Acts and Regulations

84-85 - Provincial Dog

Section 7
Disposition versions

Full text
7(1)For the purposes of this section a dog suspected of being rabid shall be considered dangerous.
7(2)A judge of the Provincial Court, upon complaint being made to him that a dog is alleged to have bitten or attempted to bite a person may summon the owner of the dog to appear and show cause why the dog should not be destroyed and may, if from the evidence produced it appears that the dog has bitten a person, make an order directing
(a) that the dog be destroyed; or
(b) that the owner or keeper of the dog keep the animal under control.
7(3)A person failing to comply with an order under subsection (2) is liable to a fine not exceeding five dollars for every day that he fails to comply.
7(4)A Dog Control Officer shall seize and impound any dog found running at large and
(a) if the owner of such dog is known, notify him that his dog is impounded; or
(b) if the owner of such dog is not known, or being known cannot be located, post the notice as required by subsection (5); and
after the requirements of subsection (5) are satisfied, may sell or destroy such dog which has not been claimed by the owner or anyone on his behalf.
7(5)Before the Dog Control Officer sells or destroys a dog which is impounded, he
(a) shall post a notice at the regional office of the Department of Environment and Local Government for the region in which the dog was seized stating that such dog has been impounded and will be sold or destroyed within 72 hours from the time of posting unless the owner, or anyone on his behalf, claims the dog and pays the costs set out in subsection (6); and
(b) subject to subsection 6(3), may sell or destroy such dog after 72 hours have expired from the time of posting.
7(6)The Dog Control Officer shall collect from the owner before releasing the dog the sum of $15 for each day or part thereof during which the dog has been impounded and maintained, or from the purchaser at the time of the sale of the dog the total of all costs of seizing, impounding and maintaining the dog.
7(7)The Dog Control Officer is authorized to make use of tranquilizer guns and other tranquilizing devices on dogs in the course of carrying out his duties hereunder.
7(8)When destroying a dog under this section which has not been claimed by the owner or anyone on behalf of the owner, the Dog Control Officer shall do so in a humane manner in accordance with the standards or codes of conduct, practice or procedure specified in Schedule B of New Brunswick Regulation 2000-4 under the Society for the Prevention of Cruelty to Animals Act.
2009-66; 2012, c.39, s.95; 2014-99
7(1)For the purposes of this section a dog suspected of being rabid shall be considered dangerous.
7(2)A judge of the Provincial Court, upon complaint being made to him that a dog is alleged to have bitten or attempted to bite a person may summon the owner of the dog to appear and show cause why the dog should not be destroyed and may, if from the evidence produced it appears that the dog has bitten a person, make an order directing
(a) that the dog be destroyed; or
(b) that the owner or keeper of the dog keep the animal under control.
7(3)A person failing to comply with an order under subsection (2) is liable to a fine not exceeding five dollars for every day that he fails to comply.
7(4)A Dog Control Officer shall seize and impound any dog found running at large and
(a) if the owner of such dog is known, notify him that his dog is impounded; or
(b) if the owner of such dog is not known, or being known cannot be located, post the notice as required by subsection (5); and
after the requirements of subsection (5) are satisfied, may sell or destroy such dog which has not been claimed by the owner or anyone on his behalf.
7(5)Before the Dog Control Officer sells or destroys a dog which is impounded, he
(a) shall post a notice at the regional office of the Department of Environment and Local Government for the region in which the dog was seized stating that such dog has been impounded and will be sold or destroyed within forty-eight hours from the time of posting unless the owner, or anyone on his behalf, claims the dog and pays the costs set out in subsection (6); and
(b) subject to subsection 6(3), may sell or destroy such dog after forty-eight hours have expired from the time of posting.
7(6)The Dog Control Officer shall collect from the owner before releasing the dog the sum of five dollars for each day or part thereof during which the dog has been impounded and maintained, or from the purchaser at the time of the sale of the dog the total of all costs of seizing, impounding and maintaining the dog.
7(7)The Dog Control Officer is authorized to make use of tranquilizer guns and other tranquilizing devices on dogs in the course of carrying out his duties hereunder.
7(8)When destroying a dog under this section which has not been claimed by the owner or anyone on behalf of the owner, the Dog Control Officer shall do so in a humane manner in accordance with the standards or codes of conduct, practice or procedure specified in Schedule B of New Brunswick Regulation 2000-4 under the Society for the Prevention of Cruelty to Animals Act.
2009-66; 2012, c.39, s.95
7(1)For the purposes of this section a dog suspected of being rabid shall be considered dangerous.
7(2)A judge of the Provincial Court, upon complaint being made to him that a dog is alleged to have bitten or attempted to bite a person may summon the owner of the dog to appear and show cause why the dog should not be destroyed and may, if from the evidence produced it appears that the dog has bitten a person, make an order directing
(a) that the dog be destroyed; or
(b) that the owner or keeper of the dog keep the animal under control.
7(3)A person failing to comply with an order under subsection (2) is liable to a fine not exceeding five dollars for every day that he fails to comply.
7(4)A Dog Control Officer shall seize and impound any dog found running at large and
(a) if the owner of such dog is known, notify him that his dog is impounded; or
(b) if the owner of such dog is not known, or being known cannot be located, post the notice as required by subsection (5); and
after the requirements of subsection (5) are satisfied, may sell or destroy such dog which has not been claimed by the owner or anyone on his behalf.
