Herd and Fencing Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.H-2
- 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 Miscellaneous Statute Law Amendment Act, 2009
- s.2 amended by Miscellaneous Statute Law Amendment Act, 2009
- s.3 amended by Miscellaneous Statute Law Amendment Act, 2009
- s.9 amended by Miscellaneous Statute Law Amendment Act, 2009
- s.11 amended by Miscellaneous Statute Law Amendment Act, 2009
- s.11 amended by An Act to Amend the Veterinary Profession Act in force July 1, 2010 (SI-006-2010)
- s.11 amended by Miscellaneous Statute Law Amendment Act, 2011
- s.12 amended by An Act to Amend the Veterinary Profession Act in force July 1, 2010 (SI-006-2010)
- s.13 amended by Miscellaneous Statute Law Amendment Act, 2009
- s.13 amended by Wildlife Act in force Nov. 28, 2014 (SI-003-2014)
- Acts
- Wildlife Act, s.178 → s.13(2)
INTERPRETATION
Definitions
1.In this Act,
"animals" means horses, cattle, sheep, swine and goats; (animaux)
"cattle" includes bulls, cows, oxen, heifers, steers and calves; (bétail)
"horses" includes mares, geldings, stallions, colts, fillies, asses and mules; (chevaux)
"officer" means an officer appointed under subsection 13(1) or referred to in subsection 13(2); (agent)
"owner" means a person owning an animal and includes an employee or agent of that person; (propriétaire)
"proprietor" means an owner or occupier of land under any tenure and includes an employee or agent of that person; (propriétaire foncier)
"run at large" means to be on premises other than those owned or occupied by the owner, without being under the control of the owner; (divaguer)
"stray" means an animal that is running at large. (animal errant) S.N.W.T. 2009,c.12,s.9(2).
ANIMALS
Running at large
2.(1) No owner shall permit an animal to run at large within
(a) an area designated under subsection (4); or
(b) the confines of an airport.
(2) No owner of a stallion, bull, boar or ram shall permit it to run at large.
(3) No owner of an animal suffering from a contagious disease shall permit it to run at large.
(4) The Minister may, by regulation, designate an area within which an animal is not permitted to run at large. S.N.W.T. 2009,c.12,s.9(3).
Definition: "fence"
3.In sections 4 to 7, "fence" means a substantial fence that is
(a) not less than 1.2 m in height above ground level;
(b) constructed of woven wire, barbed wire, rails, boards or slabs;
(c) of a size and structure that will suitably confine animals under normal circumstances; and
(d) fastened to posts not more than 5 m apart.
Prohibition
4.No person shall leave open a gate of a fence or let down bars or otherwise make a gap in a fence, if this would permit an animal to run at large from the premises surrounded by the fence or a stray to enter the premises.
Duty of owner
5.(1) The owner of an animal prohibited from running at large under section 2 shall keep the animal on premises that are enclosed by a fence.
(2) If two or more owners are required to confine animals on the same premises and the premises must be fenced, each owner shall erect his or her portion of the fence required to surround the premises or pay for the erection of his or her portion to the satisfaction of the other owners.
(3) The portion to be erected by each owner under subsection (2) shall bear the same ratio to the total area to be fenced as the number of animals to be kept by the owner bears to the total number of animals to be kept on the premises.
(4) Where a dispute arises under this section as to the portion of fence to be erected by each owner, the question may be referred to a justice of the peace whose decision is final.
Action for damages
6.No proprietor may bring an action for damages caused to his or her property by animals unless the property owned or occupied by the proprietor is surrounded by a fence.
Liability of owner
7.(1) The owner of an animal that breaks into or enters on premises that are enclosed by a fence is liable to compensate the proprietor of the premises for damages caused by the animal.
(2) Where an owner of an animal refuses to pay damages under subsection (1), the proprietor may bring an action before a justice of the peace for the recovery of the damages that the justice of the peace considers fair and just.
(3) The decision of a justice of the peace under subsection (2) is final.
Fence surrounding crops
8.(1) A fence surrounding growing crops or crops in the process of being harvested must be situated at least 2 m from the crops.
(2) A fence surrounding stacks of hay or grain must be situated at least 3 m from the stacks.
