Updated Ottawa kennel licensing bylaw

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Report to/Rapport au :

Agriculture and Rural Affairs Committee Comité de l'agriculture et des affaires rurales

and Council / et au Conseil

April 4, 2013 4 avril 2013

Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager/Directeur

municipal adjoint, City Operations/Opérations municipales

Contact Person / Personne ressource: Linda Anderson, Chief, By-law & Regulatory Services / Chef, Services des règlements municipaux / Emergency and Protective

Services / Services de protection et d’urgence (613) 580-2424 x29257, [email protected]

CITY WIDE / À L'ÉCHELLE DE LA VILLE Ref N°: ACS2013-COS-EPS-0009 SUBJECT: UPDATE – KENNEL LICENSING REGULATIONS – REPLACEMENT

REPORT OBJET : MISE À JOUR – RÈGLEMENTS CONCERNANT LES PERMIS POUR

CHENILS – RAPPORT DE REMPLACEMENT REPORT RECOMMENDATIONS

That the Agriculture and Rural Affairs Committee recommend that Council approve amendments to:

1. the Licensing By-law (By-law No. 2002-189), as detailed in Document 1, to establish harmonized regulations for the licensing and regulating of boarding kennels, in-home breeding kennels, and recreational kennels; and,

2. the Animal Care and Control By-law (By-law No. 2003-77) to exempt boarding kennels, in-home breeding kennels, and recreational kennels from the limit on the number of dogs or cats that may be kept in a dwelling unit (administrative amendment.)

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver les modifications apportées :

2 1. au Règlement harmonisé sur les permis (Règlement municipal no 2002-189),

qui sont décrites en détail dans le document 1, pour harmoniser la délivrance de permis pour pensions pour chiens et chats, élevages à domicile et chenils récréatifs ainsi que la réglementation de ces établissements;

2. au Règlement sur le contrôle et le soin des animaux (Règlement municipal no 2003-77), pour exempter les pensions pour chiens et chats, les élevages à domicile et les chenils récréatifs de la limite sur le nombre de chats et de chiens qui peuvent être gardés dans une unité de logement (modification à caractère administratif.)

EXECUTIVE SUMMARY The Municipal Act, 2001 provides the authority to license and regulate various types of kennels for dogs and cats. It is proposed that the kennel licensing regulations of nine (9) former municipalities, which are still in effect and which include varying degrees of standards, be harmonized as outlined in Document 1. The proposed regulations serve to protect public health and safety and the consumer, and to prevent nuisance, while giving due consideration to animal welfare. Three kennel categories are proposed: boarding kennels, in-home breeding kennels, and recreational kennels. The proposed amendments to the Business Licensing By-law incorporate those categories and industry best practices, and the provisions focus on appropriate care of animals, including kennel maintenance, sanitation, ventilation and enclosure size. Boarding Kennels (Schedule 31 in Document 1): The proposed regulations with respect to these traditional, commercial “boarding” kennels include consideration of best practices from other jurisdictions and the industry, and focus on appropriate care of animals being housed. In-Home Breeding Kennels (Schedule 32 in Document 1): A separate licensing schedule is proposed for individuals who breed dogs or cats primarily within their home and exceed the limit on the number of dogs or cats as prescribed by the Animal Care and Control By-law. Proposed conditions of this license include compliance with zoning and property standards, and provisions for the appropriate care of the animals. A limit on the total number of adult dogs or cats that may be kept is proposed, to limit potential for disturbances and to protect animal welfare. Where the animals are housed primarily in an appropriate accessory building or structure, the limit would not apply. Recreational Kennels (Schedule 33 in Document 1): As a result of stakeholder input, a separate license schedule is being recommended for “recreational” kennels, where dogs are owned and raised for non-commercial recreational purposes, such as dog sledding, and are not bred for sale. Similar to in-home breeding kennels, regulations for recreational kennels focus on appropriate care

3 of the dogs being housed, and include limits on the total number of dogs that may be kept for recreational purposes, which would not apply where the dogs are being housed in an appropriate accessory building or structure.

No incremental costs are anticipated as a result of the proposals which are generally supported by key stakeholders, including the Ottawa Humane Society. RÉSUMÉ En vertu de la Loi sur les municipalités, la Ville d’Ottawa a le pouvoir de délivrer des permis aux chenils pour chiens et chats et de règlementer ce type d’établissement. Le présent rapport vise à harmoniser les règlements concernant les permis pour chenils de neuf anciennes municipalités, qui sont encore en vigueur et dont les normes varient. Cette harmonisation a pour objectif de protéger la santé et la sécurité du public, de protéger le consommateur et d’éviter les nuisances, tout en tenant dûment compte du bien-être des animaux. Le présent rapport se penche sur trois types d’établissements : les pensions pour chiens et chats, les élevages à domicile et les chenils récréatifs. Les modifications proposées au Règlement sur les permis d’entreprise intègrent les pratiques exemplaires de l’industrie, et les dispositions portent surtout sur les soins appropriés à donner aux animaux : elles régissent notamment l’entretien, l’hygiène et la ventilation des bâtiments ainsi que la taille des enclos.

Pensions pour chiens et chats (annexe 31 du document 1) Le rapport recommande l’harmonisation des règlements déjà imposés aux pensions commerciales pour chiens et chats et l’intégration des pratiques exemplaires d’autres municipalités et de l’industrie. Les dispositions de l’annexe proposée sur la délivrance de permis portent sur les soins appropriés à donner aux animaux hébergés. Élevages à domicile (annexe 32 du document 1) Une annexe distincte sur la délivrance de permis est proposée pour les personnes qui font l’élevage d’animaux ou qui font des compétitions et qui ont donc plus de chiens ou de chats dans leur maison que la limite permise par le Règlement sur le contrôle et le soin des animaux. De tels permis étaient délivrés dans certaines anciennes municipalités. Les conditions liées à la délivrance de ces permis comprennent le respect des normes de zonage et des normes de biens-fonds en place ainsi que des dispositions relatives aux soins appropriés à donner des animaux. Afin de prévenir d’éventuelles perturbations et de veiller au bien-être des animaux, une limite est aussi imposée quant au nombre de chiens et de chats adultes pouvant être gardés.

Il est aussi recommandé que les élevages à domicile soient exemptés des exigences prévues par le Règlement sur le contrôle et le soin des animaux, étant donné qu’ils devront être conformes à ces nouveaux règlements concernant les permis. Chenils récréatifs (annexe 33 du document 1) Après discussion avec des intervenants, une annexe sur la délivrance de permis différente est proposée pour les chenils récréatifs, où on garde et on élève des animaux

4 à des fins récréatives et non commerciales, par exemple pour les excursions en traîneau à chiens, et où les animaux ne sont pas élevés pour être vendus. Comme pour ceux régissant les élevages à domiciles, les règlements concernant les chenils récréatifs portent sur les soins appropriés à donner aux animaux hébergés et fixent une limite quant au nombre d’animaux pouvant être gardés à des fins récréatives. Aucun coût supplémentaire lié à ces changements n’est prévu. Des consultations ont été entreprises avec les principaux intervenants, notamment avec la Société protectrice des animaux d’Ottawa, qui appuie l’harmonisation proposée.

