Animal Welfare Services

Animal Welfare Services (AWS), within the Ministry of the Solicitor General, is responsible for enforcing the Provincial Animal Welfare Services Act, 2019 (PAWS Act), and Regulations made under it

The Chief Animal Welfare Inspector and Provincial animal welfare inspectors, including inspectors with specialized expertise in livestock, zoos, aquariums, and equines, carry out inspections, respond to complaints, conduct investigations, and provide outreach and education on animal care best practices in Ontario. Provincial inspectors also follow a standard code of conduct.

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Appeals

Under section 30(1) of the PAWS Act, an animal welfare inspector who has reason to believe that an animal is in distress and who is able to find the owner or custodian of the animal may order the owner or custodian to take action to relieve the animal of its distress. This may include having the animal examined and treated by a veterinarian at the expense of the owner or custodian.

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, pursuant to s. 31, if:

• a veterinarian has advised the inspector in writing that it is necessary to alleviate the animal’s distress
• 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
• an order respecting the animal has been made under section 30 and the order has not been complied with
• the inspector has reasonable grounds to believe that an animal is being trained to fight, or is participating or will soon participate in fighting another animal

Under s. 38 of the PAWS Act, the owner or custodian of the animal can appeal the following orders from the animal welfare inspector by providing written notice to the Animal Care Review Board (ACRB) 10 business days after being served:

• orders
• removal of animal/animals
• decisions to keep an animal in the Chief Animal Welfare Inspector’s care
• statements of account served by the Chief Animal Welfare Inspector

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The role of the ACRB

The ACRB resolves disputes and conducts hearings regarding animal welfare, including hearing appeals of orders and decisions of animal welfare inspectors and decisions of the Chief Animal Welfare Inspector.

Under section 38(9) of the PAWS Act, after a hearing, the ACRB can:

• confirm, revoke or modify an order issued by an animal welfare inspector
• order that an animal removed by an animal welfare inspector or that was taken into the Chief Animal Welfare Inspector’s care be returned to the owner or custodian
• confirm, revoke or vary a statement of account served by the Chief Animal Welfare Inspector
• order that the whole or any part of the cost to the owner or custodian of an animal of complying with an order be paid by the Minister to the owner or custodian
• order that the whole or any part of the cost to the Chief Animal Welfare Inspector of providing necessaries to an animal pursuant to its removal or the determination to keep an animal in the Chief Animal Welfare Inspector’s care, be paid by the owner or custodian of the animal to the Minister of Finance

Language services

The ACRB’s documents and forms are available in both French and English. ACRB proceedings can be conducted in English, French or both languages. If your appeal is filed in French, a bilingual adjudicator will be assigned to your hearing. If you filed in English but would prefer to continue in French, please advise the ACRB as soon as possible.

Tribunals Ontario is committed to ensuring that French language services are clearly visible, easily accessible, publicized and of equivalent quality to services offered in English. Information is available in the Tribunals Ontario French Language Services Policy . All correspondence submitted to the ACRB must be in English or French.

If a party or a witness requires an interpreter in a language other than English or French in order to effectively participate in a proceeding, the party shall notify the ACRB not less than 14 days before the hearing or case conference, and the ACRB will either arrange for an interpreter at the expense of the party or approve the use of an interpreter of the party’s choosing at the expense of the party.

Types of appeals and applications

The owner or custodian of an animal may appeal the following to the Animal Care Review Board (ACRB):

• compliance orders (s. 38(1)1)
• removal orders (s. 38(1)2)
• decisions to keep an animal in the Chief Animal Welfare Inspector’s care (s. 38(1)3)
• statements of account (s. 38(2))

The owner or custodian of an animal may file an application at the ACRB for:

• revocation of an order: return of an animal(s) on the basis that the animal(s) has ceased to be in distress (s. 38(3))
• revocation of determination: return of an animal(s) on the basis that the conditions that caused the animal to be kept in the Chief Animal Welfare Inspector’s care have ceased to exist (s. 38(4))

Your right to appeal/apply to the ACRB will be clearly indicated in the Order or Notice that you will receive from the animal welfare inspector.

