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Progress on Improving

the Care and


Management of Dogs
PUBLIC CONSULTATION
12 October 2017

Ministry of Home Affairs


Department of Environment and Natural Resources
RECOMMENDED CHANGES
to the
DOGS ACT 2008
PUBLIC CONSULTATION
12 October 2017

Ministry of Home Affairs


Department of Environment and Natural Resources
Andrew Pettit, Director
Positions & Jonathan Nisbett, Veterinary Officer
Proposals Department of Environment and Natural
Resources
Ministry has not vetted proposals
Proposals not final

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Canine Dogs Act 1978
Dogs Act 2017
2008 Amendments
legislation

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Canine Advisory Committee

SPCA, Bda Vet Assn


Consultation
to date - Proposed
legislation
Process Department

AGs Chambers

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Veterinarian
Canine
Advisory
Committee Report

2015

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Seeking public comment on the proposed
amendments to the Dogs Act 2008.
Today

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Person having a dog of the
Public safety
breed he/she desires

State of Responsibility to respond to a


dog attack
Responsibility to prevent a dog
attack
competing
interests Duty to dog owner? Duty to complainant?

Governments response to illegal dogs that havent caused injury?

Is breed-specific legislation unfairly prejudicial?

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Prohibited Breeds Restricted Breeds
American Pit Bull Terrier Akita
American Bulldog Australian Cattle Dog
American Staffordshire Terrier Belgian Malinois
Argentine mastiff (Dogo
Bouvier des Flandres
Argentino)
Boerboel (South African Mastiff) Bull Terrier
Prohibited & Brazilian Mastiff (Fila) Bullmastiff
Restricted Cane Corso Chow Chow

Breeds Neapolitan Mastiff


Presa Canario
Doberman Pinscher
Dogue de Bordeaux
Tosa Inu German Shepherd
Wolf Mastiff English
Wolf Hybrid Rhodesian Ridgeback
Any Cross of the above Rottweiler
Staffordshire Bull Terrier
Any Cross of the above
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Most Popular Breeds & Large Breeds Amongst the Twenty Most
Popular Breeds in 2013
Percent of Percent of Percent of
Breed Population Population Population
2000 - 2012 2013 2017
1. Pitbull 12.4 10.2 6.6
2. Yorkshire terrier 5.5 9.2 10.6
3.
Bermudas 4.
Labrador Retriever
German Shepherd
7.2
6.4
7.6
5.3
7.5
4.8
data 5. Unspecified mixed breed 6.8 4.0 3.4

2013, 2017 10. Boxer 2.1 2.8 2.6
12. Doberman Pinscher 2.2 2.5 2.1
13. Golden Retriever 2.4 2.5 2.2
14. Rottweiler 4.9 2.5 2.1
19. American Bulldog 1.9 1.4 0.7
Labradoodle
20. 0.5 1.2 1.4
(Labrador - Poodle)
The missing positions were occupied by small breeds.
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Dog Attacks Years 2001-2012

Biting...Animal
BitingPerson

Chase...Threat

Improper Care
Biting / Biting /

Restricted/
Prohibited
Percent of Chasing / Cruelty -
Injury to Injury to
Primary Breed Population Threat Improper TOTALS
a an
(All Time) Behaviour care
Person Animal

Pitbull P 12.4% 58 36% 267 53% 245 34% 202 47% 772

German Shepherd R 6.4% 21 13% 24 5% 71 10% 18 4% 134


Bermudas Rottweiler R 4.9% 18 11% 33 7% 93 13% 35 8% 179

data American Bulldog

Jack Russell
P 1.9% 8 5% 19 4% 27 4% 32 7% 86

2013 Terrier
Doberman
Pinscher
R
2.4%

2.2%
7

6
4%

4%
12

8
2%

2%
1

21
0%

3%
2

11
0%

3%
22

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Boxer 2.1% 5 3% 3 1% 11 2% 3 1% 22
Labrador
Retriever
7.2% 5 3% 16 3% 45 6% 3 1% 69

Terrier type 5.3% 5 3% 13 3% 38 5% 15 3% 71


Unspecified mix
breed
6.8% 4 3% 24 5% 48 7% 49 11% 125
Staffordshire Bull
Terrier
R 0.8% 3 2% 4 1% 7 1% 2 0% 16

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How likely is it that an individual pitbull will offend in a
biting/injury or chasing incident at some time in the future?

