Bill 159, Exotic Animals Control Act, 1997

Versions

Bill 159 1997

An Act to regulate the keeping of Exotic Animals

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Definitions Definitions

1. In this Act,

"exotic animal" means an animal of a species or type that is not native to Ontario and that in its natural habitat is usually found wild in nature and includes an animal of a species or type designated in the regulations; ("animal exotique")

"investigator" means an investigator appointed under section 15; ("enquteur")

"licence" means a licence issued under this Act; ("permis")

"licensee" means the holder of a licence; ("titulaire d'un permis", "titulaire de permis")

"Minister" means the Minister responsible for the administration of this Act; ("ministre")

"Registrar" means the Registrar appointed by the Minister; ("registrateur")

"regulations" means the regulations made under this Act; (rglements") Licences Licence required

2. (1) Despite any by-law, no person shall keep or have possession of a live exotic animal unless the person holds a licence in respect of the species or type of exotic animal to which the animal belongs. Exception

(2) No person shall be deemed to contravene subsection (1) if the person kept or had possession of a live exotic animal immediately before this Act comes into force and no longer keeps or has possession of the animal one year after this Act comes into force. Application for licence

3. (1) A person may apply to the Registrar for the issuance or the renewal of a licence. Qualifications

(2) A person is not eligible for a licence unless the person,

(a) has attained the age of 18 years, if an individual; and

(b) satisfies the standards prescribed in the regulations for keeping an exotic animal of the species or type specified in the application for licence. Form of application

(3) An application for the issuance or the renewal of a licence shall be in a form approved by the Registrar, shall be completed and signed by the applicant and shall include,

(a) the information with respect to the application that the Registrar determines or the regulations prescribe; and

(b) payment of the fee prescribed by the regulations. Information in application

(4) The information mentioned in clause (3) (a) may include information relating to personal identification of the applicant and specification of the species or type of exotic animal to which the application relates. Address for service

4. (1) Every applicant for the issuance or the renewal of a licence shall state in the application an address for service in Ontario. Change in address

(2) A licensee who changes address for service shall notify the Registrar in writing within five days of making the change. Refusal to issue or renew licence

5. (1) The Registrar shall refuse to issue a licence to an applicant or to renew the licence of an applicant on finding that the applicant is not eligible for a licence under section 3. No hearing

(2) Subject to the regulations, the Statutory Powers Procedure Act does not apply to the exercise of the Registrar's power under subsection (1). Identification card

6. (1) Upon issuing or renewing a licence, the Registrar shall issue to the applicant an identification card bearing the name of the applicant, the name of the species or type of exotic animal in respect of which the licence is issued, the expiry date of the licence and the Registrar's signature or a facsimile of it. Return of card

(2) A licensee to whom the Registrar has issued an identification card shall return it to the Registrar as soon as the licence is no longer in effect under this Act and shall not make any further use of it. Terms of licence

7. (1) A licence is subject to those terms to give effect to the purposes of this Act that the Registrar imposes or the regulations prescribe. No transfers

(2) A licence is not transferable. Suspension or revocation of licence

8. (1) The Registrar may suspend or revoke a licence if, based on an investigation under section 16, the Minister finds that the licensee has contravened or failed to comply with this Act, the regulations or the terms of the licence. No hearing

(2) Subject to the regulations, the Statutory Powers Procedure Act does not apply to the exercise of the Registrar's power under subsection (1). Notice

(3) The Registrar shall send written notice to the licensee of the suspension or revocation at the latest address for service of the licensee given under section 4. Further applications

9. (1) No person who is refused a licence or renewal of a licence or whose licence is revoked may apply to the Registrar for a licence until at least one year has passed since the refusal or revocation. Suspended licences

(2) No person whose licence is suspended may apply to the Registrar for a licence during the suspension. Rejection of further application

(3) The Registrar may, without giving written reasons, reject an application made after the time period specified in subsection (1) if, in the Registrar's opinion, the application discloses no substantial new evidence or no material change in circumstances since the refusal, revocation or suspension took effect. No hearing

(4) The Statutory Powers Procedure Act does not apply to the exercise of the Registrar's power under subsection (3). Continuation pending renewal

10. If, within the time prescribed by the regulations, or if no time is prescribed, before the expiry of a licence, the licensee applies in accordance with the regulations for renewal of the licence and pays the fee set out in the regulations, the licence shall be deemed to continue, subject to the regulations, until the Registrar grants or refuses to grant the renewal. Cancellation on request

11. The Registrar may cancel a licence upon the request in writing of the licensee. Regulation of Licensees and Investigations Identification card

12. A licensee shall, while keeping or having possession of an exotic animal, carry the identification card that the Registrar has issued to the licensee under this Act and, upon request of an investigator, shall produce it for inspection. Standards for premises and conditions

13. No licensee shall keep or have possession of an exotic animal of a species or type specified in the licence except in premises and conditions that meet the standards prescribed by the regulations. Records

14. Every licensee shall maintain the records that the regulations prescribe with respect to the premises and conditions in which the licensee keeps or has possession of exotic animals. Investigators

15. (1) The Minister or a person authorized in writing by the Minister may appoint an investigator for the purpose of determining whether,

(a) an applicant is eligible for a licence or a renewal of a licence; or

(b) any person has complied with this Act, the regulations or the terms of the person's licence, if any. Certificate of appointment

(2) The Minister or a person authorized in writing by the Minister shall issue to every investigator a certificate of appointment bearing the Minister's signature or a facsimile of it. Proof of appointment