Appeal rights and other matters are set out in the Provincial Animal Welfare Services Act, 2019 (PAWS Act). Appeals must be made to the ACRB in writing.

Every order, decision, or separate statement of account must be appealed separately. Appealing one of these does not mean you are appealing other orders or decisions you may receive.

Appeal of an order

Under section 30(1) of the PAWS Act, an animal welfare inspector who has reasonable grounds to believe that an animal is in distress and who is able to promptly find the owner or custodian of the animal may order the owner or custodian to take such action as may, in the opinion of the inspector, be necessary to relieve the animal of its distress. This may include having the animal examined and treated by a veterinarian at the expense of the owner or custodian.

Under s. 38(1)1 of the PAWS Act, the owner or custodian of the animal may appeal the order by providing written notice to the ACRB within 10 business days after receiving the order.

Appeal of the removal of an animal (decision by an animal welfare inspector to remove an animal)

Under section 31(1) of the PAWS Act, an animal welfare inspector may remove an animal from the place where it is and take possession of the animal for the following reasons:

• where a veterinarian has advised the inspector in writing that relieving the animal’s distress necessitates its removal
• where 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
• where an order respecting the animal has been made under section 30 and the order has not been complied with

Under s. 38(1)2 of the PAWS Act, the owner or custodian of the animal may appeal the removal by providing written notice to the ACRB within 10 business days after receiving the notice.

Appeal of a decision to keep (decision by the chief animal welfare inspector to keep an animal in care)

Under section 31(6) of the PAWS Act, the Chief Animal Welfare Inspector may decide to keep an animal that was removed if it is necessary to relieve the animal’s distress or the Chief Animal Welfare Inspector has reasonable grounds to believe that the animal may be placed in distress or trained to fight another animal if returned to its owner or custodian.

Under s. 38(1)3 of the PAWS Act, the owner or custodian of the animal may appeal the decision by providing written notice to the ACRB within 10 business days after receiving the notice.

Appeal of a statement of account

Under section 35(1) of the PAWS Act, an owner or custodian of an animal may be served with a statement of account reflecting necessaries to relieve an animal’s distress and provisions for its care.

Under s. 38(2) of the PAWS Act, the owner or custodian of the animal may appeal the decision by providing written notice to the ACRB within 10 business days after receiving the notice.

Application for revocation of an order

Under section 38(3) of the PAWS Act, the owner or custodian of an animal who receives an order from an animal welfare inspector may apply to the ACRB by notice in writing to have the order revoked on the basis that the animal has ceased to be in distress.

There are no timelines for an application to revoke an order.

Application for revocation of determination (return of an animal)

Under section 31(6) of the PAWS Act, the Chief Animal Welfare Inspector may decide to keep an animal that was removed if it is necessary to relieve the animal’s distress or the Chief Animal Welfare Inspector has reasonable grounds to believe that the animal may be placed in distress or trained to fight another animal if returned to its owner or custodian.

Under s. 38(1) of the PAWS Act, an owner or custodian of an animal may appeal a decision by an animal welfare inspector to remove an animal from a place.

Under section 38(4) of the PAWS Act, an owner or custodian of an animal that has been taken into the Chief Animal Welfare Inspector’s care may apply to the ACRB by notice in writing to have the animal returned on the basis that the conditions that caused the animal to be kept in the Chief Animal Welfare Inspector’s care have ceased to exist.

There are no timelines for an application for revocation of determination.

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Filing an appeal or application

To appeal or apply to the ACRB, you must complete the appropriate forms and provide the necessary details in writing. You should provide reasons for your appeal or application and the result or action you are seeking.

To avoid delays in processing your appeal/application, you should provide:

• your full name, address, email address and telephone number
• if you have chosen to have counsel or an agent to represent you, their full name, mailing address, email address, telephone and fax numbers

Appeals and applications can be sent to the ACRB by e-mail, mail or courier.

For all ACRB forms and information about how to file, see Forms and filing.