BACKGROUND

Please note that this report replaces Report #ACS2012-COS-EPS-0029, which was considered by the Agriculture and Rural Affairs Committee at its meeting of October 4, 2012 and which was deferred to allow for an additional period of consultation and review.

Section 151 of the Municipal Act, 2001 grants municipalities the authority to license and regulate various types of businesses, including kennels for dogs and cats. Licensing by-laws are enacted in consideration of the municipal role and mandate with respect to public health and safety, nuisance control and consumer protection.

The former municipalities of Cumberland, Gloucester, Goulbourn, Kanata, Nepean, Ottawa, Osgoode, Rideau and West Carleton all had in place kennel licensing regulations which continue to exist in the current City, although the license fees and expiry dates were harmonized in March of 2007 to $65 and April 30th respectively. Previous fees had ranged from $25 to $150, with only one fee being under $50. The 2012 fee is $74. The existing licensing regulations include varying degrees of standards that apply to the operation of a kennel including hygiene and enclosure size. Noteworthy is that a number of the existing by-laws of the former municipalities, particularly the rural ones, issue a kennel license to persons who are, in a private residence, keeping more than the limit on the number of dogs for purebred breeding purposes.

DISCUSSION

Boarding Kennels

The proposed regulation Schedule 31 (included in Document 1 attached) represents a harmonization of the existing regulations with respect to the more commercial “boarding” kennels, with the inclusion of best practices from other jurisdictions and the industry. The proposed fee is $100 and is somewhat lower than other Ontario municipalities’ licensing fees to promote compliance. The standard licensing processing fee, currently $50.00, would apply to this category. The conditions of licensing and general regulations continue to serve the public from the consumer protection and

5 public health and safety standpoint, while still considering the best interest of the animals housed in commercial boarding kennels.

As is standard for all business licenses, a kennel must: comply with the zoning, building and property standards requirements of the City; have appropriate insurance; and provide indemnification. The premises and animals housed therein must also meet the requirements of the Ontario Society for the Prevention of Cruelty to Animals Act. Provisions in the proposed licensing schedule applicable specifically to boarding kennels concentrate on appropriate care of animals being housed; that is: • records about each animal are to be maintained to ensure their health and their safe

return to owner should they become stray; • kennel staff must be knowledgeable, experienced and trained, and have access to

animal care procedures; • veterinary care for sick or injured animals must be provided, as appropriate; • the kennel must be maintained in a clean and sanitary condition, be well-ventilated

and well-lit, and be of a suitable temperature; • any enclosures that are provided must be clean and of adequate size, with access to

food and water; and, • animals must be confined to the premises.

The above-noted requirements are certainly relevant for animal welfare but also serve to protect public health and safety, and the consumer, as well as prevent nuisance.

The proposed Schedule 31, as part of the conditions of license issuance and renewal, also provides that the Chief License Inspector may impose additional conditions on a license as may be deemed necessary to ensure the health, safety and well-being of the public. This provision allows the City to address issues of concern with respect to specific licensees, while not penalizing those who do not represent any issues of concern.

As with other license categories, there would be an ability to deny and revoke licenses for non-compliance.

In-Home Breeding Kennels

With respect to individuals who are, in a residence, for breeding and/or showing purposes, keeping more than the limit on the number of dogs or cats as prescribed by the Animal Care and Control By-law (a maximum of three (3) dogs and a maximum of five (5) cats) – referred to herein as in-home breeding kennels – a separate licensing schedule is proposed largely given the nature of such operations taking place in residences as opposed to commercial property accessible to the public and to enforcement agencies. The proposed fee of $75.00 is in line with the current fee and is lower than that for kennels given the lesser inspection requirements. The licensing processing fee would not apply to this category.

The proposed Schedule 32 (included in Document 1 attached) provides for conditions of license issuance and renewal, and general regulations to address consumer protection and public health and safety, while still considering the best interest of the animals

6 being bred in and sold from residences by breeders, and also giving due consideration to the limitations of a licensing scheme where private residences are involved.

Conditions of issuance and renewal include appropriate zoning and compliance with property standards (external). As well, the total number of dogs or cats over twenty (20) weeks of age that may be kept for breeding, showing or other purposes may not exceed ten (10), which does not include up to three (3) retired dogs or five (5) retired cats, and either a dog or cat brought in temporarily for breeding purposes, or a rescued dog or cat being kept temporarily. This requirement addresses the potential for disturbances that may be caused by large number of animals in a residential setting as well as the potential for puppy and kitten mill scenarios. Where, however, an in-home breeding kennel houses its animals primarily in an accessory building or structure on the property, the limit on the number of animals kept shall not apply provided that the other requirements of the by-law are met.

Other conditions include: • compliance with the Ontario Society for the Prevention of Cruelty to Animals Act; • compliance with relevant codes of practice or codes of ethics; and, • identification of the dogs or cats with a municipal tag or a microchip or a legible

tattoo. These options give due consideration to the fact that many of the dogs and cats are also used in showing which may be negatively impacted by the use of collars and tags.

To protect public health and safety, and the consumer, and to prevent nuisance while giving due consideration to animal welfare, the proposed schedule for the licensing of in-home breeding kennels also: • provides for limitations on breeding, selling and transferring dogs and cats; • requires veterinary care for sick or injured animals, as appropriate; • requires clean and sanitary conditions, good ventilation and lighting, and suitable

temperature for areas where animals are housed; • requires that any enclosures that are provided must be clean and of adequate size,

with access to food and water; and, • animals must be confined to the premises.

The proposed Schedule 32 also provides that the Chief License Inspector may impose additional conditions on a license as may be deemed necessary to ensure the health, safety and well-being of the public.

As with other license categories, there would be an ability to deny and revoke licenses for non-compliance.

Recreational Kennels

A number of holders of kennel licenses under the existing by-laws of the former municipalities are not involved in breeding or in boarding of dogs or cats; rather, they keep dogs for recreational purposes, such dog sledding or dog skijoring (a winter sport where a person on skis is pulled by a dog or dogs). The dogs involved in these operations are owned by the licensee and are often kept in the residence, but are not

7 bred for sale. Based on consultations with licensees in this category, however, their operations seemed sufficiently different from the other two to warrant a separate licensing regime, proposed as Schedule 33 (included in Document 1 attached).

Although recreational kennels are not involved in breeding, they are similar to in-home breeding kennels in many aspects, such as certain conditions of issuance and renewal, the need to place some limits on numbers (where the dogs are kept in the residence), and animal care requirements. The proposed Schedule 33 is therefore based largely on the provisions of Schedule 32 (In-Home Breeding Kennels), with some exceptions such as no reference to cats. There are no known kennels involving cats for recreational purposes and therefore, the proposed Schedule 33 only refers to dogs.

General

The effective date of May 1, 2013, is proposed to provide some implementation time. A provision to extend the current licensing period, which ends April 30th, for an additional month for this year has been included. The proposed by-law also includes a provision to allow current licensees to renew their license under the new by-law, if approved, rather than apply for a new license.

