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1
The Corporation of the Township of Southgate
By-law 2024 - 078
Being a by-law to regulate, control and licence the keeping of
dogs and kennels in the Township of Southgate
WHEREAS section 8 (1) and of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, hereinafter referred to as "the Act", authorizes a
municipality to provide for a system of licences with respect to animals;
AND WHEREAS section 11 (2), paragraph 6 of the Act, authorizes a
municipality to pass a by-law respecting the health, safety and well-
being of persons;
AND WHEREAS section 11 of the Act authorizes a municipality to pass
a by-law to regulate animals;
AND WHEREAS section 11 (2) paragraph 8 and section 11 (3) of the
Act authorizes a municipality to pass by-laws respecting animals and
the protection of persons and property;
AND WHEREAS section 23.1 of the Act authorizes a municipality to
delegate certain legislative and quasi-judicial powers where the council
of the municipality is of the opinion that the power being delegated is
of a minor nature;
AND WHEREAS section 103 (1) of the Act provides that a municipality
may pass by-laws regarding the regulation or prohibition of an animal
being at large or trespassing;
AND WHEREAS section 103 (1) of the Act provides for the
municipality to impound any animals at large or trespassing in
contravention of the by-law and provides for the sale of those
impounded animals;
AND WHEREAS section 105 (1) of the Act provides that if a
municipality requires the muzzling of a dog under any circumstances,
the council of the municipality shall, upon the request of the owner of
the dog, hold a hearing to determine whether or not to exempt the
owner in whole or in part from the requirement;
2
AND WHEREAS section 105 (2) of the Act provides than an exemption
may be granted subject to such conditions as the council considers
appropriate;
AND WHEREAS section 151 of the Act, provides that a municipality
may provide for a system of licences with respect to a business and
may:
(a)
prohibit the carrying on or engaging in the business without a
licence;
(b)
refuse to grant a licence or to revoke or suspend a licence;
(c)
impose conditions as a requirement of obtaining, continuing to
hold or renewing a licence;
(d)
impose special conditions on a business in a class that have not
been imposed on all the businesses in that class in order to obtain,
continue to hold or renew a licence;
(e)
impose conditions, including special conditions, as a requirement
of continuing to hold a licence at any time during the term of the
licence; and
(f)
licence, regulate or govern real and personal property used for the
business and the persons carrying it on or engaged in it;
AND WHEREAS section 391 (1) of the Act provides that a municipality
may impose fees and charges on persons for services or activities
provided or done by or on behalf of it;
AND WHEREAS section 425 (1) of the Act authorizes a municipality
to pass by-laws providing that a person who contravenes a by-law of
a municipality passed under the Act is guilty of an offence;
AND WHEREAS section 429 (1) of the Act provides that a municipality
may establish a system of fines for a by-law passed under the Act;
AND WHEREAS section 436 of the Act provides that a municipality
has power to pass by-laws providing that the municipality may enter
on land at any reasonable time for the purpose of carrying out an
inspection to determine compliance with a by-law;
AND WHEREAS section 431 of the Act authorizes that where any by-
law of a municipality under the Act is contravened and a conviction
entered, in addition to any other remedy and to any penalty imposed
by the by-law, the court in which the conviction has been entered and
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any court of competent jurisdiction thereafter may make an order
prohibiting the continuation or repetition of the offence by the person
convicted and requiring the person convicted to correct the
contravention;
AND WHEREAS sections 444 and 445 of the Act authorizes a
municipality to make orders to discontinue, or to correct, the
contravention of a by-law;
AND WHEREAS the Council of the Corporation of the Township of
Southgate deems it desirable to regulate the harbouring of dogs,
establish regulations that support humane treatment of dogs, and to
licence kennels in the Township of Southgate;
NOW THEREFORE the Council of the Corporation of the Township of
Southgate enacts as follows:
1.
DEFINITIONS
1.1 In this By-law:
"Appeal Tribunal" means a Committee appointed by Township
Council to conduct hearings under this By-law;
"Applicant" means a person who files an application for a licence and
includes a licensee as the context requires;
"At Large" means where a dog is found in a place other than the
property of the owner of the dog, and the dog is not on a leash and
under the care of a person capable of handling and controlling the dog
when it is on the property other than that of the owner, unless prior
consent is given by the person owning the property on which the dog
is found;
"Bite" or "Biting" means the breaking, puncturing or bruising of the
skin of a person or domestic animal, caused by a tooth or teeth of a
dog;
"Building" means a building as defined in the Building Code Act, 1992,
S.O. 1992, c. 23, as amended, or a structure or any part thereof used
or intended to be used for supporting or sheltering any use or
occupancy;
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"Chief Building Official" means the Chief Building Official for the
Township or any person designated by the Chief Building Official;
"Clerk" means the Clerk for the Township or any person designated
by the Clerk;
"Dog" means a canine of the species Canis Familiaris;
"DOLA" means the Dog Owners' Liability Act, R.S.O. 1990, c. D.16, as
amended or replaced.
