Protection of Livestock and Poultry from Dogs Act

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Sections47

• 1Definitions

  1 In this Act, “fur-bearing animal” means an animal designated by name as a fur-bearing animal in the Fur Farms Act or declared to be a fur-bearing animal in the regulations made thereunder; (“animal à fourrure”) “injured” in respect of livestock or poultry means injured by wounding, worrying or pursuing, and “injury” has a corresponding meaning; (“blessé”, “blessures”) “livestock” means cattle, fur-bearing animals, goats, horses, rabbits, sheep or swine; (“bétail”) “Minister” means the Minister of Agriculture, Food and Rural Affairs or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”) “poultry” includes game birds where game birds are kept pursuant to a licence under the Fish and Wildlife Conservation Act, 1997. (“volaille”) R.S.O. 1990, c. L.24, s. 1; 1994, c. 27, s. 28 (1-3); 1997, c. 41, s. 121; 19…

• 1.
• 1.1Director

  1.1 The Minister may appoint a director who shall be responsible to him or her for the administration and enforcement of this Act. 1994, c. 27, s. 28 (4). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 28 (4) - 09/12/1994

• [s2]

  PART I PROTECTION OF LIVESTOCK AND POULTRY

• PART I PROTECTION OF LIVESTOCK AND POULTRY
• 2When dogs may be killed

  2 Any person may kill a dog, (a) that is found killing or injuring livestock or poultry; (b) Repealed: 2002, c. 17, Sched. F, Table. (c) that is found straying at any time, and not under proper control, upon premises where livestock or poultry are habitually kept. R.S.O. 1990, c. L.24, s. 2; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 2.
• 3Liability of municipality

  3 (1) Where a dog kills or injures livestock or poultry, the local municipality in which the killing or injury occurred is liable to the owner of the livestock or poultry for the amount of damages that is determined under section 4 and shall pay over the amount to the owner within 30 days of the determination. 2010, c. 16, Sched. 1, s. 4 (4). Where subs. (1) does not apply (2) Subsection (1) does not apply, (a) to livestock or poultry killed or injured while running at large upon a highway or unenclosed land; or (b) in the case of poultry, where the weight of the poultry killed or injured is less than twenty-five kilograms. R.S.O. 1990, c. L.24, s. 3 (2). By-law for damage by wild animals (3) The council of a local municipality may pass a by-law providing that where livestock or poultry are killed or injured by wild animals in the municipality, subsection (1) applies in the same manner a…

• 3.
• 4Appointment of valuers

  4 (1) The council of every local municipality shall appoint one or more persons as valuers of livestock and poultry for the purposes of this Act. R.S.O. 1990, c. L.24, s. 4 (1). Investigation and report by valuer (2) Where the owner of livestock or poultry discovers that any of the owner’s livestock or poultry has been killed or injured and to the best of the owner’s knowledge and belief such killing or injuring was done by a dog other than the owner’s dog or habitually kept upon the owner’s premises, the owner shall immediately notify a valuer for the local municipality in which the livestock or poultry were killed or injured or the clerk of such municipality who shall forthwith notify a valuer, and such valuer shall immediately make full investigation and shall make a report in writing within ten days thereafter to the clerk of the municipality giving in detail the extent and amount of…

• 4.
• 5Right of recovery from owner of dog

  5 A local municipality having paid to the owner of livestock or poultry the amount of the damage ascertained under section 4 is entitled to recover the amount so paid from the owner of the dog that did the damage in any court of competent jurisdiction without proving that it was vicious or accustomed to worry livestock or poultry. R.S.O. 1990, c. L.24, s. 5.

• 5.
• 6Inquiry to ascertain owner of dog

  6 (1) The council of a municipality may conduct an inquiry in order to ascertain the owner of a dog that has killed or injured livestock or poultry within the municipality. R.S.O. 1990, c. L.24, s. 6 (1). Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under subsection (1). 2009, c. 33, Sched. 6, s. 65. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 65 - 01/06/2011

• 6.
• 7Apportionment of damage

  7 Where it appears that the damage was caused by more dogs than one, the council may apportion the damage in such manner as is considered just having regard to the strength, ferocity and character of such dogs. R.S.O. 1990, c. L.24, s. 7.

