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The Corporation of The Township of Adjaja-Tosorontio
By-Law No. 2024-078
A By-law to Provide for the Licensing and Regulation of Kennels within the
Geographical Boundaries of the Township of Adjala-Tosorontio and to
Repeal By-law 05-08
WHEREAS Section 11, of the Municipal Act, S.O. 2001, c.25, as amended,
authorizes municipalities to pass by-laws to regulate animals;
AND WHEREAS Section 151 of the Municipal Act, S.O. 2001, c.25, as amended,
authorizes a municipality to license, regulate and govern businesses within the
municipality;
AND WHEREAS Council for the Township deems it expedient to regulate the
keeping of dogs within the Township of Adjala-Tosorontio;
AND WHEREAS Council deems it desirable to license, regulate, govern the
business of kennels;
NOW THEREFORE the Council of Township of Adjala-Tosorontio hereby
ENACTS AS FOLLOWS:
SHORT TITLE
This By-law shall be known as the Kennel By-law.
1. DEFINITIONS
For the purpose of this By-law, the following definitions shall apply;
1.1. Applicant means any person that has a license under this by-law, any
person that applies to the Township for a license or renewal of a license
under this by-law and any person whose license under this by-law is being
considered for revocation or suspension;
1.2 Boarding Kennel means a building in which 4 or more dogs are
maintained or cared for, for renumeration or otherwise up to a maximum
number based on the facility design for primary enclosure space as
defined in the Code of Practice in Canadian Kennel Operations;
1.3. Breeding Kennel means a building in which 4 or more dogs are bred
registered with the Canadian Kennel Club up to a maximum number
based on the facility design for the primary enclosure space as defined in
the Code of Practice in Canadian Kennel Operations;
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.14
1.15
1.16
Clerk means the Clerk of the Township of Adjala-Tosorontio;
Council means the Council of the Corporation of the Township of Adjala-
Tosorontio;
Dog means any domesticated canine, male or female, whether neutered
or spayed, over ninety days from birth;
Dwelling Unit means a room or suite of rooms used or intended to be
used as a domicile by one or more person and usually containing cooking,
eating, living, sleeping and sanitary facilities;
Enclosure means areas where a dog is contained and may include an
inside or outside area;
Foster Kennel means a building which 4 or more dogs are maintained or
cared up to a maximum number based on the facility design for primary
enclosure space as defined in the Code of Practice in the Canadian
Kennel Operations and is operated by a registered Charity Organization
or Non-Profit Organization;
Kennel means a detached structure where a minimum of four (4) dogs are
housed, boarded, bred, trained, sold or kept and which is licensed by the
Township. For the purpose of this By-law a Kennel shall not include a
building, structure or place utilized for the purposes of keeping or
maintenance of a guide dog or veterinary clinic;
License means a license issued pursuant to this By-law;
Licensee means the holder of a Kennel license who is the owner of the
property;
Officer means the By-law Enforcement Officer authorized by the Council
of the Township for the purposes of enforcement of Township by-laws and
shall also include his or her designate and may include Canine Control
Officers, including the, Officers of the Ontario Provincial Police, and
officers of the Provincial Animal Welfare services;
Owner means a person who keeps, harbours or who has custody of a
dog, and, in the case of a minor, includes the person responsible for the
custody of the minor;
Property Owner means the registered legal owner of the land on which
the Kennel is located or proposed Kennel may be located;
Township means the Corporation of the Township of Adjala-Tosorontio;
1.17 Veterinary Clinic means a building or part thereof wherein animals of all
kinds are treated or kept for treatment by a registered veterinarian within
the meaning of Provincial legislation and includes facilities where dogs can
be temporarily boarded while undergoing treatment.
2. PROHIBITIONS
2.1
a)
b)
In the Township no person shall:
carry on the business of Kennel except in accordance with the provisions
set out in this by-law;
carry on the business of a Kennel without a license to do so issued under
this By-law;
be issued a Kennel License without having paid the required fees for the
license as set out in Townships Fees and Charges By-law;
operate a Kennel at a location other than for which a license is issued
under this By-law;
operate a Kennel under any other name than the one endorsed on the
license issued under this By-law;
hold themselves out as being licensed to carry on a business of a Kennel
if the person is not so licensed;
transfer or assign a license issued under this By-law;
obtain a license by providing mistaken, false or incorrect information; and
obtain a license having been convicted under the Criminal Code of
Canada for animal abuse or had charges under the Dog Owner's Liability
Act (DOLA) R.S.O. 1990, c. D.16 or the Ontario Society for the Prevention
of Cruelty to Animals Act (OSPCA R.S.O. 1990, c. 0.36.
