Full Statute Name:  Saskatchewan Statutes. The Rural Municipality Act, 1989 [Repealed]. Part V -- Powers and Duties of Councils. Animal Control [Heading amended 1995, c. 30, s. 28.]

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Popular Title:  Primary Citation:  S.S. 1989-90, c. R-26.1, s. 216 - 225 Country of Origin:  Canada Alternate Citation:  Date Adopted:  1995
Summary:

This set of Saskatchewan, Canada laws comprises the animal control laws. Under the provisions, a council may, by bylaw, regulate and control the ownership, keeping, and possession of animals as well as declare any animal or class of animals to be dangerous and establish requirements to keep it or them under proper control. The laws also set forth the procedure for declaring a dog "dangerous" in a municipality. In addition, any person who owns a dog for the purpose of dog fighting, or trains, torments, badgers, baits or otherwise uses a dog for the purpose of causing or encouraging the dog to make unprovoked attacks on persons or domestic animals is guilty of an offence against this Act.

Statute Text: 

s 216. Animals

216(1)

A council may, by bylaw, with respect to animals other than livestock or poultry:

(a) license any animal or class or classes of animal;

(b) regulate and control persons owning or harbouring any animal or class or classes of animal, or prohibit the harbouring of any animal or class or classes of animal within the municipality or any specified portion of the municipality;

(c) declare any animal or class or classes of animals to be dangerous and establish requirements to keep it or them under proper control, and requiring compliance with those requirements;

(d) prohibit the keeping, possessing or harbouring of any animal or class or classes of animals declared to be dangerous pursuant to clause (c);

(e) restrict, within the municipality or any specified portion of the municipality:

(i) the number of animals or of any class or classes of animal that may be kept by any person; and

(ii) the number of animals or of any class or classes of animal that may be kept in or about any dwelling unit or class of dwelling units, as defined in the bylaw;

(f) regulate establishments for the breeding or boarding of any animal or class or classes of animal within the municipality or any specified portion of the municipality;

(g) designate a person within a category of persons prescribed by regulations made pursuant to section 225 as a judge for the purposes of section 218;

(h) designate a municipal official for the purposes of section 224;

(i) classify animals for licensing purposes, establish a schedule of fees to be paid by persons owning or harbouring animals, and establish different fees for different classes of animals;

(j) require a person owning or harbouring an animal to disclose the number and class of animals kept on or in his or her land or buildings;

(k) regulate or prohibit the being at large of animals or any class or classes of animals in the whole or any part of the municipality, prohibit any person who owns any animal from allowing it to be at large and for that purpose require the person who owns the animal to restrain it on a leash or otherwise;

(l) provide for the seizing, impounding and destruction or other disposition of animals found at large in the municipality and determine the compensation to be allowed for carrying out the provisions of the bylaw and for services rendered with respect to, and sustenance supplied for, animals seized, impounded, destroyed or otherwise disposed of;

(m) provide for the sale, destruction or other disposition of animals impounded or seized if they are not claimed within a time specified in the bylaw or if the claimant does not comply with any conditions respecting payment of costs, expenses and removal within that time;

(n) define, restrict or enlarge the meaning of any word or expression used in this section;

(o) provide that sections 217 to 225 apply, with any necessary modification, to any domestic animal or class of domestic animals within the municipality.

 

216(2)

Any provision of subsection (1) that empowers a council to exercise its powers with respect to an animal or class or classes of animals includes the right to exercise its powers with respect to any subclass of animals.

 

216(3)

A council may enter into an agreement with the council of any adjacent municipality, urban municipality or northern municipality providing for the extension and application of this section and any bylaw passed pursuant to this section to the whole or any portion of that municipality.

1995, c. 30, s. 28; 2002, c. 38, s. 9

 

s 217. Licensing, registration and destruction of dogs

217(1)

In sections 218 to 224:

(a) "judge" means a judge of the Provincial Court of Saskatchewan, a justice of the peace or a person designated in a bylaw passed pursuant to clause 216(1)(g);

(b) "owner" includes:

(i) a person who keeps, possesses or harbours a dog;

(ii) the person responsible for the custody of a minor where the minor is the owner of a dog;

but does not include:

(iii) a veterinarian registered pursuant to The Veterinarians Act, 1987 who is keeping or harbouring a dog for the prevention, diagnosis or treatment of a disease of or an injury to the dog;

(iv) a municipality or the Saskatchewan Society for the Prevention of Cruelty to Animals with respect to an animal shelter or impoundment facility operated by it.

