35 (1) If an animal welfare inspector has provided an animal with necessaries to relieve its distress or the Chief Animal Welfare Inspector has taken an animal into the Chief Animal Welfare Inspector’s care, the Chief Animal Welfare Inspector may, from time to time, serve on the owner or custodian of the animal a statement of account respecting the cost of the necessaries. 2019, c. 13, s. 35 (1). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 35 (1) of the Act is repealed and the following substituted: (See: 2023, c. 12, Sched. 6, s. 8 (1)) Liability of owner or custodian for costs (1) The Chief Animal Welfare Inspector may, from time to time, serve on the owner or custodian of an animal a statement of account respecting any costs incurred in relation to the animal if the costs were incurred in relation to any of the following circumstances: 1.  An animal welfare inspector has taken steps to relieve the animal’s distress, which may include providing it with necessaries to relieve its distress under section 33. 2.  An animal welfare inspector has removed the animal from the place where it was under subsection 31 (1) or (2). 3.  The Chief Animal Welfare Inspector has kept the animal in the Chief Animal Welfare Inspector’s care under subsection 31 (6) or taken the animal into the Chief Animal Welfare Inspector’s care under subsection 44 (8). 2023, c. 12, Sched. 6, s. 8 (1). Statement of account (2) The statement of account must have printed or written on it the content of subsections 38 (2) and (5). 2019, c. 13, s. 35 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 35 (2) of the Act is repealed and the following substituted: (See: 2023, c. 12, Sched. 6, s. 8 (1)) Costs (2) For the purposes of subsection (1), the costs may include but are not limited to the following: 1.  Costs incurred to relieve the animal’s distress. 2.  Costs incurred in removing the animal or taking it into care. 3.  Costs of providing care for an animal that has been removed. 4.  Costs of providing care for an animal that the Chief Animal Welfare Inspector has kept or taken into care. 5.  Costs of taking any prescribed action in relation to the animal. 2023, c. 12, Sched. 6, s. 8 (1). Statement of account (2.1) The statement of account must have printed or written on it the content of subsections 38 (1), (2) and (5). 2023, c. 12, Sched. 6, s. 8 (1). Obligation to pay (3) An owner or custodian who receives a statement of account under subsection (1) is, subject to an order made under subsection 38 (9), liable for the amount specified in the statement. 2019, c. 13, s. 35 (3). Forfeiture on failure to pay account (4) Subject to any agreement made under subsection (5), the animal is forfeited to the Crown if, (a)  the owner or custodian does not appeal the statement of account in accordance with section 38 and fails to pay the stated amount within a prescribed period of time after being served the statement of account; or (b)  the owner or custodian appealed the statement of account in accordance with section 38 but failed to pay the confirmed or varied amount within a prescribed period of time after the Board provided notice of its decision. 2019, c. 13, s. 35 (4); 2023, c. 12, Sched. 6, s. 8 (2, 3). Agreements (5) Before the expiry of the relevant time period set out in clause (4) (a) or (b), the Chief Animal Welfare Inspector may enter into a written agreement with the owner or custodian to extend the time for payment or reduce the amount that is to be paid, or both. 2019, c. 13, s. 35 (5). Debt due to the Crown (6) Subject to subsection (8), if, after the prescribed period of time referred to in clause (4) (a) or the extended period of time referred to in subsection (5), any part of the statement of account is unpaid, the unpaid amount 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. 8 (4). Same (7) Subsection (6) applies regardless of whether the animal has been forfeited. 2023, c. 12, Sched. 6, s. 8 (4). Debt disputed (8) A statement of account may not be enforced under subsection (6) while the obligation to pay the statement of account is being appealed under section 38. 2023, c. 12, Sched. 6, s. 8 (4). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 6, s. 8 (1) - 01/01/2024;
2023, c. 12, Sched. 6, s. 8 (2) - 01/10/2023;
2023, c. 12, Sched. 6, s. 8 (3, 4) - 08/06/2023