R.R.O. 1990, Reg. 23: POUNDS

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Animals for Research Act

R.R.O. 1990, REGULATION 23

POUNDS

Consolidation Period: From November 1, 2021 to the e-Laws currency date.

Last amendment: 735/21.

Legislative History: 178/92, 108/09, 735/21.

This is the English version of a bilingual regulation.

1. In this Regulation,

“anaesthetic” means a procedure that causes the loss of sensation of pain in the whole or any part of the body of an animal and “anaesthesia” and “anaesthetize” have corresponding meanings; (“anesthésique”, “anesthésie”, “anesthésier”)

“communal” means containing more than one animal; (“commun”)

“environment” means the total of all the conditions and elements that make up the surroundings of an individual animal; (“environnement”)

“euthanasia” means the deliberate infliction of an intended death upon an animal; (“euthanasie”)

“intraperitoneal” means delivered into the abdominal cavity; (“intrapéritonéal”)

“intravenous” means delivered into a vein; (“intraveineux”)

“sanitize” means to clean for the purpose of controlling disease-producing organisms and “sanitized” has a corresponding meaning; (“désinfecter”, “désinfecté”)

“vermin” means an animal the presence of which may be harmful to the health, comfort or welfare of an animal in a pound. (“ravageurs”)  R.R.O. 1990, Reg. 23, s. 1.

2. Every pound shall,

(a) be located in a place free from conditions that might injuriously affect the sanitary operation of the pound; and

(b) be constructed in such manner that it is capable of being maintained in a sanitary condition.  R.R.O. 1990, Reg. 23, s. 2.

3. Every part of a pound that is adjacent to any building that is part of a pound shall be maintained in a neat and orderly condition free of refuse, debris and vermin.  R.R.O. 1990, Reg. 23, s. 3.

4. (1) This section applies to,

(a) every room that is used for the housing of dogs or cats or that is occupied at any time by a dog or cat in a pound; and

(b) every room that is used for storing feed, bedding or waste or for the preparation of food in a pound.  R.R.O. 1990, Reg. 23, s. 4 (1).

(2) Floors shall be,

(a) soundly constructed of hard, durable material;

(b) impervious to water;

(c) constructed of a material that may be readily sanitized; and

(d) maintained in a good state of repair from cracks, holes and other damage.  R.R.O. 1990, Reg. 23, s. 4 (2).

(3) Where there are floor drains,

(a) a floor drain and any trench installed in connection therewith that is used for waste disposal shall be flushed at such intervals as may be necessary to prevent any accumulation of waste that might impair the health or welfare of any dog or cat in the room;

(b) the floor shall be so constructed and maintained that surface liquids thereon will drain into the drain; and

(c) the operator of the pound shall cause the drains to be examined as often as is necessary to ensure that they are functioning properly, have an adequate water seal and are not harbouring vermin.  R.R.O. 1990, Reg. 23, s. 4 (3).

(4) Walls shall be,

(a) soundly constructed of hard, durable material;

(b) impervious to water to a height adequate for sanitary maintenance;

(c) constructed of a material that may be readily sanitized; and

(d) maintained in a good state of repair free from cracks, holes and other damage.  R.R.O. 1990, Reg. 23, s. 4 (4).

(5) Where there is a door,

(a) every frame or moulding around the door opening shall be so constructed and maintained that it has no space or spaces capable of harbouring vermin; and

(b) the door shall be maintained in a good state of repair free from cracks, holes and other damage.  R.R.O. 1990, Reg. 23, s. 4 (5).

(6) Where it is not practicable to sanitize any equipment that is in the room unless it is removed from the room, the opening of at least one door in the room shall be of sufficient size to permit the removal of the equipment from the room.  R.R.O. 1990, Reg. 23, s. 4 (6).

(7) Where there is a window,

(a) every frame or moulding around the window opening shall be so constructed and maintained that it has no space or spaces capable of harbouring vermin;

(b) means shall be provided to prevent the effects of direct sunlight through the window;

(c) the window shall be so constructed and maintained as to prevent the entrance of vermin through the window; and

(d) the window shall be maintained in a good state of repair free from cracks, holes and other damage.  R.R.O. 1990, Reg. 23, s. 4 (7).

(8) Roofs and ceilings shall be,

(a) soundly constructed; and

(b) maintained in a good state of repair free from cracks, holes and other damage.  R.R.O. 1990, Reg. 23, s. 4 (8).

