Full Statute Name:  P.E.I. Statutes. Dog Act

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Primary Citation:  R.S.P.E.I. 1988, c. D-13 s.1 - 21 Country of Origin:  Canada Last Checked:  April, 2015 Date Adopted:  1988
Summary:

This set of laws comprises the Prince Edward Island (PEI) Dog Act. The Act provides that no owner of a dog shall allow his dog to run at large; any dog found at large shall be deemed to have been allowed to be at large by its owner. In addition, the owner of livestock or any enforcement officer authorized by the owner of livestock, may kill a dog that is killing or injuring the owner's livestock, except where the livestock is on property held under lease, license or permit by the owner of the dog. This Act also outlines licensing requirements for dogs as well as impoundment procedures.

Statute Text: 
PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office
consolidation of this Act, current to February 8, 2013. It is intended for
information and reference purposes only.

This document is not the official version of the Act. The Act and the
amendments as printed under the authority of the Queen’s Printer for the
province should be consulted to determine the authoritative statement of the
law.

For more information concerning the history of this Act, please see the
Table of Public Acts.

If you find any errors or omissions in this consolidation, please contact:

                         Legislative Counsel Office
                            Tel: (902) 368-4291
                        Email: legislation@gov.pe.ca
 
                         CHAPTER D-13

                               DOG ACT


1. In this Act                                                               Definitions

    (a) “at large” means not under control;                                  at large

    (b) “dog” means any male or female dog and includes the young            dog
    thereof;
                                                                             domestic animal
    (b.1) “domestic animal” means
       (i) any livestock, or
       (ii) any companion animal, as defined in the Companion Animal
       Protection Act R.S.P.E.I. 1988, Cap. C-14.1;
    (c) “enforcement officer” means                                          enforcement officer
       (i) a conservation officer appointed under the Wildlife
       Conservation Act R.S.P.E.I. 1988, Cap W-4.1, and
       (ii) a person designated as an enforcement officer by the
       regulations;
    (d) “injuring” includes wounding, worrying, terrifying or pursuing;      injuring

    (e) “justice” means a judge of the Supreme Court of Prince Edward        justice
    Island, and a provincial court judge;
    (f) repealed by 2005,c.30.s.1;                                           kennel

    (g) “livestock” means cattle, goats, horses, mink, foxes, sheep, swine   livestock
    or poultry and includes a game animal designated under the Wildlife
    Conservation Act R.S.P.E.I. 1998, Cap. W-4.1 that is held on a game
    farm;
    (h) “Minister” means the Minister of the Crown designated by the         Minister
    Lieutenant Governor in Council to have the administration of this
    Act;
    (i) “municipality” means the City of Charlottetown, the City of          municipality
    Summerside, the Town of Cornwall, the Town of Stratford, or any
    municipality to which the Municipalities Act R.S.P.E.I. 1988, Cap.
    M-13 applies;
    (j) “owner of a dog” includes any person who possesses or harbours       owner of a dog
    a dog and, where the owner is a person under the age of eighteen
    years, the adult person responsible for the person’s custody;
    (j.1) “Provincial Court” means the Provincial Court as established in    Provincial Court
    the Provincial Court Act R.S.P.E.I. 1988, Cap. P-25;


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2                     Cap. D-13                         Dog Act



                          (k) “Society” means the Prince Edward Island Humane Society
Society
                          (S.P.C.A.). R.S.P.E.I. 1974, Cap. D-14, s.1; 1975, c.27, s.5; 1975,
                          c.78, s.3; 1983, c.33, s.66.; 1994, c.39, s.75 {eff.} March 31/95;
                          1997(3rd),[1998], c.107,s.34 {eff.} Sept. 15/98; 2005,c.30,s.1;
                          2012(2nd),c.5,s.1; 2013,c.9,s.1.