Adult* Incidents Individual Offenders


Breed Incidents** Recidivism
Population per Adult Offenders per Adult

All Breeds 16,982 1,291 7.6% 915 5.4% 1.41


Bermudas Pitbull 2,151 453 21.1% 306 14.2% 1.48
data Rottweiler 855 144 16.8% 96 11.2% 1.50
2013 German
1,090 117 10.7% 79 7.2% 1.48
Shepherd

Labrador
Retriever 1,222 66 5.4% 50 4.1% 1.32

Unspecified mix 1,192 79 6.6% 60 5.0% 1.32

Excluding
Pitbulls 14,831 838 5.7% 609 4.1% 1.38

*This data considers only Adult dogs, i.e. dogs known to be at least one year of age (born
or added to database before 01-April, 2012).
**This data considers only Biting/Injury and Chasing/Threatening offences committed by
adult dogs. 13
Can Government justify the confiscation, euthanasia or
deportation of a family pet dog that has not yet offended,
Quandary even though its breed is responsible for very high rates of
offences?

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Public Safety Complaints
250

Initial Restrictive policy implemented

200

Amnesty

Effect of 150
Biting upon Person
Restrictive Biting upon Animal
Chase/Threat
policy 100 Improper Care

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0
2001-2003 2003-2005 2005-2007 2007-2009 2009-2011 2011-2013 2013-2015 2015-2017

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Too soft Too harsh
Departments Not enforcing law Breaking up families
various Complicit with illegal Taking it out on the dog
breeding
approaches Actions are unethical
Need more enforcement

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Make the 2008 Act practical and enforceable.
Ensure a robust regulatory framework for:
successful management of dogs;
GOALS of an protection of the public; and
Amended Act protection of the wellbeing of dogs.
Allow implementation of an improved 2008
Act.

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Enable ticketing regime
Major Establish Dog Control Notices
recommended
amendments Establish civil penalties
Compliance & Ensure all illegal dogs were subject to the Act,
Enforcement i.e. dogs beyond the illegal breeding and
excessive numbers

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Limitations on breeding

Major Rescue dog from locked motor vehicle


recommended Establish Off-leash areas
amendments Establish Five Freedoms as welfare standards
Welfare of for animals
dogs
Ban surgical procedures for cosmetic reasons
such as tail docking, ear cropping etc.

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Major Mandatory reporting of dog bites
recommended Public notification of changes in breed
amendments classification
Miscellaneous Controlled breeds in Regulations

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Current Proposed

Remove requirement for


Ticketing Allows for issuing a ticket,
regulations
regime but requires regulations for Develop ticket & system to
format of ticket support it.
Like a parking ticket

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Current Proposed

Dog Control Notice for


dogs out of control offence.
Court may order In lieu of a citation
a) Destruction of the dog; or Notice requires person to
Dog Control b) The keeper to observe remedy deficiency, bring dog
under control & maintain it as
Notice requirements pertaining to
future keeping of this or so
other dogs Legally enforceable; failure
ONLY AFTER OFFENCE HAS to comply would be the
OCCURRED. offence.
Subject to appeal to Minister
and then to the Court

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Current Proposed

Civil penalties Silent on this issue; Does not Civil penalties reduces
exists burden on judicial system

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Current Proposed

Licence specific to dam


& sire (or group of sires)
Health certificate
required
Breeding
Dam: breeding age 2-8
Welfare of Law is silent on these years
female dogs issues.
Maximum 6 litters
No back-to-back litters
Restricted Breeds:
Pre-approved premises
upon application

