63 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing anything that is required or permitted to be prescribed, referred to as being prescribed or in the regulations or that is required, permitted or referred to as being done in the regulations, in accordance with the regulations or by the regulations; (b) defining words and expressions that are used in this Act that are not expressly defined in this Act; (c) respecting the destruction and disposal of animals, animal products, animal by-products, inputs, fomites, vectors, waste material and any other thing; (d) respecting the qualifications of any person or class of persons carrying out activities under this Act; (e) prohibiting the sale or the transfer of ownership or custody of an animal, animal product, animal by-product, input, fomite, waste material and any other thing where a hazard may be present in it, contaminating it or otherwise associated with it; (f) exempting any person, hazard, animal, animal product, animal by-product, input, fomite, vector, waste material, conveyance, activity, matter, thing or premises, or any class of them, from this Act, any provision of this Act, any regulations made by the Lieutenant Governor in Council or any provision of such a regulation and setting out the circumstances, if any, specified in the regulations and establishing any conditions that attach to the exemption; (g) prescribing facilities or classes of facilities that are excluded as laboratories under this Act; (h) specifying the manner of serving anything that this Act requires to be served on any person and specifying the time at which the service is deemed to be made; (i) respecting the sale, purchase, advertising, distribution, use, storage, handling and disposal of livestock medicines; (j) respecting the sale and transfer of animals that have been administered livestock medicines, drugs or vaccines or in which a hazard may be present or where exposure to a hazard may have occurred. 2009, c. 31, s. 63 (1), 67 (10, 11). Same, powers and duties (2) The Lieutenant Governor in Council may make regulations in respect of the powers and duties, in addition to those specified in this Act, of the Chief Veterinarian for Ontario, the Deputy Chief Veterinarian for Ontario, directors, inspectors and other persons authorized to act under this Act, including regulations authorizing the Chief Veterinarian for Ontario to appoint other persons or classes of persons to assist them and specifying the powers and duties of such persons or classes of persons. 2009, c. 31, s. 63 (2). Same, licences, certificates, etc. (3) The Lieutenant Governor in Council may make regulations governing licences, certificates, registrations and permits, including, (a) prescribing activities for which a licence, certificate, registration or permit is required; (b) prescribing persons or classes of persons who are required to obtain a licence, certificate, registration or permit; (c) respecting the qualifications, education or training that is necessary in order to carry out prescribed activities and prohibiting persons other than those with the prescribed qualifications, education or training from performing the prescribed activities; (d) respecting applications for a licence, certificate, registration or permit and respecting their issuance, renewal, suspension and revocation, their term and the purpose for which they may be issued, including imposing conditions and amending conditions in respect of them; (e) respecting persons or classes of persons who are exempt from the requirement to have a licence, certificate, registration or permit, including conditions attaching to the exemption; (f) requiring persons or classes of persons who have a licence, certificate, registration or permit to keep and maintain such records as may be prescribed and to submit such information at such intervals as may be prescribed; (g) respecting the transfer of a licence, certificate, registration or permit; (h) requiring applicants for a licence or permit to post a performance bond or other form of financial security as required by a director and governing the rights and obligations of the parties to such bond or financial security. 2009, c. 31, s. 63 (3). Same, inspections (4) The Lieutenant Governor in Council may make regulations governing inspections, including, (a) governing the procedures for the following persons to follow, in addition to the requirements of this Act, with respect to exercising their powers under this Act: (i) officials appointed by the Minister or the Chief Veterinarian for Ontario, as the case may be, (ii) persons assisting or acting in conjunction with inspectors in exercising their powers and with persons designated by a regulation made under clause (b); (b) designating persons or classes of persons who are not inspectors and who are to have those powers of an inspector that are specified in the regulations. 2009, c. 31, s. 63 (4). Same, matters related to the protection of animal health (5) The Lieutenant Governor in Council may make regulations in respect of any matter related to the protection of animal health, including, but not limited to, (a) respecting premises and their operations where animals may be displayed, exhibited, shown, marketed, assembled, sold, offered for sale or used in any form of competition, including the handling and care of animals at such premises and the loading, unloading and transportation of animals to and from such premises; (b) restricting the entry of living or dead animals, animal products, animal by-products, inputs, fomites, waste material and any other thing into the Province from another jurisdiction or the exit of living or dead animals, animal products, animal by-products, inputs, fomites, waste material and any other thing from the Province to another jurisdiction; (c) respecting the taking, supplying, examining, testing, analysis and interpretation of samples and specimens, including, (i) specifying methods and procedures that laboratories are required to follow with respect to testing, analysis and interpretation, (ii) specifying tests to be conducted by the laboratory on diagnostic material submitted by any person, and (iii) specifying the length of time diagnostic material shall be stored at the laboratory; (d) specifying documents verifying animal health status that may be issued under the authority of this Act, including the purpose of such documents, the persons to whom the documents may be issued, the persons authorized to issue such documents, any criteria to govern the issuance, renewal, amendment and cancellation of such documents and establishing fees in relation to such documents; (e) respecting measures for general hazard control and for specific hazards; (f) respecting any other measures required to be taken for the prevention, detection, control or mitigation of a hazard, including biosecurity measures. 2009, c. 31, s. 63 (5). Note: On the day section 13 of Schedule 3 to the Better for People, Smarter for Business Act, 2019
