jswizzle3737/ontario_laws_and_regs huggingface dataset:
3 (1) The Minister shall, (a)  monitor the Chief Animal Welfare Inspector’s performance of his or her duties and the exercise of his or her powers under this Act; (b)  handle complaints about the Chief Animal Welfare Inspector; (c)  monitor the Chief Animal Welfare Inspector’s handling of complaints about animal welfare inspectors and deputy Chief Animal Welfare Inspectors; and (d)  monitor the disclosure by the Chief Animal Welfare Inspector
of personal information about individuals. Policies and directions (2) The Minister may establish policies regarding the performance of the Chief Animal Welfare Inspector’s duties and the exercise of his or her powers and may issue directions to the Chief Animal Welfare Inspector regarding the performance of those duties and the exercise of those powers. No policies or directions for certain matters (3) The Minister shall not establish a policy or issue a direction with respect to a specific inspection, the exercise of a power in relation to a specific animal in distress or a specific investigation into an offence. Provision of Information
4 (1) A public sector body that employs animal welfare inspectors shall, at the frequency and in the manner set out in the regulations, provide the person or unit specified by the Chief Animal Welfare Inspector with prescribed information that, (a)  is related to the administration of this Act; or (b)  is for the purpose of compiling information, including statistical information, to enable analysis in relation to, (i)  the management or allocation of resources related to this Act, (ii)  the planning for the delivery of programs and services related to this Act, or (iii)  the evaluation of those programs and services. Information to be provided on request (2) A public sector body shall provide the person or unit specified by the Chief Animal Welfare Inspector with such information as the Chief Animal Welfare Inspector may request from time to time in relation to the administration of this Act or an issue described in subclause (1) (b) (i), (ii) or (iii). Time to comply (3) The information requested under subsection (2) shall be provided in the form and manner, and within the time specified, in the Chief Animal Welfare Inspector’s request. Personal information (4) If personal information is to be provided under this section for the purpose described in clause (1) (a), the Chief Animal Welfare Inspector must specify that it shall be provided to a person or unit that is subject to direction by the Chief Animal Welfare Inspector or that is within the ministry of the Minister. Same (5) If personal information is to be provided under this section for the purpose described in clause (1) (b), the Chief Animal Welfare Inspector must specify that it shall be provided to an inter-ministerial data integration unit or a ministry data integration unit within the meaning of subsection 49.1 (1) of the Freedom of Information and Protection of Privacy Act. Same (6) For greater certainty, Part III.1 of the Freedom of Information and Protection of Privacy Act
applies to personal information provided to an inter-ministerial data integration unit or a ministry data integration unit under subsection (5). Animal Welfare Inspectors
5 (1) The Chief Animal Welfare Inspector may, in writing, appoint a person who is employed by a public sector body that is an institution, within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, as an animal welfare inspector if the person satisfies the prescribed requirements. Chief Animal Welfare Inspector and Deputies are animal welfare inspectors (2) The Chief Animal Welfare Inspector and any deputy Chief Animal Welfare Inspector are, by virtue of their office, animal welfare inspectors. Conditions and limitations (3) In appointing an animal welfare inspector, the Chief Animal Welfare Inspector may, in writing, specify conditions that apply to an appointment, or otherwise limit the authority of the inspector, in such manner as the Chief Animal Welfare Inspector considers necessary or advisable. Specified employer (4) The Chief Animal Welfare Inspector shall, in the document appointing an animal welfare inspector, record the name of the public sector body that employs the inspector. Automatic termination of appointment (5) An animal welfare inspector’s appointment is immediately terminated, without notice and without an opportunity to respond, if he or she ceases to be employed by the public sector body specified in the document appointing the inspector. Amendment, suspension revocation etc. (6) The Chief Animal Welfare Inspector may, in writing, from time to time and as the Chief Animal Welfare Inspector considers necessary or advisable, (a)  amend or specify new conditions that apply to an animal welfare inspector’s appointment, or otherwise limit the authority of the inspector; (b)  suspend an animal welfare inspector’s appointment for a specified period or until he or she has complied with specified conditions; or (c)  subject to subsection (7), revoke an animal welfare inspector’s appointment. Revocation requirements (7) Before revoking an animal welfare inspector’s appointment, the Chief Animal Welfare Inspector shall give the animal welfare inspector written notice with respect to the reasons for the revocation and an opportunity to respond orally or in writing, as the Chief Animal Welfare Inspector may determine.
