jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are to provide for, (a) the protection of animal health in Ontario; (b) the establishment of measures to assist in the prevention of, detection of, response to, control of and recovery from hazards associated with animals that may affect animal health or human health or both; (c) the regulation of activities related to animals that may affect animal health or human health or both; and (d) the enhancement of the safety of food and other products derived from animals that humans may consume or use.  2009, c. 31, s. 1.
3 (1) The Minister may enter into agreements with any person or entity for the purposes of this Act to perform such duties or undertake such functions as the Minister may specify, on such conditions as the Minister may specify.  2009, c. 31, s. 3 (1). Advisory committees (2) The Minister shall establish such committees as the Minister considers appropriate to provide advice to the Minister or the Chief Veterinarian for Ontario on any matter related to the protection of animal health and matters regulated under this Act.  2009, c. 31, s. 3 (2).
4 (1) The Minister shall appoint an employee in the Ministry to act as Chief Veterinarian for Ontario for the purposes of this Act.  2009, c. 31, s. 4 (1). Qualifications (2) The qualifications of the Chief Veterinarian for Ontario are that he or she, (a) is a veterinarian who holds a licence without conditions or limitations; (b) has engaged in the practice of veterinary medicine for at least five years; and (c) possesses the qualifications for the Chief Veterinarian for Ontario that may be prescribed.  2009, c. 31, s. 4 (2). Functions and powers (3) The person appointed as Chief Veterinarian for Ontario shall perform the functions and exercise the powers of the Chief Veterinarian for Ontario under this Act.  2009, c. 31, s. 4 (3). An inspector (4) The Chief Veterinarian for Ontario is, by virtue of his or her office, an inspector under this Act.  2009, c. 31, s. 4 (4). Regulations (5) The Minister may make regulations clarifying, modifying and restricting the functions or powers of the Chief Veterinarian for Ontario.  2009, c. 31, s. 4 (5).
5 (1) The Minister may appoint an employee in the Ministry to act as Deputy Chief Veterinarian for Ontario for the purposes of this Act.  2009, c. 31, s. 5 (1). Qualifications (2) The qualifications of the Deputy Chief Veterinarian for Ontario are that he or she is a veterinarian who holds a licence without conditions or limitations and possesses the qualifications for the Deputy Chief Veterinarian for Ontario that may be prescribed.  2009, c. 31, s. 5 (2). Functions and powers (3) The Deputy Chief Veterinarian for Ontario shall, (a) perform such functions and exercise such powers as the Chief Veterinarian for Ontario may specify in writing; and (b) act in the place of the Chief Veterinarian for Ontario when the Chief Veterinarian for Ontario is absent or is unable to perform his or her functions and powers or when the office of the Chief Veterinarian for Ontario is vacant.  2009, c. 31, s. 5 (3). An inspector (4) The Deputy Chief Veterinarian for Ontario is, by virtue of his or her office, an inspector under this Act.  2009, c. 31, s. 5 (4).
6 (1) The Chief Veterinarian for Ontario may appoint one or more directors for the purposes of this Act and the regulations.  2009, c. 31, s. 6 (1). Areas of responsibility (2) If the Chief Veterinarian for Ontario appoints more than one director, the Chief Veterinarian for Ontario shall specify the area of responsibility of a director in the appointment.  2009, c. 31, s. 6 (2). Powers (3) A director appointed by the Chief Veterinarian for Ontario shall have those powers of an inspector that are specified in the appointment.  2009, c. 31, s. 6 (3). Reporting Hazards
7 Subject to the regulations, any person who knows, reasonably suspects or ought to know that a reportable hazard is or may be present in, contaminating or is otherwise associated with an animal, animal product, animal by-product, input, fomite, vector, waste material or any other thing related to an animal shall report, in accordance with the regulations, such knowledge or suspicion immediately to the Chief Veterinarian for Ontario or to any other prescribed person.  2009, c. 31, s. 7. Hazards, reporting by laboratories
8 (1) Subject to the regulations, the operator of a laboratory and such other persons as may be prescribed shall report to the Chief Veterinarian for Ontario or to any other prescribed person, in accordance with the regulations, any immediately notifiable hazard in respect of any sample or specimen taken from an animal, animal product, animal by-product, input, fomite, vector, waste material or any other thing related to an animal.  2009, c. 31, s. 8 (1). Periodically notifiable hazards (2) Subject to the regulations, the operator of a laboratory and such other persons as may be prescribed shall report to the Chief Veterinarian for Ontario or to any other prescribed person, in accordance with the regulations, any periodically notifiable hazard in respect of any sample or specimen taken from an animal, animal product, animal by-product, input, fomite, vector, waste material or any other thing related to an animal.  2009, c. 31, s. 8 (2).
