Tataskweyak Cree Nation Dog Control By-law 2023-01
Dog Control By-law 2023-01
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TABLE OF CONTENTS PREAMBLE ........................................................................................................3 1. TITLE ................................................................................................................................ 4 2. DEFINITIONS ........... ........................................................ ................................... .......... .. 4 3. PUBLICATION OF THE BY-LAW. ....................... ...................... ...................................... 6 4. ADMINISTRATION ............................................................................. .. .................. .. ....... 6 5. APPLICATION ................................................................................................ .. ............. .. 6 6. LICENCE REQUIREMENTS ................................................. .......................................... 6 7. LICENCE ISSUE AND RENEWAL. ............................................................. .................... 7 8. REGISTRY AND LICENCE TAGS .................................................................................. 9 9. LICENCE FEES ............................................... ............ ................................................. ... 9 10. REGULATION OF DOGS AND RESTRICTED DOGS ................................................. 10 11. IDENTIFICATION OF RESTRICTED DOG ................................................................... 11 12. APPEALS ......... .................. .. .......................................................................................... 1 3 13. SEIZURE AND IMPOUNDMENTOF DOGS ...................... ....... ................................... 14 14. OFFENCES, PENALTIES AND ENFORCEMENT .................................. ..................... 16 15. REGULATIONS ........ ..................................................................... .. ............... .. ......... .... 18 16. AMENDMENTS ...................................................................................................... ........ 18 17. COMING INTO FORCE ................................................................................................. 18 RES ERVES/S ETTL EM EN TS/VI LLAG ES ............................ .... ... ....... ...... .. ......... ....... 19 DOG LICENCE FEES .................... ... ... .................................................. .... ........... 20
Tataskweyak Cree Nation Dog Control By-law 2023-01
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WHEREAS:
A.
A.
B.
C.
PREAMBLE
Tataskweyak Cree Nation has and continues to exercise an inherent Aboriginal and Treaty Right of Self-governmentthatis recognized and affirmed by Articles 34 and 35 of the United Nations Declaration on the Rights of Indigenous Peoples and Section 35 of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c11, and protected by Treaty No. 5, 1908;
Section 81, paragraphs (a), (d), (e), (q) and (r) of the Indian Act empowers the Council of a First Nation to pass by-laws to provide for the health and safety of residents on the Reserve, the prevention of nuisances, the protection against and the prevention of trespass by domestic animals, matters arising out of or in addition to the exercise of powers under Section 81, and the imposition of a penalty for the violation of any such by-law;
Chief and Council of the Tataskweyak Cree Nation recognizes that the uncontrolled ownership, breeding, and running at large of dogs is detrimental to the health and safety of residents on Reserve lands, particularly children , and is a nuisance and threat to all residents; and
Chief and Council believe that the regulation and control of dogs within the boundaries of the Tataskweyak Cree Nation Reserve lands is requ ired forthe health and safety of community members, and the humane treatment of the dogs.
NOW THEREFORE, at a duly called meeting of the Council of the Tataskweyak Cree Nation, Council enacts this Dog Control By-law, number 2023-01 as follows:
Tataskweyak Cree Nation Dog Control By-law 2023-01
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1. Title 1.1 This By-law may be cited as the Dog Control By-law, 2023-01 . 2. Definitions 2.1 The following definitions apply in this By-law: "Abandoned" means a Dog that is: (a) left for more than twenty-four (24) hours without adequate food, water, or shelter;
(b)
(c)
(d)
Impounded and left for a period of time determined by an Animal Control Facility, after the expected retrieval time from that Animal Control Facility;
left for five (5) days or more after the expected retrieval time, after being left in a person's care, upon agreement between that person and the Licensee or primary Owner;
found on premises which have been vacated by the Licensee or Owner; or
(e) is found At Large on more than three (3) occasions. "Animal Control Facility" means any animal control facility designated by Tataskweyak, which may include for greater certainty animal control faci lities located off of Tataskweyak Cree Nation Reserve lands, for the Impounding, assessment, and/or re homing of Dogs as set out in this By-law.
