O. Reg. 157/05: PIT BULL CONTROLS

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Dog Owners’ Liability Act

ONTARIO REGULATION 157/05

Pit Bull Controls

Consolidation Period:  From August 29, 2005 to the e-Laws currency date.

Last amendment: 434/05.

Legislative History: 434/05.

This is the English version of a bilingual regulation.

General

Control of pit bulls

1. (1) Subject to subsections (2) and (3), an owner of a restricted pit bull shall ensure that the pit bull is at all times equipped with a muzzle and secured by a leash in accordance with subsection (5).  O. Reg. 157/05, s. 1 (1).

(2) Subsection (1) does not apply when a pit bull is within enclosed property occupied by the owner of the pit bull.  O. Reg. 157/05, s. 1 (2).

(3) When a pit bull is within enclosed property occupied by a person who consents to the pit bull being off leash or off muzzle, subsection (1) does not apply to the extent of that consent.  O. Reg. 157/05, s. 1 (3).

(4) For the purposes of subsections (2) and (3), a pit bull is within enclosed property when the property is enclosed in a way that can be relied on to prevent the pit bull from breaking out of the property.  O. Reg. 157/05, s. 1 (4).

(5) For the purposes of subsection (1), a pit bull shall be equipped with a muzzle and secured by a leash in accordance with the following rules:

1. The pit bull shall be fitted with a collar or harness that is properly fitted to and placed on the dog.

2. The movement of the pit bull shall be controlled by a person by means of a leash attached to the collar or harness on the pit bull.

3. The leash is not more than 1.8 metres in length and is attached to the collar or harness.

4. The collar or harness, the leash and the attachment between the leash and the collar or harness are all strong enough to prevent the pit bull from breaking any of them.

5. The mouth of the pit bull is covered by a muzzle that is humane and that is 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.  O. Reg. 157/05, s. 1 (5).

(6) Every owner of a pit bull shall ensure that the requirements of this section are complied with on and after the day that is 60 days after the day on which this Regulation comes into force.  O. Reg. 157/05, s. 1 (6).

Sterilization

2. (1) Subject to subsections (2) and (3), every owner of a restricted pit bull shall ensure that the pit bull is sterilized by a veterinarian on or before the day that is 60 days after the day on which this Regulation comes into force.  O. Reg. 157/05, s. 2 (1).

(2) If the effect of subsection (1) would be to require sterilization of a pit bull before it reaches the age of 36 weeks, every owner of the pit bull shall instead ensure that it is sterilized on or before the day on which it reaches that age.  O. Reg. 157/05, s. 2 (2).

(3) An owner of a restricted pit bull is exempt from complying with subsection (1) if, in the written opinion of a veterinarian, the pit bull is physically unfit to be anaesthetized because of old age or infirmity.  O. Reg. 157/05, s. 2 (3).

(4) If a veterinarian gives a written opinion based on infirmity, the veterinarian shall state, in the written opinion, whether, in his or her opinion, the infirmity may not be permanent.  O. Reg. 157/05, s. 2 (4).

(5) Where the veterinarian states that an infirmity may not be permanent, he or she shall specify, in the written opinion, a date by which the owner should have the pit bull re-examined by a veterinarian to determine whether the pit bull is fit to be anaesthetized.  O. Reg. 157/05, s. 2 (5).

(6) An exemption based on a written opinion that specifies a date under subsection (5) ends on that date, but a further written opinion under subsection (3) may be sought in respect of the pit bull on or before that date.  O. Reg. 157/05, s. 2 (6).

(7) In this section,

“veterinarian” means a member of the College of Veterinarians of Ontario.  O. Reg. 157/05, s. 2 (7).

Interpretation

2.1 Nothing in section 4, 5, 7 or 8 of this Regulation shall be interpreted as a limit on the prohibition, in clause 6 (b) of the Act, against breeding pit bulls.  O. Reg. 434/05, s. 1.

Dog Shows and Flyball Tournaments

Approved dog shows

3. (1) In this section and sections 4 and 5,

“dog show” includes a conformation show, an agility trial, an obedience trial, a tracking test and an earth dog test but does not include a flyball tournament as defined in section 6.  O. Reg. 157/05, s. 3 (1); O. Reg. 434/05, s. 3.

(2) For the purposes of sections 4 and 5, a dog show is an approved dog show if it is an event, whether held in Ontario or elsewhere, that is sanctioned, in writing, by one or more of the following dog registries:

1. The Canadian Kennel Club.

2. The United Kennel Club.

3. The American Kennel Club.

4. The American Dog Breeders Association.  O. Reg. 157/05, s. 3 (2).

Exemptions, restricted pit bulls

4. (1) The exemptions set out in subsection (3) apply in respect of restricted pit bulls within the meaning of subsection 7 (1) of the Act, as long as the conditions set out in subsection (2) are met.  O. Reg. 157/05, s. 4 (1).

(2) The following are the conditions referred to in subsection (1):

1. The restricted pit bull is registered as a Staffordshire bull terrier, an American Staffordshire terrier or an American pit bull terrier with one or more of the dog registries named in subsection 3 (2).

2. The owner of the restricted pit bull has given written notice to one of the dog registries named in subsection 3 (2) stating the owner’s intention that the restricted pit bull participate in approved dog shows.

