jswizzle3737/ontario_laws_and_regs huggingface dataset:
54 (1) The Chief Animal Welfare Inspector may authorize any person to act as a collector for the purposes of this section and sections 55 and 56 and to exercise the powers that the Chief Animal Welfare Inspector specifies in the authorization to collect administrative penalties owing under this Act. Costs of collection (2) Despite clause 22 (a) of the Collection and Debt Settlement Services Act, the Chief Animal Welfare Inspector may also authorize a collector to collect a reasonable fee or reasonable disbursements, or both, from each person from whom the collector seeks to collect administrative penalties owing under this Act. Same (3) The Chief Animal Welfare Inspector may impose conditions on an authorization under subsection (2) and may determine what constitutes a reasonable fee or reasonable disbursements for the purposes of that subsection. Exception re disbursements (4) The Chief Animal Welfare Inspector shall not authorize a collector who is required to be registered under the Collection and Debt Settlement Services Act to collect disbursements.
55 (1) A collector may exercise any of the powers specified in an authorization of the Chief Animal Welfare Inspector under section 54. Fees and disbursements part of order (2) If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized under subsection 54 (2) shall be deemed to be owing under, and shall be deemed to be added to, the amount of the penalty set out in the notice of contravention. Distribution of money collected (3) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector’s fees and disbursements.
56 (1) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of the Chief Animal Welfare Inspector. Payment (2) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out in accordance with subsection 55 (3).
57 The Chief Animal Welfare Inspector may issue a notice of contravention to a person under subsection 51 (1) even though, (a)  an order has been made or may be made against the person under section 30; or (b)  the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention. Orders to Remove Orcas
58 (1) If a person is convicted of possessing an orca in Ontario in contravention of section 19, the court shall order the person to remove the orca from Ontario within a period of time specified by the court. Prohibition does not apply (2) The prohibition against possessing an orca in section 19 does not apply in respect of an orca that is the subject of an order under subsection (1) until the period of time specified by the court has elapsed. Offence, failure to remove orca (3) A person who fails to comply with an order described in subsection (1) is guilty of an offence. Penalty — individuals (4) An individual who commits an offence under subsection (3) is liable on conviction to a fine of not more than $260,000 or to imprisonment for a term of not more than two years, or to both. Penalty — corporations (5) A corporation that commits an offence under subsection (3) is liable on conviction to a fine of not more than $1,000,000. Penalty — directors, officers (6) A director or officer of a corporation who authorized, permitted or participated in the corporation’s commission of an offence under subsection (3) is also guilty of the offence and on conviction is liable to the same penalty to which an individual is liable for the offence, whether or not the corporation has been prosecuted or convicted.
59 (1) If a person has been convicted of an offence for contravening subsection 58 (3), and if the person continues to possess the orca in Ontario, the Chief Animal Welfare Inspector may apply to a judge of the Ontario Court of Justice for any order necessary to allow the Chief Animal Welfare Inspector to cause the orca to be removed from Ontario. Costs (2) If an order is made under subsection (1), the person referred to in that subsection shall pay the Minister of Finance any costs that the Chief Animal Welfare Inspector incurred in bringing the application and any costs the Chief Animal Welfare Inspector incurs in causing the orca to be removed from Ontario. Part IX   General Powers of Police, Veterinarians, Etc.
60 (1) Subject to the regulations, a police officer or First Nations Constable may exercise the powers of an animal welfare inspector under sections 28, 29, 31, 32, 33, 41, 42, 43, 44, 47 and 48. Exercise of powers to be reported (2) A chief of police, or person who is in charge of a group of First Nations Constables, shall report as prescribed to the Chief Animal Welfare Inspector regarding the exercise of powers described in subsection (1) by police officers or First Nations Constables who are under that person’s direction. Prompt notice to animal welfare inspector (3) A police officer or First Nations Constable who exercises the power in section 31 to take possession of an animal shall promptly notify an animal welfare inspector. Inspector to take possession (4) The animal welfare inspector who is notified under subsection (3) shall inspect the animal and determine whether to take possession of it pursuant to section 31. Note: On the later of the day section 60 of this Act comes into force and the day subsection 2 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force, section 60 of this Act is repealed and the following substituted: (See: 2019, c. 13, s. 71 (5)) Police and First Nation Officer powers 60 (1) Subject to the regulations, a police officer or First Nation Officer may exercise the powers of an animal welfare inspector under sections 28, 29, 31, 32, 33, 41, 42, 43, 44, 47 and 48. 2019, c. 13, s. 71 (5). Exercise of powers to be reported (2) A chief of police, or person who is in charge of a group of First Nation Officers, shall report as prescribed to the Chief Animal Welfare Inspector regarding the exercise of powers described in subsection (1) by police officers or First Nation Officers who are under that person’s direction. 2019, c. 13, s. 71 (5). Prompt notice to animal welfare inspector (3) A police officer or First Nation Officer who exercises the power in section 31 to take possession of an animal shall promptly notify an animal welfare inspector. 2019, c. 13, s. 71 (5). Inspector to take possession (4) The animal welfare inspector who is notified under subsection (3) shall inspect the animal and determine whether to take possession of it pursuant to section 31. 2019, c. 13, s. 71 (5). Section Amendments with date in force (d/m/y) 2019, c. 13, s. 71 (5)
- not in force
61 (1) A veterinarian may euthanize an animal if, (a)  the animal is suffering; (b)  the animal’s owner or custodian cannot be found promptly, or the veterinarian reasonably believes that, (i)  the animal does not have an owner or custodian, or (ii)  the animal’s owner or custodian has abandoned the animal; and (c)  in the veterinarian’s opinion, euthanization is the most humane course of action. Not a limitation (2) Subsection (1) does not limit any other authority a veterinarian may have to euthanize an animal.
