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The Corporation of The Municipality of Hastings Highlands
Bylaw 2021-037
A Bylaw to Prohibit or Otherwise Regulate the Keeping of Certain Animals
Within The Municipality of Hastings Highlands
Whereas pursuant to the Municipal Act, S.O. 2001, c.25 as amended, empowers councils of a
local municipality to pass bylaws to regulate or prohibit the keeping of animals or any class
thereof within the municipality or defined area thereof;
And Whereas pursuant to Sections 11 (2) and (3) of the Municipal Act, 2001, S.O. 2001, c.25,
a lower tier municipality may pass bylaws respecting the health, safety and well-being of
persons, protection of persons and property, consumer protection and animals;
And Whereas Section 425 of the Municipal Act, 2001, authorizes a municipality to pass
bylaws providing that a person who contravenes a bylaw of the municipality is guilty of an
offence;
And Whereas Section 429 (1) of the Municipal Act, 2001, S.0., 2001, c.25, as amended,
provides that a municipality may establish a system of fines for offences under a bylaw of the
municipality passed under this Act;
And Whereas Section 434.1 (1) of the Municipal Act, 2001, S.0., 2001, c.25, as amended,
provides that a municipality may require a person, subject to such conditions as the
municipality considers appropriate, to pay an administrative penalty if the municipality is
satisfied that the person has failed to comply with a by-law of the municipality passed under
this Act;
And Whereas Section 436 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that the
municipality has the power to pass bylaws authorizing the power of entry for the purpose of
inspecting land to determine compliance with a bylaw, direction, order, or condition of licence;
And Whereas Section 444 of the Municipal Act, 2001, authorizes a municipality to make
orders if a municipality is satisfied that a contravention of a bylaw of the municipality passed
under the Municipal Act has occurred, requiring the person who contravened the bylaw or who
caused or permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity;
And Whereas Section 445 of the Municipal Act, 2001, provides that if a municipality is
satisfied that a contravention of a bylaw of the municipality passed under the Municipal Act has
occurred, the municipality may make an order requiring the person who contravened the bylaw
or who caused or permitted the contravention or the owner or occupier of the land on which the
contravention occurred to do work to correct the contravention;
And Whereas Section 446 of the Municipal Act, 2001 authorizes a municipality through bylaw
to require, in default of a required matter or thing being done, that the work may be done by
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the municipality at the expense of the person required to do it and costs may be added to the
tax rolls and collected in the same manner as taxes;
And Whereas it has been deemed necessary to prevent a nuisance by restricting or
prohibiting certain animals in certain areas and further to protect the health and safety of the
public from certain animals;
Now Therefore The Council of The Municipality of Hastings Highlands Enacts As
Follows:
SECTION 1 - GENERAL
1.1 This bylaw shall be known and cited as the "Exotic Animal Bylaw" and shall apply to the
whole geographic limits of the Municipality of Hastings Highlands. In the text of this bylaw,
it is referred to as "this bylaw".
1.2 Schedules attached to this bylaw form a part of the bylaw.
SECTION 2 - DEFINITIONS
2.1 Animal Control Officer
"Animal Control Officer" means an animal control officer employed by the Municipality of
Hastings Highlands.
2.2 Attack
"Attack" shall mean physical contact that results in scratches, lacerations, punctures,
bleeding, bone breakage or other physical damage to a person or animal, or punctures,
rips, tears or other damage to clothing worn by a person.
2.3 Council
"Council" means the Council of the Corporation of the Municipality of Hastings Highlands.
2.4 Dangerous animal
"Dangerous animal" shall mean any animal that is, or is deemed to be, potentially harmful
to humans due to their nature, aggressiveness, size, strength, speed, physical attributes,
such as sharp teeth, and claws, venom or toxins and that require specifically designed
enclosures to ensure safekeeping, including but not limited to animals listed in Schedule A
of this bylaw.
2.5 Domesticated animal
"Domesticated animal" is an animal that has been selectively bred and genetically adapted
over many generations for particular physical and behavioural traits that make them
amenable to living alongside humans and which make them genetically distinct from their
wild ancestors or cousins.
2.6 Enclosure or Enclosures
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"Enclosure" shall mean any cage, pen, container, or structure that prevents animals from
leaving a premises as defined herein and prevents contact between those animals and
persons and other animals. The Enclosure or Enclosures require compliance with
Provincial Animal Welfare Services (PAWS) standards and Provincial standards.