9 Subject to the regulations, a veterinarian shall report to the Chief Veterinarian for Ontario or to any other prescribed person any incident or finding, as may be prescribed, encountered while engaged in the practice of veterinary medicine.  2009, c. 31, s. 9.
10 The Chief Veterinarian for Ontario shall report to the Chief Medical Officer of Health every matter of which the Chief Veterinarian for Ontario becomes aware and that, in his or her opinion, is or may be a hazard that constitutes a significant risk to public health.  2009, c. 31, s. 10.
11 (1) No action or other proceeding shall be instituted against a person, including a veterinarian, for making a report authorized under section 7, 8 or 9 in good faith to the Chief Veterinarian for Ontario or to any other prescribed person in respect of a hazard or prescribed incident or finding.  2009, c. 31, s. 11 (1). Exception (2) Subsection (1) does not apply with respect to a proceeding under the Veterinarians Act.  2009, c. 31, s. 11 (2). Licensing Licences, etc.
14 (1) Subject to subsections (2), (3) and (4), the Minister may enter into agreements with respect to the collection, use and disclosure of information, including personal information, with any person or entity.  2009, c. 31, s. 14 (1). Disclosure of personal information (2) At the Minister’s discretion, he or she may enter into an agreement under subsection (1) with respect to the disclosure of personal information for a purpose set out in paragraphs 1 to 4 of subsection 13 (5), but if the Minister does enter into such an agreement, (a) the disclosure must be made in accordance with the agreement; and (b) the person or entity that receives the information must agree to use the information only for the purpose set out in the paragraph in subsection 13 (5) for which the information was disclosed.  2009, c. 31, s. 14 (2). Same (3) The Minister may disclose personal information for a purpose set out in paragraphs 5 to 9 of subsection 13 (5) if he or she enters into an agreement under subsection (1) with respect to the disclosure of the personal information and, (a) the disclosure is made in accordance with the agreement; and (b) the person or entity that receives the information agrees to use the information only for the purpose set out in the paragraph in subsection 13 (5) for which the information was disclosed.  2009, c. 31, s. 14 (3). Confidentiality (4) An agreement under this section must, (a) provide that personal information collected, used or disclosed under it is confidential; and (b) establish mechanisms for protecting and maintaining the confidentiality of the information.  2009, c. 31, s. 14 (4).
15 Any disclosure of personal information that is authorized under subsection 14 (2) or (3) is deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.  2009, c. 31, s. 15.
16 (1) Information in the custody or control of an institution that has been collected for the purposes of this Act is deemed to be subject to the exemption in section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act if the disclosure of the information, (a) would identify, (i) an animal, animal product or animal by-product that is located at or in a certain premises or on or in a particular conveyance, or (ii) the owner of an animal, animal product or animal by-product; or (b) would reveal that a hazard is or may be contaminating or otherwise affecting an animal, animal product or animal by-product that is located at or in a certain premises, on or in a particular conveyance or owned by an identifiable person or entity.  2009, c. 31, s. 16 (1). Other information deemed to be supplied in confidence (2) Information in the custody or control of an institution that has been collected for the purposes of this Act, other than information to which subsection (1) applies, is deemed for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, (a) to be scientific, technical, commercial or financial information; and (b) to have been supplied in confidence to the institution by the person or entity to whom the record or information relates.  2009, c. 31, s. 16 (2). Definition (3) In this section, “institution” means an institution for the purposes of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.  2009, c. 31, s. 16 (3). Inspections
17 (1) The Chief Veterinarian for Ontario may in writing appoint, as he or she considers necessary, any of the following persons or classes of persons as inspectors: 1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or members of a class of such public servants. 2. Any other persons or the members of any other class of persons.  2009, c. 31, s. 17 (1). Powers (2) Inspectors shall act as inspectors in respect of such provisions of this Act and the regulations as are set out in their appointment.  2009, c. 31, s. 17 (2). Qualifications (3) Inspectors shall possess such skills or qualifications as the Chief Veterinarian for Ontario considers appropriate with respect to the exercise of powers that are set out in their appointment under subsection (2).  2009, c. 31, s. 17 (3). Limitation of authority (4) In an appointment of an inspector, the Chief Veterinarian for Ontario may limit the authority of the inspector in any manner that he or she considers necessary or advisable.  2009, c. 31, s. 17 (4).