 

217(2)

In sections 218 and 219, "provocation" means an act done intentionally for the purpose of provoking a dog.

 

s 218. Dangerous dogs

218(1)

Subject to subsection (2), if a complaint is made that a dog in a municipality is dangerous, a judge shall on hearing the complaint declare the dog to be dangerous where it is proved that:

(a) the dog, without provocation, in a vicious or menacing manner, chased or approached a person or domestic animal in an apparent attitude of attack;

(b) the dog has a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise threaten the safety of persons or domestic animals;

(c) the dog has, without provocation, bitten, inflicted injury, assaulted or otherwise attacked a person or domestic animal;

(d) the dog is owned primarily or in part for the purpose of dog fighting or is trained for dog fighting.

 

218(2)

A council may require, by bylaw, that any complaints made pursuant to subsection (1) be made to and be heard by a person designated in a bylaw passed pursuant to clause 216(1)(g).

 

218(3)

No dog shall be declared dangerous where an action described in clause (1)(a), (b) or (c) occurred while the dog was:

(a) acting in the performance of police work; or

(b) working as a guard dog on commercial property:

(i) securely enclosed on the property by a fence or other barrier sufficient to prevent the escape of the dog and the entry of children of tender years; and

(ii) defending that property against a person who was committing an offence.

 

218(4)

The owner of a dog complained of, if known, shall be served with notice of a hearing pursuant to subsection (1), but the judge may make an order pursuant to subsection (5) in the absence of the owner if he or she fails to appear.

 

218(5)

Where a judge declares a dog to be dangerous, the judge shall make an order embodying all of the following requirements:

(a) the owner shall keep the dog in an enclosure which complies with prescribed criteria;

(b) if the owner removes the dog from the enclosure, the owner shall muzzle and leash it in accordance with prescribed criteria and keep it under his or her direct control and supervision;

(c) the owner shall obtain and keep in effect liability insurance in the prescribed amount to cover damage or injury caused by the dog;

(d) the owner shall display a sign on his or her property warning of the presence of the dog, in the prescribed form and manner;

(e) the owner shall comply with the regulations and the Animal Disease and Protection Act (Canada), as amended from time to time, with respect to the detection and control of rabies;

(f) where a bylaw pursuant to clause 216(1)(g) is in effect in the municipality, the owner shall report the sale or other disposition of the dog to the person appointed for the purpose in the bylaw;

(g) where the dog is moved to a different municipality or to a northern municipality or an urban municipality, the owner shall notify the administrator or clerk of that municipality, northern municipality or urban municipality.

 

218(6)

An order pursuant to subsection (5) may also include any or all of the following terms:

(a) the owner shall have the dog tattooed in the prescribed manner;

(b) the owner shall have the dog spayed or neutered;

(c) the owner shall take any other measures the judge considers appropriate.

 

218(7)

Notwithstanding subsection (5), where the judge is a judge of the Provincial Court of Saskatchewan or a justice of the peace, he or she, in the alternative, may order that the dog be destroyed or otherwise disposed of at the owner's expense and shall give directions with respect to the destruction or other disposition.

 

218(8)

Where an order has been made pursuant to subsection (5) against an owner, the owner may apply to the judge who made the order for an order that compliance with the provisions of clause (5)(c) be waived.

 

218(9)

On an application pursuant to subsection (8), the judge may waive compliance with clause (5)(c), on any terms and conditions that he or she considers reasonable, where he or she is satisfied that the owner is unable to comply with the requirements of that clause for reasons other than financial circumstances.

