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Public Safety Related to Dogs Statute Law Amendment Act,
2005 — Highlights
- On October 26, 2004 the McGuinty government introduced Bill
132 to amend the Dog Owners' Liability Act (DOLA), with related
amendments to the
Animals for Research Act (ARA).
- Bill 132 was passed by the Legislative Assembly as the
Public Safety Related to Dogs Statute Law Amendment Act,
2005 on March 1, 2005. It received Royal Assent on March 9,
2005.
- The legislation bans pit bulls in Ontario, places
restrictions on existing pit bulls, and toughens the penalties
for the owners of any dog that poses a danger to the
public.
- Ontario's pit bull ban took effect on August 29, 2005.
- All dog owners must comply with the amended requirements of
DOLA and other provisions of law.
- Pit bull owners may keep their existing dogs, as long as
they comply with certain requirements.
- The recent amendments to DOLA also contain tough new
penalties for the owners of all potentially dangerous dogs,
regardless of breed or type.
- Regulations made under the DOLA, as amended, came into
effect on August 29, 2005. These regulations set out pit bull
controls in detail. The regulations can be found at http://www.e-laws.gov.on.ca
- The information below is provided to aid understanding of
the legislation and does not constitute legal advice.
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Transition Period
- The act received Royal Assent on March 9, 2005. However,
the effective date of August 29, 2005, was set to allow
municipalities time to ensure that the legislation is applied
effectively.
- This transition period allowed all dog owners to
familiarize themselves with the existing and new requirements
of DOLA that apply to ALL dogs.
- Those who currently own pit bulls have until October 28,
2005 to comply with the new law by ensuring their dogs are
spayed or neutered, and are muzzled and leashed while in public
(see below: "Grandfathered" or Restricted Pit Bulls ).
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Pit Bulls
- The amendments to DOLA will prohibit individuals from
owning, breeding, transferring, importing or abandoning pit
bulls. Training a pit bull to fight or allowing a pit bull to
stray are also prohibited.
- There are exceptions to the restrictions on ownership,
transfer and importing in the case of "grandfathered" pit bulls
(see below: "Grandfathered" or Restricted Pit Bulls ).
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"Grandfathered" or Restricted Pit Bulls
- Individuals who already own pit bulls will be able to keep
them, provided they comply with requirements set out in the
amendments and the regulations.
- Pit bulls kept legally after the ban will be known as
"grandfathered" or restricted pit bulls.
- In order for a pit bull to qualify as a "grandfathered" or
restricted pit bull, it must be:
- Owned by an Ontario resident on August 29, 2005.,
or
- Born in Ontario within 90 days after August 29,
2005.
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Grandfathered/Restricted Pit Bulls Owners' Responsibilities
- Pit bull owners are required to ensure their pit bulls are
in compliance with the amendments and regulations.
- The full text of the regulations can be found on the
e-laws website. The text
below summarizes certain key elements of the regulations and is
not authoritative.
- By October 28, 2005, pit bull owners will have to have
their pit bulls leashed and muzzled in public and comply with
sterilization requirements.
- The regulations stipulate that restricted pit bulls be
muzzled and leashed unless the dogs are on their owners'
enclosed property or on enclosed property occupied by another
person who consents to the pit bull being without a muzzle or
leash.
- Among other specific requirements, a leash may be a maximum
of 1.8 metres long.
- Muzzles should be humane, but strong enough and well-fitted
enough to prevent the pit bull from biting, without interfering
with the breathing, panting, or vision of the pit bull or with
the pit bull's ability to drink.
- All pit bulls must be sterilized by October 28, 2005.
- If this would require a pit bull to be sterilized before it
reaches 36-weeks of age, the owner may wait until the dog
reaches that age to have it sterilized.
- There are limited exemptions to the sterilization
requirement if, in the written opinion of a veterinarian, a pit
bull is physically unfit to be anaesthetized because of old age
or infirmity. See the regulations for further details.