"Dwelling Unit" means a room or suite of rooms occupied or capable
of being occupied as an independent and separate housekeeping
establishment and having self-contained culinary and sanitary
features;
"Fees and Charges By-law" means a Township by-law adopted by Council
for the purpose of establishing fees and charges; and
"Guide Dog" means a dog trained as a guide dog for a blind person
and having the qualifications and completed training as prescribed by
Regulation 58 of the Blind Persons' Right Act, R.S.O. 1990, c. B.7, as
amended;
"Harbour or Harboured" shall include keeping, possessing or control
for any period of time, whether temporary or not;
"Hunting dog" means a dog licensed by the Ministry of Natural
Resources for the purpose of hunting;
"Impound" or "Impounded" or "impounding" means the keeping of
a dog at a designated pound and also means the confinement of a
dog by an Officer;
"Kennel" means lands, buildings, or structures where dogs and are
bred and raised or are sold or kept for sale, trained or boarded;
"Leash" means a leash, rope, chain or similar restraining device, which
is used, designed and capable of being held by a person and is used
and designed to restrain a dog;
"Licence" means a licence issued by the Township pursuant to this
By-law;
As
Amended
by By-law
2025-099
As
Amended
by By-law
2026-039
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"Licensee" means a person issued a licence pursuant to this By-
law and includes a tag;
"Livestock" means sheep, pigs, goats, cattle, horses, mules, ponies,
donkeys or poultry;
"Livestock guardian dog" means a dog that works and lives with
domestic farm animals, including but not limited to livestock for the
purposes of protection from predation;
"Menace" means a threat or hazard that may cause injury or harm;
"Microchip" means an encoded electronic device implanted in a dog,
which contains a unique code that provides the name and address of
the owner of the dog;
"Muzzle" means a humane fastening or covering device of adequate
strength over the mouth of a dog to prevent it from biting;
"Noise" means a sound that at the point of reception by its volume
or nature is likely to disturb the inhabitants;
"Officer" means a police officer, municipal law enforcement officer,
animal control officer or any other person appointed by by-law to
enforce the provisions of this By-law;
"Owner" shall mean any person who harbours a dog, and where
the owner is a minor, the person responsible for the custody of the
minor, and includes a person who is temporarily the custodian of the
dog;
"Person" includes an individual, sole proprietorship, partnership,
limited partnership, trust, corporation, and an individual in his or her
capacity as a trustee, executor, administrator, or other legal
representative;
"Point of Reception" means any point on the property of a person
where noise originating from other than that property is received;
"Police work dog" means a dog trained for and engaged in law
enforcement by any Federal, Provincial or municipal government or
government agency;
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"Pound" means any premise or facility or part thereof used by the
Township for the temporary housing or boarding of dogs that have
been impounded pursuant to this By-law;
"Pound keeper" means any person retained by the Township to
provide a pound;
"Property" means a parcel of land which is capable of being legally
conveyed or any part thereof;
"Service dog" means a dog that can be readily identified as one that
is being used by a person for reasons relating to a person's
disability, as a result of visual indicators such as the vest or harness
worn by the dog or demonstrated by documentation from a regulated
health professional as prescribed by Regulation 191/11 of the
Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.
11, as amended, confirming that the person requires the dog for
reasons relating to the disability;
"Statutory Holidays" means,
(a)
New Year's Day,
(b)
Family Day,
(c)
Good Friday,
(d)
Victoria Day,
(e)
Canada Day,
(f)
Labour Day,
(g)
Thanksgiving Day,
(h)
Remembrance Day,
(i)
Christmas Day,
(j)
Boxing Day,
(k)
Easter Sunday, and
(l)
Any other public holiday declared by proclamation of the
Lieutenant Governor to be a holiday for the Retail
Business Holiday's Act, R.S.O 1990, c. R. 30, as
amended.
"Tag" means a tag issued by the Township;
"Tethered" means a rope, chain or similar restraining device that is
attached at one end to a fixed object and, for greater certainty, does
As
Amended
by By-law
2025-099
7
not include a leash or restraining device that is held by a person;
"Township" means the Corporation of the Township of Southgate or
the land within the geographic limits of the Corporation of the
Township of Southgate as the context requires;
"Veterinary Clinic" means a building used by a veterinary surgeon
for the treatment and care of animals, birds, or other livestock;
"Working Dog" means a livestock guardian dog or a police work
dog;
"Zoning By-law" means any by-law administered by the Township
passed pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.
P.13, as amended.
2.
APPLICATION AND GENERAL PROHIBITIONS
2.1 This by-law shall apply throughout the whole of the Township.
2.2 No person shall permit a dog to make persistent noise by
barking, howling or whining.
2.3
(a) No person shall habour or permit to be harboured at any
one time, more than three (3) dogs on a property or per
dwelling unit inclusive of a hunting dog, service dog or
guide dog.
(b) A person may harbour or permit to be harboured
working dogs, provided these dogs are actively used for the
purposes for which they are bred including wildlife predation
mitigation.
2.4 Section 2.3 does not apply to the owner or operator of a:
(a)
a licensed kennel;
(b)
a veterinary clinic;
(c)
a pet store;
(d)
a pound or an animal shelter operated by or on behalf of
As
Amended
by By-law
2026-099
8
the Township for impounding dogs;
(e)
a facility in which dogs are placed for care pursuant to the
Pounds Act, R.S.O. 1990, c. P.17, as amended;
(f)
a facility registered as a research facility in accordance with
the Animals for Research Act, R.S.O. 1990, c. A. 22, as
amended.
