Dog Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.D-7
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by An Act to Amend the Dog Act
- s.2 amended by An Act to Amend the Dog Act
- s.2 amended by Tlicho Statutes Amendment Act
- s.3 amended by Miscellaneous Statutes Amendment Act, 2008
- s.3 amended by An Act to Amend the Dog Act
- s.4 amended by An Act to Amend the Dog Act
- s.5 amended by An Act to Amend the Dog Act
- s.6 amended by An Act to Amend the Dog Act
- s.7 amended by An Act to Amend the Dog Act
- s.8 amended by An Act to Amend the Dog Act
- s.9 amended by An Act to Amend the Dog Act
- s.10 amended by Miscellaneous Statutes Amendment Act, 2008
- s.10 amended by An Act to Amend the Dog Act
- s.11 amended by An Act to Amend the Dog Act
- s.12 amended by Miscellaneous Statutes Amendment Act, 2008
- s.12 amended by An Act to Amend the Dog Act
- s.13 amended by An Act to Amend the Dog Act
- s.14 amended by An Act to Amend the Dog Act
- s.15 amended by An Act to Amend the Dog Act
- s.16 amended by An Act to Amend the Dog Act
- s.17 amended by An Act to Amend the Dog Act
- s.18 amended by An Act to Amend the Dog Act
- s.19 amended by An Act to Amend the Dog Act
- s.20 amended by An Act to Amend the Dog Act
- s.21 amended by An Act to Amend the Dog Act
- s.22 amended by An Act to Amend the Dog Act
- s.23 amended by An Act to Amend the Dog Act
- s.24 amended by An Act to Amend the Dog Act
- s.25 amended by An Act to Amend the Dog Act
- s.26 amended by An Act to Amend the Dog Act
INTERPRETATION
Definitions
1.(1) In this Act,
"caretaker" means a person who has appropriate facilities for keeping a dog; (gardien)
"court" means the Territorial Court or a justice of the peace; (cour)
"dog" includes male and female dogs and an animal that is a cross between a dog and a wolf; (chien)
"immediate control" means control of a dog by
(a) leash, tether, lead or another device, or
(b) hand, voice or the use of visual or audible signals;
(contrôle immédiat)
"muzzle" means to secure the mouth of a dog in such a fashion that it cannot bite anything; (museler)
"officer" means an officer appointed under subsection 2(1) and a person who, by virtue of his or her office, is an officer under subsection 2(2); (agent)
"owner" means a person who owns, harbours, possesses or has control or custody of a dog; (propriétaire)
"vehicle" means a device in, on or by which a person may be transported on land or water; (véhicule)
"veterinarian" means a veterinarian as defined in the Veterinary Profession Act.
(2) For the purposes of this Act, a dog is in distress if it is
(a) deprived of adequate shelter, ventilation, space, food, water, reasonable veterinary care or reasonable protection from injurious heat or cold;
(b) injured, sick, in pain or suffering; or
(c) abused or subjected to undue hardship, privation or neglect.
(3) For the purposes of this Act, a dog is running at large if it is off the premises of its owner and is not
(a) muzzled; or
(b) under the physical control of a person.
OFFICERS
Appointment of officers
2.(1) The Minister may appoint officers for the purposes of this Act and the regulations.
(2) Members of the Royal Canadian Mounted Police and bylaw officers appointed under the Charter Communities Act, Cities, Towns and Villages Act, Hamlets Act and Tłı̨chǫ Community Government Act are, by virtue of their office, officers under this Act.
(3) A bylaw officer may only perform the duties and exercise the powers of an officer under this Act within the municipality for which he or she is appointed. S.N.W.T. 2011,c.3,s.3; S.N.W.T. 2013,c.9,Sch.B,s.4.
Prohibition:
3.No person shall
(a) knowingly make a false or misleading statement, either orally or in writing, or fail to disclose a material fact, to an officer; or
(b) otherwise obstruct or hinder an officer.
PROTECTION OF DOGS
Duty of Care
Duties of
4.(1) An owner of a dog shall
(a) ensure that the dog has adequate food and water;
(b) provide it with adequate care when it is wounded or ill;
(c) provide it with reasonable protection, having regard to the physical characteristics of the dog, from injurious heat or cold; and
(d) provide it with adequate shelter, ventilation and space.
(2) A person does not contravene subsection (1) by treating a dog in accordance with the regulations or in accordance with standards of animal care set out in an applicable municipal bylaw. S.N.W.T. 2011,c.3, s.4,11(1).
