Overview

To help keep Ontario’s animals safe from abuse and neglect, there are standards of care defined in the Provincial Animal Welfare Services (PAWS) Act. Following the standards is required by law.

Animal Welfare Services (AWS) enforces the PAWS Act and aims to promote the safety and well-being of Ontario’s animals. AWS is led by the chief animal welfare inspector. AWS’ inspectors are located across Ontario. Many specialize in care for livestock and horses as well as animals in zoos and aquariums.

Inspector powers

The PAWS Act gives inspectors specific powers to enforce the act. They educate animal owners on their obligations, carry out inspections, and conduct investigations. Inspectors must follow a code of conduct. The PAWS Act also provides police and First Nations officers with authority to enforce the act. When using their powers under the act, inspectors must do the following when asked:

  • identify themselves as an inspector
  • show identification
  • explain the purpose of their visit

General inspections

Entering a property

If an order has been made to relieve an animal’s distress, an inspector may enter and inspect any place, except a home, without a warrant to determine compliance with that order. Homes can include a house, an apartment, a trailer or a room in a dormitory.

If animals are kept for entertainment, commercial, educational or charitable purposes, an inspector may enter and inspect any place, except a home, without a warrant to determine compliance with:

  • standards of care
  • administrative requirements
  • accepted practices in agricultural animal care, management or husbandry

An inspector may only enter a home without a warrant if the occupant provides consent.

Conducting an inspection

If an inspector believes it will be relevant to an inspection, they may:

  • inspect any animal or thing
  • open anything such as a container, baggage, package or cage
  • conduct any test and take any measurement, specimen or sample
  • set up any equipment to take photographs or make other records such as video or sound
  • require that any animal, thing, document or data be made available
  • examine information on any computer or device and obtain a printout or other form of output, such as a video or sound recording
  • remove any documents or other things to make copies or to inspect them further
  • ask questions that are relevant to the inspection

When an animal is in distress or critical distress

An animal is in distress if it is:

  • in need of proper care, water, food or shelter
  • injured, sick, in pain, suffering
  • physically or psychologically abused
  • neglected

An inspector may enter and search any property if they believe an animal at that location is in distress. The inspector must have a warrant or the occupant’s consent.

Critical distress means without immediate help, the animal is at risk of serious injury or death. If an inspector believes an animal is in critical distress, they may:

  • enter any place, other than a home
  • enter a home without a warrant if they believe an animal will become seriously injured or die during the time it would take to get a warrant

Issuing orders

An inspector may order an owner or custodian to take any necessary action to relieve an animal’s distress. This could include:

  • making changes to the animal’s housing, feed or environment
  • having the animal examined and treated by a veterinarian at the expense of the owner or custodian

The written order must specify that the owner or custodian:

  • may appeal the order within 10 business days after receiving it
  • may apply to the Animal Care Review Board to revoke the order and include their reasons
  • must take action to relieve the animal’s distress by a deadline

An inspector may enter anywhere the animal is located, except a home, to check if the order is being followed. If the inspector believes the order has been followed, they will revoke it in writing.

Removing an animal in distress

An inspector may remove an animal to relieve its distress for the following reasons:

  • a veterinarian has advised in writing that the animal must be removed to relieve its distress
  • the inspector has inspected the animal and has reasonable grounds to believe:
    • the animal is in distress and its owner or custodian is not present and cannot be found promptly
    • the animal is in critical distress
  • the owner or custodian has not followed an inspector’s written order

An inspector may also remove an animal that is or will soon be involved in fighting or is being trained to fight. A removed animal will become the property of the Crown if the owner or custodian is not identified within a specified period.

Statement of account

There may be costs related to relieving an animal’s distress when it is removed. The chief animal welfare inspector may issue a statement of account to the owner or custodian for these costs. The owner or custodian is responsible for paying the specified amount unless the Animal Care Review Board orders otherwise. The animal will become the property of the Crown if the animal’s owner or custodian does not pay or appeal the statement of account by the stated deadline.

Keeping an animal in care

The chief animal welfare inspector may decide to keep an animal in care if:

  • it is necessary to relieve its distress
  • the animal would be placed in distress or trained to fight another animal if it is returned

Euthanizing an animal

An inspector may cause an animal to be euthanized. The owner must provide consent or a veterinarian must advise in writing that it is the most humane course of action.

Enforcement and investigation

An investigation may be carried out if there are grounds to suspect that an offence may have taken place. During an investigation, evidence may be collected for use in court in the future.

Warrants

An inspector may apply for a search warrant to investigate an offence. However, there are times when an inspector may enter and search any place, except a home, without a warrant.

This can only be done if they reasonably believe that evidence will be lost, removed or destroyed in the time needed to get a warrant. The warrant may allow the use of any investigative technique or procedure if it is reasonably believed that:

  • an offence under the act has been or is being committed
  • using this technique or procedure will obtain evidence regarding the offence

Production orders

A production order requires a person, other than a person being investigated for an offence, to produce or prepare documents or data and give them to an inspector.

Seizure

An inspector may seize a thing or animal without a warrant if they reasonably believe that it:

  • has been obtained by or used in an offence committed under the PAWS Act
  • will provide evidence of an offence committed under the PAWS Act

Identification

An inspector can require a person to provide their name and address. The inspector must have reasonable grounds to believe that the person has committed, is committing, or is about to commit certain major offences specified in the act.

Police assistance and use of force

An inspector and any police officers called to assist may use reasonably necessary force to exercise their investigation powers.

Appeals and complaints

Appealing an order or decision

An animal’s owner or custodian can make an appeal to the Animal Care Review Board within 10 business days after being served an order, notice of decision or statement of account. Learn how to make an appeal.

Making a complaint about an inspector

Anyone may make a written complaint about an inspector’s conduct. Learn about the complaints process.

Offences and penalties

The PAWS Act sets out minor offences (with lesser penalties) and major offences (with larger penalties). Violating the act can result in sentences such as:

  • up to two years in jail
  • fines of up to $130,000 against an individual on a first offence, or up to $500,000 against a corporation on a first offence
  • lifetime ban on animal ownership

The court will determine the appropriate penalty in a particular case.

Examples of minor offences

  • not meeting the standards of care
  • exposing an animal to risk of distress
  • failing to assist an inspector during an inspection
  • making a false report to an inspector

Examples of major offences

  • causing or permitting distress
  • harming law enforcement or a service animal
  • animal fighting
  • possessing or breeding a prohibited animal