Timelines

If you are appealing the issuing of a compliance order or removal of an animal, you must do so within 10 business days of having been served with the order. If you are appealing a statement of account, you must do so within the prescribed period after being served the statement.

There are no timelines for applications to revoke a compliance order or applications for revocation of determination (return of your animal).

Filing Fee

There is no fee to file an appeal or application with the ACRB.

Documents

Once you have submitted your appeal or application, a Case Management Officer will review the documents to ensure they are complete. A Case Management Officer may contact you if additional information is needed. Documents you submit to the ACRB are available to the public on request subject to limited exceptions.

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How to withdraw an appeal or application

If you decide to withdraw your appeal or application, you will need to provide written notice to the ACRB and copy the other parties to the appeal. A Notice of Withdrawal form should be completed and submitted to the ACRB. For all ACRB forms and information about how to file, see Forms and filing.

If you are at a case conference or hearing and wish to withdraw your appeal, you can inform the adjudicator of your decision to withdraw your appeal at that time.

Case conferences

After you file an appeal/application with the Animal Care Review Board (ACRB), the first step is often a case conference with both parties (the owner/custodian of the animal and representative of the Chief Animal Welfare Inspector). The case conference is generally conducted by telephone and facilitated by an ACRB adjudicator.

The case conference is an opportunity for the facilitator to provide information about the appeal/application process, and for parties to discuss, clarify and narrow issues. In some cases, it may allow the parties to settle or resolve the issues without the need for a hearing.

If the parties are unable to resolve the issues, the facilitator takes steps to move the matter forward to hearing, including setting the date and type of hearing, and setting the dates by which the parties must provide documents and other information to the other party and the ACRB.

Timelines

The ACRB will commence proceedings and notify the parties within five business days of receiving a completed Notice of Appeal or Application. To start proceedings, the ACRB may hold a case conference.

The Notice of Case Conference will confirm the date, time and dial-in information for the case conference, which must be scheduled within 10 business days after the receipt of a completed Notice of Appeal or Application. If the matter does not commence by case conference, then the ACRB will send a Notice of Hearing, which will set out the same information and which will also be scheduled within 10 business days after the receipt of a completed Notice.

Case conference outcomes

Possible outcomes of a case conference include:

• the matter is settled or resolved
• the appeal is withdrawn
• the case conference is adjourned or rescheduled
• a hearing is scheduled and procedural directions or orders are made

How to prepare for a case conference

Parties should come to the case conference prepared to discuss settlement and attempt to resolve the issues in dispute. If the matter is not resolved at the case conference, then the facilitator will take steps to move the matter forward to a hearing.

A party or their representative must participate in the case conference.

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Hearings

A hearing is only held if the parties are unable to resolve the matter at the case conference or settle the matter on their own before the hearing.

The hearing dates are set by the case conference facilitator in consultation with the parties.

Hearings can be conducted in writing, by teleconference, videoconference, or by any combination of these formats. The hearing format is determined on a case-by-case basis by the facilitator at the case conference with input from the parties. In-person hearings are by exception, usually to facilitate an accommodation request.

Hearings are conducted by a panel of one or more ACRB adjudicators.

At a hearing, each party gets a chance to present their case. The ACRB may ask each party to begin with an opening statement to summarize their position. A party presents their evidence which may be by calling witnesses to testify and referring to documents.

If a witness is called to testify, the party who called the witness to testify asks the witness questions. Then, the other party has the chance to cross-examine the witness by asking them more questions. Sometimes the party who called the witness may also ask follow-up questions.

After all evidence has been presented and all witnesses have testified, the ACRB hearing panel may ask each party (or their representative) to make closing submissions, which is a summary of each party’s argument about why the appeal should be granted or dismissed.

The hearing panel may make some closing comments and then the hearing will be finished.

Hearings are open to the public unless ordered otherwise by the ACRB. For a schedule of proceedings, you can contact the ACRB.

How to prepare for a hearing

Legal representative

It is not mandatory to have a legal representative at an ACRB hearing, but individuals may want to seek legal advice. If you need legal help, see get legal help.

