September 28, 2006

Bill 132 Amendments

Here is a list of every amendment to Bill 132 proposed by every party on February 10, 2005 during the clause-by-clause voting.

All Liberal amendments were carried (accepted).
All Conservative and New Democrat amendments were lost (rejected).

The transcripts of the four committee hearings held prior to this clause-by-clause voting are at the following links:

January 24, 2005
January 27, 2005
February 2, 2005
February 3, 2005

The transcript of the clause-by-clause voting is at:

February 10, 2005

The text of the bill after these amendments is at:

Bill 132 Third Reading



STANDING COMMITTEE ON THE LEGISLATIVE ASSEMBLY
Thursday 10 February 2005
PUBLIC SAFETY RELATED TO DOGS STATUTE LAW AMENDMENT ACT, 2005

Liberals: Mr. Kuldip Kular, Mr. Tim Peterson, Mr. Shafiq Qaadri, Mr. Mario G. Racco, Mr. David Zimmer
Conservatives: Mr. Norm Miller, Mr. Joseph N. Tascona
New Democrats: Mr. Peter Kormos

All Liberals voted in favour of their own amendments and against all others.
All Conservatives and New Democrats voted against all Liberal amendments and in favour of all others.

All Liberal amendments were carried (accepted).
All Conservative and New Democrat amendments were lost (rejected).



SECTION 1

1 Tascona: I move that the definition of "pit bull," as set out in subsection 1(2) of the bill, be struck out.
LOST

2 Miller: I move that clause (b) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be struck out. That is Staffordshire Bull Terrier.
LOST

3 Kormos: I move that clause (c) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be struck out. That is American Staffordshire Terrier.
LOST

4 Kormos: I move that clause (d) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be struck out. That is American Pit Bull Terrier.
LOST

5 Kormos: I move that clauses (b), (c) and (d) of the definition of "pit bull", as set out in subsection 1(2) of the bill, be struck out. That is Staffordshire Bull Terrier, American Staffordshire Terrier, and American Pit Bull Terrier
LOST

6 Kormos: I move that clauses (b) and (c) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be struck out. That is Staffordshire Bull Terrier and American Staffordshire Terrier.
LOST

7 Kormos: I move that clause (b) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be amended by adding, at the end, "except a Staffordshire bull terrier that is registered with the Canadian Kennel Club or the American Kennel Club."
LOST

8 Kormos: I move that clause (c) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be amended by adding, at the end, "except an American Staffordshire terrier that is registered with the Canadian Kennel Club or the American Kennel Club."
LOST

9 Kormos: I move that clause (d) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be amended by adding, at the end, "except an American pit bull terrier that is registered with the United Kennel Club or the American Dog Breeders Association."
LOST

10 Kormos: I move that clauses (b), (c) and (d) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be struck out and the following substituted:
(b) a Staffordshire bull terrier, except a Staffordshire bull terrier that is registered with the Canadian Kennel Club or the American Kennel Club;
(c) an American Staffordshire terrier, except an American Staffordshire terrier that is registered with the Canadian Kennel Club or the American Kennel Club;
(d) an American pit bull terrier, except an American pit bull terrier that is registered with the United Kennel Club or the American Dog Breeders Association.

LOST

11 Kormos: I move that clauses (b) and (c) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be struck out and the following substituted:
(b) a Staffordshire bull terrier, except a Staffordshire bull terrier that is registered with the Canadian Kennel Club or the American Kennel Club,
(c) an American Staffordshire terrier, except an American Staffordshire terrier that is registered with the Canadian Kennel Club or the American Kennel Club.

LOST

12 Zimmer: I move that clause (e) of the definition of "pit bull," as set out in subsection 1(2) of the bill, be struck out and the following substituted:
(e) a dog that has an appearance and physical characteristics that are substantially similar to those of dogs referred to in any of clauses (a) to (d); (`pit bull').

CARRIED

12A Miller: I move that the definition of "pit bull," as set out in subsection 1(2) of the bill, be amended by adding the following closing flush after clause (e):
but, despite clauses (a) to (e), does not include any dog that is registered as a purebred dog by the Canadian Kennel Club.