Amendment to the Animal Care and Control By-law

The Animal Care and Control By-law (No. 2003-77) limits the number of dogs and cats which may be kept in a dwelling unit to three (3) and five (5) respectively, with some exceptions including a licensed kennel. An administrative amendment to By-law No. 2003-77 is therefore necessary to include the proposed new kennel categories of boarding kennel, in-home breeding kennel and recreational kennel as being exempt from the aforementioned limit.

RURAL IMPLICATIONS There are no specific rural implications associated with the recommendations.

CONSULTATION

Initial Consultation

Approximately 110 existing kennel licensees, many of which are in the in-home breeding kennel category, as well as other organizations such as the Ottawa Humane Society and the Ottawa Kennel Club, were invited to attend meetings to review and discuss the proposed regulations. The general public was invited to attend one of the meetings through a notice in the local dailies. Approximately sixty (60) individuals and organization representatives attended the meetings. Meetings/discussions with individuals and groups representing both the boarding kennel operators and the in-home breeders also took place. The report and draft by-laws were circulated to the Rural Affairs Office as well.

8 Following review of comments both shared at the meetings and provided subsequently, a re-draft of the proposed regulations was circulated to those who expressed an interest or who attended the consultations. Approximately forty (40) rural community associations were also advised of the impending consideration of the proposals. Eleven (11) written comments related to the proposed boarding kennel regulations and seven (7) related to in-home breeding kennels were received. Comments were incorporated into the draft regulation based on legal authority and reasonableness. Current licensees and those who commented on the proposed regulation were notified of the Agriculture and Rural Affairs Committee meeting at which the item would be discussed. Notification was also posted on the City’s website in accordance with the Notice By-law, as amended.

Many of the suggested amendments were incorporated into the proposed regulations in some form. The issues outlined below were however among the more significant of those raised during the consultations. Staff’s position with respect to these issues is provided.

Licensing of In-Home Breeding Kennels

Given some limitations with respect to inspecting private residences, the initial proposal with respect to this group was not to license it, but simply to exempt it from the limit on the number of cats and dogs that may be kept, which is prescribed in the Animal Care and Control By-law. However, the Ottawa Humane Society prefers that in-home breeders be licensed given its view that licensing contributes to the prevention and control of puppy and kitten mills. Further, many of the in-home breeders themselves also preferred to be licensed, being of the opinion that licensing provides a form of validation for their activities and that it might help address concerns precipitated by irresponsible breeders.

Limit on the Number of Dogs/Cats Kept by In-Home Breeding Kennels

The licensing proposal with respect to in-home breeding kennels includes a limit of ten (10) on the number of dogs or cats over the age of twenty (20) weeks that may be kept for breeding, showing or other purposes, to which some establishments object given, in part, that not all of the dogs or cats they keep are active; that is, some are retired so are no longer being used for breeding or showing, yet they are still part of the family. The limit of ten (10) was determined through the consultations with stakeholders, based on numbers kept by the majority currently, and the number that seems reasonable to meet their operational requirements. This limit is also recommended as a precaution to prevent puppy and kitten mills, and is supported by the Ottawa Humane Society. As well, a limit on the number would also reduce the potential for nuisance that may result from a larger number of animals.

Existing In-Home Breeding Kennels

To staff’s knowledge, only a few of the known in-home breeders may not meet the licensing requirements outlined in Schedule 32. The one factor that may prevent this however relates to the limit on the number kept. In one case, the in-home breeder has

9 twenty-two (22) dogs. It is anticipated however that most of the current in-home breeders will be able to meet the requirements and, as a result, staff does not recommend the grandfathering of any existing establishments.

Further Consultation

At its meeting of October 4, 2012, the Agriculture and Rural Affairs Committee deferred this report and the draft regulations. At that time, four (4) motions authored by staff were put forward to Committee and these were also deferred and not considered by Committee. The motions are identified below, along with their treatment and/or inclusion by staff, as the case may be, in this report and in the draft regulations. (Note that any changes made to the draft regulations that were put forward to the Committee in October have been underlined and shaded in Document 1. An asterisk is added where the change is as a result of a motion that was deferred.)

1. BE IT RESOLVED THAT the draft Schedule 32 relating to in-home breeding establishments, found in Document 1 of the staff report, be amended to allow the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton to be temporarily exempted from the limit of dogs or cats prescribed in Section 3(2)(d) until April 1, 2018, provided there has been no change in location of the premises and that the holder of the valid license complies with all of the other requirements of the By-law.

• The motion has been incorporated into the draft by-law attached as Document 1.

2. BE IT RESOLVED THAT the draft Schedule 32 relating to in-home breeding establishments, found in Document 1 of the staff report, be amended to provide that the ten (10) dog or cat limit prescribed in Section 3(2)(d) does not include up to three (3) dogs or five (5) cats kept on the premises that are retired from breeding and that are sterilized.

• The motion has been incorporated into the draft by-law attached as Document 1. As well, following further consultation, the provision was modified to add a rescue dog or cat to the number that may be kept temporarily.

3. BE IT RESOLVED THAT the draft by-law, found in Document 1 of the staff report, be amended accordingly to provide that the holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton or an new applicant for a license who does not meet the definition of either a “kennel” (Schedule 31) or an “in-home breeding establishment” (Schedule 32) be permitted to make application for a license under Schedule 32 provided that the applicant meet all the requirements of Schedule 32 except those that relate directly to breeding and provided that they do not undertake to breed their dogs or cats, but should the applicant commence a breeding operation, the applicant would have to comply with all requirements prescribed in Schedule No. 32;

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BE IT FURTHER RESOLVED THAT staff be given authority to make any administrative amendments to the by-law including numbering changes and minor re-wording to give effect to this motion.

• The motion was intended to provide for recreational kennels. A separate licensing schedule to encompass recreational kennels has been added to the draft regulations in Document 1.

4. BE IT RESOLVED THAT, as a technical amendment, the definition of “in-home breeding establishment” under Section 1 of the draft by-law, found in Document 1 of the staff report, be amended to replace “are being bred or raised” where it is found in the definition to “are being bred and raised”.

• The motion has been incorporated into the draft by-law attached as Document 1.

As well, a number of issues were raised by the delegations at the October 4th Committee meeting, as outlined below, including staff responses. A. Ontario Society for the Prevention of Cruelty of Animals vs. Ottawa Humane

Society • A few delegations objected to the proposed regulations on the basis of a specific

cruelty investigation and case being conducted by the Ontario SPCA in another part of the Province (Jessica Johnson case)

• The OSPCA, which head office is in Newmarket, and the Ottawa Humane Society (OHS) are two separate and distinct organizations – the OHS is only an affiliate of the OSPCA; it requires this affiliation in order to have its inspectors appointed to enforce the OSPCA Act

• Reference in draft regulations is to the OSPCA Act, not the organization • The OHS has confirmed that it does not use extreme tactics in the enforcement

of the Act.

