Partie II - Lois des Premières nations promulguées

PEERLESS TROUT FIRST NATION Animal Control Bylaw Bylaw No. _ 1_ _______ Enacted on the _I l_ day of _ __.F_..t.,.'b---{'-_1> _/Ji 1 ...l..f, _ , j

__,, 2025

WHEREAS section 81, paragraph (a), (d), (e), (q) and (r), of the Indian Act empower the Council of Pee rless Trout First Nation to pass by-laws to provide for the health of residents on the reserve, the prevention of nuisances, the protection against and the prevention of trespass by domestic animals, in addition to, matters arising out of or ancillary to the exercise of powers under this section, and the imposit ion of a penalty for the violation of any such by-law;

AND WHEREAS the Council of the Peerless Trout First Nation is of the opinion that the uncontrolled ownership, breeding, and running at large of anima ls may be detrimental to the health of the residents on the rese rve, and a nuisance to such residents;

AND WHEREAS the Chief and Council of the Peerless Trout First Nation deem it advisable and in the best interests of the Peerless Trout First Nation to establish a bylaw to both regulate the keeping of and prohibit the running at large of animals within the Peerl ess Trout First Nation Reserve

AND WHEREAS the Chief and Council of the Peerless Trout First Nation may, under paragraph 81 of the /11dian Act, make bylaws:

1. for the prevention of disorderly conduct and nuisances (paragraph 81(d));

2.

for the protection against and prevention of trespass by horses, cattle and other domestic animals, the establishme nt of pounds, the appointment of pound keepers, the regulation of their duties and the provision for fees and charges for their services (paragraph 81(e));

3. with respect to any matter aris ing out of or ancillary to the exercise of the aforementioned powers (paragraph 81(q));

4.

with the imposition on summary conviction of a fine not exceeding one thousand dollars or imprisonment for a term not exceeding 30 days, or both, for violation of a bylaw made under section 81 (paragraph 81(r));

NOW THEREFO RE the Chief and Council of the Peerless Trout First Nation at a duly convened meeting thereof enact the following bylaw:

PARTI SHORT TITLE

1.

This Bylaw may be cited for all purposes as the Peerless Trout First Nation Animal Control Bylaw.

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PART2 DEFINITIONS

2. The following terms whenever used in this Bylaw, or in any resolution of Chief and Council passed re lating to this Bylaw, shall have the meaning respectively ascribed to them in this section unless the context otherwise requires :

"Act" means the Indian Act (together with all regulat ions made pursuant to same) being Chapter 1-5 of the Revised Statutes of Canada, 1985, and any amendments thereto;

"Animal" means any living creature other than a human being;

"Animal Control Officer" means any person appointed or contracted by Chief and Council to enforce and carry out the provisions of this Bylaw;

"Chief and Council" means the Chief and Cou ncil of the Peerless Trout First Nation;

"Dangerous Dog" means any Dog that meets any one or more of the following :

(a)

(b)

(c)

(d)

(e)

the Dog has attacked, bitten or caused injury to a person or has demonstrated a propensity, tendency or dispos it ion to do so;

the Dog, while Running at Large, has attacked, bitten, killed or caused injury to an Animal;

the Dog, while Running at Large, has aggressively pursued or harassed a person or Anima l;

the Dog has a known propensity, tendency or disposition to attack a person without provocation or to otherwise cause injury or threaten the safety of human beings or Animals;

any Dog that the Animal Control Officer, upon reasonable and probable grounds, believes to be a Dangerous Dog;

"Dog" means any An imal of the canine species;

"Highway" includes every highway, bridge, driveway, street, lane, square, road, avenue, pa rkway, thoroughfare, parking area, or other place within the Reserve designed or intended for the use of the membership of the Peerless Trout First Nation and/or the general public for the passage of vehicles or the park ing of vehicles, includ ing without restricting the generality of the foregoing, every area designated as a highway, bridge, driveway, street, lane, road, avenue, parking area or thoroughfa re, on any Federa l or Provincia l or Municipal Plan;

"Kennel" means an establishment for the breeding or boarding of dogs or cats;

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"Livestock" means domestic animals including but not limited to cattle, horses, sheep, goats, chickens, pigs.

