Acts and Regulations

84-85 - Provincial Dog

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Document at 18 December 2019
NEW BRUNSWICK
REGULATION 84-85
under the
Municipalities Act
(O.C. 84-345)
Filed May 9, 1984
Under section 191 of the Municipalities Act, the Lieutenant-Governor in Council, upon the recommendation of the Minister, makes the following Regulation:
1This Regulation may be cited as the Provincial Dog Regulation - Municipalities Act.
2In this Regulation
“Act” means the Municipalities Act;(loi)
“dog” includes bitch;(chien)
“Dog Constable” Repealed: 2009-66
“Dog Control Officer” means a person appointed by the society to carry out the functions of this Regulation;(agent de contrôle des chiens)
“Municipal Representative” Repealed: 2009-66
“owner” means a person who(propriétaire)
(a) is in possession of a dog,
(b) harbours a dog,
(c) suffers a dog to remain about his residence or premises, or
(d) registers a dog under this Regulation;
“running at large” when used in reference to a dog, means an unleashed dog(chien errant)
(a) in a public place,
(b) on private property other than the owner’s, or
(c) in a forest or wooded area while not in the company and control of the owner;
“society” means society as defined in section 1 of the Society for the Prevention of Cruelty to Animals Act.(Société)
2009-66; 2018-38
APPLICATION
3This Regulation applies to
(a) those areas outside the territorial limits of a municipality or a rural community, and
(b) rural communities that have not enacted a by-law under subsection 96(1) of the Act with respect to animal control or the keeping of animals.
2005-43
REGISTRATION & LICENSING
4(1)Before the last day of January of the year his or her licence expires, the owner of a dog shall
(a) register the dog with the society or a Dog Control Officer; and
(b) pay a licence fee to the society or the Dog Control Officer of
(i) $15 for one year,
(ii) $25 for two years, or
(iii) $35 for three years.
4(2)A person who becomes an owner of a dog after the last day of January in any year shall register the dog within thirty days of becoming the owner and shall pay the licence fee prescribed in paragraph (1)(b).
4(3)Repealed: 2010-76
4(4)Repealed: 2010-76
4(5)A licence issued under this Regulation expires on the last day of the calendar year in which it is issued.
4(6)The society or the Dog Control Officer, at the time of registration of a dog, shall issue to the owner a licence tag showing the number under which the dog is registered and the year of registration.
4(7)A licence tag which is lost after it has been issued may be replaced by the society or a Dog Control Officer upon application by the owner and the payment of three dollars.
2009-66; 2010-76; 2011-5; 2014-99
KENNELS
Repealed: 2010-76
2010-76
5Repealed: 2010-76
2009-66; 2010-76
RABIES
6(1)The owner of a dog which has not been vaccinated against rabies shall cause the dog to be so vaccinated
(a) within ten days of acquiring the dog if it is more than three months of age; or
(b) within ten days after it has reached the age of three months.
6(2)An owner who fails to have a dog vaccinated under this section commits an offence.
6(3)A Dog Control Officer shall seize and cause to be destroyed immediately any dog which is known to be or suspected of being rabid.
2009-66; 2009-130; 2014-99
SEIZING & IMPOUNDING
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
PROHIBITIONS
8(1)No person who owns a dog shall
(a) permit his dog to run at large;
(b) refuse or neglect to register his dog under section 4 of this Regulation;
(c) refuse or neglect to attach and keep attached a licence tag to the collar of the dog;
(d) refuse or neglect to cause his dog to wear a collar at all times other than when it is in an enclosure such as a kennel or the owner’s residence;
(e) permit his dog to chase or run after pedestrians or motor vehicles; or
(f) permit his dog to bark incessantly such that annoyance is caused to the public.
8(2)No person shall
(a) interfere or attempt to interfere with a Dog Control Officer while he is seizing or impounding a dog pursuant to the Act or this Regulation; or
(b) not being the owner, remove a collar or licence tag from a dog.
8(3)Notwithstanding anything herein contained, a Dog Control Officer may, either before or after the institution of proceedings against a person for any alleged violation of this Regulation, accept from the person alleged to have committed such violation the payment of a sum equal to the minimum fine prescribed by subsection 96(5) of the Act for such violation together with legal costs of proceedings to that date, if any; and thereupon the Dog Control Officer shall issue a receipt therefor and shall forthwith forward to the society the amounts so received.
8(4)A payment made under subsection (3) shall constitute a full satisfaction, release and discharge of all penalties and imprisonments incurred by such person for such violation, and for the purposes hereof shall have the same effect as if a judge had fully convicted the person of the violation for which the amount was paid, and a certificate purporting to be signed by the society to the effect that the sum has been paid in respect of a specific violation shall be prima facie evidence in all courts of the conviction.
1998, c.41, s.80; 2003, c.27, s.66; 2005-43; 2009-66; 2010-76
PENALTY
9(1)Except as otherwise provided in this Regulation, a person who violates or fails to comply with a provision of this Regulation commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
9(2)Where an owner of a dog is convicted under paragraph 4(1)(b), the judge may, in addition to any penalty imposed pursuant to subsection (1), order the owner to pay the licence fee required.
2009-130; 2014-99
10Regulation 68-84 under the Municipalities Act is repealed.
N.B. This Regulation is consolidated to May 15, 2018.