38 (1) An owner or custodian of an animal may appeal any of the following to the Board: 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 keep an animal in or take an animal into the Chief Animal Welfare Inspector’s care. 4.  A statement of account. 2023, c. 12, Sched. 6, s. 10 (1). Prescribed time to appeal (2) An appeal under subsection (1) shall be made by notice in writing and must be made within the prescribed period after being served the order, notice of decision or statement of account, as the case may be. 2023, c. 12, Sched. 6, s. 10 (1). 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. 2019, c. 13, s. 38 (3). Application for return of animal (4) An owner or custodian of an animal that has been kept in or 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 or taken into the Chief Animal Welfare Inspector’s care have ceased to exist. 2023, c. 12, Sched. 6, s. 10 (2). Notice requirements (5) A notice to the Board must set out the remedy or action sought and the grounds for the appeal or application. 2019, c. 13, s. 38 (5); 2023, c. 12, Sched. 6, s. 10 (3). 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 Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 38 (6) of the Act is amended by striking out the portion before clause (a) and clause (a) and substituting the following: (See: 2023, c. 12, Sched. 6, s. 10 (4)) Board to notify re proceedings (6) Within five business days after receiving a notice under subsection (1), (3) or (4) in respect of a matter, the Board shall, (a)  fix a time, date and place at which the Board will commence the proceedings regarding the matter, which proceedings may commence by conducting a pre-hearing conference; 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). 2019, c. 13, s. 38 (6). 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). 2019, c. 13, s. 38 (7). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 38 (7) of the Act is repealed and the following substituted: (See: 2023, c. 12, Sched. 6, s. 10 (5)) Date to commence proceedings (7) The matter shall be dealt with on an expedited basis and the date fixed for commencing the proceedings shall be not more than 10 business days after the receipt of the notice in respect of the matter under subsection (1), (3) or (4). 2023, c. 12, Sched. 6, s. 10 (5). 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. 2019, c. 13, s. 38 (8). 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). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 38 (9) of the Act is repealed and the following substituted: (See: 2023, c. 12, Sched. 6, s. 10 (6)) 3.  By order, revoke a statement of account. 3.1  Confirm or vary a statement of account and order that the costs be paid, as confirmed or varied, to the Minister of Finance. 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. 2019, c. 13, s. 38 (9). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, paragraph 5 of subsection 38 (9) of the Act is repealed and the following substituted: (See: 2023, c. 12, Sched. 6, s. 10 (7)) 5.  Order that the whole or any part of any costs described in subsection 35 (1) in relation to an animal, including but not limited to the costs set out in subsection 35 (2), 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. 2019, c. 13, s. 38 (10). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 38 of the Act is amended by adding the following subsections: (See: 2023, c. 12, Sched. 6, s. 10 (8)) Regulations (10.1) The Lieutenant Governor in Council may make regulations governing orders made by the Board under paragraph 3, 3.1, 4 or 5 of subsection (9), which may include prescribing factors that the Board shall or shall not consider when making such an order. 2023, c. 12, Sched. 6, s. 10 (8). Application of Statutory Powers Procedure Act (10.2) For greater certainty, an order made under paragraph 3.1, 4 or 5 of subsection (9) is an order for the payment of money for the purpose of subsection 19 (3) of the Statutory Powers Procedure Act. 2023, c. 12, Sched. 6, s. 10 (8). 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), (3) or (4) consent to it. 2019, c. 13, s. 38 (11); 2023, c. 12, Sched. 6, s. 10 (9). 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. 2019, c. 13, s. 38 (12). 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. 2019, c. 13, s. 38 (13). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 10 (1, 9) - 01/10/2023;
2023, c. 12, Sched. 6, s. 10 (2, 3) - 08/06/2023; 2023, c. 12, Sched. 6, s. 10 (4-8) - 01/01/2024