Animal Health Act, 2009

Bills that amended this Act0

No published amendment links yet for this Act.

Sections173

• [s0]

  Purposes and Definitions

• 1Purposes

  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.

• 1.
• 2Definitions

  2 In this Act, “animal” means any creature that is not human and includes any other thing prescribed as an animal, but does not include any thing prescribed as excluded; (“animal”) “animal by-product” means a part of an animal or its carcass that is extracted, collected or otherwise obtained from an animal or from its carcass for purposes that are not a principal intention of growing or raising the animal and includes, (a) blood and any of its components, and anything containing any of those things or derived from any of those things, (b) antlers, bones, bristles, feathers, flesh, hair, hides, skins, hoofs, horns, offal and anything containing any of those things or derived from any of those things, and (c) any other thing prescribed as an animal by-product, but does not include any thing prescribed as excluded; (sous-produit animal”) “animal health control area” means an animal health c…

• 2.
• [s3]
• 3Agreements

  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).

• 3.
• 4Chief Veterinarian for Ontario

  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 …

• 4.
• 5Deputy Chief Veterinarian for Ontario

  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.
• 6Directors

  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).

• [s7]

  Reporting Hazards

• 6.
• [s8]
• 7Reportable 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

• 7.
• 8Immediately notifiable hazards

  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 th…

• 8.
• 9Reporting by veterinarians

  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.

• 10Report to the Chief Medical Officer of Health

  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.

• 9.
• 10.
• 11Protection from liability

  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). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (2) of the Act is amended by striking out “Veterinarians Act” at the end and substituting “Veterinary Professionals Act, 2024”. (See: 2024, c. 15, Sched. 1, s. 109 (2)) Section Amendments with date in force (d/m/y) 2024, c. 15, Sched. 1, s. 109 (2) - not in force

• [s13]

  Licensing Licences, etc.

• 11.
• [s14]
• 12Licences and certificates

  12 (1) Subject to the regulations, on receipt of an application made in accordance with the regulations, a director may issue or refuse to issue the following: 1. A licence with respect to, i. commercial operations that receive and handle animals for the purpose of sale or distribution or for the purpose of feeding, watering or resting animals while in transit, ii. the control and regulation of the sale of livestock medicines, including places where livestock medicines are sold or offered for sale or distribution, or iii. such other activities for the purposes of animal health monitoring and control as may be prescribed. Note: On a day to be named by proclamation of the Lieutenant Governor, and only if sections 13 and 14 of Schedule 3 to the Better for People, Smarter for Business Act, 2019 are both in force, paragraph 1 of subsection 12 (1) of the Act is repealed and the following subst…

• [s15]

  Collecting, Using and Disclosing Information

• 12.
• [s16]
• 13Collection and use of information

  13 (1) The Minister may directly or indirectly collect information, including personal information, from any source for purposes related to the administration of this Act or for such other purposes as may be prescribed, and may use the information for those purposes or consistent purposes. 2009, c. 31, s. 13 (1). Prescribed limitations (2) The collection or use of personal information for the purposes mentioned in subsection (1) is subject to any requirements or restrictions that may be prescribed. 2009, c. 31, s. 13 (2). Notice (3) If the Minister collects personal information under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act is given by, (a) a public notice posted on the Ministry’s website; or (b) any other method that may be prescribed. 2009, c. 31, s. 13 (3). Disclosure of information (4) The Minister may, as he…

• 13.
• 14Minister’s agreements re information

  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…

• 14.
• 15Deemed compliance

  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.