2.5 No person shall own or harbour a dog over the age of sixteen
(16) weeks without a current valid dog licence.
2.6 No person shall:
(a)
affix a tag to any dog other than the dog for which it was
issued; or
(b)
remove a tag except to replace it with a current valid tag; or
(c)
remove a tag except while the dog is hunting in accordance
with provincial regulations; or
(d)
remove a tag while the dog is off the property of the
owner.
2.7 No person shall own or operate a kennel or permit the operation
of a kennel without a current valid licence.
2.8 No person shall own or operate a kennel or permit the
operation of a kennel other than in accordance with the terms,
conditions and standards of a licence and this By-law.
2.9 No person shall alter or modify or permit the alteration or
modification of a licence.
2.10 No person shall use or attempt to use a licence issued to another
person.
2.11 Every person who makes a false statement in an application,
declaration, affidavit or paper writing required by this By-law or
the Township is guilty of an offence.
2.12 No person shall fail to comply with a Muzzle and Control Order.
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2.13 No person shall fail to comply with an Order.
2.14 No person shall permit a dog to bite or attack a person or
domestic animal.
2.15 No person shall permit a dog to behave in a manner that poses
a menace to the safety of a person or domestic animal.
2.16 No person shall fail to exercise reasonable precautions to prevent
a dog from,
(a)
biting or attacking a person or domestic animal, or
(b)
behaving in a manner that poses a menace to the safety of
a person or domestic animal.
2.17 No person shall fail to immediately remove, or cause to be
immediately removed, and placed in a proper refuse receptacle,
any excrement left by a dog on any property within the
Township.
2.18 Notwithstanding Section 2.17, no person shall fail to in a timely
manner remove, or cause in a timely manner to be removed,
any excrement left by a dog on the dog owner's property.
2.19 No person shall fail to display a kennel licence in accordance
with the provisions of this By-law.
3.
DELEGATED AUTHORITY
3.1 The Chief Building Official is hereby delegated authority to:
(a)
administer this By-law and prepare all notices, forms,
orders and any other document necessary for the
administration of this by-law including the keeping of
records;
(b)
issue a licence in accordance with the provisions of this
By-law and where the applicant meets all the requirements
of this By-law;
(c)
impose additional terms and conditions that in the opinion of
the Chief Building Official are reasonable, revoke or refuse
to grant a licence, taking into consideration the grounds
provided for in section 15 of this By-law.
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3.2 Where a title to a position identified in this By-law no longer
exists or is modified, the powers and duties may be exercised by
a person deemed to have the responsibilities of the original
position until such time as an amending by-law is adopted by
Council.
3.3 Council is of the opinion that the powers delegated in this by-law
are of a minor nature.
4.
LICENCES
4.1 A person making application for a licence shall be at least
eighteen (18) years of age.
4.2 A licence automatically expires and becomes null and void upon
the sale, death or other disposal of a dog to which such licence
applies.
4.3 A licence issued by the Township is non-refundable.
4.4 A licence is not transferable.
4.5 A licensee shall notify the Township within fifteen (15) days of
any changes to the:
(a)
business name;
(b)
location of the business;
(c)
ownership of the business
and such changes shall be subject to submission of the necessary
documentation to the Township.
4.6 A licensee shall display a kennel licence in a conspicuous place
on the licensed property visible to the public at all times.
4.7 A licensee shall be responsible for the act(s) and omission(s) of
its employees, representatives and agents in the carrying on of
the business in the same manner and to the same extent as
though the licensee did the act(s) or omission(s).
4.8 Any record required by this By-law shall be produced by the
licensee upon request of an Officer.
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5.
DOGS - APPLICATION FOR A LICENCE
5.1 An owner of a dog that is over the age of sixteen (16) weeks
shall obtain a dog licence from the Township annually
immediately upon the dog coming into their possession.
5.2 A dog licence issued pursuant to this By-law is valid for one (1)
year from the date it was issued.
5.3 An owner of a licensed dog shall renew its dog licence on or
before the date of expiry.
5.4 Where a dog licence is renewed before, on or after the expiry
date, the renewal dog licence shall expire one (1) year from the
expiry date of the previous dog licence.
5.5 An owner of a dog making an application for a dog licence shall
submit:
(a)
a complete application in the form provided by the
Township;
(b)
the required dog licence fee in effect at such time,
provided that the owner is not exempt from payment of
such fee in accordance with section 5.6; and
(c)
when required by the Chief Building Official, a certificate
signed by a practicing veterinarian that the dog has been
inoculated with a current anti-rabies vaccine.
5.6 Service Animals
(a)
The owner of a dog that is a service animal is exempt
from payment of the dog license fee.
(b)
For the purposes of this section, service animal has the
same meaning as set out in Ontario Regulation 191/11
under the Accessibility for Ontarians with Disabilities Act.
(c)
An owner claiming an exemption under this section shall
provide proof that the dog is a service animal by one of
the following means:
(i) the dog is readily identifiable as being used by the
As
Amended
by By-law
2026-039
As
Amended
by By-law
2026-039
12
person for reasons related to the persons disability; or
(ii) the person provides documentation from a regulated
health professional confirming that the person requires the
dog for reasons related to a disability, in accordance with
Ontario Regulation 191/11 under the Accessibility for
Ontarians with Disabilities Act, 2005.
