If you are an owner of a dog, we would like to advise you of the amendments to the Dog Owners' Liability Act that came into effect on August 29, 2005.
Charges may be laid against any dog owner where:
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A dog has bitten or attacked
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A dog behaved in a manner that poses a menace to the safety of persons or domestic animals.
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The dog owner did not exercise reasonable steps to prevent a dog from doing any of the above.
Penalties in Dog Owners' Liability Act proceedings can be up to a $10,000 fine and/or six months imprisonment ($60,000 for corporations).
If the Court finds that the dog has bitten or attacked a person or domestic animal, and the court is satisfied that an order is necessary for the protection of the public, the court may order:
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That the dog be destroyed in the manner specified in the order; or
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That the owner of the dog take measures for the more effective control of the dog such as:
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Confining the dog to it's owners' property
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Restraining the dog by means of a leash
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Muzzling the dog while off the owners' property
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Posting warning signs; or:
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That the owner be prohibited from owning another dog during a specified period of time.
Any dog subject to one of these orders, other than the 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.
In exercising its powers to make an order, the court may take into consideration the following circumstances:
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The dog's past and present temperament and behaviour.
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The seriousness of the injuries caused by the biting or attack.
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Unusual contributing circumstances tending to justify the dog's action.
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The improbability that a similar attack will be repeated.
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The dog's physical potential for inflicting harm.
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Precautions taken by the owner to preclude similar attacks in the future.
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If the dog is a restricted or prohibited pit bull under the legislation and whether the dog owner has complied with their responsibilities under the law.
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Any other circumstances that the court considers to be relevant.
Amendments Relating to Pit Bulls
If you are an owner of a pit bull defined by the Province of Ontario as a pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier, American pit bull terrier or a dog that has an appearance and physical characteristics that are substantially similar to those breeds, we would like to advise you of the amendments to the Dog Owners' Liability Act that came into effect on August 29, 2005. The amendments to the Dog Owners' Liability Act prohibts individuals from owning, breeding, selling, importing, abandoning, or training pit bulls to fight.
Restricted Pit Bulls
The Provincial Legislation contains a "grandfathering clause", which allows existing pit bulls to remain in the Province as a "Restricted pit bull" if the owner can provide proof that:
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the pit bull was owned by a resident of Ontario on August 29, 2005; or
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it was born in Ontario within 90 days after August 29, 2005
Possible ways to Provide Proof of Restricted Pit Bull Status
Pit bull owners may wish to take the following steps to assist in showing their animal is a restricted pit bull:
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having the animal licensed, which is mandatory under City By-law 01-169;
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having the dog implanted with an identity microchip by a veterinarian;
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having the dog taken to a veterinarian for a check-up, vaccinations and the required sterilization (spay or neuter); and
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keeping receipts and records of the above steps and treatments for dates prior to August 29, 2005.
In some situations where the owner cannot prove they own a restricted pit bull, the owner may not be able to reclaim the dog from the pound.
Sterilization Exeptions
The Act required all pit bulls to be sterilized (spayed or neutered) by October 28, 2005 or until a restricted pit bull reached the age of 36 weeks of age. 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.
Acquiring Restricted Pit Bulls
After the ban came into effect, 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 is able to acquire more restricted pit bulls provided they do not own more pit bulls than what he or she owned on August 29, 2005. The giving and taking of a restricted pit bull must comply with the Dog Owners' Liability Act requirements.
Importing Pit Bulls:
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If an individual leaves Ontario with a restricted pit bull and returns to Ontario with that pit bull within 3 months, they are not considered to be importing a pit bull.
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If a legal resident of Ontario owned a pit bull on August 29, 2005, was out of the province and returned within 3 months, they were not considered to be importing a pit bull.
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There are limited exceptions to certain requirements of the pit bull ban to allow the participation of pit bulls in dog shows sanctioned by specific dog registries.
Restricted Pit Bulls Owners' Responsibilities
If a pit bull is proven to be a grandfathered or restricted pit bull, the owner is responsible to:
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have had the pit bull sterilized (spayed or neutered) with exemptions for dogs where a veterinarian supplies a medical waiver;
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have the pit bull muzzled in public with a humane muzzle that is strong and well-fitted enough to prevent the pit bull from biting and without interferring with the pit bull's breathing, panting, vision, or ability to drink;
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when in public the pit bull must be under the control of a person using a proper leash and muzzle for the dog which is no longer than 1.8 metres long;
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have the pit bull on the owners' enclosed property (or on the property occupied by another person who consents to the pit bull being there) when not in public;
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ensure the pit bull is not roaming at large as a stray;
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pit bulls on City property, including parks and leash free zones, are not permitted to be unleashed or without a muzzle; and
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comply with all Municipal By-laws relating to dogs.