(3) Every investigator who exercises powers under this Act shall, upon request, produce the certificate of appointment as an investigator. Investigation

16. (1) For the purpose of carrying out an investigation, an investigator may,

(a) subject to subsection (2), enter any premises that an investigator believes on reasonable grounds contains evidence that a person has contravened or failed to comply with this Act, the regulations or the terms of the person's licence, if any;

(b) subject to subsection (2), enter any premises on which an applicant for a licence or a renewal of a licence proposes to keep or have possession of an exotic animal;

(c) inquire into all records and other matters that are relevant to the evidence described in clause (a) or the application mentioned in clause (b); or

(d) demand the production for inspection of anything described in clause (c). Entry to dwellings

(2) An investigator shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling, except under the authority of a search warrant issued under section 158 of the Provincial Offences Act. Time for exercising powers

(3) An investigator shall exercise the powers mentioned in subsection (1) only during normal business hours for the place that the investigator has entered. Written demand

(4) A demand mentioned in clause (1) (d) shall be in writing and shall include a statement of the nature of the things required. Obligation to produce

(5) If an investigator makes a demand under clause (1) (d), the person having custody of the things shall produce them to the investigator. Copies

(6) The investigator may, with reasonable dispatch, review or copy any of the things that are produced and may bring onto the premises anything that the investigator requires for making copies. Admissibility of copies

(7) A copy certified by an investigator as a copy made under subsection (6) is admissible in evidence to the same extent, and has the same evidentiary value, as the thing copied. Assistance

(8) An investigator may call upon any expert for the assistance that the investigator considers necessary in carrying out an investigation. Computer search

(9) For the purpose of carrying out an investigation, an investigator may use any data storage, processing or retrieval device or system belonging to the persons being investigated in order to produce a record in readable form. Costs of investigation

(10) An applicant for a licence or a renewal of a licence who is the subject of an investigation under this section shall pay the reasonable costs of the investigation. Assistance required

17. (1) An investigator may require information or material from a person who is the subject of an investigation under section 16 or from any person who the investigator has reason to believe can provide information or material relevant to the investigation. Disclosure

(2) Despite section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, the head of an institution within the meaning of those Acts shall disclose to the investigator the information or material that the investigator requires. Obstruction

(3) No person shall obstruct an investigator who is exercising powers under this Act. Records

(4) A person who is required to produce a record for an investigator shall, on request, provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce the record in a readable form. Removal of animal

18. (1) An investigator may remove a live exotic animal from the place where it is and take possession of it on behalf of the Minister if the investigator finds it in the possession of a person who does not have a licence for it. Notice

(2) An investigator who has removed a live exotic animal under subsection (1) shall forthwith notify the licensee for the animal of the removal if the licensee is not the person from whom the investigator has taken the animal. Costs

(3) The person from whom the investigator has taken the animal shall pay the reasonable costs of the investigator in removing and caring for the animal until the investigator can make adequate provision for placing the animal with an authorized person or otherwise disposing of the animal. Non-compellable witness

19. No person employed in the administration or enforcement of this Act shall be required to give testimony in any civil proceeding, except in a proceeding under this Act, with regard to information obtained in the discharge of the person's duties. General Offences

20. (1) A person is guilty of an offence who,

(a) knowingly furnishes false information in an application under this Act or in a statement or a record required to be furnished under this Act;

(b) contravenes or fails to comply with a term of a licence; or

(2) Every director or officer of a corporation is guilty of an offence who,

(a) knowingly causes, authorizes, permits or participates in the commission by the corporation of an offence described in subsection (1); or

(b) fails to take reasonable care to prevent the corporation from committing an offence described in subsection (1). Penalty, non-corporations

(3) A person who is not a corporation and who is convicted of an offence described in subsection (1) or (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both. Penalty, corporations

(4) A corporation convicted of an offence described in subsection (1) is liable to a fine of not more than $25,000. Regulations

21. (1) The Lieutenant Governor in Council may make regulations,

(a) designating a species or type of animal as exotic animals for the purpose of this Act;

(b) exempting any person or class of persons from any provision of this Act or the regulations;

(c) prescribing standards, including standards for the premises and conditions for keeping exotic animals, that an applicant must satisfy to be eligible for a licence;

(d) governing applications for licences, including prescribing the information that an applicant is required to provide in an application;

(e) prescribing fees for licences and the renewal of licences;

(f) prescribing terms that attach to a licence;

(g) requiring the Registrar to hold a hearing before refusing to issue or renew a licence or suspending or revoking a licence;

(h) specifying the time at which a refusal to issue or renew a licence or a suspension or revocation of a licence takes effect if a hearing is required;

(i) governing the expiry of licences and prescribing a time period for the purpose of section 10;

(j) specifying the time to which a licence is deemed to continue for the purpose of section 10 if a hearing is required;

(k) prescribing standards for the premises and conditions in which a licensee is authorized to keep or have possession of exotic animals;

(l) prescribing records to be kept by licensees for the purpose of section 14;

(m) prescribing anything that this Act mentions may be prescribed;

(n) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. Adoption by reference

(2) A regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, a code or standard and may require compliance with a code or standard adopted. Scope of regulations

(3) A regulation may be general or particular in its application. Commencement

22. This Act comes into force on the day it receives Royal Assent. Short title

23. The short title of this Act is the Exotic Animals Control Act, 1997.