2.7 Grandfathered
"Grandfathered" means the lawful keeping of any animal currently prohibited under the
provisions of this bylaw provided such animal was lawfully kept within the municipality
prior to the prohibition.
2.8 Municipality
"Municipality" shall mean the Municipality of Hastings Highlands.
2.9 Officer
"Officer" means a Municipal Bylaw Enforcement Officer, Police Officer, or Animal Control
Officer.
2.10 Pet business
"Pet business" shall mean any establishment, business or person engaged in the retail
sale of animals.
2.11 Professional standards
"Professional standards" mean professional standards for animal housing, husbandry,
care, safety, handling, transport and other areas that have been established by reputable
professional zoo and sanctuary bodies and which are generally considered to be
authoritative statements in their industry.
2.12 Prohibited or Exotic animal
"Prohibited animal" or "Exotic animal" shall mean any animal listed in Schedule A of this
bylaw.
2.13 Proof
"Proof' means documentation signed by a qualified veterinarian attesting to the age of the
animal together with purchase documents, such purchase documents being in an original
form and identifying the animal, the name and address of the pet store or person from
whom the animal was purchased, the date the animal was purchased, the purchase price,
and the name and address of the purchaser, or medical records identifying the animal, the
name and address of the qualified veterinarian administering such medical services and
the dates such services were administered, including the date of commencement of such
care of the animal. Such records must clearly establish that the applicant owned the
animal in question prior to the date of passage of a bylaw to otherwise prohibit the keeping
of such animal and further that the owner and animal resided in the Municipality at such
time.
2.14 Safekeeping
"Safekeeping" shall mean the provision of enclosures, security and other measures that
prevent an animal from attacking or injuring a person, domesticated animals or other
animals or exposing same to infection or disease.
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2.15 Wildlife exhibit
"Wildlife exhibit" means a place where animals are kept in captivity, for regular or
occasional display, to persons, for any purpose, and where the animals and such persons
are physically segregated from each other by fixed barriers, whether or not an admission
fee is charged or donations are accepted.
SECTION 3 - GENERAL PROVISIONS
3.1 Exotic animals prohibited or dangerous
Except as provided in Article 4, no person shall possess, harbour or keep any animal set
out in Schedule "A" attached to and forming part of this bylaw.
3.2 Pet businesses
Pet Businesses shall not keep, offer, give, sell, breed or trade animals listed in Schedule A
of this bylaw.
SECTION 4- GRANDFATHERED ANIMALS
4.1 Remove or register exotic animals
Any person who possesses, harbours or keeps a prohibited exotic animal shall remove the
Exotic animal, or make application and provide to the Municipality Proof that the animal
was lawfully owned prior to the prohibition, within 90 days of a prohibition of the keeping of
an animal. Upon being satisfied that the animal was lawfully owned prior to the prohibition,
the Municipality or designate may deem the animal to be "grandfathered" and enter such
information pertaining to the animal and its owner into a registry of grandfathered animals.
A grandfathered animal may be kept until it has died or has otherwise been disposed of.
4.2 Identification of grandfathered animals
All grandfathered animals must be identifiable by photographs and a description of the
particular animal that allow it to be positively identified and/or permanent markings, such
as tattoos, microchips or other identification methods that allow positive identification.
4.3 Compliance with other laws
The keeping of grandfathered animals is subject to compliance with all other bylaws and
provincial laws, regulations, rules and agreements, including but not limited to zoning and
licensing bylaws.
4.4 Special conditions for grandfathered animals
The Municipality may, at their discretion, impose special terms or conditions on the
keeping of any grandfathered animal (e.g. housing). Any person who owns, possesses,
harbours, keeps a grandfathered animal shall comply with any special term or condition
imposed by the Municipality or designate.
4.5 Undertaking for grandfathered animals
Any person owning or in possession or regular control of a grandfathered animal must
provide an Undertaking in writing that they will take all measures at all times that are
reasonably required to ensure that the animal does not constitute a danger to any member
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of the public and that dangerous animals are housed according to recognized professional
zoo or sanctuary industry standards.
4.6 Revocation of grandfathered status
Where any grandfathered animal is deemed to be dangerous and/or potentially
jeopardizes the health or safety of any individual and/or is deemed to be improperly or
unsafely housed, enclosed or cared for, the grandfathered status of that animal may be
revoked by the Municipality or designate.