"At Large" means any Dog or Restricted Dog that is off the premises of the Licensee or Owner, and not securely confined in a vehicle or other enclosure or restrained by a leash and underthe direct, continuous, and effective control of any person competent to control it and, when necessary, Muzzled.
"Council" or "Chief and Council" means the governing body of the Tataskweyak Cree Nation elected pursuant to s. 74 of the Indian Act.
"Dog" means any domesticated canine and includes an animal that is a cross between a dog and a wolf.
"Dog Control Officer" means the individual appointed by Council by way of a resolution in writing to administer this By-law.
"Enforcement Officer" means a police officer as defined under The Police Services Act, C.C.S.M. c. P94.5, which includes a member or reserve member of the Royal
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Canadian Mounted Police (RCMP), ora First Nation safety officer appointed under The Police Services Act, C.C.S.M. c. P94.5.
"Impound" means to seize, confine, hold, deliver, receive, and take into or hold in custody, and the terms "Impounded" or "Impounding" have a corresponding meaning.
"Licence" means a licence issued pursuant to this By-law. "Licence Tag" means an identification tag issued by Tataskweyak Cree Nation showing the Licence number for a specific Dog or Restricted Dog.
"Licensee" means a person at least eighteen (18) years of age and who is named on a Licence issued pursuant to this By-Law as owner of a Dog or Restricted Dog.
"Muzzle" means a humane, commercially available, fastening or covering device of adequate strength, which still allows a dog to pant and drink, placed over the snout and mouth of a Dog designed specifically to prevent it from biting, or to secure a Dog's mouth in such a fashion that it cannot bite anything, and the term "Muzzled" has a corresponding meaning.
"Owner'' means a person who possesses or harbors or has care and control of a Dog or Restricted Dog, either temporarily or permanently, including for greater certainty non TCN Members, whether or not that person is a Licensee, and the terms "owns" and "owned" have a corresponding meaning.
"Reserve" means lands reserved forTataskweyak Cree Nation within the meaning of the Indian Act, R.S.B.C.1985, c.I-5 (see Schedule "A").
"Restricted Dog" means: (a) a Dog which, following the enactment of this By-law, has been identified by the Dog Control Officer as a Restricted Dog pursuant to section 11.3; or
(b) a Dog which is subject to a Restricted Dog Licence. "Tataskweyak Cree Nation" or "TCN" means the Tataskweyak Cree Nation, a "band" within the meaning of Section 2 of the Indian Act.
"Thompson Humane Center" means the animal shelter of the Thompson Regional Humane Society, located at 27 Nelson Road, Thompson , Manitoba.
''Veterinarian" means a currently licensed member of the Manitoba Veterinary Medical Association.
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"Without Provocation" means the absence of teasing, threatening, or assaulting actions upon the Dog or its Owner.
3. 3.1
4. 4.1
4.2
4 .3
4.4
5. 5.1 6.
Publication of the By-law Upon coming into force or any amendments of th is By-law, Council shall : (a) cause the By-law to be published on an internet site, in the First Nations Gazette or in a newspaper that has general circulation on the Reserve; and
(b)
post the By-law in a public area in the Tataskweyak Administration Building including notice containing:
(i) the date this By-law came into force; and (ii) a summary of this By-law. Administration Council will appointa Dog Control Officer to provide for the administration and enforcement of th is By-law.
Council expressly delegates authority to administer this By-law to the Dog Control Officer, as set out in this By-law. The Dog Control Officer may also delegate any part of its authority under this By-law to other persons.
The Dog Control Officer may delegate specific authority to an Enforcement Officer to enforce this By-law.
TCN may contract with enforcement services and animal protection services to assist with implementation and enforcement of this By-law or to Impound Dogs whose conduct violates this By-law.
Application This By-law applies to all Dogs located on TCN Reserves. Licence Requirements
Dog Licence Required 6.1 Every Owner shall obtain and maintain a Licence for their Dog or Restricted Dog, as provided for in this By-law, by February 1 of each calendar year (the "Registration Date").
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6.2
6.3
6.4
6.5
Every Owner shall renew a Licence for their Dog or Restricted Dog annually before the Registration Date.
An Ownerwho obtains or renews a Licence for their Dog or Restricted Dog after the Registration Date is subject to higher licensing fees as set forth in Schedule "B".