3. LICENSING REQUIREMENTS
3.1
3.2
The license shall be taken out annually and renewal fees as prescribed by
the Township Fees and Charges By-law are required no later than January
30th of each year following a mandatory annual inspection.
Before licensing any Kennel, or renewing an existing Kennel License, the
Township shall require the applicant to complete the prescribed application
form, payment of the required annual fee in accordance with the Township
Fees and Charges By-law and evidence satisfactory to the Clerk or
designate that the Kennel is being or shall be operated, within the standards
and conditions as set out within this by-law.
3.3
3.4
3.5
Every person who owns or operates a kennel shall permit a Canine Control
Officer, By-law Enforcement Officer upon production of proper identification,
to enter and inspect the Kennel at all reasonable times for the purpose of
determining compliance with the license and the provisions of this By-law or
any other by-laws of the municipality applicable to a Kennel.
A Kennel must comply with all applicable by-laws and regulations within the
Township.
A license to operate a Kennel shall be subject to such terms and conditions
set out in the license and no person shall operate a Kennel except in
accordance with the terms and conditions of the Kennel license issued by
the Township. Notwithstanding the provisions of this By-law, the Township
may attach a condition to a kennel license limiting the number of dogs which
may be kept in the kennel.
4. LOCATION REQURIEMENTS
4.1
No person shall operate a Kennel except in accordance with the Township
Zoning By-law.
4.2 A Kennel and all associated structures must meet the setbacks as
prescribed by the Township Zoning By-law.
5. FENCING REQUIREMENTS
5.1
Every person owning or operating a Kennel shall comply at all times with the
following fencing standards:
a) outdoor runs shall be completely enclosed with no less than 12 gauge
chain link fencing, or material of equal strength;
b) all fencing used must be a minimum of 1.82 m (6 ft) in height; and
c) all fencing associated with a Kennel must be constructed in
accordance with the setbacks prescribed in the Township Zoning By-
law.
6. KENNEL HOUSING REQUIREMENTS
6.4
Every person owning or operating a kennel shall comply at all times with the
following standards:
a) the maximum number of dogs to be kept in a Kennel shall not exceed
the limits of design for the primary enclosure suitability as outlined in
the Code of Practice for Canadian Kennel operations by the Canadian
Veterinary Medical Association, as amended;
b) the Kennel building shall be a fully enclosed separate building and
shall not be attached to any building used or capable of being used for
human habitation.
c) dogs shall be housed in an individual enclosure, with the exception, in
the case of a Boarding Kennel, where the dog owner expresses a
specific desire for their dogs to be housed together and it would not be
deemed inhumane to do.
d) every Kennel shall be always maintained in a clean and sanitary
condition which shall include the removal of excrement, refuse and
debris a minimum of twice daily, or as often as required.
e) the primary enclosure within the Kennel building shall have:
i. natural and electric lighting.
ii. | windows which may be opened for proper ventilation.
ili. hot and cold running water.
iv. heating and cooling source with thermostat; and
v. _ whelping areas shall be separated from other areas of the
kennel.
6.2 Every person who owns or operates a Kennel shall comply with the
recommendations set out in “A Code of Practice for Canadian Kennel
Operations”, Canadian Veterinary Medical Association, 2018 or the most
recent version of said document.
7. APPLICATION PROCEDURE
7.1 Every applicant applying for a new license for a Kennel shall submit the
following documentation to the Clerk or designate:
a) documentation, satisfactory to the Clerk or designate, that the
applicant is the property owner of the land at the location;
b) fully completed application form;
c) the appropriate license fee in accordance with the Township Fees and
Charges By-law;
d) conformation from the Planning Department that the property upon
which the Kennel will operate is in compliance with the Township
Zoning By-law;
e)
g)
h)
))
the original results of a criminal information request which shall
determine whether the applicant has been convicted of any federal,
provincial or municipal law pertaining to animal cruelty;
a site plan drawing to scale approved by the Township, including but
not limited to, the location of all buildings or structures on the subject
property, including the location of all buildings, structures, dog runs,
waste containment, or facilities to be used for kennel. The primary
housing shall include floor plan layout with room uses identified and
the measurements of each of the rooms. The site plan shall also
specify the distance separating the Kennel from all property lines as
well as all the buildings and their existing use situated on the adjacent
properties;
a list of all dogs to be permanently kept at the subject property noting
verification of current rabies vaccination (except where there is proof
that the dog is under four (4) months of age);
Boarding Kennel applicants must provide proof of insurance by way of
certificate of insurance showing a minimum limit of two million dollars
($2,000,000) in commercial general liability;
Breeding Kennels applicants must provide proof of valid membership
in the Canadian Kennel Club, or any other association incorporated
under the Animal Pedigree Act Canada (Canada) R.S.C. 1985 c.; and
Foster Kennel applicants must be registered with the CRA as a non-
profit charity.