(d) Nothing in this section exempts a dog or its owner from
compliance with DOLA or any other applicable law.
6.
DOG - LICENCE - TAG
6.1 A dog licence in the form of a tag shall be issued where the
Chief Building Official is satisfied that the requirements of this
By-law have been met.
6.2 An owner of a dog may obtain a replacement tag upon payment
of the required fee.
6.3 An owner of a dog shall keep the tag securely fixed on the dog.
7.
DOGS - LEASHES AND AT LARGE
7.1 No owner of a dog shall allow or permit a dog to be at large in
the Township.
7.2 A dog shall be deemed to be at large if it is not under the physical
control of a person by means of a leash with a maximum length
of 1.8 metres (six (6) feet).
7.3 Section 7.1 of this By-law shall not apply to a:
(a)
working dog, guide dog or a service dog while actively
engaged in the performance of its trained duties;
(b)
hunting
dog
while
hunting
pursuant
to
provincial
regulations.
7.4 No owner of a dog shall leave or permit a dog to be left
unattended while tethered on property to which the public has
access, whether the access is expressed or implied.
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8.
IMPOUNDMENT
8.1 An Officer may seize and impound a dog found at large.
8.2 Where a dog is seized and is injured or should be euthanized
without delay for humane reasons, an Officer may have the dog
euthanized in a humane manner as soon after seizure as he thinks
fit.
8.3 Where the owner of a dog is known, the pound keeper shall
make reasonable efforts to notify the owner that the dog has
been impounded.
8.4 Where a dog is seized and impounded, the pound keeper shall
return it to the owner provided that:
(a)
the owner claims possession of the dog within three (3)
days,
excluding
Saturdays,
Sundays
and
Statutory
Holidays, after the date of seizure; and
(b)
the dog can be lawfully returned; and
(c)
upon payment of any applicable licensing fees; and
(d)
upon payment of the impound fees; and
(e)
upon payment of any other applicable medical costs for care
of the dog.
8.5 The owner of a dog impounded, if known, whether or not the
dog is claimed by the owner from the pound, shall be liable for
the payment of the impound fees, and any euthanasia and
disposal fees applicable, and shall pay all fees on demand by the
Township's pound keeper.
8.6 Where at the end of three (3) days excluding Saturdays, Sundays
and Statutory Holidays a dog has not been returned to the
owner, the pound keeper may dispose of the dog in accordance
with the provisions of the Animals for Research Act, R.S.O. 1990,
c. A. 22, as amended.
9.
MUZZLE AND CONTROL ORDER
As
Amended
by By-law
2025-099
14
9.1 An Officer may issue a Muzzle and Control Order where a dog:
(a)
bites or attacks a person or domestic animal; or
(b)
behaves in a manner that poses a menace to the safety of a
person or domestic animal.
9.2 A Muzzle and Control Order shall set out such measures that the
Owner shall be required to take in respect of such dog, which
may include, but not be limited to the following requirements:
(a)
the owner shall, when the dog is not securely inside the
owner's dwelling unit, but is otherwise on the owner's
property, at all times keep the dog securely restrained in
one of the following manners so as to prevent the dog from
escaping and to prevent the dog from biting or attacking any
person or domestic animal entering onto the owner's
property;
(i)
the dog shall be located within a securely fenced rear or
side yard where the fence is of sufficient dimension and
design to prevent the dog from escaping from the yard,
and any gate in such fenced yard shall be locked at all
times when the dog is in the fenced yard, or
(ii)
the dog shall be located in a rear or side yard within a
fully enclosed pen (six (6) sided) or run of sufficient
dimension, design and strength to be humane and to
prevent the dog from digging its way out of or otherwise
escaping from the enclosed pen, or
(iii) the dog shall be muzzled so as to prevent it from biting
a person or domestic animal and securely restrained
within a rear or side yard by means of a leash to prevent
the dog from escaping the yard while under the direct
supervision of a person sixteen (16) years of age or
older and physically able to exercise proper control of the
dog and who is present in the yard at the time; and
(iv) the dog shall not be kept in the front yard of the
owner's property.
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(b)
At any time when the dog is in any place, other than the
property of the owner, the following shall be required:
(i)
the owner shall securely attach a muzzle to the dog at
all times when the dog is in any place other than the
owner's property; and
(ii)
the owner shall ensure the dog is kept under the
physical control of a person sixteen (16) years of age or
older and physically able to exercise proper control of the
dog, by means of a non-retractable leash with a
maximum length of 1.8 metres (six (6) feet) held by said
person at all times when the dog is in any place other
than the owner's property.
(c)
The owner shall have completed and provided proof to the
Officer within thirty (30) days of issuance of the Muzzle and
Control Order:
(i)
a microchip implanted in the dog; and/or
(ii)
have the dog sterilized.
(d)
The owner shall display in a conspicuous place at the
entrance to the owner's property, a warning sign advising
of dog's presence on the owner's property and the
potential for danger to public safety to the satisfaction of the
Officer.