Sections 6.1 to 6.3 do not apply to Dogs or Restricted Dogs under the age of six (6) months.
Each Licence issued is valid until February 1 of the following calendar year.
Licence Requirements 6.6 An applicant for a Licence must be of at least eighteen (18) years of age. 6.7 Before the issuance of a Licence, the applicant must submit to the Dog Control Officer an application which includes:
6.8
7. 7.1
(a) (b)
(c)
(d)
the completed Dog Registration Form; proof, in a form acceptable to the Dog Control Officer, and issued by a Veterinarian , of the Dog being up-to-date on its required vaccinations, if applicable;
proof, in a form acceptable to the Dog Control Officer, and issued by a Veterinarian, of the Dog being spayed or neutered, if applicable;
proof, in a form acceptable to the Dog Control Officer, of the applicant being at least eighteen (18) years of age;
(e) any additional information required by the Dog Control Officer; and (f) the Licence fee, as established by this By-law. Before the renewal of a Licence, the applicant must submit to the Dog Control Officer any updates to information already on file, as required by the Dog Control Officer, and the Licence fee, as established by this By-law.
Licence Issue and Renewal The Dog Control Officer may, if satisfied with the information provided under section 6.7 or 6.8, as relevant, and aware of no reason under this By-law that the Dog or Restricted Dog should not be granted a Licence, issue or renew a Licence in respect of the Dog or Restricted Dog.
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7.2
In addition to issuing or renewing a License under section 7.1 , the Dog Control Officer may impose such terms and conditions on such Licence as he or she, in his or her sole discretion, deems appropriate.
Justification for Refusal to Issue or Renew Licence 7.3 The Dog Control Officer may refuse to issue or renew a Licence to an Owner applying for a Licence if the Owner:
(a) (b) (c)
has previously Abandoned a Dog; or has been responsible for the lmpoundment of a Dog; or does not provide the information required under section 6.7 or 6.8, as relevant.
Justification for Revocation or Suspension of Licence 7.4 The Dog Control Officer may revoke or suspend a Licence if the requirements of this By-law or if the conditions of the Licence are breached, for any period and subject to any conditions concerning the care and control of the Restricted Dog that an Enforcement Officer recommends and/or the Dog Control Officer deems fit.
False Information 7.5 No person shall give false information when applying for a Licence underthis By-law.
7.6
If at any time it is discovered that false information was provided by the applicant when applying for a Licence under this By-law, the Licence may be revoked.
New Information 7.7 The Licensee,or, in the eventofthe Licensee's death or inabilityto provide such notice, any other person having care or control of the Licensee's Dog, must notify the Dog Control Officer of any change in the information provided in a Licence application underthis By-law, including, but not limited to, the death or changeofownershipofthe Dog or the changeofaddress of the Licensee, within thirty (30) days of the change.
Transfer of Licence 7.8 A Licence issued underthis By-law shall not be transferable unless the transfer is approved in writing by the Dog Control Officer.
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Term 7.9
8.
Unless otherwise specified in th is By-law, the term of the Licence shall be valid for one year or until the Licensee ceases to own the Dog.
Registry and Licence Tags
Registry of Dogs 8.1 The Dog Control Officer shall keep a record of all Dogs for which a Licence has been issued, showing the issuance date of the Licence, the Licence number, the name and description of the Dog, any special conditions on the Licence, whether the Dog is a Restricted Dog, and the name, address, and contact information of the Owner.
Issuance of Licence Tag 8.2 Upon issuance of a Licence, the Dog Control Officer shall issue a Licence Tag for the Dog to the Owner.
Replacement of Licence Tag 8.3 Upon a Licence Tag being lost, stolen, or otherwise rendered unusable or illegible, an Owner shall advise the Dog Control Officer, who will replace it for the applicable Licence fee as set out and prescribed in Schedule "B".
Display of Licence Tag 8.4 An Owner or any other person having care or control of a Dog shall ensure it wears the appropriately issued Licence Tag, and that the Licence number on the Licence Tag is legible.
9.
Licence Fees
Licence Fees 9.1 The Licence fees for a Dog and Restricted Dog are set out in Schedule "B".