comes into force, section 63 is amended by adding the following subsection: Same, matters related to sale of livestock (5.1) The Lieutenant Governor in Council may make regulations setting out requirements related to the sale or offering for sale of livestock by public auction held at an established place of business where livestock is assembled for the purpose, including requirements relating to, (a) the day to day operations of the place of business; (b) the management of the sale or offering for sale; (c) the practices to be followed in connection with the sale or offering for sale; (d) facilities at the place of business for use by inspectors; (e) the protection of the financial interests of consignors of livestock; (f) insurance to be carried by persons who hold a licence for the sale or offering for sale of livestock by public auction held at an established place of business where livestock is assembled for the purpose.  2009, c. 31, s. 67 (12). See: 2009, c. 31, ss. 67 (12), 75 (4); 2019, c. 14, Sched. 3, s. 11 (3). Note: On the day section 12 of Schedule 3 to the Better for People, Smarter for Business Act, 2019
comes into force, section 63 is amended by adding the following subsection: Same, matters relating to bees (5.2) The Lieutenant Governor in Council may make regulations governing bees and beekeeping, including, (a) respecting rights of ownership in bees reared and kept in hives; (b) governing the ownership and recovery of swarms of bees, including rights in respect of entry onto premises to recover a swarm of bees; (c) respecting the rights of owners of premises where swarms have settled; (d) respecting beekeeping equipment, the operation of apiaries and the health of bees, including prohibitions to ensure the health of bees.  2009, c. 31, s. 67 (13). See: 2009, c. 31, ss. 67 (13), 75 (3); 2019, c. 14, Sched. 3, s. 11 (2). Same, compensation (6) The Lieutenant Governor in Council may make regulations governing compensation, including, (a) prescribing the circumstances under which compensation may be paid, reduced or refused; (b) prescribing the amount of compensation that may be paid or the manner of determining the amount of compensation that may be paid, including, (i) the maximum amount of compensation, and (ii) the market value of an animal, animal product, animal by-product, input, fomite, waste material, conveyance or any other thing; (c) prescribing any other matter for which compensation may be paid under clause 26 (1) (e). 2009, c. 31, s. 63 (6). Same, actions by Minister and Chief Veterinarian re orders (7) The Lieutenant Governor in Council may make regulations governing things the Minister or Chief Veterinarian for Ontario may cause to be done with respect to orders, including prescribing conditions for the purposes of clause 29 (1) (c). 2009, c. 31, s. 63 (7). Same, provincial traceability system (8) For the purposes of section 33, the Lieutenant Governor in Council may make regulations governing the establishment and overseeing the operation of the provincial traceability system, including, (a) prescribing things related to animals to be included in the traceability system; (b) prescribing requirements in respect of the collection, maintenance and use of any information in respect of the traceability system; (c) establishing the times when the information must be reported and prescribing things or classes of things upon which reports are required; (d) requiring persons who are required to provide information to keep records relating to their activities and to store the records for specific periods of time; (e) authorizing the collection, use and disclosure of information from any source that may be included in the traceability system and requiring the reporting of information by persons; (f) authorizing the disclosure of information contained in or collected pursuant to the traceability system and the purposes for which, circumstances under which, and persons to whom, disclosure of such information may occur; (g) exempting persons, premises, conveyances, animals (including by species or class), animal products, animal by-products and any other thing from any or all of the requirements of the traceability system and establishing any conditions that attach to the exemption. 2009, c. 31, s. 63 (8). Same, administrative penalties (9) The Lieutenant Governor in Council may make regulations governing administrative penalties, including, (a) specifying the form and content of notices of administrative penalties; (b) specifying persons or classes of persons to whom a director or inspector shall not issue a notice under section 40; (c) specifying the types of contraventions or failures in respect of which and the circumstances in which a director shall not issue a notice under subsection 40 (1); (d) governing the determination of the amount of the administrative penalty to be set out in a notice issued under subsection 40 (1) or (2), including, (i) the criteria to be considered and providing for different amounts depending on when an administrative penalty is paid, (ii) the ability to set a schedule for the payment of the amount, and (iii) the ability to enter into an agreement that provides the ability to reduce the amount and to allow for part of the amount to be used to correct the contravention or failure; (e) permitting the director and a person to whom a notice may be or has been issued under subsection 40 (1) to enter into an agreement providing for the reduction or suspension of a penalty upon the satisfaction of specified conditions and prescribing types of conditions that may be imposed; (f) specifying contraventions or failures or classes of contraventions or failures in respect of which an inspector is required to issue a notice under subsection 40 (2); (g) setting a specific amount for the administrative penalty that must be set out in a notice that an inspector is required to issue under subsection 40 (2); (h) respecting any other matter necessary for the administration of a system of administrative penalties provided for by section 40. 2009, c. 31, s. 63 (9). Concurrent authority (10) The Lieutenant Governor in Council may make any regulation that the Minister has authority to make and may amend or revoke any regulation made by the Minister. 2009, c. 31, s. 63 (10). Same (11) The Minister may amend or revoke a provision of a regulation if the provision was made or amended by the Lieutenant Governor in Council under subsection (10). 2009, c. 31, s. 63 (11). Section Amendments with date in force (d/m/y) 2009, c. 31, s. 67 (10, 11) - 01/01/2021; 2009, c. 31, s. 67 (12, 13) - not in force Regulations, Minister