4.7 Seizure of grandfathered animals
Grandfathered animals that upon inspection by the Municipality or designate are deemed
to be improperly or unsafely housed, enclosed or cared for may be seized and impounded.
4.8 lmpoundment of grandfathered animals
An owner of an animal impounded pursuant to this bylaw shall be liable to pay all costs of
impounding the animal, its care and upkeep and all other reasonable costs related thereto.
4.9 Grandfathered animal re-located
Any person who moves a grandfathered animal to a location other than the one on file with
the Municipality, shall notify the Municipality or designate of the new location within forty-
eight (48) hours after the animal is moved.
Section 5 - EXEMPTIONS
5.1 Veterinary hospital
This bylaw shall not apply to a veterinary hospital as permitted under the Municipality of
Hastings Highlands Zoning Bylaw, which is under the care of a licensed veterinarian.
5.2 Shelters
This bylaw shall not apply to a shelter or branch of the Ontario Society for Prevention of
Cruelty to Animals or to a municipally operated pound or shelter.
5.3 Public park or wildlife exhibit
This bylaw shall not apply to animals maintained in a public park or wildlife exhibit owned
or operated by the Municipality of Hastings Highlands.
5.4 Licensed by Provincial Government
This bylaw shall not apply to native wildlife species licensed in accordance with the Ontario
Fish and Wildlife Conservation Act, 1997 and exempts only those animals described and
listed on individual licences.
5.5 Agricultural fairs, shows, exhibitions, land
This bylaw shall not apply to domesticated livestock or other domesticated animals in
agricultural fairs, shows or exhibitions or domesticated animals on lands zoned for
agricultural purposes.
5.6 Research institutions
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This bylaw shall not apply to premises registered as Research Facilities under the Animals
for Research Act, R.S.O. 1990, c. A. 22, as amended.
5.7 Application for exemption
Notwithstanding anything contained in this bylaw, any person may make application to the
Municipality to be granted an exemption from any of the provisions of this bylaw with
respect to the keeping of any class of animal where a written request is received for such
authorization. The Municipality may refuse to grant any exemption or may grant the
exemption applied for or any exemption of lesser effect and any exemption granted shall
specify the time period during which it is effective and may contain such terms and
conditions as the Municipality sees fit.
a) Decision
In deciding whether to grant the exemption, the Municipality shall consider the
application and any written submission made by the applicant and may consider such
other matters as it sees fit.
b) Terms - conditions - breach - void
Breach by the applicant of any of the terms or conditions of any exemption granted by
the Municipality shall render the exemption null and void.
SECTION 6 - ENFORCEMENT
6.1 Enforcement
A Municipal Bylaw Enforcement Officer, Police Officer or Animal Control Officer is hereby
vested with the authority of enforcing the provisions of this bylaw.
6.2 Order or Direction
An Officer may issue a direction or order requiring that a person comply with the provisions
of this bylaw.
6.3 Entry and inspection
An Officer may, at all reasonable times, enter on land including buildings and structures
other than a dwelling unit, for the purpose of carrying out an inspection to determine
compliance with this bylaw and/or compliance with any direction or order under this bylaw.
6.4 Compliance
Where a violation is found, an Officer may make an order detailing the non-compliance
and state the required compliance date and conditions to be met.
6.5 Hinder or Obstruct
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising
a power or performing a duty under this bylaw, or any person lawfully acting in aid of such
an Officer. Without limiting the generality of the meaning of "hinder'' or "obstruct", a person
shall be deemed to have obstructed or hindered an Officer in the execution of their duties if
he or she:
a) provides false information to an Officer; or
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b) is alleged on reasonable and probable grounds to have contravened any of the
provisions of this bylaw, and fails to identify themselves to an Officer upon request.
6.6 Penalties
a) Any person who contravenes any of the provisions of this bylaw is guilty of an offence
and upon conviction is liable to a fine or penalty as provided for in the Provincial
Offences Act.
b) Each person who contravenes any provision of this Bylaw shall, upon issuance of a
penalty notice in accordance with Administrative Monetary Penalty System Bylaw, be
liable to pay to the Municipality an administrative penalty.
c) The property owner may be liable to pay any fines, fees and charges imposed by this
bylaw, if the person who is found to be in violation of this bylaw is not the owner of the
property but occupies or is using the property with the owner's consent.
d) Where a section of this bylaw has been contravened, a director or officer of a
corporation who knowingly concurs in the contravention is guilty of an offence.
e) Upon conviction, in addition to any other remedy and to any penalty imposed by this
bylaw, the court in which the conviction has been entered and any court of competent
jurisdiction thereafter may make an order prohibiting the continuation or repetition of the
offence by the person convicted.
