Full Statute Name:  The Northern Municipalities Act. Part VIII -- Powers and Duties of Councils. Public Health and Welfare [Heading amended 1984-85-86, c. 68, s. 56.]

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Popular Title:  Primary Citation:  S.S. 1983, c. N-5.1, s. 100 - 100.09 Country of Origin:  Canada Canada Alternate Citation: 
Summary:

Particular sections (ss. 100 -100.09) of this statute pertain to the management of dogs and the consequences attaching when dogs run at large or misbehave, threatening humans or other things.

Statute Text: 

s 100. Animals



100(1)
A council may, by bylaw:
(a) license any animal or class of animal;

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

(b.1) declare any animal or class or classes of animals to be dangerous and establish requirements to keep it or them under proper control with which the owner of any animal declared to be dangerous shall comply;
(b.2) prohibit the keeping, possessing or harbouring of any animal or class or classes of animals declared to be dangerous pursuant to clause (b.1);
(c) restrict, within the northern municipality or any specified portion of the northern municipality:
(i) the number of animals or of any class of animal that may be kept by any person;
(ii) the number of animals or of any class of animal that may be kept in or about any dwelling unit or class of dwelling units, as defined in the bylaw;
(d) regulate establishments for the breeding or boarding of any animal or class of animal within the northern municipality or any specified portion of the northern municipality;
(e) classify animals for licensing purposes, establish a schedule of fees to be paid by persons owning or harbouring animals, which fees may vary as between the different classifications of animals, and require a person owning or harbouring an animal to disclose the number and class of animals kept on or in his land or buildings;
(f) regulate or prohibit the being at large of animals or any class or classes of animals in whole or in part of the northern municipality;
(f.1) 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 leash or otherwise restrain it;
(g) provide for the:
(i) seizing;
(ii) impounding; and
(iii) destruction or other disposition;
of animals found at large in the northern municipality and determine the compensation to be allowed for carrying out the provisions of the bylaw and for services rendered, and sustenance supplied, with respect to animals seized, impounded, destroyed or otherwise disposed of;
(g.1) designate a person within a category of persons prescribed by regulations made pursuant to section 100.09 as a judge for the purposes of section 100.02;
(g.2) designate a municipal official for the purposes of section 100.08;
(h) 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;
(i) define or enlarge the meaning of any word or expression used in this section;
(i.1) provide that sections 100.01 to 100.081 apply, with any necessary modification, to any domestic animal or class of domestic animals within the northern municipality.
(j) [Repealed 1989-90, c. 48, s. 19(e).]


100(1.1)
Any provision of subsection (1) which empowers a council to exercise its powers with respect to an animal or class of animals includes the right to exercise its powers with respect to any subclass of animals.

100(1.2)
A council may enter into an agreement with the council of any adjacent 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;

100(2)
[Repealed 1989-90, c. 48, s. 19(g).]

100(3)
[Repealed 1989-90, c. 48, s. 19(g).]

1984-85-86, c. 68, s. 56; 1989-90, c. 48, s. 19; 2002, c. 37, s. 9


s 100.01 Interpretation



100.01(1)
In sections 100.02 to 100.08:

(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 100(1)(g.1);
(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 northern municipality, the Saskatchewan Society for the Prevention of Cruelty to Animals, a local Society for the Prevention of Cruelty to Animals or a Humane Society operating pursuant to The Animal Protection Act , with respect to an animal shelter or impoundment facility operated by any of them.


100.01(2) "provocation"
In sections 100.02 and 100.03, "provocation" means an act done intentionally for the purpose of provoking a dog.

1989-90, c. 48, s. 20; 1993, c. 34, s. 26


s 100.02 Dangerous dogs


100.02(1)
Subject to subsection (2), if a complaint is made that a dog in a northern municipality is dangerous, a judge on hearing the complaint shall declare that the dog is 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.


100.02(1.1)
For the purposes of proceedings pursuant to this section and section 100.03, a dog is presumed not to have been provoked, in the absence of evidence to the contrary.

100.02(2)
A council, by bylaw, may require 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 100(1)(g.1).

100.02(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 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.


100.02(4)
The owner of a dog complained of, if known, shall be served with notice of a hearing to be held pursuant to subsection (1), but the judge may make an order pursuant to subsection (5) in the absence of the owner if he fails to appear.