Humane destruction
5.A person who destroys a dog shall do so in a manner that prevents undue suffering. S.N.W.T. 2011, c.3,s.4,11(1).
Dogs in Distress
Prohibition: permitting distress
6.(1) No owner shall permit a dog in his or her charge to be in distress.
(2) No person shall cause a dog to be in distress.
(3) This section does not apply if the distress is caused by a treatment, process or condition that occurs in the course of an accepted activity.
(4) Subject to subsection (5), for the purposes of this Act, an accepted activity includes the use, care and management of a dog in the course of the following activities:
(a) harvesting, including gathering, hunting, trapping and fishing:
(b) protection of people from wildlife;
(c) any other activity designated as an accepted activity by the regulations.
(5) An activity is an accepted activity under subsection (4) only if it is carried out in a manner
(a) consistent with a generally accepted practice or procedure for the activity that
(i) is not designated as a prohibited practice or procedure by the regulations, and
(ii) does not cause undue suffering; or
(b) that is otherwise reasonable in the circumstances, and that does not cause undue suffering.
Power of
7.(1) If a dog is in distress and
(a) the owner does not immediately take measures that will relieve its distress,
(b) an officer has reasonable grounds to believe that the owner is not likely to ensure that the dog’s distress is relieved or to ensure that the distress will continue to be relieved, or
(c) the owner cannot be found immediately and informed of the dog’s distress,
an officer may, in accordance with section 8, take any action he or she considers necessary to locate the dog and relieve its distress, including taking custody of the dog in accordance with the regulations and taking reasonable measures to arrange for necessary transportation, food, water, shelter and veterinary care.
(2) An officer who takes custody of a dog under subsection (1) may act as caretaker or may deliver the dog to a caretaker. S.N.W.T. 2011,c.3,s.4,11(1),(2).
Entry to Relieve Distress of a Dog
Authority to enter with warrant
8.(1) An officer who has reasonable grounds to believe that a dog is in distress in any place, premises or vehicle may obtain a warrant to enter the place, premises or vehicle for the purpose of carrying out his or her duties under section 7.
(2) An officer may take any action authorized under subsection (1) without a warrant, except entry into a dwelling-house, if conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.
(3) An officer acting under the authority of this section shall, on request, produce his or her certificate of appointment to a person who owns or occupies any place, premises or vehicle entered under this section.
(4) An officer shall use no more force than is reasonably required to enter or search any place, premises or vehicle. S.N.W.T. 2011,c.3,s.4,11(1),(3).
Abandoned Dogs
Definition: "abandoned dog"
9.(1) In this section, "abandoned dog" includes a dog that is
(a) left for more than 24 hours without adequate food, water or shelter;
(b) left for five days or more after the expected retrieval time from a veterinarian or from a person who boards or cares for the dog for money or other consideration; or
(c) found on premises in respect of which a tenancy agreement has been terminated.
(2) An officer may take an abandoned dog into custody whether or not it is in distress.
(3) An officer who takes a dog into custody under subsection (2) may act as caretaker or may deliver the dog to a caretaker. S.N.W.T. 2011,c.3,s.4,11(1).
PUBLIC SAFETY
Prohibitions
Running
10.No owner shall permit a dog to run at large
(a) contrary to a municipal bylaw;
(b) in an unincorporated community; or
(c) in an area that is not within a municipality or an unincorporated community, unless the dog is under the immediate control of a person.
Dog in harness
11.No person shall leave a dog in harness
(a) contrary to a municipal bylaw; or
(b) in an area that is not within a municipality, unless the dog is under the immediate control of a person capable of ensuring that the dog will not harm the public or create a nuisance.
Custody of Dogs Running at Large
Custody of dog running at large
12.(1) An officer may take custody of a dog that is running at large.
(2) An officer who takes a dog into custody under subsection (1) may act as caretaker or may deliver the dog to a caretaker.
(3) An officer who is unable to capture a dog that is running at large contrary to this Act may destroy the dog. S.N.W.T. 2008,c.8,s.7(4); S.N.W.T. 2011,c.3,s.5, 11(1).
CARE OF DOGS IN CUSTODY
Provision of care
13.(1) An officer who takes custody of a dog under subsection 7(1), 9(2) or 12(1)
(a) shall take reasonable measures to ensure that the dog is provided with necessary transportation, food, water and shelter; and
(b) may take measures to ensure the dog is provided with veterinary treatment, if practicable to do so.
