Acts and Regulations

2017, c.52 - Exotic Animals Act

Section 28
Disposition versions

Full text
Inspections
28(1)For the purpose of ensuring compliance with this Act and the regulations, a conservation officer may, at any reasonable time and on production of his or her certificate of appointment when requested to do so, enter any building, place or premises that is identified in a permit as the building, place or premises in which is located the exotic animal for which the permit is issued, and do any of the following:
(a) require the permit holder or any person present at the building, place or premises to capture and manipulate, for the purpose of examination, the exotic animal;
(b) examine the exotic animal;
(c) take samples, carry out tests or take any other measure the conservation officer considers necessary to identify the exotic animal; and
(d) require the permit holder or any person present at the building, place or premises to produce for inspection, or for the purpose of obtaining copies or extracts, any permit, record or document.
28(2)Before or after attempting to enter a building, place or premises under subsection (1), a conservation officer may apply for an entry warrant under the Entry Warrants Act.
28(3)A conservation officer shall not enter a private dwelling under subsection (1) unless the conservation officer is entering in one of the following circumstances:
(a) the conservation officer is entering with the consent of a person who appears to be an adult and an occupant of the building, place or premises; or
(b) the conservation officer has obtained an entry warrant under the Entry Warrants Act.
28(4)If, in the opinion of a conservation officer, a permit holder has violated or has failed to comply with a provision of this Act or the regulations, the conservation officer may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out any other action the conservation officer considers necessary for the protection of the public, the exotic animal or the environment.
28(5)Except in the case of an emergency situation, an order shall be in writing and shall include reasons for the order and specify the term of the order.
28(6)An order may be served in accordance with section 46 and the permit holder shall comply with the order within the time period specified in the order.
28(7)A permit holder or any person present at the building, place or premises referred to in subsection (1) shall, immediately on demand by a conservation officer,
(a) capture and manipulate the exotic animal in accordance with paragraph (1)(a), or
(b) produce the record or document in accordance with paragraph (1)(d).
28(8) A conservation officer may seize any exotic animal, record or document which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under subsection (1),
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
28(9)Any exotic animal seized under subsection (8) is forfeited immediately to the Minister and the Minister may dispose of or destroy the exotic animal in any manner the Minister considers appropriate.
28(10)A permit holder or any person present at the building, place or premises referred to in subsection (1) shall give all reasonable assistance to a conservation officer to enable the conservation officer to carry out an inspection under this section and shall furnish the conservation officer with the information that the conservation officer may reasonably require.