100.02(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, he or she 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, in the prescribed form and manner, a sign on his or her property warning of the presence of the dog and shall continue to display that sign in good condition so long as the dog is present on the property.
(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 made pursuant to clause 100(1)(g.1) is in effect in the northern municipality, the owner shall report a 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, the owner shall notify the clerk of that municipality.
(h) where the dog is to be sold or given away, the owner shall:
(i) notify any prospective owner that the dog has been declared dangerous, before it is sold or given away; and
(ii) notify the clerk of the municipality or person designated by the municipality of the name, address and telephone number of any new owner of the dog.


100.02(5.1)
An order issued pursuant to this section continues to apply if the dog is sold or given to a new or is moved to a different municipality.

100.02(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.


100.02(7)
Notwithstanding subsection (5), where the judge is a judge of the Provincial Court for Saskatchewan or a justice of the peace, the judge:

(a) may order that the dog be destroyed or otherwise disposed of at the owner's expense; and
(b) where the judge makes an order pursuant to clause (a), shall give directions with respect to the destruction or other disposition.


100.02(8)
Where 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.

100.02(9)
On an application made pursuant to subsection (8), the judge may waive compliance with clause (5)(c), on any terms and conditions that the judge considers reasonable, where the judge is satisfied that the owner is unable to comply with the requirements of that clause for a reason other than the owner's financial circumstances.

100.02(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 100(1)(g.1) 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.


100.02(11)
A person desiring to appeal an order pursuant to subsection (10) shall, within seven days of the order being appealed, 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.

100.02(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.

1989-90, c. 48, s. 20; 1993, c. 34, s. 27


s 100.03 Offences and penalties, destruction etc., of dogs


100.03(1)
Any person who:

(a) owns a dog for the purpose of dog fighting; or
(b) 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.

100.03(1.1)
Any person who displays a prescribed sign warning of the presence of a dangerous dog and who is not acting on an order made pursuant to subsection 100.02(5) or has not received the permission of a council to display the sign is guilty of an offence.

100.03(2)
Any person who does not comply with any part of an order made against him or her pursuant to subsection 100.02(5), (6) or (7) is guilty of an offence.

100.03(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.

100.03(4)
A person who is guilty of an offence pursuant to this section is liable on summary conviction to:

(a) a fine of not more than $10,000;
(b) imprisonment for not more than six months;
(c) an order imposing the requirements of subsections 100.02(5) and (6);
(d) an order that the person's dog be destroyed or otherwise disposed of in accordance with the terms and conditions ordered by the judge; or
(e) a penalty consisting of any combination of clauses (a) to (d).


100.03(5)
A person desiring to appeal an order or conviction pursuant to this section shall, within seven days of the order or conviction being appealed from, file a notice of appeal with the Provincial Court of Saskatchewan or the court, as the case may be, and the provisions of Part XXVII of the Criminal Code apply with any necessary modification.

1989-90, c. 48, s. 20; 1993, c. 34, s. 28


s 100.04 Destruction order


100.04(1)
Unless the owner otherwise agrees, every order for destruction of a dog shall state that it shall not be implemented for eight days.

100.04(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.

1989-90, c. 48, s. 20


s 100.05 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.

1989-90, c. 48, s. 20


s 100.06 Action for damages

In action brought to recover damages caused by a dog for injuries to persons or property, 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.

1989-90, c. 48, s. 20


s 100.07 Destruction by peace officers


100.07(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.

100.07(2)
Where a peace officer acted in good faith, the peace officer who destroys a dog pursuant to subsection (1) is not liable to the owner for the value of the dog.

1989-90, c. 48, s. 20


s 100.08 Entry and search


100.08(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 100(1)(g.2) 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, with or without a warrant, may 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.

100.08(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.

1989-90, c. 48, s. 20

s 100.081 Charges may be added to property taxes

If a dog has been the subject of a complaint or hearing pursuant to sections 100.01 to 100.08 and the dog has been impounded, declared dangerous, ordered to be destroyed or otherwise disposed of, or has been returned to the owner pursuant to section 100.05 and the owner of the dog does not pay the costs of impoundment or destruction or disposal of the dog, the costs:

(a) are a debt due to the municipality;
(b) may be recovered as a debt due to the municipality or may be added to the owner's property taxes;
(c) are a lien on the land that has priority over all other liens or charges except for those of the Crown; and
(d) are a charge on the goods and chattels of the owner of the dog and may be levied and collected in the same manner as taxes are recoverable.


1993, c. 34, s. 29


s 100.09 Regulations

The Lieutenant Governor in Council may make regulations:

(a) prescribing a category of persons for the purpose of a bylaw pursuant to clause 100(1)(g.1);
(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 the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of sections 100.02 to 100.08.

1989-90, c. 48, s. 20

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