8. REGULATIONS FOR LICENSEES
8.1 General Licensee’s Responsibilities
Every licensee shall at all times:
a)
b)
post the license in a conspicuous place at the fixed place of the
business;
notify the Clerk or designate within seven (7) days of any changes in
his or her business or residential address; and
before any dog is taken into any Kennel, all Kennels shall inspect such
dog for contagious or infectious disease. Should any Kennel have an
outbreak of any such disease, the Kennel may be closed at any time
by the Officer or any other person appointed by the Township or
authorized by Provincial statute for such purpose.
8.2 Records
Every licensee shall record and keep available for inspection by the Township
during business hours:
a)
b)
c)
d)
e)
g)
the names and addresses of the owners of all the dogs boarded at the
kennel;
emergency contact number for the owners of the dogs;
name, breed, description, health, dog license number, vaccination
information and micro-chip number, if applicable;
the dates of arrival and departure of all dogs;
the breeding and identification records of all whelping bitches/queens,
stud dogs, and resulting litter records;
i. No bitch or queen shall be mated if it is less than 18 months old;
ii. No bitch or queen shall give birth to more than six (6) litters; and
iii. | No bitch or queen shall have more than two (2) litters per
licensing year up to twelve (12) weeks of age.
Such records shall be kept for a minimum of twenty-four (24) months
after the canine has left the kennel; and shall ensure the records are
available for inspection by Township staff.
All kennels shall maintain written policies on dog care and Kennel
operation that shall include procedures for illness, injury, death,
transportation, and emergency phone numbers which shall be posted
and accessible to Kennel staff at all times.
9. EXEMPTIONS
9.1 No license shall be required for:
an animal shelter operated by or on behalf of the Township, or a public
authority;
a publicly funded educational institute;
an animal shelter operated by a branch or affiliate of the Ontario
Society for the Prevention of Cruelty to Animals;
a veterinary hospital, clinic, office or veterinary service lawfully
operated and supervised by a veterinarian licensed to practice in
Ontario;
a facility in which dogs are placed for care pursuant to the Pounds Act,
R.S.O. 1990, c. P.17; and
f)
a location or premises in the Township where the dog(s) at that
location are individually licensed with a dog tag and owned by a person
residing at the property, only where there number of dogs kept is not
more than three (3).
9.2 Existing Kennels
a)
b)
c)
Any Kennel that lawfully existed prior to the effective date of this by-law
shall be deemed to comply with this By-law and may be maintained or
repaired to the same location, height and dimensions as previously
existed.
Notwithstanding the above, where an existing kennel is replaced or
substantially altered, the replacement and or, alteration shall be
constructed in accordance with this by-law.
Annual Renewal Fees shall apply to existing Kennels in accordance
with the Township Fees and Charges.
10. REVOCATION AND SUSPENSION
10.1 The Clerk or designate may suspend a license if the licensee fails to
comply with any provision of this By-law and such non-compliance is not
remedied within the given timeframe, following notice from the Township
specifying the particulars of the noncompliance, and has the authority to
revoke the license if necessary.
11. ENFORCEMENT
11.1 Inspection
a)
b)
An Officer, upon producing the appropriate identification, may enter on
to land and inspect any lands to determine whether the provisions of
this by-law, an order, or notice issued under this By-law or a condition
of the licence issued under this By-law have been complied with.