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Current Proposed

1. No person shall leave a


dog unattended on any
premises unless the dog Five freedoms in Care &
a) has access to drinking Protection of Animals
Water, shelter water; Act:
b) has reasonable shelter
movement against the sun, wind
Hunger, thirst
and rain; and Discomfort
c) is able to move freely Pain, Injury or disease
within an area that is not Fear & distress
less than eighteen
square feet. Express normal behavior

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Current Proposed

Dog handler already


licensed as a security Require approved,
Guard dogs guard under the Private registered handler
Investigators and Guidance on
Security Guard suitability
legislation

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Current Proposed

Prohibit tethering > 4


Tethering hours
Link thickness <
Prohibit tethering in
unsafe circumstances

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Current Proposed

Include pet
stores as a Recordkeeping
professional Already are brokers Level of care
operation Supporting puppy mills?

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Current in Care & Protection Act Proposed

Prohibit
Any person who
leaving dog
.wilfully causes or Officer authorized to
unattended in permits to be caused use reasonable force to
vehicle during any unnecessary extract dog from motor
suffering, pain or injury vehicle to relieve
hot ambient to any animal suffering and administer
conditions commits an offence of aid
cruelty.

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Current Proposed

Prohibit Prohibit cosmetic


surgeries;
cosmetic Prohibit travel for
Not prohibited
surgeries cosmetic surgery;
Implications for breed
standards

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Current Proposed

Mandatory
reporting of Require reporting to
dog No requirement
better have record of
incidents and animals
bites/injury behaviour

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Breed specific legislation / policy
(i.e. generalization of expected behaviour of an
Potentially individual dog based on its breed)
contentious
amendments

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Current Proposal
Not to do away with BSL.
Down-list Pitbull & Am. Bulldog
Place any BSL in Regulation to
minimize variances
Breed specific Dogs of certain breeds (&
mixes thereof) are restricted Public consultation & notice
legislation from breeding & importation
before changes
Possible additional
and to be kept behind a
or policies fence. requirements for keeping:
Higher licence fee
(BSL) Insurance
Fencing
No tethering
Spay/Neuter
No off-leash area
Bite training

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Prohibited Breeds Restricted Breeds
American Pit Bull Terrier American Pit Bull Terrier
American Bulldog American Bulldog
American Staffordshire Terrier ??? Akita
Argentine mastiff (Dogo Argentino) Australian Cattle Dog
Boerboel (South African Mastiff) Belgian Malinois
Brazilian Mastiff (Fila) Bouvier des Flandres
Cane Corso Bull Terrier
Prohibited & Neapolitan Mastiff Bullmastiff

Restricted Presa Canario Chow Chow


Tosa Inu Doberman Pinscher
Breeds Wolf Dogue de Bordeaux
Wolf Hybrid Fila So Miguel (Azorean Fila)
Any Cross of the above Shepherds, All types
Mastiff English
Rhodesian Ridgeback
Rottweiler
Staffordshire Bull Terrier
Any Cross of the above
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Down-listing of pitbull to Restricted
Down-listing of other prohibited breeds
Potentially Breeding of pitbulls? Limit number of litters
contentious
Importation of pitbulls?
issues
Fighting lines
Immigrating/Repatriating families with dogs

Return of dogs previously deported?

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Seizing of non-aggressive dogs,
non-compliant keeping
Potentially
contentious
amendments

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1. Improve
1. Improves the standard
the standard of care of care
2. Create
2. Creates a fair
a fair system
system forfor
dogdog ownership
ownership
Summary
3. 3. Reduces
Reduces pressure
pressure on the
on the judicial
judicial system
system
4. 4.Changes
Changes human
human behaviour
behaviour forfor
thethe better
better
5.5. Creates
Createsframework
frameworkfor
forless
lessinconsistencies
inconsistencies/ /
ambiguity
ambiguity for decisionsfor decisions

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Questions? Comment cards

E-mail: animals@gov.bm
Thoughts?
Department of Environment and Natural Resources
Botanical Gardens
169 South Road
Paget DV-04
Comments due: October 20

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