(9) Where any pipe, drain, conduit or other service facility is installed through any floor, wall or ceiling, the place where the pipe, drain, conduit or other service facility enters or leaves the room shall be so sealed as to prevent the entrance of vermin into the room.  R.R.O. 1990, Reg. 23, s. 4 (9).

(10) Alleyways and service aisles between cages or pens shall be of sufficient width to permit the safe and efficient movement of persons and equipment and shall not be used for storage or accumulation of materials or equipment of any kind.  R.R.O. 1990, Reg. 23, s. 4 (10).

(11) Every room in a pound shall be maintained in a clean condition.  R.R.O. 1990, Reg. 23, s. 4 (11).

(12) The operator of every pound shall take all reasonable steps to prevent the spread of and to destroy vermin and invertebrates that may be harmful to the health, comfort or welfare of any dog or cat in the pound.  R.R.O. 1990, Reg. 23, s. 4 (12).

5. (1) Every room that is used for the housing of dogs or cats within a pound shall be equipped with a lighting system that is so designed, constructed and maintained that,

(a) it distributes light as evenly and with as little glare as possible; and

(b) it provides adequate light for the proper observation of every animal in the room.  R.R.O. 1990, Reg. 23, s. 5 (1).

(2) Every room that is used for the housing of dogs or cats within a pound shall be adequately lighted for a continuous period or at least eight hours in every twenty-four hour period.  R.R.O. 1990, Reg. 23, s. 5 (2).

6. Every room that is used for the housing of dogs or cats within a pound shall at all times be adequately ventilated for the health, welfare and comfort of every dog or cat therein.  R.R.O. 1990, Reg. 23, s. 6.

7. Every room that is used for the housing of dogs or cats within a pound shall at all times be maintained at a temperature suitable for the health, welfare and comfort of every dog or cat therein.  R.R.O. 1990, Reg. 23, s. 7.

8. (1) The operator of every pound shall ensure that there is, in every day, on the premises on which the pound is located, an adequate number of persons competent in the care of dogs and cats to properly care for every dog or cat in the pound.  R.R.O. 1990, Reg. 23, s. 8 (1).

(2) Subject to subsection (3), the operator of every pound shall post or cause to be posted a notice in a conspicuous location outside the pound stating the hours and days on which the pound is open to persons who wish to claim any dogs or cats impounded therein and every pound shall be open for such purpose at least once in every day while there is a dog or cat in the pound.  R.R.O. 1990, Reg. 23, s. 8 (2).

(3) A pound may remain closed on a holiday and on one day in every week that is not a holiday.  R.R.O. 1990, Reg. 23, s. 8 (3).

(4) Where a pound remains closed on a day that is not a holiday, every unexpired redemption period for any dog or cat in the pound on that day is extended by one day.  R.R.O. 1990, Reg. 23, s. 8 (4).

9. Only persons competent to handle dogs and cats shall handle dogs or cats in a pound.  R.R.O. 1990, Reg. 23, s. 9.

10. (1) Every dog or cat in a pound shall be identified by a neckband, individual tag, physical mark or a tag or marking on the cage in which the dog or cat is kept.  R.R.O. 1990, Reg. 23, s. 10 (1).

(2) The operator of every pound shall maintain within the pound a record of every animal in the pound and shall preserve the record within the pound for at least two years from the date that the animal was last in the pound and the record shall include:

(a) the sex of the animal;

(b) the estimated age and weight of the animal;

(c) the colour, markings and any physical abnormalities of the animal;

(d) the breed or type of the animal;

(e) a record of the circumstances under which the animal came to be in the pound;

(f) the time, date and place where the animal was found;

(g) the date and time at which the animal arrived at the pound;

(h) a record of any tag, name plate or other means of identification on the animal when it came into the pound;

(i) where the animal is returned to its owner, the name and address of the owner and the date of return;

(j) where the animal is sold or disposed of by gift, the name and address of the person to whom it was sold or disposed of and a statement of the purpose of the sale or disposal;

(k) where the animal is sold to the operator of a research facility, the name and address of the research facility and evidence of the sale;

(l) where the animal is destroyed, the date on which it is destroyed and a statement setting out the clause of subsection 20 (7) of the Act under which the animal is destroyed.  R.R.O. 1990, Reg. 23, s. 10 (2).

