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Appeals and Applications

Types of Appeals and Applications

Appeals

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

  1. Orders (s. 38(1)1)
  2. A decision to remove an animal (s. 38(1)2)
  3. A decision to keep an animal in the Chief Animal Welfare Inspector's care (s. 38(1)3)
  4. Statements of account served by the Chief Animal Welfare Inspector (s. 38(2))

Applications

The owner or custodian of an animal may apply to the ACRB for:

  1. Revocation of an order on the basis that the animal has ceased to be in distress (s. 38(3))
  2. Return of an animal on the basis that the conditions that caused the animal to be kept in or taken into the Chief Animal Welfare Inspector's care have ceased to exist (s. 38(4))

Appeal of an Order

Under section 30(1) of the Provincial Animal Welfare Services Act, 2019, 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, which 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 Act, the owner or custodian of the animal may appeal the order by filing a Notice of Appeal within 10 business days after receiving the order from Animal Welfare Services (AWS).

Application for Revocation of an Order

Under section 38(3) of the Act, the owner or custodian of an animal who receives an order from an animal welfare inspector may apply to the ACRB by filing the Application for Revocation of an Order or Return of an Animal to have the order revoked on the basis that the animal has ceased to be in distress.

Request for Return of an Animal

Under section 31(1) of the Act, an animal welfare inspector may remove an animal from the place where it is and take possession of the animal to relieve its distress if: a veterinarian has advised the inspector in writing that relieving the animal's distress necessitates its removal or; 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 or an animal is in critical distress; or an order respecting the animal has been made under section 30 and the order has not been complied with.

Under section 31(6) of the 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 section 38(4) of the 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 filing the Application for Revocation of an Order or Return of an Animal 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.

Appeal regarding statement of account

Under section 38(2) of the Act, an owner or custodian of an animal who is served with a statement of account by the Chief Animal Welfare Inspector may appeal the statement of account to the ACRB by filing a Notice of Appeal within the prescribed period after being served the statement, as described below under Timelines.

Filing an Appeal or Application

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

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

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

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

Timelines

If you are appealing an order, a decision to remove an animal, a decision to keep an animal or take an animal into the Chief Animal Welfare Inspector’s care, or a statement of account, you must do so within 10 business days of having been served the order, written notice, or statement of account by AWS.

There are no timelines for submitting an Application for Revocation of an Order or Return of an 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.

Withdrawing an Appeal or Application

If you decide to withdraw your appeal or application before the hearing, you will need to provide written notice to the ACRB and copy the other parties to the appeal before the scheduled hearing date(s).

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 or application at that time.

Accessibility and Diversity

We are committed to continuously improving the accessibility of the services we provide.

If you require a disability-related accommodation to participate in an ACRB proceeding, or if you require assistance to access other services, please contact us.