Partie II - Lois des Premières nations promulguées

Informations sur la décision

Contenu de la décision

Enacted MAY 15,2025 PREAMBLE

A.

. .

!M.atflias CcJ(om6 Cree ation

Mathias Colomb Cree Nation DOG CONTROL LAW 2025

Mathias Colomb Cree Nation wishes. to exercise, through this law, its inherent rights of self-governance as well as its by-law powers under s. 81 of the Indian Act, RSC 1985, c 1-5;

and

B.

The Council of Mathias Colomb Cree Nation wishes to pass this law, and repeal its predecessors, in the best interests of Mathias Colomb Cree Nation;

NOW THEREFORE the Council of Mathias Colomb Cree Nation enacts as follows: Citation

1. This law may be cited as the Mathias Colomb Cree Nation Dog Control Law, 2025. Definitions

2.

In this law,

a.

b.

c.

d.

e.

.

r

\

j

"Council" means the duly elected Council of the Mathias Colomb Cree Nation, and includes the Chief and Councillors.

"Dog Control Law'' means this law, the Mathias Colomb Cree Nation Dog Control Law, 2025.

"Dog Tag" means an identification tag for a dog under the control and care of a person.

"Dog Tag Fee" means the fee to receive an issued Dog Tag under Schedule "A".

"Loose Dog" means a dog that is not safely contained as defined in Section 6.

Mathias Colomb Cree Nation Dog Control Law, 2025

f.

g.

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"Mathias Colomb Reserves" means the Pukawatagan Indian Reserve and all other reserves set aside for the benefit of Mathias Colomb Cree Nation, and "Mathias Colomb Reserve" means any of them.

"Officer" means a police officer, peace officer, First Nation Safety Officer authorized by Mathias Colomb Cree Nation, or other enforcement officer appointed by Mathias Colomb Cree Nation.

Dog Tags

3.

4.

5.

Every person who keeps a dog on a Mathias Colomb Reserve will obtain a Dog Tag for the dog from Mathias Colomb Cree Nation, and will ensure that the Dog Tag is affixed to the dog's collar at all times.

To obtain a Dog Tag from the Mathias Colomb Cree Nation, a person must: a. provide Mathias Colomb Cree Nation with their name, address, phone number, and email if available;

b.

c.

provide Mathias Colomb Cree Nation with a picture of the dog and a description of the dog; and

pay Mathias Colomb Cree Nation the Dog Tag Fee specified in Schedule "A".

Mathias Colomb Cree Nation will keep a register of Dog Tags issued, specifying the number or code of the Dog Tag and the information recorded under Section 4. Access to personal information in the register will be restricted to authorized personnel for privacy purposes.

Dogs to be Safely Contained and Properly Maintained

6.

7.

Every person keeping a dog on a Mathias Colomb Reserve will ensure that the dog is safely contained. A dog is safely contained if it is:

a. b.

indoors; chained on the person's property in a manner that will keep the dog on the person's property;

c. kept to a confined area by an appropriate fence or cage; or d. on a leash. Every person keeping a dog on a Mathias Colomb Reserve will ensure that the dog is properly maintained. A dog is properly maintained if:

a.

the dog is properly fed;

Mathias Colomb Cree Nation Dog Control Law, 2025

b.

c.

d.

e.

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the dog is not carrying contagious diseases or sores while being kept in a manner in which such diseases or sores could be transmitted;

the dog is kept in humane and sanitary conditions, and is not subject to overcrowding;

the dog is not mistreated or abused; and

all applicable provincial laws of Manitoba and Federal Laws of Canada regarding the treatment of animals are complied with .

Dog Teams

8.

Every person keeping a dog team will keep their dog team in a proper compound that is at a sufficient distance from homes in the community so as to avoid noise disruption and ensure safety.

Harm or Injuries

9.

10.

Every person keeping a dog will be fully responsible for any harm or physical injury caused by the dog to any other person or personal property, and may be subject to penalties set out in this Dog Control Law, in addition to any other civil or criminal liability that may apply.