B. Concern that regulating in-home breeding kennels will not prevent puppy/kitten mills or “back yard” breeders • Without any regulations and mechanisms through which to address problems

associated with these types of operations, they can occur • For example, there was such an operation in former West Carleton but the City

could not act because there are no regulations in that former municipality to address such issues

• Reputable operators will be able to meet the requirements. C. Licensing veterinary hospitals as boarding kennels

• A few delegations felt that veterinary hospitals which board dogs and cats should have to obtain a license

• There are only 4 (of over 20) veterinary hospitals in Ottawa which board non-patient animals

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• The College of Veterinarians of Ontario, the licensing body for veterinarians, already regulates animal confinement and it is therefore inappropriate for the City to duplicate these regulations.

D. Confusion regarding zoning for in-home breeding kennels

• In the original draft of the regulations, the permitted zones for in-home breeding kennels were erroneously identified in the draft regulations and included certain zones in which kennels are not permitted by the Zoning By-law

• That has been corrected in the draft regulations – all kennels, regardless of category, must comply with zoning requirements

• Any kennels licensed currently that have legal non-conforming right status from a zoning perspective will be able to continue to be licensed but will still have to comply with the other requirements of the regulations.

E. The ability to appeal the Chief License Inspector’s power to impose additional

conditions on a license is absent from the proposed regulations • The appeal process is in fact outlined in the General Provisions of the Business

Licensing By-law which do not form part of the proposed regulations • Staff has made the relevant sections of the General Provisions available to those

wishing to view them. F. Preventing biohazard issues in in-home breeding kennels

• There was a concern that By-law Officers entering to do inspections might introduce disease into areas where newborn puppies/kittens are located

• By-law Officers have no right of entry into a private residence which is the primary operating location of an in-home breeding kennel

• If puppies/kittens are present and By-law Officers must inspect, then they will have protective-wear and will follow a Standard Operating Procedure, as appropriate, or will re-schedule the inspection if possible.

G. Operation of both an in-home breeding kennel and a boarding kennel – is a

license required for each? • Yes, two separate licenses would be required as these are two distinct

businesses/operations • Another example: a garage that sells tobacco needs both a public garage license

and a tobacco vending license • If one business terminates, the other can carry on, provided that it meets all of

the applicable licensing requirements.

H. Will/should existing licensees have to re-apply for a new license? • The proposed regulations provide that existing licensees will only have to meet

the renewal conditions and comply with the regulations. I. Purebred vs. “designer” dogs (e.g. labradoodles)

• The original draft regulations provided that: “the applicant is a member in good standing of a bona fide dog or cat registry or organization, such as the Canadian

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Kennel Club or the Canadian Cat Association respectively, or other such organization as may be approved by the Chief License Inspector”

• Breeders of “designer” dogs will not be able to comply with this provision unless organizations or clubs for those types of breeders exist – there are some clubs but it is inconsistent across the various types of “designer” dogs

• That provision, which was intended to establish some standards, has been deleted from the draft regulations as there are sufficient protections without it – the Ottawa Humane Society is in agreement

J. Limit on numbers kept by in-home breeding kennels – should retired dogs,

dogs brought in temporarily for breeding purposes, and rescues be included? • One of the motions put forward by staff in October addressed retired dogs – it

has been incorporated into the attached draft regulations • A second motion addressed dogs being temporarily used for breeding purposes

and the Ottawa Humane Society is in agreement – it has been incorporated into the attached draft regulations

• The second motion also addressed rescues and has been incorporated, although the one staff concern, and that of the Ottawa Humane Society, is that including a rescued dog or cat would start to increase the numbers to a point that may defeat the purpose of the regulations, i.e. nuisance control, proper care for dogs. Rescue dogs are often very high maintenance dogs given their often unfortunate history.

K. Recreational kennels – they are neither in-home breeding nor boarding

kennels • The original draft included a licensing schedule for boarding kennels and one for

in-home breeding kennels. Recreational kennels are unique given that their purpose is neither to bred or to board dogs, but to provide recreational opportunities for their owners

• A separate schedule for this category has been developed and is attached as part of Document 1.

The foregoing issues formed part of the discussions at two additional consultations that took place – one in November 2012 with stakeholders generally and another in January 2013 with the Ottawa Kennel Club. Comments arising from those sessions, albeit few, were incorporated into the draft regulations. No new issues were raised as a result of those consultations. The majority of stakeholders were in support of the proposals.

COMMENTS BY THE WARD COUNCILLOR(S)

This is a City-wide report.

LEGAL IMPLICATIONS

There are no legal impediments to implementing the recommendations of this report.

13 RISK MANAGEMENT IMPLICATIONS

There are no risk management impediments associated with the recommendations.

FINANCIAL IMPLICATIONS

There are no financial implications associated with the recommendations as the costs, if any, are included in the current budget for By-law and Regulatory Services. No incremental costs are anticipated.

ACCESSIBILITY IMPACTS

The recommendations will have no negative impact on people with disabilities and/or seniors.

TECHNOLOGY IMPLICATIONS

There are no technological implications directly associated with the recommendations.

TERM OF COUNCIL PRIORITIES

There is no direct impact on the 2010-2014 Term of Council Priorities associated with the recommendation.

SUPPORTING DOCUMENTATION

Document 1 – Revised Draft By-law to amend the Licensing By-law, including Schedule 31 Relating to Boarding Kennels, Schedule 32 Relating to In-Home Breeding Kennels and Schedule 33 Relating to Recreational Kennels

DISPOSITION

If the recommendation is approved, By-law & Regulatory Services, in consultation with Legal Services, to process the by-law and related amendments to Council for enactment

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DOCUMENT 1 BY-LAW NO. 2012-

[ * - Indicates where a motion put forward at the October 4th ARAC meeting has been incorporated into the draft by-law] A by-law of the City of Ottawa to amend By-law No. 2002-189 with respect to boarding kennels, and in-home breeding kennels establishments and recreational kennels, and to repeal the provisions respecting kennels in certain by-laws of the old municipalities. The Council of the City of Ottawa enacts as follows: 1. Section 1 of By-law No. 2002-189 entitled “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses”, as amended, is amended by adding thereto the following definitions: “cat” means a male or female domesticated cat; “dog” means a male or female domesticated dog;

“in-home breeding kennel establishment” means any premises or part thereof where:

(a) more than three (3) and less than eleven (11) dogs over the age of twenty (20) weeks, or

(b) more than five (5) and less than eleven (11) cats over the age of twenty (20) weeks, or,

(c) more than three (3) dogs over the age of twenty (20) weeks or more than five (5) cats over the age of twenty (20) weeks, where the primary housing for the dogs or cats is in an accessory building(s) or structure(s) on the property,

are owned and being bred *or and raised; "boarding kennel" means any premises or part thereof where: (a) more than three (3) dogs over the age of twenty (20) weeks, or (b) more than five (5) cats over the age of twenty (20) weeks, are boarded, raised or trained, for any period of time that includes an

overnight stay, for remuneration;