20 (1) An inspector or director who has reasonable grounds to believe that a person has contravened a provision of this Act or the regulations or a condition of a licence, certificate, registration or permit may make an order in writing directing the person to comply with this Act, the regulations, licence, certificate, registration or permit, as the case may be, immediately or within the time specified in the order.  2009, c. 31, s. 20 (1). Discretionary part of order (2) The order may direct the person to modify or stop anything that the person is doing until the contravention on which the order is based no longer exists.  2009, c. 31, s. 20 (2). Order to destroy or dispose of animal, etc. (3) The order may direct the person to destroy or dispose of any animal, animal product, animal by-product, input, fomite, vector, waste material, conveyance or thing if the regulations require that such action be taken.  2009, c. 31, s. 20 (3). Oral order (4) If the delay necessary to put the order in writing will or is likely to increase substantially the risk to the health of any person or animal, the inspector may make the order orally.  2009, c. 31, s. 20 (4). Same, to be given in writing (5) An order that is made orally shall be provided in writing as soon as practicable in the circumstances and in no case later than seven days after the oral order is given.  2009, c. 31, s. 20 (5). Contents of order (6) The order shall, (a) specify the provisions of this Act or the regulations or the conditions of a licence, certificate, registration or permit that the inspector believes the person has contravened; (b) briefly describe the nature and, if applicable, the location of the contravention; (c) describe the action required to correct the contravention and the time within which the person is required to ensure that the action is taken; and (d) specify that the person has, (i) the right to request a review by a director in accordance with section 34 if the order is issued by an inspector who is not a director, the Chief Veterinarian for Ontario or the Deputy Chief Veterinarian for Ontario, or (ii) the right to a hearing by the Tribunal in accordance with section 36 if the order is issued by a director, the Chief Veterinarian for Ontario or the Deputy Chief Veterinarian for Ontario.  2009, c. 31, s. 20 (6). Information re compliance (7) The order may require that the person to whom the order is directed keep records and report information with respect to compliance with the order.  2009, c. 31, s. 20 (7). Service (8) The order shall be served on the person in accordance with section 51.  2009, c. 31, s. 20 (8). Compliance (9) Every person served with an order made under this section shall comply with the order within the time period specified in the order and, if requested to do so, shall provide proof of such compliance.  2009, c. 31, s. 20 (9).
22 (1) If an inspector makes an order under section 20 or 21, the inspector, a director or the Chief Veterinarian for Ontario may, by order, amend or revoke it.  2009, c. 31, s. 22 (1). Notice (2) Upon making an order under this section to amend or revoke an order, the inspector, director or Chief Veterinarian for Ontario shall serve written notice of the amendment or revocation on every person affected by the amendment or revocation, (a) in accordance with section 51 if the original order was made under section 20; or (b) in accordance with subsections 21 (4) and (5) if the original order was made under section 21.  2009, c. 31, s. 22 (2).
27 Despite section 54, if a person is required under this Act or the regulations to do a particular thing or an inspector is permitted to do a particular thing, the Crown is not liable, (a) for any costs, loss or damage resulting from the person or inspector doing it in compliance with this Act or the regulations; or (b) for the payment of any fee, rent or other charge associated with doing it in compliance with this Act or the regulations.  2009, c. 31, s. 27. Actions by Minister and Chief Veterinarian for Ontario re Orders
28 If an order or decision made under any of sections 20 to 25 is stayed, the Minister may cause to be done anything required by the order or decision.  2009, c. 31, s. 28.