"Owner" means any person, firm, corporat ion, organization, or department possessing, harboring, keeping, having an interest in, or havi ng control or custody of an Animal;

"Owner's Property" means the property immediately surrounding the dwelling place of an Owner that is generally acknowledged to be for the Owner's private use;

"Pound" means any structure, yard or enclosure established with in the Reserve as a pound by Chief and Council under this Bylaw, or if Chief and Council fails to establish such structure, yard or enclosure, Pound means any bu ilding or enclosure established as a Pound by a third party;

"Reserve" includes all Reserve lands of the Peerless Trout First Nation;

"Run at Large" or "Running at Large" refers to any Animal found within the boundaries of the Reserve on public property or on the property other than the Owner's Property unless the Animal is accompanied by some person exercising control thereof;

"Schedule of Fees" means that Schedule of Fees attached as Schedule "A" to this Bylaw and forming a part hereof;

"Stray Animal" means an Animal with no Owner's identification upon it and whose Owner cannot be ascertained upon reasona ble inquiry;

APPOINTMENT

3.

(a)

(bl

PART Ill ANIMAL CONTROL OFFICER AND LICENSING

Chief and Counci l may from time to time appoint a person to be the Animal Control Officer and may at any time terminate any such appointment .

The Animal Control Officer wi ll have the powers and carry out the duties setout in this Bylaw.

OBSTRUCTION OF ANIMAL CONTROL OFFICER

4. No person may interfere with, obstruct or impede the Animal Control Officer exercising powers or carrying out duties under this Bylaw.

ANIMAL RESCUE PROHIBITED

5.

(a)

Without limiting the generality of section 4, no person shall rescue or attempt to rescue any Animal that the Animal Control Officer is seizing or attempting to seize or that is

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(b)

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otherwise lawfully in the custody or control of the Animal Control Officer pursuant to this Bylaw.

Without limiting the generality of subsection (a) or section 4, no Animal being kept in the Pound shall be removed therefrom by any person without prior consent of the Animal Control Officer.

REGISTRATION AND IDENTIFICATION OF ANIMALS

6.

(a)

(b)

(c)

(d )

(f)

(g)

Every person keeping one or more dogs on the reserve shal l register and have an identification tag placed around the neck of each dog.

The application for registration and identification tag shall be filed with the Animal Control Officer and it will include: a. the applicant's name; b. the applicant's address or lot number; c. a description of the dog sought to be registered, including age, sex, name and breed if known; d. the number of dogs in the household; e. a record that the dog is immunized against rabies, noting the date of such immunization, the name of the person immunizing the dog, including the manufacturer's name of the vaccine and its batch number; and f . any other information deemed by the Animal Control Officer to be necessary for the proper administration of the by-law.

The charge for registration and an identification tags shall be $20.00 dollars which shall be valid for the life of the dog.

The Animal Control Officer shall issue the license tag upon registration and payment of the registration fee and, if necessary, proof that the dog has been immunized against rabies .

The license tag shall be securely attached to the collar or harness of the dog at all times.

All horses on PTFN Reserve shall be registered in accordance with the regulations specified by the Animal Control Officer and posted at the PTFN Administrative Office for public viewing.

IMMUNIZATION OF ANIMALS

7.

(a)

(b)

All animals on the reserve must be immunized in accordance with generally accepted veterinary standards.

The owner of any animal exposed to rabies shall, on demand by the Animal Control Officer, surrender such animal to the An imal Control Officer to be held by the Animal

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(c)

(d )

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Control Officer in quarantine for a period of 14 days and such animal shall not be released from such quarantine without the wr itten permission of the medical officer of health .

Upon demand of Animal Contro l Officer, the owner of any animal shall forthwith surrender to the Animal Control Officer any animal which has bitten any person or which has been exposed to rabies to be held in qua rantine at the discretion of the medical health officer .

Any animal found to be infected with rabies shall be destroyed by its owner or by the Animal Control Officer at the owner 's expense.

PART IV POUND

ESTABLISHMENT OF POUND

8.

(a)

(b)

Chief and Council may establish a Pound to keep Animals impounded under this Bylaw, to be located at such place with in the Reserve, and to be constructed to such standard as may be approved, from time to time by Ch ief and Council.

In lieu of establishing a Pound under subsection (a), Chief and Council may make contractual arrangements with a third party for the use of the third party' s Pound for the purposes of t his Bylaw.

POUND RECORDS

9.

(a)

(b )

The An imal Cont rol Officer must keep a record book in which shall be entered with reference t o each Animal impounded, t he date and location of impounding, a description of the Anim al, the name of any person from whom the An imal is received and the date upon and the manner in which such An imal is disposed of.

The record book refe rred to in sub-sect ion (a) shall be open to inspection by Chief and Council, and by any other person authorized by Chief and Council , at any time during regular business hours of the Pound.

PARTV KEEPING AND CONTROL OF ANIMALS

GENERAL CARE AND CONTROL

10. Every Owner of an Animal shall treat the Anima l in a humane manner, including but not limited to the prov ision of:

(a )

Shelter for the Animal that is waterproof and that protects it from exposure to t he elements, as appropriate;

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(b)

(c)

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Shelter for the Animal that is adequate for its size and breed; and

Adequate food and water for the An imal.

