Loading...
HomeMy WebLinkAboutCRPS-05-012 - Amendments to Provincial Dog Owners' Liability Act with respect to Pitbulls ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Mayor and Members of Council January 17, 2005 Jennifer Sheryer Jennifer Sheryer All January 10, 2005 CRPS-05-012 AMENDMENTS TO PROVINCIAL DOG OWNERS' LIABILITY ACT WITH RESPECT TO PITBULLS RECOMMENDATION: That Council direct staff to accept the province's invitation to make oral and/or written presentation to the provincial Standing Committee on Bill 132, Public Safety Related to Dogs Statute Law Amendment Act; And further that a Committee be established for the purpose of presenting to the provincial Standing Committee on Bill 132 Public Safety Related to Dogs Statute Law Amendment Act, this Committee to consist of representatives from City Council and the legal department and may also include a representative from the Kitchener-Waterloo and North Waterloo Humane Society should it wish to participate. EXECUTIVE SUMMARY: The proposed provincial legislation regarding ownership of pitbulls in the province of Ontario will impact the City's by-law respecting dogs. The City should consider accepting the province's invitation to present to a standing committee on this legislation. BACKGROUND: If passed, Bill 132 entitled "Public Safety Related to Dogs Statute Law Amendment Act" will amend the provincial Dog Owners' Liability Act and prohibit pitbulls in the Province of Ontario. This bill went for second reading on December 9,2004 and the motion for second reading of the bill was passed by a large majority. The bill was then referred to a standing committee and the City received an invitation to participate in the process on January 10, 2005. If the City wishes to comment orally on the Bill and its impact on us, the City must respond to the province no later than 12:00 pm on January 19, 2005. If the City wishes to make written submissions the province will accept them up to 5:00 pm on February 3, 2005. REPORT: Bill 132 is in a draft stage at present. The Bill will likely undergo change as a result of the Standing Committee's participation and input received. If the City wishes to influence the way this legislation goes it will need to participate in the process by presenting to the standing committee either orally or through written submissions. The City may also wish to contact the City of Waterloo to discuss our presentation as we may have some interests in common. The present draft of the legislation would make extensive changes to the Dog Owners' Liability Act with some of the changes and impacts to the City summarized below. Definition of oitbull The proposed provincial definition of "pit bull" includes pit bull terriers, Staffordshire bull terriers, American Staffordshire terriers, American pit bull terriers, and any member of a class of dogs that have an appearance and physical characteristics that are substantially similar to the dogs referred to above. This definition is quite different from the City's definition. The province's definition would include purebred Staffordshire bull terriers and purebred American Staffordshire Terriers which are excluded from our definition. The province's definition does not clearly state whether mixed breed would be included. The definition also is unclear on what physical characteristics would cause a dog of a different breed to be included within the pitbull definition. The City will need to choose between keeping our present definition and being inconsistent with the province or amending our definition to be consistent with the province's thus potentially including many more dogs. Transfer of oitbulls and arandfatherina The City's current by-law does not prohibit the transfer of ownership of pitbulls. In fact, dogs designated as pitbulls are often transferred outside of the City to avoid euthanization. The provincial legislation does not allow the owner of a pitbull to transfer their dog in most cases so pitbulls designated as prohibited by the City would have to be euthanized. Pitbulls that are restricted under the City's by-law will no longer be transferable. Grandfatherina Our current by-law does not recognize the province's proposed grandfathered status for existing pitbulls when the legislation comes into effect. The provincial legislation would therefore not prohibit all of the pitbulls prohibited under our by-law. The draft legislation specifically states that a provision of a municipal by-law will prevail to the extent that it is more restrictive in relation to controls or bans on pitbulls than the provincial legislation. Consequently an owner whose pitbull is prohibited in Kitchener but grandfathered under the provincial legislation would no longer have the option of transferring ownership of the dog to another person outside of Kitchener. Enforcement Perhaps the most significant proposed change is the designation of municipal law enforcement officers as peace officers for the purposes of the Dog Owners' Liability Act. This will presumably allow our MLEOs to lay charges under the Act. It is not clear who will be responsible for the enforcement of the Act. This is especially true in Kitchener where the City has taken a very proactive approach in the pitbull matter. Along with the question of enforcement comes the question of cost of enforcement. If the City chooses to enforce all of the provisions of the Act with respect to pitbulls as per the provincial definition, increased enforcement costs can be expected. FINANCIAL IMPLICATIONS: If the amending legislation is passed as is and the municipality chooses to take an active approach in enforcing it, increased enforcement costs can be expected. COMMUNICATIONS: N/A CONCLUSION: It will be important for the City to make a contribution to the standing committee on this proposed legislation if we wish the province to address our concerns. JENNIFER SHERYER Assistant City Solicitor