6 An animal welfare inspector appointed by the Chief Animal Welfare Inspector shall not exercise any of his or her powers or perform any of his or her duties under this Act unless they have successfully completed the prescribed training, if any. Conduct of animal welfare inspectors
7 (1) Every animal welfare inspector, including, for greater certainty, the Chief Animal Welfare Inspector and every deputy Chief Animal Welfare Inspector, shall comply with the prescribed code of conduct. Peace officer (2) Every animal welfare inspector is a peace officer for the purposes of enforcing this Act. Identification (3) Every animal welfare inspector who exercises a power under this Act shall, on request, identify himself or herself as an inspector, produce identification and explain the purpose of the exercise of the power. Compliance with direction (4) An animal welfare inspector shall comply with any direction from the Chief Animal Welfare Inspector. Part III   Complaints
8 This Part applies to a portion of a complaint as if it were a complaint, unless the context indicates otherwise. Public complaints
9 (1) Any person, other than an animal welfare inspector, may make a complaint in writing to the Chief Animal Welfare Inspector about the conduct of an animal welfare inspector, other than the Chief Animal Welfare Inspector. Complaint re Chief Animal Welfare Inspector (2) Any person, other than an animal welfare inspector, may make a complaint in writing to the Minister about the conduct of the Chief Animal Welfare Inspector. Forwarding of complaints (3) If the Minister receives a complaint that should have been made to the Chief Animal Welfare Inspector under subsection (1), he or she shall forward it to the Chief Animal Welfare Inspector. Same (4) If the Chief Animal Welfare Inspector receives a complaint that should have been made to the Minister under subsection (2), he or she shall forward it to the Minister. Review of complaints
10 (1) The Chief Animal Welfare Inspector shall review every complaint made to the Chief Animal Welfare Inspector under subsection 9 (1) and determine whether there is cause for it to be investigated. Review by Minister (2) The Minister shall review every complaint made to the Minister under subsection 9 (2) and determine whether there is cause for it to be investigated.
11 (1) The Chief Animal Welfare Inspector or the Minister may refuse to cause a complaint to be investigated if, (a)  the facts on which the complaint is based occurred more than six months before the complaint is made; (b)  the complainant was not affected by the conduct of the person who is the subject of the complaint, as determined under subsection (3); (c)  the complaint alleges conduct that does not, on its face, constitute a failure to comply with the code of conduct referred to in subsection 7 (1); or (d)  in the opinion of the Chief Animal Welfare Inspector or the Minister, (i)  the complaint is frivolous, vexatious or made in bad faith, or (ii)  having regard to all the circumstances, dealing with the complaint is not in the public interest. Six-month period (2) In determining whether to refuse to cause a complaint to be investigated because the facts on which the complaint is based occurred more than six months before the complaint is made, the Chief Animal Welfare Inspector or the Minister shall consider, (a)  whether the complainant is a minor or under a disability within the meaning of the Accessibility for Ontarians with Disabilities Act, 2005; (b)  whether the complainant is or was subject to an inspection, investigation or order under this Act in respect of the events underlying the complaint; and (c)  whether, having regard to all the circumstances, it is in the public interest for the complaint to be investigated. Persons affected by conduct (3) For the purposes of clause (1) (b), only the following persons shall be considered to have been affected by the conduct: 1.  A person at whom the conduct was directed. 2.  A person who saw or heard the conduct or its effects as a result of being physically present at the time and place where the conduct or its effects occurred. 3.  A person who, i.  was in a personal relationship with a person described in paragraph 1 at the time that the conduct occurred, and ii.  suffered loss, damage, distress, danger or inconvenience as a result of the conduct. Public interest (4) In assessing the public interest for the purposes of subclause (1) (d) (ii) or clause (2) (c), the Chief Animal Welfare Inspector or the Minister shall consider, (a)  whether the conduct has been or is currently the subject of an investigation under this Act; (b)  whether the conduct could be more appropriately dealt with, in whole or in part, under another Act or law or in another adequate forum; (c)  whether a decision to not conduct an investigation would negatively impact public confidence in the administration of this Act; and (d)  whether an investigation is reasonably practicable, having regard to the information or evidence available. Notice (5) If the Chief Animal Welfare Inspector or the Minister refuses to investigate a complaint in accordance with this section, he or she shall give notice of the refusal, with reasons, and of the substance of the complaint to, (a)  the complainant; (b)  the person who is the subject of the complaint; and (c)  any other prescribed person.
