19 (1) When acting under section 18 or under the authority of a warrant or when consent has been given, an inspector may, alone or in conjunction with a person possessing special, expert or professional knowledge or skills, do any of the following: 1. Pass through or over any land, including the curtilage or grounds adjacent to or surrounding a private dwelling, without being liable to trespass or any other action in relation to that land, in order to gain access to the premises or conveyance that are subject to inspection under this section, if, i. it is necessary to do so in order to gain the access or to gain the access in a timely manner, and ii. it is impractical to use any other means to gain access. 2. Enter any premises, other than a private dwelling or a part of a premises used as a private dwelling unless the occupant has consented or the entry is under the authority of a warrant. 3. Open and enter a conveyance if there are reasonable grounds to believe that any living or dead animal, animal product, animal by-product, input, fomite, waste material or other thing regulated under this Act is or has been in or on the conveyance. 4. Open any container, package, crate, cage, storage vessel or any other thing for the purpose of examining the contents. 5. Examine, take samples and specimens from, and perform or arrange for tests on, living or dead animals, animal products, animal by-products, inputs, fomites, vectors, waste material and any other things related to an animal at or in the premises or on or in the conveyance, and may exhume or cause to be exhumed the carcass of an animal to do any of these things. 6. Conduct or cause to be conducted post mortem examinations with respect to any dead animal. 7. Transport or cause to be transported all or any part of the remains of a dead animal to another location for the purposes of paragraph 6. 8. Apply a symbol, tag or other identification mark or device to an animal, animal product, animal by-product, input, fomite, waste material or any other thing related to an animal for the purposes of subsequent identification. 9. Take photographs or make videos, notes or other recordings of any thing at or in the premises or on or in the conveyance that the inspector considers to be of assistance in the inspection. 10. Require the production for examination of any books, records or other documents, including electronic records or documents, pertaining to or documenting the movement of an animal, animal product, animal by-product, input, fomite, vector, waste material, conveyance or other thing regulated under this Act and any books, records or other documents relating to any activity, premises or conveyance regulated under this Act. 11. Make copies of books, records or other documents or temporarily remove them, after issuing a written document acknowledging receipt for them, for the purposes of making copies. 12. Require the owner or person in charge of and any person found at or in the premises or on or in the conveyance to provide assistance to the inspector, or to any person who is in possession of special, expert or professional knowledge or skills and is working in conjunction with the inspector, in order to enable the inspector or the person to carry out duties or perform functions under this Act. 13. Require the owner or person in charge of the premises or conveyance to answer all questions put to the person by the inspector relating to matters arising under this Act concerning animals, animal products, animal by-products, inputs, fomites, vectors, waste material and any other things related to an animal that are present, have been present or are expected to be present at or in the premises or on or in the conveyance. 14. Apply a seal or other identification mark or device to a conveyance, container or any other thing related to an animal and open and inspect the contents of any conveyance, container or other thing if an identification mark or device previously applied under this Act appears to have been altered, broken or otherwise tampered with. 15. Detain or seize a conveyance, animal, animal product, animal by-product, input, fomite, waste material or any other related thing, and may do any of the following, as applicable: i. If the animal is detained, require that the animal be kept in isolation or separate from certain other animals at or in the premises or on or in the conveyance, release it or dispose of it or make arrangements for its disposal or other manner of dealing with it. ii. If the animal is seized, release the animal or dispose of it or make arrangements for its disposal or other manner of dealing with it. iii. If the conveyance, animal product, animal by-product, input, fomite, waste material or other related thing is detained, issue a direction as to where and how the item is to be kept securely pending inspection, release it or cause it to be released or dispose of it or make arrangements for its disposal or other manner of dealing with it. iv. If the conveyance, animal product, animal by-product, input, fomite, waste material or other related thing is seized, release it or cause it to be released or dispose of it or make arrangements for its disposal or other manner of dealing with it.  2009, c. 31, s. 19 (1). Same, directions with respect to certain animals (2) When an inspector has reasonable grounds to suspect that a hazard may be present in or affecting an animal that he or she has examined, the inspector may direct that the animal be held at or in the premises or on or in the conveyance for further examination.  2009, c. 31, s. 19 (2). Same, segregation, etc. (3) When an inspector directs that an animal be held for further examination, the direction may include requirements that the animal be, (a) segregated in a secure place and held separate from other animals; (b) identified in a manner specified by the inspector; and (c) held in segregation until it is examined further by an inspector.  2009, c. 31, s. 19 (3). Same, veterinarian to attend (4) An inspector who directs that an animal be held for further examination shall, (a) release the animal; (b) consult a veterinarian; or (c) arrange for a veterinarian to attend as soon as practicable at the premises to examine the animal.  2009, c. 31, s. 19 (4). Removal of identification device prohibited (5) No person shall, (a) remove any symbol, tag, seal or other identification mark or device applied by an inspector under paragraph 8 or 14 of subsection (1) without the permission of an inspector; or (b) fail to identify the animal in the manner specified by an inspector under clause (3) (b).  2009, c. 31, s. 19 (5). Conveyance to stop, etc. (6) An inspector acting under paragraph 3 of subsection (1) may require an operator of a conveyance to stop and the operator shall, (a) stop the conveyance and, subject to clause (c), remain stopped for any period of time reasonably necessary for the inspector to carry out his or her duties under this Act; (b) not proceed until permitted to do so by the inspector; and (c) at the direction of the inspector, relocate the conveyance to the nearest point where an inspection may be conducted.  2009, c. 31, s. 19 (6). Warrants (7) An inspector may apply, without notice, to a justice to obtain a warrant, (a) to enter a private dwelling; or (b) to enter any premises or conveyance, (i) if entry to the premises or conveyance has been refused, or (ii) if there are grounds to believe that entry to the premises or conveyance is likely to be refused.  2009, c. 31, s. 19 (7). Application, dwelling (8) An application for a warrant to enter a private dwelling shall specifically indicate that the application relates to a private dwelling.  2009, c. 31, s. 19 (8). Same, use of force (9) A warrant may authorize the reasonable use of force, if required in the circumstances and subject to such conditions as may be contained in the warrant, by the inspector and any person who is acting in conjunction with the inspector in accordance with subsection (1).  2009, c. 31, s. 19 (9). Application without notice (10) A justice may receive and consider an application for a warrant or renewal of a warrant under this section without notice to the owner, occupant or person in charge of the private dwelling or premises or the owner or lessee of the conveyance.  2009, c. 31, s. 19 (10). Use of police (11) An inspector may take such steps and employ such assistance as is necessary to accomplish what is required under this section and may, when obstructed in doing so, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required, and it is the duty of every member of the Ontario Provincial Police Force or the police force to render assistance.  2009, c. 31, s. 19 (11). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 19 (11) of the Act is amended by striking out “the Ontario Provincial Police Force or the police force” wherever it appears and substituting in each case “the police service”. (See: 2019, c. 1, Sched. 4, s. 2 (1)) OSPCA Act continues to apply (12) If an animal is detained by an inspector under paragraph 15 of subsection (1) or directed to be held under subsection (2), the owner or custodian of the animal is deemed to continue to have custody or care of the animal for the purpose of section 13 of the Provincial Animal Welfare Services Act, 2019.  2009, c. 31, s. 19 (12); 2019, c. 13, s. 73. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 2 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 2 (1) - not in force; 2019, c. 13, s. 73
- 01/01/2020 Orders (Compliance, Quarantine, Temporary Response, Animal Health Control Areas, Destruction of Animals etc.)