BEING A BY-LAW RESPECTING THE REGULATION, CONTROL, PROTECTION AND IDENTIFICATION OF DOGS IN THE TOWNSHIP OF AUGUSTA
Passed by Council September 12, 2022
REPEALED August 14, 2023 by By-Law 3645-2023.
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3584-2Q22
A BY-LAW RESPECTING THE REGULATION, CONTROL, PROTECTION, AND
IDENTIFICATION OF DOGS IN THE TOWNSHIP OF AUGUSTA
WHEREAS Section 11(3)9 of the Municipal Act, 2001 s.c. allows for lower, tier
municipalities to pass By-Laws respecting matters pertaining to animals;
AND WHEREAS Section 103 of the Municipal Act, 2001 s.c. authorizes municipalities to
pass By-Laws providing for the seizure and impounding of animals:
AND WHEREAS Section 151 of the Municipal Act, 2001 s.c. authorizes municipalities to
pass By-Laws for licensing, regulating, and governing any business carried on within the
AND WHEREAS section 425 of the Municipal Act, 2001, 5.0. 2001, c.25, provides for a
municipality to pass By-Laws providing that a person who contravenes a By-Law of the
municipality passed under the Act is guilty of an offence;
AND WHEREAS section 426 of the Municipal Act, SO: 2001, c.25 provides that no
person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this Act or under a By-Law passed under
AND WHEREAS section 429 of the Municipal Act, SO. 2001, c.25 provides for a
municipality to establish a system of fines for offences under a By-Law of the municipality
passed under this Act;
AND WHEREAS Section 436 of the Municipal Act, 2001 provides for a municipality to
pass By-Laws that authorize the municipality to enter on land at any reasonable time for
he purpose of carrying out an inspection to determine if a By-Law of the municipality is
being complied with, or to determine if an order or direction of the municipality made
under the Act or made under the By-Law is complied with, and may require information,
‘inspect documents and take samples.
AND WHEREAS section 444 of the Municipal Act, 2001, provides that a municipality may
make an order to require a person to discontinue contravening a By-Law and to do the
work required to correct the contravention;
AND WHEREAS Section 445 of the Municipal Act, 2001, provides that if a municipality is
satisfied that a contravention of a By-Law of the municipality passed under the Municipal
Act has occurred, the municipality may make an order requiring the person who
contravened the By-Law or who caused or permitted the contravention or the owner or
occupier of the land on which the contravention occurred to do work to correct the
AND WHEREAS council seeks in the public interest to identify dogs, and to prohibit
dogs from trespassing or running at large, or creating a public nuisance, and to ensure
that dogs that have bitten a person or a domestic animal are appropriately restrained;
NOW THEREFORE The council of the corporation of the Township of Augusta enacts
In this By-Law,
1.1. “Aggressive Dog” shall mean any dog that has been designated aggressive by
an Officer due to the biting, attacking or chasing a person, or animal without
1.2. “Animal” means any member of the animal kingdom, as determined by the
Officer depending on the circumstances.
1.3. “Attack” means physical contact, other than accidental contact, by a dog that
results in bleeding, bone breakage, bruising, a scratch or a sprain to a person,
or animal or damage to clothing worn by a person.
1.4. “Bite” means a wound or wounds to the skin caused by the teeth of a dog; that
causes the skin to puncture, break, bruise or bleed.
1.5. “Board” shall mean to provide a dog with regular food and water and
somewhere to live in return for payment.
1.6. “Care” shall mean having, at all times, the ability to manage, direct, restrict, and
restrain the movement of a dog.
1.7. “Council” means The Council of The Corporation of the Township of Augusta.
1.8. “Describe” means the breed, sex, colour, and disposition of a dog.
1.9. “Dog” means a female or male dog.
1.10. “Dog Tag” shall mean a tag purchased or obtained from the Township bearing
an identification number and the name of the Township.
1.11. “Farm Work Dog” shall mean a dog that is trained and engaged in herding or
acting as guardians of livestock on a farm with a Farm Business Registration
1.12. “Hunting Dog” shall mean a dog that is under the direct supervision of a
person who is a bona fide hunter actively engaged in hunting in accordance
with the Fish and Wildlife Conservation Act, 1997, SO. 1997, c. 41, as
amended, and other applicable law during a permitted season to whom has
been issued such necessary licences and permits as may be required by the
laws of the Dominion of Canada, the Province of Ontario and the Township.