For the purposes of an inspection, an officer may:
i. require the production for inspection of any document or things
relevant to the inspection;
ii. inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
iii. require information from any person concerning a matter related
to the inspection;
iv. alone, or in conjunction with a person possessing special or
expert knowledge make examination or take tests, samples or
photographs necessary for the purposes of the inspection; and
v. upon request, a licensee shall provide an officer with medical
reports for any dog.
c) No person shall withhold, destroy, conceal or refuse to furnish any
information or thing required by an officer for the purposes of an
inspection.
d) No person shall prevent, hinder or interfere or attempt to prevent,
hinder or interfere with an inspection undertaken by an officer.
e) The Clerk, Officer and other agencies as the Clerk or officer deem
necessary may at any reasonable time inspect:
i. any premises or place where a business which is subject to this
By-law is carried on or where there are reasonable or probable
grounds to believe a business is being carried out on;
ii. any goods, equipment, book, record or documents used or to be
used by the licensee in relation to a license issued under this
By-law.
11.2 Obstruction
a) No Person shall hinder or obstruct, or attempt to hinder or obstruct,
any person who is exercising a power or performing a duty under this
By-law.
11.3 Offence and Penaity
a) It shall be an offence to obstruct or permit the obstruction of such
inspection.
b) Every person who contravenes any provision of this By-law is guilty of
an offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. c. P. 33
c) Every person who contravenes any of the provisions of this By-law,
and every director of a corporation who concurs in such contravention
by the corporation is guilty of an offence and on conviction liable to a
maximum penalty of $25,000 for a first offence and $50,000 for any
subsequent offence.
d) Where a corporation is convicted of an offence under this By-law, the
maximum penalty is $50,000 for a first offence and $100,000 for any
subsequent offence.
e) On conviction, a person may be liable:
i. Upon a first conviction, to a fine of not less than $100.00 and
not more than $50,000.00;
ii, | Upon a second or subsequent conviction for the same offence,
to a fine of not less than $400.00 and not more than
$100,000.00;
iii. | Upon conviction for a continuing offence, to a fine of not less
than $100.00 and not more than $10,000 for each day or part of
a day that the offence continues. The total of the daily fines may
exceed $100,000.00;
iv. Upon conviction of a multiple offence, for each offence included
in the multiple; and
v. Upon offence, to a fine of not less than $100.00 and not more
than $10,000.00. The total of all fines for each included offence
is not limited to $100,000.00.
11.4 Collection of Unpaid Fines
a)
Pursuant to Section 441 of the Municipal Act, if any part of a fine for a
contravention of a business licensing by-law remains unpaid after the
fine becomes due and payable under section 66 and 69 of the
Provincial Offences Act, RSO 1990, c.p.33, including any extension of
time for payment ordered under that section, the Clerk or designate
may give the person against whom the fine was imposed a written
notice specifying the amount of the fine payable and the final date on
which it is payable, which shall be not less than 21 days after the date
of the notice. If the fine remains unpaid after the final date specified on
the notice, the fine is deemed to be unpaid taxes purposes of section
351 of the Municipal Act and may be added to the person’s tax roll and
collected in the same manner as property taxes.
12. SEVERABILITY
a)
b)
c)
If any section or sections of this By-law, or parts thereof are found by
any court of competent jurisdiction to be illegal or beyond the power of
the Township to enact, such section or sections or parts thereof shall
be deemed to be severable from this By-law and all remaining sections
or parts of this By-law shall be deemed to be separate and
independent therefrom and to be properly enacted and to be of full
force and effect.
In the event of a conflict between any provision of this by-law and any
applicable Act or regulation, the provision that is the most restrictive
prevails.
THAT Schedule “A” Part 1 Provincial Offences Act, attached hereto
shall form part of this By-law.
ENACTMENT
THAT the provisions of this By-law shall take full force and effect on the day of its
passing.
THAT notwithstanding anything contrary to the rules of procedure, this By-law be
introduced and read a first and second time and be considered read a third time
and finally passed this 11th day of December, 2024.
SC rr—
Scott W. Anderson, Mayor
Robin Reid, Clerk
Schedule “A” to By-law 2024-078
PART 1 PROVINCIAL OFFENCES ACT
PAGE 1
TOWNSHIP OF ADJALA-TOSORONTIO
BY-LAW 2024-078 — “KENNEL BY-LAW”
A By-law to Provide for the Licensing and Regulation of Kennels within the Geographical Boundaries of the Township of
Adjala-Tosorontio and to Repeal By-law 05-08
Column 2 Column 3
Column 1 Provision Creating Set Fine
Item Short Form Wording or Defining Offence
1. Operate a Kennel without a Licence 2.1 (b) $400.00
NOTE: The penalty provisions for offences listed above are Section 11.3(b) of By-law 2024-078, certified copy of which
has been filed.