29 (1) If an order made under any of sections 20 to 25 is not stayed, the Chief Veterinarian for Ontario may do or cause to be done anything required by the order, (a) if the person required by the order to do the thing, (i) cannot be served with the order, (ii) has refused to comply with or is not complying with the order, (iii) is not likely, in the Chief Veterinarian for Ontario’s opinion, to comply with the order in accordance with its requirements, (iv) is not likely, in the Chief Veterinarian for Ontario’s opinion, to carry out the order competently, or (v) requests the assistance of the Chief Veterinarian for Ontario in complying with the order; (b) if, in the Chief Veterinarian for Ontario’s opinion, it would be in the public interest to do so; or (c) if the prescribed conditions are satisfied.  2009, c. 31, s. 29 (1). Notice (2) The Chief Veterinarian for Ontario or his or her designate shall serve notice of an intention to cause a thing to be done under subsection (1) on each person required by the order to do the thing, unless the identity of the person cannot be ascertained.  2009, c. 31, s. 29 (2). Reaction to notice (3) A person who receives a notice under subsection (2) shall not do the thing referred to in the notice without the permission of the Chief Veterinarian for Ontario or his or her designate.  2009, c. 31, s. 29 (3).
31 (1) If a person is required to do any thing by an order or decision made under this Act and the Minister or the Chief Veterinarian for Ontario causes the thing to be done under section 28 or 29, the Chief Veterinarian for Ontario may make an order requiring the person, and any other person whom the Chief Veterinarian for Ontario determines is appropriate, to pay the costs incurred for having the thing done.  2009, c. 31, s. 31 (1). Contents of order (2) The order to pay costs shall include, (a) a description of things that the Minister or the Chief Veterinarian for Ontario caused to be done under this Act; (b) a brief statement of the circumstances giving rise to the decision of the Minister or the Chief Veterinarian for Ontario to cause the things to be done; (c) a detailed account of the costs incurred in doing the things; and (d) a direction that the person to whom the order is issued pay the costs to the Minister of Finance.  2009, c. 31, s. 31 (2).
32 (1) An order to pay costs may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court.  2009, c. 31, s. 32 (1). Interest (2) Section 129 (postjudgment interest) of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for that purpose, the date of filing is deemed to be the date of the order.  2009, c. 31, s. 32 (2). Recovery of money (3) The debt resulting from the failure to pay the order is, for all purposes, a debt due to the Crown in right of Ontario and may be recovered by any remedy or other procedure available to the Crown by law.  2009, c. 31, s. 32 (3). Provincial Traceability System Provincial traceability system
33 (1) The Minister may establish and oversee the operation of a provincial traceability system for animals, animal products, animal by-products and any other thing related to animals that is prescribed.  2009, c. 31, s. 33 (1). Requirement to take action and reporting to Ministry (2) Subject to the regulations, the Minister may require persons who own, have control over, or custody of premises, conveyances, animals, animal products, animal by-products and any other thing related to animals that is prescribed to take specified actions to support the establishment and effective operation of the system and to report the following to the Ministry or its designate at prescribed times: 1. The identification of premises and conveyances, including details of their characteristics, by such means as may be prescribed. 2. The identification of living and dead animals, animal products, animal by-products and any other thing related to animals that is prescribed, by such means as may be prescribed. 3. The movement from one premises to another premises of living and dead animals, animal products, animal by-products and any other thing related to animals that is prescribed and the conveyances used for such movement.  2009, c. 31, s. 33 (2). Review of Inspectors’ Orders
34 (1) A person to whom an order made by an inspector under section 20 or 21 is directed may, within seven days after being served with a copy of the order, request that a director review the order.  2009, c. 31, s. 34 (1). Same (2) Despite subsection (1), an order made under section 20 or 21 by a director, the Chief Veterinarian for Ontario or the Deputy Chief Veterinarian for Ontario, acting as an inspector, shall not be reviewed by a director.  2009, c. 31, s. 34 (2). Form of request (3) The person may make the request for review orally, with written confirmation served on the director within the time specified in subsection (1), or in writing.  2009, c. 31, s. 34 (3). Contents of request (4) A written request for review or a written confirmation of an oral request shall include, (a) the portions of the order in respect of which the person is requesting the review; (b) any submissions that the person wishes the director to consider; and (c) for the purpose of subsection (8), an address for service by mail or by fax or by any other means of service that the regulations specify.  