“recreational kennel” means any premises or part thereof where: (a) more than three (3) dogs and less than eleven (11) dogs over the age

of twenty (20) weeks, or (b) more than three (3) dogs over the age of twenty (20) weeks where the

primary housing for the dogs is in an accessory building(s) or structure(s) on the property,

are owned and raised for non-commercial recreational purposes, such as dog sledding, but are not bred for sale;

15 2. Section 9 of the said By-law No. 2002-189 is amended by adding thereto immediately after clause (30), the following clauses: (31) every person who owns or operates a boarding kennel; (32) every person who owns or operates an in-home breeding kennel

establishment; (33) every person who owns or operates a recreational kennel 3. Schedule “A” of the said By-law No. 2002-189 is amended by adding thereto the following items: Column 1 Column 2 Column 3 Description of License License Fee $ Expiry Date BOARDING KENNEL 100.00 April 30 IN-HOME BREEDING 75.00 April 30 KENNEL ESTABLISHMENT RECREATIONAL 75.00 April 30 KENNEL 4. The said By-law No. 2002-189 is amended by adding thereto, immediately after Schedule No. 30, the Schedule No. 31 Relating to Boarding Kennels, and the Schedule No. 32 Relating to In-Home Breeding Kennels Establishments, and the Schedule No. 33 Relating to Recreational Kennels, attached hereto. REPEAL OF OLD MUNICIPALITIES’ BY-LAWS OLD CITY OF CUMBERLAND 5. By-law 86-87 of the old Corporation of the Township of Cumberland entitled “A by-law to provide for the licensing of dogs and the regulating of the keeping of dogs”, as amended, is repealed. OLD CITY OF GLOUCESTER 6. By-law No. 170-2000 of the old Corporation of the City of Gloucester entitled “Being a by-law of The Corporation of the City of Gloucester to provide for licensing, regulating and governing certain trades, callings, businesses, occupations or Home Occupations”, as amended, is amended: (a) by repealing the definition “Kennel” where it occurs in Section 1, (b) by repealing item “Kennels A-25” where it occurs in Schedule “A”, (c) by repealing Schedule “A-25”, and (d) by repealing the item “Kennel $150.00” where it occurs in Schedule

“C”.

16 OLD TOWNSHIP OF GOULBOURN 7. By-law 11-95 of the old Corporation of the Township of Goulbourn entitled “Being a by-law for the licensing, regulating and keeping of animals”, as amended, is repealed. OLD CITY OF KANATA 8. By-law No. 139-00 of the old Corporation of the City of Kanata entitled “Being a by-law of The Corporation of the City of Kanata to provide for licensing, regulating and governing certain trades, callings, businesses or occupations”, as amended, is repealed. OLD CITY OF NEPEAN 9. By-law No. 135-2000 of the old Corporation of the City of Nepean entitled “Being a by-law of The Corporation of the City of Nepean to provide for licensing, regulating and governing certain trades, callings, businesses or occupations”, as amended, is amended: (a) by repealing item “20 Kennels” where it occurs in the Index to

Licenses, (b) by repealing item “Kennels” where it occurs in Schedule “A” entitled

“FEES FOR LICENSES”, and (c) by repealing Schedule 20 entitled “Kennel License”. OLD CITY OF OTTAWA 10. By-law Number L6-2000 of the old Corporation of the City of Ottawa entitled “A by-law of The Corporation of the City of Ottawa respecting licenses”, as amended, is repealed. 11. By-law Number 59-76 of the old Corporation of the City of Ottawa entitled “A by-law of The Corporation of the City of Ottawa respecting Kennels and the Limitation of the Number of Cats and Dogs”, as amended, is repealed. OLD TOWNSHIP OF OSGOODE 12. By-law No. 83-2000 of the old Corporation of the Township of Osgoode entitled “Being a by-law concerning kennels” is repealed. OLD TOWNSHIP OF RIDEAU 13. By-law No. 39/99 of the old Corporation of the Township of Rideau entitled “Being a by-law to regulate the keeping of dogs in the Township”, as amended, is repealed.

17 OLD TOWNSHIP OF WEST CARLETON 14. By-law No. 90 of 2000 of the old Corporation of the Township of West Carleton entitled “Interim Control By-law – Kennels” is repealed. 15. By-law No. 16 of 1999 of the old Corporation of the Township of West Carleton entitled “Being a By-law to provide for the keeping, licensing and control of dogs in the Township of West Carleton”, as amended, is repealed. EFFECTIVE DATE 16. This by-law shall come into effect on the 1st day of May, 2013. ENACTED AND PASSED this day of CITY CLERK MAYOR

18

SCHEDULE NO. 31 Relating to Boarding Kennels

LICENSES REQUIRED 1. (1) Every owner or operator of a boarding kennel shall obtain a boarding kennel

license. (2) A separate license shall be obtained for each premises at which a boarding

kennel is being operated. EXEMPTIONS 2. This schedule does not apply to: (a) an accredited veterinary facility under the supervision of a veterinarian

licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended,

(b) premises that are registered with the City as premises where dogs or cats are receiving temporary foster care, and

(c) the local animal shelter operated by the Ottawa Humane Society. CONDITIONS FOR ISSUANCE 3. (1) No individual other than the owner or operator of a boarding kennel shall

apply for a boarding kennel license. (2) No applicant for a boarding kennel license shall be issued a license unless: (a) the applicant is at least eighteen (18) years of age; (b) the applicant submits to the Chief License Inspector a detailed plan

that includes the following information: i. the maximum number of dogs or cats that may be boarded,

raised or trained in the boarding kennel, ii. procedures as to how sickness, disease or injuries to a dog or

cat will be handled at the boarding kennel, iii. name and telephone number of emergency veterinarian on call,

and, iv. procedures established for an emergency evacuation;

(c) the premises comply with the zoning, building and property standards requirements of the City;

(d) if deemed necessary by the Fire Chief, the Fire Chief has reported in writing that the premises complies with all applicable fire regulations;

(e) an authorized Inspector or Agent appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36, as amended, or any successor thereto, has reported in writing that the premises, and the animals housed on the premises, have been inspected and meet the requirements of the Act and any Regulations thereunder;

19 (f) the applicant has agreed to indemnify and save harmless the City of

Ottawa as required by Section 7 of this Schedule; (g) the applicant has filed proof of insurance as required by Section 8 of

this Schedule; and, (h) the applicant has paid the fee set out in Schedule “A”. (3) Despite Section 3(1), the holder of a valid kennel license issued under the

by-law of a former municipality in Ottawa-Carleton may renew said license under this by-law but is not required to apply for a license under this Schedule as a new applicant.

(4) Despite the expiry date of April 30 set out in Schedule “A”, the license of the

holder of a valid kennel license issued under the by-law of a former municipality in Ottawa-Carleton is extended until May 30, 2013.