                                                     PART 1
                                                   DOG LICENSE
                      2. (1) Every owner of a dog shall on or before June 1 in each year pay an
Annual license fee
                      annual license fee for each dog owned by him; the license fee shall be in
                      such amount and for such types or classes of dogs as may be prescribed
                      by regulation.
                        (2) The license fee shall be paid to the Minister or such other person as
Payable to
                      he may designate in writing.
                        (3) Upon receipt of payment of the license fee the Minister or his
Issue of license
                      designate shall issue a license for the dog.
                        (4) The dog license is
Dog license defined
                          (a) a written certificate describing the dog, identifying the owner and
                          assigning to the dog a unique number that identifies the dog and its
                          owner; and
                          (b) a metal tag not less than two inches square that can be suspended
                          from a collar around the dog's neck and that bears the unique
                          number referred to in clause (a).
                         (5) The dog license shall be in full force and effect from the date of
Period license
effective             issue up to and including June 1 of the year next ensuing.
                        (6) Where a person purchases, acquires or comes into possession of a
Acquisition of dog
in mid-year           dog between June 1 in one year and June 1 of the next year, he shall
                      forthwith pay the license fee and upon receipt of payment of the license
                      fee the Minister or his designate shall issue a license described in
                      subsection (4) that shall, notwithstanding subsection (5), be in full force
                      and effect until June 1 next ensuing.
                        (7) Every owner shall upon receipt of a license suspend the metal tag
Use of metal tag,
retention of          referred to in clause (4)(b) from a collar that is fastened around the dog's
certificate
                      neck, and shall
                           (a) retain the written certificate in his possession during the period
                           of its effectiveness; and
                           (b) ensure that the metal tag remains suspended from a collar
                           fastened around the dog's neck during the period of its effectiveness.




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                                  Dog Act                          Cap. D-13                      3



   (8) The Minister or his designate may in any year after the issue of a
                                                                               Renewal of an
license described in subsection (4) renew the existing license by              existing license
endorsement to the certificate referred to in clause (4)(a), and where a
renewal is made the certificate and the metal tag remain in full force and
effect for the period stated on the endorsement but in no case shall the
endorsement state a period that would extend beyond June 1 of the year
next ensuing. R.S.P.E.I. 1974, Cap. D-14, s.2.
3. Repealed by 2005,c.30,s.2. R.S.P.E.I. 1974, Cap. D-14, s.3;                 Kennel fees
2005,c.30,s.2.
4. An enforcement officer may by notice in writing require any person to       Requirement for
                                                                               information
deliver to him a statement in writing of
     (a) the number of dogs owned by that person, and where that person
     receives the notice in writing he shall comply with the requirement
     forthwith; or
     (b) the particulars of the license of each dog. R.S.P.E.I. 1974, Cap.
     D-14, s.4.
5. Where the license fee is not paid in respect of any dog, the owner may      Order for
                                                                               destruction of dog,
be summoned before a justice and where the justice is satisfied that the       license fee not paid
license fee has not been paid and will not be paid forthwith, he may order
that the dog be destroyed by an enforcement officer on a specified date
unless the license fee and such costs as he may allow are paid prior to
that date. R.S.P.E.I. 1974, Cap. D-14, s.5.
6. An enforcement officer if authorized by a warrant issued by a justice       Power to search
who is satisfied by information upon oath that there are reasonable and
probable grounds for believing that a dog is unlicensed or that there are
unlicensed dogs on a premises, may enter and search any premises to
determine whether there is an unlicensed dog on the premises and for the
purpose of destroying an unlicensed dog an enforcement officer may
without warrant enter any premises, seize and destroy the unlicensed dog
pursuant to an order of a justice issued under section 5. R.S.P.E.I. 1974,
Cap. D-14, s.6; 1987, c.6, s.4.
7. (1) Funds collected pursuant to this Act shall be paid to the Minister of   Funds payable to
Finance, Energy and Municipal Affairs.
  (2) The Minister may reimburse or remunerate any person who assists          Enforcement
                                                                               officer,
him in the administration or enforcement of this Act; the reimbursement        remuneration
or remuneration shall be in such amount and for such purposes as may be
prescribed by regulation. R.S.P.E.I. 1974, Cap. D-14, s.7; 1983, c.1, s.6;
1986, c.5, s.2; 1993, c.29, s.4; 2010,c.31,s.3; 2012,c.17,s.2.
8. The Lieutenant Governor in Council may make regulations respecting          Regulations
    (a) the licensing of dogs;


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4                     Cap. D-13                          Dog Act



                          (b) the amount or amounts of license fees to be paid under this Act;
                          (c) the classification of dogs for the purpose of establishing license
                          fees;
                          (d) the reimbursement or remuneration of persons who assist the
                          Minister or his designate in administering or enforcing this Act;
                          (e) the designation of the Society and certain of its members and
                          employees to assist the Minister in administering or enforcing this
                          Act;
                          (f) the powers and duties of the Society where it is designated under
                          clause (e);
                          (g) generally for the better administration and enforcement of this
                          Part. R.S.P.E.I. 1974, Cap. D-14, s.8.

