O. Reg. 445/19: CODE OF CONDUCT

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ontario regulation 445/19

made under the

Provincial Animal Welfare Services Act, 2019

Made: December 10, 2019
Filed: December 17, 2019
Published on e-Laws: December 17, 2019
Printed in The Ontario Gazette: January 4, 2020

Code of Conduct

Application and Interpretation

Application

1. This Regulation sets out the code of conduct with which every animal welfare inspector must comply.

Interpretation

2. In this Regulation,

“confidential information” means,

(a) information obtained in the performance or attempted performance of an animal welfare inspector’s functions that relates to a particular person, animal or place, or

(b) other information identified by the Chief Animal Welfare Inspector as confidential; (“renseignements confidentiels”)

“related person” means any person who has one of the following relationships to the animal welfare inspector or to the spouse of the animal welfare inspector:

1. A child or the spouse of a child.

2. A grandchild or the spouse of a grandchild.

3. A parent or the spouse of a parent.

4. A grandparent or the spouse of a grandparent.

5. A sibling or the spouse of a sibling; (“personne physique liée”)

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. (“conjoint”)

No contravention if causation could not be reasonably known

3. (1) An act or omission of an animal welfare inspector does not contravene this code of conduct if the inspector could not reasonably have known that the act or omission would cause the contravention.

(2) Every animal welfare inspector is deemed to be aware of the contents of this code of conduct for the purposes of applying subsection (1).

General Requirements

Act and regulations

4. An animal welfare inspector shall comply with the Act and the regulations made under the Act.

Conditions or limitations of appointment

5. An animal welfare inspector shall comply with any conditions or limitations that apply to the inspector’s appointment.

Directions

6. An animal welfare inspector shall comply with any direction from the Chief Animal Welfare Inspector.

Conflicts of interest and preferential treatment

7. (1) An animal welfare inspector shall not use or attempt to use his or her appointment as an inspector to directly or indirectly benefit himself, herself or a related person.

(2) An animal welfare inspector shall not, in the performance of the inspector’s functions, give preferential treatment to any person or entity.

Confidentiality

8. An animal welfare inspector shall not disclose confidential information unless the inspector is authorized to do so by the Chief Animal Welfare Inspector or is required to do so by law.

Gifts

9. (1)  An animal welfare inspector shall not accept a gift in relation to the performance of the inspector’s functions.

(2)  Subsection (1) does not apply if,

(a) the gift is of nominal value;

(b) the gift is given as an expression of courtesy or hospitality;

(c) accepting the gift is reasonable in the circumstances; and

(d) the animal welfare inspector promptly reports the gift to the Chief Animal Welfare Inspector.

No undermining of public confidence

10. An animal welfare inspector shall not act in a manner that undermines, or is likely to undermine, public confidence in the administration of the Act.

Functions as an Inspector

Distress

11. (1) An animal welfare inspector shall not cause or permit an animal in the inspector’s care to be in distress in the course of performing the functions of an inspector.

(2) An animal welfare inspector shall not cause an animal in the inspector’s care to be exposed to an undue risk of distress in the course of performing the functions of an inspector.

Rights and professionalism

12. (1) An animal welfare inspector shall not treat any person in a manner that would contravene the Human Rights Code in the course of performing the functions of an inspector.

(2) An animal welfare inspector shall not violate the rights of any person under the Canadian Charter of Rights and Freedoms in the course of performing the functions of an inspector.

(3) An animal welfare inspector shall not use insulting language with any person, or otherwise treat any person in a manner that is abusive or unprofessional, in the course of performing the functions of an inspector.

Identification

13. An animal welfare inspector who exercises a power under the Act shall, on request, identify himself or herself as an inspector, produce identification and explain the purpose of the exercise of the power.

Use of force

14. (1) An animal welfare inspector shall not use force in the performance of the inspector’s functions except as authorized by law.

(2) An animal welfare inspector shall not use more force than is reasonably necessary in the performance of the inspector’s functions.

Inspection or search

15. An animal welfare inspector shall not conduct an inspection or search except as authorized by law.

Impairment

16. An animal welfare inspector shall not perform or attempt to perform the inspector’s functions while impaired, whether through the consumption of drugs or alcohol or otherwise.

Commencement

Commencement

17. This Regulation comes into force on the later of the day subsection 7 (1) of the Act comes into force and the day this Regulation is filed.

Made by:
Pris par :

La solliciteure générale,

Sylvia Jones

Solicitor General

Date made: December 10, 2019
Pris le : 10 décembre 2019

 

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