4. The Chief License Inspector may impose such additional conditions with respect to the issuance of a boarding kennel license, as he or she deems necessary to ensure the health, safety and well being of the public. CONDITIONS FOR RENEWAL 5. No boarding kennel license shall be renewed unless: (a) if deemed necessary by the Chief License Inspector, the Fire Chief

has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;

(b) if deemed necessary by the Chief License Inspector, an authorized Inspector or Agent appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36, as amended, or any successor thereto, has reported in writing that the premises, and the animals housed on the premises, have been inspected and meet the requirements of the Act and any Regulations thereunder;

(c) the applicant has agreed to indemnify and save harmless the City of Ottawa as required by Section 7 of this Schedule;

(d) the applicant has provided proof of insurance as required by Section 8 of this Schedule; and,

(e) the applicant has paid the fees outlined in Schedule “A” of this by-law. 6. The Chief License Inspector may impose such additional conditions with respect to the renewal of a boarding kennel license, as he or she deems necessary to ensure the health, safety and well being of the public. INDEMNIFICATION 7. The licensee shall indemnify and save harmless the City of Ottawa from and against any and all claims, causes of action, loss, costs or damages that the City of

20 Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the licensee of the licensee’s obligations under the license whether with or without negligence on the part of licensee, the licensee's employees, directors contractors and agents. INSURANCE 8. (1) Every applicant for a boarding kennel license shall file with the Chief

License Inspector proof of insurance of Commercial General Liability insurance coverage subject to limits of not less than Two Million ($2,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof.

(2) The proof of insurance shall contain an endorsement to provide the Chief

License Inspector with thirty (30) days prior written notice of any cancellation or of a material change.

TRANSFERS OF LICENSE 9. The boarding kennel licenses issued pursuant to this Schedule are not transferable. POSTING OF LICENSE 10. No licensee shall fail to post the boarding kennel license in a prominent location on the licensed premises so as to be clearly visible to the public. POSTING OF EMERGENCY EVACUATION PLAN 11. No licensee shall fail to post the emergency evacuation plan referred to in Section 3(2)(b)iv. in a prominent location on the licensed premises so as to be clearly visible to staff and to the public. RECORDS 12. (1) No licensee shall fail to ensure that a record is made in a clear and legible

manner and contains the following information at a minimum: (a) the name of every owner of a dog or cat left at the boarding kennel,

including an emergency contact number, (b) the name, breed and description of every dog or cat left at the

boarding kennel, (c) verification of rabies immunization, and, (d) the dates of arrival and departure of every dog or cat. (2) No licensee shall fail to ensure that the records are available upon request

for inspection by the Chief License Inspector.

21 GENERAL REGULATIONS Care of Dogs and Cats 13. (1) No licensee shall fail to ensure that: (a) knowledgeable and experienced staff are in charge of and responsible

for the care and safeguarding of the dogs or cats, and (b) all persons responsible for the care, feeding or cleaning of the dogs or

cats are adequately instructed and supervised in the handling and care of the dogs or cats.

(2) No licensee shall fail to maintain and make readily available to boarding

kennel staff at all times written dog or cat care procedures providing: (a) methods of handling the dogs or cats generally and in the event of

escape, (b) methods for handling sickness, injury or death of a dog or cat, (c) methods for handling situations in which a dog or cat has bitten a

person or another dog or cat, and, (d) contact information for a veterinarian, for the Ottawa Humane Society

and for City of Ottawa By-law & Regulatory Services. (3) No licensee shall fail to ensure that any dog or cat indicating symptoms of

serious illness or serious injury requiring veterinary attention is: (a) isolated, if appropriate, (b) examined by a veterinarian within a reasonable period of time from the

onset of the symptoms of illness or injury, or as authorized by the owner or emergency contact on behalf of the owner,

(c) treated in accordance with the veterinarian’s directives, as appropriate, and,

(d) kept in an isolated area separate from all other dogs or cats, if appropriate, until such illness or injury is cured or the risk of contagion is eliminated.

14. No licensee shall fail to ensure that all dog and cat waste materials and dead dogs and cats are disposed of in a manner that will not create a public nuisance or health hazard and in accordance with all applicable laws. Facility Requirements 15. (1) No licensee shall fail to ensure that the boarding kennel is: (a) maintained in a clean and sanitary condition, (b) well-ventilated and well-lit, and, (c) maintained at a temperature suitable for the welfare and comfort of

each dog or cat therein based on its breed, age and health status.

22 (2) No licensee shall fail to ensure that every doorway, window or outside

opening provides an effective barrier against the escape of a dog or cat. (3) No licensee shall fail to ensure that: (a) an exercise area, whether indoor or outdoor, is provided so as to

enable each dog or cat to exercise freely and easily in a manner that will prevent injury to the dog or cat, and,

(b) where dog or cat runs are provided, each run shall: (i) have a minimum floor area that is appropriate for the breed and

size of the dog or cat, (ii) be maintained in such a manner to keep the dog or cat securely

enclosed, and (iii) be free from debris. (4) No licensee shall fail to ensure that the surface of every outdoor yard and

run is: (a) covered in concrete, asphalt, fine gravel or other material or grass

which can be easily cleaned or raked, and (b) cleaned at least once daily. 16. No licensee shall fail to ensure that the property is all areas in which dogs or cats are kept are enclosed, such as by fencing, in such a way as to ensure that all dogs or cats are confined to the property. Housing of Dogs and Cats 17. No licensee shall fail to ensure that every indoor cage or pen used for the keeping or housing of dogs or cats: (a) is of an adequate size to permit the dog or cat confined therein to: (i) stand normally to its full height; (ii) extend its legs and body to their full natural extent; (iii) turn around easily; (iv) move about easily for the purpose of posture adjustments; and, (v) lie down in a fully extended position, (b) has a floor soundly constructed of hard, durable material which is

impervious to water, or which is disposable and replaceable, (c) is equipped with receptacles for food and water, mounted or situated

such that they cannot be easily overturned or contaminated, (d) is in good working condition, (e) is not dangerous to the health or well-being of the dog or cat, and, (f) is maintained in a clean and sanitary condition at all times with all

waste material removed at least twice daily. 18. No licensee shall fail to ensure that dogs or cats confined in cages or runs are exercised appropriately based on their breed and size.

23 19. No licensee shall fail to ensure that every dog or cat is supplied on a daily basis with: (a) food that is nutritionally adequate for the dog or cat, and, (b) adequate amounts of fresh potable water available at all times. 20. No licensee shall fail to comply with all other applicable federal or provincial laws and regulations, and municipal by-laws.

24

SCHEDULE NO. 32 Relating to In-Home Breeding Kennels Establishments

LICENSES REQUIRED 1. (1) Every owner or operator of an in-home breeding kennel establishment shall

obtain an in-home breeding kennel establishment license. (2) A separate license shall be obtained for each premise at which an in-home

breeding kennel establishment is being operated. (3) Applicants for a new or renewed in-home breeding kennel establishment

license shall be exempt from the requirement to pay the processing fee prescribed in Schedule “A” of the By-law.

EXEMPTIONS 2. This schedule does not apply to: (a) an accredited veterinary facility under the supervision of a veterinarian



(c) the local animal shelter operated by the Ottawa Humane Society. CONDITIONS FOR ISSUANCE 3. (1) No individual other than the owner or operator of an in-home breeding

kennel establishment shall apply for an in-home breeding kennel establishment license.