Provided that such person has obtained the prior consent of the owner of the
parcel of land on which the hunting dogs are at large, which consent is obtained
not more than one year prior to the date of the occasion on which the dogs are
1.13. “Kennel” shall mean any premises, building, cage or pen, where 5 to 30 dogs
are lodged, bred, kept or boarded other than a veterinary hospital or clinic. A
kennel shall be deemed the Owner while in care and control of dogs.
1.14. “Small Kennel” shall mean a kennel that consists of five (5)to ten (10) dogs,
and a maximum of eight (8) pups and means the following:
1.14.a. A place where dogs are housed for the primary purpose of pleasure(pets)
1.14.b. A business involving the buying, selling, boarding, or training of dogs or;
1.14.c. A business for the breeding and then selling, trading, exchanging, or
bartering of pups.
1.15. “Large Kennel” shall mean a kennel that consists of eleven (11) to thirty (30)
dogs, pups are excluded, and means the following:
1.15.a. Any premises other than a veterinary hospital or clinic in which the
predominant activity consists of the raising, boarding or training of dogs;
1.15.b. A business involving the buying, selling, boarding or training of dogs or;
1.15.c. A business for the breeding and then selling, trading, exchanging or
bartering of pups.
1.16. “Kennel Identifier Tag” shall mean a tag provided by a kennel and affixed to
all dogs kept at the kennel which identifies the name and phone number of said
1.17. “Leash” shall mean a device of sufficient strength and material for holding a
dog and shall not exceed 1.8 meters (6 feet) in length.
1.18. “Leashed” shall mean a leash securely attached to the dog and being held by
1.19. “Muzzled” shall mean a humane fastening or covering device of adequate
strength placed over the mouth of a dog that does not interfere with the
breathing, panting, ability to drink, or vision of the dog when fitted and
fastened over the mouth of the dog, but that is of sufficient strength to
prevent the dog from biting, the words “Muzzled” and “Muzzling” have a
1.20. “Officer” shall mean the By-Law Enforcement Officer or Canine Control Officer
for the Township of Augusta as appointed by Council, Police Officer, any other
person or company directed by the Clerk to enforce parts of this By-Law,
agents and inspectors designated as such under the Ontario Society for the
Prevention of Cruelty to Animals Act, R.S.O, 1990, c. 0. 36 and all other
Enforcement Officers as may be appointed by the Province of Ontario.
1.21. “Owner” means any person who possesses, harbours, or keeps a dog,
and where the Owner is a minor, the person responsible for the custody of
the minor, and includes a person who is temporarily the keeper or in care
of the dog, the word “Owns” has a corresponding meaning.
1.22. “Property” shall mean a parcel of land, vacant or occupied or to be occupied
by one of more main buildings, structures, or uses, with any accessory
buildings, including all yards, required by the Township of Augusta Zoning By
1.23. “Police Work Dog” shall mean a dog trained and actually engaged in Law
1.24. “Public Nuisance” shall mean an act or process by a dog, or kennel that
interferes with a person’s enjoyment of or damages public or private property,
and anything that disturbs the health and safety of the general public or keeps
people from being comfortable and shall include noises from barking and
whining, and smells from dog feces.
1.25. “Pup” shall mean any dog under the age of twelve (12) weeks.
1.26. “Restrained” shall mean being kept inside a building or house or in an
enclosed pen of sufficient dimensions and strength to be humane and to
prevent a dog from encountering persons other than the Owner of the dog.
1.27. “Running at Large” shall mean a dog being elsewhere than on the property of
the Owner and not being under the immediate control of the Owner.
1.28. “Sanitize” shall mean to clean for the purpose of controlling disease-producing
organisms and “sanitized” has the corresponding meaning.
1.29. “Service Dog” shall mean a dog that has been trained by a qualified facility,
agency or person to provide special services to a person with a disability and is
actively in use for such purposes (i.e. guide dog, therapy dog etc.).
1.30. “Tattoo” shall mean a Canadian Kennel Club registered marking on a dog
which identifies the breeder/kennel.
1.31. “Temporary Guardianship” shall mean any property where up to 4 dogs are
temporarily left in the care of someone other than the Owner. This includes but
is not limited to all dog sitting, doggy day cares, dog walking, and dog
grooming, and shall be considered the Owner when in care of a dog.