• 15.
• 16Records and information deemed to be maintained in confidence

  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 con…

• [s20]

  Inspections

• 16.
• [s21]
• 17Appointment of inspectors

  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 inspect…

• 17.
• 18Authority of inspector

  18 An inspector may inspect any animal, animal product, animal by-product, input, waste material or any other thing regulated under this Act, as well as any premises, conveyances, activities, fomites or vectors related to any of them in the following circumstances: 1. A reportable hazard, immediately notifiable hazard, or periodically notifiable hazard or a prescribed incident or finding referred to in section 9 has been reported to the Chief Veterinarian for Ontario or to any other prescribed person in respect of an animal, animal product, animal by-product, input, fomite, vector, waste material and any other thing related to an animal, and the inspector has reasonable grounds to believe that the thing that is to be inspected, i. has been exposed, directly or indirectly, to the hazard that is the subject of the report, or ii. was associated with the incident or finding that is the subje…

• 18.
• 19Acting under this Act

  19 (1) When acting under section 18 or under the authority of a warrant or when consent has been given, an inspector may, alone or in conjunction with a person possessing special, expert or professional knowledge or skills, do any of the following: 1. Pass through or over any land, including the curtilage or grounds adjacent to or surrounding a private dwelling, without being liable to trespass or any other action in relation to that land, in order to gain access to the premises or conveyance that are subject to inspection under this section, if, i. it is necessary to do so in order to gain the access or to gain the access in a timely manner, and ii. it is impractical to use any other means to gain access. 2. Enter any premises, other than a private dwelling or a part of a premises used as a private dwelling unless the occupant has consented or the entry is under the authority of a warra…

• [s24]

  Orders (Compliance, Quarantine, Temporary Response, Animal Health Control Areas, Destruction of Animals etc.)

• 19.
• [s25]
• 20Compliance orders

  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 su…

• Section Amendments with date in force (d/m/y)
• 20.
• 21Quarantine orders

  21 (1) When an inspector has reasonable grounds to believe that a hazard exists or may be present at or in any premises or any part of the premises and the hazard needs to be contained, the inspector may issue an order under this section to do one or more of the following: 1. Quarantine the premises or part of it. 2. Quarantine any of the following at or in the premises or part of it: i. an animal, ii. an animal product, iii. an animal by-product, iv. an input, v. a fomite, vi. waste material, vii. a conveyance, and viii. any other thing related to animals. 2009, c. 31, s. 21 (1). Same, conditions (2) The order shall include any conditions the inspector considers necessary to minimize the risk of the hazard persisting or spreading, shall briefly describe the hazard or suspected hazard and may, (a) specify the hazard or suspected hazard to the extent it is known; (b) name the owner or the…

• 21.
• 22Amendment or revocation of compliance or quarantine order

  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).

• 22.
• 23Surveillance zones

  23 (1) If an inspector has issued a quarantine order under section 21 in respect of a premises and the Chief Veterinarian for Ontario is of the opinion that further monitoring and surveillance of the hazard or suspected hazard is required, the Chief Veterinarian for Ontario may issue a written order establishing a surveillance zone around the quarantined premises. 2009, c. 31, s. 23 (1). Conditions included in order (2) The order shall include any conditions the Chief Veterinarian for Ontario considers necessary for further monitoring and surveillance of the hazard or suspected hazard described in the quarantine order made under section 21 and may, (a) specify the hazard or suspected hazard to the extent it is known; (b) describe the location or boundaries of the surveillance zone, which shall be an area not exceeding a radius of 10 kilometres around the quarantined premises; (c) require…

• 23.
• 23.1Temporary response order

  23.1 (1) The Minister may, in accordance with this section, issue a temporary response order in writing that applies with respect to any part of the Province or for the entire Province, or with respect to facilities or classes of facilities in the Province or any part of the Province, for one or more of the following purposes: 1. To minimize the risk of one or more specific hazards from entering the Province if the hazard is believed not to be present in the Province and, i. the hazard has been confirmed to be present in another jurisdiction, or ii. there are reasonable grounds to suspect the hazard is present in another jurisdiction. 2. To designate and protect the Province or one or more parts of the Province that are believed to be either free from the presence of one or more specific hazards or to have a low prevalence of one or more specific hazards. 3. To prevent, detect, control, …