11. Every cage or pen used in a pound for the housing of dogs or cats shall be so constructed and maintained that,

(a) every animal in the cage or pen may comfortably,

(i) extend its legs to their full extent,

(ii) stand,

(iii) sit,

(iv) turn around, and

(v) lie down in a fully extended position;

(b) it is not likely to harm any animal therein;

(c) any animal therein cannot readily escape therefrom;

(d) it minimizes as nearly as practicable the transfer of pathogenic agents; and

(e) it may be readily sanitized.  R.R.O. 1990, Reg. 23, s. 11.

12. Where a group of dogs or cats in a pound is housed in a communal cage, pen or dog run no individual dog or cat, as the case may be, shall be placed in the cage, pen or dog run with the group of dogs or cats where the placing of the individual dog or cat would result in harm to any of the dogs or cats and, where the behavior of the dogs or cats in the cage, pen or dog run is such that harm is likely to result, any dog or cat whose removal will prevent the harm from occurring shall forthwith be removed.  R.R.O. 1990, Reg. 23, s. 12.

13. (1) This section applies to all pens or cages in every pound.  R.R.O. 1990, Reg. 23, s. 13 (1).

(2) Litter or bedding material in every cage or pen shall be changed as often as is necessary to keep it dry, clean and free of noxious fumes.  R.R.O. 1990, Reg. 23, s. 13 (2).

(3) Pens or cages and collecting pans for the collecting of excreta and waste shall be clean and any excreta or waste therein removed as often as is necessary for the health and comfort of every dog or cat therein.  R.R.O. 1990, Reg. 23, s. 13 (3).

(4) Every dog or cat that is housed in a cage or pen shall be removed from its cage or pen and changed to a freshly sanitized cage or pen as often as is necessary for its health and comfort.  R.R.O. 1990, Reg. 23, s. 13 (4).

(5) No dog or cat shall be placed in a cage or pen that is vacant and of which it has not been the last occupant unless the cage or pen and equipment used in connection therewith have first been sanitized.  R.R.O. 1990, Reg. 23, s. 13 (5).

(6) Where a cage is cleaned or sanitized, the cage rack or portion thereof used in connection with the cage shall be cleaned or sanitized at the same time.  R.R.O. 1990, Reg. 23, s. 13 (6).

(7) Every animal shall be protected against liquid spray while a cage or pen is being cleaned.  R.R.O. 1990, Reg. 23, s. 13 (7).

(8) Every device used to supply drinking water to a dog or cat shall be maintained in a sanitary condition and shall be so constructed and maintained as to ensure,

(a) that the dog or cat is receiving water; and

(b) that the device is functioning properly.  R.R.O. 1990, Reg. 23, s. 13 (8).

(9) Every container for food or water shall be maintained in a sanitary condition.  R.R.O. 1990, Reg. 23, s. 13 (9).

14. (1) Every dog or cat in a pound shall be supplied with food of a type and in amounts nutritionally adequate for the dog or cat and that is palatable and free from contamination.  R.R.O. 1990, Reg. 23, s. 14 (1).

(2) Food and water for a dog or cat in a pound shall be provided in containers or devices that may be readily sanitized and that do not interfere with the activities referred to in clause 11 (a) and food shall not be placed directly on the floor of the cage or pen in which the dog or cat is located.  R.R.O. 1990, Reg. 23, s. 14 (2).

(3) Every dog or cat in a pound shall be supplied with adequate amounts of potable water.  R.R.O. 1990, Reg. 23, s. 14 (3).

(4) Where a dog or cat is fed with perishable food the remnants of the food shall be removed from the cage or pen every day.  R.R.O. 1990, Reg. 23, s. 14 (4).

15. (1) In every pound, waste materials and excreta shall be collected and disposed of in a sanitary manner.  R.R.O. 1990, Reg. 23, s. 15 (1).

(2) In any pound, the carcass of an animal shall be,

(a) forthwith removed from its cage or pen; and

(b) except for the whole or a part of the carcass that is retained in a sanitary manner for research, forthwith disposed of by,

(i) burying it with a covering of at least two feet of earth,

(ii) incineration, or

(iii) delivery to a disposal facility as defined in Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001.  O. Reg. 108/09, s. 1.

(3) Revoked:  O. Reg. 108/09, s. 1.

16. In any pound, the operator thereof shall take or cause to be taken all steps practicable to treat and prevent the spread of any disease found in any animal and to prevent distress to any animal.  R.R.O. 1990, Reg. 23, s. 16.