2009, c. 31, s. 34 (4). No automatic stay (5) A request for review does not stay an order, unless the director orders otherwise in writing.  2009, c. 31, s. 34 (5). Decision of director (6) A director who receives a request for review may, (a) revoke the order of the inspector; or (b) by order directed to the person requesting the review, confirm or alter the order of the inspector.  2009, c. 31, s. 34 (6). Same (7) For the purposes of subsection (6), the director may substitute his or her own opinion for that of the inspector.  2009, c. 31, s. 34 (7). Notice of decision (8) The director shall serve the person requesting the review with a copy of, (a) the decision, if the director decides to revoke the order of the inspector; or (b) the director’s order and reasons for it, if the director confirms or alters the order of the inspector.  2009, c. 31, s. 34 (8). Deemed confirmation of order (9) If, within seven days after receiving a written request for review or a written confirmation of an oral request for review, the director does not make a decision under subsection (6) and serve notice of the decision on the person requesting the review, the director is deemed to have made an order confirming the order of the inspector.  2009, c. 31, s. 34 (9). Same, notice (10) For the purpose of an appeal to the Tribunal, a confirmation order that a director is deemed under subsection (9) to have made is deemed, (a) to be directed to each person to whom the order of the inspector was directed; and (b) to have been served, on each person to whom the order of the inspector was directed, at the expiry of the time period mentioned in subsection (9).  2009, c. 31, s. 34 (10). Hearings by Tribunal
35 (1) A director who does one of the following shall serve a written notice of his or her decision, with reasons, on the holder of the licence, certificate, registration or permit: 1. Imposes or amends conditions on a licence, certificate, registration or permit. 2. Suspends or revokes a licence, certificate, registration or permit.  2009, c. 31, s. 35 (1). Same, non-issuance or non-renewal (2) A director who refuses to issue or renew a licence, certificate, registration or permit shall serve a written notice of his or her decision, with reasons, on the person to whom the director refused to issue or renew the licence, certificate, registration or permit.  2009, c. 31, s. 35 (2).
37 (1) The commencement of a hearing before the Tribunal does not stay the operation of the order or decision taken with respect to the licence, certificate, registration or permit that is the subject matter of the hearing, unless the order is an order made under section 31 to pay costs.  2009, c. 31, s. 37 (1). Grant of stay (2) Subject to subsection (3), the Tribunal may, on the application of a party to a hearing, stay the order or decision that is the subject matter of the hearing.  2009, c. 31, s. 37 (2). Grounds for not granting stay (3) The Tribunal shall not stay the order or decision if doing so would result in, (a) serious risk to the health or safety of any person or any animal; or (b) significant damage or serious risk of significant damage to any property.  2009, c. 31, s. 37 (3). Application for removal of stay (4) A party to the hearing may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.  2009, c. 31, s. 37 (4). Application by new party (5) A person who is made a party to the hearing after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.  2009, c. 31, s. 37 (5). Removal of stay (6) The Tribunal, on the application of a party under subsection (4) or (5), shall remove a stay if failure to do so would have a result mentioned in clause (3) (a) or (b).  2009, c. 31, s. 37 (6). Conditions (7) The Tribunal may impose conditions on granting or removing a stay under this section.  2009, c. 31, s. 37 (7).
38 A hearing by the Tribunal shall be a new hearing and the Tribunal may, (a) confirm, alter or revoke the order or decision of the director, Chief Veterinarian for Ontario or Deputy Chief Veterinarian for Ontario that is the subject matter of the hearing; (b) by order direct the director, Chief Veterinarian for Ontario or Deputy Chief Veterinarian for Ontario to take the action that the Tribunal considers that he or she should take in accordance with this Act and the regulations; (c) for the purposes of clauses (a) and (b), substitute its opinion for that of the director, Chief Veterinarian for Ontario or Deputy Chief Veterinarian for Ontario.  2009, c. 31, s. 38. Administrative Penalties
39 An administrative penalty may be imposed under section 40 for the purpose of promoting compliance with the requirements established under this Act or the regulations.  2009, c. 31, s. 39.
43 An inspector who has the power to enter any land, building or other place under sections 41 and 42, and any person authorized under this Act to accompany the inspector, may enter and pass through other private property for the purpose of reaching the land, building or other place.  2009, c. 31, s. 43.