                                                  PART II
                                           DOGS RUNNING AT LARGE
                      9. No owner of a dog shall allow his dog to run at large; any dog found
Dogs running at
large prohibited      at large shall be deemed to have been allowed to be at large by its owner.
                      R.S.P.E.I. 1974, Cap. D-14, s.9.
                      10. (1) The owner of livestock or any enforcement officer authorized by
Killing dog
permitted             the owner of livestock, may kill a dog that is killing or injuring the
                      owner's livestock, except where the livestock is on property held under
                      lease, license or permit by the owner of the dog.
                        (2) Repealed by 2005,c.30,s.3.
Pursuing dog onto
another's premises
                        (3) Where a person kills a dog pursuant to this section he is not liable
Liability of person
who kills dog         to the owner of the dog for general or special damages respecting the dog
                      or the killing of the dog. R.S.P.E.I. 1974, Cap. D-14, s.10; 1975, c.44,
                      s.1; 2005,c.30,s.3.
                      11. (1) Where livestock is killed or injured by a dog, the owner of the
Liability of dog
owner for injury      dog is liable to the owner of the livestock for general and special
caused by dog
                      damages; where the owner of the dog and the owner of the livestock are
                      unable to agree as to the amount of the damages or to effect recovery of
                      damages, the owner of the livestock may make application to a justice to
                      settle the amount of the damages or to make an order respecting the
                      recovery of damages.
                         (2) It is not necessary for the owner of livestock in an action to recover
Certain facts not
necessary to prove    damages to prove that the dog was vicious or accustomed to worry
                      livestock. R.S.P.E.I. 1974, Cap. D-14, s.11.
                      12. Repealed by 2005,c.30,s.4. R.S.P.E.I. 1974, Cap. D-14, s.12;
Notification of
owner re injury to    2005,c.30,s.4.
livestock




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                                   Dog Act                           Cap. D-13                         5



13. Any licensed or unlicensed dog that is at large may be caught and
                                                                                 Impounding dog,
impounded by a police officer, a security police officer or by an                power to
enforcement officer. R.S.P.E.I. 1974, Cap. D-14, s.13; 2006,c.16,s.63(2).
14. (1) Where a licensed dog is caught and impounded pursuant to                 Notice of
                                                                                 impounding
section 13, the captor shall give notice by registered mail to the owner of
the dog identified on the license that the dog has been caught and
impounded and specifying therein the name of the captor and the place
of impounding.
  (2) The owner of the dog may within ten days of the date of the notice         Repossession of
                                                                                 dog
take possession of his dog after paying to the person impounding the dog
such fees as may be prescribed by regulation respecting the catching and
maintenance of the dog, but if the owner of the dog fails to take
possession of his dog within the ten days the dog shall be destroyed by
the person impounding the dog.
  (3) Where a dog is destroyed pursuant to subsection (2) the owner of           Liability for fees
                                                                                 where dog killed
the dog is liable for the fees referred to in subsection (2) and for the costs
of any action that may be necessary to recover the fees.
  (4) In an action for the recovery of fees under subsection (3) evidence        Evidence that dog
                                                                                 was destroyed
of the notice by registered mail and the metal tag of the dog shall be
deemed to be sufficient evidence that the dog was destroyed. R.S.P.E.I.
1974, Cap. D-14, s.14.
15. (1) Where an unlicensed dog is caught pursuant to section 13, the            Unlicensed dog
                                                                                 destroyed, owner
dog, if the owner of the dog does not take possession of it after paying         not found
the fees referred to in subsection 14(2), shall be destroyed at any time
after five days from the day of its being caught and impounded.
  (2) Where the owner of the dog referred to in subsection (1) is                Owner identified,
                                                                                 liability for costs
identified, he is liable for the payment of the fees referred to in
subsection 14(2), and for the costs of any action that may be necessary to
recover the fees. R.S.P.E.I. 1974, Cap. D-14, s.15.

                              PART III
                          DANGEROUS DOGS
  16. (1) A peace officer or an enforcement officer may commence a               Proceeding
                                                                                 commenced in
proceeding in the Provincial Court against an owner of a dog if the peace        Provincial Court
officer or enforcement officer, as the case may be, believes, on
reasonable grounds, that
     (a) the dog has bitten or attacked a person or a domestic animal; or
     (b) the dog has behaved in a manner that poses a menace to the
     safety of persons or domestic animals.



