CAPITAL REGIONAL DISTRICT BYLAW NO. 4681 ANIMAL RESPONSIBILITY AND CONTROL BYLAW

CAPITAL REGIONAL DISTRICT

BYLAW NO. 4681

ANIMAL RESPONSIBILITY AND CONTROL BYLAW

A Bylaw to Establish Provisions for Animal Control, Licensing, Duties of Animal Owners, Penalties, and Enforcement in the Capital Regional District.

WHEREAS the Community Charter provides Regional Districts with fundamental powers to regulate, prohibit, and impose requirements in relation to Animals;

AND WHEREAS the Community Charter permits Regional Districts to establish different classes of Animals on the basis of sex, age, size, or breed;

AND WHEREAS the Community Charter provides seizure and related powers in respect of Animals;

AND WHEREAS the Community Charter provides Regional Districts with special powers in relation to Dangerous Dogs;

NOW THEREFORE the Board of the Capital Regional District, in open meeting assembled, enacts as follows:

1. Title

This Bylaw may be cited as the “Capital Regional District Animal Responsibility and Control Bylaw No. 4681, 2025”.

2. Repeal

The “Animal Regulation and Impounding By-law No. 1, 1986” is hereby repealed.

3. Definitions

In this bylaw, unless the context otherwise requires, the following words have the following meanings:

“Aggressive Behaviour” means any behaviour by a Dog that intimidates or demonstrates a threat or harm directed at a Person or Domestic Animal and includes, but is not limited to, snarling, growling, or pursuing a person or Domestic Animal;

“Aggressive Dog” means a dog that has been designated as such by the Animal Control Officer on the basis that:

(a) It has without justifiable provocation, displayed aggressive behaviour toward a person or domestic animal; or

(b) It has without justifiable provocation, caused a minor injury to a person or domestic animal.

“Animal” means, as defined in the Community Charter;

a) any member of the Animal kingdom, other than a human being; which excludes wildlife, exotic animals and controlled alien species as defined under the British Columbia Wildlife Act.

“Animal Control Officer” means:

7.3 No Person shall cause, permit or allow an animal to be confined in an enclosed space, including a motor vehicle, without sufficient ventilation to prevent the Animal from suffering distress or heat or cold-related injury.

Transportation of Animals

7.4 No Person may transport an Animal in a vehicle outside of the passenger compartment or in an uncovered passenger compartment, unless it is confined in a pen or cage, or secured in a body harness or other manner of fastening to prevent it from jumping, falling off the vehicle or otherwise injuring itself.

Animal Shelter

7.5 If a Shelter Supervisor considers that an impounded Animal requires in shelter care, examination by a Veterinarian or urgent veterinary care to alleviate any pain or suffering, communicable disease or parasite as recommended by a Veterinarian, then the Shelter Supervisor can cause such care to be provided at the sole cost and expense of the Animal’s Owner.

7.6 During or following the impoundment period, the Shelter Supervisor may, in consultation with a Veterinarian, take an Animal to a Veterinarian for euthanasia, where the Veterinarian reasonably believes:

i. immediate veterinary treatment cannot prolong the Animal’s life, or; ii. prolonging the Animal’s life would result in the Animal suffering unduly; and iii. all reasonable efforts to contact the Owner of the Animal have failed.

7.7 The Shelter Supervisor is entitled to recover from the owner the cost of veterinary care provided while the Animal was impounded, in addition to any other fees due to the Regional District for the redemption of the Animal.

8. Nuisance Animal

8.1 An Animal Control Officer on having reasonable and probable grounds to believe the animal meets the definition of this Bylaw, may declare an animal as a Nuisance Animal and direct the Owner in writing to take such actions as deemed necessary by the Animal Control Officer to ensure this Bylaw is not further contravened.

8.2 The Owner of a Nuisance Animal may apply writing to the Regional District to review the status of the Nuisance Animal annually to determine if the written directions of an Animal Control Officer should be maintained, altered or removed.

9. Aggressive and Dangerous

9.1 Where a dog meets the definition of an Aggressive Dog or Dangerous Dog, or an Animal Control Officer designates a Dog as an Aggressive Dog or Dangerous Dog, the Animal Control Officer shall deliver written notice of the designation to the Owner of that Dog.

9.2 Any dog that is designated Aggressive or Dangerous in other municipalities or under this bylaw, shall apply to the entirety of all municipalities and lands within the Capital Regional District.

Aggressive Dogs

9.3 Every Owner of an Aggressive Dog must: i. not cause, permit, or allow that Dog, at any time, to be At Large within the Regional District, whether or not the Owner has entrusted the care and custody of the Dog to any other person; ii. when in a Public Place, secure the Dog by a collar or harness and a leash, with a maximum length of 1.2 metres from owner to Dog, suitable to the size and strength of the Dog, and which must not include a retractable style leash; iii. not cause, permit, or allow the Dog to enter an Off-leash area; iv. ensure the Dog has Permanent Identification within fourteen days of receiving notice of the Dog being designated an Aggressive Dog, and provide the Identification information to the Animal Control Officer; v. provide a photo of the Aggressive Dog to the Regional District within seven (7) days of designation, which will be retained at the Animal Shelter or Regional District for identification purposes; vi. obtain an Aggressive Dog Licence as required under section 4.14 of this Bylaw; vii. notify the Animal Control Officer within 48 hours (2 calendar days) if the Dog dies or there are any changes in residency or ownership of the Dog, and viii. in the case of transfer of ownership of the Aggressive Dog, ensure the prospective Owner is informed that the Dog has been designated as an Aggressive Dog prior to the transfer of ownership.

9.4 The Owner of an Aggressive Dog shall at all times ensure that the Aggressive Dog does not:

i. threaten or create the reasonable apprehension of a threat to a person or other Animal; ii. display any Aggressive Behaviour; iii. chase a person or other Animal; iv. bite a person or other Animal; v. otherwise injure a person or other Animal; or vi. damage or destroy any property.

9.5 Every Owner of an Aggressive Dog may, if after one year of the Dog being designated an Aggressive Dog:

i. the Dog has not displayed any further Aggressive Behavior or caused any further injury; ii. the Regional District has not received any further complaints in regards to that Dog; iii. the Owner has provided proof and documentation that the Owner and Dog have successfully completed a humane training course designed to reasonably address the Aggressive Behaviour; and iv. the Dog has Permanent Identification and a valid Aggressive Dog Licence; and v. apply in writing to the Regional District to have the Aggressive Dog designation removed, and, if all of the requirements of this section are fulfilled to the satisfaction of the Regional District, the Aggressive Dog designation shall be removed.

9.6 If a Dog is designated an Aggressive Dog more than once or further displays Aggressive Behaviour the requirements of section 9.3 shall apply in perpetuity.

Dangerous Dogs