Amendment to Licence Fees 9.2 Council may, from time to time, by way of a BCR, change the Licence fees referred to in section 9.1.
Reduced and Prorated Licence Fees 9.3 No person shall be entitled to a reduced Licence fee under this By-law.
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9.4
The Licence fee may be prorated as set out in Schedule "B" to coincide with a Dog becoming six (6) months of age after August 1 of the calendar year.
Other Costs 9.5 TCN may recover costs from the Licensee or Owner, as incurred, for any required veterinary treatment and medication.
10.
Regulation of Dogs and Restricted Dogs
No Being At Large 10.1 A Licensee or Owner of a Dog must not permit or allow it to be At Large. 10.2 If a Dog is found to be At Large, the Licensee or Owner of the Dog will be deemed to have failed or refused to comply with the requirements of section 10.1 unless he or she provides evidence to the satisfaction of the Dog Control Officer or Enforcement Officer that he or she has taken all reasonable precautions to either:
(a)
(b)
secure the Dog so th at it wou Id not be able to escape the Licensee's or Owner's property, vehicle, secure enclosure, or other form of confinement; or
ensure that the Dog was u nderthe direct, effective, and constant control of a competent individual at all times when the Dog was off the Licensee's or Owner's property.
Off Property of Owner 10.3 A Licensee or Owner of a Dog shall , at all times when it is off the property of the Licensee or Owner, have it:
10.4
(a) under immediate control; and (b) held on a leash. The Licensee or Owner of a Restricted Dog shall, at all times when it is off the property of the Licensee or Owner, have it:
(a) (b) (c)
under immediate control; held on a leash not exceeding two metres in length; and Muzzled.
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Control of Dogs 10.5 A Licensee or an Owner of a Dog shall ensure it does not damage property or chase, attack, or bite any person or animal, Without Provocation.
Securing Restricted Dogs on Private Property 10.6 A Licensee or an Owner of a Restricted Dog must, at all times while the Restricted Dog is on their property, securely confine the Restricted Dog at all times, either indoors, or outdoors in a fully enclosed pen or other structure capable of preventing the entry of young children and adequately constructed to prevent the Restricted Dog from biting another animal or person or escaping.
Limitations on Keeping Dogs 10.7 A person, or two or more persons residing at the same premises, shall not keep or have more than two (2) Dogs on any premises within Tataskweyak Cree Nation Reserve, unless otherwise authorized in writing by the TCN Administrator.
10.8
10.9 10.1 O
Notwithstanding section 10.7, if an Owner has more than two (2) Dogs as of the date on which this By-law comes into force, they shall be entitled to keep the Dogs, but shall not acquire any more Dogs and at all times must adhere to Licence requirements set out in this By-law.
Section 10.7 does not apply in the case of Dogs underthe age of six (6) months. No person shall breed Dogs.
Notification of Stray 10.11 A person who takes control of any stray Dog sh all notify the Dog Control Officer and provide any required information .
Checks 10.12
11. 11.1
The Dog Control Officer and/or Enforcement Officers may make periodic checks on the number of Dogs possessed in each occupied house or dwelling and of their Licence status.
Identification of Restricted Dog For certainty, all provisions of th is By-law apply to Restricted Dogs: where the term "Dog" is used, it is interpreted to include "Restricted Dogs". However, in the event of a conflict between a provision in this Part 11 and anyotherprovision in this By-law, the provision in this Part 11 shall prevail.
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11 .2 11.3
11.4
11 .5
11.6
Every Owner of a Restricted Dog must hold a Restricted Dog Licence for it. The Dog Control Officer may identify a Dog as a Restricted Dog if they determine, on reason able grounds based on : person al observation , observation by an Enforcement Officer, or on facts determined after an investigation conducted in relation to the Dog, which may include witness reporting, the available history of the Dog and the Dog's Owner, and any available reports from qualified professionals, and which may include facts and incidents that occurred prior to the enactment of this By-law, that:
(a) (b)
the Dog is trained for predatory behaviour; or the Dog has lunged at, chased, bitten, attempted to attack, or attacked other domesticated animals, livestock, wildlife, or humans, Without Provocation, with or without causing physical injury.
