Partie II - Lois des Premières nations promulguées

LAW NO. El6-01 ERMINES KIN CREE NATION DOG AND PROHIBITED ANIMAL CONTROL LAW

BEING A LAW OF THE ERMINES KIN CREE NATION WITH A PURPOSE OF ESTABLISHING AND ENFORCING ANIMAL (DOG AND PROHIBITED ANIMAL) CONTROL WITHIN THE ERMINESKIN CREE NATION RESERVE NO. 138.

WHEREAS the Ermineskin Cree Nation has and continues to exercise an inherent Aboriginal and Treaty Right of Se lf-government that is recogni zed and affirmed by the Ermineskin Tribal System Constitution ( / 984), 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, c II , and is protected by Treaty No. 6, 1876; and

WHEREAS Ermineskin Cree Nation has a deep and abiding respect of the Creator's Natural Laws and a great sense of stewardship, with a long-standing traditi onal and spiritual relationship with domesticated animals, in particular dogs (atimwak), and holds such animals in high-regard and, as such, stri ves to ensure that matters related to such animal are carried out in a conscientious, re pectful and prompt manner; and

WHEREAS pursuant to Section 8 1 of the Indian Act, R.S.C. 1985, c 1-5 (the "Indian Act"), a council may make laws not inconsistent with the Indian Act and regulations made thereunde r, for any or all of the purposes set out in paragraphs 8 1( I )(a), (c), (d), (e), (q) or (r) therein ; and

WHEREAS Council of the Ermineskin Cree Nation deems it expedient and in the best interests of the Ermineskin Cree Nation to make a law for the purpo e of animal control for the health and safety of residents and the prevention of nuisance to residents;

NOW THEREFORE, COUNCIL OF THE ERMINESKIN CREE NATION, DULY ASSEMBLED, ENACTS AS FOLLOWS:

PART I- TITLE, DEFINITIONS AND INTERPRETATION 1. SHORT TITLE 1.01 This law may be known as the "Animal (Dog and Prohibited Animal) Control Law". 2. DEFINITIONS 2.0 I In this Law, unless the context otherwi e requires: (a) "Abandoned" mean any Dog that is: (i) left for more than 24 hours without adequate food, water or shelter; (ii ) left for fi ve (5) days or more after the expected retrieval time from an Animal Control Facility; (iii) found on Pre mises which have been vacated by the Owner; or l'rnune,~in Cn.~ Nation Amn~li (Dog ;md l'rolubitcJ Annn.tl) Controll~t" Page I Ratified and confirmed by the Member- olthc Enuine,~in Cn...: ;'l;;tltnn h) l\lolton :'\u. 2016-17118 0~· 16/010

(iv) is found At Large on more than three (3) occasions; (b) "Animal" means any bird, reptile, amphibian, or mammal excluding humans; (c) "Animal Control Officer" means a peace officer(s), police officer(s), and/or one or more Persons duly appointed by Council of Ermineskin Cree Nation by way of a resolution in writing for the purpose of enforcing and carrying out the provisions of this Law;

(d) "Animal Control Facility" means the Ermineskin animal control facility or any other animal control facility designated by Ermineskin, which may include for greater certa inty animal control facilities located off of Ermineskin Reserve, for the impounding, assessment and/or re-homing of Dogs as set out in this Law;

(e) "Animal Protection Act" means the Animal Protection Act, R.S.A. 2000, c. A-41, as well as any regulations promulgated thereunder, in each case as amended or replaced from time to time;

(t) "Appeal Committee" means any three (3) member committee appointed by the Tribal Administrator to hear appeals under Section 14 and Section 19 of this Law;

(g) "At Large" means a Dog which is off the Owner's Property and which is not restrained by a Leash and Under Control or is otherwise not under the immediate, effective and continuous control of the Owner;

(h) "Behavior Assessment" means a review of the behavior of a Dog performed by an experienced and certified expert in Dog behavior;

(i) "Communicable Disease" means any disease or illness that may be transferred from an Animal to a human through direct or indirect contact;

(j) "ControUed Confinement" means where a Dog is isolated and contained within a Secure Enclosure or securely tethered in a manner that will not allow the Dog to bite or harm any Person or Animal;