12 (1) If there appear to be grounds to believe that the matter complained of warrants investigation, the Chief Animal Welfare Inspector or the Minister shall, (a)  cause the complaint to be investigated; (b)  inform the complainant about the investigation and keep him or her apprised of the steps taken to resolve the complaint; and (c)  notify the person who is the subject of the complaint, and any other prescribed person, about the investigation and the substance of the complaint. Notice, exception (2) The Chief Animal Welfare Inspector or the Minister is not required to provide notice under clause (1) (c) to the person who is the subject of the complaint if, in the opinion of the Chief Animal Welfare Inspector or the Minister, as applicable, doing so may prejudice the investigation. Delay (3) The Chief Animal Welfare Inspector or the Minister may delay taking one of the actions set out in subsection (1) if the subject matter of the complaint is the subject of an investigation or proceeding under another Act or law, and the delay may last until the conclusion of the investigation or proceeding. Results of investigation (4) A person who conducts an investigation of a complaint under subsection (1) shall report their results in writing to the Chief Animal Welfare Inspector or the Minister, as applicable. Notification (5) Unless the regulations provide otherwise, the Chief Animal Welfare Inspector or the Minister shall notify the complainant, the person who was the subject of the investigation and any other prescribed person of the findings in the report. Chief Animal Welfare Inspector and Minister’s powers (6) If, in the opinion of the Chief Animal Welfare Inspector or the Minister, the report discloses evidence that the person who is the subject of the investigation has not complied with the code of conduct referred to in subsection 7 (1), the Chief Animal Welfare Inspector or the Minister may do one or more of the following: 1.  Reprimand the person who is the subject of the complaint. 2.  Suspend the subject of the complaint’s appointment for a specified period or until he or she has complied with specified conditions. 3.  Impose conditions on the person who is the subject of the complaint. 4.  Revoke the appointment of the person who is the subject of the complaint. Before imposing measures (7) Before exercising a power under subsection (6), the Chief Animal Welfare Inspector or the Minister shall provide written notice of the proposed measures to the person who is the subject of the complaint and provide him or her an opportunity to respond orally or in writing, as the Chief Animal Welfare Inspector or the Minister may determine. Exercise of powers (8) After considering the response under subsection (7), if any, the Chief Animal Welfare Inspector or the Minister may implement the proposed measures, impose a lesser measure or rescind his or her intention to implement them. Notice (9) The Chief Animal Welfare Inspector or the Minister shall notify the complainant and any other prescribed person of any action taken under subsection (6). Part IV   Duties and ProhIbitions Duties
13 (1) Every person who owns or has custody or care of an animal shall comply with the standards of care and the administrative requirements with respect to every animal that the person owns or has custody or care of. Exception, agricultural activities (2) Subsection (1) does not apply in respect of an activity regarding agricultural animal care, management or husbandry carried on in accordance with the reasonable and generally accepted practices of agricultural animal care, management or husbandry, unless the standards of care or administrative requirements expressly provide that they apply to that activity. Exception, veterinarians (3) Subsection (1) does not apply to, (a)  a veterinarian providing veterinary care, or boarding an animal as part of its care, in accordance with the standards of practice established under the Veterinarians Act; (b)  a person acting under the supervision of a veterinarian described in clause (a); and (c)  a person acting under the orders of a veterinarian described in clause (a), but only in respect of what the person does or does not do in following those orders.
14 Every veterinarian or other person prescribed by the Lieutenant Governor in Council who has reasonable grounds to believe that an animal is being abused, being subject to undue physical or psychological hardship, privation or neglect, including by participating in fights with other animals, or is being trained to fight another animal shall report his or her belief in accordance with the regulations, if any, to an animal welfare inspector. Distress, Animal Fights and Harm Distress
15 (1) No person shall cause an animal to be in distress. Permitting distress (2) No owner or custodian of an animal shall permit the animal to be in distress. Exposure to undue risk of distress (3) No person shall knowingly or recklessly cause an animal to be exposed to an undue risk of distress. Exception (4) Subsections (1), (2) and (3) do not apply in respect of, (a)  an activity permitted under the Fish and Wildlife Conservation Act, 1997 in relation to wildlife in the wild; (b)  an activity permitted under the Fish and Wildlife Conservation Act, 1997 or the Fisheries Act (Canada) in relation to fish; (c)  an activity regarding agricultural animal care, management or husbandry carried on in accordance with, (i)  any standards of care or administrative requirements that expressly provide that they apply to that activity, or (ii)  if no standards of care or administrative requirements expressly provide that they apply to that activity, the reasonable and generally accepted practices of agricultural animal care, management or husbandry; (d)  a prescribed class of animals or animals living in prescribed circumstances or conditions; and (e)  prescribed activities. Exception, veterinarians (5) Subsections (1), (2) and (3) do not apply to, (a)  a veterinarian providing veterinary care, or boarding an animal as part of its care, in accordance with the standards of practice established under the Veterinarians Act; (b)  a person acting under the supervision of a veterinarian described in clause (a); and (c)  a person acting under the orders of a veterinarian described in clause (a), but only in respect of what the person does or does not do in following those orders.
16 (1) No person shall encourage, promote, arrange, conduct, assist in, receive a financial or material benefit for or take part in, (a)  the training of an animal to fight with another animal; or (b)  any meeting, competition, exhibition, pastime, display or event at or in the course of which an animal fights another animal. Same, permitting fights, etc. (2) No person shall, (a)  permit an animal to be trained to fight with another animal; or (b)  permit any meeting, competition, exhibition, pastime, display or event at or in the course of which an animal fights another animal to take place. Animal fighting equipment (3) No person shall own or possess equipment that is used in animal fights or in training animals to fight. Animal fighting structure (4) No person shall own or possess a structure that is used in animal fights or in training animals to fight.