(2) Subject to the regulations, a person acting as caretaker under subsection 7(2), 9(3) or 12(2) may recover any expenses incurred in respect of the dog from the owner, and may require payment of those expenses before the dog is returned to the owner.
(3) Any unpaid expenses incurred by a caretaker in respect of a dog are a debt due to the caretaker and are recoverable in an action against the owner. S.N.W.T. 2011,c.3,s.5,11(1),(4),(5).
DISPOSITION OF DOGS IN CUSTODY
Destruction of suffering dog
14.(1) If a dog taken into custody under subsection 7(1), 9(2) or 12(1) is in such distress that it cannot, in the opinion of a veterinarian, be relieved of its distress and live without undue suffering, the veterinarian may destroy the dog or authorize its destruction.
(2) If a veterinarian is not readily available to examine a dog that is taken into custody and an officer is of the opinion that the dog cannot be relieved of its distress and live without undue suffering, the officer may destroy the dog or authorize its destruction.
(3) An officer may destroy a dog taken into custody if he or she is of the opinion that the dog should be destroyed without delay for the safety of the public.
(4) The owner of a dog destroyed under this section is liable for the costs of destruction. S.N.W.T. 2011,c.3,s.5,11(1),(4).
Duty to locate owner
15.An officer who takes custody of a dog under subsection 7(1), 9(2) or 12(1) shall take reasonable measures to locate the owner and notify him or her of the actions taken in respect of the dog. S.N.W.T. 2011,c.3,s.5,11(1),(4).
Sale or gift of dog
16.(1) If the owner of a dog that has been taken into custody
(a) is not located and notified within five days after the date the dog was taken into custody, or
(b) is located and notified but does not, within five days after the date the dog was taken into custody, pay the expenses incurred in respect of the dog under section 7, 9 or 12, and section 13, or enter into an agreement with the caretaker for the payment of the expenses,
an officer may sell or give the dog to any person, and it becomes the property of that person.
(2) The proceeds of a sale of a dog under subsection (1) must be disbursed in the following order of priority:
(a) to pay the expenses of selling the dog;
(b) to pay the expenses incurred in respect of the dog under section 7, 9 or 12, and section 13.
(3) Any balance of sale proceeds remaining after the payment of the expenses referred to in subsection
(2) must be paid to the former owner of the dog.
(4) If the former owner cannot be located at the date of distribution of the sale proceeds, the Minister shall retain the money and pay the remaining balance
(a) to a person who establishes to the satisfaction of the Minister that he or she was the former owner of the dog; or
(b) if no claim is made under paragraph (a) within one year after the date of sale, into the Consolidated Revenue Fund.
Destruction of unsuitable dog
17.(1) An officer may destroy a dog or authorize its destruction if
(a) the dog has not been claimed by its owner and the officer is of the opinion that the dog is not suitable to be sold or given away in accordance with section 16; or
(b) the officer is unable to sell or give away the dog in accordance with section 16.
(2) The owner of a dog destroyed under subsection (1) is liable for the costs of destruction. S.N.W.T. 2011,c.3,s.5,11(1),(7).
Inspection of place, premises or vehicles
18.(1) For the purposes of enforcing this Act and the regulations, an officer may, without a warrant,
(a) during ordinary business hours, enter and inspect any place or premises, other than a dwelling-house, where dogs are kept for sale, hire or exhibition;
(b) enter and inspect any vehicle used to transport dogs.
(2) In order to conduct an inspection under paragraph (1)(b), an officer may signal or otherwise order a person operating a moving vehicle to stop immediately or to move the vehicle to a particular location and then stop it, and the person shall immediately comply with that signal or order and shall not proceed until permitted to do so by the officer.
(3) An officer acting under the authority of this section shall, on request, produce his or her certificate of appointment to a person who owns or occupies any place, premises or vehicle entered under subsection (1). S.N.W.T. 2011,c.3,s.5,11(1).
Municipal bylaws
19.Where a dog is seized in respect of a contravention of a municipal bylaw respecting dogs, the provisions of the bylaw respecting the impounding, sale or destruction of dogs prevail over this Act. S.N.W.T. 2011,c.3,s.5,11(1).
PROTECTION FROM DOGS
Destruction of dogs
20.A person may kill a dog that is running at large and in the act of pursuing, attacking, injuring, damaging, killing or destroying
(a) a person;
(b) another dog that is tethered;
(c) a food cache, harness or other equipment; or
(d) cattle, horses, sheep, pigs, poultry or animals on a fur farm.
