Dog Owners' Liability Act

Interpretation

1 (1) In this Act, “owner”, when used in relation to a dog, includes a person who possesses or harbours the dog and, where the owner is a minor, the person responsible for the custody of the minor; (“propriétaire”) “pit bull” includes, (a) a pit bull terrier, (b) a Staffordshire bull terrier, (c) an American Staffordshire terrier, (d) an American pit bull terrier, (e) a dog that has an appearance and physical characteristics that are substantially similar to those of dogs referred to in any of clauses (a) to (d); (“pit-bull”) “pound” has the same meaning as in the Animals for Research Act; (“fourrière”) “regulation” means a regulation made under this Act. (“règlement”) R.S.O. 1990, c. D.16, s. 1; 2005, c. 2, s. 1 (2). Same (2) In determining whether a dog is a pit bull within the meaning of this Act, a court may have regard to the breed standards established for Staffordshire Bull Terrie…

Civil Liability

2 (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. R.S.O. 1990, c. D.16, s. 2 (1). Where more than one owner (2) Where there is more than one owner of a dog, they are jointly and severally liable under this section. R.S.O. 1990, c. D.16, s. 2 (2). Extent of liability (3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (3). Contribution by person at fault (4) An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other…

3 (1) Where damage is caused by being bitten or attacked by a dog on the premises of the owner, the liability of the owner is determined under this Act and not under the Occupiers’ Liability Act. R.S.O. 1990, c. D.16, s. 3 (1). Protection of persons or property (2) Where a person is on premises with the intention of committing, or in the commission of, a criminal act on the premises and incurs damage caused by being bitten or attacked by a dog, the owner is not liable under section 2 unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property. R.S.O. 1990, c. D.16, s. 3 (2).

Proceedings — Part IX of the Provincial Offences Act

4 (1) A proceeding may be commenced in the Ontario Court of Justice against an owner of a dog if it is alleged that, (a) the dog has bitten or attacked a person or domestic animal; (b) the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals; or (c) the owner did not exercise reasonable precautions to prevent the dog from, (i) biting or attacking a person or domestic animal, or (ii) behaving in a manner that poses a menace to the safety of persons or domestic animals. 2005, c. 2, s. 1 (6). Same (1.1) A proceeding may be commenced in the Ontario Court of Justice against a person if it is alleged that the person contravened a provision of this Act or the regulations or a court order made under this Act. 2005, c. 2, s. 1 (6). Nature of proceeding (1.2) Part IX of the Provincial Offences Act applies to a proceeding under this section. 2005, c. 2, s. 1 …

5 When, in a proceeding under section 4, the court finds that the dog has bitten or attacked a person or domestic animal or that the dog’s behaviour is such that the dog is a menace to the safety of persons or domestic animals, the court may make an order prohibiting the dog’s owner from owning another dog during a specified period of time. 2000, c. 26, Sched. A, s. 6; 2005, c. 2, s. 1 (14). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 6 - 06/12/2000 2005, c. 2, s. 1 (14) - 29/08/2005

Precautions by Dog Owners

5.1 The owner of a dog shall exercise reasonable precautions to prevent it from, (a) biting or attacking a person or domestic animal; or (b) behaving in a manner that poses a menace to the safety of persons or domestic animals. 2005, c. 2, s. 1 (15). Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1 (15) - 29/08/2005

Pit Bulls — Ban and Related Controls

6 Except as permitted by this Act or the regulations, no person shall, (a) own a pit bull; (b) breed a pit bull; (c) transfer a pit bull, whether by sale, gift or otherwise; (d) abandon a pit bull other than to a pound operated by or on behalf of a municipality, Ontario or a designated body; (e) allow a pit bull in his or her possession to stray; (f) import a pit bull into Ontario; or (g) train a pit bull for fighting. 2005, c. 2, s. 1 (16). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 6 - 06/12/2000 2005, c. 2, s. 1 (16) - 29/08/2005

