Laws on Gabriola
Gabriola has laws about dogs at the regional, provincial and federal levels.
According to the bylaws, dogs on Gabriola are not regulated based on breed nor do they require a dog license.
With a few exceptions, dogs on Gabriola are generally permitted off leash (including rural roads, trails, community and some regional parks), but they must be "under the immediate charge and control of a responsible person".
Exceptions include Descanso Bay Regional Park/Campground (see Regional Parks below), the Elder Cedar Nature Reserve (see Islands Trust Fund below) and the three Provincial Parks (see Provincial Laws below) where dogs must be leashed. Private and commercial properties may have additional rules.
According to the current animal control bylaw, there are no specific regional bylaws for transporting dogs in vehicles, tethering dogs or leaving dogs in hot vehicles unattended, although other laws may apply (see Provincial Laws below).
If you can't resolve the issue yourself, contact the people and organizations listed below for assistance.
Note: any and all of the below is not provided as legal advice but provided for general information purposes only.
According to the bylaws, dogs on Gabriola are not regulated based on breed nor do they require a dog license.
With a few exceptions, dogs on Gabriola are generally permitted off leash (including rural roads, trails, community and some regional parks), but they must be "under the immediate charge and control of a responsible person".
Exceptions include Descanso Bay Regional Park/Campground (see Regional Parks below), the Elder Cedar Nature Reserve (see Islands Trust Fund below) and the three Provincial Parks (see Provincial Laws below) where dogs must be leashed. Private and commercial properties may have additional rules.
According to the current animal control bylaw, there are no specific regional bylaws for transporting dogs in vehicles, tethering dogs or leaving dogs in hot vehicles unattended, although other laws may apply (see Provincial Laws below).
If you can't resolve the issue yourself, contact the people and organizations listed below for assistance.
Note: any and all of the below is not provided as legal advice but provided for general information purposes only.
Regional District of Nanaimo Bylaws
General Animal Control
Gabriola Island is within the Regional District of Nanaimo (RDN) and therefore, regulated by the RDN Electoral B (Gabriola) Animal Control Bylaw No. 1066 (PDF). The enforcement of RDN bylaws is contracted to Coastal Animal Services and conducted by Nanaimo-based bylaw officers.
According to the bylaw, dogs on Gabriola are not regulated based on breed nor do they require a dog license.
With a few exceptions (see other laws), dogs on Gabriola are generally permitted off leash (including rural roads, trails, community and regional parks), but they must be "under the immediate charge and control of a responsible person".
Exceptions include Descanso Bay Regional Park/Campground (see Regional Parks below), the Elder Cedar Nature Reserve (see Islands Trust Fund below) and the three Provincial Parks (see Provincial Laws below) where dogs must be leashed. Private and commercial properties may have additional rules.
According to the current animal control bylaw, there are no specific regional bylaws for transporting dogs in vehicles, tethering dogs or leaving dogs in hot vehicles unattended, although other laws may apply (see Provincial Laws below).
Excerpt from Animal Control Bylaw No.1066:
Section 4. Control
"(1) No person shall own, keep or harbour a dog and permit or cause the dog to persistently
bark, yelp, howl, or make any other similar persistent sounds.
(2) The owner of a dog shall not permit or allow their dog:
(a) to be at large.
(b) to harass or molest a person or an animal
(3) The owner of a dangerous dog shall not permit or allow their dangerous dog:
(a) to be at large;
(b) to be in a public place unless the dog is: (i) firmly held on a leash, (ii) firmly held by a person competent to restrain the dangerous dog, and (iii) muzzled by a properly fitted humane muzzling device."
"at large" defined in the bylaw as: "being elsewhere than on lands or premises of the owner and not being under the immediate charge and control of a responsible person"
Full bylaw (PDF): http://www.rdn.bc.ca/dms/documents/rdn-bylaws/animal-control/bylaw_1066_-_control_of_dogs_in_electoral_areas_a_b_c_and_lantzville.pdf
Questions?
If you can't resolve the issue yourself, contact the RDN Bylaw Services (Coastal Animal Services) to register a complaint.
1-888-754-1397 or submit the online Complaint Form.
Emergency Line: 1-250-667-3004
website states "an emergency would be an injured cat or dog that is immobile or a dog that is acting aggressively and would be considered a danger to the public and is at large."
cacs@telus.net
www.coastalanimalservices.com
Shelter location: impounded dogs transported to District 68 shelter (includes Gabriola Island) at 2202 Herd Rd, Duncan, BC V9L 6A6
Still not satisfied? Contact the Regional District of Nanaimo, Director for Gabriola.
