WHEREAS the number of complaints regarding dog bites are on the rise and, once a dog shows it is capable of biting, it has the potential to seriously injure a person or other domestic animal; AND WHEREAS the process of obtaining a warrant to seize a dog could be onerous and time-consuming; AND WHEREAS Section 49 of the Community Charter only gives immediate rights to municipalities if a dog seriously injures or kills: THEREFORE BE IT RESOLVED that the UBCM be asked to lobby the Province to: - Amend Section 49 of the Community Charter to give municipalities more authority and scope of powers in relation to dealing with dangerous dogs; - Expand the seizure powers for municipalities to include a dog that has aggressively pursued or bitten a person; - Give authority to municipalities to impose conditions on owners upon release of a dog impounded under Section 49; and - Change the definition of dangerous dog under Section 491 by removing the word seriously where it appears before the words injured or injure.
Ministry of Community Services The Community Charter authorizes municipalities to pass bylaws to regulate, prohibit and impose requirements in relation to animals, including dogs. The Local Government Act provides similar authorities to regional districts. The authorities under these Acts allow local governments to be innovative in their approaches to animal regulation. Local governments have the tools they need to deal effectively with classes of potential problem dogs as well as individual dogs that have demonstrated a dangerous nature. The bylaw-making power given to municipalities under Community Charter section 8 3 k includes a municipal authority to impose conditions on owners upon release of a dog impounded under Community Charter section 49. Municipalities are able to use this broad power in order to deal appropriately and effectively with dangerous dogs in a manner that suits the particular needs of their community. The definition of dangerous dogs in both the Community Charter and Local Government Act seeks an appropriate balance between public safety and the individual rights of dog owners. The proper scope of seizure powers in relation to dangerous dogs under the Community Charter and Local Government Act was also carefully considered.