• 24Animal health control area

  24 (1) On the advice of the Chief Veterinarian for Ontario, the Minister may issue a written order establishing an animal health control area in any part of the Province or for the entire Province or with respect to facilities or classes of facilities in the Province or any part of the Province for one or more of the following purposes: 1. To minimize the risk of one or more specific hazards from entering the Province if the hazard is believed not to be present in the Province and, i. the hazard has been confirmed to be present in another jurisdiction, or ii. there are reasonable grounds to suspect the hazard is present in another jurisdiction. 2. To designate and protect the Province or one or more parts of the Province that are believed to be either free from the presence of one or more specific hazards or to have a low prevalence of one or more specific hazards. 3. To prevent, detect,…

• 24.
• 25Order, destruction of animals

  25 (1) If, in the opinion of the Chief Veterinarian for Ontario, any of the hazards or circumstances listed in subsection (2) exists and the hazard or the hazard related to the circumstances is significant because of its potential to spread or otherwise pose a threat to animal or human health, the Chief Veterinarian may, if he or she considers it necessary to control the hazard or to prevent further spread or escalation of the hazard, (a) issue a written order to the owner or custodian of an animal to destroy or dispose of the animal, or to do both, within the period of time specified in the order; and (b) subject to the regulations, determine the method of destruction and the method of disposal of the carcass. 2009, c. 31, s. 25 (1). Same (2) The following are the hazards and circumstances referred to in subsection (1): 1. An animal product, animal by-product, input, fomite, vector, was…

• 25.
• [s32]

  Compensation

• [s33]
• 26Compensation, authorization

  26 (1) Subject to the regulations and out of money appropriated for such purposes by the Legislature, the Minister may, in accordance with the regulations, authorize reasonable compensation to, (a) an owner of an animal that, (i) is destroyed pursuant to an order made under section 24 or 25 or by reason of the regulations, or (ii) dies or is required to be destroyed as a result of being injured in the course of being tested, treated or identified under this Act by an inspector or by a person possessing special, expert or professional knowledge or skills who is assisting the inspector under section 19 or the regulations; (b) a person for cleaning and disinfection costs incurred in the course of complying with an order made under this Act, including a quarantine order, surveillance zone order, temporary response order and an animal health control area order; (c) an owner of an animal produ…

• 26.
• 27Crown not liable for losses, etc.

  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.

• 27.
• [s35]

  Actions by Minister and Chief Veterinarian for Ontario re Orders

• [s36]
• 28Action by Minister

  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.

• 28.
• 29Action by Chief Veterinarian for Ontario

  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 de…

• 29.
• 30Entry

  30 (1) A person who is responsible for doing any thing under section 28 or 29 may, for that purpose, enter on or in any premises or conveyance where the thing is to be done and any adjacent premises without a warrant if, (a) the entry is made with the consent of the owner, occupier or person in charge of the premises or the owner or operator of the conveyance, as the case may be; or (b) the delay necessary to obtain a warrant under subsection (2) would result in, (i) danger to the health or safety of any person or animal, or (ii) injury or damage or serious risk of injury or damage to any property. 2009, c. 31, s. 30 (1). Warrant (2) A person who is responsible for doing a thing under section 28 or 29 may apply to a justice to obtain a warrant, (a) to enter a private dwelling; or (b) to enter any premises or conveyance, (i) if entry has been refused, or (ii) if there are grounds to belie…

• 30.
• 31Order to pay costs

  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 issu…

• 31.
• 32Enforcement of order

  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).

• 32.
• [s41]

  Provincial Traceability System Provincial traceability system

• [s42]
• 33Establishing and overseeing operation of 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-pro…

• 33.
• [s43]

  Review of Inspectors’ Orders

• [s44]
• 34Review of order

  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 th…

• 34.
• [s45]

  Hearings by Tribunal

• [s46]
• 35Notice of director’s actions

  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).