If the Dog Control Officer identifies a Dog as a Restricted Dog under section 11.3, the Dog Control Officer or an Enforcement Officer shall deliver a written notice to the Licensee or Owner of that Dog advising the Licensee or Owner:
(a) (b)
(c)
(d)
of the requirements of this By-Law regarding Restricted Dogs; and that the Dog has been determined to be a Restricted Dog, and the basis upon which the determination has been made; and
that the Licensee or Owner must apply for a Restricted Dog Licence within the required timeline; and
if already known , of any additional conditions, such as those laid out at section 11.7, that will be placed on the Restricted Dog Licence.
Every Licensee or Owner who is issued the written notice which includes an order to apply for a Restricted Dog Licence made pursuantto section 11.4, and who does not file a written notice of appeal of the decision pursuantto Part 12 of this By-law must apply for a Restricted Dog Licence within fourteen (14) days of delivery of the notice.
If a written notice of appeal of the decision made under section 11.3 is filed, until such time as Council hears and upholds the decision being appealed, the Dog must be treated in accordance with the restrictions and expectations set out in provisions specific to Restricted Dogs under this By-law.
Additional Conditions on Restricted Dog Licence
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11 .7
12.
In addition to the requirements imposed on Restricted Dogs in Part 10 of this By-law, the Dog Control Officer may, at any time and for any duration, impose conditions on a Restricted Dog's Licence regarding the care and control of the Restricted Dog, including, but not limited to, any combination of the following:
(a)
(b)
(c)
(d)
(e)
(f)
when the Restricted Dog is not on the Licensee or Owner's property, the Licensee or Owner shall secure the Restricted Dog by a collar and leash that is no more than one (1) metre in length;
the Licensee or Owner shall ensure that the Restricted Dog is not in a designated off-leash area on TCN Reserve lands at any time;
the Licensee shall ensure the Restricted Dog has permanent identification (a microchip or ID numbers/letters permanently marked by a Veterinarian that are con nectedto the contact information of the Owner) and provide the permanent identification information to the Dog Control Officer;
the Licensee or Owner shall post a clearly visible sign on the Licensee's and/or the Owner's property saying "Beware of Dog";
the Licensee shall supply to the Dog Control Officer written confirmation within a specified time that an animal trainer or qualified professional has been retained to provide behavioural remediation , and confirmation that such remediation has been completed; and
the Licensee shall supply to the Dog Control Officer written confirmation within a specified time that the Licensee has obtained a policy of liability insurance covering any damages for personal injuries caused by the Restricted Dog, in an amountnot less than five hundred thousand dollars ($500,000), and shall maintain such insurance.
Appeals
Notice of Appeal 12.1 Within ten (10) days of receipt of a written notice made pursuant to section 11.4, or receipt of a decision made by the Dog Control Officer pursuant to section 7.3 or section 7.4, the Licensee or Owner may file a written notice of appeal of the Dog Control Officer's decision to Council setting out the reasons for the appeal.
Council to Hear Appeals 12.2 Council, where at least three (3) representatives of Council are present, shall hold a hearing within thirty (30) days of receiving the notice of appeal pursuant to section 12.1.
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12.3 12.4
Decision 12.5
12.6
The Dog Control Officer must attend the hearing at the request of Council. Interested parties unable to attend the hearing may submit, in writing, evidence for Council's consideration.
After reviewing the written notice of appeal and the evidence presented at the hearing from the Licensee or Owner, Dog Control Officer, and any other persons, Council must issue a decision that confirms, varies, substitutes, or cancels the Dog Control Officer's decision in writing, with reasons for the decision, within ten (10) days of the hearing being closed.
Council shall deliver their written decision to the Owner and the Dog Control Officer within twenty-four (24) hours of it being issued.
