[36] Bill 71 Original (PDF)
Cities of Kitchener and Waterloo Act, 1996
EXPLANATORY NOTE
The purpose of the Bill is set out in the Preamble.
Bill Pr711996
An Act respecting the City of Kitchener
and the City of Waterloo
Preamble
The Corporation of the City of Kitchener and The Corporation of the City of Waterloo, referred to in this Act as the Corporations, have applied for special legislation to regulate and prohibit the keeping and harbouring of certain classes and breeds of dogs.
It is appropriate to grant the application.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
By-laws re dogs
1. (1) In addition to the powers set out in section 210 of the Municipal Act, the councils of the Corporations may pass by-laws,
(a) regulating the keeping or harbouring of any class or breed of dog or any mixed class or mixed breed of dog;
(b) prohibiting the keeping or harbouring of any class or breed of dog or any mixed class or mixed breed of dog.
Regulated dogs may be muzzled, leashed, have microchip implant
(2) A by-law passed under clause (1) (a) may provide that dogs of a regulated class, breed, mixed class or mixed breed must,
(a) be muzzled;
(b) be kept on a leash;
(c) have a microchip implanted in their bodies for the purpose of identification; or
(d) be otherwise regulated.
Regulated or prohibited dogs may be seized, impounded, killed
(3) A by-law passed under subsection (1) may provide that dogs of a regulated or prohibited class, breed, mixed class or mixed breed may be seized, impounded and killed.
Area of application
(4) A by-law passed under subsection (1) may apply to the whole or any defined area of the City of Kitchener or the City of Waterloo, as the case may be.
Notice to dog owner
2. (1) A by-law passed under subsection 1 (1) shall set out the notice that must be given to the owner of the dog when a determination is made that the dog belongs to a regulated or prohibited class, breed, mixed class or mixed breed of dog under the by-law.
Same
(2) The notice to the owner of the dog shall advise the owner,
(a) that the dog has been determined by the animal control official of the Corporation to belong to a regulated or prohibited class, breed, mixed class or mixed breed of dog under the by-law;
(b) of the actions that the animal control official of the Corporation proposes to take with respect to the dog; and
(c) of the owner's right to a hearing by the council of the Corporation or a committee of the council.
Hearing
(3) Upon receiving a request for a hearing from the owner of the dog within the time specified in the by-law, the council of the Corporation or committee of the council, as specified in the by-law, shall hold a hearing and shall, at the conclusion of the hearing, affirm, rescind or vary the determination that the dog belongs to a regulated or prohibited class, breed, mixed class or mixed breed of dog under the by-law or the actions that the animal control official proposes to take.
No action until hearing concluded
(4) No action described in subsection 1 (2) or (3) may be taken until the required notice has been given,
(a) the time for requesting a hearing, as specified in the by-law, has expired without a hearing being requested;
(b) a hearing has been requested and the request has been withdrawn or abandoned; or
(c) a hearing has been requested and the council of the Corporation or committee of the council has issued its decision.
Conflict
3. In the event of a conflict between this Act and the Municipal Act, the Dog Owners' Liability Act or any other general or special Act, this Act prevails.
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the Cities of Kitchener and Waterloo Act, 1996.