17. (1) Every cat housed in a pound shall be supplied with litter material for the collection of excreta and waste.  R.R.O. 1990, Reg. 23, s. 17 (1).

(2) Every communal cage and pen used for the housing of cats in a pound shall be equipped with resting perches so constructed and maintained as to provide clean, dry and safe surfaces of sufficient size to permit the cats to lie down in comfort and the resting perches shall not all be at the same height.  R.R.O. 1990, Reg. 23, s. 17 (2).

18. (1) Where a dog has been housed for twenty-one days in a cage that is not at least twice the height of the dog measured to the point of the withers and the dog has not had reasonable daily access to an exercise area outside of the cage, the dog shall be housed in a cage or pen that is at least twice the height of the dog measured to the point of the withers.  R.R.O. 1990, Reg. 23, s. 18 (1).

(2) Every pen used for the housing of dogs in any pound shall be so constructed and maintained as to provide a clean, dry and safe surface adequate to permit the dogs to lie down in comfort at all times.  R.R.O. 1990, Reg. 23, s. 18 (2).

19. An outdoor dog run in a pound may be used to provide dogs in the pound with exercise subject to the following conditions:

1. No dog shall be removed from indoor housing and placed in the outdoor dog run or removed from the outdoor dog run and placed in indoor housing where to do so would result in a change in environment likely to cause harm to the dog.

2. The surface on which the dog run is established shall be so maintained as to rapidly drain all excess surface water.

3. The dog run shall be so fenced as to prevent any dog from escaping.

4. The dog run shall be kept in a clean condition free from any materials or equipment likely to cause harm to a dog.

5. Every dog in the dog run shall have access to a shelter that is,

(a) readily accessible to the dog;

(b) large enough to comfortably accommodate all of the dogs in the dog run;

(c) so constructed and maintained as to provide protection from the effects of direct sunlight, precipitation and wind; and

(d) that is dry and well drained.  R.R.O. 1990, Reg. 23, s. 19.

20. (1) Where euthanasia is carried out with respect to any dog or cat in a pound, it shall be carried out,

(a) by a person or persons properly trained in the euthanasia procedure to be used;

(b) in such manner that the death of the dog or cat occurs without unnecessary pain, delay or discomfort; and

(c) in a manner that does not endanger or disturb other animals in the pound.  R.R.O. 1990, Reg. 23, s. 20 (1).

(2) No person shall use an euthanasia procedure with respect to any dog or cat in a pound unless it is a procedure that is permitted under section 21 or 22 and that is carried out with equipment of a type and used in a manner approved by the Director.  R.R.O. 1990, Reg. 23, s. 20 (2).

21. (1) This section applies to euthanasia of dogs or cats other than by the use of chemicals.  R.R.O. 1990, Reg. 23, s. 21 (1).

(2) The following euthanasia procedures are permitted:

1. In the case of dogs, killing by means of a captive bolt pistol.

2. Shooting by means of a firearm.

3. Exsanguination, but only where the animal is completely anaesthetized prior to and during the procedure.

4. In the case of dogs, electrocution.  R.R.O. 1990, Reg. 23, s. 21 (2).

22. (1) This section applies to euthanasia of dogs or cats by the use of chemicals.  R.R.O. 1990, Reg. 23, s. 22 (1).

(2) The following euthanasia procedures are permitted:

1. Administration of barbiturates intravenously or intraperitoneally.

2. Slow intravenous administration of Hoechst Pharmaceutical product T-61.

3. Administration of chloral hydrate intravenously.

4. Administration of ether by inhalation.

5. Administration of carbon dioxide by inhalation.

6. Administration of chloroform by inhalation.

7. Administration of carbon monoxide by inhalation but only where substantially all impurities have been removed therefrom and the temperature of the carbon monoxide does not exceed 25 degrees centigrade.  R.R.O. 1990, Reg. 23, s. 22 (2).

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. O. Reg. 735/21, s. 1.

(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. O. Reg. 735/21, s. 1.

(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. O. Reg. 735/21, s. 1.

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. O. Reg. 735/21, s. 1.

(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. O. Reg. 735/21, s. 1.

(3) The owner of the dog shall comply with the conditions set out in subsection (2). O. Reg. 735/21, s. 1.

(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. O. Reg. 735/21, s. 1.

(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. O. Reg. 735/21, s. 1.

 

 

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