ANIMAL CARE REVIEW BOARD
Safety, Licensing Appeals and Standards Tribunals Ontario
cOMMISSION D’ÉTUDE DES SOINS AUX ANIMAUX
Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario
Appeal under subsection 17(1) of the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36
Between:
Jean Weeks
Appellant
and
Ontario Society for the Prevention of Cruelty to Animals
Respondent
MOTION DECISION AND ORDER
Facilitator: Laurie Sanford, Member Animal Care Review Board
Appearances:
For the Appellant: Self-represented
For the Respondent: Jennifer Bluhm, Deputy Chief Inspector, Ontario Society for the Prevention of Cruelty to Animals (“OSPCA”) Renée Baker, Agent, OSPCA
Held by teleconference: August 17, 2018, with written submissions made by the parties to and including August 27, 2018
A. OVERVIEW
1On July 31, 2018, the OSPCA removed seven cats from the premises occupied by Ms. Jean Weeks and served a Notice of Removal on Ms. Weeks. Ms. Weeks brought her appeal to the Animal Care Review Board outside the statutory time limit for appealing.
2Ms. Weeks requested an extension of time to bring her appeal on compassionate grounds. The OSPCA did not consent to the extension of time and submitted that the Animal Care Review Board (the “Board”) does not have the jurisdiction to extend the time for bringing an appeal.
3For the reasons given below, I conclude that the Board does not have the jurisdiction to grant Ms. Weeks the extension of time she seeks. Therefore, her appeal cannot proceed.
B. ISSUES AND ANALYSIS
4There are two issues to be determined in deciding whether or not to grant Ms. Weeks’ request, or motion, for an extension of time to bring her appeal. First, does the Board have the jurisdiction to grant Ms. Weeks an extension of time in which to bring her appeal? Second, if so, ought the Board to exercise its discretion in the circumstances of this case?
5Concerning the first issue of whether the Board has the jurisdiction to extend the time limit for bringing an appeal, subsection 17(1) of the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36 (the “Act”) provides that an owner of an animal which has been removed may, within five business days of receiving notice of the removal, appeal the removal by notice in writing to the Board.
6There is no dispute that Ms. Weeks received the Notice of Removal on July 31, 2018. On that day she telephoned the Board to inquire about an appeal. The statutory deadline for the appeal was August 7, 2018. Ms. Weeks filed her appeal on August 13, 2018, four business days late.
7The Board was created by the Act. As a creature of statute, the Board has no jurisdiction to hear an appeal or grant the remedies available in the Act except in accordance with the Act and any other relevant legislation. A necessary first step for a hearing under the Act is giving the Board written notice of an appeal. The Act sets out clear time limits for giving such notice. There is nothing in the Act that grants the Board the authority to extend those time limits.
8The Statutory Powers Procedure Act, R.S.O. 1990 c. S.22 (the “SPPA”) gives the Board certain powers to control its own processes. The Board has also rules of procedure which serve the same purpose. However, neither the SPPA nor the Board’s rules of procedure can create a jurisdiction to hear and decide an appeal where one does not exist in the Act.
9Given that the Act does not grant the Board the authority to extend the time limit for bringing an appeal, I conclude that the Board lacks the jurisdiction to grant Ms. Weeks’ the extension of time she seeks. As a result, her appeal cannot proceed. In light of this conclusion, it is unnecessary to consider the second issue of whether an extension ought to be granted in the circumstances of this case.
C. ORDER
10Ms. Weeks’ motion for an extension of time to file her appeal is denied. Accordingly, her appeal cannot proceed.
Released: September 12, 2018
_________________________
Laurie Sanford, Member