Animal Welfare Services
Animal Welfare Services (AWS) within the Ministry of the Solicitor General is responsible for enforcing the Provincial Animal Welfare Services Act. This is also known as a the PAWS Act.
The Chief Animal Welfare Inspector and provincial animal welfare inspectors, including inspectors with specialized expertise in livestock, zoos, aquariums, and equines, provide enforcement across Ontario. They carry out inspections, respond to concerns, conduct investigations, as well as provide outreach and education on animal care best practices. Provincial inspectors also follow a standard code of conduct.
Important:
AWS Inspectors DO NOT possess policing powers.
Unlike the OSPCA who did possess police powers, the Provincial Animal Welfare Services (PAWS) do not have the ability to press criminal code charges. AWS Inspectors may charge ONLY under the Provincial Offences Act. The Crown would then be presented with the evidence for a charging decision.
https://www.ontario.ca/laws/statute/90p33
If an AWS Inspector feels the offence being investigated warrants a Criminal Code charge, the Inspector is to reach out the police service in the applicable jurisdiction and hand over the investigation to police. At that point, AWS will play a supporting, evidentiary role.
The applicable police service will now own the inquiry to investigate, determine if charges are warranted and approach the Crown for a charging decision.
Canadian Criminal Code – Animal Cruelty:
https://laws-lois.justice.gc.ca/eng/acts/C-46/section-445.1.html
Where deemed appropriate, AWS Inspectors will reach out to:
- Police officers
- First Nations constables
- Veterinarians
- Livestock stakeholders
- Local rescues and humane societies
- other ministries, such as the Ontario Ministry of Agriculture, Food and Rural Affairs and the Ministry of Natural Resources
Powers of Police, Veterinarians, Etc. – PAWS Act
Section 60: Police and First Nation Officer powers
60 (1) Subject to the regulations, a police officer or First Nation Officer may exercise the powers of an animal welfare inspector under sections 28, 29, 31, 32, 33, 41, 42, 43, 44, 47 and 48. 2019, c. 13, s. 71 (5).
See link to PAWS Act at the top of this page to see sections:
28, 29, 31, 32, 33, 41, 42, 43, 44, 47 and 48. 2019, c. 13, s. 71 (5).