13. Seizure and lmpoundment of Dogs Seizing a Dog Under this By-law 13.1 An Enforcement Officer or the Dog Control Officer may seize any Dog who they have reasonable grounds to believe:
(a)
(b) (c) (d) (e)
(f)
(g)
(h) (i)
0)
is or has been on a street or other public place unlawfully, including being At Large, or who is not tethered or Muzzled in accordance with this By-law or specific Licence conditions; or
is Abandoned ; or is not licenced; or is not correctly licenced; or is not, or has not been wearing the correct Licence Tag in accordance with th is By-law; or
is found in a manner, location , or being treated contrary to this By-law or specific Licence conditions; or
has bitten or who is alleged to have bitten a person or other domestic animal; or
has killed or seriously injured a person, domestic animal , or wildlife ; or is likely to kill or seriously injure a person or is otherwise an imminent danger to the public; or
is a Restricted Dog, and which poses a threat to the residents on the Reserve; or
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(k)
is a Restricted Dog, and which has had its Licence revoked or suspended for breaching a requirement of this By-law or a condition of the Licence.
Impounding a Dog 13.2 Promptly upon seizure of a Dog undersection 13.1, the Dog Control Officer or an Enforcement Officer must deliverthe Dog, or have the Dog delivered, to the Thompson HumaneCenteror any other Animal Control Facility able to Impound it.
13.3
13.4
13.5
13.6
Despite section 13.2, if the Dog Control Officer or an Enforcement Officer believes the Dog requires medical care, the Dog Control Officer or Enforcement Officer may direct that the Dog be taken to, and left with , a Veterinarian.
Despite sections 13.2 and 13.3, if the Dog Control Officer or an Enforcement Officer believes that a seized Dog is suffering and in such distress from injury, disease, or sickness, and that destroying the Dog prior to delivery to a Veterinarian would be humane, the Dog Control Officer or an Enforcement Officer may destroy the Dog or cause the Dog to be destroyed.
For certainty, The Thompson Humane Center or any other Animal Control Facility able to Impound a Dog may lmpou nd the Dog for any length of time or pursuant to any conditions, in accordance with its own policies and practices .
After expiry of the length of time or on the conditions referred to in section 13.5, the Thompson Humane Center or any other Animal Control Facility able to Impound a Dog may destroy an Impounded Dog or offer it for foster or adoption.
Notifying Licensee or Owner of lmpoundment 13.7 Where the Licensee or Owner of an Impounded Dog is known to the Enforcement Officer or the Dog Control Officer, as soon as practicable, but at least within twenty-four (24) hours, the Enforcement Officer or Dog Control Officer will notify the Licensee or Owner that the Dog has been Impounded and will provide details on where the Dog was Impounded. If the Enforcement Officer provides such notice, the Enforcement Officer must communicate to the Dog Control Officer that notice has been provided, as soon as practicable.
Locating Licensee or Owner 13.8 Where the Licensee or Owner of an Impounded Dog cannot be located or contacted, the Dog Control Officershall, within twenty-four(24) hours of the date of the lmpoundment, post written notices describing the Dog at the Tataskweyak Cree Nation administration officesand/orwebsite, and such notices shall remain posted for at least five (5) days.
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Licensee or Owner's Responsibility 13.9 If a Dog is lmpou nded, it is the Licensee's or Owner's responsibility to contact the Animal Control Facility or the veterinary clinic where the Dog is Impounded and to meet any requirements for its release, which may include paying any required.fines or fees.
Written Report 13.10 A written report of each incident involving Impounding or seizure, as described in this Part 13, shall be filed with the Dog Control Officer by the Enforcement Officer, or shall be created by the Dog Control Officer, and shall be kept on file with any Licence information relating to the Dog .
No Liability 13.11 No action for damages lies or may be instituted against Tataskweyak Cree Nation Council, an Enforcement Officer, the Dog Control Officer, or any other person authorized underthis By-law, as a result of the seizure or lmpoundment of a Dog pursuantto this By-law, or for anything said, or done, or omitted to be said or done by that person in the performance or intended performance of the person's duty or exercise of the person's authority, or for any alleged neglect or default in the performance or intended performance of the person's duty or exercise of the person's authority, underthis By-law. However, this section does not provide a defence if, in relation to the conduct that is the subject matter of the action, the actor has been guilty of dishonesty, gross negligenceormalicious or wilful misconduct.
14.
