Bill 161 2004

An Act to amend the
Dog Owners' Liability Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  Section 1 of the Dog Owners' Liability Act is amended by adding the following definition:

"severe physical injury" means a physical injury to a person that results in muscle tears or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery. ("préjudice physique grave")

2.  The Act is amended by adding the following section:

Mandatory destruction of vicious dogs

4.1  (1)  If, in a proceeding under section 4, the court finds that the dog, in an unprovoked attack, has inflicted a severe physical injury on a person or has killed a person, the court shall declare that the dog is a vicious dog and order that the owner of the dog destroy it in the manner specified in the order.

Meaning of provocation

(2)  An attack by a dog that inflicts a severe physical injury on a person or that kills a person is not unprovoked if, at the time of the attack,

(a) the person was wilfully trespassing or committing another wilful tort on the premises occupied by the dog's owner;

(b) the person was committing or attempting to commit an offence against the Criminal Code (Canada);

(c) the person was teasing, tormenting, abusing or assaulting the dog; or

(d) the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

3.  Section 5 of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 26, Schedule A, section 6, is amended by adding the following subsection:

Mandatory order for vicious dogs

(2)  If, in a proceeding under section 4, the court has declared that the dog is a vicious dog, the court shall make an order prohibiting the dog's owner from owning another dog until at least the tenth anniversary of the making of the declaration has occurred or for whatever longer period of time is specified in the order.

4.  Section 7 of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 26, Schedule A, section 6, is amended by adding the following subsection:

Same, vicious dog

(2)  An owner of a dog who contravenes an order made under subsection 4.1 (1) is guilty of an offence and, despite anything in this Act, is liable on conviction to a fine of not more than $60,000 or to imprisonment for a term of not more than two years, or to both.

Commencement

5.  This Act comes into force on the day it receives Royal Assent.

Short title

6.  The short title of this Act is the Dog Owners' Liability Amendment Act, 2004.

EXPLANATORY NOTE

The Bill amends the Dog Owners' Liability Act.

If a court finds that a dog, in an unprovoked attack, has inflicted a severe physical injury on a person or has killed a person, the court shall declare that the dog is a vicious dog and shall order that the owner of the dog destroy it in the manner specified in the order and be prohibited from owning another dog for a period of at least 10 years. An attack is not considered unprovoked if the person attacked was wilfully trespassing or committing another wilful tort on the premises occupied by the dog's owner, was committing or attempting to commit a crime or was teasing, tormenting, abusing or assaulting the dog or if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.