If an Officer determines that a dog kept on a Mathias Colomb Reserve has caused harm, physical injury, or personal property damage on a Mathias Colomb Reserve, the Officer may issue a ticket to the person keeping that dog in the amount set out in Schedule "B", and will notify the Justice Committee.

a.

b. c.

d.

A person who receives a ticket will pay the fee to Mathias Colomb Cree Nation within 30 days.

The Mathias Colomb Cree Nation will issue a receipt upon payment. The Justice Committee will meet with the person keeping the dog and the person(s) harmed or injured by the dog, including the person(s) personal property, and may determine an amount that will be paid by the person keeping the dog to the person(s) harmed or injured and/or may determine other forms of restitution . The person keeping the dog will make any payment and carry out any other restitution determined by the Justice Committee.

The person keeping the dog will ensure that the dog is kept and trained in a way that will likely avoid future harm, injury or personal property damage to any person. If is not possible to train the dog in a way that will likely avoid future harm, the person will dispose of the dog in a safe and humane manner, by either:

Mathias Colomb Cree Nation Dog Control Law, 2025

11.

i.

ii.

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giving or selling the dog to another person or entity outside Mathias Colomb Reserves; or

safely and humanely ending the dog's life and disposing of its remains.

Mathias Colomb Cree Nation will have no responsibility for any harm, physical injury or personal property damage caused by a dog present on a Mathias Colomb Reserve, unless the dog is intentionally kept by and on behalf of the Mathias Colomb Cree Nation.

Control of Loose Dogs

I

12.

13.

14.

15.

16.

An Officer may safely contain any Loose Dog on a Mathias Colomb Reserve.

An Officer who safely contains a Loose Dog will: a. check if the Loose Dog is wearing a Dog Tag; b. if the Loose Dog has a Dog Tag issued under Section 4, the Officer will consult the register referred to in Section 5 and notify the Loose Dog's owner of the need to claim and safely contain the Loose Dog without delay, and advise the Loose Dog's owner of the terms of Sections 14-16 of this Dog Control Law; and

c.

if the Loose Dog does not have a Dog Tag issued under section 4, the Officer will notify the Justice Committee, who will post a public notice regarding the Loose Dog at the main office of Mathias Colomb Cree Nation.

A person who wishes to claim a Loose Dog that has been safely contained under Section 12, swill be issued a ticket in an amount set out in Schedule "B", and will pay the ticket to Mathias Colomb Cree Nation before the Loose Dog is released . Council will issue a receipt upon payment. For greater certainty, this ticket is in addition to any ticket that may be issued to the person for violation of Section 6.

A Loose Dog that is safely contained by an Officer under section 12 will be kept and properly maintained by Mathias Colomb Cree Nation for at least 7 days after providing the required notice under subsection 13(b) or 13(c), unless the Loose Dog is claimed by its owner before that time.

If a Loose Dog is safely contained under Section 12 and has not been claimed within 7 days after notice was provided under Subsection 13(b) or 13(c), Council may, in its sole discretion dispose of the dog in any safe and humane manner it chooses, which includes without limitation:

a. b.

c.

gifting or selling of the Loose Dog to any person or entity; safely and humanely ending the Loose Dog's life and disposing of its remains; or

continuing to safely contain and properly maintain the Loose Dog.

Mathias Colomb Cree Nation Dog Control Law, 2025

Other Tickets

17.

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If a person is found to be in violation of this Dog Control Law, an Officer may issue a ticket to the person specifying a fee in the amount set out in Schedule "B".

a.

b.

c.

d.

A person who receives a ticket will pay the fee to the Mathias Colomb Cree Nation within 30 days.

The Mathias Colomb Cree Nation will issue a receipt upon payment.