44 The Minister may, for the purpose of inspections under sections 41 and 42 exempt an inspector from the application of any provision of this Act, subject to such conditions as the Minister considers necessary.  2009, c. 31, s. 44. Offences and Penalties
45 No person shall, or shall attempt to, hinder, obstruct or interfere with any of the following persons in the exercise of their powers or the performance of their duties under this Act: 1. An inspector. 2. A person possessing special, expert or professional knowledge or skills who is acting in conjunction with an inspector under section 19. 3. A director. 4. The Chief Veterinarian for Ontario. 5. The Deputy Chief Veterinarian for Ontario. 6. Other persons who are authorized to act under this Act.  2009, c. 31, s. 45.
46 (1) No person shall orally, in writing or electronically, give or furnish by any means false or misleading information in respect of any matter related to this Act or the regulations to an inspector, a person acting in conjunction with an inspector under section 19, a director, the Chief Veterinarian for Ontario, the Deputy Chief Veterinarian for Ontario, the Minister, the Ministry, a laboratory or any other person authorized to act under this Act or involved in carrying out a program of the Ministry.  2009, c. 31, s. 46 (1). Same (2) No person shall include false or misleading information in any document required to be created, stored or submitted under this Act.  2009, c. 31, s. 46 (2).
47 No person shall refuse to furnish information required for the purposes of this Act or the regulations to any inspector, a person acting in conjunction with an inspector under section 19, a director, the Chief Veterinarian for Ontario, the Deputy Chief Veterinarian for Ontario, the Minister, the Ministry, any other person authorized to act under this Act, a laboratory or any person involved in carrying out a program of the Ministry.  2009, c. 31, s. 47.
48 (1) Every person is guilty of an offence who contravenes a provision of this Act that is listed in subsection (2), if the person is required under this Act to comply with the provision.  2009, c. 31, s. 48 (1). List of provisions (2) Each of the following is a provision of this Act that is listed for the purposes of subsection (1): 1. Section 7. 2. Section 8. 3. Section 9. 4. Paragraphs 12 and 13 of subsection 19 (1) and subsection 19 (5). 5. Subsection 21 (8). 6. Subsection 23 (8). 7. Subsection 29 (3). 8. Subsection 33 (2). 9. Section 45. 10. Section 46. 11. Section 47.  2009, c. 31, s. 48 (2). Offence re regulations (3) A person who contravenes a provision of the regulations is guilty of an offence.  2009, c. 31, s. 48 (3). Offence re inspection powers (4) A person who moves or interferes with an animal, animal product, animal by-product, input, fomite, waste material, conveyance or any other thing detained pursuant to paragraph 15 of subsection 19 (1), fails to comply with the directions regarding segregation given under subsection 19 (3), or fails to stop or follow the direction of an inspector acting under subsection 19 (6) is guilty of an offence.  2009, c. 31, s. 48 (4). Offence re order (5) Every person who fails to comply with an order made under this Act, other than an order under section 31 to pay costs, is guilty of an offence.  2009, c. 31, s. 48 (5). Offence re permits, licences, etc. (6) Every person who contravenes a condition in a licence, certificate, registration or permit issued under this Act is guilty of an offence.  2009, c. 31, s. 48 (6). Offence re fees (7) Every person who fails to pay a fee that the person is required to pay under this Act is guilty of an offence.  2009, c. 31, s. 48 (7). Offence re concealing hazards (8) A person who knowingly conceals the presence or the existence of a hazard is guilty of an offence.  2009, c. 31, s. 48 (8). Offence, re carry on activity without a licence, etc. (9) A person who carries on an activity for which a licence, certificate, registration or permit is required without having the licence, certificate, registration or permit is guilty of an offence.  2009, c. 31, s. 48 (9). Officers, directors, etc. (10) Every officer, director, employee and agent of a corporation who commits an offence under this Act, for which the corporation would be liable for prosecution, is guilty of an offence and on conviction is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.  2009, c. 31, s. 48 (10). Act of officer, etc. (11) For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, director, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or in the performance of his or her duties is deemed to also be an act or thing done or omitted to be done by the corporation.  2009, c. 31, s. 48 (11). Penalties
50 The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine provided elsewhere.  2009, c. 31, s. 50. Other Matters
