The Ontario ban on pit bulls is a complex and nuanced topic. The ban was first introduced in 2005 through the Dog Owners' Liability Act.
The ban prohibits the ownership of pit bulls, which are defined as American Pit Bull Terriers, American Staffordshire Terriers, and Staffordshire Bull Terriers. This includes any dog that is a mix of these breeds.
If you already own a pit bull, you're not necessarily in trouble. However, you're required to obtain liability insurance that covers at least $1 million in damages.
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What is the Pit Bull Ban?
The Pit Bull Ban in Ontario is a complex topic, but I'll break it down for you. It's illegal to own a pit bull in Ontario, except in very limited, regulated circumstances.
In Ontario, owning a pit bull is a serious offense. Any individual found guilty can be required to pay a fine of $10,000 or face imprisonment for up to six months.
The law applies to owning, breeding, transferring, abandoning, importing, or training a pit bull. It's not just about owning a pet, but also about the broader implications of having a pit bull in your life.
If you're found guilty of breaking this law, you can expect to pay a hefty fine of $10,000 or face up to six months in prison. If you're a corporation, the fine jumps to $60,000.
Background and Context
The Ontario ban on pit bulls was introduced in 2005, following a series of high-profile attacks.
The ban was a response to a growing concern about the safety of the public, particularly children, from pit bull attacks.
In the years leading up to the ban, there were at least 25 fatal dog bites in Ontario, with pit bulls being the primary breed responsible.
These incidents led to widespread media coverage and public outcry, ultimately resulting in the passage of the Pit Bull Ban Act.
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Defining a Pit Bull
In Ontario, the definition of a "pit bull" is quite specific. A pit bull is defined as any one of the following breeds: pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier, American pit bull terrier, or a dog with an appearance and physical characteristics substantially similar to these breeds.
Determining whether a dog is a pit bull can be a challenge, especially when dealing with mixed breeds. Courts in Ontario consider several factors to make this determination.
The first factor is the dog's papers, such as registration with a kennel club like the Canadian Kennel Club or American Kennel Club. This can help establish the dog's breed.
Veterinary records and the testimony of the treating veterinarian are also important factors. A veterinarian can provide insight into the dog's physical characteristics and breed.
Breed standards established by kennel clubs or breed associations, such as the Canadian Kennel Club or American Kennel Club, are also considered. These standards can help determine whether a dog's physical characteristics match those of a pit bull breed.
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Here are the factors courts consider when determining whether a dog is a pit bull:
- the dog’s papers (e.g., registration with a kennel club)
- the dog’s veterinarian (such as medical records or the testimony of the treating veterinarian)
- breed standards (e.g., established by the Canadian Kennel Club, American Kennel Club, or United Kennel Club)
Dog Bite Laws
Dog bite laws are in place to protect people and pets from harm caused by aggressive dogs. A person can bring a legal action under the Dog Owners' Liability Act in the following circumstances.
The circumstances under which a person can bring a legal action include if the dog has bitten or attacked a person or domestic animal. The dog has behaved in a manner that poses a menace to the safety of people or domestic animals. The owner did not take reasonable precautions to prevent their dog from biting or attacking a person or domestic animal or behaving in a manner that poses a menace to the safety of people or domestic animals.
The Dog Owners' Liability Act holds the owner of a dog liable for damages resulting from a dog bite or attack on another person or domestic animal. This means that the victim only needs to prove that the dog bit or attacked them to establish that the dog owner is liable.
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A court may make an order for the dog to be destroyed for the public's protection if it finds that the dog bit or attacked a person or pet or behaved in a manner that threatens the safety of people or pets. The court may also compensate victims through damage awards.
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Pit Bull Ownership
If you own a pit bull in Ontario, you need to be aware of the strict laws surrounding their ownership. Under the Act, it is illegal to own, breed, transfer, abandon, import or train a pit bull except in very limited, regulated circumstances.
The penalties for breaking this law can be severe. Any individual found guilty can face a fine of $10,000, and/or imprisonment for up to six months. If the offender is a corporate entity, the fine can be as high as $60,000.
If you're considering owning a pit bull, it's essential to understand the definition of a "pit bull" in Ontario. According to the law, a pit bull is any one of the following breeds: pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier, American pit bull terrier, or a dog that has an appearance and physical characteristics substantially similar to these breeds.
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Determining whether a dog is a pit bull can be challenging, especially in cases involving mixed breeds. Courts in Ontario consider factors such as the dog's papers, veterinarian records, and breed standards to make this determination.
Here are the factors that courts consider when determining whether a dog is a pit bull:
- The dog's papers (e.g., if the dog is a Canadian Kennel Club or American Kennel Club-registered dog);
- The dog's veterinarian (such as medical records or the testimony of the treating veterinarian);
- Breed standards (e.g., the breed standards established for Staffordshire Bull Terriers, American Staffordshire Terriers or American Pit Bull Terriers established by the Canadian Kennel Club, the United Kennel Club, the American Kennel Club, or the American Dog Breeders Association).
Ontario
In Ontario, there's been a long-standing ban on pit bulls that's been under review. This ban has been in place for over 15 years, causing issues for dog lovers who argue that it's not fair to determine a dog's breed based on appearance alone.
The ban has been criticized for its lack of personal responsibility on the part of owners and the difficulty in enforcing it. Many owners have had their dogs seized and taken away, even if they've done nothing wrong.
In recent weeks, a dog named Dwaeji was taken from his family in Vaughan, sparking a groundswell of support for change. However, after the dog was released, he bit a 13-year-old boy, raising concerns about the safety of the community.
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Interestingly, a study by the AVMA found that small to medium-sized dogs, such as toy breeds and spaniels, are more aggressive toward humans than larger breeds like pit bulls. However, their size means they're less likely to inflict serious bite injuries.
Here are some reasons why breed-specific legislation (BSL) like Ontario's pit bull ban is problematic:
- The biting dog breed is often unknown or inaccurately reported.
- Visual determination of a breed is not always reliable.
- The actual number of dog bites is skewed, especially if the bite doesn’t result in a serious injury.
- The actual number of dogs of a certain breed or mix of breeds is unknown, as not every dog in the community will have a license.
- Statistics don’t account for multiple bite incidents caused by the same animal.
Frequently Asked Questions
Are XL bullies banned in Canada?
No, XL bullies are not banned in Canada, but owning one will be restricted from February 1, 2024, unless registered on the Index of Exempted Dogs.
Sources
- Where are Pit Bulls banned in Canada (banpitbulls.org)
- according to the ASPCA (aspca.org)
- dog bite risk and prevention study (avma.org)
- Dog Owners’ Liability Act (ontario.ca)
- Dog Owners’ Liability Act (ontario.ca)
- http://thebark.com/content/pit-bull-bans-and-other-issues-facing-ontarios-shelters (thebark.com)
- Share on LinkedIn (linkedin.com)
- Ontario to Ban Pit Bulls (thecanadianencyclopedia.ca)
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