(k) "Council" means the Council of Ermineskin Cree Nation, comprised of the Chief and Councillors, duly elected from time to time in accordance with the Ermineskin Tribal Election Custom and the Judiau Act;

(I) "Court" means a court of competent jurisdiction in the Province of Alberta; (m) "Dangerous Dog" means a Dog which has been determined to be a Dangerous Dog pursuant to Section 14 of this Law;

(n) "Dog" means any domesticated dog and includes a Dangerous Dog; (o) "Domestic Animal" means any Animal normally kept for domestic purposes or a household pet including but not limited to dogs, cats, rabbits, ferrets, fowl , cows, horses, sheep, goats and pigs;

(p) "Ermineskin" means the Ermineskin Cree Nation #443; I rnunc,km ( ·rcc Nallon Arumal (Dog and l'roh l'ag~ 2 Raulied and confirmed b~ the :l.kmhcr' ot the I rmrnc,km Cree Natron h~ !\1ol1o

(q) "Ermineskin Reserve" means the geographic area of the Ennineskin Cree Nation Reserve # 138 pursuant to the Indian Act;

(r) "Intact Dog" means any dog that is not Spayed or Neutered; (s) "Facility Supervisor" means the Person responsible for the administration and maintenance of the Animal Control Facility and such other duties as set out in this Law;

(t) "Kennel" means a Premises in which dogs are kept, trained, cared for, boarded and/or bred for-profit and in accordance with applicable laws;

(u) "Law" means this Animal (Dog and Prohibited Animal) Control Law; (v) "Leash" means a rope, cable or other material or device capable of restraining the Dog upon which it is being used;

(w) "License" means a license issued pursuant to this Law; (x) "License Tag" means a pennanent identification tag issued by Ennineskin showing the License number for a specific Dog;

(y) "Motor Vehicle" has the same definition as in the Traffic Safety Act, R.S.A. 2000 Chapter T -6, as amended or replaced from time to time;

(z) "Muzzle" means a humane, commercially available, fastening or covering device of adequate strength placed over the mouth of a Dog designed specifically for bite prevention that allows Dogs to pant, drink and engage on otherwise nonnal behavior while wearing the device;

(aa) "Off Leash Area" means an area designated by Tribal Administrator where the presence of a Dog is pennitted without the need for the Dog to be restrained by a Leash;

(bb) "Owner" includes any one or more Persons, including for greater certainty non-Ennineskin Members attending at the Ennineskin Reserve, who:

(i) has the care, charge, custody, possession or control of the Animal, either temporarily or pennanently; (ii) is in actual or apparent possession or control of Premises where an Animal apparently resides; (iii) claims or asserts any proprietary interest in an Animal; (iv) harbors an Animal, or allows an Animal to remain on his/her Property; or (v) reclaims or receives an Animal from the custody of the Pound or Ennineskin; (cc) "Owner's Property" means any Premises which are leased or otherwise occupied by an Owner;

(dd) "Permanent Identification" means identification numbers/letters that are pennanently marked on a Dog's ear in a veterinary clinic while the Dog is under anesthetic, or an implanted microchip;

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(ee) "Person" means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative;

(ff) "Premises" means any parcel or lot of land or a portion thereof and includes any improvements situated thereon;

(gg) "Prohibited Animals" means those Animals defined in Section 27.0 I of this Law; (hh) "Registered Veterinarian" has the same meaning as in the Veteriuary Profession Act R.S.A. 2000 Chapter V-2;

(ii) "Secure Enclosure" means a building, pen or fenced area which is secured and constructed in such a manner that it will not allow the Dog to jump, climb, dig or otherwise escape nor will it allow the entry of unauthorized individuals into the enclosure unless the unauthorized individual forces his/her way into the enclosure and which confonns with the following minimum requirements:

(i) the Secure Enclosure shall have secure sides. If the Secure Enclosure has no bottom secured to the sides, the sides of the Secure Enclosure must be embedded into the ground to a minimum depth of thirty (30) centimeters; (ii) the Secure Enclosure must provide the Dog with adequate shelter from the elements including heat, cold, sun, rain and wind; (iii) the Secure Enclosure must be located not less than one (I) metre away from the property line of the Owner's Property and not less than five (5) metres away from a dwelling unit located on any Premises that are adjacent to the Owner's Property; and (iv) the Secure Enclosure must be of adequate size for the Dog, permitting the Dog to stand, sit, lie down, and turn around comfortably, provided that the size of the Secure Enclosure shall not be less than, in the case of one (I) Dog, 15' x 17', in the case of two (2) Dogs, 15' x 21', and in the case of three Dogs, 15' x 21';

(jj) "Serious Injury" means an injury to a Domestic Animal or human resulting from a Dog bite or attack which results in one or more broken bones, or disfiguring lacerations, or any injury requiring sutures or cosmetic surgery, or any other injury detennined to be severe;

(kk) "Service Dog" means a Dog having special training and certification by an official service dog agency which is kept and utilized by any mentally or physically disabled individual for the purpose of compensati ng for or alleviate the effects of that individual's disability;

(II) "Spayed" or "Neutered" means the surgical removal of reproductive organs on an Dog by a Registered Veterinarian while the Dog is under anesthetic;

(mm) "Stray Dog" means a Dog that is Abandoned or has no identifiable Owner; (nn) "Tether" means a rope, cable or similar restraining device that prevents an an imal from moving away from a localized area and the words "Tethered" and "Tethering" shall

refer the use of the device;

(oo) "Threatening Behaviour" means a Dog which, without provocation: I rnmH:,km Crl"e :--Jallon .\mmal (Dllg and l'rllhl Rallfkd and <:llnlirml"d b~ the :\lcmhl"r' of the I rnlllll",klll Cree :-.lallon h\ J\1llllon

(i) barks, growls, snaps at, lunges at, chases, attacks or bites another Domestic Animal, bicycle, Motor Vehicle or other vehicle, or (ii) barks, growls, snaps at, lunges at, chases, attacks or bites an individual unless the individual is a trespasser on the Owner's Property;

(pp) "Tribal Administrator" means the Tribal Administrator of Ermineskin or his/her delegate;

(qq) "Under Control" means that the Dog is under the effective control of the Owner including responding promptly to voice, sound or sight commands; and

(rr) "Without Provocation" means the absence of teasing, tormenting, abusing or assaulting actions upon the Dog or its Owner.

PART II- LICENSING OF DOGS 3. REQUIREMENT FOR LICENSE 3.0 I Every Owner shall obtain and maintain a License in respect of his/her Dog as provided for in this Law.

3.02 Every Owner shall provide proof of vaccinations prior to being issued a License 3.03 An Owner of a Dog shall ensure that the Dog wears the License Tag issued for the Dog at all times and shall ensure that the Dog does not wear a License Tag in respect of another Dog.

3.04 An Owner of a Dangerous Dog shall obtain a Dangerous Dog License on the first day on which Ermineskin offices open for business after the Dog has been declared a Dangerous Dog and shall maintain the Dangerous Dog License for the period during which the Dog has been declared to be a Dangerous Dog.

3.04 This Section 3 does not apply: (a) to a Dog under the age of eight (8) months unless the Dog is considered a Dangerous Dog under this Law; or (b) to a Person that keeps Dogs in the course of their operation of a legally established Kennel or Pound.

3.05 The Tribal Administrator shall record every License issued under this Section m a central register, to be established and maintained by the Tribal Administrator.

4. LICENSE APPLICATION, ISSUANCE AND RENEWAL 4.0 I The Tribal Administrator may, on application by the Owner of a Dog, issue or renew a License in respect of the Dog and may impose such terms and conditions on such License as he or she, in his or her sole discretion, deems appropriate.

