- 1 -Nanaimo First Nations u N>\ 1145 TOTEM R O A D 0 i \ ÿÿ 1 3 NANAIM O , B .C . V9R 1H1 (604) 753-3481 FAX: (604) 753-3492 The Nanaimo Band By-law No. 1995.01 BEING A BY-LAW RESPECTING THE CONTROL OF DOGS ON THE RESERVE. WHEREAS section 81, paragraph (a), (d), (e), (q) and (n, of the Indian Act empower the Council of a Band of Indians to pass by-laws to provide for the health of residents on the reserve, the prevention of nui§ ances, the protection against and prevention of trespass by domestic animals matters arising out of or ancillary to the exercise of powers under this section, an d the imposition of a penalty for the violation of any such by-law; AND WHEREAS the Council of the Nanaimo Band is of he opinion that the uncontrolled ownership, breeding, and running at large c[f dogs may be detrimental to the health of the residents on the reserve, and a nuisance to such residents; THEREFORE, the Council of the Nanaimo Band of India ns enacts a by-law as follows: Short Title 1. This by-law may be cited as the “Nanaimo Reserve Dog Control By-law”. Interpretation 2. In this by-law: “council” means the Council of the Band; “dog” means any dog, male or female, more than four months old and includes an animal that is a cross between a dog and a wolf;
- 2 -“muzzle” means to secure a dog’s mouth in such a fashic n that it cannot bite anything; “officer” means any band constable or member of the Nanaimo Police Force, as appointed by the Council and any member of the Nanairrji o Police, or any duly appointed dog-catcher; “owner” of a dog includes a person who possesses or harbours a dog, and “owns” and ’’owned” have a corresponding meaning; “at large” or “running at large” means off the premises of the owner and not muzzled or under the control of any person; “reserve” means the Nanaimo Indian Reserve(s) No. 1,2.3* and 4. 3.(1) Subject to subsection (2), every owner of a dog sih all keep the dog safely tethered or penned up at all times. (2) A dog need not be tethered or penned up as provided in subsection (1) if the dog: (a) is held on a leash by a person capable of restraining the dog’s movements; (b) is being used by a person for the purpose df hunting: or (c) is being used by a person to work in a lawfijil manner with sheep or cattle. (d) is being used by a visually impaired person as a guide dog. (3) No owner shall allow his dog to remain unfed or unwatered as sufficiently long either to amount to cruelty or to cause the dog to become a nuisance. (4) No person shall punish or abuse a dog in a manner or to an extent that is cruel or unnecessary. (5) No owner shall permit a dog to bark, yelp, growl of otherwise annoy or disturb the peace or residents of the reserve. (6) No owner shall permit a female dog in heat to be 4>ff the owner’s premises. (7) (a) The Council may at any time prohibit the keeping of dogs within any area of the reserve. (b) Notice of any prohibition made by council pursuant to paragraph (a) shall be posted in the band office and a ter the date of the
- 3 posting of such notice, no person shall keep or have a dog within the prohibited area. Seizure 4.(1 ) An officer may seize a dog from any person whom the officer has reasonable cause to believe is violating or has violated or is about to violate any of the provisions of this by-law. (2) Subject to subsection (4), an officer who has seizep a dog pursuant to subsection (1) shall restore possession of the dog to its owner where: (a) the owner claims possession of the dog witfjin five (5) days after the date of seizure, and; (b) the owner pays to the officer all expenses in curred in securing, caring for and feeding the dog, (3) Where a dog has not been reclaimed within five (5) days after seizure pursuant to subsection (2), the officer may destroy or dispi ose of the dog as he sees fit and no damages or compensation may be recove red as a result of the destruction or disposal of a dog by the officer. (4) Where, in the opinion of the officer, a dog seized u nder this section is injured, diseased, or should be destroyed without delay fo r humane reasons or for reasons of health or safety, the officer shall destroy the dog as soon after seizure as he thinks fit and no damages or compensation may be recovered as a result of the destruction of the dog by the officer. Destruction where unable to seize 5.(1) Where an officer, after reasonable effort, is unable to seize a dog that is running at large contrary to the provisions of this by-law, he may destroy the dog. (2) No damages or compensation may be recovered as a result of the destruction of a dog by an officer pursuant to subsection (1). Protection from doas 6.(1) Any person may kill a dog that is running at large aind is in the act of pursuing, attacking, injuring, damaging, killing or destroying: (a) a person, (b) another dog that is tethered; or,
- 4 -(c) a food cache, harness or other equipment, (2) No damages or compensation may be recovered ^s a result of the killing of a dog by any person pursuant to subsection (1). Penalty 7. Every person who contravenes any of the provisio ns of this by-law is guilty of an offence and is liable on summary conviction to a fine of not more than five hundred dollars ($500) or to imprisonment for a term not exceeding thirty (30) days, or both. THIS BY-LAW IS HEREBY enacted by the Council of thé Nanaimo Band at a duly convened meeting of the Council dated on the o t day of o fr . 19 Voting in favour of the by-law are the following members of the Council: MEMBER 0F COUNCIL b d 'C ' MEMBER OF QQtJNCIL MEMBE!R OF COUNCIL MEMBER OF COUNCIL MEMBE R OF COUNCIL MEMBEFTOF COUNCIL MEMBER OF COUNCIL being the majority of those members of the Council of th^ Nanaimo Band present at the aforesaid meeting of the Council. The quorum of the Council is 5 members. _Chief/Councillor of the Band, do hereby certify that a true the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 82(1) of the Indian Act, this Ô / d of o X . 19 9 ^ (Witness) Councillor)
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.