1.32. “Township” shall mean the Corporation of the Township of Augusta.
1.33. “Veterinarian” shall mean a person registered to practice veterinary science
under the Veterinarians Act. R.S.O. 1990, c V.3.
1.34. “Without Provocation” when used in reference to a bite or attack on a person
or animal, in the absence of any abuse, assault, teasing, tormenting,
unwanted physical contact or the like by the person or animal who sustained
the bite or attack.
2.1. Every Owner of a dog shall annually, or within thirty (30) days of becoming an
Owner or within twelve (12) weeks of its birth, have the dog to be registered,
described, and licensed by the Township pursuant to this By-Law. Every such
license shall be valid and in force until December 3l of the year purchased.
2.2. Every Owner shall register, describe, and license their dog(s) within thirty (30)
days after taking up residency in the Township.
2.3. On payment of the license fee, the Owner will be furnished with a basic dog tag,
and the Owner shall keep the tag securely fixed on the dog at all times except
that the tag may be removed only while the dog is lawfully used for hunting and
is under the direct control of the Owner or the Owners designate.
2.4. No person shall use a dog tag upon a dog other than for which it was issued, it is
not transferable, and the dog tag shall expire and become void upon the sale,
gifting or death of the dog.
2.5. Upon application for a dog tag or license made in accordance with the provisions
of this By-Law, the Owner shall provide the Township with the name, address
and telephone number of the Owner and other information as requested
2.6. The Township shall have charge of the granting of licenses and shall:
2.6.a. keep a complete register of all dogs in respect of which licenses are issued;
2.6.b. keep an accurate account of all monies paid to the Municipality and;
2.6.c. furnish with each new license a basic dog tag which shall be securely fixed
by the Owner to each dog in respect of which the license is issued.
2.7. All Owners shall pay the appropriate fees as set forth in Schedule A” of this By
3. DOGS AT LARGE
3.1. Hunting Dogs and Police Work Dogs are exempt from this section while fulfilling
3.2. No person shall allow their dog to run at large.
3.3. Any dog found running at large contrary to the provisions of this By-Law may be
seized, impounded, returned to the Owner or disposed of by an Officer
pursuant to the provision of this By-Law.
3.4. Any person may humanely capture a dog running at large and for trespassing
on their property and advise the Officer, who shall seize, impound, return to the
Owner or dispose of the dog.
3.5. Every Owner who fails to maintain care of a dog while off the property of the
Owner may be ordered by the Township or Officer to leash the dog.
4. PUBLIC NUISANCE
4.1. No person shall permit their dog to become or cause a public nuisance.
4.2. A Farm Work Dog shall be exempt from being a public nuisance when creating
noise while engaged in herding or acting as guardians of animals on a farm with
a Farm Business Registration Number.
4.3. A Service Dog shall be exempt from being a public nuisance when creating
noise while engaged in the service provided by the Service Dog to a person.
4.4. Police Work Dogs while they are fulfilling their duties are exempt from this
5. AGGRESSIVE DOGS, DOG BITES, MUZZLING OF DOGS
5.1. An Owner of an aggressive dog shall be notified in writing by the Officer that the
Owner must comply with the provisions in Section 5.
5.2. The Owner of an aggressive dog after having been notified in writing to comply
with the provisions in this section of the By-Law, may request, and is entitled to
a hearing by Council If after two (2) years the dog has not been involved in
any further incidences, and the Owners can establish (for example, by affidavits
of current neighbours, dog trainers and/or veterinarian’s report) that the
propensity and disposition of the dog is no longer aggressive, Council may
decide to relieve the Owner from complying with Section 5. of the By-Law. The
methods of determining whether a dog is still aggressive will be measured
against the severity of the original attack. the age of the dog at the time of the
attack, the methods of training employed to rehabilitate the dog from its
aggressive behaviour, its current environment, the care and sincerity of the
Owner, and the records of the Officer.
5.3. No person/owner shall permit their dog, without provocation, attack, chase or
bite any person or animal.
5.4. The Owner of an aggressive dog shall comply with all the following requirements
when the aggressive dog is ON the property of the Owner:
5.4.a. The aggressive dog shall be confined in an enclosed area or in a fenced
yard, in such a way that the aggressive dog cannot escape the enclosed area
or yard and;
5.4.b. Purchase sign(s) from the Township that shall be posted at all entrances,
in public view, to the property upon which the aggressive dog is kept, notifying
all persons that there is an aggressive dog on the property. The location of the
posted signs shall be approved by the Officer.
