Powers of Police, Veterinarians, Etc. - Re: Seizure of an Animal

From Riverview Legal Group


Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13

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 providing it with necessaries to relieve its distress if,

(a) a veterinarian has advised the inspector in writing that alleviating the animal’s distress necessitates its removal;
(b) the inspector has inspected the animal and has reasonable grounds for believing that the animal is in distress and the owner or custodian of the animal is not present and cannot be found promptly; or
(c) an order respecting the animal has been made under section 30 and the order has not been complied with.
...
(6) The Chief Animal Welfare Inspector may decide to keep an animal that was removed under subsection (1) or (2) in the Chief Animal Welfare Inspector’s care if,
(a) the Chief Animal Welfare Inspector determines it is necessary to relieve the animal’s distress; or
(b) the Chief Animal Welfare Inspector has reasonable grounds to believe that,
(i) the animal may be placed in distress if returned to its owner or custodian, or
(ii) the animal may be trained to fight another animal if returned to its owner or custodian.
(7) The Chief Animal Welfare Inspector shall immediately serve written notice of his or her decision to keep an animal in the Chief Animal Welfare Inspector’s care in accordance with subsection (6) on the owner or custodian of the animal, if known.
(8) A notice to an owner or custodian of an animal required by this section shall have printed or written on it the content of subsections 38 (1), (4) and (5).
...

60 (1) Subject to the regulations, a police officer or First Nations Constable may exercise the powers of an animal welfare inspector under sections 28, 29, 31, 32, 33, 41, 42, 43, 44, 47 and 48.

(2) A chief of police, or person who is in charge of a group of First Nations Constables, shall report as prescribed to the Chief Animal Welfare Inspector regarding the exercise of powers described in subsection (1) by police officers or First Nations Constables who are under that person’s direction.
(3) A police officer or First Nations Constable who exercises the power in section 31 to take possession of an animal shall promptly notify an animal welfare inspector.
(4) The animal welfare inspector who is notified under subsection (3) shall inspect the animal and determine whether to take possession of it pursuant to section 31.


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References

  1. Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13, <https://www.ontario.ca/laws/statute/19p13#BK4>, reterived 2021-09-03