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Dog Owners' Liability Act (DOLA) Proceedings
- This section describes DOLA proceedings as they existed
before amendments to the legislation became effective on August
29, 2005.
- The amendments to the legislation make some changes to the
Part IX proceedings and the offence proceedings. Those changes
are discussed in subsequent sections.
-
Civil Proceedings
- If a dog bites you, you may bring a civil action
against the dog's owner for damages.
- The Act states that the owner of a dog is liable for
damages resulting from a bite or attack and that liability
does not depend on the owner's fault, negligence or
knowledge of the propensity of the dog to bite or
attack.
-
Proceedings under Part IX of the Provincial
Offences Act (Part IX Orders or Part IX Proceedings)
- DOLA provides that any individual can start a court
proceeding under
Part IX of the
Provincial Offences Act (POA).
- In these proceedings, an individual can seek a court
order related to a dog.
- These orders can provide for destruction of the dog or
require that the dog's owner take certain measures in
relation to the dog such as requiring that the dog be
muzzled or leashed.
-
Offence Proceedings under Part III of the
Provincial Offences Act (Offence Proceedings)
- Violations of various Ontario statutes, including DOLA,
constitute provincial offences and may be prosecuted under
the Provincial Offences Act.
- After charges are laid, a Crown attorney presents the
case in court.
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Part IX Proceedings and Pit Bulls
- In Part IX proceedings, an individual may seek a court
order in relation to a dog (see above: Dog Owners' Liability Act (DOLA) Proceedings ).
- Where a court is convinced that a pit bull has bitten or
attacked or posed a menace in a Part IX proceeding, a mandatory
destruction order must be issued.
- Where a pit bull owner is found to have contravened a
provision of the DOLA, the regulations, or a court order in
relation to the pit bull, a mandatory destruction order must be
issued in a Part IX proceeding.
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Pit Bull Ban Exceptions for Dog Shows and Flyball Tournaments
- There are limited exceptions to certain requirements of the
pit bull ban to allow the participation of pit bulls in dog
shows and flyball tournaments.
- "Dog shows" and "flyball tournaments" are defined in the
regulations. See e-laws for more
information.
- Dog shows must be sanctioned, in writing, by one or more of
the following dog registries: Canadian Kennel Club, United
Kennel Club, American Kennel Club or American Dog Breeders
Association.
- Flyball tournaments must be sanctioned, in writing, by the
North American Flyball Association.
- There are different exceptions for restricted Ontario pit
bulls and pit bulls not owned by Ontario residents.
- Details of these limited exceptions are set out in the
regulations.
- None of these exceptions permit breeding of pit bulls,
under any circumstances.
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Importing Pit Bulls
- It is against the law to bring pit bulls into Ontario, even for a short visit.
- There are no exceptions made for:
- Tourists
- People moving to Ontario, or
- Military personnel being transferred to Ontario postings.
- The law does allow certain pit bulls into Ontario for recognized dog shows under limited circumstances (see above: Pit Bull Ban — Exceptions for Dog Shows and Flyball Tournaments).
- If you leave Ontario with a restricted pit bull (one that was legally owned after the ban was implemented), you can return with that pit bull within three months of your departure. But after three months, that pit bull will not be allowed back in Ontario.
- If, on August 29, 2005, you were a legal resident of Ontario who owned a pit bull, but you were not in Ontario on that day, you will have been allowed to bring your pit bull back to Ontario within three months of August 29, 2005. After three months that pit bull will not have been allowed back in Ontario.
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Acquiring Restricted Pit Bulls
- Pit bulls kept legally after the ban will be known as
"grandfathered" or restricted put bulls.
- A person who did not own any pit bulls on August 29, 2005,
will be able to acquire one restricted pit bull.
- A person who owned one or more pit bulls on August 29, 2005
will be able to acquire more restricted pit bulls so long as
the effect would not be to leave the person with more pit bulls
than he or she owned on August 29, 2005.
