Safekeeping - Re: Definition (POA)

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

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).

(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.

(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.

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(6) An animal welfare inspector who has seized an animal or thing under this section shall comply with the requirements of section 158.2 of the Provincial Offences Act.

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a charge is laid but, when the charge is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn.

Animal Health Act, 2009, S.O. 2009, c. 31

Seizure 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 in charge

(4) Despite subsection (3), an inspector may leave a thing that he or she seizes in the custody of the owner or person in charge of the premises or conveyance where it was seized. 2009, c. 31, s. 42 (4).

Owner or person in charge to safeguard

(5) If any thing is left in the custody of an owner or person in charge under subsection (4), the owner or person in charge shall safeguard the thing until,

(a) an inspector removes the thing;

(b) the owner or person in charge is notified by an inspector that the investigation has concluded and that a charge will not be laid; or

(c) the defendant is acquitted or the charge is dismissed or withdrawn, if a charge is laid and the charge is finally disposed of. 2009, c. 31, s. 42 (5).

Thing taken before justice

(6) Subsections (3) and (4) do not apply to a thing that is required to be carried before a justice by a search warrant issued under Part VIII of the Provincial Offences Act. 2009, c. 31, s. 42 (6).

Return of seized things

(7) Any 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. 2009, c. 31, s. 42 (7).