4.02 Before the issuance or renewal of a License pursuant to this Section 4, the Owner must submit to Tribal Administrator the License fee as established by this Law together with the following information:

(a) a description of the Dog including breed, name, gender, age, tattoo and microchip number; (b) evidence establishing that the Dog is Spayed or Neutered; (c) the name, address and telephone number of the Owner; (d) number of other Dogs owned by the Owner; (e) if the Owner of the Dog is a corporation, the name, address and telephone number of the individual responsible for the Dog; and (f) any other information that Tribal Administrator may require. 4.03 No Person shall give false information when applying for a License under this Law. 4.04 An applicant must be of at least eighteen ( 18) years of age. 4.05 The Owner is responsible to immediately notify Ermineskin of any change in the information provided in a License Application under this Law including but not limited to the death or change of ownership of the Dog.

4.06 Tribal Administrator shall not issue or renew a License pursuant to this Part unless satisfied that: (a) all applicable fees have been paid; and (b) all required information has been provided. 4.07 Upon issuance of a License, Tribal Administrator shall issue a License Tag for the Dog to the Owner.

4.08 Upon losing a License Tag an Owner of a Dog shall advise Tribal Administrator whereby a replacement License Tag will be issued to the Owner for the applicable fee as set out in Schedule "A".

4.09 A License issued under this Law shall not be transferable from one Dog to another, or from one Owner to another unless the transfer is approved in writing by Tribal Administrator.

5. TERM 5.01 Unless otherwise specified in this Law, the term of a License shall be valid until the Owner ceases to own the Dog.

6. LICENSE FEES 6.0 I The License fees for a Dog are set out in Schedule "A". 6.02 The License fee for a Dangerous Dog is set out in Schedule "A". 6.03 No Person shall be entitled to a reduced License fee under this Law. er' of I he I rnunc,km Cree Nall!>n I'>~ 1\h>lwn No 2016-17/ 1S -05-1(> 010

6.04 Council may, from time to time by way of a resolution in writing, change the License fees referred to in Sections 6.0 I and 6.02.

PART ill- REGULATION OF DOGS 7. ATLARGE 7.0 I The Owner of a Dog shall ensure that the Dog is not At Large. 7.02 If a Dog is found to be At Large, the Owner of the Dog will be deemed to have failed or refused to comply with the requirements of Section 7.01 unless he/she provides evidence to the satisfaction of the Tribal Administrator that he/she has taken all reasonable precautions to either:

(a) secure the Dog so that the Dog would not be able to escape the Owner's Property, Motor Vehicle, Secure Enclosure or other form of confinement; or (b) ensure that the Dog was under the direct, effective and constant control of a competent individual at all times when the Dog was off the Owner's Property.

7.03 No Person shall cause a Dog to be At Large in Ermineskin by: (a) untying, loosening or otherwise treeing a Dog which has been tied or otherwise restrained; or (b) negligently or willfully opening a gate, door or other opening in a fence or Secure Enclosure or Motor Vehicle in which a Dog has been confined.

8. EXCESSIVE BARKING 8.0 I The Owner or any other Person having care or control of a Dog shall ensure it does not bark, howl or otherwise behave in a manner that is reasonably likely to annoy or disturb the peace of other individuals.

8.02 In determining whether barking, howling or behavior is reasonably likely to annoy or disturb the peace of others, consideration may be given, but is not limited, to the following:

(a) location of Premises where the Dog resides; (b) duration of the barking, howling or behavior; (c) time of day and day of the week when the barking, howling or behavior occurs; (d) nature and use of the surrounding area; and (e) any effect of the barking, howling or behavior. 9. DEFECATION 9.01 The Owner of a Dog shall immediately remove any defecation left by the Dog on any public property or private property other than the Owner's Property.

9.02 The Owner or any other Person having care or control of a Dog shall ensure that Dog feces on the Owner's Property does not accumulate to such an extent that it is reasonably likely to annoy or pose a health risk to other individuals.

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10. DOG OFF OWNER'S PROPERTY I 0.0 I The Owner of a Dog shall, at all times when the Dog is off the Owner's Property, ensure that the Dog is:

(a) Under Control; and (b) except when in an Off Leash Area, restrained by a Leash not exceeding two meters in length.

I 0.02 When a Dog is within an Off Leash Area, the Dog need not be restrained on a Leash, provided that the Dog is Under Control at all times. However, the Owner shall carry with him/her a Leash for the Dog not exceeding two meters in length.

