O. Reg. 735/21: POUNDS

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ontario regulation 735/21

made under the

Animals for Research Act

Made: November 1, 2021
Filed: November 1, 2021
Published on e-Laws: November 1, 2021
Printed in The Ontario Gazette: November 20, 2021

Amending Reg. 23 of R.R.O. 1990

(POUNDS)

1. Regulation 23 of the Revised Regulations of Ontario, 1990 is amended by adding the following sections:

23. (1) This section applies if,

(a)  either,

(i)  the operator of a pound believes it has possession of a pit bull but has not yet made a final decision under subsections 20 (7.2) to (7.4) of the Act that the dog is a pit bull, or

(ii)  the operator has made such a decision but has not yet done everything it is required to do under subsection 20 (7.4) of the Act; and

(b)  the owner of the dog indicates to the operator that the owner disagrees that the dog is a pit bull.

(2) The operator of the pound shall not make a final decision described in subclause (1) (a) (i) or do anything described in subclause (1) (a) (ii) before the later of,

(a)  if the dog is released to its owner under section 24, the day that is four months after the day the dog was released to the owner;

(b)  the day that is four months after the day the owner of the dog indicated that they disagreed that the dog is a pit bull;

(c)  the day that is four months after November 1, 2021; and

(d)  if the owner of the dog commences a proceeding against the operator of the pound in relation to the dog before the later of the days described in clauses (a), (b) and (c), the day the proceeding is concluded.

(3) For greater certainty, this section applies even if,

(a)  the operator of the pound took possession of the dog before this section came into force; or

(b)  the indication, referred to in clause (1) (b), that the owner of the dog disagrees that the dog is a pit bull, was given to the operator before this section came into force.

24. (1) If the operator of a pound is prohibited under subsection 23 (2) with respect to a dog, the operator shall release the dog to its owner if,

(a)  the owner requests the release;

(b)  such damages, fines and expenses as are required by law are paid;

(c)  the owner agrees to the conditions set out in subsection (2); and

(d)  the operator does not know of any documented instance in which the dog attacked or bit a person or domestic animal and the operator does not have a record or report from a veterinarian stating that, in the opinion of the veterinarian, the dog would pose a menace to the safety of persons or domestic animals.

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

1.  The owner of the dog shall ensure that the dog does not have contact with the general public and is not allowed to escape.

2.  The owner of the dog shall ensure that the dog is kept inside the residence of the owner or such person as the owner designates, except as follows:

i.  The dog may be allowed in an outdoor area for exercise and elimination activities in accordance with paragraph 5.

ii.  The dog may be taken to a veterinarian in accordance with paragraph 7.

3.  The owner of the dog shall ensure that persons do not have contact with the dog except as follows:

i.  Contact with a person who is familiar with the dog, including children, is allowed.

ii.  Contact with an adult who is not familiar with the dog is allowed but the owner shall ensure that such contact is appropriately limited and managed.

4.  The owner of the dog shall ensure that barriers, doors or other methods are used,

i.  to prevent the dog from escaping, and

ii.  to appropriately limit and manage contact with any visitors to the residence where the dog is kept.

5.  For exercise and elimination activities under subparagraph 2 i, the dog may be allowed in,

i.  an outdoor area to which the occupants of the residence where the dog is kept have exclusive access if,

A.  the outdoor area has a fence or other barrier that prevents the dog from escaping, and

B.  any gate into the outdoor area is locked when the dog is in the outdoor area, or

ii.  any outdoor area if the dog is leashed and muzzled in accordance with paragraph 9.

6.  The owner of the dog shall ensure that the dog is given exercise at least once a day in accordance with subparagraph 2 i.

7.  The dog may be taken to a veterinarian under subparagraph 2 ii if,

i.  the dog is being taken to the veterinarian to receive care or treatment that is required for the health and welfare of the dog, including preventative care or treatment, and

ii.  the veterinarian or the veterinarian’s staff are informed that special care must be taken to ensure the dog is controlled and not allowed to escape.

8.  If the dog is transported, its owner shall ensure that the dog is transported securely in a way that ensures that the dog cannot escape and that during transportation either the dog is in an enclosed, secure carrier or the dog is leashed and muzzled in accordance with paragraph 9.

9.  For the purposes of subparagraph 5 ii and paragraph 8, the dog shall be equipped with a muzzle and secured by a leash in accordance with the following rules:

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

ii.  The movement of the dog shall be controlled by a person by means of a leash attached to the collar or harness on the dog.

iii.  The leash shall not be more than 1.8 metres in length and shall be attached to the collar or harness.

iv.  The collar or harness, the leash and the attachment between the leash and the collar or harness shall all be strong enough to prevent the dog from breaking any of them.

v.  The mouth of the dog shall be covered by a muzzle that is humane and that is strong enough and well-fitted enough to prevent the dog from biting, without interfering with the breathing, panting or vision of the dog or with the dog’s ability to drink.

10.  The owner of the dog shall permit an inspector, on reasonable notice from the inspector, to enter the residence where the dog is kept to inspect the premises or, if the dog is kept at the residence of a person the owner designates, the owner shall ensure that that person permits an inspector, on reasonable notice from the inspector, to enter the residence to inspect the premises.

11.  If the operator of the pound was prohibited under subsection 23 (2) with respect to a dog and, after the end of the period during which the prohibition applies, makes a final decision described in subclause 23 (1) (a) (i) or decides that it should do something described in subclause 23 (1) (a) (ii), the owner of the dog shall, on being notified of the decision, promptly deliver the dog to the pound.

(3) The owner of the dog shall comply with the conditions set out in subsection (2).

(4) If a dog is released to its owner under this section, the operator of the pound shall notify the Director, in writing, of the release and of the owner’s name, address and contact information.

(5) If the operator of a pound is prohibited under subsection 23 (2) from making a final decision described in subclause 23 (1) (a) (i), subsection 20 (7.2) of the Act continues to apply despite the dog being released to its owner.

Commencement

2. This Regulation comes into force on the day it is filed.

 

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