Dog Bites & Attacks
Dog Bites & Attacks: What the By-Law Enforcement Office Will Do
Depending on the details of the incident, the By-Law Enforcement Officers, OPP, Northwestern Health Unit and/or Hospital may:
- initiate an investigation within as soon as possible
- assist the healthcare provider in assessing the level of risk associated with the exposure
- provide rabies vaccine upon request of the healthcare provider
- confine the dog for a 10-day observation period, usually at home with their owner
- ensure the dog is up to date for their rabies vaccination, which is required by law in Ontario
Once the By-Law Enforcement Office receives information about a dog that has committed a vicious act, the following happens:
- If the dog is still on the loose, an officer will respond immediately.
- If the dog is with the owner and under control, an officer will respond as soon as possible and begin an investigation.
By-Law Enforcement Office staff will walk you through the process after you’ve had a negative encounter with a dog. An officer will:
- investigate the incident
- interview the victim
- request the victim and any witness prepare a written statement detailing the incident
- request medical documentation (if applicable)
- take photographs
- any other evidence pertaining to the incident.
The officer will consolidate all evidence as part of the investigation.
If it’s determined that the dog committed a vicious act, one of the following actions will be taken:
- A written warning will be issued when the vicious act is the first on record with the Town and the dangerous act is not found to be severe.
- A vicious dog order will be issued when the vicious act is found to be severe or was the second or subsequent vicious act on record with the Town.
When the vicious act is the first on record with the Town, an officer will examine all of the circumstances of the specific vicious act when determining if the vicious act is severe. In assessing the circumstances, the officer may consider factors such as:
- The extent of the bite (i.e. single wound vs multiple wounds)
- The extent of the attack injury (i.e. bruising vs fracture)
- The extent of the act of menacing behavior
An officer may give different weight to each of these factors depending on the circumstances and may consider other factors as relevant. An officer will conduct an investigation and review all of the evidence in coming to a decision on severity.
A vicious dog order will include requirements for an owner to comply with, including muzzling the dog, registering the dog as a vicious dog and other restrictions that may be deemed appropriate by the officer.
During an investigation into a vicious act, an officer will consider whether the dog was acting in self-defence at the time of the vicious act. If the officer determines the dog was acting in self-defence, the officer may determine that the dog is not a vicious dog.
When determining if a dog was acting in self-defence, the officer will consider whether:
- the dog was defending itself from a bite or attack
- the severity of the injury was necessary for the dog defending itself from a bite or attack
- the victim was committing a criminal act on the premises of the owner and incurred injuries as a result of being bitten or attacked
Dog Owner’s Liability Act (DOLA)
- The Province of Ontario’s Dog Owners’ Liability Act (DOLA) is a piece of legislation in relation to dogs, including pit bulls, intended to increase public safety.
- If a dog owner is found guilty of an offence under DOLA, a court could issue a control order, fine or a destruction order for the dog.
- You can read the DOLA here.