5.5. The Owner of an aggressive dog shall comply with all the following requirements
when the aggressive dog is OFF the property of the Owner:
5.5.a. The aggressive dog shall be securely leashed and muzzled in a manner
that prevents it from biting, chasing or attacking a person or persons, or
5.5.b. The aggressive dog shall be under the control of a competent person who
is eighteen (18) years of age or older, capable of caring for the aggressive
5.6. The Owner of an aggressive dog shall pay an annual license fee as prescribed
for aggressive dogs as set forth in Schedule “A” of this By-Law.
5.7. The Owner of an aggressive dog shall at the time of licensing inform the
Township that the dog has been designated aggressive by the Township.
5.8. Should an aggressive dog be sold or gifted, the Owner shall provide the
Township and the Officer with the new address and telephone number of the
new Owner within two (2) working days of selling or gifting the aggressive dog.
5.9. The Owner of an aggressive dog shall advise the Township and the Officer
immediately if the aggressive dog is running at large.
5.10. Once the Township is advised of an aggressive dog running at large, the
Township may notify and warn the public using any resources available.
5.11. The Owner of an aggressive dog shall advise the Township, the Officer, and
the Leeds, Grenville & Lanark District Health Unit immediately if the aggressive
dog has bitten or attacked any person
5.12. The Owner of an aggressive dog shall advise the Township within seven (7)
working days of the death of the aggressive dog.
5.13. In addition to the requirements of this By-Law, the Owner of an aggressive dog
may be subject to other legislation.
6. TEMPORARY GUARDIANSHIP
6.1. Temporary guardianship must comply with the requirements of the Township’s
Comprehensive Zoning By-Law and must comply to all sections of this By-Law.
7.1. No person shall care for, own, board or operate a kennel with more than four (4)
dogs at any one time on any property in the Township of Augusta unless a
kennel license has been obtained by them with respect to such dogs.
7.2. Should the Owner of a kennel permit the kennel or the dogs being cared for to
violate any provisions of this By-Law, the Officer shall give a written notification
order to the kennel Owner requiring the kennel Owner to correct the violations
within the stated period. If the kennel Owner fails to correct the violations, the
kennel license may be revoked.
7.3. An application for a kennel license shall be made to the Township and all
applicable fees paid according to Schedule “A”. Each license, unless
specifically expressed to be a shorter period, suspended, or revoked, shall be
valid until December 31st of the year purchased.
7.4. The Township may request an inspection by a licensed veterinarian, to be
completed before the issuance of any kennel license.
7.5. No person shall operate a “Small Kennel” caring for more than ten (10) dogs. A
“Small Kennel” shall be allowed to keep a maximum of eight (8) pups as well as
a maximum often (10) dogs.
7.6. No person shall operate a “Large Kennel” caring for more than a maximum of
thirty (30) dogs. Pups are excluded.
7.7. The kennel must furnish each dog with a Kennel Identifier Tag similar in manner
to the Township provided tag but unique to that kennel or a kennel specific
tattoo. Kennel Identifier Tags must be securely fixed to each dog while the dog
is boarded or resides within the Township of Augusta. The exception to this
rule is while the dogs are being lawfully used for hunting and are under the
direct control of the Owner or the Owners designate.
7.8. Kennels must provide an example Kennel Identifier Tag or tattoo photo to the
Township upon application for license.
7.9. A Large Kennel” must have separate housing for the dogs from any other use
on the property that may include other buildings or residences. The kennel
building must conform to the Ontario Building Code.
7.10. Any new applicant for a kennel license not previously licensed must first obtain
confirmation from the Township that the property location complies with the
requirements of the Township’s Comprehensive Zoning By-Law and shall be
subject to site plan control.
7.11. Every kennel Owner/operator shall build fencing and runs for kennels and they
shall be located as not to create a public nuisance.
7.12. All fencing and runs required by 7.11 must have a sheltered area and be built in
accordance with the published papers and guidelines of the Canadian
Veterinary Medical Association, in “A Code of Practice for Canadian Kennel
Operations” and the Ontario Building Code.