- Pounds and humane societies are able to adopt out
restricted pit bulls, provided that the transfer of the pit
bull to a new owner would not lead to a violation of the
restrictions on acquisition.
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All Dangerous Dogs
- The amendments to DOLA contained in the Public Safety
Related to Dogs Statute Law Amendment Act, 2005 came into
effect on August 29, 2005.
- For court proceedings taking place after August 29, 2005,
regarding events that took place before that date, the law will
apply as it existed before August 29, 2005.
- Expanded Part IX Proceedings: It is
now possible to commence Part IX proceedings where it is
alleged that:
-
- A dog has bitten or attacked
- The dog has behaved in a manner that poses a menace to
the safety of persons or domestic animals
- An owner did not exercise reasonable precautions to
prevent a dog from biting or attacking or posing a menace
to the safety of persons or domestic animals
- An existing order has been breached.
- Part IX Orders: In Part IX
proceedings arising after August 29, 2005, the existing
legislation and amendments will provide that if a court finds
that a dog has bitten or attacked a person or domestic animal
or that the dog's behaviour constitutes a menace to the safety
of persons or domestic animals, the court may make the
following orders if satisfied that they are necessary for
protection of the public:
-
- Destruction order
- Order that dog owner take specified control
measures
- Order prohibiting further dog ownership for a specified
period of time.
- Control Measures: The existing
legislation and amendments provide some examples of the sort of
Part IX orders that the courts may make in cases arising after
August 29, 2005.
Examples include:
-
- Confinement of dog to owner's property
- Restraint of dog by leash and/or muzzle
- Posting of warning signs.
- Mandatory Sterilization: Any dog
subject to a Part IX Order (other than a destruction order)
must be spayed or neutered within 30 days of the order or
within a different period of time, if the court specifies
one.
- Expanded Offence Proceedings: It is
an offence to contravene any provision
of the DOLA or the regulations or any order made under the DOLA
or regulations.
Specific offences will include:
-
- Failing to exercise reasonable precautions to prevent a
dog from biting or attacking a person or domestic
animal.
- Failing to exercise reasonable precautions to prevent a
dog from behaving in a manner that poses a menace to the
safety of persons or domestic animals.
- Penalties for Offences: Penalties
in DOLA offence proceedings will be as follows:
-
- $10,000 fine ($60,000 for corporations); and/or
- Six months imprisonment; and/or
- In addition to any other penalties, the court will be
able to make restitution orders requiring convicted persons
to make compensation or restitution to victims.
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New Powers for Animal Control Personnel
- The amendments to DOLA provide that police officers,
special constables, First Nations Constables, auxiliary police,
municipal law enforcement officers, OSPCA inspectors and OSPCA
agents are all designated as peace officers for the purposes of
DOLA.
- Designated peace officers will be able to obtain warrants
to seize a dog from a particular location where it is not
desirable in the interests of public safety that the dog be so
located.
- In exigent circumstances, designated peace officers will
have a right of entry without warrant. Exigent circumstances
include circumstances where there are reasonable grounds to
believe that entry without warrant is necessary to prevent
imminent bodily harm or death to any person or domestic
animal.
- There are also provisions for seizure in public
places.
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Municipal Pounds
- The definition of pound for the purposes of DOLA and the
Animals for Research Act (ARA), will be "premises that are
used for the detention, maintenance or disposal of dogs or cats
that have been impounded pursuant to a by-law of a municipality
or the Dog Owners' Liability Act, but does not include any
premises, or part thereof, that are not used by any person or
body of persons, including the Ontario Society for the
Prevention of Cruelty to Animals or any society affiliated
therewith, for the detention, maintenance or disposal of dogs
or cats so impounded."
- Pounds will be able to keep and adopt out any number of
restricted pit bulls so long as they are kept in accordance
with the DOLA and any regulations.
- Animal shelters and facilities that are not pounds will have the same status as any other
pit bull owners. They will be able to own, acquire and,
transfer restricted pit bulls in accordance with the
requirements.