(2) No applicant for an in-home breeding kennel establishment license shall be

issued a license unless: (a) the applicant is at least eighteen (18) years of age, (b) the premises comply with the zoning, building and property standards

requirements of the City; are located in one of the following zones and meets all other applicable zoning requirements of the City: agricultural, environmental protection, mineral extraction, rural commercial, rural countryside, rural residential, rural village, village mixed use, village residential,

(c) the premises comply with property standards requirements of the City, (c) the number of dogs or cats over the age of twenty (20) weeks being

kept for breeding, showing or other purposes does not exceed ten (10);

(d) there are no convictions or outstanding Orders against the applicant issued under the Ontario Society for the Prevention of Cruelty to Animals Act;

25

(f) the applicant is a member in good standing of a bona fide dog or cat registry or organization, such as the Canadian Kennel Club or the Canadian Cat Association respectively, or other such organization as may be approved by the Chief License Inspector,

(e) the applicant complies with the Code of Practice for Canadian Kennel Operations (dogs) or the Code of Practice for Canadian Cattery Operations (cats) established by the Canadian Veterinary Medical Association or any successor document thereto;

(f) the applicant obtains, free of charge, a license for each dog or cat, and the dogs or cats are identified with the municipal tag or a microchip or a legible tattoo at no later than ten (10) weeks of age; and,

(g) the applicant has paid the fee set out in Schedule “A”. *(3) Despite clause (c) of subsection (2): (a) the holder of a valid kennel license issued under the by-law of a former

municipality in Ottawa-Carleton is exempted from the limit of ten (10) dogs or cats over the age of twenty (20) weeks until April 1, 2018, provided that there has been no change in location of the premises and that the holder of the valid license complies with all of the other requirements of the by-law;

(b) the limit of ten (10) dogs or cats over the age of twenty (20) weeks does not include:

(i) up to three (3) dogs or five (5) cats kept on the premises that are retired from breeding and that are sterilized, unless there is a legitimate medical reason preventing sterilization; and,

(ii) either, but not both, of 1. a dog or cat temporarily housed in the kennel for breeding

purposes; or, 2. a dog or cat that has been rescued and is temporarily in the

care of the in-home breeding kennel. (4) Clause (c) of subsection (2) and subsection (3) respecting the limit on the

number of dogs or cats that may be kept shall not apply to the holder of an in-home breeding kennel license where the primary housing for the dogs or cats is in an accessory building(s) or structure(s) on the property provided that all other requirements of this by-law are met.

(5) Despite Section 3(1), the holder of a valid kennel license issued under the




26 4. The Chief License Inspector may impose such additional conditions with respect to the issuance of an in-home breeding kennel establishment license, as he or she deems necessary to ensure the health, safety and well being of the public. CONDITIONS FOR RENEWAL 5. No in-home breeding kennel establishment license shall be renewed unless: (a) if deemed necessary by the Chief License Inspector, a property

standards inspection is conducted and the premises comply with property standards requirements of the City,

(b) subject to subsections 3(3) and (4), the number of dogs or cats over the age of twenty (20) weeks being kept for breeding, showing or other purposes does not exceed ten (10),

(c) there are no convictions or outstanding Orders against the applicant issued under the Ontario Society for the Prevention of Cruelty to Animals Act,

(d) the applicant is a member in good standing of a bona fide dog or cat registry, such as the Canadian Kennel Club or the Canadian Cat Association respectively, or other such organization as may be approved by the Chief License Inspector,

(d) the applicant complies with the Code of Practice for Canadian Kennel Operations (dogs) or the Code of Practice for Canadian Cattery Operations (cats) established by the Canadian Veterinary Medical Association or any successor document thereto,

(e) the applicant renews the existing or obtains a new license, free of charge, for each dog or cat accordingly, and the dogs or cats are identified with the municipal tag or a microchip or a legible tattoo at no later than ten (10) weeks of age, and,

(f) the applicant has paid the fee set out in Schedule “A”. 6. The Chief License Inspector may impose such additional conditions with respect to the renewal of an in-home breeding kennel establishment license, as he or she deems necessary to ensure the health, safety and well being of the public. TRANSFERS OF LICENSE 7. The in-home breeding kennel establishment licenses issued pursuant to this Schedule are not transferable. AVAILABILITY OF LICENSE 8. No licensee shall fail to make available for viewing by clients the in-home breeding kennel establishment license. RECORDS

27 9. (1) No licensee shall fail to ensure that records are maintained showing the

number of dogs or cats being kept in the in-home breeding kennel, and the gender and birth date of each dog or cat.

(2) No licensee shall fail to ensure that the records are available upon request

for inspection by the Chief License Inspector. GENERAL REGULATIONS Breeding, Selling and Transferring 10. No licensee shall cause or permit a female dog or a female cat to: (a) be mated if she is less than one (1) year of age, and, (b) give birth to more than six (6) litters in its lifetime. 11. No licensee shall transfer a dog or cat to its purchaser before the dog or cat is seven (7) weeks of age. Care of Dogs and Cats 12. No licensee shall fail to ensure that any dog or cat indicating symptoms of

serious illness or serious injury is: (a) examined by a veterinarian within a reasonable period of time of the

onset of the symptoms of the illness or the injury, and, (b) depending on the condition, treated in accordance with the

veterinarian’s directives, as appropriate. 13. No licensee shall fail to ensure that all dog or cat waste materials and dead dogs and cats are disposed of in a manner that will not create a public nuisance or health hazard and in accordance with all applicable laws. Facility Requirements 14. (1) No licensee shall fail to ensure that the in-home breeding kennel establishment is: (a) maintained in a clean and sanitary condition, (b) well-ventilated and well-lit, and, (c) maintained at a temperature suitable for the welfare and comfort of

each dog or cat therein based on its breed, age and health status. (2) No licensee shall fail to ensure that: (a) an exercise area, whether indoor or outdoor, is provided so as to

enable each dog or cat to exercise freely and easily in a manner that will prevent injury to the dog or cat, and,


size of the dog or cat,

28 (ii) be maintained in such a manner to keep the dog or cat securely



which can be easily cleaned or raked, and (b) cleaned at least once daily. 15. No licensee shall fail to ensure that the property is all areas in which dogs or cats are kept are enclosed, such as by fencing, in such a way as to ensure that all dogs or cats are confined to the property. Housing of Dogs or Cats 16. No licensee shall fail to ensure that every crate, cage or pen used for the keeping or housing of dogs or cats: (a) is of an adequate size to permit the dog or cat confined therein to: (i) stand normally to its full height; (ii) extend its legs and body to their full natural extent; (iii) turn around easily; (iv) move about easily for the purpose of posture adjustments; and, (v) lie down in a fully extended position, (b) has a floor soundly constructed of hard, durable material which is


such that they cannot be easily overturned or contaminated, (d) is in good working condition, (e) is not dangerous to the health or well-being of the dog or cat, and, (f) is maintained in a clean and sanitary condition at all times with all

waste material removed at least twice daily. 17. No licensee shall fail to ensure that dogs or cats confined in cages or runs are exercised appropriately based on their breed and size. 18. No licensee shall fail to ensure that every dog and cat is supplied on a daily basis with: (a) food that is nutritionally adequate for the dog or cat, and, (b) adequate amounts of fresh potable water available at all times. 19. No licensee shall fail to comply with all other applicable federal or provincial laws and regulations, and municipal by-laws.