LIVESTOCK

11. Animals, which includes horses, when outs ide of any buildings or structures used to shelter or house them, must be kept enclosed within secure fences, corrals or pens sufficient to retain them .

HOUSEHOLD PETS

12. Household pets may be kept in a reasonable number provided they are kept primarily within the household to which they are associated and their keeping does not create a nuisance to persons on adjacent parcels.

KENNELS

13. No person shall establish a Kennel on the Reserve without pr ior written permission of Chief and Council.

RUNNING AT LARGE

14. No person own ing or having co ntrol or custody of any Animal shall allow that Animal to Run at Large or to stray, depasture or trespass on any Highway or any other la nds other than t he Owner's Property.

DISTURBANCES

J 5. No person shall own, keep or harbor any An ima l within the boundaries of the Reserve which by loud, continued or frequent howling, barking, or other noise making sha ll unreasonably annoy, disturb or endanger the health, welfare, or repose of any person or neighbor.

DANGEROUS DOGS

16.

(a)

No person shall keep, own or possess w ithin the boundaries of the Reserve any Dangerous Dog unless :

(i)

(ii)

the Dog is muzzled and restra ined by a substant ial chain or leash and under the physica l restraint of a respons ible person; or

the Dog is securely confined indoors or in an enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the Animal from escaping.

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(b)

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An Owner of a Dangerous Dog shall display a clearly visible warning sign that there is a Dangerous Dog on t he property. Such sign shall include a warning symbol that warns children of the presence of a Dangerous Dog.

PART VI IMPOUNDING OF ANIMALS

AUTHORITY TO SEIZE AND IMPOUND

17 Any An imal found Running at Large or trespassing in or upon any parcel of land, premises or publ ic place including any Highway in violation of this By law shall be subject to seizure and impoundment by the Animal Co ntro l Officer.

Notwithstanding the foregoing, if a Dangerous Dog is found Running at Large and cannot be safely seized, such Dog may be destroyed by the An imal Control Officer.

NOTIFICATION OF IMPOUNDMENT

18. Any An im al seized by the An ima l Control Officer that is branded shall be reported to the nearest Brand Office of Livestock Identificat ion Services or the RCMP for further advice and direction.

19. The Animal Control Officer sha!! (unless the Owner of the Animal can, by virtue of the circumstances resu lting in impoundment of the An imal, reasonably be assumed to be aware that the Animal has been impounded) forthwith make reasonab le efforts to notify the Owner, or if the Animal has no Owne r any person known by the Animal Contro l Officer to have been t he possessor of the Animal, of such impoundment.

STRAY ANIMALS

20.

Stray Animals may be destroyed by the Anima l Control Officer.

DANGEROUS DOGS

21. Notwithstanding anything to the contrary elsewhere contained in this Bylaw, where a Dangerous Dog has caused injury to a perso n or Animal, upon seizure and impoundment the Dog may be immediately destroyed by the Animal Control Officer.

RECLAIMING AN IMPOUNDED ANIMAL

22. The Owner of any Animal seized and impounded pursuant to section 17 may reclaim such Animal upon ap plication to the Animal Contro l Officer at any time prior to the An imal being sold or destroyed pursuant to this Bylaw, on providing payment of the applicable fees as prescribed in the Schedule of Fees. Notwithstanding the foregoing in the event of any cow, horse or other livestock being seized and impounded for the th ird offence, the animal may be so ld, adopted or humanely destroyed, as the An imal Control Offi cer shall in its sole discretion deem appropriate.

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UNCLAIMED, SICK OR INJURED ANIMALS

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23. If any Animal impounded pursuant to section 17 is not claimed by its Owner or by a person claiming to have the right to lawful possession of the Animal within a period of 5 days from the date the Animal is impounded, exclusive of the day on which the Animal was impounded, the Animal Control Officer may forthwith cause such Animal to be sold, adopted or humanely destroyed, as the Animal Control Officer shall at his/her sole discretion deem appropriate. Any revenue from the adoption or sale of any Animal shall be applied aga inst any impoundment fees and costs, and any remain ing amount shal l be paid to the Owner or in the event the identity of the Owner is unknown then it shall be retained by the Peerless Trout First Nation.

24. Notwithstanding anything to t he contrary elsewhere contained in this Bylaw, if an Animal is impounded pursuant to section 17 and the Animal Control Officer notifies t he Owner, or any person known by the Animal Control Officer to have been the possessor of such Animal, that the Animal has been impounded, and such Owner or person indicates to the Animal Control Officer that he does not intend to re-claim such An imal from the Pound, the Animal Control Officer may thereupon forthwith cause such Animal to be sold, adopted or humanely destroyed, as the Animal Control Officer sha ll at his/her sole discretion deem appropriat e.