Note: The city of Nanaimo (a separate city from the Regional Districts of Nanaimo) has its own Animal Control Services and Bylaw No. 4923, Licencing and Control of Animals and while it doesn't apply to dogs on Gabriola, it may be of interest to Gabriola residents if they visit Nanaimo as there are specific breed, leash, transporting, tethering and leaving dogs in hot cars bylaws. Questions? Nanaimo Animal Control Services 250-616-0233.
Gabriola Island is within the Regional District of Nanaimo (RDN) and therefore, regulated by the RDN Electoral B (Gabriola) Animal Control Bylaw No. 1066 (PDF). The enforcement of RDN bylaws is contracted to Coastal Animal Services and conducted by Nanaimo-based bylaw officers.
According to the bylaw, dogs on Gabriola are not regulated based on breed nor do they require a dog license.
With a few exceptions (see other laws), dogs on Gabriola are generally permitted off leash (including rural roads, trails, community and regional parks), but they must be "under the immediate charge and control of a responsible person".
Exceptions include Descanso Bay Regional Park/Campground (see Regional Parks below), the Elder Cedar Nature Reserve (see Islands Trust Fund below) and the three Provincial Parks (see Provincial Laws below) where dogs must be leashed. Private and commercial properties may have additional rules.
According to the current animal control bylaw, there are no specific regional bylaws for transporting dogs in vehicles, tethering dogs or leaving dogs in hot vehicles unattended, although other laws may apply (see Provincial Laws below).
Excerpt from Animal Control Bylaw No.1066:
Section 4. Control
"(1) No person shall own, keep or harbour a dog and permit or cause the dog to persistently
bark, yelp, howl, or make any other similar persistent sounds.
(2) The owner of a dog shall not permit or allow their dog:
(a) to be at large.
(b) to harass or molest a person or an animal
(3) The owner of a dangerous dog shall not permit or allow their dangerous dog:
(a) to be at large;
(b) to be in a public place unless the dog is: (i) firmly held on a leash, (ii) firmly held by a person competent to restrain the dangerous dog, and (iii) muzzled by a properly fitted humane muzzling device."
"at large" defined in the bylaw as: "being elsewhere than on lands or premises of the owner and not being under the immediate charge and control of a responsible person"
Full bylaw (PDF): http://www.rdn.bc.ca/dms/documents/rdn-bylaws/animal-control/bylaw_1066_-_control_of_dogs_in_electoral_areas_a_b_c_and_lantzville.pdf
Questions?
If you can't resolve the issue yourself, contact the RDN Bylaw Services (Coastal Animal Services) to register a complaint.
1-888-754-1397 or submit the online Complaint Form.
Emergency Line: 1-250-667-3004
website states "an emergency would be an injured cat or dog that is immobile or a dog that is acting aggressively and would be considered a danger to the public and is at large."
cacs@telus.net
www.coastalanimalservices.com
Shelter location: impounded dogs transported to District 68 shelter (includes Gabriola Island) at 2202 Herd Rd, Duncan, BC V9L 6A6
Still not satisfied? Contact the Regional District of Nanaimo, Director for Gabriola.
Note: The city of Nanaimo (a separate city from the Regional Districts of Nanaimo) has its own Animal Control Services and Bylaw No. 4923, Licencing and Control of Animals and while it doesn't apply to dogs on Gabriola, it may be of interest to Gabriola residents if they visit Nanaimo as there are specific breed, leash, transporting, tethering and leaving dogs in hot cars bylaws. Questions? Nanaimo Animal Control Services 250-616-0233.
Community and Regional Parks
Gabriola Island is within the Regional District of Nanaimo (RDN) and therefore, Gabriola regional and community parks are regulated by the Regional District of Nanaimo Park Use Bylaw 1399 (PDF). The enforcement of any RDN bylaws regarding dogs is contracted to Coastal Animal Services and conducted by Nanaimo-based bylaw officers.
While in Gabriola's regional and community parks, dogs are to be under "effective control" with the person either "restraining it with a leash or having the animal respond and return immediately when called," or if "any other regulations, prohibitions or requirements are identified on posted signage", as in Descansco Bay Regional Park and Campground, where dogs must be leashed at all times. See the Play webpage for list of community and regional parks.
Note: Dogs are also required to be leashed while in Gabriola's three Provincial Parks (see Province of BC Laws below) and the Elder Cedar Nature Reserve (see Islands Trust Fund Protected Areas below).
Excerpts from Park Use Bylaw 1399:
Section 5.9. Domestic and Wild Animals
"(a) No person, except a person with a disability accompanied by a guide animal on a leash, shall
bring a domestic animal into a park or a section of park where such animals are prohibited by
posted sign.
(b) No person shall permit a domestic animal to run or roam at large or to feed on vegetation.