(e)
The owner shall notify the Officer within two (2) days of any
changes to the residency or ownership of the dog.
(f)
The owner shall notify the Officer within two (2) days of the
death of the dog.
(g)
The owner shall immediately notify the Officer if the dog:
(i)
is at large, bites or attacks a person or domestic
animal,
(ii)
behaves in a manner that poses a menace to the safety
of a person or domestic animal.
9.3 Despite sections 9.2 (c) (i) and 9.2 (c) (ii) on appeal, both are to
16
be done within thirty (30) days of the date of the Appeal
Tribunal's decision, unless the Appeal Tribunal exempts the
owner from this requirement.
9.4 A Muzzle and Control Order shall include the following information:
(a)
the owner's information; and
(b)
the subject dog's information; and
(c)
the reasons for which the Muzzle and Control Order was
determined upon; and
(d)
inform the owner of entitlement to a hearing before the
Appeal Tribunal, if a request in writing for a hearing is
returned to the Clerk within fifteen (15) days after the date
of service of the Muzzle and Control Order and the fee for
filing an appeal of a Municipal Order; and
(e)
a statement advising that a request for a hearing does not
act as a stay of the muzzling requirements, therefore the
muzzling requirements are in force and effect until and unless
the Appeal Tribunal grants an exemption to the muzzling
requirements; and
(f)
inform the owner that if no written request for a hearing is
received within the prescribed time, the decision of the
Officer is confirmed.
9.5 A Muzzle and Control Order is in force and effect upon being
served.
9.6 A request for a hearing of a Muzzle and Control Order does not
stay any muzzling requirement.
9.7 A dog that has been deemed a Dangerous or Potentially
Dangerous Dog under a repealed Township By-law, shall
continue to be subject to the terms of any Muzzle and Control
Order in effect at the time of passing this by-law.
10. KENNEL - APPLICATION FOR A LICENCE
10.1 An owner or operator of a kennel shall obtain an annual kennel
17
licence from the Township.
10.2 A kennel licence expires on December 31st of the year for
which it was issued.
10.3
An owner or operator of a kennel shall renew a kennel
licence prior to its expiry.
10.4 A person who becomes the owner or operator of a kennel shall
immediately obtain a kennel licence.
10.5 A person making an application for a kennel licence shall:
(a)
submit a complete application in the form provided by the
Township inclusive of the completion of an inspection by a
licensed Veterinarian; and
(b)
submit an accurate plan of the property showing:
(i)
the location of buildings, structures, septic system, tile
bed and well in relation to property lines; and
(ii)
the location of dog runs, waste containment, acoustical
barriers, training areas and any other facilities to be
used for kennel purposes in relation to property lines;
and
(iii) the distance between buildings, structures and their
existing uses; and
(c)
submit when applicable the Business Name Registration
and/or Articles of Incorporation obtained from the applicable
provincial or federal Ministry; and
(d)
submit any other documents or studies as may be required
by the Township to the satisfaction of the Township; and
(e)
submit the required kennel licence fee.
11. KENNEL - LICENCE
11.1 A kennel license shall be issued by the Chief Building
Official:
(a) upon the requirements of this By-law being met; and
18
(b) upon the requirements of the Township's Zoning By-law,
Township's Building By-law and any other applicable By-law or
any provincial or federal legislative requirements being met.
11.2 The Chief Building Official shall not issue a kennel licence for
a kennel with over twenty-five (25) dogs unless approved by
Council.
11.3 Council may refuse, grant or grant with conditions a kennel
licence for more than twenty-five (25) dogs.
12. LICENCE APPLICATION - INCOMPLETE
12.1 The Chief Building Official shall not issue a licence where the
applicant:
(a)
submitted an application or other documents to the
Township
containing
false
statements,
incorrect,
incomplete, or misleading information; or
(b)
has not paid the required licence fees.
12.2 An application shall be deemed incomplete where an applicant
fails to provide any other information or material as required by
the Chief Building Official within the time specified by the Chief
Building Official.
13. KENNEL - TERMS, CONDITIONS AND STANDARDS
13.1 A kennel licence is subject to the terms, conditions and
standards set out in this By-law.
13.2 A person who owns or operates a kennel shall reside on the
property on which the kennel is located.
13.3 A person who owns or operates a kennel shall ensure the kennel
building:
(a)
complies with the requirements of the Township's zoning
by-law; and
As
Amended
by By-law
2025-099
19
(b)
complies with the requirements of the Building Code Act,
1992, S.O. 1992, c. 23, as amended and its regulations, and
the Township's Building By-law; and
(c)
is not attached to a dwelling unit or any other building
used for human habitation; and
(d)
has adequately sized cages to allow the dog to turn around,
lie down with their legs extended to their full extent, stand
and sit with their heads held at a normal height; and
(e)
in the case of a floor:
(i)
be made of concrete or other impermeable material;
(ii)
have a self-drain; and
(f)
has adequate and appropriate light, ventilation and heat to
maintain healthy conditions specific to the breed of dog being
housed by mechanical or natural means.
13.4 A person who owns or operates a kennel shall provide an outdoor
area with adequate and appropriate space to enable the dog to
move naturally and to exercise.
