Introduction

This information sheet describes the difference between an appeal and an application at the Animal Care Review Board (ACRB).

Provincial Animal Welfare Services Act, 2019

Ontario's provincial legislature passed the Provincial Animal Welfare Services Act, 2019 (PAWS Act) on January 1, 2019. The PAWS Act and its regulations help ensure that animals are protected and treated in a humane manner. Protections include setting out basic standards of care that apply to all animals covered under the Act, as well as specific standards of care that apply to animals in unique circumstances.

Difference between an appeal and application

The difference between filing an appeal or an application is that an appeal disagrees with the inspector's opinion that the animal(s) was in distress, while an application seeks to revoke an order or return the animal(s) based on changed circumstances that no longer cause the animal(s) to be in distress.

Filing an appeal

The owner or custodian of an animal or animals, can file an appeal to the ACRB under section 38(1) of the PAWS Act, if a provincial animal welfare inspector:

• Issued the owner or custodian an order;
• Removed the animal(s);
• Issued the owner or custodian a decision that the removed animal(s) would be kept in the Chief Animal Welfare Inspector's care; or
• Issued a bill, called a statement of account, for costs associated with removing your animal(s); such as food, transportation, veterinary care, or shelter.

When filing an appeal, the owner or custodian disagrees with the inspector's opinion that the animal was in distress and will seek to prove that the animal(s) was not in distress when presenting their case to the ACRB.

To file an appeal with the ACRB, the owner or custodian must complete the Notice of Appeal form and include a copy of the document they are appealing. They should provide reasons for the appeal and the result they are seeking. An appeal must be filed within 10 business days of having been served the order, written notice or statement of account by the provincial animal welfare inspector.

A Notice of Appeal should be filed for each document (e.g., order or decision) the owner or custodian wishes to dispute. There is no fee to file an appeal with the ACRB. Appeals can be sent to the ACRB by mail or e-mail.

Filing an application

The owner or custodian of an animal or animals, can file an application to the ACRB under section 38 of the PAWS Act to seek:

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

When filing an application, the owner or custodian will seek to prove that the animal(s) is no longer in distress or that the conditions that caused the animal(s) to be in distress no longer exist when presenting their case to the ACRB.

To file an application with the ACRB, the owner or custodian must complete the Notice of Application form and include a copy of the order they are seeking to be revoked or the order to keep the removed animal(s) in care. They should provide reasons for the application and the result they are seeking.

There are no timelines or fees for filing an application with the ACRB. Applications can be sent to the ACRB by mail or e-mail.

Other Sources of Useful Information

The ACRB's website has Information Sheets, Practice Directions, FAQs (Frequently Asked Questions) and other useful information.

This information sheet is intended to provide general information. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Ontario.