Interpretation

SECTION 1

1(1) Definitions

In this Act,

"dog" includes male and female dogs and an animal that is a cross between a dog and a wolf; ("chien")

"muzzle" means to secure the mouth of a dog in such a fashion that it cannot bite anything; ("museler")

"officer" means a person appointed or authorized to be an officer under section 2; ("agent")

"owner" means a person who owns, harbours, possesses or has control or custody of a dog. ("propriétaire")

1(2) Running at large

For the purposes of this Act, a dog is running at large if it is off the premises of its owner and is not

(a) muzzled; or

(b) under the physical control of a person.

S.N.W.T. 2011,c.3,ss.2 and 11(1).

Officers

SECTION 2

Appointment of officers

2. (1) The Minister may appoint officers for the purposes of this Act and the regulations.

Ex officio officers

(2) Members of the Royal Canadian Mounted Police and bylaw officers appointed under the Charter Communities Act, Cities, Towns and Villages Act, Hamlets Act and Tlicho Community Government Act are, by virtue of their office, officers under this Act.

Restriction

(3) A bylaw officer may only perform the duties and exercise the powers of an officer under this Act within the municipality for which he or she is appointed.

S.N.W.T. 2008,c.8,s.7(2); S.N.W.T. 2011,c.3,s.3; S.N.W.T. 2013,c.9,Sched.B,s.4.

SECTION 3

Prohibition: obstruction

3. No person shall

(a) knowingly make a false or misleading statement, either orally or in writing, or fail to disclose a material fact, to an officer; or

(b) otherwise obstruct or hinder an officer.

S.N.W.T. 2011,c.3,ss.3 and 11(1).

PROTECTION OF DOGS

Duty of Care

SECTION 4

Duties of owner

4. (1) An owner of a dog shall

(a) ensure that the dog has adequate food and water;

(b) provide it with adequate care when it is wounded or ill;

(c) provide it with reasonable protection, having regard to the physical characteristics of the dog, from injurious heat or cold; and

(d) provide it with adequate shelter, ventilation and space.

Acceptable treatment

(2) A person does not contravene subsection (1) by treating a dog in accordance with the regulations or in accordance with standards of animal care set out in an applicable municipal bylaw.

S.N.W.T. 2011,c.3,ss.4 and 11(1).

SECTION 5

Humane destruction

5. A person who destroys a dog shall do so in a manner that prevents undue suffering.

S.N.W.T. 2011,c.3,s.4.

Dogs in Distress

SECTION 6

Prohibition: permitting distress

6. (1) No owner shall permit a dog in his or her charge to be in distress.

Prohibition: causing distress

(2) No person shall cause a dog to be in distress.

Exceptions

(3) This section does not apply if the distress is caused by a treatment, process or condition that occurs in the course of an accepted activity.

Accepted activities

(4) Subject to subsection (5), for the purposes of this Act, an accepted activity includes the use, care and management of a dog in the course of the following activities:

(a) harvesting, including gathering, hunting, trapping and fishing:

(b) protection of people from wildlife;

(c) any other activity designated as an accepted activity by the regulations.

Standards for accepted activities

(5) An activity is an accepted activity under subsection (4) only if it is carried out in a manner

(a) consistent with a generally accepted practice or procedure for the activity that

(i) is not designated as a prohibited practice or procedure by the regulations, and

(ii) does not cause undue suffering; or

(b) that is otherwise reasonable in the circumstances, and that does not cause undue suffering.

S.N.W.T. 2011,c.3,ss.4 and 11(1).

SECTION 7

Power of officer to relieve distress

7. (1) If a dog is in distress and

(a) the owner does not immediately take measures that will relieve its distress,

(b) an officer has reasonable grounds to believe that the owner is not likely to ensure that the dog's distress is relieved or to ensure that the distress will continue to be relieved, or

(c) the owner cannot be found immediately and informed of the dog's distress, an officer may, in accordance with section 8, take any action he or she considers necessary to locate the dog and relieve its distress, including taking custody of the dog in accordance with the regulations and taking reasonable measures to arrange for necessary transportation, food, water, shelter and veterinary care.

Caretaker of dog in distress

(2) An officer who takes custody of a dog under subsection (1) may act as caretaker or may deliver the dog to a caretaker.

S.N.W.T. 2011,c.3,ss.4, 11(1) and (2).

