B-3.1 - Animal Welfare and Safety Act

Section 47 Disposition versions

2015-12-04

47. On the service of a statement of offence, the inspector must, unless an agreement has been made with the owner or custodian of the animal, apply to a judge for permission to dispose of the animal.

At least three clear days’ prior notice of the application must be served on the person from whom the animal was seized, and that person may contest the application.

The judge rules on the application taking into consideration the animal’s welfare and safety and, if applicable, the costs incurred by the detention under seizure. The judge may order that the animal be returned to the person from whom it was seized, that it be kept under seizure until a final judgment, or that it be given away, sold, euthanized or slaughtered.

If the judge orders that the animal be returned, it may be returned only on payment of the animal care expenses incurred as a result of the seizure.

If the judge orders that the animal be sold, the proceeds of the sale are remitted to the person from whom the animal was seized, after deduction of the animal care expenses incurred.

If the judge orders that the animal be kept under seizure until a final judgment is made, the judge orders the person from whom the animal was seized to pay an advance on future animal care expenses to the inspector in accordance with specified terms and in addition to the animal care expenses already incurred as a result of the seizure. The judge may order the confiscation of the animal if the person from whom it was seized fails to comply with the terms of payment of the advance, in which case the judge returns the animal to the inspector for disposal.

2015, c. 35, s. 7.