7 (1) For the purposes of this Act, a pit bull is a restricted pit bull if, (a) it is owned by a resident of Ontario on the day subsection 1 (16) of the Public Safety Related to Dogs Statute Law Amendment Act, 2005 comes into force; or (b) it is born in Ontario before the end of the 90-day period beginning on the day subsection 1 (16) of the Public Safety Related to Dogs Statute Law Amendment Act, 2005 comes into force. 2005, c. 2, s. 1 (16). Same (2) Despite clause 6 (a), a person may own a pit bull if it is a restricted pit bull. 2005, c. 2, s. 1 (16). Controls on restricted pit bulls (3) A person who owns a restricted pit bull shall ensure compliance with the requirements set out in this Act and the regulations that relate to restricted pit bulls, within such time frames as are provided for those requirements in this Act or the regulations. 2005, c. 2, s. 1 (16). Section Amendments wi…

8 (1) Despite clause 6 (a), a pound may own a pit bull that is not a restricted pit bull for as long as is reasonably necessary to fulfil its obligations under the Animals for Research Act. 2005, c. 2, s. 1 (16). Same (2) Despite clause 6 (a), a research facility registered under the Animals for Research Act may own a pit bull that is not a restricted pit bull that is transferred to it under the Animals for Research Act. 2005, c. 2, s. 1 (16). Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1 (16) - 29/08/2005

9 (1) Despite clause 6 (c) and subject to the regulations, an owner of a restricted pit bull may transfer that pit bull by gift or bequest. 2005, c. 2, s. 1 (16). Same (2) No person who owned one or more pit bulls on the day subsection 1 (16) of the Public Safety Related to Dogs Statute Law Amendment Act, 2005 comes into force shall acquire a pit bull under subsection (1) after that day if the effect of the acquisition would be that the person owns more pit bulls after that day than on that day. 2005, c. 2, s. 1 (16). Same (3) No person who did not own a pit bull on the day subsection 1 (16) of the Public Safety Related to Dogs Statute Law Amendment Act, 2005 comes into force shall acquire more than one pit bull under subsection (1) after that day. 2005, c. 2, s. 1 (16). Same (4) The limits set out in subsections (2) and (3) do not apply to a pound operated by or on behalf of a municipal…

10 (1) For the purposes of clause 6 (f), an individual who leaves Ontario with a restricted pit bull and returns to Ontario with that pit bull within three months is not importing that pit bull into Ontario. 2005, c. 2, s. 1 (16). Same (2) For the purposes of clause 6 (f), an individual who owns a pit bull on the day referred to in clause 7 (1) (a) and is legally resident in Ontario on that day, but who is not present in Ontario on that day, is not importing a pit bull into Ontario if he or she returns to Ontario with that pit bull within three months of that day. 2005, c. 2, s. 1 (16). Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1 (16) - 29/08/2005

11 Despite section 14 of the Municipal Act, 2001 and section 11 of the City of Toronto Act, 2006, if there is a conflict between a provision of this Act or of a regulation under this or any other Act relating to pit bulls and a provision of a by-law passed by a municipality relating to pit bulls, the provision that is the most restrictive in relation to controls or bans on pit bulls prevails. 2005, c. 2, s. 1 (16); 2006, c. 32, Sched. C, s. 13. Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1 (16) - 29/08/2005 2006, c. 32, Sched. C, s. 13 - 01/01/2007

Search and Seizure

12 For the purposes of this Act, the following persons are peace officers: 1. A police officer, including a police officer within the meaning of the Community Safety and Policing Act, 2019, a special constable, a First Nation Officer and an auxiliary member of a police service. 2. A municipal law enforcement officer. 3. Repealed: 2019, c. 13, s. 74. 4. A public officer designated as a peace officer for the purposes of this Act. 2005, c. 2, s. 1 (16); 2019, c. 1, Sched. 4, s. 15; 2019, c. 13, s. 74; 2024, c. 2, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1 (16) - 29/08/2005 2018, c. 3, Sched. 5, s. 17 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 15 - 01/04/2024; 2019, c. 13, s. 74 - 01/01/2020 2024, c. 2, Sched. 4, s. 8 - 01/04/2024