29

*SCHEDULE NO. 33 Relating to Recreational Kennels

LICENSES REQUIRED 1. (1) Every owner or operator of a recreational kennel shall obtain a recreational

kennel license. (2) A separate license shall be obtained for each premise at which a

recreational kennel is being operated. (3) Applicants for a new or renewed recreational kennel license shall be exempt

from the requirement to pay the processing fee prescribed in Schedule “A” of the By-law.

EXEMPTIONS 2. This schedule does not apply to: (a) an accredited veterinary facility under the supervision of a veterinarian



(c) the local animal shelter operated by the Ottawa Humane Society. CONDITIONS FOR ISSUANCE 3. (1) No individual other than the owner or operator of a recreational kennel shall

apply for a recreational kennel license. (2) No applicant for a recreational kennel license shall be issued a license

unless: (a) the applicant is at least eighteen (18) years of age; (b) the premises comply with the zoning, building and property standards

requirements of the City; (c) the number of dogs over the age of twenty (20) weeks being kept for

recreational purposes does not exceed ten (10); (d) there are no convictions or outstanding Orders against the applicant

issued under the Ontario Society for the Prevention of Cruelty to Animals Act;

(e) the applicant complies with the Code of Practice for Canadian Kennel Operations established by the Canadian Veterinary Medical Association or any successor document thereto;

(f) the applicant obtains, free of charge, a license for each dog, and the dogs are identified with the municipal tag or a microchip or a legible tattoo at no later than ten (10) weeks of age; and,

30 (g) the applicant has paid the fee set out in Schedule “A”. (3) Despite clause (c) of subsection (2): (a) the holder of a valid kennel license issued under the by-law of a former

municipality in Ottawa-Carleton is exempted from the limit of ten (10) dogs or cats over the age of twenty (20) weeks until April 1, 2018, provided that there has been no change in location of the premises and that the holder of the valid license complies with all of the other requirements of the by-law; and,

(b) the limit of ten (10) dogs over the age of twenty (20) weeks does not include:

(i) up to three (3) dogs kept on the premises that are retired from recreational activities; and,

(ii) a dog that has been rescued and is temporarily in the care of the recreational kennel.

(4) Clause (c) of subsection (2) and subsection (3) respecting the limit on the

number of dogs that may be kept shall not apply to the holder of a recreational kennel license where the primary housing for the dogs is in an accessory building(s) or structure(s) on the property provided that all other requirements of this by-law are met.

(5) Despite Section 3(1), the holder of a valid kennel license issued under the




4. The Chief License Inspector may impose such additional conditions with respect to the issuance of a recreational kennel license, as he or she deems necessary to ensure the health, safety and well being of the public. CONDITIONS FOR RENEWAL 5. No recreational kennel license shall be renewed unless: (a) if deemed necessary by the Chief License Inspector, a property

standards inspection is conducted and the premises comply with property standards requirements of the City;

(b) subject to subsections 3(3) and (4), the number of dogs over the age of twenty (20) weeks being kept for recreational purposes does not exceed ten (10);

(c) there are no convictions or outstanding Orders against the applicant issued under the Ontario Society for the Prevention of Cruelty to Animals Act;

31

(d) the applicant complies with the Code of Practice for Canadian Kennel Operations established by the Canadian Veterinary Medical Association or any successor document thereto;

(e) the applicant renews the existing or obtains a new license, free of charge, for each dog accordingly, and the dogs are identified with the municipal tag or a microchip or a legible tattoo at no later than ten (10) weeks of age; and,

(f) the applicant has paid the fee set out in Schedule “A”. 6. The Chief License Inspector may impose such additional conditions with respect to the renewal of a recreational kennel license, as he or she deems necessary to ensure the health, safety and well being of the public. TRANSFERS OF LICENSE 7. The a recreational kennel licenses issued pursuant to this Schedule are not transferable. RECORDS 8. (1) No licensee shall fail to ensure that records are maintained showing the

number of dogs being kept in the recreational kennel, and the gender and birth date of each dog.

(2) No licensee shall fail to ensure that the records are available upon request

for inspection by the Chief License Inspector. GENERAL REGULATIONS Breeding 9. No licensee shall cause or permit a female dog to: (a) be mated if she is less than one (1) year of age, and, (b) give birth to more than six (6) litters in its lifetime. 10. No licensee shall sell a dog bred at the recreational kennel. Care of Dogs 11. No licensee shall fail to ensure that any dog indicating symptoms of serious

illness or serious injury is: (a) examined by a veterinarian within a reasonable period of time of the

onset of the symptoms of the illness or the injury, and, (b) depending on the condition, treated in accordance with the

veterinarian’s directives, as appropriate.

32 12. No licensee shall fail to ensure that all dog waste materials and dead dogs are disposed of in a manner that will not create a public nuisance or health hazard and in accordance with all applicable laws. Facility Requirements 13. (1) No licensee shall fail to ensure that the recreational kennel is: (a) maintained in a clean and sanitary condition, (b) well-ventilated and well-lit, and, (c) maintained at a temperature suitable for the welfare and comfort of

each dog therein based on its breed, age and health status. (2) No licensee shall fail to ensure that: (a) an exercise area, whether indoor or outdoor, is provided so as to

enable each dog to exercise freely and easily in a manner that will prevent injury to the dog, and,


size of the dog, (ii) be maintained in such a manner to keep the dog securely



which can be easily cleaned or raked, and (b) cleaned at least once daily. 14. No licensee shall fail to ensure that all areas in which dogs are kept are enclosed, such as by fencing, in such a way as to ensure that all dogs are confined to the property. Housing of Dogs 15. No licensee shall fail to ensure that every crate, cage or pen used for the

keeping or housing of dogs: (a) is of an adequate size to permit the dog confined therein to: (i) stand normally to its full height; (ii) extend its legs and body to their full natural extent; (iii) turn around easily; (iv) move about easily for the purpose of posture adjustments; and, (v) lie down in a fully extended position, (b) has a floor soundly constructed of hard, durable material which is


such that they cannot be easily overturned or contaminated,

33 (d) is in good working condition, (e) is not dangerous to the health or well-being of the dog, and, (f) is maintained in a clean and sanitary condition at all times with all

waste material removed at least twice daily. 16. No licensee shall fail to ensure that dogs confined in cages or runs are exercised appropriately based on their breed and size. 17. No licensee shall fail to ensure that every dog is supplied on a daily basis

with: (a) food that is nutritionally adequate for the dog, and, (b) adequate amounts of fresh potable water available at all times. 18. No licensee shall fail to comply with all other applicable federal or provincial laws and regulations, and municipal by-laws.

Documents

Updated Ottawa kennel licensing bylaw