Offences, Penalties and Enforcement
No Interference 14.1 A person must not interfere with, resist, or otherwise obstruct an Enforcement Officer, the Dog Control Officer, or other person authorized underthis By-law, in the performance of his or her duties.
No trespass 14.2 For the purpose of this By-law, an Enforcement Officer may enter TCN Reserve lands if acting under this By-law to seize or Impound a Dog;
Offences Under By-law 14.3 Any person who: (a) violates, or does any act or thing which violates, any provision of this By law or a condition of a Licence; or
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(b)
(c)
neglects to do or refrains from doing anything required to be done by any provision of this By-law or a condition of a Licence; or
suffers or allows any other person to fail to comply with an order, direction, or notice given under any provision of th is By-law;
shall be deemed to have committed an offence under this By-law and shall be liable to the penalties imposed under this Part 14.
14.4
14.5
14.6
Tickets 14.7
14.8
14.9
Default 14.10
Every person who commits an offence against this By-law is punishable on summary conviction by a fine of not more than $1,000.00 for each offence.
Each time an offenceoccurs,or where an offence is of a continuing nature,each day or part of a day on which it continues constitutes a separate offence.
A prosecution for contravention of this By-law may be dealt with under The Provincial Offences Act, C.C.S.M. c. P160.
Despite section 14.4, an Enforcement Officer may issue a ticket for any offence underthis By-Law.
Any Person issued a ticket underthis By-Law will be required to pay the amount set out in that ticket in accordance with the terms identified on the ticket.
In the case of an unpaid fine, the amount is a debt due to TCN.
Where a person is in default of payment of a fine or any other fees, charges, or costs under this By-law, Tataskweyak Cree Nation may, in its sole discretion as it deems appropriate, withhold an amount payable by itto such person from time to time, not to exceed the amount of the unpaid fine, fee, charge or cost, and shall apply such amountto the unpaid fine, fee, charge or cost, as the case may be.
Alternative Payment Option 14.11 Where a person in unable to pay the full amountofthe fine, fee, charge, or costs, then alternative means of payment can be negotiated, such as a payment plan option .
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15. 15.1
16. 16.1
17. 17.1
Regulations For the purpose of carrying outthe provisions of this By-law, Council may make regulations that are additional to and support this By-law, as long as they are not inconsistent with the spirit or intent of this By-law. Every regulation made pursuant to this Part 15 shall have the force of law.
Amendments This By-law may be amended by a quorum of Council at a duly convened Council meeting.
Coming into Force This By-law shall come into force when a copy of it is first published on TCN's website, in the First Nations Gazette, or in a newspaper that has general circulation on the Reserve, whichever the Council considers appropriate in the circumstances pursuant to Section 81 of the Indian Act, and the Council hereby confirms that any of these forms of publication are appropriate in the circumstance.
BE IT KNOWN that this By-law entitled Tataskweyak Cree Nation Dog Control By law 2023-01 is hereby enacted by a quorum of Council at a.duly convened Council of the Tataskweyak Cree Nation held on Dt:cernl2c✓- Lf , 2023.
Councillor Randy Beardy
Councillor Joan Ouskun
Quorum of Council is 4.
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No.
Name
06461 SPLIT LAKE 171
06462 SPLIT LAKE 171A
06463 SPLIT LAKE 1718
Schedule "A" RESERVES/SETTLEMENTS/VILLAGES
Location
104 KN NE/NE OF/DE THOMPSON
TWP 83, RGES 8,9&10, TWP 84 RGES 8&9, EPM
TWP 82, RG E 9, EPM
Tataskweyak Cree Nation Dog Control By-law 2023-0'1
Hectares
15928.40
2990.70
135.60
19
Dog Licence
-
Schedule "B"
DOG LICENCE FEES
Puppy reaching six (6) months old in the calendar year
Dog Licence (late registration)
Restricted Dog Licence
Restricted Dog Licence (late registration)
Replacement Tag for valid Licence
Tataskweyak Cree Nation Dog Control By-law 2023-01
.. $35.00
$17.50
$70.00
$70.00
$140.00
$10
By February 1st of each calendar year
By August 1st of each year (prorated)
After February 1st of each calendar year
By February 1st of each calendar year
After February 1st of each calendar year
N/A
20