Evidence

If the matter goes forward to a hearing, the parties must prepare evidence to present their case.

Evidence includes oral testimony, or any documents or things (e.g., photographs) that are relevant to the subject matter of the hearing and support your position. The ACRB considers the evidence presented and applies the relevant provisions of the Provincial Animal Welfare Services Act, 2019 to reach its decision.

Disclosure

You must copy the other party when corresponding with the ACRB regarding matters that relate to the appeal or hearing.

If you want the ACRB to consider any documents or other things at the hearing, you must provide them to the other party and the ACRB. For more information, see the ACRB’s Rules of Practice and Procedure .

The exchange of documents will also be discussed at the case conference. The facilitator will consider the position of both parties before setting dates by which you must disclose any documents or things that you intend to rely on at the hearing.

Witnesses

You may want one or more witnesses to attend the hearing to testify. At the case conference, the facilitator will discuss matters relating to witnesses. You may be asked to provide a list of witnesses who you may call to give evidence at the hearing, and a brief description of each witness’ expected testimony.

If your witness does not want to attend the hearing, you may request a summons from the ACRB that, if served properly, would require a witness to attend the hearing.

To request a summons, you must complete the Summons to a Witness form and submit it to the ACRB Registrar at ACRB.Registrar@ontario.ca for approval.

Service of a summons and payment of attendance money is the responsibility of the party that obtained the summons. Attendance money is to be calculated in accordance with the Rules of Civil Procedure and the Superior Court of Justice.

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If you cannot attend a case conference or hearing

You are expected to be prepared and ready to proceed on the date scheduled. If you cannot attend a scheduled case conference or hearing, you must notify the ACRB and the other party as soon as possible that you are requesting an adjournment by submitting a completed Adjournment request to the ACRB Registrar. For all ACRB forms and information on how to file, see Forms and filing.

The adjournment request must include:

• the reason for the request
• written agreement to the adjournment from the other party or their representatives, if the parties have agreed to the request
• at least three alternative dates, within 30 days of the case conference date or hearing date to be adjourned, that are agreeable to all parties

Adjournments are only granted on very specific and exceptional grounds (e.g., illness, parties are close to settling the matter, etc.). Note that an adjournment is not guaranteed, despite a request having been filed.

It is important that you attend any proceedings on the dates scheduled. If you do not appear for your hearing, the ACRB will take steps to contact you. If we are unable to reach you, the hearing might proceed in your absence, and you will not be entitled to any further notice in the proceeding. The ACRB may also dismiss an appeal or application if the party who initiated it does not appear at the hearing.

For more information about adjournments, see the ACRB’s Rules of Practice and Procedure.

Orders

Animal Care Review Board (ACRB) adjudicators can make orders during the case conference, the hearing, or as part of the decision.

The adjudicator’s orders are legally binding. They have to be followed.

If either party believes that the other party is not obeying an order, or if a party is having trouble getting the remedy that the adjudicator has ordered, the order can be registered with the Superior Court of Justice. It is then enforceable as if it is an order of that Court.

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Decisions

After the hearing, the adjudicators(s) hearing the appeal or application will deliberate and issue a decision with written reasons that explain why the ACRB reached its decision.

The ACRB sends a copy of the decision to both parties by mail or e-mail.

Past decisions are also posted on the Canadian Legal Information Institute (CanLII) website. CanLII is an online platform that offers free public access to tribunal and court decisions.

7. Application and processing timelines

Content TBD

• Calling Evidence Information Sheet
  This information sheet describes what it means to call evidence at an ACRB hearing and will help you prepare your case for the hearing.
• Disclosure Information Sheet
  This information sheet describes the disclosure process, meaning how to disclose the documents or things (physical evidence), witness information and expert reports that you intend to present as evidence at a hearing before the ACRB.
• Motions Information Sheet
  This information sheet explains what a motion is and how to make a motion at the ACRB.
• Presenting Your Case Information Sheet
  This information sheet describes what happens in a hearing when you present your case to the ACRB, including information about witnesses, documents and things (physical evidence) you need to support your case.