 

218(10)

An owner or complainant who feels aggrieved by an order made pursuant to subsection (5) or (7) may appeal the order:

(a) to a judge of the Provincial Court of Saskatchewan by way of a trial de novo where the order was made by a person designated in a bylaw passed pursuant to clause 216(1)(g) or by a justice of the peace; or

(b) on the grounds that it:

(i) is erroneous in point of law;

(ii) is in excess of jurisdiction; or

(iii) constitutes a refusal or failure to exercise jurisdiction;

to the court where the order was made by a judge of the Provincial Court of Saskatchewan.

 

218(11)

A person desiring to appeal an order pursuant to subsection (10) shall, within seven days of the order being appealed from, file a notice of appeal with the judge or court being appealed to and the provisions of Part XXVII of the Criminal Code, as amended from time to time, apply, with any necessary modification, to the appeal.

 

218(12)

A person who feels aggrieved by a decision of a judge of the Provincial Court of Saskatchewan made with respect to an appeal pursuant to clause (10)(a) may appeal the decision to a judge on any grounds set out in clause (10)(b), and the provisions of subsection (11) apply to the appeal.

 

s 219. Offences and penalties, destruction etc., of dogs

219(1)

Any person who owns a dog for the purpose of dog fighting, or trains, torments, badgers, baits or otherwise uses a dog for the purpose of causing or encouraging the dog to make unprovoked attacks on persons or domestic animals is guilty of an offence against this Act.

 

219(2)

Any person who does not comply with an order made against him or her pursuant to subsection 218(5) is guilty of an offence against this Act.

 

219(3)

Any person who owns a dog that, without provocation, attacks, assaults, wounds, bites, injures or kills a person or domestic animal, is guilty of an offence against this Act.

 

s 220. Destruction order

220(1)

Unless the owner otherwise agrees, every order for destruction of a dog shall state that it shall not be implemented for eight days.

 

220(2)

Where an appeal is taken against an order for the destruction of a dog, the application of the order is stayed pending the disposition of the appeal.

 

s 221. Return of dog

Where the judge on appeal overturns the order for destruction of the dog, the dog shall be released to the owner after the owner has paid the costs of impoundment of the dog pending the hearing.

 

s 222. Actions for damages

In an action brought to recover damages for injuries to persons or property caused by a dog, it is not necessary for the person injured to prove that the dog is, or that the owner knew that the dog was, of a dangerous or mischievous nature or is accustomed to doing acts causing injury.

 

s 223. Destruction by peace officers

223(1)

A peace officer as defined by the Criminal Code, as amended from time to time, may destroy any dog that he or she finds injuring or viciously attacking a person or domestic animal.

 

223(2)

Where he or she acted in good faith, a peace officer who destroys a dog pursuant to subsection (1) is not liable to the owner for the value of the dog.

 

s 224. Entry and search

224(1)

Where a peace officer as defined by the Criminal Code, as amended from time to time, or a municipal official designated in a bylaw passed pursuant to clause 216(1)(h) has reasonable and probable grounds for believing that a dog is dangerous or has been ordered to be destroyed and is:

(a) in or on any premises other than a dwelling house; or

(b) in any vehicle or other chattel;

the peace officer or official may, with or without a warrant, enter the premises, vehicle or chattel, search for the dog and impound it or, if there is an order to destroy or otherwise dispose of the dog, deliver the dog to the person appointed in the order to destroy or otherwise dispose of it.

 

224(2)

Where it appears to a judge, on information laid before him or her on oath, that there are reasonable and probable grounds for believing that a dog that has been ordered to be destroyed or otherwise disposed of is in any dwelling place or any other premises or vehicle or chattel, the judge may issue a warrant authorizing a peace officer to enter the dwelling place or other premises or vehicle or chattel specified in the warrant and search for the dog, and the peace officer may impound and deliver the dog to the person appointed by the judge to destroy or otherwise dispose of it.

 

s 225. Regulations

The Lieutenant Governor in Council may make regulations:

(a) prescribing a category of persons for the purpose of a bylaw pursuant to clause 216(1)(g);

(b) prescribing a period within which a dog that has bitten a person or domestic animal shall not be destroyed;

(c) providing for any other matter or thing he or she considers necessary or advisable to carry out the intent of sections 218 to 224.

 

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