National Capital Commission Animal Regulations (SOR/2002-164)

Leased Residential Property

16 No person shall have a hoofed animal on leased residential property.

• 17 (1) No lessee shall allow more than three domestic animals to be on the lessee’s leased residential property at one time, except if the additional animals are unweaned young of any of the three permitted animals.

• (2) No lessee shall allow a domestic animal that is on the lessee’s leased residential property to make noise for more than 15 minutes between the hours of 10:00 p.m. and 7:00 a.m.

• (3) Every lessee shall pick up and dispose of fecal matter deposited by a domestic animal on the lessee’s leased residential property.

18 No person shall have a domestic animal on leased residential property unless it is restrained in one of the following ways:

• (a) it is in the residence;

• (b) it is restrained on a leash or by the handle of a harness

  • (i) that is held by a person, or is securely attached to an object that cannot be displaced by the animal, and

  • (ii) that is not more than two metres (6.5 feet) long;

• (c) it is in a container from which it cannot escape;

• (d) it is in an enclosure or behind a fence that is of a construction and dimensions sufficient to keep it within the limits of the property; or

• (e) it is in a location on the property controlled by an invisible electronic fencing system.

Leased Agricultural Property

19 A lessee of leased agricultural property who is the keeper of a domestic animal shall use effective measures to keep it within the limits of the property.

Powers of Peace Officers

• 20 (1) A peace officer shall order the keeper of an animal to remove the animal from Commission land if

  • (a) the animal is on Commission land in a location where the keeper is prohibited from having the animal without the authorization of the Commission under subsection 28(1) and the keeper has not obtained that authorization; or

  • (b) the peace officer believes, on reasonable grounds, that the animal is acting in a dangerous or destructive fashion.

• (2) Every person to whom an order is given under subsection (1) shall comply with that order.

• 21 (1) A peace officer is authorized to capture an animal that is unrestrained on Commission land in contravention of these Regulations if the keeper of the animal is not present or is unable or unwilling to capture the animal.

• (2) When the keeper of the animal is not present, the peace officer is authorized to impound the animal at the expense of the owner.

• (3) When the keeper of the animal is present, the peace officer shall order the keeper

  • (a) in the case of a domestic animal, to restrain the animal as described in section 7 or 10, as applicable, or, if it is not possible to restrain the animal in such a fashion, to remove the animal from Commission land; and

  • (b) in the case of an animal other than a domestic animal, to remove the animal from Commission land.

• (4) Every person to whom an order is given under subsection (3) shall comply with that order.

• 22 (1) Subject to subsection (3), a peace officer is authorized to take any injured animal that they find or capture pursuant to subsection 21(1) to a veterinarian for medical care at the expense of the owner.

• (2) Subject to subsection (3), if the peace officer believes, on reasonable grounds, that the animal is so severely injured that the most humane action would be to destroy the animal, the peace officer is authorized to destroy it.

• (3) Before taking any action under subsection (1) or (2), the peace officer shall

  • (a) if the keeper of the animal is not present, use reasonable efforts to locate the keeper; and

  • (b) if the keeper is present or is located, obtain their consent to the action proposed.

• 23 (1) Subject to subsection (2), if, on unleased land, a peace officer finds an animal unattended in a vehicle or container in excessive heat or cold that could endanger the health of the animal, the peace officer is authorized to take reasonable measures to remove the animal from the vehicle or container.

• (2) Before taking any action under subsection (1), the peace officer shall

  • (a) use reasonable efforts to locate the keeper of the animal; and

  • (b) if the keeper is present or is located, obtain their consent to the action proposed.

• (3) When a peace officer removes an animal from a vehicle or container pursuant to subsection (1) and the keeper of the animal is not present, the peace officer is authorized to impound the animal at the expense of the owner.

• 24 (1) After having taken all reasonable measures to stop the animal, a peace officer is authorized to destroy an animal that is attacking the peace officer or another person on Commission land if the peace officer believes, on reasonable grounds, that it would be too dangerous for the peace officer or the keeper of the animal, if present, to attempt to capture the animal.

• (2) After having taken all reasonable measures to stop the animal, a peace officer is authorized to destroy an animal that is attacking another animal on Commission land if the peace officer believes, on reasonable grounds, that

  • (a) the animal being attacked may suffer serious injury or death; and

  • (b) it would be too dangerous for the peace officer or the keeper of the animal, if present, to attempt to capture the animal.

• 25 (1) Subject to subsection (2), after having taken all reasonable measures to stop the animal, a peace officer is authorized to destroy an animal that is at large on Commission land if the peace officer believes, on reasonable grounds, that

  • (a) the continued presence of the animal will

    • (i) damage property of the Commission, or

    • (ii) pose a threat to public safety; and

  • (b) it would be too dangerous for the peace officer to attempt to capture the animal.

• (2) Before destroying an animal under subsection (1), the peace officer shall use reasonable efforts to locate the keeper of the animal.

• (3) If the keeper of the animal is present or is located, the peace officer shall warn the keeper that the animal will be destroyed unless it is controlled or captured.

26 When a peace officer impounds an animal, takes an animal to a veterinarian or destroys an animal pursuant to any of sections 21 to 25, the peace officer shall, as soon as possible, inform the owner of the animal of the peace officer’s actions, if the name and the address, phone number or other indicators of the whereabouts of the owner can be readily ascertained from

• (a) tags or other identification worn by the animal;

• (b) any tattoo or other marking on the animal; or

• (c) any other source of information readily available.

Powers of the Commission

• 27 (1) In locations on unleased land where domestic animals are otherwise permitted under these Regulations, the Commission may, by signs, mark an area where domestic animals are prohibited, if such a prohibition is necessary for reasons of public safety or for protection of property of the Commission.

• (2) In areas of unleased land where hoofed animals are not otherwise permitted under these Regulations, the Commission may, by signs, mark an area where hoofed animals are permitted, if the presence of hoofed animals does not pose a threat to public safety or to property of the Commission.

• 28 (1) If the presence of an animal does not pose a threat to public safety or property of the Commission, the Commission shall, on application, issue a written authorization to a person to use the animal in an organized event on Commission land.

• (2) The keeper of an animal shall, while the animal is on Commission land pursuant to an authorization issued under subsection (1), control the animal at all times in accordance with the terms of the authorization.

• 29 (1) An authorization issued pursuant to subsection 28(1) shall, at a minimum, specify the duration of the authorization, the description of Commission land to which the authorization applies and any special animal restraining measures or public health and safety requirements.

• (2) No person contravenes these Regulations by virtue only of the fact that the person does anything permitted in an authorization issued pursuant to subsection 28(1) while that authorization remains in effect.

• (3) An authorization issued pursuant to subsection 28(1) is no longer in effect if the person to whom it was issued fails to comply with any term or condition of the authorization.

Penalties

30 Every person who contravenes these Regulations is liable on summary conviction to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both.

Coming into Force

31 These Regulations come into force on the day on which they are registered.