7(5)Before the Dog Control Officer sells or destroys a dog which is impounded, he
(a) shall post a notice at the regional office of the Department of Environment and Local Government for the region in which the dog was seized stating that such dog has been impounded and will be sold or destroyed within forty-eight hours from the time of posting unless the owner, or anyone on his behalf, claims the dog and pays the costs set out in subsection (6); and
(b) subject to subsection 6(3), may sell or destroy such dog after forty-eight hours have expired from the time of posting.
7(6)The Dog Control Officer shall collect from the owner before releasing the dog the sum of five dollars for each day or part thereof during which the dog has been impounded and maintained, or from the purchaser at the time of the sale of the dog the total of all costs of seizing, impounding and maintaining the dog.
7(7)The Dog Control Officer is authorized to make use of tranquilizer guns and other tranquilizing devices on dogs in the course of carrying out his duties hereunder.
7(8)When destroying a dog under this section which has not been claimed by the owner or anyone on behalf of the owner, the Dog Control Officer shall do so in a humane manner in accordance with the standards or codes of conduct, practice or procedure specified in Schedule B of New Brunswick Regulation 2000-4 under the Society for the Prevention of Cruelty to Animals Act.
2009-66; 2012, c.39, s.95
7(1)For the purposes of this section a dog suspected of being rabid shall be considered dangerous.
7(2)A judge of the Provincial Court, upon complaint being made to him that a dog is alleged to have bitten or attempted to bite a person may summon the owner of the dog to appear and show cause why the dog should not be destroyed and may, if from the evidence produced it appears that the dog has bitten a person, make an order directing
(a) that the dog be destroyed; or
(b) that the owner or keeper of the dog keep the animal under control.
7(3)A person failing to comply with an order under subsection (2) is liable to a fine not exceeding five dollars for every day that he fails to comply.
7(4)A Dog Control Officer shall seize and impound any dog found running at large and
(a) if the owner of such dog is known, notify him that his dog is impounded; or
(b) if the owner of such dog is not known, or being known cannot be located, post the notice as required by subsection (5); and
after the requirements of subsection (5) are satisfied, may sell or destroy such dog which has not been claimed by the owner or anyone on his behalf.
7(5)Before the Dog Control Officer sells or destroys a dog which is impounded, he
(a) shall post a notice at the regional office of the Department of Local Government for the region in which the dog was seized stating that such dog has been impounded and will be sold or destroyed within forty-eight hours from the time of posting unless the owner, or anyone on his behalf, claims the dog and pays the costs set out in subsection (6); and
(b) subject to subsection 6(3), may sell or destroy such dog after forty-eight hours have expired from the time of posting.
7(6)The Dog Control Officer shall collect from the owner before releasing the dog the sum of five dollars for each day or part thereof during which the dog has been impounded and maintained, or from the purchaser at the time of the sale of the dog the total of all costs of seizing, impounding and maintaining the dog.
7(7)The Dog Control Officer is authorized to make use of tranquilizer guns and other tranquilizing devices on dogs in the course of carrying out his duties hereunder.
7(8)When destroying a dog under this section which has not been claimed by the owner or anyone on behalf of the owner, the Dog Control Officer shall do so in a humane manner in accordance with the standards or codes of conduct, practice or procedure specified in Schedule B of New Brunswick Regulation 2000-4 under the Society for the Prevention of Cruelty to Animals Act.
2009-66
7(1)For the purposes of this section a dog suspected of being rabid shall be considered dangerous.
7(2)A judge of the Provincial Court, upon complaint being made to him that a dog is alleged to have bitten or attempted to bite a person may summon the owner of the dog to appear and show cause why the dog should not be destroyed and may, if from the evidence produced it appears that the dog has bitten a person, make an order directing
(a) that the dog be destroyed; or
(b) that the owner or keeper of the dog keep the animal under control.
7(3)A person failing to comply with an order under subsection (2) is liable to a fine not exceeding five dollars for every day that he fails to comply.
7(4)The Dog Constable shall seize and impound any dog found running at large and
(a) if the owner of such dog is known, notify him that his dog is impounded; or
(b) if the owner of such dog is not known, or being known cannot be located, post the notice as required by subsection (5); and
after the requirements of subsection (5) are satisfied, may sell or destroy such dog which has not been claimed by the owner or anyone on his behalf.
7(5)Before the Dog Constable sells or destroys a dog which is impounded, he
(a) shall post a notice at the office of the Municipal Representative stating that such dog has been impounded and will be sold or destroyed within forty-eight hours from the time of posting unless the owner, or anyone on his behalf, claims the dog and pays the costs set out in subsection (6); and
(b) subject to subsection 6(3), may sell or destroy such dog after forty-eight hours have expired from the time of posting.
7(6)The Dog Constable shall collect from the owner before releasing the dog the sum of five dollars for each day or part thereof during which the dog has been impounded and maintained, or from the purchaser at the time of the sale of the dog the total of all costs of seizing, impounding and maintaining the dog.
7(7)The Dog Constable is authorized to make use of tranquilizer guns and other tranquilizing devices on dogs in the course of carrying out his duties hereunder.
7(8)When destroying any dog under this section which has not been claimed by the owner or anyone on his behalf, the Dog Constable shall do so in a humane manner acceptable to the Minister.