Keep in Care Order (Appeal)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-07-08
CLNP Page ID:	2388
Page Categories:	[Animal Control (POA & ACRB)]
Citation:	Keep in Care Order (Appeal), CLNP 2388, <https://rvt.link/c7>, retrieved on 2024-07-08
Editor:	Sharvey
Last Updated:	2024/07/03

Provincial Animal Welfare Services Act, 2019

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).

(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).

(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, s. 38 (3).

(4) An owner or custodian of an animal that has been kept in or taken into the Chief Animal Welfare Inspector’s care may apply to the Board by notice in writing to have the animal returned if the conditions that caused the animal to be kept in or taken into the Chief Animal Welfare Inspector’s care have ceased to exist. 2023, c. 12, Sched. 6, s. 10 (2).

(5) A notice to the Board must set out the remedy or action sought and the grounds for the appeal or application. 2019, c. 13, s. 38 (5); 2023, c. 12, Sched. 6, s. 10 (3).

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(9) After a hearing, the Board may do one or more of the following:

1. Confirm, revoke or modify an order made under section 30.

2. Order that an animal removed under subsection 31 (1) or (2), or that was taken into the Chief Animal Welfare Inspector’s care under subsection 31 (6) or 44 (8), be returned to the owner or custodian.

3. By order, revoke a statement of account.

3.1 Confirm or vary a statement of account and order that the costs be paid, as confirmed or varied, to the Minister of Finance.

4. Order that the whole or any part of the cost to the owner or custodian of an animal of complying with an order made under section 30 be paid by the Minister to the owner or custodian.

5. Order that the whole or any part of any costs described in subsection 35 (1) in relation to an animal, including but not limited to the costs set out in subsection 35 (2), be paid by the owner or custodian of the animal to the Minister of Finance. 2019, c. 13, s. 38 (9); 2023, c. 12, Sched. 6, s. 10 (6, 7).

O. Reg. 447/19: MINISTERIAL PRESCRIPTIONS

1. (1) For the purposes of clause 35 (4) (a) of the Act, 15 business days is the prescribed period of time within which the owner or custodian must pay the stated amount. O. Reg. 447/19, s. 1 (1); O. Reg. 315/23, s. 2.

(2) For the purposes of clause 35 (4) (b) of the Act, 15 business days is the prescribed period of time within which the owner or custodian must pay the confirmed or varied amount. O. Reg. 447/19, s. 1 (2); O. Reg. 315/23, s. 2.

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3. For the purposes of subsection 38 (2) of the Act, 10 business days is the prescribed period of time for making an appeal to the Board. O. Reg. 315/23, s. 3.