Animal control offences in Ontario are prosecuted under the Provincial Offences Act (POA) and are found in three key areas of legislation:

1. Provincial Animal Welfare Services Act (PAWS Act)
2. Dog Owners’ Liability Act (DOLA)
3. Local municipal animal/pet by-laws

Provincial Animal Welfare Services Act (PAWS Act)

Animal Welfare Services (AWS) within the Ontario Ministry of the Solicitor General is responsible for enforcing the Provincial Animal Welfare Services Act (PAWS). The PAWS Act is Ontario’s comprehensive animal protection legislation. Offences Include:

• failing to comply with standards of care,
• causing or permitting distress,
• animal fighting, and
• harming a service animal.

Penalties for committing an offence under the Act can include fines and imprisonment. For example, under Part VIII of the PAWS Act the offence of causing an animal to be in distress which results in the death of the animal, comes with a minimum penalty of $25,000.

Animals in distress include those:

• in need of proper care, water, food or shelter,
• injured, sick, in pain or suffering, or
• abused or subject to undue physical or psychological hardship, privation or neglect

Other offences can lead to much larger fines and imprisonment. View the legislation for more information. To report abuse, you can contact the Ontario Animal Protection Call Centre. For more information on animal protection laws, refer to Reporting neglected pets and cruelty to animals.

Dog Owners’ Liability Act (DOLA)

Violations of the Dog Owners’ Liability Act (DOLA) are prosecuted under Part IX of the Provincial Offences Act (POA) and include:

• Failing to exercise reasonable precautions to prevent a dog from biting/attacking
• Violating court orders regarding dangerous dogs (e.g. owning a banned breed of dog, which includes pit bull terriers, Staffordshire bull terriers, American Staffordshire terriers and American pit bull terriers)

Penalties in the POA for non-compliance with DOLA under section 18(1) can include to fines up-to $10,000, imprisonment up-to six months, or both. Depending on the offence, they can also lead to a court order to have the dog destroyed.

Civil Liability: Owners are held strictly liable for damages resulting from a bite or attack on a person or domestic animal, regardless of the breed.

For more information on dog owners’ liability legislation, refer to Dog owner liability.

Municipal Animal Control By-Laws

Every city or municipality in Ontario (such as Toronto or Ottawa,) has its own by-laws concerning domestic pets. Common offences include:

• allowing a dog to run at large,
• failure to license a pet,
• excessive noise, or
• failing to pick up after the animal.

Offences are prosecuted as Part I tickets under the POA and penalties are issued as “set fines” Depending on the municipality, fines usually range from $50 to $500 per violation.

To find out what by-laws are in place in your community, contact your municipal or regional animal control office or a local Humane Society. Depending on the municipality, if it is determined that animal cruelty is taking place, they may have the authority to warn the offender, to stop the cruel behaviour, to charge them with violating the by-law, or they may contact local police.

More information

For more information on animal control and other issues, visit the Animal and the Law section of Legal Line. View the legislation for complete information on offences and penalties.

								
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