17 No person shall cause harm, or attempt to cause harm, to an animal that works with peace officers in the execution of their duties, or to a service animal, whether or not the animal is working at the time of the harm. Prohibited and Restricted Animals
18 (1) No person shall possess or breed a prohibited animal in Ontario. Exception (2) Despite subsection (1), a person may, if the regulations made by the Lieutenant Governor in Council so provide, continue to possess a prohibited animal in Ontario if the person possessed the prohibited animal in Ontario before the day the regulation prescribing the animal as a prohibited animal came into force. Regulation (3) The Lieutenant Governor in Council may, by regulation, prescribe animals as prohibited animals if the Lieutenant Governor in Council determines that the animal, poses an undue risk to human safety or cannot be humanely kept in captivity in Ontario.
19 (1) No person shall possess or breed an orca in Ontario. Transition (2) Despite subsection (1), a person may continue to possess an orca in Ontario if the person possessed the orca in Ontario on March 22, 2015.
20 (1) No person shall possess or breed a restricted animal in Ontario unless the person is authorized to do so in accordance with the regulations made by the Lieutenant Governor in Council and complies with any conditions of the authorization. Regulations (2) The Lieutenant Governor in Council may, by regulation, prescribe animals as restricted animals if the Lieutenant Governor in Council determines that such a regulation is advisable, (a)  to avoid undue risk to human safety; or (b)  to ensure that an animal is humanely kept in captivity. Prescribed Activities and Procedures
21 (1) No person shall engage in an activity prescribed by the Lieutenant Governor in Council with respect to animals unless the person is authorized to do so in accordance with the regulations made by the Lieutenant Governor in Council and complies with any conditions of the authorization. Required information (2) A person who engages in an activity prescribed by the Lieutenant Governor in Council with respect to animals shall provide the Minister with prescribed information in accordance with the regulations made by the Lieutenant Governor in Council.
22 No person shall cause an animal to undergo a procedure prescribed by the Lieutenant Governor in Council.
23 No person shall possess, purchase or sell an item prescribed by the Lieutenant Governor in Council which may cause an animal distress. Part V   Protection of Animals General Inspection Powers
25 (1) During an inspection under section 24, an animal welfare inspector may, (a)  inspect any animal or thing that the inspector believes on reasonable grounds to be relevant to the inspection; (b)  open any receptacle, baggage, package, container, cage or other thing where the inspector believes on reasonable grounds that it may contain something relevant to the inspection; (c)  conduct any test, take any measurement, specimen or sample, set up any equipment and make any photographic or other record that may assist in the inspection; (d)  require the production of any animal or thing, including any document or data that is relevant to the inspection; (e)  use or cause to be used any computer or other device that contains or is able to retrieve information, for the purpose of examining information relevant to the inspection that is contained in or available to the computer or other device, and produce or cause to be produced a printout or other output from the computer or other device of information that is relevant to the inspection; (f)  remove any documents or other things that are relevant to the inspection for the purpose of making copies or of further inspection; and (g)  ask questions that are relevant to the inspection. Assistance (2) An animal welfare inspector may be accompanied or assisted by any person during an inspection under section 24 regardless of whether the entry is made with or without a warrant. Time of entry (3) A warrantless entry under section 24 shall be made only between the hours of 9 a.m. and 5 p.m. during a business day, or at any other time when the place is open to the public. Copies (4) An animal welfare inspector may make copies of any documents produced or removed during the inspection. Return of things (5) If an animal welfare inspector removes any document or thing under clause (1) (f), the inspector shall copy the document or thing or further inspect it and return it promptly to the person from whom it was taken, unless it is not reasonable for the person to expect the thing to be returned.
26 A person shall give all reasonable assistance to an animal welfare inspector conducting an inspection under section 24, including by, (a)  producing any animal or thing required by the inspector in the course of the inspection; and (b)  providing any information relevant to the inspection in response to the inspector’s questions.