6. 7 Validity and severability
Every provision of this bylaw is declared severable from the remainder and if any provision of
this bylaw shall be declared invalid by a court of competent jurisdiction, such declaration shall
not affect the validity of the remainder.
6.8 Rebuttable presumption - identification
In a prosecution for a contravention of this bylaw, evidence of identification shall be presumed
to be correct and accurate, unless rebutted by evidence to the contrary.
6.9 Contraventions of bylaw
Where any contravention of this bylaw is committed or continued on more than one day, it
constitutes a separate offence for each day on which the contravention is committed or
continued.
6.10 Conflict with other laws
Where the provisions of this bylaw conflict with the provisions of any other bylaw or Act, the
more restrictive provisions shall apply.
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SECTION 7 - EFFECTIVE DATE
7 .1 Effective
This bylaw shall come into force and take effect immediately upon the passing thereof.
Read a First Time the 16th day of June, 2021.
Read a Second Time the 21 st day of July, 2021.
Read a Third Time, Enacted and Passed this 18th day of August, 2021
Amended, Enacted and Passed this 15th day of September, 2021
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Schedule "A" To Bylaw 2021-037 Exotic Animal Bylaw
Animals Prohibited or Dangerous
-
All endangered or protected animals, whether native or non-native to Canada, whose
possession, sale or trade is prohibited because they are designated as protected,
endangered, threatened, vulnerable or of special concern pursuant to an international,
federal, provincial law, regulation, rule or agreement.
-
Non-human Primate (lemur, monkey, ape)
-
Canidae (wolf, coyote, fox), except domesticated dog (Canis familiaris)
-
Felidae (lion, tiger, leopard, lynx, ocelot, serval), except domesticated cat (Fe/is catus)
-
Ursidae (bear)
-
Hyaenidae (hyena)
-
Marsupialia (kangaroo, wallaby, opossum)
-
Procyonidae (raccoon, coatimundi, ringtail)
-
Mustelidae (badger, otter, polecat, weasel, marten), except domesticated ferrets
(Mustela putorius furo)
-
Mephitidae (skunk)
-
Herpestidae (mongoose)
-
Viverridae (civet, genet)
-
Hyradoidea (hyrax)
-
Erinacidae (hedgehog)
-
Xenarthra (anteater, tree sloth, armadillo, tamandua)
-
Lagamorpha (hare, pika, rabbit), except domesticated rabbit (Orycto/agus cunicu/us
domesticus)
-
Rodentia (prairie dog, giant rat, capybara), except domesticated rodent species that do
not exceed 1500 grams when adult.
-
Perissodactyla (zebra, tapir, rhinoceros, Przewalski's horse)
-
Artiodactyla (hippopotamus, camel, giraffe, peccary)
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-
Proboscidea (elephants)
-
Pinnipedia (seal, sea lion, walrus)
-
Chiroptera (bats)
Birds
-
Falconiformes (hawk, eagle, harrier, osprey)
-
Strigiformes (owl)
-
Cathartidae (vulture, buzzard)
-
Ratites (ostrich, rhea, emu, cassowary)
-
Galliformes Uunglefowl, quail, pheasant, guineafowl, chicken), except domesticated
species or varieties.
-
Anseriformes (duck, geese, swan), except domesticated species or varieties.
-
Psittaciformes (parrots), except budgie, cockatiel, monk parakeet (Quaker parrot),
Rosy-faced lovebird, Yellow-collared lovebird, Fischer' lovebird.
Reptiles, Amphibians, Fish & Invertebrates
-
Crocodilia (crocodile, alligator, caiman, gavial)
-
Testudines (turtles, terrapins and tortoises)
-
Varanidae (monitor lizard)
-
Teiidae (tegu lizard)
-
lguanidae (iguana)
-
Pythonidae (reticulated python, ball python)
-
Boidae (boa constrictor, yellow anaconda)
-
Venomous snakes and lizards
-
Marbled crayfish (Procambarus virginalis)
Examples of animals of a particular prohibited group are in parentheses. They are
examples only and shall not be construed as limiting the generality of the group.
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