Provincial Animal Welfare Services Act, 2019

Part I Interpretation

1 (1) In this Act, “accredited veterinary facility” means a veterinary facility as defined in the Veterinarians Act that is accredited under that Act; (“établissement vétérinaire agréé”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “accredited veterinary facility” in subsection 1 (1) of the Act is amended by striking out “Veterinarians Act that is accredited under that Act” at the end and substituting “Veterinary Professionals Act, 2024 for which a certificate of accreditation has been issued under that Act”. (See: 2024, c. 15, Sched. 1, s. 119 (1)) “administrative requirement” means an administrative requirement prescribed by the Lieutenant Governor in Council; (“exigence administrative”) “Board” means the Animal Care Review Board; (“Commission”) “business day” means a weekday, excluding a day that is a holiday; (“jour ouvrable”) “Chief Animal…

Part II Chief Animal Welfare Inspector

Chief Animal Welfare Inspector

2 (1) The Minister shall appoint a Chief Animal Welfare Inspector and may appoint one or more deputy Chief Animal Welfare Inspectors. Duties of the Chief Animal Welfare Inspector (2) The duties of the Chief Animal Welfare Inspector are as follows: 1. To appoint animal welfare inspectors. 2. To supervise, direct and control animal welfare inspectors in the performance of their duties and in the exercise of their powers. 3. To ensure that animal welfare inspectors receive appropriate training respecting their powers and duties. 4. To handle complaints about animal welfare inspectors other than the Chief Animal Welfare Inspector. 5. To arrange for the provision of necessaries to, and otherwise arrange for the care of, any animal in the Chief Animal Welfare Inspector’s care or otherwise in the possession of an animal welfare inspector. 6. To arrange for analyses in relation to the following:…

Minister

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…

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…

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 advisab…

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 …

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 i…

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; Note: On a day to be named by proclamation of…

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. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 14, s. 2)

14.1 Every person who satisfies such criteria as may be prescribed by the Lieutenant Governor in Council shall, in accordance with the regulations, keep such records as may be prescribed by the Lieutenant Governor in Council in respect of dogs. 2024, c. 14, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 14, s. 2 - not in force

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 expr…

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 (1) No person shall cause harm, or attempt to cause harm, to a service animal, whether or not the animal is working at the time of the harm. 2026, c. 7, Sched. 7, s. 1. Harming law enforcement animal (2) No person shall cause harm, or attempt to cause harm, to an animal that works with peace officers in the execution of their duties, whether or not the animal is working at the time of the harm. 2026, c. 7, Sched. 7, s. 1. Section Amendments with date in force (d/m/y) 2026, c. 7, Sched. 7, s. 1 - 02/06/2026

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. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 14, s. 3)

Prohibited Sale and Transfer of Dog

23.1 (1) No person shall sell or transfer a dog contrary to the regulations, if any, made by the Lieutenant Governor in Council. 2024, c. 14, s. 3. Definition, “transfer” (2) In this section, and in the regulations made for the purposes of this section, “transfer” includes offer for transfer and expose for transfer, but does not include a gift. 2024, c. 14, s. 3. Section Amendments with date in force (d/m/y) 2024, c. 14, s. 3 - not in force

Operation of Puppy Mills

23.2 (1) No person shall operate a puppy mill. 2024, c. 14, s. 4 (1). Operating a puppy mill (2) For the purposes of this section and section 23.3, a person operates a puppy mill if the person breeds dogs and does any of the following: 1. Failing to take appropriate action to address any severe matting, visible parasites or emaciation in each dog. 2. Failing to isolate a dog from other dogs or animals, including failing to ensure there is no contact with objects, including food and water containers, that are used by other dogs or animals, where there are reasonable grounds to believe that the dog is suffering from a contagious disease or is at high risk of developing a contagious disease, except in such circumstances as may be prescribed by the Lieutenant Governor in Council. 3. Failing to ensure that each dog’s environment is, i. kept sufficiently clean as to ensure that the dog is not …

23.3 (1) No person shall encourage, promote, arrange, assist in, receive a financial or material benefit for or take part in supporting the operation of a puppy mill, including but not limited to the following: 1. Providing a dog for the purposes of breeding to a person who is operating a puppy mill. 2. Making available for use by a person a premises at which the person is operating a puppy mill. 3. Doing anything that is prescribed by the Lieutenant Governor in Council for the purposes of this provision. 2024, c. 14, s. 5 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 23.3 (1) of the Act is amended by adding the following paragraph: (See: 2024, c. 14, s. 5 (2)) 4. Facilitating the sale or transfer to any person of a dog from a premises at which a person is operating a puppy mill, except as prescribed by the Lieutenant Governor in Council for the p…

Part V Protection of Animals

General Inspection Powers

24 (1) An animal welfare inspector may enter and inspect any place for the purpose of determining compliance with, (a) a condition in an authorization that is issued under section 20 or 21; (a.1) a prohibition under section 23.2 or 23.3; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 24 (1) (a.1) of the Act is amended by striking out “section 23.2 or 23.3” at the end and substituting “section 23.1, 23.2 or 23.3”. (See: 2024, c. 14, s. 6 (2)) (b) an order to relieve an animal’s distress under section 30; or (c) the standards of care or administrative requirements or the reasonable and generally accepted practices of agricultural animal care, management or husbandry, if the animals are kept for, (i) an entertainment, commercial, educational or charitable purpose, or (ii) a purpose prescribed by the Lieutenant Governor in Council related to sport. 2019, c. 13,…

