CRD BYLAW ENFORCEMENT Memoorandum

CRD BYLAW ENFORCEMENT MEMOorandum

TO: Bylaw Enforcement \Animal Control Staff

FROM: Miles Drew

DATE: April 30, 2018

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SUBJECT: Powers to kill dogs under the Livestock Protection Act, Wildlife Act, and CRD Animal Control Bylaw 1465.

The purpose of this memo is to explain the laws as they apply to the killing of dogs.

Dogs may be killed by authority of the above ActS and Bylaw. However the athorities aply to specific circumstances and it is necessary that the Animal Control officer fully understand what authority he is using before he kills any dog.

The Livestock Protection Act .

There are only three sections of the Livestock Protection Act that apply to the Regional District.

Section 5 " Dog Packs"

(1) Where a Peace Officer or any other person or class of persons authorized by the commissioner for the purposes of this section, finds a dog running in a pack, he may kill the dog.

(2) An authorization under subsection (1) shall be in writing, but the commissioner may, if he is of the opinion that the situation is urgent, grant authority verbally or by means of an electronic communications device.

Under this section a CRD Animal Control Officer is not a Peace Officer and is not a "person or class of persons authorized". Therefore, to act under this section you and anybody else must obtain the assistance of a Police Officer. Do not shoot dogs in packs instead set traps, canvass the neighbourhood for clues as to ownership etc.

Section 6 Dogs Causing Injury or Damage Where a Person finds a Dog (a) Running at large ; and (b) Attacking or viciously pursuing a person or a domentic animal, he may kill the dog.

This section enables any person to kill dogs only if the dog is not on its owners property and/ or is not under control and is in the process of making the attack. You cannot shoot the dog after the attack stops.

Section 8 (1), (2) and (3) Order to Kill a Dog

(1) The Provincila Court may, on application and on being satisfied that a dog has killed or injured, or is likely to kill or injure, a person or a domestic animal, order that the dog be killed in a manner prescribed in the order.