(c) A person having custody of an animal must exercise effective control over the animal by
restraining it with a leash or by having the animal respond and return immediately when called
by the handler.
(d) A person having custody of an animal must exercise control over the animal to ensure that it
causes:
i. no annoyance, including barking or howling for a continuous period of ten (10) seconds or
more;
ii. no injury to wild animals;
iii. no injury to any person or their animal(s); and
iv. no damage to any public or private property, natural park feature or common facility.
(e) A person having custody of an animal shall when requested by authorized personnel restrain the
animal with a leash or remove the animal from a park.
(f) A person having custody of a dog must remove any excrement deposited by the animal to a
waste container. This provision does not apply to Level 4 parks as identified in Schedule “A”
unless signed to the contrary at a park"
Section 5.1 Rules and Signage
"Every person shall comply with this bylaw, campground rules, traffic control devices and any other regulations, prohibitions or requirements where such additional regulations, prohibitions or requirements have been authorized by the District Manager and identified on posted signage."
Full bylaw (PDF): http://www.rdn.bc.ca/cms/wpattachments/wpID657atID4518.pdf
Questions?
If you can't resolve the issue yourself, contact the RDN Bylaw Services (Coastal Animal Services) to register a complaint.
1-888-754-1397 or submit the online Complaint Form.
Emergency Line: 1-250-667-3004
website states "an emergency would be an injured cat or dog that is immobile or a dog that is acting aggressively and would be considered a danger to the public and is at large."
cacs@telus.net
www.coastalanimalservices.com
Gabriola Island is within the Regional District of Nanaimo (RDN) and therefore, Gabriola regional and community parks are regulated by the Regional District of Nanaimo Park Use Bylaw 1399 (PDF). The enforcement of any RDN bylaws regarding dogs is contracted to Coastal Animal Services and conducted by Nanaimo-based bylaw officers.
While in Gabriola's regional and community parks, dogs are to be under "effective control" with the person either "restraining it with a leash or having the animal respond and return immediately when called," or if "any other regulations, prohibitions or requirements are identified on posted signage", as in Descansco Bay Regional Park and Campground, where dogs must be leashed at all times. See the Play webpage for list of community and regional parks.
Note: Dogs are also required to be leashed while in Gabriola's three Provincial Parks (see Province of BC Laws below) and the Elder Cedar Nature Reserve (see Islands Trust Fund Protected Areas below).
Excerpts from Park Use Bylaw 1399:
Section 5.9. Domestic and Wild Animals
"(a) No person, except a person with a disability accompanied by a guide animal on a leash, shall
bring a domestic animal into a park or a section of park where such animals are prohibited by
posted sign.
(b) No person shall permit a domestic animal to run or roam at large or to feed on vegetation.
(c) A person having custody of an animal must exercise effective control over the animal by
restraining it with a leash or by having the animal respond and return immediately when called
by the handler.
(d) A person having custody of an animal must exercise control over the animal to ensure that it
causes:
i. no annoyance, including barking or howling for a continuous period of ten (10) seconds or
more;
ii. no injury to wild animals;
iii. no injury to any person or their animal(s); and
iv. no damage to any public or private property, natural park feature or common facility.
(e) A person having custody of an animal shall when requested by authorized personnel restrain the
animal with a leash or remove the animal from a park.
(f) A person having custody of a dog must remove any excrement deposited by the animal to a
waste container. This provision does not apply to Level 4 parks as identified in Schedule “A”
unless signed to the contrary at a park"
Section 5.1 Rules and Signage
"Every person shall comply with this bylaw, campground rules, traffic control devices and any other regulations, prohibitions or requirements where such additional regulations, prohibitions or requirements have been authorized by the District Manager and identified on posted signage."
Full bylaw (PDF): http://www.rdn.bc.ca/cms/wpattachments/wpID657atID4518.pdf
Questions?
If you can't resolve the issue yourself, contact the RDN Bylaw Services (Coastal Animal Services) to register a complaint.
1-888-754-1397 or submit the online Complaint Form.
Emergency Line: 1-250-667-3004
website states "an emergency would be an injured cat or dog that is immobile or a dog that is acting aggressively and would be considered a danger to the public and is at large."
cacs@telus.net
www.coastalanimalservices.com
Islands Trust Fund Protected Areas
Elder Cedar Nature Reserve
The Elder Cedar Nature Reserve is a protected area on Gabriola, however, leashed dogs are permitted in the reserve (designated trails only). According to the website, the "Islands Trust Fund's primary management priority for this protected area is to minimize trampling of the sensitive wetland complexes on the reserve." Further stated, the "Gabriola Land and Trails Trust acts as the on-island management group on behalf of the Islands Trust Fund."
