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Animal Cruelty Appeal Board Regulations

made under Section 40 of the

Animal Protection Act

S.N.S. 2008, c. 33

O.I.C. 2015-41 (February 24, 2015), N.S. Reg. 34/2015

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 73/2015



Citation

1     These regulations may be cited as the Animal Cruelty Appeal Board Regulations.


Definitions

2     In these regulations,

 

“Act” means the Animal Protection Act;

 

“appeal” means an appeal of a removal of an animal made to the Board under Section 32 of the Act;

 

“business day” means a day other than a Saturday, a Sunday or a holiday as defined in the Interpretation Act;

 

“Minister” means the Minister of Agriculture;

 

“notice of appeal” means a notice of appeal in the form prescribed in the Notice of Appeal Form Regulations made by the Minister under Section 39 of the Act.


Copy of notice of removal to accompany notice of appeal

3     In addition to the fee payment required by subsection 32(3) of the Act, a notice of appeal must be accompanied by a copy of the notice of removal that is being appealed.


Fee for submitting notice of appeal

4     (1)    A notice of appeal must be accompanied by a fee of $257.52, plus any applicable taxes, payable to the Minister of Finance.

Subsection 4(1) amended: O.I.C. 2015-96, N.S. Reg. 73/2015.

 

       (2)    The fee payable with a notice of appeal is refunded if the Board decides the animal is to be returned to the owner without conditions.


Incomplete notice of appeal

5     If an owner or custodian submits an incomplete notice of appeal or fails to provide any required accompanying documentation, the Board may refuse to hear the appeal until the completed form or required documentation is provided.


Prescribed time for notice of hearing

6     For the purpose of subsection 32(5) of the Act, notice of the time, date and place for a hearing of an appeal must be given within 5 business days after the date the Board receives notice of the appeal.


Prescribed time for date of hearing

7     For the purpose of subsection 32(6) of the Act, the date fixed for a hearing of an appeal must be within 10 business days after the date the Board receives notice of the appeal.


Prescribed time for issuing decision

8     For the purpose of subsection 32(6) of the Act, the Board must issue its decision in an appeal within 12 business days after the Board receives notice of the appeal.


Prescribed time for notice of decision

9     For the purpose of subsection 33(3) of the Act,

 

                (a)    oral notice of a decision in an appeal must be given within 2 business days after the date of the hearing of the appeal; and

 

                (b)    written reasons for a decision in an appeal must be given within 10 business days after the date of the hearing of the appeal.