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6                  Cap. D-13                         Dog Act



                     (2) A peace officer or an enforcement officer who wishes to
Orders under
                   commence a proceeding referred to in subsection (1) shall
statutes
                       (a) complete a statement in the prescribed form under oath attesting,
                       on reasonable grounds, to the existence of facts that would justify
                       the order sought;
                       (b) serve a copy of the statement on the owner or owners of the
                       dogs; and
                       (c) file a copy of the statement with the Provincial Court.
                     (3) When a proceeding has been commenced under subsection (1), the
Interim order
                   Provincial Court may, pending a determination of whether an order
                   should be made under subsection (4), make an interim order requiring
                   the owner to take measures specified in the interim order for the more
                   effective control of the dog.
                     (4) If, in a proceeding under subsection (1), the Provincial Court finds
Order
                   that the dog has bitten or attacked a person or a domestic animal or that
                   the dog’s behaviour is such that the dog is a menace to the safety of
                   persons or domestic animals, and the Provincial Court is satisfied that an
                   order is necessary for the protection of the public, the Provincial Court
                   may order
                        (a) that the dog be destroyed in the manner specified in the order;
                        (b) that the dog be neutered or spayed, as the case may be; or
                        (c) that the owner of the dog take the measures specified in the order
                        for the more effective control of the dog or for purposes of public
                        safety.
                     (5) Measures that may be ordered under subsection (3) or clause (4)(c)
Measures
                   include
                        (a) confining the dog to its owner’s property;
                        (b) restraining the dog by means of a leash;
                        (c) restraining the dog by means of a muzzle; and
                        (d) posting warning signs.
                     (6) If a dog whose destruction has been ordered under clause (4)(a) is
Restraint of dog
                   not taken into custody immediately, the owner shall restrain the dog by
                   means of a leash and muzzle and such other means as the Provincial
                   Court may order until the dog is taken into custody.
                     (7) In exercising its powers to make an order under subsection (4), the
Factors
                   Provincial Court may take into consideration the following factors:
                       (a) the dog’s past and present temperament and behaviour;
                       (b) the seriousness of the injuries caused by the biting or attack;
                       (c) unusual contributing circumstances tending to justify the dog’s
                       action;
                       (d) the improbability that a similar attack will be repeated;


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                                   Dog Act                           Cap. D-13                   7



    (e) the dog’s physical potential for inflicting harm;
    (f) precautions taken by the owner to preclude similar attacks in the
    future;
    (g) any other circumstances that the court considers to be relevant.
    R.S.P.E.I. 1974, Cap. D-14, s.16; 2005,c.30,s.6; 2013,c.9,s.2.
16.1 Where, in a proceeding under subsection 16(1), the Provincial Court         Order
finds that the dog has bitten or attacked a person or a domestic animal or
the dog’s behaviour is such that the dog is a menace to the safety of
persons or domestic animals, the Provincial Court may make an order
prohibiting the dog’s owner from owning another dog during a specified
period of time. 2005,c.30,s.6.
16.2 For the purposes of sections 16.3 to 16.8, a peace officer includes         Peace officer
    (a) a police officer, a security police officer or municipal bylaw
    enforcement officer; and
    (b) an enforcement officer. 2005,c.30,s.6; 2006,c.16,s.63(2).
16.3 (1) Where a justice of the peace is satisfied by information on oath        Application
or affirmation that there are reasonable grounds to believe that
     (a) a dog is in any building, receptacle or place, including a private
     dwelling; and
     (b) it is not in the interests of public safety for the dog to be in that
     location,
the justice of the peace may issue a warrant authorizing a peace officer
named in the warrant to enter any building, receptacle or place, including
a private dwelling, to search for and seize the dog and any muzzle, collar
or other equipment for the dog.
  (2) Without limiting the generality of clause (1)(b), it is not in the         Public safety
interests of public safety for a dog to be in a location if
     (a) the dog has on one or more occasions bitten or attacked a person
     or a domestic animal; or
     (b) the dog has on one or more occasions behaved in a manner that
     poses a menace to the safety of persons or domestic animals.
  (3) A peace officer who is executing a warrant under this section may          Warrant
be accompanied by one or more veterinarians or animal control
personnel as are reasonably required to give effect to the safe and
humane seizure of the dog, whether the accompanying persons are
named in the warrant or not.
   (4) Every warrant issued under this section shall name a date on which        Idem
it expires, which date shall be not later than 30 days after the date of its
issue.