13.5 A person who owns or operates a kennel shall ensure any
structure and defined use areas including an outdoor run, pen,
exercise area on the property of a kennel:
(a)
complies with the requirements of the Township's zoning
by-law; and
(b)
complies with the requirements of the Building Code Act,
1992, S.O. 1992, c. 23, as amended, and its regulations; and
(c)
has adequate and appropriate light, ventilation and heat to
maintain healthy conditions specific to the breed of dog being
housed; and
(d)
is enclosed by a chain link fence.
13.6 A person who owns or operates a kennel shall:
(a)
clean the kennel building and defined use areas including
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and outdoor run, pen and exercise area as frequently as
necessary to prevent an accumulation of excrement, urine or
other waste that would pose a risk to a dog's health,
maintain a sanitary environment, minimize the presence of
parasites and ensure the health of the dog, using cleaning
products that do not pose a risk to a dog; and
(b)
maintain the kennel building and defined use areas
including an outdoor run, pen and exercise area with
adequate and appropriate ventilation, light and protection
from the elements, including harmful temperatures; and
(c)
maintain the kennel building and defined use areas
including an outdoor run, pen and exercise area in a good
state of repair; and
(d)
provide every dog with adequate and appropriate food and
water; and
(e)
provide every dog with adequate and appropriate protection
from the elements, including harmful temperatures; and
(f)
adhere to the guidelines set out in "A Code of Practice for
Canadian Kennel Operations - Third edition | 2018", as
amended; and
(g)
adhere to the Provincial Animal Welfare Services Act, 2019,
S.O. 2019, c. 13, as amended, and its regulations; and
(h)
provide every dog with adequate and appropriate exercise;
and
(i)
provide every dog with adequate and appropriate medical
attention; and
(j)
provide every dog with care necessary for its general
welfare; and
(k)
ensure every dog at the kennel has a valid tag; and
(l)
ensure every dog is inoculated with a current anti-rabies
vaccine certificate; and
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(m) comply with all Township by-laws, provincial and federal
legislation applicable to owning and operating a kennel.
13.7 A person who owns or operates a kennel for breeding shall:
(a)
maintain a whelping bitch dog in a separate accommodation
from the other dogs in the kennel; and
(b)
ensure the separate accommodation for a whelping bitch dog
is 2.5 times the size of the whelping bitch dog; and
(c)
provide a separate outdoor run for the whelping bitch dog to
prevent the transfer of diseases; and
(d)
provide a whelping box for the whelping bitch dog that is
constructed with four (4) sides with a floor made of
impermeable material; and
(e)
provide sufficient designated space for the proper enrichment
and socialization of puppies.
13.8 A person who owns and operates a kennel and is group housing
dogs shall ensure that:
(a)
dogs exhibiting aggression to other dogs are not placed with
incompatible dogs; and
(b)
a female dog that is in heat or coming into heat is not placed
with a male dog; and
(c)
dogs suffering from a contagious disease, or are at high risk
of developing a contagious disease are separately housed.
13.9 A person who owns or operates a kennel shall maintain records
of the following information:
(a)
the names and addresses of the dog owners cared for at the
kennel; and
(b)
the date of arrival and departure of the dog from the kennel;
and
(c)
breeding and identification records of all whelping bitches and
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stud dogs and the resulting litters; and
(d)
veterinarian records on individual dogs maintained in the
kennel; and
(e)
written dog care procedures dealing with, amongst other
matters, methods of handling dogs, sickness, emergency
situations, injury or death and contact information for a
veterinarian.
14. LICENCE - ADMINISTRATIVE SUSPENSIONS
14.1 An administrative suspension of a licence without a hearing shall
be imposed for fourteen (14) days if the Chief Building Official
is satisfied that the continuation of the business poses an
immediate danger to health and safety of any person, domestic
animal or to any property, or in accordance with Section 15.
Before any suspension is imposed, the Chief Building Official
shall provide the licensee with the reasons for the suspension,
either orally or in writing, and an opportunity to respond to them.
14.2 An administrative suspension imposed under Section 14.1 may be
imposed on such conditions as the Chief Building Official
considers appropriate.
15. LICENCE
-
GROUNDS
-
ADDITIONAL
TERMS
AND
CONDITIONS, REFUSAL, REVOCATION OR SUSPENSION
15.1 An applicant is entitled to a licence upon meeting the
requirements of this By-law except where:
(a)
the past or present conduct of any person, including any
partner, the officers, directors, employees or agents of a
corporation affords reasonable cause to believe that the
person will not carry on or engage in the activity in respect
of which the application is made in accordance with the law
or with honesty or integrity; or
(b)
the applicant has past breaches or contraventions of any law
or any provision of this By-law or any other municipal by-law
or Provincial or Federal Statute associated with the carrying
on of such business; or
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(c)
the applicant has failed to pay a fine or penalty imposed by
the Township or a Court for a conviction or a breach of this
or any other municipal by-law; or
(d)
the applicant has failed to comply with any term, condition
or direction of the Officer or has failed to permit any
investigation or inspection by the Officer; or
(e)
the applicant has failed to comply with the By-law or the
terms of a licence; or
(f)
the issuing of a licence would be contrary to the public
interest with respect to health, safety, welfare and well-being
of persons, dogs, and domestic animals, consumer
protection or nuisance control including the impact on a
neighbouring property or a neighbouring property owner;
or
(g)
the applicant has submitted an application or other
documents to the Township containing false statements,
incorrect, incomplete, or misleading information; or
(h)
the applicant is carrying on or engaging in activities that are,
or will be, if the applicant is licensed, in contravention of this
By-law, or any other applicable law.
