Minister shall consider the principle that the absence of scientific consensus should not be used as a reason for postponing measures to avoid or minimize the risk to animal or human health. 2023, c. 2, Sched. 1, s. 2. Contents of order (4) The order may do any of the following: 1. Establish restrictions on the transportation, movement or distribution of living or dead animals, animal products, animal by-products, inputs, fomites, waste material, conveyances or any other thing related to animals in, to or from the area to which the order applies. 2. Specify handling measures relating to the housing of animals that must be observed in the area to which the order applies. 3. Specify any precautionary or biosecurity measures for individuals, animals, animal products, animal by-products, inputs, fomites, waste material, conveyances or other things related to animals in the area to which the order applies or when entering or leaving that area, including requirements for cleaning and disinfection. 4. Authorize the Chief Veterinarian for Ontario to grant written exemptions, with or without conditions, from the restrictions or requirements in the order if the Chief Veterinarian for Ontario believes that the exemption would lead to less risk to animal or human health than would the application of the order. 5. Set out any other restriction or requirement that the Minister considers necessary. 2023, c. 2, Sched. 1, s. 2. Same (5) The order shall also, (a) briefly describe the reasons for the order and the circumstances giving rise to those reasons; (b) contain a description of the part of the Province to which the order applies or, if the order applies with respect to facilities or classes of facilities, a description of the facility or class of facilities; (c) specify the effective period of the order, subject to subsections (9) and (10); (d) specify the hazard in respect of which the order is being issued; (e) indicate whether the order authorizes the Chief Veterinarian for Ontario to grant exemptions; and (f) include any other relevant information. 2023, c. 2, Sched. 1, s. 2. Oral exemptions by Chief Veterinarian for Ontario (6) If the order authorizes the granting of exemptions and the Chief Veterinarian for Ontario believes that the delay necessary to put an exemption in writing will or is likely to increase substantially the risk to the health of any animal or person, the Chief Veterinarian for Ontario may grant the exemption orally. 2023, c. 2, Sched. 1, s. 2. Same, exemption to be provided in writing (7) An exemption that is granted orally shall be provided in writing as soon as practicable in the circumstances and in no case later than 48 hours after the oral exemption is granted. 2023, c. 2, Sched. 1, s. 2. Geographic limitation (8) The order shall apply only to the areas of the Province where it is necessary. 2023, c. 2, Sched. 1, s. 2. Time limitation (9) The order shall be effective only for as long as necessary but, in any case, shall be effective for no longer than 72 hours. 2023, c. 2, Sched. 1, s. 2. Extension (10) If the Chief Veterinarian for Ontario recommends that the order be extended and if, in the Minister’s opinion, the criteria for issuing the order continue to exist, the Minister may extend the order once, before it expires, for a further period of no longer than 72 hours. 2023, c. 2, Sched. 1, s. 2. Publication (11) The Minister shall publish the order and any extension of the order on a website of the Government of Ontario and in any other manner the Minister considers appropriate. 2023, c. 2, Sched. 1, s. 2. Notice to specific owner (12) In addition to publication, the Minister may provide notice of the order in any manner the Minister considers appropriate to an owner or custodian of an animal, animal product, animal by-product, input, fomite, waste material, premises, conveyance or other thing affected by the order and, if the order applies with respect to a facility or class of facilities, to the owners of the facilities. 2023, c. 2, Sched. 1, s. 2. Compliance (13) Unless the order provides otherwise, a person affected by the order shall comply with it immediately after the order is published or the person receives notice of it under subsection (12), whichever is earlier. 2023, c. 2, Sched. 1, s. 2. Limitations on actions of inspector (14) The actions of an inspector authorized by subparagraph 5 iii of section 18 to conduct an inspection in respect of an order under this section shall be exercised in a manner that is consistent with the purpose of the order and limits intrusiveness. 2023, c. 2, Sched. 1, s. 2. Legislation Act, 2006 (15) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order issued under this section. 2023, c. 2, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2023, c. 2, Sched. 1, s. 2 - 22/03/2023