Talk:Animal in Distress - By Veterinarian Advice (Re:Taking Possession of)

Commentary

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

1 (1) In this Act,

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“critical distress” means distress that requires immediate intervention in order to prevent serious injury or to preserve life; (“détresse critique”)

“distress” means the state of being,

(a) in need of proper care, water, food or shelter,

(b) injured, sick, in pain or suffering, or

(c) abused or subject to undue physical or psychological hardship, privation or neglect; (“détresse”)

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15 (1) No person shall cause an animal to be in distress.

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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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(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).

Comments

• When reading 31 (1), (a) and, (b) together it appears that (a) should only be applied if the owner is in someway unable to remediate the situation on their own, or in a reasonable time.

Disenting

• Geddes v Chief Animal Welfare Inspector, 2022 ONACRB 23 (CanLII), <https://canlii.ca/t/jr9zj>, retrieved on 2024-02-15
• Sauer v. Chief Animal Welfare Inspector, 2023 ONACRB 57 (CanLII), <https://canlii.ca/t/k0j5v>, retrieved on 2024-02-15
• Flaro v. Chief Animal Welfare Inspector, 2022 ONACRB 5 (CanLII), <https://canlii.ca/t/jlwgp>, retrieved on 2024-02-15

Procedual Fairness (Sufficient Particulars)

• Kamstra v Chief Animal Welfare Inspector 2021 ONACRB 8, 2021 ONACRB 8 (CanLII), <https://canlii.ca/t/jfqm1>, retrieved on 2024-02-15