• 35.
• 36Right to hearing

  36 (1) A person who receives a notice under subsection 35 (1) or (2) may request a hearing by the Tribunal by serving a written notice of the request on the director and the Tribunal within 15 days after service of the notice. 2009, c. 31, s. 36 (1). Same, director’s order (2) If a director makes an order under section 20 or 21, confirms or alters an order made by an inspector, is deemed to have made an order under section 34 or amends or revokes an order under section 22, the person to whom the order is directed may request a hearing by the Tribunal by serving a written notice of the request on the director and the Tribunal within 15 days after service of notice of the order or deemed service of the order. 2009, c. 31, s. 36 (2). Same, order of Chief Veterinarian for Ontario, etc. (3) If the Chief Veterinarian for Ontario or Deputy Chief Veterinarian for Ontario makes, amends or revokes…

• 36.
• 37No automatic stay

  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 …

• 37.
• 38Powers of Tribunal

  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.

• 38.
• [s50]

  Administrative Penalties

• [s51]
• 39Administrative penalties, 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.

• 39.
• 40Administrative penalties, director

  40 (1) A director may, subject to the regulations, issue a notice in writing requiring a person to pay an administrative penalty in the amount set out in the notice if, (a) the director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order made under this Act or has failed to comply with a condition of a licence, certificate, registration or permit; and (b) the contravention or failure is not one in respect of which an inspector is authorized by the regulations to issue a notice requiring the person to pay an administrative penalty. 2009, c. 31, s. 40 (1). Same, inspector (2) An inspector shall, subject to the regulations, issue a notice in writing requiring a person to pay an administrative penalty in the amount set out in the notice if, (a) the inspector is of the opinion that the person has contravened a provisio…

• 40.
• [s53]

  Investigations

• [s54]
• 41Searches with respect to offences

  41 (1) On application without notice, a justice may issue a warrant authorizing an inspector to use any investigative technique or procedure or to do anything described in the warrant if the justice is satisfied by information under oath that there are reasonable grounds to believe that an offence under this Act has been, is being, or will be committed, and that evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing. 2009, c. 31, s. 41 (1). Assistance (2) The warrant may authorize any person specified in the warrant to accompany and assist the inspector in the execution of the warrant. 2009, c. 31, s. 41 (2). Terms and conditions of warrant (3) The warrant shall authorize the inspector to enter and search the premises or conveyance for which the warrant was issued and, without limiting the powers of the justice under subse…

• 41.
• 42Seizure and forfeiture

  42 (1) An inspector who is lawfully at or in a premises or in or on a conveyance may, without a warrant, seize any thing that he or she has reasonable grounds to believe, (a) has been obtained by the commission of an offence under this Act; (b) has been or will be used in the commission of an offence under this Act; (c) will afford evidence of the commission of an offence under this Act; or (d) is intermixed with a thing referred to in clause (a), (b) or (c). 2009, c. 31, s. 42 (1). Presence pursuant to warrant (2) If the inspector is in the premises or on or in the conveyance pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant. 2009, c. 31, s. 42 (2). Safekeeping (3) An inspector shall deliver any thing that he or she seizes to a person authorized by the Minister for safekeeping. 2009, c. 31, s. 42 (3). Leaving with owner or person i…

• 42.
• 43Incidental authority to pass through

  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.

• 43.
• 44Exemptions from Act, inspectors

  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.

• 44.
• [s58]

  Offences and Penalties

• [s59]
• 45Obstruction prohibited

  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.

• 45.
• 46False information

  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).

• 46.
• 47Refusal to furnish information

  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.

• 47.
• 48Offences

  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 a…

• 48.
• 49Individuals

  49 (1) An individual convicted of an offence under this Act is liable to, (a) on a first conviction, a fine of not less than $1,000 and not more than $15,000 for each day on which the offence occurs or continues; and (b) on each subsequent conviction, (i) a fine of not less than $2,000 and not more than $30,000 for each day on which the offence occurs or continues, (ii) imprisonment for a term of not more than one year, or (iii) both a fine under subclause (i) and imprisonment under subclause (ii). 2009, c. 31, s. 49 (1). Corporations (2) A corporation convicted of an offence under this Act is liable to, (a) on a first conviction, a fine of not less than $1,000 and not more than $30,000 for each day on which the offence occurs or continues; and (b) on each subsequent conviction, a fine of not less than $2,000 and not more than $60,000 for each day on which the offence occurs or continues…

• 49.
• 50Penalty re monetary benefit

  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.