62 A prescribed entity operating an animal shelter that takes custody of an animal is deemed to be the owner of the animal for all purposes if, (a)  no person is identified as the animal’s owner or custodian within a prescribed period of time; or (b)  the owner or custodian of the animal has not claimed the animal within a prescribed period of time. Forfeiture
63 (1) If an animal, other than a prohibited animal, is forfeited to the Crown in right of Ontario under this Act, the Chief Animal Welfare Inspector shall take the animal into the Chief Animal Welfare Inspector’s care and shall have the authority to deal with the animal as if the Chief Animal Welfare Inspector were the owner. Prohibited animal (2) The Chief Animal Welfare Inspector shall deal with a prohibited animal forfeited to the Crown in right of Ontario under this Act in accordance with the regulations.
64 The Escheats Act, 2015 does not apply to property that is forfeited to the Crown in right of Ontario under this Act. Exemption and Immunity
65 A police officer, First Nations Constable, animal welfare inspector, or a person who is acting on behalf of the Chief Animal Welfare Inspector, is exempt from the following offences if the animals, equipment or structures have been seized under this Act: Note: On the later of the day section 65 of this Act comes into force and the day subsection 2 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force, section 65 of this Act is amended by striking out “First Nations Constable” in the portion before paragraph 1 and substituting “First Nation Officer”. (See: 2019, c. 13, s. 71 (6)) 1.  Contravening subsection 16 (3) (Animal fighting equipment) or 16 (4) (Animal fighting structure). 2.  Possessing a prohibited animal in contravention of section 18. 3.  Possessing a restricted animal without authorization in contravention of section 20. 4.  Possessing an orca in contravention of section 19 for the purpose of causing it to be removed from Ontario in accordance with an order made under subsection 59 (1). 5.  Contravening subsection 30 (6) (Change of ownership). 6.  Contravening subsection 30 (7) (Change of ongoing custody). 2019, c. 13, s. 65; 2023, c. 12, Sched. 6, s. 13 Section Amendments with date in force (d/m/y) 2019, c. 13, s. 71 (6)
- not in force 2023, c. 12, Sched. 6, s. 13 - 01/10/2023
66 (1) No animal welfare inspector, veterinarian, member of the Board or person acting in accordance with section 34 is personally liable for any act done in good faith in the execution or intended execution of the person’s powers or duties under this Act or for any neglect or default in the execution, in good faith, of the person’s powers or duties under this Act. Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject. Conflict
67 In the event of a conflict between a provision of this Act or of a regulation made under this Act and of a municipal by-law pertaining to the welfare of or the prevention of cruelty to animals, the provision that affords the greater protection to animals shall prevail. Service
68 (1) Any order, notice or statement of account required or authorized to be served under this Act shall be served personally or by registered mail, courier, fax, electronic mail or other prescribed method in accordance with the regulations. 2019, c. 13, s. 68 (1). When service effective (2) The regulations may prescribe when service, other than personal service, of any order, notice or statement of account is effective for the purposes of this Act. 2023, c. 12, Sched. 6, s. 14. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 14 - not in force Part X   Regulations
70 (1) An order made under section 13 of the Ontario Society for the Prevention of Cruelty to Animals Act is deemed to have been made by an animal welfare inspector under section 30 of this Act. Same (2) Subject to the modification set out in subsection (3), the Ontario Society for the Prevention of Cruelty to Animals Act continues to apply in respect of any animal removed under section 14 of that Act before its repeal. Same (3) The Chief Animal Welfare Inspector is deemed to have been appointed as the Chief Inspector under subsection 21.1 (1) of the Ontario Society for the Prevention of Cruelty to Animals Act
for the interim period for the purposes of any proceedings continued due to the application of subsection (2) of this section. Same (4) Any member of the Animal Care Review Board who held their appointment under the Ontario Society for the Prevention of Cruelty to Animals Act immediately before that Act was repealed continue to be appointed under this Act. part XII (omitted) 71 Omitted (provides for amendments to this Act). 72 to 75 Omitted (amends, repeals or revokes other legislation). Part XIII (omitted) 76 Omitted (provides for coming into force of provisions of this Act). 77 Omitted (enacts short title of this Act). ______________  Français