O. Reg. 351/22: STANDARDS OF CARE AND ADMINISTRATIVE REQUIREMENTS, Filed April 19, 2022 under Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13

ontario regulation 351/22

made under the

Provincial Animal Welfare Services Act, 2019

Made: April 14, 2022
Filed: April 19, 2022
Published on e-Laws: April 20, 2022
Printed in The Ontario Gazette: May 7, 2022

Amending O. Reg. 444/19

(STANDARDS OF CARE AND ADMINISTRATIVE REQUIREMENTS)

1. (1) Clause 1 (2) (a) of Ontario Regulation 444/19 is revoked and the following substituted:

(a)  standards of care specific to dogs that are tethered outdoors are set out in section 4; and

(2) Section 1 of the Regulation is amended by adding the following subsection:

(2.1) In addition to the basic standards of care applicable to all animals set out in section 3 and the standards of care specific to dogs that are tethered outdoors set out in section 4, the standards of care specific to dogs that are kept outdoors are set out in sections 4.1 to 4.5.

2. Section 2 of the Regulation is amended by adding the following definitions:

“housing pen” means an enclosed yard, caged area, kennel or other outdoor enclosed area in which a dog is contained and which is not large enough to provide sufficient space for the dog to run at its top speed; (“enclos d’habitation”)

“kept outdoors”, in relation to a dog, means kept outdoors continuously for 60 or more minutes without being in the physical presence of its owner or custodian; (“gardé à l’extérieur”)

“livestock” means sheep, pigs, goats, cattle, horses, mules, ponies, donkeys or poultry; (“bétail”)

“livestock guardian dog” means a dog that,

(a)  is identifiably of a breed that is generally recognized as suitable for the purposes of protection of livestock from predation, and

(b)  lives with a flock or herd of livestock; (“chien de garde de bétail”)

“tether” means a rope, chain or similar restraining device that is attached at one end to a fixed object and, for greater certainty, does not include a leash or restraining device that is held by a person. (“attache de retenue”)

3. The Regulation is amended by adding the following heading immediately before section 3:

Basic Standards of Care for All Animals

4. The Regulation is amended by adding the following heading immediately before section 4:

Standards of Care for Dogs Tethered Outdoors

5. Section 4 of the Regulation is revoked and the following substituted:

Standards of care for dogs tethered outdoors

4. (1) A dog tethered outdoors for 23 hours in a 24-hour period, whether those 23 hours are consecutive or not, must be taken off the tether for at least 60 continuous minutes to allow for exercise and enrichment.

(2) The 60 continuous untethered minutes required by subsection (1) must be provided before the dog can be tethered outdoors again.

(3) Subsections (1) and (2) do not apply if,

(a)  the dog has, within the previous 24-hour period, participated in a racing event, hunting event, field trial event or comparable event and requires rest as a result of participating in the event;

(b)  extreme weather conditions identified by a weather warning or watch from Environment and Climate Change Canada, such as a heat warning, would make it unsafe for the dog to exercise or receive enrichment; or

(c)  a veterinarian advises, in writing, that the dog should not be taken off the tether for health reasons.

Standards of Care for Dogs that are Kept Outdoors

Standards of care for dogs that are kept outdoors — general care

4.1 (1) A dog kept outdoors must be provided with,

(a)  sufficient protection from the elements to prevent the dog from experiencing heat or cold-related distress; and

(b)  access to sufficient shade as may be required by the weather conditions, including sufficient shade to protect the dog from direct sunlight.

(2) Food and water containers used for a dog kept outdoors must be constructed to avoid injury to the dog and to avoid difficulty in accessing food or water.

(3) A dog kept outdoors must be fed food that,

(a)  reflects the dog’s daily caloric and other nutritional requirements;

(b)  is fit for consumption;

(c)  is not spoiled; and

(d)  does not contain dirt, feces, urine or toxic substances.

(4) A dog kept outdoors must have continuous access to water that,

(a)  is replaced at least once every 24 hours;

(b)  is not frozen; and

(c)  does not contain dirt, feces, urine or toxic substances.

(5) An owner or custodian of a dog kept outdoors must ensure that the health and welfare of the dog is checked daily.

(6) A dog kept outdoors must be groomed as necessary to avoid matting of the dog’s coat and the accumulation of ice or mud on the dog’s coat or under the dog’s paws.

(7) The nails of a dog kept outdoors must be checked regularly and groomed as necessary for the health of the dog.

(8) A dog shall not be kept outdoors if it has an illness or injury that affects the dog’s ability to regulate its temperature or restricts its mobility, unless a veterinarian advises, in writing, that it may be kept outdoors.

(9) If the owner or custodian of a dog kept outdoors has grounds to believe that the dog is suffering from a contagious disease, or is at high risk of developing a contagious disease, the dog must be kept completely isolated from other dogs and must not have contact with objects, including food and water containers, that are used by other dogs or animals.

(10) Subsection (9) does not apply to the extent that a veterinarian advises, in writing, that compliance with these requirements is unnecessary.

(11) Despite subsection (9), puppies do not need to be isolated from their mother or substitute mother if they are less than 12 weeks old.