• 50.
• [s65]

  Other Matters

• [s66]
• 51Service

  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 …

• 51.
• 52Definition

  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, …

• 52.
• 53Service on corporations

  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 bein…

• 53.
• 54Protection from personal liability

  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 wit…

• 54.
• 55Official documents

  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 …

• 55.
• 56Electronic signature

  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).

• 56.
• 57Joint and several liability

  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

• 57.
• 58Orders, intermediate action, etc.

  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 …

• 58.
• 59Administrative changes to instruments

  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.

• 59.
• 60Sections bind the Crown

  60 Sections 7, 8, 13, 14, 15 and 16 of this Act bind the Crown. 2009, c. 31, s. 60.

• 60.
• 61Binding successors, assigns, etc.

  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, a…

• 61.
• 62Conflict

  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.

• 62.
• [s78]

  Regulations Regulations, Lieutenant Governor in Council

• [s79]
• 63Same, general

  63 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing anything that is required or permitted to be prescribed, referred to as being prescribed or in the regulations or that is required, permitted or referred to as being done in the regulations, in accordance with the regulations or by the regulations; (b) defining words and expressions that are used in this Act that are not expressly defined in this Act; (c) respecting the destruction and disposal of animals, animal products, animal by-products, inputs, fomites, vectors, waste material and any other thing; (d) respecting the qualifications of any person or class of persons carrying out activities under this Act; (e) prohibiting the sale or the transfer of ownership or custody of an animal, animal product, animal by-product, input, fomite, waste material and any other thing where a hazard may be present in it, co…

• 63.
• 64Same, hazards and reporting of incidents

  64 (1) The Minister may make regulations, (a) governing reportable hazards, including, (i) specifying a hazard or a class of hazards as a reportable hazard, (ii) requiring the reporting of a reportable hazard, prescribing the persons or classes of persons who are required to make such reports, prescribing the persons to whom such reports are to be made and prescribing the information to be provided, (iii) specifying the manner and time in which reports of a reportable hazard shall be made, and (iv) respecting any action that must be taken, including imposing conditions, with respect to the reporting of a reportable hazard or requiring any person to protect and preserve the animal, the carcass of a dead animal and any diagnostic or other material relating to an animal, animal product, animal by-product, input, fomite, vector, waste material or any other thing; (b) governing immediately no…

• 64.
• 65General or particular in its application

  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…

• 65.
• 66Regulations, transition

  66 (1) The Lieutenant Governor in Council may make regulations, (a) in respect of transitional matters; (b) providing for transitional matters, (i) to facilitate the implementation of this Act or any provision of this Act, or (ii) to deal with problems or issues arising as a result of the enactment of this Act and the repeal of the Bees Act, the Livestock Community Sales Act and the Livestock Medicines Act. 2009, c. 31, s. 66 (1). Conflicts (2) If there is a conflict between a regulation under this section and any other regulation, the regulation under this section prevails. 2009, c. 31, s. 66 (2). Regulation general or specific (3) A regulation made under this section may be general or specific in its application. 2009, c. 31, s. 66 (3).

• 66.
• 67

  67 (1), (5)-(13) Omitted (provides for amendments to this Act). 2009, c. 31, s. 67. (2)-(4) Repealed: 2019, c. 14, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 10 - 10/12/19

• 67.
• 68-71

  68-71 Omitted (amends, repeals or revokes other legislation). 2009, c. 31, ss. 68-71.

• 68.-74
• 72-74

  72-74 Repealed: 2019, c. 14, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 10 - 10/12/19

• 75

  75 Omitted (provides for coming into force of provisions of this Act). 2009, c. 31, s. 75; 2019, c. 14, Sched. 3, s. 11. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 3, s. 11 (1-3) - 10/12/19

• 76

  76 Omitted (enacts short title of this Act). 2009, c. 31, s. 76. ______________