Entry to Relieve Distress of a Dog

SECTION 8

Authority to enter with warrant

8. (1) An officer who has reasonable grounds to believe that a dog is in distress in any place, premises or vehicle may obtain a warrant to enter the place, premises or vehicle for the purpose of carrying out his or her duties under section 7.

Authority to enter without warrant

(2) An officer may take any action authorized under subsection (1) without a warrant, except entry into a dwelling-house, if conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

Production of certificate of appointment

(3) An officer acting under the authority of this section shall, on request, produce his or her certificate of appointment to a person who owns or occupies any place, premises or vehicle entered under this section.

Reasonable force

(4) An officer shall use no more force than is reasonably required to enter or search any place, premises or vehicle.

S.N.W.T. 2011,c.3,ss.4, 11(1) and (3).

Abandoned Dogs

SECTION 9

Definition: "abandoned dog"

9. (1) In this section, "abandoned dog" includes a dog that is

(a) left for more than 24 hours without adequate food, water or shelter;

(b) left for five days or more after the expected retrieval time from a veterinarian or from a person who boards or cares for the dog for money or other consideration; or

(c) found on premises in respect of which a tenancy agreement has been terminated.

Custody of abandoned dog

(2) An officer may take an abandoned dog into custody whether or not it is in distress.

Caretaker of abandoned dog

(3) An officer who takes a dog into custody under subsection (2) may act as caretaker or may deliver the dog to a caretaker.

S.N.W.T. 2011,c.3,ss.4 and 11(1).

PUBLIC SAFETY

SECTION 10

Running at large

10. No owner shall permit a dog to run at large

(a) contrary to a municipal bylaw;

(b) in an unincorporated community; or

(c) in an area that is not within a municipality or an unincorporated community, unless the dog is under the immediate control of a person.

S.N.W.T. 2008,c.8,s.7(3); S.N.W.T. 2011,c.3,ss.5 and 11(1).

SECTION 11

Dog in harness

11. No person shall leave a dog in harness

(a) contrary to a municipal bylaw; or

(b) in an area that is not within a municipality, unless the dog is under the immediate control of a person capable of ensuring that the dog will not harm the public or create a nuisance.

S.N.W.T. 2011,c.3,ss.5 and 11(1).

SEIZURE

Custody of Dogs Running at Large

SECTION 12

Custody of dog running at large

12. (1) An officer may take custody of a dog that is running at large.

Caretaker of dog in custody

(2) An officer who takes a dog into custody under subsection (1) may act as caretaker or may deliver the dog to a caretaker.

Officer unable to take custody

(3) An officer who is unable to capture a dog that is running at large contrary to this Act may destroy the dog.

S.N.W.T. 2008,c.8,s.7(4); S.N.W.T. 2011,c.3,ss.5 and 11(1).

CARE OF DOGS IN CUSTODY

SECTION 13

Provision of care

13. (1) An officer who takes custody of a dog under subsection 7(1), 9(2) or 12(1)

(a) shall take reasonable measures to ensure that the dog is provided with necessary transportation, food, water and shelter; and

(b) may take measures to ensure the dog is provided with veterinary treatment, if practicable to do so.

Recovery of expenses for care

(2) Subject to the regulations, a person acting as caretaker under subsection 7(2), 9(3) or 12(2) may recover any expenses incurred in respect of the dog from the owner, and may require payment of those expenses before the dog is returned to the owner.

Unpaid expenses

(3) Any unpaid expenses incurred by a caretaker in respect of a dog are a debt due to the caretaker and are recoverable in an action against the owner.

S.N.W.T. 2011,c.3,ss.5, 11(4)(a) and (5).

DISPOSITION OF DOGS IN CUSTODY

SECTION 14

Destruction of suffering dog 

14. (1) If a dog taken into custody under subsection 7(1), 9(2) or 12(1) is in such distress that it cannot, in the opinion of a veterinarian, be relieved of its distress and live without undue suffering, the veterinarian may destroy the dog or authorize its destruction.

Veterinarian not available

(2) If a veterinarian is not readily available to examine a dog that is taken into custody and an officer is of the opinion that the dog cannot be relieved of its distress and live without undue suffering, the officer may destroy the dog or authorize its destruction.

Destruction for safety reasons

(3) An officer may destroy a dog taken into custody if he or she is of the opinion that the dog should be destroyed without delay for the safety of the public.

Owner liable for costs

(4) The owner of a dog destroyed under this section is liable for the costs of destruction.

S.N.W.T. 2011,c.3,ss.5 and 11(4)(b).