27 (1) An animal welfare inspector may, for any of the purposes described in clauses 24 (1) (a), (b) and (c), demand that the owner or custodian of the animal respond to reasonable inquiries. 2019, c. 13, s. 27 (1). Same (2) For the purposes of subsection (1), an animal welfare inspector may make inquiries by any means of communication. 2019, c. 13, s. 27 (2). Orally or in writing (3) The animal welfare inspector may require the owner or custodian to respond orally or in writing, as the inspector may determine. 2019, c. 13, s. 27 (3). Production (4) In requiring an owner or custodian to respond to an inquiry under subsection (1), an animal welfare inspector may require the production of any thing, including a document, or data related to the inquiry. 2019, c. 13, s. 27 (4). Document or data in electronic form (5) If a document or data is retained in electronic form, an animal welfare inspector may require that a copy of it be provided to him or her on paper or electronically, or both. 2019, c. 13, s. 27 (5). Subject of demand (6) If an animal welfare inspector makes a demand under subsection (1), the owner or custodian who is subject to the demand shall respond to the inspector within the time provided for in the demand. 2019, c. 13, s. 27 (6). Power to exclude persons (7) An animal welfare inspector who exercises the power set out in subsection (1) may exclude any person from questioning, except counsel for the individual being questioned. 2023, c. 12, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 1 - 08/06/2023 Entry where Animal is in Distress
28 (1) An animal welfare inspector who believes on reasonable grounds that an animal in distress is to be found in a place may enter and search that place with the consent of the occupier for the purposes of determining whether to exercise powers under sections 30 to 33. 2023, c. 12, Sched. 6, s. 2 (1). Warrant (2) On application without notice, a justice may issue a warrant authorizing an animal welfare inspector to enter and search a place for the purposes mentioned in subsection (1) if the justice is satisfied by information under oath or affirmation that there are reasonable grounds to believe that an animal in distress is to be found there. 2023, c. 12, Sched. 6, s. 2 (1). Warrant for dwelling (3) An application under subsection (2) that is made for the purposes of entering and searching a place, or part of a place, that is used as a dwelling must specify that the warrant is to enter and search a dwelling. 2019, c. 13, s. 28 (3). Accredited veterinary facilities (4) In the case of an application under subsection (2) that is made in relation to an accredited veterinary facility, or part of such a facility, the justice shall not issue the warrant unless the animal welfare inspector satisfies the justice that there are reasonable grounds to believe that an animal to be found there is being abused or subjected to undue physical or psychological hardship, privation or neglect. 2019, c. 13, s. 28 (4); 2023, c. 12, Sched. 6, s. 2 (2). Telewarrant (5) If an animal welfare inspector believes that it would be impracticable to appear personally before a justice to apply for a warrant under subsection (2), he or she may, in accordance with the regulations, seek the warrant by telephone or other means of telecommunication, and the justice may, in accordance with the regulations, issue the warrant by the same means. 2019, c. 13, s. 28 (5). Warrant timing and expiry (6) A warrant issued under this section shall specify the times during which the warrant may be executed and specify a date the warrant expires, which shall be no more than 30 days after the warrant is issued. 2019, c. 13, s. 28 (6). Extension (7) A justice may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days upon application without notice by an animal welfare inspector. 2019, c. 13, s. 28 (7). Other conditions (8) A warrant issued under this section is subject to any other conditions that may be specified in the warrant. 2019, c. 13, s. 28 (8). Police assistance (9) An animal welfare inspector may call upon police officers for assistance in executing the warrant. 2019, c. 13, s. 28 (9). Use of force (10) An animal welfare inspector, and any police officers called to assist the inspector, may use whatever force is reasonably necessary to execute the warrant. 2019, c. 13, s. 28 (10). Assistance (11) An animal welfare inspector may be accompanied or assisted by any person during a search under this section regardless of whether the search is made with or without a warrant. 2019, c. 13, s. 28 (11). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 2 (1, 2) - 08/06/2023
29 (1) An animal welfare inspector may enter a place, other than a place, or part of a place, that is being used as a dwelling, without a warrant and search for an animal for the purposes of determining whether to exercise powers under sections 30 to 33 if the inspector has reasonable grounds to believe that an animal in the place is in critical distress. 2019, c. 13, s. 29 (1); 2023, c. 12, Sched. 6, s. 3. Same, dwelling (2) An animal welfare inspector may enter a place, or a part of a place, that is being used as a dwelling without a warrant and search for an animal if the inspector has reasonable grounds to believe that, (a)  an animal in the place is in critical distress; and (b)  the time required to obtain a warrant under section 28 may result in serious injury or death to the animal. 2019, c. 13, s. 29 (2). Police assistance (3) An animal welfare inspector may call upon police officers for assistance in effecting the entry and search. 2019, c. 13, s. 29 (3). Use of force (4) An animal welfare inspector, and any police officers called to assist the inspector, may use whatever force is reasonably necessary to effect the entry and search. 2019, c. 13, s. 29 (4). Assistance (5) An animal welfare inspector may be accompanied or assisted by any person during a search under this section. 2019, c. 13, s. 29 (5). Accredited veterinary facilities (6) An animal welfare inspector shall not enter or search an accredited veterinary facility, or part of such a facility, under this section unless the inspector has reasonable grounds to believe that an animal in critical distress to be found there is being abused or subjected to undue physical or psychological hardship, privation or neglect. 2019, c. 13, s. 29 (6). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 3 - 08/06/2023 Powers in Relation to Animals in Distress