Strays
9.(1) A proprietor who finds a stray on his or her premises may drive it off the premises and shall, within a reasonable time, notify the owner of the stray, if the owner is known to the proprietor, or an officer, if the owner is unknown to the proprietor.
(2) A proprietor who allows a stray to remain on his or her premises until it can be removed by the owner or by an officer shall provide it with the food and shelter that the proprietor provides his or her own animals of a similar age and class.
(3) The owner shall pay to the proprietor the expenses incurred by the proprietor under subsection
(2) before the owner is entitled to remove the stray.
(4) Where the owner of a stray is unknown, an officer may, after advertising or making any other efforts to find the owner that the officer thinks reasonable, sell the stray by public auction after five days from the day on which the officer took custody of the stray.
(5) The proceeds of a sale under subsection (4) shall be distributed in the following manner:
(a) the expenses of a proprietor who fed and sheltered the stray before it was removed by the officer shall be paid to the proprietor;
(b) the expenses of securing, caring for and feeding the stray before the sale shall be paid;
(c) the expenses of the stray shall be paid;
(d) the balance shall be paid to the Minister for deposit in the Consolidated Revenue Fund.
Return of stray
10.An officer may take the steps that the officer thinks necessary to have the owner of a stray return it to the premises of the owner or otherwise dispose of it.
Definition: "Coggins test"
11.(1) In this section, "Coggins test" means the Coggins test for Equine Infectious Anemia.
(2) This section applies only to that portion of the Northwest Territories bounded on the south by the 60th parallel of north latitude, on the west by the 120th meridian of west longitude, on the north by the 62nd parallel of north latitude and on the east by the 110th meridian of west longitude.
(3) No person shall own or possess a horse that has not been given the Coggins test.
(4) No person shall import a horse without first producing to an officer a certificate from a veterinarian stating that the horse
(a) is in good health; and
(b) has been given the Coggins test within the previous six months and has been found not to be diseased.
(5) Every owner or person in possession of a horse shall, at least once a year, cause the horse to be given the Coggins test by a veterinarian.
(6) The owner or person in possession of a horse that has been given the Coggins test shall obtain from the veterinarian who administered the test a certificate stating
(a) that the horse has been given the test and has been found not to be diseased; and
(b) the date on which the test was administered.
(7) Where an owner or person in possession of a horse is unable to produce, on the demand of an officer, the certificate referred to in subsection (4) or (6), dated within one year of the demand,
(a) the horse is deemed not to have been given the Coggins test; and
(b) the officer may cause the horse to be kept in quarantine in an insect-free stable or barn until the horse has been given the Coggins test and the certificate is produced to the officer.
S.N.W.T. 2009,c.12,s.9(7); S.N.W.T. 2010,c.19,s.13; S.N.W.T. 2011,c.16,s.11(2).
Injured
12.(1) Where
(a) an officer finds an animal so severely injured, diseased or otherwise in pain that in the opinion of the officer it would be cruel to allow the animal to live, and
(b) the owner refuses to consent to the destruction of the animal,
the officer shall summon a veterinarian, or if one is not available, two reputable residents of the area and if the veterinarian or the residents concur in writing with the opinion of the officer, the officer may, without the consent of the owner, kill the animal or cause it to be killed.
(2) Where
(a) an officer finds an animal so severely injured, diseased or otherwise in pain that in the opinion of the officer it would be cruel to allow the animal to live, and
(b) after taking any reasonable steps that the officer considers advisable, the officer is unable to locate the owner of the animal,
the officer may kill the animal or cause it to be killed. S.N.W.T. 2010,c.19,s.13.
Officers
13.(1) The Minister may appoint officers to carry out the provisions of this Act.
(2) Members of the Royal Canadian Mounted Police and officers appointed under section 107 of the Wildlife Act are, by virtue of their offices, officers for the purposes of this Act. S.N.W.T. 2009,c.12,s.9(8); S.N.W.T. 2013,c.30,s.178.
OFFENCE AND PUNISHMENT
Specific offence and punishment
14.(1) Every person who contravenes section 11 is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding six months or to both.
(2) Every person who contravenes a provision of this Act for which no specific punishment is provided is guilty of an offence and liable on summary conviction to a fine of not less than $10 and not exceeding $100 or to imprisonment for a term not exceeding one month or to both. Territorial Printer, Northwest Territories Yellowknife, N.W.T./2011©