- Only pounds and ARA registered research facilities will be
legally able to own or acquire prohibited pit bulls.
- Amendments to the ARA provide a system for dealing with
such pit bulls including sending prohibited pit bulls (i.e.,
pit bulls that are not "restricted" or grandfathered) out of
Ontario.
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Frequently Asked Questions
1. Now that the amendments are law, do I have to
send my pit bull out of Ontario or have it euthanized?
No. Owners of pit bulls may keep their pit bulls,
provided they keep them in compliance with the requirements of
the new legislation and any regulations made under it. The new
legislation will take effect on August 29, 2005.
2. Is my dog a pit bull?
Under the amendments to DOLA, pit bull is defined
as:
- A pit bull terrier
- A Staffordshire bull terrier
- An American Staffordshire terrier
- An American pit bull terrier
- A dog that has an appearance and physical characteristics
substantially similar to any of those dogs.
3. Who decides whether or not a dog is a pit
bull?
The amendments provide that in a Part IX proceeding
the onus of proving that the dog is not a pit bull will lie with
the owner of the dog. In offence proceedings, the amendments
provide that the prosecution must prove its case beyond a
reasonable doubt and that, in the absence of evidence to the
contrary, a veterinarian's certificate attesting that a dog is a
pit bull is evidence of that fact. Part IX proceedings and
offence proceedings are heard before the Ontario Court of
Justice.
4. What sort of documentation do I need to travel
with my pit bull?
The amendments do not deal with customs
documentation regarding shipping of dogs to Canada from foreign
jurisdictions and dogs that are in transit destined for other
countries. The legislation bans pit bulls and their importation
into Ontario. It is the responsibility of an owner to show that a
pit bull is not being imported into Ontario in contravention of
the ban.
5. What if I am just passing through Ontario with my
pit bull?
You will be in contravention of the law if you are
found to have imported a pit bull into the province. Your pit
bull may be subject to seizure and you may be subject to a fine
and/or jail time. Please note that exceptions exist for Ontario
residents who are out of the province with their pit bulls for
less than three months. Limited exceptions also exist for
individuals coming to Ontario for purposes of participating in
recognized dog shows and flyball tournaments.
6. Do I have to have my pit bull muzzled and
leashed?
Regulations provide that pit bull owners must comply with leash
and muzzle requirements by October 28, 2005. Municipal by-laws
may have such requirements prior to October 28, 2005. Check with
your local municipality for further information.
7. What if I want to complain about a dog? Who do I
contact?
Municipalities are responsible for animal control
and you should generally contact your local animal control or
by-law enforcement office in relation to animal control issues.
In emergency situations, the police should be contacted. Please
note that after October 28, 2005, owners of existing pit bulls
must ensure that their dogs are sterilized and that they are
muzzled and leashed while walking them in public.
8. Do I have to register my pit bull?
There is no provincial plan for dog registration as
animal control is a municipal responsibility. You should license
and register your dog in compliance with requirements set by your
local municipality.
9. I am being harassed when walking in public with
my pit bull. What should I do?
The Ontario government's amendments to DOLA are
designed to make all Ontarians safer. The fact that the
government has chosen to ban pit bulls is no justification for
harassment of pit bulls owners or cruelty to animals. Pit bull
owners are allowed to keep their dogs and walk them in public, as
long as they obey the law as it applies to all dog owners.
However, pit bull owners walking their dogs in public after
October 28, 2005, must comply with certain requirements, such as
keeping the dog muzzled and on leash.
Pit bull owners who are subject to harassment that may constitute
criminal activity and/or fear for their safety should contact the
police.
10. Our municipality already has a pit bull ban in
place (or is thinking of implementing one) with no grandfather
clause. Do the new amendments mean that pit bull owners can bring
their dogs into our community regardless of our by-law?
No. The new section 11 of DOLA will provide that if
there is a conflict between the provincial requirements and a
municipal by-law, the more restrictive provisions in relation to
pit bulls will prevail.
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Further Information