Proceedings against owner
21.(1) On complaint made on oath before a justice of the peace that an owner has a dog that has, while running at large, committed any of the acts set out in section 20, the justice may issue a summons directed to the owner of the dog requiring the owner to appear before the justice at a time and place stated in the summons to answer the complaint.
(2) On summary conviction on the evidence of one or more credible witnesses other than the complainant, the justice of the peace may make an order for the destruction of the dog within three days and where the dog is not destroyed pursuant to the order, the justice may, in his or her discretion, impose a fine not exceeding $20 on the owner. S.N.W.T. 2011,c.3,s.11(1),(8).
Action for damages not barred
22.No conviction or order under section 21 bars the owner of cattle, horses, sheep, pigs, poultry, animals on a fur farm, a tethered dog, a food cache, harness or other equipment from bringing an action for the recovery of damages for injury done to these animals or things by a dog. S.N.W.T. 2011,c.3,s.11(1),(9).
Nature of proof in civil action
23.It is not necessary for the plaintiff in an action referred to in section 22 to prove that the defendant knew of the propensity of the dog to pursue, worry, injure or destroy animals and the liability of the defendant does not depend on previous knowledge of that propensity. S.N.W.T. 2011,c.3,s.11(1),(10).
PROTECTION FROM ACTION
Protection from action
24.(1) No action lies against the Minister, an officer, veterinarian, caretaker or, if a caretaker is a corporation, an officer or employee of the caretaker, for anything done in good faith under this Act or the regulations.
(2) No action lies against a person who believes in good faith that a dog is in distress and reports the distress to an officer. S.N.W.T. 2011,c.3,s.6,11(1).
OFFENCE AND PUNISHMENT
Offence and punishment
25.(1) A person who contravenes a provision of this Act or the regulations is liable on summary conviction
(a) for the first offence, to a fine of not more than $2,500, to imprisonment for a term not exceeding three months, or to both; and
(b) for a second or subsequent offence, to a fine of not more than $10,000, to imprisonment for a term not exceeding six months, or to both.
(2) If an offence under this Act or the regulations is committed on more than one day or is continued for more than one day,
(a) the offence is a separate offence for each day on which the offence is committed or continued; and
(b) separate fines, each not exceeding the maximum fine for that offence, may be imposed for each day the offence is committed or continued.
(3) If an owner is convicted of an offence under this Act or the regulations, the court may make an order restraining the owner from having or continuing to have custody of dogs for such period of time as is specified by the court.
(4) A person who contravenes an order under subsection (3) is guilty of an offence and liable to the penalties set out in subsection (1).
(5) The court may, on conviction of an owner for an offence under this Act, order the destruction of any dog of that owner that the court considers should be destroyed for humane reasons or for the safety of the public. S.N.W.T. 2011,c.3,s.7,11(1).
INTERIM CUSTODY ORDER
Order of custody
26.(1) An officer may apply to a court for an order granting the officer custody of a dog in respect of which a charge has been laid under section 25.
(2) An officer granted custody under subsection
(1) may retain custody of a dog in respect of which the application is made pending the outcome of any proceedings under section 25, notwithstanding that the owner
(a) pays the expenses incurred in respect of the dog under subsection 7(1), 9(2) or 12(1); and
(b) requests that the officer or the caretaker to whom the dog has been delivered, as the case may be, return the dog to the owner.
(3) The court may make an order under this section on any terms and conditions it considers appropriate. S.N.W.T. 2011,c.3,s.7,11(1),(4),(11).
REGULATIONS
Regulations
27.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) respecting the taking of dogs into custody;
(b) respecting the care and treatment of dogs, including
(i) designating an activity as an accepted activity for the purposes of subsection 6(4), and
(ii) designating a practice or procedure as prohibited for the purposes of subsection 6(5);
(c) respecting a tariff of expenses that may be charged by a caretaker for the care provided to a dog taken into custody;
(d) respecting any other matter the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.
(2) Where a code of rules or standards respecting a matter referred to in this Act has been established by an association, person or body of persons and is available in printed form, the Commissioner, on the recommendation of the Minister, may by regulation adopt the code as established or as amended from time to time, and upon adoption the code is in force in whole or in part or with such variations as may be specified in the regulations. S.N.W.T. 2011,c.3,s.7, 11(1); S.N.W.T. 2012,c.18,s.6(2).
Territorial Printer, Northwest Territories Yellowknife, N.W.T./2013©