• 7.
• 8Duty to destroy dog

  8 (1) The owner of a dog who has knowledge that the dog has killed or injured livestock or poultry shall destroy the dog or cause the dog to be destroyed within forty-eight hours after acquiring such knowledge. R.S.O. 1990, c. L.24, s. 8 (1). Failure to destroy dog (2) An owner of a dog who refuses or neglects to destroy it when required so to do by subsection (1) may be summoned before a provincial judge who may order the dog to be destroyed, and for the purpose of carrying out the order a constable may enter upon the premises of the owner and destroy the dog, and the provincial judge may, in addition to any other penalty provided by this Act, direct the owner of the dog to pay the cost of the proceedings and of the destruction of the dog. R.S.O. 1990, c. L.24, s. 8 (2).

• 8.
• 9Liability of owner in unorganized territory

  9 (1) Where in territory without municipal organization livestock or poultry are killed or injured by a dog, the owner of the dog is liable to the owner of the livestock or poultry for the amount of the damage, and it is not necessary in an action to recover the amount of such damage to prove that the dog was vicious or accustomed to worry livestock or poultry. R.S.O. 1990, c. L.24, s. 9 (1). (2)-(16) Repealed: 2010, c. 16, Sched. 1, s. 4 (12). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 28 (5) - 09/12/1994 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 4 (12) - 01/07/2011

• 9.
• 10Repealed

  10 Repealed: 2010, c. 16, Sched. 1, s. 4 (13). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 28 (5) - 09/12/1994 2010, c. 16, Sched. 1, s. 4 (13) - 01/07/2011

• 10.
• 11Repealed

  11 Repealed: 1994, c. 27, s. 28 (6). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 28 (6) - 09/12/1994

• 11.
• 12Repealed

  12 Repealed: 2010, c. 16, Sched. 1, s. 4 (13). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 28 (7) - 09/12/1994 2010, c. 16, Sched. 1, s. 4 (13) - 01/07/2011

• 12.
• 13Repealed

  13 Repealed: 2010, c. 16, Sched. 1, s. 4 (13). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 28 (8) - 09/12/1994; 1994, c. 27, s. 60 - 01/04/1995 2006, c. 19, Sched. A, s. 13 (1, 2) - 22/06/2006 2010, c. 16, Sched. 1, s. 4 (13) - 01/07/2011

• 13.
• 14Repealed

  14 Repealed: 2010, c. 16, Sched. 1, s. 4 (13). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 4 (13) - 01/07/2011

• 14.
• 15Offence

  15 Every person who contravenes this Part is guilty of an offence and on conviction is liable to a fine of not more than $50. R.S.O. 1990, c. L.24, s. 15.

• 15.
• 16Regulations

  16 The Minister may make regulations prescribing maximum amounts for livestock and poultry or any species or class thereof for the purposes of subsection 4 (14). 2010, c. 16, Sched. 1, s. 4 (14). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 4 (14) - 01/07/2011

• 16.
• 16. #18
• 17Repealed

  17 Repealed: 2010, c. 16, Sched. 1, s. 4 (15). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 28 (9) - 09/12/1994 2010, c. 16, Sched. 1, s. 4 (15) - 01/07/2011

• PART II DAMAGE TO HONEY BEE COLONIES BY BEARS
• [s19]

  PART III LIMITATION ON AMOUNT OF COMPENSATION

• 17.
• 18Amount of payment limited

  18 Subject to subsection 4 (14), if compensation is payable under this Act, the amount payable shall not exceed the market value of the livestock or poultry at the time of the death, injury or damage in respect of which payment is made. 2010, c. 16, Sched. 1, s. 4 (16). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 4 (16) - 01/07/2011

• PART III LIMITATION ON AMOUNT OF COMPENSATION
• 18.
• 19Reduction in market value by reason of insurance

  19 If an owner receives an amount under a contract of insurance by reason of the death of or injury to livestock or poultry for which compensation is payable under this Act, for the purpose of calculating the amount of compensation, the market value of the livestock or poultry shall be deemed to be reduced by that amount. 2010, c. 16, Sched. 1, s. 4 (16). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 4 (16) - 01/07/2011 ______________

• 19.
• 18. #23
• 19. #25