New provincial regulations for dogs

Marie-Eve Turpin

Following certain unfortunate incidents related to dog attacks in Quebec in recent years, the National Assembly decided to adopt, in June 2018, the Act to Promote the Protection of Persons by establishing a framework for dogs  to standardize province-wide the way dogs and their owners or guardians must be supervised by municipal authorities. The regulation implementing the Act was enacted on December 4, 2019, and will come into force throughout Québec on March 3, 2020.

At the Council meeting on February 18, the Director of Legal Affairs of the City of Gatineau explained the changes to the municipal by-law following the adoption of the new regulation by the provincial government. Concretely, the by-law puts in place a process allowing municipalities to declare a dog potentially dangerous. When there are reasonable grounds to believe that a dog constitutes a risk to public health or safety (aggressiveness, attack, biting), the municipality may require the owner or guardian to have the dog examined by a veterinarian designated by the municipality so that the dog’s condition and level of dangerousness can be assessed. After reviewing the veterinarian’s report, the municipality may declare the dog potentially dangerous when it is of the opinion that it constitutes a risk to public health or safety. In such cases, the owner of the dog must be given the opportunity to make representations before the municipality declares the dog potentially dangerous or issues an order in respect of the dog. It should be noted that where a dog has bitten or attacked a person, causing serious injury or death, the municipality shall order the dog to be euthanized. It should be noted that the provincial regulation does not designate any particular breed of dog as potentially dangerous.

The new provincial regulation modifies certain standards of the current municipal by-law applicable to potentially dangerous dogs with respect to the type of muzzle and the length of the leash. In a public place, the only type of muzzle allowed will be the basket muzzle, and the maximum length of the leash will be decreased from 2 metres to 1.25 metres. An entirely new provision required by the provincial by-law will be added to the municipal by-law, namely that the animal may only be kept in the presence of a child of 10 years of age or less if it is under the supervision of an adult. The requirements for licensing, rabies vaccine maintenance, sterilization and microchipping will be maintained, as will the requirement to keep the animal in a closed pen and to post a sign on the property indicating the presence of a potentially dangerous dog. For other dogs, those weighing more than 20 kg must wear a halter or harness and be kept on a leash no more than 1.85 metres long. 

Several councillors expressed disappointment with the new provincial regulation, calling it a “backward step”. As Ms Amyot said, “We are acting after the fact rather than preventing it,” adding that “it takes away from our ability to prevent children from being bitten. According to Mr Tessier, “The new regulations really change the way a dog can be declared potentially dangerous. It makes it much more difficult for municipalities to take measures to prevent bites and to declare a dog potentially dangerous. He added that “it will be extremely complex from now on, not to mention the fact that there will have to be veterinarian reports. Ms Boudrias, for her part, would like to explore the possibility of giving the SPCA the mandate to enforce the regulations. “They are qualified; they have the staff; and they know how to do it. I think it would help us.”

It’s important to remember that municipalities can adopt standards that are higher than those set out in the by-law, as long as they are not inconsistent with the by-law. For example, the City will maintain in its by-law certain provisions regarding potentially dangerous dogs that are not required by the new provincial by-law, namely, the obligation to take an obedience course; not to have more than one potentially dangerous dog with you; and not to enter a municipal park, playground, recreational trail or dog exercise area. 

In addition, there are several penal provisions aimed at dog owners and guardians. Depending on the type of offence, they are liable to fines ranging from $250 to $10,000 for an individual, and from $500 to $20,000 in other cases.

It is estimated that there are more than 110,000 dog bites a year in Quebec, of which 64% of the victims are children. In addition, 60% of bites occur in public places.    

“Quebecers have the right to move about and walk in peace. It is our duty to protect one another by adopting vigilant and intelligent behaviour toward dogs, whether we are owners, guardians or mere passers-by,” said Public Safety Minister Guilbault in a statement to the National Assembly.