Acts and Regulations

M-22 - Municipalities Act

Section 96
Disposition versions

Full text
By-laws respecting animals
96(0.1)For the purposes of this section, an animal that is defined by partial breed is defined by reference to the breed of either its dam or sire.
By-laws respecting animals
96(1)Subject to subsection (2), the council of a municipality may make by-laws
(a) respecting animal control;
(b) respecting the keeping of animals;
(c) respecting disturbances by animals;
(d) respecting the protection of persons and property from animals;
(e) respecting the seizure of animals on private or public property;
(f) respecting the licensing of animals;
(g) defining fierce or dangerous animals, including defining them by breed, cross-breed or partial breed;
(h) prohibiting or regulating the keeping of fierce or dangerous animals;
(i) providing that a judge of the Provincial Court to whom a complaint has been made, alleging that a animal has bitten or attempted to bite a person, may summon the owner of the animal to appear and to show cause why the animal should not be destroyed and may, if from the evidence produced it appears that the animal has bitten or has attempted to bite a person, make an order directing
(i) that the animal be destroyed, or
(ii) that the owner or keeper of the animal keep the animal under control; and
(j) respecting any other matter or thing in relation to animals within the municipality.
Regulations
96(2)The Lieutenant-Governor in Council may make regulations respecting exceptions to any of the powers to make by-laws given to the council of a municipality under subsection (1).
Construction of by-laws
96(3)Subject to subsection (4), notwithstanding that specific powers are given in paragraphs (1)(a) to (i) to the council of a municipality to make by-laws in relation to animals, no person, court, tribunal or other body shall construe the giving of those specific powers so as to limit the general powers given in paragraph (1)(j) and paragraph (1)(j) shall be construed so as to give the council the broadest possible powers to make by-laws that the council considers advisable and necessary respecting animals within the municipality, subject to any exceptions that the Lieutenant-Governor in Council may establish under subsection (2).
Conflict
96(4)If a conflict exists between any by-law made under subsection (1) and the provisions of this Act, any other Act of the Legislature or any Act of the Parliament of Canada or any regulation or statutory instrument made under any of those Acts, the provisions of those Acts or of the regulation or statutory instrument, as the case may be, shall prevail.
Offence and penalty
96(5)A person who fails to comply with the provisions of an order made under the provisions of a by-law under paragraph (1)(b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
1966, c.20, s.97; 1968, c.41, s.40; 1970, c.37, s.4, 5; 1971, c.50, s.13; 1977, c.35, s.6; 1981, c.52, s.13; 1983, c.56, s.10; 1989, c.27, s.7; 1990, c.61, s.89; 1994, c.80, s.2; 1997, c.27, s.6; 2003, c.27, s.46
By-laws respecting animals
96(0.1)For the purposes of this section, an animal that is defined by partial breed is defined by reference to the breed of either its dam or sire.
By-laws respecting animals
96(1)Subject to subsection (2), the council of a municipality may make by-laws
(a) respecting animal control;
(b) respecting the keeping of animals;
(c) respecting disturbances by animals;
(d) respecting the protection of persons and property from animals;
(e) respecting the seizure of animals on private or public property;
(f) respecting the licensing of animals;
(g) defining fierce or dangerous animals, including defining them by breed, cross-breed or partial breed;
(h) prohibiting or regulating the keeping of fierce or dangerous animals;
(i) providing that a judge of the Provincial Court to whom a complaint has been made, alleging that a animal has bitten or attempted to bite a person, may summon the owner of the animal to appear and to show cause why the animal should not be destroyed and may, if from the evidence produced it appears that the animal has bitten or has attempted to bite a person, make an order directing
(i) that the animal be destroyed, or
(ii) that the owner or keeper of the animal keep the animal under control; and
(j) respecting any other matter or thing in relation to animals within the municipality.
Regulations
96(2)The Lieutenant-Governor in Council may make regulations respecting exceptions to any of the powers to make by-laws given to the council of a municipality under subsection (1).
Construction of by-laws
96(3)Subject to subsection (4), notwithstanding that specific powers are given in paragraphs (1)(a) to (i) to the council of a municipality to make by-laws in relation to animals, no person, court, tribunal or other body shall construe the giving of those specific powers so as to limit the general powers given in paragraph (1)(j) and paragraph (1)(j) shall be construed so as to give the council the broadest possible powers to make by-laws that the council considers advisable and necessary respecting animals within the municipality, subject to any exceptions that the Lieutenant-Governor in Council may establish under subsection (2).
Conflict
96(4)If a conflict exists between any by-law made under subsection (1) and the provisions of this Act, any other Act of the Legislature or any Act of the Parliament of Canada or any regulation or statutory instrument made under any of those Acts, the provisions of those Acts or of the regulation or statutory instrument, as the case may be, shall prevail.
Offence and penalty
96(5)A person who fails to comply with the provisions of an order made under the provisions of a by-law under paragraph (1)(b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
1966, c.20, s.97; 1968, c.41, s.40; 1970, c.37, s.4, 5; 1971, c.50, s.13; 1977, c.35, s.6; 1981, c.52, s.13; 1983, c.56, s.10; 1989, c.27, s.7; 1990, c.61, s.89; 1994, c.80, s.2; 1997, c.27, s.6; 2003, c.27, s.46