7.13. All kennels operated in the Township shall maintain dogs and all property in a
humane manner including:
7.13.a. Providing Food and water and;
7.13.b. Ensuring a clean and sanitary property.
7.14. All Large Kennel operators shall:
7.14.a. have their premises inspected by a Licensed Veterinarian at least once
per year and obtain a letter or certificate of compliance from the Licensed
Veterinarian to ensure the kennel is sanitary, and the dogs are safe and being
7.14.b. Post a copy of the letter or certificate of compliance from the Licensed
Veterinarian at the main entrance to the kennel, within public view and;
7.14.c. Present a copy of the letter or certificate of compliance from the Licensed
Veterinarian to the Township upon license application.
7.15. Any kennel license may be suspended pending compliance of a written order
by an Officer.
7.16. Whenever, in this By-Law, a duty is imposed upon the Township to inspect a
property or kennel, the Township and its Officers shall have at their discretion
the ability to retain the services of a qualified individual or consulting agency
with respect to the nature of the inspection or require the Owner to have their
site inspected by a Veterinarian. The fee for such services shall be payable by
the Owner within 30 days of the account being rendered, and if not so paid.
may be added to the tax roll of the property Owner, and shall bear interest at
the same rate that applies to overdue taxes, and collected in like manner as
8. IMPOUNDMENT AND RECOVERY OF DOGS
8.1. An Officer may seize any dog found running at large within the Township of
Augusta or found to be in contravention of the provisions of this By-Law and
cause such dog to be delivered to the Township Pound, or to the dog(s) Owner
if the dog has a valid license.
8.2. No person shall attempt to remove a captured, trapped, or impounded dog from
the care of the Officer, whether the Officer is present or not.
8.3. The Officer may require and order the disposal of any dog that is found to be
running at large and is likely to cause imminent harm to any person or animal or
is injured or ill and it is necessary to be disposed of for public safety and/or
8.4. The Owner of any dog may obtain release of their dog that has been obtained by
the Township Pound or Officer by:
8.4.a. making payment of the fees required by the Pound Operator;
8.4.b. making payment of the municipal release fees as set forth in Schedule “A”
8.4.c. showing proof of a valid dog license or kennel license as issued by the
8.5. If an Owner fails to claim the dog within seven (7) days, the Officer will make
every attempt to adopt them out. In special circumstances, the Township may
prescribe immediate destruction of the dog, or additional storage time.
9.1. Any person who contravenes any provision of this By-Law shall be guilty of an
offence and upon conviction, shall be liable to a penalty as provided under the
Provincial Offences Act. Provincial Offences Act, R.S.O. 1990, c.P33, as
amended, as set out in Schedule “B” Set Fines
10.1. Where a provision of this By-Law conflicts with a provision of another By-Law
enforced in the Township, the provisions that establish the higher standard shall
prevail in order to protect the health, safety and welfare of the general public.
10.2. This By-Law shall come into force and take effect upon its passing.
10.3. Schedules “A” and “B” shall constitute part of this By-Law.
11.1. If any provision of this By-Law or application thereof to any person or
circumstance is held invalid by any Court, other provisions or applications of the
By-Law which can given effect without the invalid provision or application shall
not be affected, and to this end the provisions of this By-Law are declared to be
12.1. This By-Law may be enforced by all Officers.
12.2. No person shall provide false information or give a false statement to an
Officer, employee and/or agent of the Municipality in the lawful exercise of a
power or duty under this By-Law.
12.3. No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an Officer, employee and/or agent of the Municipality
in the lawful exercise of a power or duty under this By-Law.
12.4. Every person shall comply with any Order or Notice issued under the authority
of this By-Law.
13. SHORT TITLE
13.1. This By-Law may be referred to as the “Dog By-Law”.
14.1. By-Law 2577-2022 and all By-Laws relating to the regulation and control of
dogs and contrary to this By-Law are hereby rescinded.
READ a first and second time this 12th day of September 2022
READ a third time and passed this 12th day of September 2022
Signed by Mayor Doug Malanka and Clerk Annette Simonian
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
THE REGULATION AND CONTROL, PROTECTION, AND IDENTIFICATION OF DOGS BY-LAW
SCHEDULE A – FEES
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
PART I PROVINCIAL OFFENCES ACT
THE REGULATION AND CONTROL, PROTECTION, AND IDENTIFICATION OF DOGS BY-LAW
SCHEDULE “B” — SET FINES