25. Notwithstanding anyth ing to the contrary elsewhere contained in this Bylaw, when an Animal has been seized pursuant to section 17 and it is found that such Animal is suffering from an injury, disease or sickness that in the reasonable opinion of the Animal Control Officer is so severe that it is unlikely that the Animal will survive such injury, disease or sickness, or that it would be an act of humanity to destroy the Anima l, the Anim al Control Officer shall cause such Animal to be immediately destroyed.

RIGHT OF ENTRY

26.

(a)

(b)

PART VII RIGHTS, DUTIES AND LIABILITIES

The Animal Control Officer is authorized to enter, at all reasonable times, upon any parcel of land or premises within the Reserve in order to determine the health and well­ being of any Animal within the premises and to ascertain whet her the provisions of this Bylaw are being obeyed.

Where the Animal Control Officer is satisfied that an Animal is not receiving proper care, treatment or shelter or is being kept on any premises contrary to the provisions of this Bylaw, the Animal Control Officer is authorized to enter upon any parcel of land or premises within the Reserve in order to control, impound any such Animal or destroy any dangerous, wounded or sick animal.

RIGHT TO DESTROY

27. Any person shall have the right to destroy immediately any Dog engaged in the process of injuring or harassing livestock or other domestic or game animals or threatening or inflicting harm to any person, or inflicting serious harm to persons.

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DUTY OF OWNER OF DOG FOUND HARASSING LIVESTOCK

28 . It shall be the duty of the Owner of any Dog found chasing, biting, or injuring any livestock or other domestic animal or game animal, upon being notified of that fact by the Owner of such livestock or domest ic animal or by an Animal Control Officer, to keep such Dog on leash or confined upon the Owner's Property. If such Owner shall fail or neglect to comply with the provisions of this section, it shall be lawful for the Owner of such domest ic animals or an Animal Contro l Officer to kill such Dog not so confined.

DUTY OF OWNER TO KILL MARAUDING DOG

29. It shall be the duty of the Owner of any Dog which shall be found killing any livestock or other domestic animal or game animal to kill such Dog within forty-eight hours afte r being notified of that fact by the Owner of such livestock or domestic animal or by an Animal Control Officer. If such Owner shall fail o r neglect to comp ly with the provision of this sect ion, it sha ll be lawful for an Animal Cont rol Officer to ki ll such Dog if found Runn ing at Large.

LIABILITY OF OWNERS

30 Every Owner of an Animal shall be liable in damages for any property damage or injury comm itted by such Anima l and it shal l not be necessary in any action brought therefor to allege or prove that such Anima l was of a dangerous or mischievous disposition or that the Owner thereof knew that it was dangerous or mischievous. However, proof of provocation of an attack by any injured person shall be a complete defense to any act ion for damages.

ABANDONMENT

31. It shall be unlawful for any person to abandon any Animal within the boundaries of the Reserve or for any Owner of an Ani ma l to neglect to furnish adequate food or care for said Animal.

PART VIII FEES AND FORMS

32. Chief and Council may, by resolution passed at a duly convened meeting, establish, correct, revise or update the terms of any fee schedu le, forms, protocols or other related documentation which complement and support this Bylaw, and will post notice of same in public areas and make a copy of same ava ilable for viewing free of cha rge at the administrative offices of the Peerless Trout First Nation.

PART IX OFFENCES AND WARNINGS

33. No person sha ll obstruct, interfere with or hinder Ch ief and Council, the Animal Control Officer or any authorized employee, officer or agent in the carrying out of their duties and responsibili ti es under this Bylaw.

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34 . Any person who violates any of the provisions of this Bylaw or who suffers or permits any act or th ing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing any act or th ing required by any of the provisions of this Bylaw, is guilty of an offen ce and is liable to a penalty on a summary conviction not exceeding one thousand dollars or impr isonment for a term not exceeding 30 days, or both, for violation of this bylaw.

35. Despite any other provision of this Bylaw, if the Animal Control Officer has reasonable grounds to believe that a person is not complying with a provision of this Bylaw, the Animal Control Officer may give that person a verbal or wri tten warning.

PARTX IMMUNITY

36 . No action for damages li es or may be insti tuted against present or past Chief and Council, Animal Control Officer, or members, employees, se rvants or agents of either for :

(a)

(b)

anything said or done or omitted to be said or done by that person in the actua l or required perfo rmance of the person's duty or the exercise of their authority; or