2017 Legislative Session: 6th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. ANDREW WEAVER

BILL M 238 – 2017

COMMUNITY CHARTER AMENDMENT ACT, 2017

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

This Bill will amend

section 49 of the Community Charter Act that regulates special powers in relation to dangerous dogs by adding legal clarity. Consideration for the circumstances around a dog attack are introduced, as are standards of care for dogs held in long term impounds. For seriously ill dogs in need of veterinary care a compassionate release clause is included.

Section 49 of the Community Charter, S.B.C. 2003, c. 26, is amended

(

a) by repealing subsection (1) and substituting the following:

Special powers in relation to dangerous dogs

(1) In this section:

"dangerous dog" means a dog that

(

a) without provocation has killed or seriously injured a person,

(

b) without provocation has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or

(

c) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person without provocation.

(

b) by repealing subsection (11) and substituting the following:

(11) A dog that has been seized under this

section may not be impounded and detained for more than 21 days unless court proceedings for a destruction order are commenced within that time.

(

a) A dog impounded and detained for more than 21 days must have access to outdoor space and daily exercise.

(

b) A dog may be granted compassionate release if they are seriously ill and require veterinary care.

(

c) by adding the following subsection:

(12) Proceedings and appeals are to be carried out in accordance with the Offence Act .

Explanatory Note

This Bill will amend

section 49 of the Community Charter Act that regulates special powers in relation to dangerous dogs by adding legal clarity. Consideration for the circumstances around a dog attack are introduced, as are standards of care for dogs held in long term impounds. For seriously ill dogs in need of veterinary care a compassionate release clause is included.

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c) Queen's Printer, Victoria, British Columbia, Canada