B-3.1 - Animal Welfare and Safety Act

Section 45 Disposition versions

2015-12-04

45. The inspector has custody of the seized animal and may keep the animal or entrust it to a person other than the person from whom it was seized.

The seized animal may be kept at the place of seizure if the owner or occupant of the place consents to it in writing, according to the terms agreed on by the parties. If the owner or occupant of the place does not consent to such custody or fails to respect the terms attached to it, the inspector may apply to a judge for authorization to keep the seized animal on site, on the conditions and according to the terms the judge deems appropriate.

In the case of an emergency, the inspector may, before obtaining authorization from a judge, establish interim custody measures to ensure the animal’s welfare and safety.

Custody of that which was seized is maintained until it has been disposed of in accordance with this chapter or, if proceedings are instituted, until a judge otherwise disposes of it. On an application by the inspector, a judge may order that the detention period be extended for up to 90 days.

No judicial proceedings may be instituted by the person from whom an animal was seized against the person to whom the seized animal has been entrusted under this section for acts done in good faith within the scope of their mandate.

2015, c. 35, s. 7.