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Newmarket's proposed pet shop rules may take a bite out of business, resident warns

Restrictions on animal sourcing has one local business owner concerned as town considers slew of reforms to its animal control bylaw, including licensing pet stores

One longtime local pet store owner fears he’ll be hounded out of business if the Town of Newmarket moves to license such shops and impose regulations about where animals can be sourced.

Keith Burgess, who has run Pet Paradise at Leslie Avenue and Davis Drive for almost 30 years, said pet stores will likely suffer “a slow death” as licensing creates a vacuum in the supply of pets that can be offered for sale.

Burgess attended the town’s Jan. 23 open house at the municipal office to learn more about a slew of reforms under consideration to Newmarket’s animal control legislation, which includes pet store licensing.

“It’s been a lifetime for me and losing it is always a concern,” Burgess said of his business that sells dogs, small animals, birds and fish, noting that the internet has been a disruptor in terms of dog sales more than anything else.

The business owner also served as the Pet Industry Joint Advisory Council president for five years and was on its board for two decades. During the 1990s, the council fought hard against so-called puppy mills, Burgess said, because they “absolutely shouldn’t be in existence”.

“I love the new rules being proposed about outside tethering, and I’m happy with the proposed (animal control) regulations because they’re good and good for the animals,” he said. “But there are some things I question … I don’t have a lot of options as far as where to source (animals) from.”

The pet shop owner, who helped the town draw up its permitted animals rules, for example, said the sourcing options offered on a town survey about the issue included municipal shelters, humane societies, animal rescues, and registered breeders.

A call to humane societies this week to inquire about the availability of dogs produced just 38 in all of southern Ontario, he said.

“We source dogs from local households, breeders known to us and people who have bought dogs from us in the past and they bring the offspring in, so it’s a closed loop that we deal with,” Burgess said. “People that we trust. We just have breeders that when they have a litter, we take the whole litter and have the dogs the whole time until they find homes. We don’t call the breeders, they call us.”

Burgess said he hasn’t sold cats since 2019 since people have turned to humane societies to purchase the felines, and he’s not seeing much dog sales, either.

Meanwhile, a member of Oshawa’s first animal care advisory committee, Martin Field, who pushed that city to license pet stores, said there’s plenty of work to be done around the compassionate care of animals. 

Where pet store owners can source their animals is coming forward to Whitby council in April 2020, the animal advocate said.

Field was at Thursday’s open house to research best practices in various municipalities.

“We want to form a partnership with women’s shelters to allow pets on the premises,” he said. “A lot of shelters won’t allow it, so we’re trying to find ways to change that or at least allow fosters so they’ll be exempt from licensing bylaws. Another thing we want to look at is the use of therapy animals in shelters and seniors’ homes.”

Newmarket is the busiest of the three municipalities patrolled by the town’s animal control officers, which includes Aurora and Georgina.

Animal control supervisor Lindsay Clarke said her officers are usually the first responders to calls about suspected cruelty.

“We go and check on the welfare of the animal and if it’s above our means to assist, we either contact police or the new government cruelty line,” Clarke said.

Tickets for dogs running at large are the most frequently issued, especially in Newmarket, she said.

“When the dog is off leash and at a park and not under the care and control of its owner and gets ahold of another domestic animal or a person, that can lead to bites,” said Clarke. “All of our parks have signage that dogs must be on a leash, but everyone kind of treats it as their own little area. Unfortunately, a lot of the time it happens and it gets a bit aggressive between the residents, so we say call us and we’ll be that buffer and we’ll come assist you.”

Injured wildlife takes up the lion’s share of calls to Newmarket’s animal control office at 164 requests for service in 2019, followed by 82 calls for sick wildlife, 57 for deceased wildlife, and 4 calls about coyotes.

Dogs and cats at large, barking, licensing complaints, animal welfare, poop and scoop, and dog bites are all issues that officers deal with.

The town also keeps track of coyote sightings with an online map that shows the location of the coyote, how many were sighted, and whether a pet was involved. You can report coyote sightings via the online map or call 905-895-5193.

Here are some of the proposed reforms to Newmarket’s animal control and licensing rules:

Euthanasia: There is no current protocol for suffering animals. A new regulation will allow animals who are injured or suffering from disease to be humanely euthanized.

Muzzle orders: The town issues an order to an owner to muzzle his or her dog in public if it has been involved in a bite. If new rules are passed, an owner will also be subject to a training order and a dangerous dog owner to ensure citizen and pet safety in public spaces.

Permitted animals: The town’s focus will be to provide an exhaustive list on permitted animals in Newmarket, instead of those that are prohibited. 

Grace period: Animals that were legally in compliance with the current bylaw will be grandfathered until the handler no longer owns the animal to ease the transition between current and proposed rules and regulations.

Responsibility of care for dogs: It’s proposed that the town repeal its regulation regarding standard of care for dogs and enforce a new provincial law that sets the standard for care.

Licensing of domestic animals: No licence is required for a foster animal, but the age at which you must register your pet has been lowered to 12 weeks, from the current 16 weeks. 

Humane tethering: Newmarket is considering updating its regulations to include such things as tethering a dog no longer than four hours in a 24-hour period, and allowing the dog to have access to adequate water, food, shelter and shade.

Animal sourcing for pet stores: Newmarket currently has no rules in this regard. The town is considering best practices from other GTA municipalities such as licencing retail pet shops, and regulating the source of animals for sale from municipal shelters and humane societies, for example.

Vaughan, Richmond Hill, Georgina, and Markham require pet stores to be licensed and to only sell animals obtained from municipally approved sources. Aurora, Bradford West-Gwillimbury, and East Gwillimbury do not require pet shops to be licensed.

The Canadian Kennel Club forbids its members to sell dogs to pet stores.

Care of animals while in pet stores: The town is proposing a number of measures to ensure the health and safety of pets in retail stores, including that food is located so as to avoid contamination, opportunity for periodic exercise, necessary veterinary care when the animal shows signs of pain, illness or suffering, and proper air circulation. 

The Ontario government’s tough new animal welfare services legislation came into force Jan. 1, 2020 and is known as PAWS, or the Provincial Animal Welfare Services Act. It is the first provincial animal welfare enforcement system in the country, along with the strongest penalties for people who violate its laws.

Provincial inspectors also have oversight over livestock, zoos, aquariums and equines. 

To report concerns about an animal in distress or abuse, call 1-833-926-4625.

Newmarket’s proposed new animal control legislation, including pet store licensing, is expected to come before council in spring 2020.

Residents are encouraged to offer their feedback and comments, including taking an online survey here.