51 (1) Unless otherwise provided in this Act or the regulations, a document, other than an offence notice or summons, that is to be served under this Act is sufficiently served if it is, (a) delivered personally; (b) sent by mail addressed to the person to whom delivery or service is required to be made at the latest address for the person appearing on the records of the Ministry; (c) sent by fax to the last fax number appearing on the records of the Ministry for the person to whom delivery or service is required to be made; or (d) served in accordance with the regulations respecting service.  2009, c. 31, s. 51 (1). Service deemed made, mail (2) If service is made by mail, the service is deemed to be made on the fifth day after the day of mailing, unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the document until a later date.  2009, c. 31, s. 51 (2). Same, fax (3) If service is made by fax, the service is deemed to be made on the day after the day the fax is sent, unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the faxed document until a later date.  2009, c. 31, s. 51 (3). Service of offence notice, etc., offences re conveyances
52 (1) In this section, “offence notice or summons” means, (a) an offence notice or summons under Part I of the Provincial Offences Act, or (b) a summons under Part III of the Provincial Offences Act.  2009, c. 31, s. 52 (1). Service of offence notice or summons (2) Delivery of an offence notice or summons to the custodian or operator of a conveyance in respect of an offence under this Act is deemed to be personal service of the offence notice or summons on the owner or lessee of the conveyance who is named in the offence notice or summons.  2009, c. 31, s. 52 (2). Employer (3) Delivery of an offence notice or summons to the custodian or operator of a conveyance in respect of an offence under this Act committed in the course of the custodian or operator’s employment is deemed to be personal service of the offence notice or summons on the employer of the custodian or operator.  2009, c. 31, s. 52 (3). Exception (4) Subsection (2) does not apply if, at the time of the offence, the conveyance was in the possession of the custodian or operator without the consent of the owner or lessee of the conveyance, as the case may be, but the burden of proof of that shall be on the owner or lessee of the conveyance.  2009, c. 31, s. 52 (4). Service of offence notice or summons
53 (1) Service of an offence notice or summons on a corporation may be effected by delivering the offence notice or summons personally to the manager, secretary or other officer of the corporation or to a person apparently in charge of a branch office of the corporation.  2009, c. 31, s. 53 (1). Service on partnership (2) Service of an offence notice or summons on a partnership may be effected by delivering the offence notice or summons personally to a partner or to a person apparently in charge of an office of the partnership.  2009, c. 31, s. 53 (2). Service on a sole proprietorship (3) Service of an offence notice or summons on a sole proprietorship may be effected by delivering it personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship.  2009, c. 31, s. 53 (3). Substituted service (4) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (3), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the corporation, partnership or sole proprietorship.  2009, c. 31, s. 53 (4).
54 (1) Except in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a person referred to in this subsection, in any Act or in a regulation made under this or any other Act, no action or other proceeding for damages or otherwise shall be instituted in respect of any act done in good faith in the execution or intended execution of any duty or authority under this Act, or for any alleged neglect or default in the execution in good faith of a duty or authority under this Act, against any of the following: 1. A member of the Tribunal. 2. An employee in the Ministry. 3. A public servant employed under Part III of the Public Service of Ontario Act, 2006 acting under the direction of a person referred to in paragraph 1 or 2. 4. A person possessing special, expert or professional knowledge or skills acting in conjunction with an inspector under section 19. 5. Any person or member of a class of persons appointed as an inspector under section 17. 6. Any person assisting in the execution or intended execution of any duty or authority with respect to a warrant issued for the purposes of this Act.  2009, c. 31, s. 54 (1). Crown not relieved of liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person referred to in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  2009, c. 31, s. 54 (2); 2019, c. 7, Sched. 17, s. 38. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 38 - 01/07/2019 Documents as evidence
55 (1) An official document that purports to be signed by the Minister, a director, the Chief Veterinarian for Ontario, the Deputy Chief Veterinarian for Ontario, an inspector or an employee in the Ministry under this Act shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document.  2009, c. 31, s. 55 (1). Admissibility of copies made under s. 19 (2) A copy of a thing, certified by an inspector as a copy made under paragraph 11 of subsection 19 (1), is admissible in evidence to the same extent and has the same evidentiary value as the thing copied.  2009, c. 31, s. 55 (2). Definition (3) In this section, “official document” means, (a) a licence, certificate, registration, permit, notice or order under this Act, (b) a certificate as to service of a document mentioned in clause (a), (c) a certificate as to the custody of any book, record or report or as to the custody of any other document, or (d) a certificate as to whether or not any document or notice was received or issued by the Minister or the Ministry under this Act.  2009, c. 31, s. 55 (3).