3. Except in the circumstances described in paragraph 4, the restricted pit bull has participated in at least one approved dog show during the 365-day period ending on the day this Regulation comes into force.

4. In the case of a restricted pit bull that was unborn or below the age of 36 weeks on the day this Regulation comes into force, the pit bull has participated in at least one approved dog show during the period ending on the day on which the pit bull reaches the age of 36 weeks.

5. The restricted pit bull has participated in an approved dog show at least once in every 365-day period since the dog’s first participation in such a show during the period that applies to the pit bull under paragraph 3 or 4, as the case may be.  O. Reg. 157/05, s. 4 (2).

(3) The following are the exemptions referred to in subsection (1):

1. The requirements of subsections 1 (1), (5) and (6) do not apply while the pit bull is on the site of and participating in an approved dog show.

2. The requirements of section 2 do not apply.  O. Reg. 157/05, s. 4 (3).

Exemptions, pit bulls not owned by Ontario residents

5. (1) The exemptions set out in subsection (3) apply in respect of pit bulls that are not owned by a resident of Ontario, as long as the conditions set out in subsection (2) are met.  O. Reg. 157/05, s. 5 (1).

(2) The following are the conditions referred to in subsection (1):

1. The pit bull is registered as a Staffordshire bull terrier, an American Staffordshire terrier or an American pit bull terrier with one or more of the dog registries named in subsection 3 (2).

2. The owner of the pit bull has given written notice to one of the dog registries named in subsection 3 (2) stating the owner’s intention that the pit bull participate in approved dog shows.

3. Beginning on the day on which this Regulation comes into force, the pit bull has not been present in Ontario except during 14-day periods that include an approved dog show in which the pit bull participated.

4. Beginning on the day on which this Regulation comes into force, the pit bull has not been imported into Ontario more than 14 days preceding an approved dog show in Ontario in which the pit bull was registered.  O. Reg. 157/05, s. 5 (2); O. Reg. 434/05, s. 4 (1).

(3) The following are the exemptions referred to in subsection (1):

1. Subsections 1 (1), (5) and (6) do not apply while the pit bull is on the site of and participating in an approved dog show.

2. Section 2 does not apply.

3. Clause 6 (a) of the Act does not apply during the 14-day periods mentioned in paragraph 3 of subsection (2).

4. Clause 6 (f) of the Act does not apply if the pit bull is imported into Ontario within the 14-day period mentioned in paragraph 4 of subsection (2).  O. Reg. 157/05, s. 5 (3); O. Reg. 434/05, s. 4 (2).

Flyball tournaments

6. In sections 7 and 8,

“flyball tournament” means a dog flyball tournament, whether held in Ontario or elsewhere, that is sanctioned, in writing, by the North American Flyball Association.  O. Reg. 434/05, s. 5.

Exemptions, restricted pit bulls

7. (1) The requirements of subsections 1 (1), (5) and (6) do not apply in respect of a restricted pit bull within the meaning of subsection 7 (1) of the Act while the pit bull is on the site of and participating in a flyball tournament, as long as the conditions set out in subsection (2) are met.  O. Reg. 434/05, s. 5.

(2) The following are the conditions referred to in subsection (1):

1. The restricted pit bull is registered with the North American Flyball Association.

2. The owner of the restricted pit bull has given written notice to the North American Flyball Association stating the owner’s intention that the restricted pit bull participate in a flyball tournament.

3. The restricted pit bull has participated in at least one flyball tournament during the 365-day period ending on the day this Regulation comes into force.

4. The restricted pit bull has participated in a flyball tournament at least once in every 365-day period since the dog’s first participation in such an event during the period that applies to the pit bull under paragraph 3.  O. Reg. 434/05, s. 5.

Exemptions, pit bulls not owned by Ontario residents

8. (1) The exemptions set out in subsection (3) apply in respect of pit bulls that are not owned by a resident of Ontario, as long as the conditions set out in subsection (2) are met.  O. Reg. 434/05, s. 5.

(2) The following are the conditions referred to in subsection (1):

1. The pit bull is registered with the North American Flyball Association.

2. The owner of the pit bull has given written notice to the North American Flyball Association stating the owner’s intention that the pit bull participate in a flyball tournament.

3. Beginning on the day on which this Regulation comes into force, the pit bull has not been present in Ontario except during seven-day periods that include a flyball tournament in which the pit bull participated.

4. Beginning on the day on which this Regulation comes into force, the pit bull has not been imported into Ontario more than seven days preceding a flyball tournament in Ontario in which the pit bull was registered.  O. Reg. 434/05, s. 5.

(3) The following are the exemptions referred to in subsection (1):

1. Subsections 1 (1), (5) and (6) do not apply while the pit bull is on the site of and participating in a flyball tournament.

2. Clause 6 (a) of the Act does not apply during the seven-day periods mentioned in paragraph 3 of subsection (2).

3. Clause 6 (f) of the Act does not apply if the pit bull is imported into Ontario within the seven-day period mentioned in paragraph 4 of subsection (2).  O. Reg. 434/05, s. 5.

Maximum days

9. Despite the exemption from clause 6 (a) of the Act provided by sections 5 and 8, no person shall permit a pit bull to which the exemption would apply to be present in Ontario for more than 14 consecutive days.  O. Reg. 434/05, s. 5.

 

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