30 (1) An animal welfare inspector who has reasonable grounds to believe that an animal is in distress and who is able to promptly find the owner or custodian of the animal may order the owner or custodian to take such action as may, in the opinion of the inspector, be necessary to relieve the animal of its distress, which may include, without limiting the generality of the foregoing, having the animal examined and treated by a veterinarian at the expense of the owner or custodian. 2019, c. 13. S. 30 (1). Order to be in writing (2) The order shall be in writing and shall have printed or written thereon the content of subsections 38 (1), (2), (3) and (5). 2019, c. 13. S. 30 (2); 2023, c. 12, Sched. 6, s. 4 (1). Time for compliance with order (3) The order shall specify the time within which any action required by the order shall be performed. 2019, c. 13. S. 30 (3). Required compliance with order (4) Every person who is served with an order under this section shall comply with it in accordance with its terms until such time as it may be revoked by an animal welfare inspector or the Board. 2023, c. 12, Sched. 6, s. 4 (2). Same (4.1) If an order under this section is modified or confirmed by the Board, subsection (4) applies in respect of the order as modified or confirmed. 2023, c. 12, Sched. 6, s. 4 (2). Revocation of order (5) If, in the opinion of an animal welfare inspector, an order made under subsection (1) has been complied with, the inspector shall revoke the order and serve notice of the revocation in writing on the owner or custodian of the animal that is the subject of the order. 2019, c. 13. S. 30 (5). Change of ownership (6) If an animal that is the subject of an order under this section is transferred to a different owner, the former owner of the animal shall collect prescribed contact information from the new owner and immediately provide written notice to an animal welfare inspector of the transfer and the prescribed contact information. 2023, c. 12, Sched. 6, s. 4 (3). Change of ongoing custody (7) If custody of an animal that is the subject of an order under this section is transferred from a person who has ongoing custody of the animal to a different person to have ongoing custody of the animal, the former custodian shall collect prescribed contact information from the new custodian and immediately provide written notice to an animal welfare inspector of the transfer and the prescribed contact information. 2023, c. 12, Sched. 6, s. 4 (3). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 4 (1, 3) – 01/10/2023; 2023, c. 12, Sched. 6, s. 4 (2) - 08/06/2023
32 (1) An animal welfare inspector may cause an animal to be euthanized, (a)  with the consent of the owner; or (b)  if a veterinarian has advised the inspector in writing that, in his or her opinion, it is the most humane course of action. 2019, c. 13, s. 32 (1). Notice (2) An animal welfare inspector who has caused an animal to be euthanized under subsection (1) shall promptly serve written notice of his or her action on the owner or custodian of the animal, if known. 2019, c. 13, s. 32 (2); 2023, c. 12, Sched. 6, s. 6. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 6 - 08/06/2023
33 An animal welfare inspector who is lawfully in any place and who finds an animal in distress may, in addition to any other action he or she is authorized to take under this Act, supply the animal with necessaries to relieve its distress. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 33 of the Act is repealed and the following substituted: (See: 2023, c. 12, Sched. 6, s. 7) Take steps to relieve distress 33 An animal welfare inspector who is lawfully in any place and who finds an animal in distress may, in addition to any other action the inspector is authorized to take under this Act, take any reasonable steps to relieve the animal’s distress, which may include providing the animal with necessaries to relieve its distress. 2023, c. 12, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 7 - 01/01/2024 Critical Distress in Motor Vehicle
34 (1) A prescribed person who has reasonable grounds to believe that there is an animal in critical distress in a motor vehicle may enter the motor vehicle for the purpose of relieving the animal from distress. Dwelling (2) Subsection (1) does not authorize a prescribed person to enter a motor vehicle that is being used as a dwelling unless the occupier of the dwelling consents to the entry. May cause damage (3) The prescribed person may cause damage to the motor vehicle that is reasonably necessary in order to enter it and relieve the animal from distress. Power to take possession, relieve distress (4) The prescribed person may take possession of the animal and take reasonable steps to relieve its distress. Notification to animal welfare inspector (5) A prescribed person who takes possession of an animal under subsection (4)  shall promptly notify an animal welfare inspector if the owner or custodian of the animal is not present and cannot be found promptly. Inspector to take possession (6) The animal welfare inspector who is notified under subsection (5) shall inspect the animal and determine whether to take possession of it pursuant to section 31. No obstruction (7) No person shall obstruct a prescribed person exercising a power under this section to enter a motor vehicle for the purpose of taking an animal into his or her possession and relieving its distress. Costs (8) The owner or custodian of the animal is responsible for any costs incurred by the prescribed person in taking steps to relieve the animal’s distress, and the amount may be recovered as a debt due and owing to the prescribed person. Miscellaneous
36 If the Chief Animal Welfare Inspector keeps an animal in or takes an animal into the Chief Animal Welfare Inspector’s care under this Act and no person is identified as the animal’s owner or custodian within a prescribed period of time, the animal is forfeited to the Crown. 2019, c. 13, s. 36; 2023, c. 12, Sched. 6, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 9 - 08/06/2023 Part VI   Animal Care Review Board Animal Care Review Board
37 (1) The Animal Care Review Board is continued under the name Animal Care Review Board in English and Commission d’étude des soins aux animaux in French. Same (2) The Board shall consist of not fewer than three persons who shall be appointed by the Lieutenant Governor in Council. Chair, vice-chair (3) The Lieutenant Governor in Council may appoint one of the members of the Board as chair and another of the members as vice-chair. Composition of Board for hearings (4) A proceeding before the Board shall be heard and determined by a panel consisting of one or more members of the Board, as assigned by the chair or vice-chair of the Board. Remuneration of members (5) The members of the Board shall receive such remuneration and expenses as the Lieutenant Governor in Council determines. Employees (6) Such employees as are considered necessary for the proper conduct of the Board may be appointed under Part III of the Public Service of Ontario Act, 2006.
