O. Reg. 14/20: TELEWARRANTSSkip to content
|current||February 14, 2020 – (e-Laws currency date)|
Provincial Animal Welfare Services Act, 2019
Consolidation Period: From February 14, 2020 to the e-Laws currency date.
This is the English version of a bilingual regulation.
Submission of information
1. (1) If an animal welfare inspector believes that it would be impracticable to appear personally before a justice to apply for a warrant under section 24 or 28 of the Act, the animal welfare inspector may submit an information on oath, by a means of telecommunication that produces a writing, to a justice designated for the purpose by the Chief Justice of the Ontario Court of Justice.
(2) A justice who receives an information submitted under subsection (1) shall, as soon as practicable,
(a) certify the time and date of receipt on the information; and
(b) file the information with the clerk of the court.
(3) An animal welfare inspector who submits an information under subsection (1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief, and the statement is deemed to be made under oath.
(4) An information submitted under subsection (1) shall include,
(a) a statement of the circumstances that make it impracticable for the animal welfare inspector to appear personally before a justice;
(b) a statement of the animal welfare inspector’s grounds for believing that a warrant should be issued under section 24 or 28 of the Act; and
(c) a statement as to any prior application for a warrant under section 24 or 28 of the Act, in respect of the same matter, of which the animal welfare inspector has knowledge.
Issuance of warrant
2. (1) A justice to whom an information is submitted under subsection 1 (1) may, if the conditions set out in subsection (2) of this section are met, issue a warrant to an animal welfare inspector conferring the same authority to enter and inspect as may be conferred by a warrant issued under subsection 24 (4) of the Act or the same power to enter and search as may be conferred by a warrant issued under subsection 28 (2) of the Act, as applicable.
(2) To issue a warrant, the justice must be satisfied that the information,
(a) discloses reasonable grounds for dispensing with an information presented personally; and
(b) discloses reasonable grounds for the issuance of a warrant in accordance with subsection 24 (4) or 28 (2) of the Act, as applicable.
(3) A justice who issues a warrant in accordance with this section shall,
(a) complete and sign the warrant, noting on its face the time, date and place of issuance;
(b) transmit the warrant by the means of telecommunication to the animal welfare inspector who submitted the information; and
(c) as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court.
(4) The copy of the warrant that is transmitted to the animal welfare inspector, and any copies that are made from the transmitted copy, have the same effect as the original for all purposes.
Proof of authorization
3. (1) In any proceeding in which it is material for a court or a tribunal to be satisfied that an inspection was authorized by a warrant issued under subsection 24 (7) of the Act or that a search was authorized by a warrant issued under subsection 28 (5) of the Act, the warrant or the related information shall be produced and the court or tribunal shall verify,
(a) in the case of the warrant, that it is signed by the justice and bears on its face a notation of the time, date and place of issuance;
(b) in the case of the related information, that it is certified by the justice as to time and date of receipt.
(2) If the warrant or related information is not produced or if the matters set out in clause (1) (a) or (b) cannot be verified, it shall be presumed, in the absence of evidence to the contrary, that the inspection or search was not authorized by a warrant issued under subsection 24 (7) or 28 (5) of the Act.
4. Omitted (provides for coming into force of provisions of this Regulation).