56 (1) Despite any requirement under this Act, for the purposes of anything done under this Act, a document may be prepared and signed by electronic means in an electronic format and may be filed by direct electronic transmission, if the preparation, signature and filing are in accordance with the Electronic Commerce Act, 2000.  2009, c. 31, s. 56 (1). Deemed filing (2) A printed copy of a document filed under subsection (1) is deemed to be the original document.  2009, c. 31, s. 56 (2).
57 If a licence, certificate, registration or permit is issued or granted to more than one person under this Act, those persons are jointly and severally liable to comply with all conditions in the licence, certificate, registration or permit.  2009, c. 31, s. 57. Orders and instruments, consequential authority
58 (1) The authority to make an order under this Act includes the authority to require the person or entity to whom the order is issued to take any intermediate actions or procedural steps, specified in the order, that are related to the action required or prohibited by the order.  2009, c. 31, s. 58 (1). Orders, authority to access (2) A person who has authority under this Act to order that a thing be done on or in any place also has authority to order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing.  2009, c. 31, s. 58 (2). Authority to amend or revoke included (3) For greater certainty, where a section in this Act gives a person the power to issue an order and the section does not expressly provide the authority to amend or revoke the order, the section shall be interpreted as including the authority to do so.  2009, c. 31, s. 58 (3).
59 A director may amend or revoke a licence, certificate, registration, permit or order issued under this Act if, (a) it is desirable for administrative reasons to, (i) reflect changes that have occurred with respect to the identity or description of a person or place, or (ii) eliminate provisions that are spent or obsolete; and (b) the director is satisfied that it is in the public interest to do so.  2009, c. 31, s. 59.
60 Sections 7, 8, 13, 14, 15 and 16 of this Act bind the Crown.  2009, c. 31, s. 60.
61 (1) A licence, certificate, registration, permit or order under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it is directed, and any other successor or assignee of the person to whom it is directed.  2009, c. 31, s. 61 (1). Extent of liability (2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with will annexed, guardian of property or attorney for property, their obligations to incur costs to comply with the order are limited to the value of assets they hold or administer, less their reasonable costs of holding or administering the assets.  2009, c. 31, s. 61 (2). Binding on receiver (3) A licence, certificate, registration, permit or order under this Act is binding on a receiver or trustee that holds or controls the animal, animal product, animal by-product, input, fomite, waste material or other thing to which this Act or the regulations apply.  2009, c. 31, s. 61 (3). Extent of trustee’s liability (4) If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets.  2009, c. 31, s. 61 (4).
62 In the event of conflict between an order made under this Act and an order made under subsection 13 (1) of the Health Protection and Promotion Act in respect of an animal, animal product, animal by-product, input, fomite, vector, waste material, conveyance or any other thing related to an animal, the Chief Veterinarian for Ontario and Chief Medical Officer of Health shall receive notice of the conflict and shall resolve the conflict in such manner as they consider appropriate.  2009, c. 31, s. 62. Regulations Regulations, Lieutenant Governor in Council
65 (1) A regulation in respect of living or dead animals, animal products, animal by-products, inputs, fomites, vectors, waste material, hazards, premises, conveyances and any other thing related to an animal may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.  2009, c. 31, s. 65 (1). Classes (2) A regulation may apply in respect of any class of activity, matter, person or thing, and in respect of any class of animal, animal product, animal by-product, input, fomite, waste material or any other thing related to an animal.  2009, c. 31, s. 65 (2). Same (3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination of those items and may be defined to consist of or to include or exclude any specified member, whether or not with the same attributes, qualities or characteristics.  2009, c. 31, s. 65 (3). Adoption of codes in regulations (4) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council or the Minister considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.  2009, c. 31, s. 65 (4). Amendments to codes (5) The power to adopt by reference and require compliance with a document in subsection (4) includes the power to adopt such a document as it may be amended from time to time.  2009, c. 31, s. 65 (5). When effective (6) The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette.  2009, c. 31, s. 65 (6). Retroactivity (7) If a regulation provides that a provision of the regulation is deemed to have come into force on a day before the regulation is filed, the provision is deemed to have come into force on that day.  2009, c. 31, s. 65 (7).