EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 132 and does not form part of the law. Bill 132 has been enacted as Chapter 2 of the Statutes of Ontario, 2005.
Section 1 of the Bill amends the Dog Owners’ Liability Act to do the following:
1. Authorize the commencement of a proceeding against a dog owner where the dog poses a menace to the safety of persons or domestic animals or against a person who contravenes the Act, the regulations made under the Act or a court order made under the Act. (subsection 1 (6) of the Bill, section 4 of the Act)
2. Add to the orders that may or shall be made in those proceedings. (subsections 1 (10) to (14) of the Bill, sections 4 and 5 of the Act)
3. Except as permitted by the Act or regulations under it, in relation to pit bulls [defined in subsection 1 (2) of the Bill, section 1 of the Act], prohibit owning, breeding, transferring, abandoning, importing and training to fight. (subsection 1 (16) of the Bill, section 6 of the Act)
4. Provide an exception to the prohibition for “restricted pit bulls”. These are pit bulls owned by an Ontario resident when the Bill comes into force and pit bulls born in Ontario within 90 days of the Bill coming into force. Owners of restricted pit bulls must ensure compliance with the provisions of the Act and regulations relating to restricted pit bulls. (subsection 1 (16) of the Bill, section 7 of the Act)
5. Provide for controls on pit bulls. (subsection 1 (16) of the Bill, sections 8 to 11 of the Act)
6. Provide for search and seizure of dogs under a warrant, in exigent circumstances or, in specified circumstances, in a public place. (subsection 1 (16) of the Bill, sections 12 to 17 of the Act)
7. Provide for offences and penalties for contraventions of the Act, the regulations made under it and orders made under it. (subsection 1 (16) of the Bill, section 18 of the Act)
8. Provide for matters relating to proof as to whether a dog is a pit bull for the purposes of prosecutions for offences under the Act. (subsection 1 (16) of the Bill, section 19 of the Act)
9. Authorize the making of regulations respecting the control of pit bulls. (subsection 1 (16) of the Bill, section 20 of the Act)
Section 2 of the Bill makes related amendments to the Animals for Research Act with respect to the disposition of pit bulls under that Act. (section 2 of the Bill, sections 1 and 20 of the Act)
Sections 3 and 4 provide for commencement and short title.