39 (1) The Board may make rules governing the practice and procedure before it. Same (2) Without limiting the generality of subsection (1), the Board rules may, (a)  provide for and require the use of hearings or of practices and procedures that are provided for under the Statutory Powers Procedure Act or that are alternatives to traditional adjudicative or adversarial procedures; (b)  authorize the Board to, (i)  define or narrow the issues required to dispose of an application and limit the evidence and submissions of the parties on such issues, and (ii)  determine the order in which the issues and evidence in a proceeding will be presented; (c)  authorize the Board to conduct examinations in chief or cross-examinations of a witness; (d)  prescribe the stages of its processes at which preliminary, procedural or interlocutory matters will be determined; (e)  authorize the Board to make or cause to be made such examinations of records and such other inquiries as it considers necessary in the circumstances; (f)  authorize the Board to require a party to a proceeding or another person to, (i)  produce any document, information or thing and provide such assistance as is reasonably necessary, including using any data storage, processing or retrieval device or system, to produce the information in any form, (ii)  provide a statement or oral or affidavit evidence, or (iii)  in the case of a party to the proceeding, adduce evidence or produce witnesses who are reasonably within the party’s control; and (g)  govern any other prescribed matter. General or particular (3) The rules may be of general or particular application. Consistency (4) The rules shall be consistent with this Part. Not a regulation (5) The rules made under this section are not regulations for the purposes of Part III of the Legislation Act, 2006. Failure to comply with rules (6) Failure on the part of the Board  to comply with the practices and procedures required by the rules or the exercise of a discretion under the rules by the Board in a particular manner is not a ground for setting aside a decision of the Board on an application for judicial review or any other form of relief, unless the failure or the exercise of a discretion caused a substantial wrong which affected the final disposition of the matter.
40 (1) The provisions of the Statutory Powers Procedure Act apply to a proceeding before the Board unless they conflict with a provision of this Act, the regulations or the Board rules. Conflict (2) Despite section 32 of the Statutory Powers Procedure Act, the Board rules prevail over the content of that Act with which they conflict. Part VII   Enforcement
41 (1) An animal welfare inspector may obtain a search warrant under Part VIII of the Provincial Offences Act. Warrantless searches re offences (2) If an animal welfare inspector has reasonable grounds to believe that there is in any place any thing that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the animal welfare inspector may, without a warrant, enter and search the place. Dwellings (3) Subsection (2) does not apply to a place, or a part of a place, that is being used as a dwelling. Computers, etc. (4) An animal welfare inspector who is conducting a search that is authorized by a warrant or by subsection (2) may, (a)  use or cause to be used any computer system or other device that contains or is able to retrieve information for the purpose of examining information contained in or available to the computer system or other device; and (b)  produce or cause to be produced a printout or other output from the computer system or other device.
42 (1) On application without notice, a justice may issue a warrant authorizing an animal welfare inspector to use any investigative technique or procedure or to do any thing described in the warrant if the justice is satisfied by information under oath or affirmation that there are reasonable grounds to believe that an offence under this Act has been or is being committed and that evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing. Assistance (2) The warrant may authorize any person specified in the warrant to accompany and assist the animal welfare inspector in the execution of the warrant. Terms and conditions of warrant (3) The warrant shall authorize the animal welfare inspector to enter and search the place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may, in respect of the alleged offence, authorize the  inspector to conduct any tests, take any measurements, take any specimens or samples, set up any equipment, make any excavations and make any photographic or other records that may be relevant to the search. Duration (4) The warrant is valid for 30 days or for such shorter period as may be specified in it. Further warrants (5) A justice may issue further warrants under subsection (1).