LOST

13 Zimmer: I move that section 1 of the bill be amended by adding the following subsection:
(2.1) Section 1 of the act is amended by adding the following subsection:

Same

(2) In determining whether a dog is a pit bull within the meaning of this act, a court may have regard to the breed standards established for Staffordshire bull terriers, American Staffordshire terriers or American pit bull terriers by the Canadian Kennel Club, the United Kennel Club, the American Kennel Club or the American Dog Breeders Association.

CARRIED

13A Kormos: I move that government amendment number 13, amending subsection 1(2.1), be amended by deleting the word "may" and replacing it with the word "shall."
LOST

14 Zimmer: I move that the heading immediately before section 4 of the act, as set out in subsection 1(4) of the bill, be struck out and the following substituted: "Proceedings -- Part IX of the Provincial Offences Act".
CARRIED

15 Miller: I move that clause 4(1)(b) of the act, as set out in the bill, be struck out. Clause 4(1)(b) is "the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals."
LOST

16 Miller: I'd like to move that subclause 4(1)(c)(ii) of the act, as set out in the bill, be struck out; and that is, "behaving in a manner that poses a menace to the safety of persons or domestic animals."
LOST

17 Zimmer: I move that section 4 of the act, as amended by subsection 1(5) of the bill, be amended by adding the following subsection:
Standard of proof

(1.3) Findings of fact in a proceeding under this section shall be made on the balance of probabilities.

CARRIED

18 Tascona: I move that subsection 1(7) of the bill be struck out. That deals with dog behaviour posing a menace to the safety of persons or domestic animals.
LOST

19 Tascona: I move that subsection 1(11) of the bill be struck out. It deals with pit bulls and the breed ban, and we don't support that.
LOST

20 Tascona: I move that subsections 4(8) and (9) of the act, as set out in subsection 1(12) of the bill, be struck out. My comments are the same that we used with respect to the previous amendment, because we're dealing with mandatory orders with respect to pit bull destruction.
LOST

21 Zimmer: I move that section 4 of the act, as amended by subsection 1(12) of the bill, be amended by adding the following subsection:
Onus of proof, pit bulls

(10) If it is alleged in any proceeding under this section that a dog is a pit bull, the onus of proving that the dog is not a pit bull lies on the owner of the dog.

CARRIED

22 Tascona: I move that clause 1(13)(b) of the bill be struck out. Once again, it's dealing with dog behaviour posing a menace to the safety of persons.
LOST

24 Zimmer: I move that section 1 of the bill be amended by adding the following subsection:
(13.1) The act is amended by adding the following section:

Precautions by dog owners

Owner to prevent dog from attacking

5.1 The owner of a dog shall exercise reasonable precautions to prevent it from, (a) biting or attacking a person or domestic animal; or (b) behaving in a manner that poses a menace to the safety of persons or domestic animals.

CARRIED

25 Kormos: I move that section 1 of the bill be amended by adding the following subsection:
(13.1) The act is amended by adding the following sections:

Duty of dog owner

Spaying, neutering

5.2 (1) The owner of a dog shall ensure that the dog is spayed or neutered.

Exception

(2) Subsection (1) does not apply in respect of a dog licensed or registered as a show dog or as a breed dog.

LOST

26 Tascona: Tascona: I move that sections 6 to 11 of the act, as set out in subsection 1(14) of the bill, be struck out. Each one of those provisions specifically deals with the pit bull ban.
LOST

27 Tascona: I move that clause 13(3)(b) of the act, as set out in subsection 1(14) of the bill, be struck out. This deals with the warrant provisions, specifically dealing with a dog that's behaved in a manner on more than one occasion that is menacing conduct.
LOST

28 Tascona: I move that subclause 13(3)(c)(ii) of the act, as set out in subsection 1(14) of the bill, be struck out. It's dealing with the warrant provisions again and the dog behaving in a manner that is posing a menace.
LOST