A person who receives a ticket will ensure that the violation ceases as follows: i. in the case of a failure to obtain a Dog Tag as required under Section 3, a Dog Tag must be obtained and affixed to the dog within 10 business days;

ii.

iii.

in the case of a failure to safely contain a dog under Section 6, or failure to properly maintain a dog under Section 7, compliance must occur within 48 hours;

in the case of a failure to keep a Dog Team in a proper compound under Section 8, compliance must occur within 30 days.

After the expiry of the time identified in subsection (c), if the violation has not ceased, it will be considered to be an additional violation and an Officer may issue an additional ticket.

Offences

18.

19.

Violating this Dog Control Law is an offence that may result in a fine of up to $1,000.00, imprisonment of up to 30 days, or both. However, if a person receives a ticket in accordance with this Dog Control Law and pays the fee within 30 days, the person will not be charged with an offence.

It is prohibited to keep a dog on a Mathias Colomb Reserve that has caused harm, injury or personal property damage to another person. To do so is an offence punishable upon summary conviction by a fine of up to $1,000.00, imprisonment of up to 30 days, or both. A person who has complied with all requirements under Section 10, including Subsections (a), (c), and (d), will not be charged with an offence.

Inspections 20. If an Officer has reasonable grounds to suspect a violation of this Dog Control Law, he or she may inspect any premises on the Mathias Colomb Reserves without a warrant, other than the interior of a home, and may inspect the interior of a home if a warrant has been obtained.

Schedules

Mathias Colomb Cree Nation Dog Control Law, 2025

21.

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The Schedules, being the Dog Tag Fees, attached as Schedule "A," and the Ticket Fees, attached as Schedule "B" form part of this Dog Control Law and may be amended by resolution of the Council.

Repeal

22.

All prior laws and resolutions of Mathias Colomb Cree Nation about dog control, including by-laws, are hereby repealed and replaced with Dog Control Law, including without limitation:

a.

b. c.

the Dog Control By-law or Band Council Resolution regarding dog control passed on July 30, 1984;

Dog By-Law no. 4 passed or amended on February 29, 1988; and the Band Council Resolution and/or addition, addendum or amendment of Dog By­ law no. 4 passed on November 19, 1993.

Coming into Force 23. This Dog Control Law comes into force after it is enacted by the Council of Mathias Colomb Cree Nation, on the date it is first published on the Mathias Colomb Cree Nation website, in the First Nations Gazette, or in a newspaper that has general circulation on the Mathias Colomb Reserves, whichever the Council considers appropriate in the circumstances.

Mathias Colomb Cree Nation Dog Control Law, 2025

Fee for 1 Dog Tag:

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SCHEDULE A

DOG TAG FEES

Fee for 5 Dog Tags purchased together:

$10.00

$20.00

Mathias Colomb Cree Nation Dog Control Law, 2025

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SCHEDULE B

TICKET FEES

Fee for violation of Section 3 (failure to obtain a Dog Tag):

Fee for violation of Section 6 (failure to keep a dog safely contained):

Fee for violation of Section 7 (failure to keep a dog properly maintained):

Fee for violation of Section 8 (failure to keep a dog team properly):

Fee under Section 10 (harm, physical injury or personal property damage):

$50.00

$75.00

$75.00

$75.00

$200.00

(Note that amounts determined by the Justice Committee to be paid to the victim(s) are in addition to this ticket fee.)

Fee under Section 14 (release of a Loose Dog contained by an Officer_:

$100.00

Mathias Colomb Cree Nation Dog Control Law, 2025

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THIS DOG CONTROL LAW IS HEREBY ENACTED by Council at a duly convened meeting held on the 15th day of May, 2025.

A quorum of Council consists of 5 members of Council.

£(LL~ Councillor Wanda Bighetty

~ Councillor Moses Castel Sr.

Councillor Steven C. Castel

.AkCic-Councillor Arlene T. Caribou A~ Councillor Selena Castel ~LL~ Councillor Connie Constant

R).,o �� Councillor Brenda Dumas

Councillor Alma Hart

Mathias Colomb Cree Nation Dog Control Law, 2025

 Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.