43 (1) On application without notice and subject to subsection (3), a justice may issue an order to a person, other than a person under investigation for an offence, requiring the person to, (a)  produce documents or copies of documents, certified to be true copies, or produce data; or (b)  prepare a document based on documents or data already in existence and produce it. Content of order (2) An order under subsection (1) shall require the document or data to be produced within the time, at the place and in the form specified in the order and require that it be given to an animal welfare inspector named in the order. Grounds for order (3) A justice may make an order under subsection (1) if he or she is satisfied by information given under oath or affirmation that there are reasonable grounds to believe that, (a)  an offence under this Act has been or is being committed; (b)  the document or data will provide evidence respecting the offence or suspected offence; and (c)  the person who is subject to the order has possession or control of the document or data. Conditions (4) An order under subsection (1) may contain such conditions as the justice considers advisable. Evidence (5) A copy of a document produced under this section, that is certified to be a true copy, is admissible in evidence in proceedings under this Act and has the same probative force as the original document would have if it had been proved in the ordinary way. No return of copies (6) Copies of documents produced under this section are not required to be returned to the person who provided them.
45 (1) If a person is convicted of an offence for contravening section 16, any animal seized in connection with the offence is forfeited to the Crown in right of Ontario. Possession or ownership (2) If a person is convicted of an offence for contravening subsection 16 (3) or (4), section 18 or section 20 as a result of their possession or ownership of an animal or thing, the animal or thing is forfeited to the Crown in right of Ontario. Application (3) Subsections (1) and (2) apply in addition to any other penalty. Application by person with interest (4) If an animal is forfeited to the Crown in right of Ontario pursuant to subsection (1), a person who claims an interest in the animal, and who is not the person who was convicted, may apply to a justice for an order directing that the animal be released to the person claiming the interest. Same (5) An application under subsection (4) must be made within the prescribed period of time after the animal is forfeited and must be made on notice to the Chief Animal Welfare Inspector and any other prescribed person. Conditions (6) An order made under subsection (4) is subject to such conditions as may be imposed by the justice.
46 (1) On motion in a proceeding under the Provincial Offences Act, or on application in accordance with the rules of court applicable to applications under that Act, a justice shall determine whether possession or ownership of an animal or thing seized is an offence by virtue of contravening subsection 16 (3) or (4), section 18 or section 20 and, if it is, the justice shall order that the animal or thing be forfeited to the Crown in right of Ontario. Application of subs. (1) (2) Subsection (1) applies whether or not a charge is laid in respect of the animal or thing seized and, if a charge is laid, subsection (1) applies even if the defendant is acquitted or the charge is dismissed or withdrawn.
47 (1) An animal welfare inspector who has reasonable grounds to believe that a person is contravening, has contravened or is about to contravene subsection 15 (1) or (2) or section 16, 17 or 18 may require the person to provide his or her name and address. Failure or suspected failure to self-identify (2) If the person refuses to give his or her name or address, or if the animal welfare inspector has reasonable grounds to believe that the name or address given is false, the animal welfare inspector may call upon a police officer who may arrest the person without warrant. Same (3) If the person attempts to leave before a police officer can arrest the person under subsection (2), the animal welfare inspector may arrest the person without warrant and shall promptly call for the assistance of a police officer and give the arrested person into the custody of the police officer. Deemed arrest (4) A police officer to whom the custody of a person is given under subsection (3) shall be deemed to have arrested the person for the purposes of the content of the Provincial Offences Act applying to his or her release or continued detention and bail. Reasonable grounds to believe name or address is false (5) For greater certainty, the failure on the part of an individual who is requested to provide their name or address to also produce an identification card or similar document, shall not, by itself, constitute reasonable grounds to believe that the name or address given is false.
48 (1) An animal welfare inspector may call upon police officers for assistance in exercising any of the powers referred to in this Part. Same (2) An animal welfare inspector, and any police officers called to assist the inspector, may use whatever force is reasonably necessary to exercise any of the powers referred to in this Part. Part VIII   Offences and Penalties Offences Offences
50 A prosecution for an offence under this Act shall not be commenced more than two years after the day evidence of the offence first came to the attention of a provincial offences officer. Administrative Penalties Administrative penalties
52 (1) If a person who is required to pay an administrative penalty under section 51 fails to pay the penalty within the time required under subsection 51 (7) or (11), the notice of contravention or the prescribed entity’s decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court. Same (2) Section 129 of the Courts of Justice Act applies in respect of a notice of contravention or decision filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the notice of contravention or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.
53 An administrative penalty imposed under section 51 that is not paid within the time required under that section is a debt due to the Crown and the Crown may recover the debt by action or by any other remedy or procedure available by law to the Crown for the collection of debts owed to the Crown. 2023, c. 12, Sched. 6, s. 12. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 12 - 08/06/2023