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Ontario Society for the Prevention of Cruelty to Animals Act

ONTARIO REGULATION 59/09

general

Historical version for the period May 17, 2019 to June 26, 2019.

Last amendment: 101/19.

Legislative History: 8/10; 101/19.

This is the English version of a bilingual regulation.

Additional powers and duties of Chief Inspector

1. (1) The Chief Inspector of the Society shall,

(a) establish standards for inspectors and agents of the Society in the performance of their functions; and

(b) generally oversee inspectors and agents of the Society in the performance of their functions. O. Reg. 101/19, s. 1 (1).

(2) The Chief Inspector of the Society shall appoint inspectors and agents of the Society and may revoke any such appointment.  O. Reg. 59/09, s. 1 (2).

(3) For greater certainty, the Chief Inspector does not have the powers and duties set out in this section in respect of inspectors or agents of an affiliated society who have been appointed by the Society or by the Chief Inspector under subsection 11 (2) of the Act. O. Reg. 101/19, s. 1 (2).

Inspectors or agents of affiliated societies

1.1 (1) An affiliated society may make a written request to the Chief Inspector of the Society to request that one of its employees be appointed as an inspector or agent for the purposes of subsection 11 (2) of the Act. O. Reg. 101/19, s. 2.

(2) The written request must include,

(a) a description of the employee’s qualifications to perform the functions of an inspector or agent under the Act; and

(b) a copy of the results of a criminal record check of the employee that was conducted within the previous 12 months. O. Reg. 101/19, s. 2.

(3) The Chief Inspector shall make the appointment within 15 business days after receiving the request, subject to subsection (4). O. Reg. 101/19, s. 2.

(4) The Chief Inspector may decline to make the appointment if he or she determines that the employee would be incapable of performing the functions of an inspector or agent under the Act and delivers written reasons for the decision to the affiliated society and the employee before the end of the 15-day period. O. Reg. 101/19, s. 2.

(5) The Chief Inspector may revoke the appointment of an inspector or agent of an affiliated society who has been appointed by the Society or by the Chief Inspector if the individual ceases to be an employee of the affiliated society or if,

(a) the Chief Inspector determines that the individual is incapable of performing the functions of an inspector or agent under the Act;

(b) the Chief Inspector gives the individual and the affiliated society notice in writing of the proposed revocation;

(c) the individual and the affiliated society are given an opportunity to respond to the proposal, orally or in writing, as they determine; and

(d) the Chief Inspector provides written reasons for the revocation to the individual and to the affiliated society. O. Reg. 101/19, s. 2.

(6) For greater certainty, the written requests and written reasons described in this section may be made, delivered or provided in an electronic form. O. Reg. 101/19, s. 2.

Society etc. deemed owner of animal with unknown owner, custodian — prescribed period

2. For the purpose of section 15.1 of the Act, the Society or affiliated society is deemed to be the owner of an animal if no person is identified as the animal’s owner or custodian within three business days after the day the Society or affiliated society took custody of the animal.  O. Reg. 59/09, s. 2.

Forms

3. (1) An information to obtain a warrant under subsection 12 (1) of the Act shall be in Form 1.  O. Reg. 59/09, s. 3 (1).

(2) A warrant issued under subsection 12 (1) of the Act shall be in Form 2.  O. Reg. 59/09, s. 3 (2).

(3) An information to obtain a warrant to enter and inspect premises under subsection 11.5 (1) of the Act shall be in Form 3.  O. Reg. 59/09, s. 3 (3); O. Reg. 8/10, s. 1 (1).

(4) A warrant to enter and inspect premises issued under subsection 11.5 (1) of the Act shall be in Form 4.  O. Reg. 59/09, s. 3 (4); O. Reg. 8/10, s. 1 (2).

(5) An information to obtain a telewarrant under subsection 12 (2) of the Act shall be in Form 5.  O. Reg. 59/09, s. 3 (5).

(6) A telewarrant authorizing entry and inspection of premises issued under subsection 12 (2) of the Act shall be in Form 6.  O. Reg. 59/09, s. 3 (6).

(6.1) An information to obtain a telewarrant to enter and inspect premises under subsection 11.5 (1.1) of the Act shall be in Form 6.1.  O. Reg. 8/10, s. 1 (3).

(6.2) A telewarrant to enter and inspect premises issued under subsection 11.5 (1.1) of the Act shall be in Form 6.2.  O. Reg. 8/10, s. 1 (3). 

(7) An information under subsection 14 (1.1) of the Act for an order to keep an animal removed under subsection 14 (1) of the Act shall be in Form 7.  O. Reg. 59/09, s. 3 (7).

(8) An order under subsection 14 (1.1) of the Act to keep an animal removed under subsection 14 (1) of the Act shall be in Form 8.  O. Reg. 59/09, s. 3 (8).

(9) An order under subsection 14 (1.4) of the Act to return an animal removed under subsection 14 (1) of the Act shall be in Form 9.  O. Reg. 59/09, s. 3 (9).

(10) The Forms prescribed by subsections (1) to (9) are the forms described in the Table to this section and available from the Government of Ontario Central Forms Site website.  O. Reg. 59/09, s. 3 (10).

Table

 

Form Number

Form Name

Date of Form

1

Information to Obtain Warrant (Animal in Distress)

March 2009

2

Warrant (Animal in Distress)

March 2009

3

Information to Obtain Warrant (Enter and Inspect)

January 2010

4

Warrant (Enter and Inspect)

January 2010

5

Information to Obtain Telewarrant (Animal in Distress)

March 2009

6

Telewarrant (Animal in Distress)

March 2009

6.1

Information to Obtain Telewarrant (Enter and Inspect)

January 2010

6.2

Telewarrant (Enter and Inspect)

January 2010

7

Information to Obtain Order to Keep Animal

January 2010

8

Order to Keep Animal

January 2010

9

Order to Return Animal

March 2009

O. Reg. 59/09, s. 3, Table; O. Reg. 8/10, s. 2.

4. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 59/09, s. 4.