4 (1) The council of every local municipality shall appoint one or more persons as valuers of livestock and poultry for the purposes of this Act.  R.S.O. 1990, c. L.24, s. 4 (1). Investigation and report by valuer (2) Where the owner of livestock or poultry discovers that any of the owner’s livestock or poultry has been killed or injured and to the best of the owner’s knowledge and belief such killing or injuring was done by a dog other than the owner’s dog or habitually kept upon the owner’s premises, the owner shall immediately notify a valuer for the local municipality in which the livestock or poultry were killed or injured or the clerk of such municipality who shall forthwith notify a valuer, and such valuer shall immediately make full investigation and shall make a report in writing within ten days thereafter to the clerk of the municipality giving in detail the extent and amount of the damage and his or her award therefor, and shall at the same time forward a copy of such report to the owner of the livestock or poultry.  R.S.O. 1990, c. L.24, s. 4 (2); 2010, c. 16, Sched. 1, s. 4 (6). Affidavit of owner (3) An owner of livestock or poultry who notifies a valuer or a clerk of a municipality under subsection (2) shall, within ten days, file with the clerk an affidavit that to the best of the owner’s knowledge and belief the livestock or poultry were killed or injured by a dog other than a dog owned by the owner or habitually kept upon the owner’s premises.  R.S.O. 1990, c. L.24, s. 4 (3); 2010, c. 16, Sched. 1, s. 4 (7). Denial of liability (4) Where the valuer finds evidence that to the best of his or her knowledge and belief shows, (a) that any of the livestock or poultry was not killed or injured by a dog; (b) that the killing or injuring was caused by a dog owned by or habitually kept on the premises of the owner of the livestock or poultry; or (c) that the owner had not taken reasonable care to prevent the killing or injuring of the livestock or poultry by dogs, the valuer shall include in his or her report to the clerk of the local municipality and to the owner of the livestock or poultry a statement of his or her belief and shall make forthwith a further report to the clerk of the municipality giving particulars of the evidence found, and the council of the municipality may thereupon deny liability in whole or in part by written notice given by the clerk of the municipality to the owner of the livestock or poultry within thirty days after the filing of the affidavit with the clerk.  R.S.O. 1990, c. L.24, s. 4 (4); 2010, c. 16, Sched. 1, s. 4 (8, 9). Report of valuer (5) The valuer shall include in the report a finding as to whether the livestock or poultry were killed or injured by dogs.  R.S.O. 1990, c. L.24, s. 4 (5); 2010, c. 16, Sched. 1, s. 4 (10). Damages limited (6) The amount of damage for which the local municipality is liable shall not include damage incurred under the circumstances set out in clause (4) (a), (b) or (c) and for which the municipality has denied liability in accordance with subsection (4).  R.S.O. 1990, c. L.24, s. 4 (6). Where carcass not to be destroyed (7) The owner of livestock or poultry shall not destroy or permit to be destroyed the carcass of any livestock or poultry reported killed under subsection (2) until the carcass has been seen by the valuer.  R.S.O. 1990, c. L.24, s. 4 (7). Appeal to director (8) Where the owner of livestock or poultry or the council is dissatisfied with the report of the valuer made under subsection (2), the owner or the council may appeal to the director who shall name a valuer, and the valuer so named shall make a further investigation and report.  R.S.O. 1990, c. L.24, s. 4 (8); 1994, c. 27, s. 28 (5). Time for appeal; deposit (9) Such appeal shall be made within thirty days after the making of the report to the clerk of the local municipality by its valuer, and $25 shall be deposited with the director at the time of making the appeal to be forfeited to the Crown if the report of the valuer for the local municipality is sustained on an appeal under this section.  R.S.O. 1990, c. L.24, s. 4 (9); 1994, c. 27, s. 28 (5). Where no municipal valuer, etc. (10) Where there is no valuer of the local municipality or the clerk or the valuer does not discharge the duties imposed on him or her by this Act, the director, on the application of the owner of any livestock or poultry killed or injured by a dog other than a dog owned by the owner or habitually kept upon the owner’s premises, shall name a valuer, and the valuer so named shall make an investigation and report, and the municipality shall pay to the director the cost of such investigation and report as fixed by him or her.  R.S.O. 1990, c. L.24, s. 4 (10); 1994, c. 27, s. 28 (5); 2010, c. 16, Sched. 1, s. 4 (11). Report of valuer appointed by director (11) A copy of the report of a valuer named by the director under subsection (8) or (10) shall be forwarded by the director as soon as practicable to the clerk of the local municipality and to the owner of the livestock or poultry.  R.S.O. 1990, c. L.24, s. 4 (11); 1994, c. 27, s. 28 (5). Idem (12) A valuer named by the director under subsection (8) or (10) shall, where applicable, include in his or her report a statement of his or her belief that the amount of damage to livestock or poultry includes damage incurred under the circumstances set out in clause (4) (a), (b) or (c), and the council of the municipality may thereupon deny liability in whole or in part by written notice given by the clerk of the municipality to the owner of the livestock or poultry within thirty days after receipt of the report of the valuer.  R.S.O. 1990, c. L.24, s. 4 (12); 1994, c. 27, s. 28 (5). Appeal from report of valuer (13) Where the owner of livestock or poultry or the council is dissatisfied with the report of the valuer made under subsection (8) or (10), the owner or the council may, within thirty days after receipt of the report, appeal to a judge of the Superior Court of Justice, and the judge may determine the liability of the municipality and, subject to subsection (14), the amount payable to the owner.  R.S.O. 1990, c. L.24, s. 4 (13); 2006, c. 19, Sched. C, s. 1 (1). Amount of liability limited (14) No municipality shall be liable to an owner for an amount in respect of livestock or poultry in excess of the maximum amount prescribed therefor in the regulations made under this Act.  R.S.O. 1990, c. L.24, s. 4 (14). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 28 (5) - 09/12/1994 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 4 (6-11) - 01/07/2011