(12) Despite subsection (9), a dog does not have to be isolated from other dogs that either suffer from the same contagious disease or are at high risk of developing the same contagious disease, and the dog does not have to be prevented from having contact with objects used by those other dogs.

Standards of care for dogs that are kept outdoors — shelter

4.2 (1) Every dog that is kept outdoors must, at all times, have ready access to a shelter that,

(a)  is waterproof and provides protection from the elements;

(b)  is structurally sound, stable and free of features that might cause injury to the dog;

(c)  has an insulated roof;

(d)  has a floor that is level, elevated from the ground, and dry;

(e)  has a means of providing ventilation, which may include an open doorway;

(f)  is of a size and design that permits all of the dogs that regularly use the shelter to turn around, lie down with their legs extended to their full extent and stand with their heads held at normal height when all of the dogs are occupying the shelter at the same time;

(g)  has a doorway that is free from obstructions; and

(h)  contains bedding that,

(i)  is at least three inches thick, and

(ii)  is changed as frequently as necessary to ensure that the bedding remains comfortable and substantially clean, dry and unsoiled.

(2) Subsection (1) does not apply to a livestock guardian dog or to a dog that has ready access to a structurally sound building that, at the time, is being used to house livestock.

Standards of care for dogs that are kept outdoors — tethers

4.3 (1) A tether that is used on a dog that is kept outdoors must,

(a)  allow the dog to move about safely;

(b)  be of a size, type and weight that will not cause the dog discomfort or injury;

(c)  have a swivel that can turn 360° at both,

(i)  the point where the tether is attached to the dog’s collar or harness, and

(ii)  the point at which the tether is attached to the fixed object;

(d)  be of sufficient length to permit the dog to move at least three metres measured in a horizontal direction from the point at which the tether is attached to the fixed object; and

(e)  be of sufficient condition, and be sufficiently well-attached to the dog and to the fixed object, to prevent the dog from escaping.

(2) A collar or harness used with a tether on a dog kept outdoors must be of a size, type, design and fit that will not cause the dog discomfort or injury.

(3) A choke collar, pinch collar, prong collar, slip collar, head halter collar or martingale collar must not be used with a tether on a dog kept outdoors.

(4) A dog kept outdoors must not be tethered in a manner that creates an undue risk of distress to the dog, including,

(a)  distress related to the age, health or reproductive status of the dog; or

(b)  distress caused by objects or hazards that a dog is able to reach while tethered.

(5) A dog kept outdoors must not be tethered if the dog is,

(a)  under six months of age;

(b)  whelping;

(c)  nursing; or

(d)  in heat.

Standards of care for dogs that are kept outdoors — housing pens

4.4 (1) A dog that is kept outdoors must not be kept in a housing pen if doing so would create an undue risk of distress to the dog.

(2) A dog that is kept outdoors may only be kept in a housing pen if the housing pen is constructed so that it prevents the dog from escaping and provides reasonable protection from predatory animals or other animals that may harm the dog.

(3) The size of a housing pen for a dog that is kept outdoors must meet the following minimum requirements:

1.  If the dog is under 20 cm in height, the total area of the housing pen must be at least four square metres.

2.  If the dog is equal to or greater than 20 cm in height but under 40 cm in height, the total area of the housing pen must be at least six square metres.

3.  If the dog is equal to or greater than 40 cm in height but under 70 cm in height, the total area of the housing pen must be at least 10 square metres.

4.  If the dog is equal to or greater than 70 cm in height, the total area of the housing pen must be at least 15 square metres.

(4) For the purposes of subsection (3), a dog’s height shall be determined by measuring the height of the dog at its shoulder when it is standing at full height.

(5) If more than one dog is kept in a housing pen, the housing pen must provide at least the space required by subsection (3) for the tallest dog kept in the housing pen, plus a minimum of at least 1.5 additional square metres of space for every additional dog that is kept in the housing pen.

(6) Despite subsection (5), 1.5 additional square metres of space is not required for every additional dog that is less than 12 weeks old and that is kept with its mother or substitute mother.

(7) If more than one dog that is kept outdoors is kept in the same housing pen, the owner or custodian of the dogs must 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.

(8) Despite subsection (7), a female dog that is in heat or coming into heat may be placed in a housing pen with a male dog solely for the time required for them to mate if the dogs are in the physical presence of the owner or custodian of one or more of the dogs and that person is monitoring the safety of the dogs.

Standards of care for dogs that are kept outdoors — available area if dog tethered or in housing pen

4.5 The area available to a dog kept outdoors that is placed on a tether or in a housing pen must,

(a)  be sufficient to ensure that the dog can move freely and engage in natural behaviours;

(b)  be sufficient to ensure that the dog is not required to stand, sit or lie down in excrement, urine, mud or water;

(c)  have distinct areas for both,

(i)  feeding and drinking, and

(ii)  urinating and defecating; and

(d)  be cleaned as frequently as necessary to prevent an accumulation of excrement, urine or other waste that would pose a risk to the 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 the dog.

6. The Regulation is amended by adding the following heading immediately before section 5:

Standards of Care for Captive Wildlife

7. The Regulation is amended by adding the following heading immediately before section 7:

Standards of Care for Captive Primates

Commencement

8. This Regulation comes into force on the later of July 1, 2022 and the day it is filed.