13 (1) Subsection (2) applies where a justice of the peace is satisfied by information on oath or affirmation that there are reasonable grounds to believe that, (a) a dog is in any building, receptacle or place, including a dwelling house, other than in a pound operated by or on behalf of a municipality, Ontario or a designated body or in a research facility registered under the Animals for Research Act; and (b) it is not desirable in the interests of public safety that the dog be in that location. 2005, c. 2, s. 1 (16). Same (2) In the circumstances described in subsection (1), the justice of the peace may issue a warrant authorizing a peace officer named in the warrant to enter any building, receptacle or place, including a dwelling house, to search for and seize the dog and any muzzle, collar or other equipment for the dog. 2005, c. 2, s. 1 (16). Same (3) Without limiting the generali…

14 (1) Where the circumstances in clauses 13 (1) (a) and (b) exist and it would be impracticable to obtain a warrant because of exigent circumstances, a peace officer may exercise any of the powers of a peace officer described in section 13. 2005, c. 2, s. 1 (16). Same (2) In this section, exigent circumstances include circumstances in which the peace officer has reasonable grounds to suspect that entry into any building, receptacle or place, including a dwelling house, is necessary to prevent imminent bodily harm or death to any person or domestic animal. 2005, c. 2, s. 1 (16). Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1 (16) - 29/08/2005

15 (1) A peace officer may seize a dog in a public place if the officer believes on reasonable grounds that, (a) the dog has on one or more occasions bitten or attacked a person or domestic animal; (b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals; (c) an owner of the dog has on one or more occasions failed to exercise reasonable precautions to prevent the dog from, (i) biting or attacking a person or domestic animal, (ii) behaving in a manner that poses a menace to the safety of persons or domestic animals; (d) the dog is a restricted pit bull and an owner of the dog has on one or more occasions failed to comply with one or more of the requirements of this Act or the regulations respecting restricted pit bulls; (e) the dog is a pit bull other than a restricted pit bull; or (f) there is reason to believe that the…

16 A peace officer may use as much force as is necessary to execute a warrant issued under section 13 or to exercise any authority given by section 14 or 15. 2005, c. 2, s. 1 (16). Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1 (16) - 29/08/2005

17 A peace officer who seizes a dog under section 13, 14 or 15 shall promptly deliver the seized dog to a pound operated by or on behalf of a municipality, Ontario or a designated body. 2005, c. 2, s. 1 (16). Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1 (16) - 29/08/2005

Offences

18 (1) An individual who contravenes any provision of this Act or the regulations or who contravenes an order made under this Act or the regulations is guilty of an offence and liable, on conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or both. 2005, c. 2, s. 1 (16). Same (2) A corporation that contravenes any provision of this Act or the regulations or that contravenes an order made under this Act or the regulations is guilty of an offence and liable, on conviction, to a fine of not more than $60,000. 2005, c. 2, s. 1 (16). Same (3) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to make compensation or restitution in relation to the offence. 2005, c. 2, s. 1 (16). Section Amendments with date in force (d/m/y) 2005, c. 2, s. 1…

19 (1) A document purporting to be signed by a member of the College of Veterinarians of Ontario stating that a dog is a pit bull within the meaning of this Act is receivable in evidence in a prosecution for an offence under this Act as proof, in the absence of evidence to the contrary, that the dog is a pit bull for the purposes of this Act, without proof of the signature and without proof that the signatory is a member of the College. 2005, c. 2, s. 1 (16). Immunity (2) No action or other proceeding may be instituted against a member of the College of Veterinarians of Ontario for providing, in good faith, a document described in subsection (1). 2005, c. 2, s. 1 (16). Onus of proof (3) For greater certainty, this section does not remove the onus on the prosecution to prove its case beyond a reasonable doubt. 2005, c. 2, s. 1 (16). Note: On a day to be named by proclamation of the Lieute…

Regulations

20 (1) The Lieutenant Governor in Council may make regulations respecting the control of pit bulls. 2005, c. 2, s. 1 (16). Same (2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a) respecting leashing and muzzling of restricted pit bulls; (b) respecting the spaying or neutering of restricted pit bulls; (c) authorizing persons or other bodies specified in the regulations to pass and enforce by-laws governing pit bulls for the purposes of unorganized territory or specified parts of unorganized territory in the same ways that a municipality can pass and enforce by-laws governing pit bulls for the purposes of its geographic jurisdiction; (d) governing the presence in Ontario of pit bulls in connection with dog shows, including regulations providing for exemptions, subject to any restrictions specified in the regulations, from any…