11. PROPERTY DAMAGE AND THREATENING BEHAVIOR 11.0 I The Owner of a Dog shall ensure that the Dog does not: (a) damage any private or public property; (b) upset a waste receptacle or scatter the contents thereof; or (c) exhibit Threatening Behavior. 11.02 The Owner of a Dog is guilty of an offence if, whether on or off the Owner's Property, the Dog exhibits Threatening Behavior, whether or not the Threatening Behavior results in physical injury.

11 .03 Section 11.02 does not apply to a Dog exhibiting Threatening Behavior: (a) when the Dog is physically unable to reach the target of the Threatening Behavior because the Dog is securely confined within a building, Motor Vehicle or Secure Enclosure; or (b) if the Threatening Behavior is a direct result of the Dog being provoked. 12. FEMALE DOGS IN SEASON 12.01 The Owner of a female Dog shall keep the Dog secured either indoors or in a Secure Enclosure while the Dog is in season.

13. AREAS WHERE DOGS ARE NOT ALLOWED 13.01 Subject to Section 13.03, no Person shall have a Dog in any area which has a posted sign stating that Dogs are not permitted in that area.

13.02 The Tribal Administrator may post signs indicating any areas or Premises owned, leased or controlled by Ermineskin where Dogs are not permitted.

13.03 Subject to the requirements of Section 10, Section 13.01 shall not apply to the Owner of a Service Dog if the Owner is using the Service Dog for assistance.

I rnunc,kin Cree Nation Ammal (l),>g and l'rulubllcd Anmlal) Ralllicd and C<>nlirmcd b~ the Member' of the I mune,km Cree Nat1on h~ Mot1on No 2016-171

PART IV- REGULATION OF DANGEROUS DOGS 14. DANGEROUS DOG PROVISIONS 14.0 I All provisions of this Law apply to Dangerous Dogs. However, in the event of a conflict between a provision in this Part and any other provision in this Law, the provision in this Part shall prevail.

14.02 Tribal Administrator may identify a Dog as a Dangerous Dog if he/she determines, on reasonable grounds based on personal observation or on facts determined after an investigation conducted in relation to the Dog, that:

(a) the Dog has a known propensity, tendency or disposition to attack, Without Provocation, other Domestic Animals or humans; (b) the Dog has inflicted a Serious Injury upon another Domestic Animal or human; or (c) the Dog has been the subject of an order or direction of a Court pursuant to the Dangerous Dogs Act, R.S.A. 2000 Chapter D-3.

14.03 If Tribal Administrator identifies a Dog as a Dangerous Dog, he/she: (a) shall provide the Owner with written notice that the Dog has been determined to be a Dangerous Dog together with the basis upon which such determination has been made; (b) may require that the Owner submit the Dog to a Behavior Assessment at the expense of the Owner; (c) may require that the Owner enter into a written agreement to keep the Dog in accordance with such conditions as the Tribal Administrator deems appropriate to secure the health and safety ofErmineskin residents; (d) may require the Owner to keep such Dog in accordance with the provisions of Part IV of this Law upon the Owner's receipt of this notice; and (e) shall inform the Owner that if the Dangerous Dog is not kept in accordance with the requirements of this Law, the Owner will be subject to further enforcement action pursuant to this Law.

14.04 Within fourteen (14) days of receipt of a written notice issued pursuant to Section 14.03, the Owner may file a written notice of appeal of Tribal Administrator's deci sion to Council setting out the reasons for the appeal.

14.05 Upon receipt of a written notice of appeal pursuant to Section 14.04, Council shall forward a copy of the notice of appeal to the Appeal Committee. The Appeal Committee shall hold a hearing within thirty (30) days of receipt of a written appeal filed in accordance with Section 14.04. After reviewing the appeal and hearing evidence at the appeal hearing from the Owner, Animal Control Officer, Tribal Administrator and anyone else having relevant information, the Appeal Committee may confirm, vary, substitute or cancel Tribal Administrator's decision. The Appeal Committee shall issue its decision in writing, firstly, to Council within fourteen (14) days of the hearing being closed and, secondly, to the Owner within twenty-four (24) hours following the delivery of notice to Counci I.