15.2 The Chief Building Official may revoke, suspend, refuse to
issue, or refuse to renew a licence, where the applicant would
not be entitled to a licence, or to the renewal of a licence, on
any grounds set out in this By-law.
15.3 Where the application for a licence has been deemed incomplete,
revoked, suspended or cancelled, the fees paid by the applicant,
in respect of the application for a licence, shall not be refunded.
15.4 Where a licence has been revoked, suspended, or cancelled the
licensee shall return the licence to the Chief Building Official
within two (2) days of service of the notice of the decision.
15.5 When a revoked, suspended, or cancelled licence has not been
returned, an Officer may enter upon the property excluding
entry into a dwelling unit for the purpose of receiving, taking or
removing the said licence.
As Amended
by By-law
2025-099
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16. LICENCE - NOTICE - RIGHT TO HEARING - ADDITIONAL
TERMS AND CONDITIONS, REFUSAL, REVOCATION OR
SUSPENSION
16.1 With the exception of Section 14, before a licence is refused,
revoked, suspended, cancelled, or issued with terms or conditions,
written notice shall be given by the Chief Building Official to the
applicant.
16.2 Notice shall be served on the applicant and shall:
(a)
contain sufficient information to specify the nature of, or
reason for, any recommendation; and
(b)
inform the applicant of entitlement to a hearing before the
Appeal Tribunal, if a request in writing for a hearing is
returned to the Clerk within fifteen (15) days after the date
of service of the notice; and
(c)
inform the applicant that if no written request for a hearing
is received within the prescribed time, the decision of the
Chief Building Official is confirmed.
17. ESTABLISHMENT OF APPEAL TRIBUNAL
17.1 The Appeal Tribunal is delegated authority by Council to hear
and render decisions regarding:
(a)
the refusal, revocation or suspension of a licence, and the
imposing of terms and conditions on a licence; and
(b)
appeal of a Muzzle and Control Order.
17.2 The decision of the Appeal Tribunal shall be final and binding.
18. REQUEST FOR HEARING
18.1 A person who has been issued a Muzzle and Control Order or an
applicant for a licence may request a hearing before the Appeal
Tribunal provided a request for a hearing is:
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(a)
made in writing; and
(b)
submitted to the Clerk together with the appeal of a
Municipal Order fee within fifteen (15) days after the date of
service of the Muzzle and Control Order or the Notice to
Revoke, Suspend, Refusal to Grant or Grant a licence subject
to terms and conditions has been served.
18.2 On receipt of a written request for a hearing, the Clerk shall:
(a)
schedule a hearing within thirty (30) days of receipt of the
written request for a hearing; and
(b)
issue a notice of hearing fourteen (14) days prior to the
hearing date to the person who has been issued a Muzzle
and Control Order or an applicant; and
(c)
post notice of the hearing on the Township's website
fourteen (14) days prior to the hearing date.
19. SERVICE
19.1 Service of a Muzzle and Control Order, an Order, or a Notice issued
pursuant to this By-law shall be given by:
(a)
personal delivery; or
(b)
ordinary mail to the last known address; or
(c)
registered mail to the last known address; or
(d)
email transmission to the last email address filed with the
Township.
19.2 A Muzzle and Control Order, an Order, or a Notice issued pursuant
to this by-law shall be deemed to have been served on the seventh
(7th) day after the day of mailing by ordinary or registered mail or
on the date of personal service or on the date of the email
transmission.
19.3 An Officer who is unable to effect service of a Muzzle and Control
Order or an Order pursuant to this By-law shall place a placard
containing the Muzzle and Control Order or the Order in a
conspicuous place on the property and the placing of the placard
shall be deemed to be sufficient service. The placing of the placard
26
of the Muzzle and Control Order or the Order shall be deemed to
be served on the date of placing the placard.
20. HEARING PROCESS
20.1 The provisions of the Statutory Powers Procedure Act, R.S.O.
1990, c. S. 22, as amended, shall apply to all hearings conducted
under this By-law.
20.2 A hearing shall be held in public, unless determined otherwise in
accordance with the Statutory Powers Procedure Act, R.S.O. 1990,
c. S. 22, as amended, and the Appeal Tribunal shall hear the
applicant and every other person who desires to be heard, and
the Appeal Tribunal may give its decision orally or adjourn the
hearing and reserve its decision, but in any case the decision shall
be provided in writing.
20.3 No decision of the Appeal Tribunal is valid unless it is concurred
with by a majority of the members of the Appeal Tribunal that
heard the matter, and the decision of the Appeal Tribunal, shall
be in writing and shall set out the reasons for the decision, and
shall be signed by the members who concur with the decision. The
decision of the Appeal Tribunal shall be made within ten (10)
days of conclusion of the hearing.