29 Tascona: I move that clauses 13(3)(d) and (e) of the act, as set out in subsection 1(14) of the bill, be struck out. That's dealing with the warrant provisions again, and specifically dealing with the pit bull breed ban.
LOST

30 Tascona: I move that clause 15(1)(b) of the act, as set out in subsection 1(14) of the bill, be struck out. This deals with the seizure of a dog in a public place and deals specifically with the dog's behaviour posing a menace to a person or a domestic animal.
LOST

31 Tascona: I move that subclause 15(1)(c)(ii) of the act, as set out in subsection 1(14) of the bill, be struck out. This deals with seizure in a public place and the conduct of a dog behaving in a manner that poses a menace.
LOST

32 Tascona: I move that clauses 15(1)(d) and (e) of the act, as set out in subsection 1(14) of the bill, be struck out. It deals with seizure in a public place, dealing specifically with the pit bull breed ban.
LOST

33 Kormos: I move that subsection 18(3) of the act, as set out in subsection 1(14) of the bill, be struck out and the following substituted:
Offence of absolute liability

(3) An individual owner of a dog that bites or attacks a person or domestic animal is guilty of an offence and liable, on conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or both.

Same

(4) A corporation that owns a dog that bites or attacks a person or domestic animal is guilty of an offence and liable, on conviction, to a fine of not more than $60,000.

Order for compensation or restitution

(5) If a person is convicted of an offence under this act, the court making the conviction may, in addition to any other penalty, order the person convicted to make compensation or restitution in relation to the offence.

LOST

34 Zimmer: I move that the heading preceding section 19 of the act, as set out in subsection 1(14) of the bill, be struck out and the following substituted:
Identification of pit bull

19(1) A document purporting to be signed by a member of the College of Veterinarians of Ontario stating that a dog is a pit bull within the meaning of this act is receivable in evidence in a prosecution for an offence under this act as proof, in the absence of evidence to the contrary, that the dog is a pit bull for the purposes of this act, without proof of the signature and without proof that the signatory is a member of the college.

Immunity

(2) No action or other proceeding may be instituted against a member of the College of Veterinarians of Ontario for providing, in good faith, a document described in subsection (1).

Onus of proof

(3) For greater certainty, this section does not remove the onus on the prosecution to prove its case beyond a reasonable doubt.

CARRIED

35 Tascona: We move that section 19 of the act, as set out in subsection 1(14) of the bill, be struck out. This is dealing with the reverse-onus provision.
LOST

36 Tascona: I move that section 20 of the act, as set out in subsection 1(14) of the bill, be struck out and the following substituted:
Regulations

20(1) The Lieutenant Governor in Council may make such regulations as the Lieutenant Governor in Council considers necessary or advisable for the purpose of effectively carrying out the intent and purposes of this act.

Same

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,
(a) ensuring that municipalities have the resources they require to enable them to provide effective municipal dog control in the interests of public safety;
(b) providing for the development and implementation of a comprehensive program, including education, training and other measures, to encourage responsible dog ownership;
(c) providing for the development and implementation of a comprehensive dog bite prevention strategy to encourage dog owners to take all reasonable steps to prevent their dogs from biting persons or domestic animals;
(d) providing for the establishment and operation of a province-wide dog bite registry."
LOST

ACCEPT SECTION 1 AS AMENDED
CARRIED



SECTION 2

37 Tascona: I move that subsections 2(2) to (5) of the bill be struck out. This is dealing with the Animals for Research Act in specific reference to the pit bull breed extinction.
LOST

ACCEPT SECTION 2 UNAMENDED
CARRIED



SECTION 3 AND SECTION 4 - NO AMENDMENTS

ACCEPT SECTION 3 AND SECTION 4 UNAMENDED
CARRIED



ACCEPT TITLE OF THE BILL: "BILL 132 AS AMENDED"
CARRIED



ACCEPT BILL 132 AS AMENDED
CARRIED

REPORT BILL 132 TO THE HOUSE AS AMENDED
CARRIED



FOLLOWUP ARTICLE: Our minds are made up - don't confuse us with the facts

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