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, …

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 purpose described in subsection 24 (1), demand that the owner or custodian of the animal respond to reasonable inquiries. 2024, c. 14, s. 7. 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 c…

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 ente…

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 offic…

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 wi…

31 (1) An animal welfare inspector may remove an animal from the place where it is and take possession of the animal for the purpose of relieving its distress if, (a) a veterinarian has advised the inspector in writing that relieving the animal’s distress necessitates its removal; (b) the inspector has inspected the animal and has reasonable grounds for believing that, (i) the animal is in distress and the owner or custodian of the animal is not present and cannot be found promptly, or (ii) the animal is in critical distress; or (c) an order respecting the animal has been made under section 30 and the order has not been complied with. 2019, c. 13, s. 31 (1); 2023, c. 12, Sched. 6, s. 5 (1-3). Taking possession, animal trained to or participating in fight (2) An animal welfare inspector may remove an animal from the place where it is and take possession of the animal if the inspector has …

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 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 owne…

Miscellaneous

35 (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). Costs (2) For the purposes of subsection (1), the costs may include but are not limited to the …

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 appoint…

38 (1) An owner or custodian of an animal may appeal any of the following to the Board: 1. An order from an animal welfare inspector. 2. A decision by an animal welfare inspector to remove an animal from a place. 3. A decision to keep an animal in or take an animal into the Chief Animal Welfare Inspector’s care. 4. A statement of account. 2023, c. 12, Sched. 6, s. 10 (1). Prescribed time to appeal (2) An appeal under subsection (1) shall be made by notice in writing and must be made within the prescribed period after being served the order, notice of decision or statement of account, as the case may be. 2023, c. 12, Sched. 6, s. 10 (1). Application for revocation of order (3) An owner or custodian of an animal who receives an order from an animal welfare inspector may apply to the Board by notice in writing to have the order revoked if the animal has ceased to be in distress. 2019, c. 13…

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 caus…

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 cont…

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 …

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 …

44 (1) An animal welfare inspector who is lawfully in any place may, without a warrant, seize any animal or 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 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). Presence pursuant to warrant (2) If the animal welfare inspector is in the place pursuant to a warrant, subsection (1) applies to any animal or thing, whether or not it is specified in the warrant. Safekeeping (3) An animal welfare inspector shall deliver any animal or thing that he or she seizes to a person authorized by the Chief Animal Welfare Inspector for safekeeping. Leaving with occupant (4) Despite subsection (3), an animal welfare inspector …

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…

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…

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

49 (1) Every person is guilty of an offence who, (a) contravenes, (i) section 13 (Standards of care and administrative requirements for animals), Note: On a day to be named by proclamation of the Lieutenant Governor, clause 49 (1) (a) of the Act is amended by adding the following subclause: (See: 2024, c. 14, s. 9 (1)) (i.1) section 14.1 (Record keeping), (ii) subsection 15 (3) (Exposure to undue risk of distress), (iii) section 20 (Restricted animal possession or breeding), (iv) section 21 (Prescribed activities), (v) section 22 (Prescribed procedures), (vi) section 23 (Prescribed items), (vii) section 26 (Assisting inspector during inspection), (viii) subsection 27 (6) (Subject of demand), (ix) subsection 30 (4) (Required compliance with order), (x) subsection 30 (6) (Change of ownership), (xi) subsection 30 (7) (Change of ongoing custody), or (xii) subsection 34 (7) (No obstruction); …

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

51 (1) If the Chief Animal Welfare Inspector believes that a person has contravened a condition of an authorization issued under section 20 (Restricted animal possession or breeding) or 21 (Prescribed activities) or has contravened a provision prescribed by the Lieutenant Governor in Council, the Chief Animal Welfare Inspector may issue a notice of contravention to the person setting out his or her belief and requiring the person to pay the administrative penalty prescribed for the contravention in question. Purposes of administrative penalty (2) The following are the purposes for which a person may be required to pay an administrative penalty under this section: 1. To encourage compliance with this Act and the regulations. 2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of this Act or the regulations. Amount of administra…

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 (1) 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. Application of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue Act (2) For the purposes of subsection (1), the Minister of Finance may take one or more of the measures described in section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to enforce the collection of the debt if the Minister, as defined in subsection 1 (1) of this Act, has entered into a memorandum of understanding under section 11.1 of the Ministry of Revenue Act for the Minister of Finance to provide collection services to the Ministry and to enforce the collection of the debt. 20…

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…

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 convic…

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 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…

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 Nation Officer, 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: 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, 71 (6); 2023, c. 12, Sched. 6, s. 13 Section Amendments with date in force (d/m/y)…

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

69 (1) The Lieutenant Governor in Council may make regulations, (a) respecting anything that, in this Act, may or must be prescribed by the Lieutenant Governor in Council or done by regulation made by the Lieutenant Governor in Council; (b) prescribing additional duties for the Chief Animal Welfare Inspector; (c) prescribing the nature of the information that may be disclosed under subsection 2 (7) by the Chief Animal Welfare Inspector or a designate, to whom it may be disclosed and the circumstances in which it may be disclosed; (d) prescribing standards of care for the purposes of this Act, including prescribing different standards in respect of different classes of animals, circumstances, conditions or activities; (e) prescribing administrative requirements for the purposes of this Act, including, but not limited to, (i) prescribing different administrative requirements in respect of …

PART XI Transition

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 immed…