20.4 Any authority or permission granted by the Appeal Tribunal may
be for such time and subject to such terms and conditions as the
Appeal Tribunal considers advisable and as are set out in the
decision.
20.5 When a person who has been given written notice of a hearing
does not attend at the appointed time and place, the Appeal
Tribunal may proceed with the hearing in their absence, and the
person shall not be entitled to any further notice of the
proceedings.
20.6 The Clerk shall no later than ten (10) days from the making of
the decision send one (1) copy of the decision to:
(a)
the applicant; and
27
(b)
each person who appeared in person or by Counsel or by
Agent at the hearing and who filed with the Clerk a written
request for notice of the decision.
21. ORDERS AND REMEDIAL ACTION
21.1 If an Officer has reasonable grounds to believe that a
contravention of this By-law has occurred or the terms and
conditions of a licence have not been complied with, the Officer
may make an Order requiring the person or owner, to:
(a)
discontinue the contravening activity,
(b)
do or take any action to correct the contravention.
21.2 An Order under section 21.1 shall set out:
(a)
reasonable particulars of the contravention adequate to
identify the contravention; and
(b)
the location of the property on which the contravention
occurred; and
(c)
either:
(i)
in the case of an Order under section 21.1 (a), the date
by which there must be compliance with the Order; or
(ii)
in the case of an Order under section 21.1 (b), the action
to be done and the date by which the action must be
done.
21.3 An Order made under this By-law shall be served to:
(a)
the person or owner the Officer believes contravened this
By-law; and
(b)
such other persons or owners affected by the Order as the
Officer making the Order determines.
23. ENFORCEMENT AND PENALTY PROVISIONS
23.1 The enforcement of this By-law shall be conducted by an
28
Officer.
23.2 An Officer may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine whether or
not:
(a)
the By-law is complied with; or
(b)
a licence, or the terms or conditions of a licence are
complied with; or
(c)
a direction or Order of the Township made under the
Municipal Act, 2001, S.O. 2001, c.25, as amended, or made
under this By-law is complied with.
23.3 For the purposes of an inspection under this By-law, an Officer
may:
(a)
require the production for inspection of documents or things
relevant to the inspection; and
(b)
inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts; and
(c)
require information from any person concerning a matter
related to the inspection; and
(d)
alone or in conjunction with a person possessing special or
expert knowledge, make examinations or take tests,
samples or photographs necessary for the purposes of the
inspection.
23.4 All documents and records shall be kept in a good and business-
like manner for review by the Officer at their request.
23.5 A receipt shall be provided for any document or thing removed
under this By-law and the document or thing shall be promptly
returned after the copies or extracts are made.
23.6 Every person who contravenes any provision of this By-law,
including failing to comply with an Order made under this By-
law, is guilty of an offence and is liable to a fine, and such other
penalties, as provided for in the Provincial Offences Act, R.S.O.
29
1990, c. P.33, as amended, and the Municipal Act, 2001, S.O.
2001, as amended.
23.7 Any person who is charged with an offence under this By-law or
an Order issued pursuant to this By-law or every director or
officer of a corporation, who knowingly concurs in the
contravention by the laying of an information under Part III of
the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended,
is guilty of an offence and if found guilty of the offence is liable
pursuant to the Municipal Act, 2001, S.O. 2001, as amended, to
the following:
(a)
on a first offence, to a fine not more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine
of not more than $100,000.00
23.9 Every person who is issued a Part 1 offence notice or summons
and is convicted of an offence under this By-law shall be subject
to a fine, to a maximum as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
23.10 No person shall hinder or obstruct, or attempt to hinder or
obstruct, any Officer exercising a power or performing a duty
under this By-law.
23.11 Every person who is alleged to have contravened any of the
provisions of this By-law, shall identify themselves to an Officer
upon request, failure to do so shall be deemed to have hindered
or obstructed an Officer in the execution of his or her duties.
23.12 Upon conviction any penalty imposed under this By-law may be
collected under the authority of the Provincial Offences Act,
R.S.O. 1990, c. P. 33, as amended.
23.13 If a person is convicted of an offence under this By-law, the
court in which the conviction has been entered and any court of
competent jurisdiction may, in addition to any other remedy and
to any penalty imposed, make an order prohibiting the
continuation or repetition of the offence by the person
convicted.
24. FEES
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24.1.The fees for a licence, replacement tag, appeal of a Muzzle and
Control Order (Municipal Order), and impound fees shall be as
prescribed in the Township's Fees and Charges By-law.
24.2 The fees for a licence, replacement tag, appeal of a Muzzle and
Control Order (Municipal Order) are payable upon submission of
an application or appeal.
25. SEVERABILITY
25.1 If a court of competent jurisdiction declares any section or part
of this By-law invalid, it is the intention of Council of the
Township that the remainder of this By-law shall continue in
force unless the court makes an order to the contrary.
26. SINGULAR AND PLURAL USE
26.1 In this By-law, unless the context otherwise requires words
importing the singular shall include the plural and use of the
masculine shall include the feminine, where applicable.
31
27. REPEAL
27.1 That By-law 2020-78 is hereby repealed.
Read a first, second and third time and finally passed this 3rd
day of July, 2024.
Brian Milne - Mayor
Lindsey Green - Clerk