In-Care - Re: Definition (POA)

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

2 (1) The Minister shall appoint a Chief Animal Welfare Inspector and may appoint one or more deputy Chief Animal Welfare Inspectors.

(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:

i. The management or allocation of resources related to this Act.

ii. The delivery of programs and services related to this Act.

iii. The evaluation of programs and services related to this Act.

7. To perform such other duties as are assigned to him or her by or under this or any other Act, including any duties prescribed by the Lieutenant Governor in Council.

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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.

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(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.

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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).

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(7) Any animal or thing seized and not forfeited under this section shall be returned to the person from whom it was seized if,

(a) a charge is not laid at the conclusion of the investigation; or

(b) a charge is laid but, when the charge is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn.

(8) Despite subsection (7), if the Chief Animal Welfare Inspector has reasonable grounds to believe that the animal may be placed in distress or trained to fight another animal if returned to its owner or custodian,

(a) the Chief Animal Welfare Inspector may decide to take the animal into the Chief Animal Welfare Inspector’s care; and

(b) the notice provisions in subsections 31 (7) and (8) apply, with necessary modifications.