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8                    Cap. D-13                          Dog Act



                       (5) Every warrant shall be executed between 6 a.m. and 9 p.m., unless
Idem
                     the warrant otherwise authorizes. 2005,c.30,s.6.
                     16.4 (1) Where the circumstances in clauses 16.3(1)(a) and (b) exist and
Exigent
circumstances        it would be impracticable to obtain a warrant due to exigent
                     circumstances, a peace officer may, without a warrant,
                          (a) enter any building, receptacle or place, including a private
                          dwelling, to search for and seize the dog and any muzzle, collar or
                          other equipment for the dog; or
                          (b) be accompanied by one or more veterinarians or animal control
                          personnel as are reasonably required to give effect to the safe and
                          humane seizure of the dog, whether the accompanying persons are
                          named in the warrant or not.
                       (2) In this section, exigent circumstances include circumstances in
Idem
                     which the peace officer has reasonable grounds to suspect that entry into
                     any building, vehicle, receptacle or place, including a private dwelling, is
                     necessary to prevent imminent bodily harm or death to any person.
                     2005,c.30,s.6.
                     16.5 (1) A peace officer may seize a dog in a public place if the peace
Seizure of dog
                     officer believes, on reasonable grounds that,
                          (a) the dog has on one or more occasions bitten or attacked a person
                          or a domestic animal;
                          (b) the dog has on one or more occasions behaved in a manner that
                          poses a menace to the safety of persons or domestic animals;
                          (c) an owner of the dog has on one or more occasions failed to
                          exercise reasonable precautions to prevent the dog from
                             (i) biting or attacking a person or a domestic animal,
                             (ii) behaving in a manner that poses a menace to the safety of
                             persons or domestic animals; or
                          (d) there is reason to believe that the dog may cause harm to a
                          person or domestic animal.
                       (2) Subsection (1) shall not be interpreted to restrict seizure of a dog in
Idem
                     a public place if the seizure is otherwise lawful. 2005,c.30,s.6.
                     16.6 A peace officer may use as much force as is reasonably necessary to
Force as necessary
                     execute a warrant issued under section 16.3 or to exercise any authority
                     given by section 16.4 or section 16.5. 2005,c.30,s.6.
                     16.7 A peace officer who seizes a dog under section 16.3, 16.4 or 16.5
Shelter
                     shall promptly deliver the seized dog to a shelter operated by the Society.
                     2005,c.30,s.6.
Obstruction
                     16.8 No person shall obstruct, impede or assault a peace officer, or any
                     person assisting a peace officer, while the peace officer is exercising his


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                                  Dog Act                           Cap. D-13                        9



or her authority or performing a duty under this Act or the regulations,
and no person shall aid or assist any person in obstructing, impeding or
assaulting a peace officer. 2005,c.30,s.6.

                                 PART IV
                                GENERAL
17. Repealed by 2005,c.30,s.8. R.S.P.E.I. 1974, Cap. D-14, s.17                 Application of Act
                                                                                to persons
2005,c.30,s.8.
18. The times and procedures set forth in this Act shall be deemed to be        Procedures not in
                                                                                strict conformity
directory and a proceeding that is in substantial conformity with this Act
is not open to objection on the ground that it is not in strict compliance
therewith. R.S.P.E.I. 1974, Cap. D-14, s.18.
19. The Lieutenant Governor in Council may make regulations for the             Regulations
better administration and enforcement of this Act and to carry out the
intent and purpose of the Act, and without limiting the generality thereof
     (a) defining words or phrases for which no or an imperfect definition
     is given;
     (b) respecting the taking and impounding of dogs;
     (c) respecting the duties, powers and liabilities of the Minister and
     any person designated, appointed or employed by him to administer
     or enforce this Act;
     (d) prescribing fees for catching, impounding, feeding and
     maintaining dogs; and
     (e) prescribing such forms as may be necessary for carrying out the
     provisions of this Act. R.S.P.E.I. 1974, Cap. D-14, s.19;
     2005,c.30,s.9.
20. (1) Part I and Part II of this Act do not apply to any municipality.        Application

  (2) Part III and Part IV of this Act apply to municipalities and areas of     Idem
the province not within municipalities. R.S.P.E.I. 1974, Cap. D-14, s.20;
2005,c.30,s.10.
21. Every person who fails to comply with this Act or an order made             Offences and
                                                                                penalties
under subsection 16(4) or section 16.1 is guilty of an offence and liable
upon summary conviction to a fine of not less than $100 and not more
than $5,000. R.S.P.E.I. 1974, Cap. D-14, s.21; 1994, c.58, s.6;
2005,c.30,s.11.
22. A peace officer referred to in section 16, a peace officer as defined       Tickets
in section 16.2 and an enforcement officer may issue a ticket under the
Summary Proceedings Act R.S.P.E.I. 1988, Cap. S-9 in respect of a
contravention of a provision of this Act or the regulations that such
officer is authorized to enforce. 2013,c.9,s.3.


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