Excerpt from the Elder Cedar Nature Reserve Management Plan:
Section 5.1.3 Permitted Uses
Dog Walking (leashed)
Pedestrian use of the Elder Cedar (S’ul-hween X’pey) Nature Reserve has permitted dogs
in the past. This activity will be permitted to continue provided that dogs remain on leash
at all times and that dog feces is picked up and deposited off-site. Facilities for dog
walkers will not be provided for on site and signage will indicate that dogs must be on
leash at access points and will provide reasons for this restriction. If it is observed that
dog walkers are allowing their dogs to run free within the reserve boundaries, the Islands
Trust Fund reserves the right to prohibit all dog access in the future.
Full Elder Cedar Nature Reserve Management Plan (PDF):
http://www.islandstrustfund.bc.ca/media/10349/itfmgmtplanecedar.pdf
Questions?
Islands Trust Fund BC
200-1627 Fort Street
Victoria, BC V8R 1H8
250-405-5186
itsmail@islandstrust.bc.ca
Note: if you have a complaint, enforcement may be directed to the RDN Bylaw Services, BC Conservation Officers or Gabriola RCMP.
The Elder Cedar Nature Reserve is a protected area on Gabriola, however, leashed dogs are permitted in the reserve (designated trails only). According to the website, the "Islands Trust Fund's primary management priority for this protected area is to minimize trampling of the sensitive wetland complexes on the reserve." Further stated, the "Gabriola Land and Trails Trust acts as the on-island management group on behalf of the Islands Trust Fund."
Excerpt from the Elder Cedar Nature Reserve Management Plan:
Section 5.1.3 Permitted Uses
Dog Walking (leashed)
Pedestrian use of the Elder Cedar (S’ul-hween X’pey) Nature Reserve has permitted dogs
in the past. This activity will be permitted to continue provided that dogs remain on leash
at all times and that dog feces is picked up and deposited off-site. Facilities for dog
walkers will not be provided for on site and signage will indicate that dogs must be on
leash at access points and will provide reasons for this restriction. If it is observed that
dog walkers are allowing their dogs to run free within the reserve boundaries, the Islands
Trust Fund reserves the right to prohibit all dog access in the future.
Full Elder Cedar Nature Reserve Management Plan (PDF):
http://www.islandstrustfund.bc.ca/media/10349/itfmgmtplanecedar.pdf
Questions?
Islands Trust Fund BC
200-1627 Fort Street
Victoria, BC V8R 1H8
250-405-5186
itsmail@islandstrust.bc.ca
Note: if you have a complaint, enforcement may be directed to the RDN Bylaw Services, BC Conservation Officers or Gabriola RCMP.
Gabriola Island Local Trust Area Bylaws
According the website, Islands Trust is "a unique federation of local governments serving islands in the Salish Sea." The Gabriola Island Local Trust Area has the Gabriola Island Land Use Bylaw, No.177 v. May 2017 (PDF) bylaw that includes a section on dog-related home occupation use. The bylaw is enforced by the Islands Trust Bylaw Enforcement Team.
Excerpt from Gabriola Island Land Use Bylaw No. 177:
Section B.3.2 Permitted Home Occupations Uses
B.3.2.1. The following uses and no others are permitted as home occupations:
h. Animal training and grooming, not including kennels;
i. Veterinary clinic on lots larger than 2.0 ha (4.94 acres);
Full bylaw (PDF): http://www.islandstrust.bc.ca/media/344322/blgb177-lub-consolidated-may-30-2017.pdf
Gabriola Sounder article regarding outcome to proposed changes of dog sitting bylaws: http://www.soundernews.com/news/proposed-dog-sitting-bylaws-abandoned-by-trust-committee.html
Questions?
Islands Trust office
700 North Road, Gabriola
250-247-2063
www.islandstrust.bc.ca/islands/local-trust-areas/gabriola/
Excerpt from Gabriola Island Land Use Bylaw No. 177:
Section B.3.2 Permitted Home Occupations Uses
B.3.2.1. The following uses and no others are permitted as home occupations:
h. Animal training and grooming, not including kennels;
i. Veterinary clinic on lots larger than 2.0 ha (4.94 acres);
Full bylaw (PDF): http://www.islandstrust.bc.ca/media/344322/blgb177-lub-consolidated-may-30-2017.pdf
Gabriola Sounder article regarding outcome to proposed changes of dog sitting bylaws: http://www.soundernews.com/news/proposed-dog-sitting-bylaws-abandoned-by-trust-committee.html
Questions?
Islands Trust office
700 North Road, Gabriola
250-247-2063
www.islandstrust.bc.ca/islands/local-trust-areas/gabriola/
Province of British Columbia Laws
Provincial Parks on Gabriola
Gabriola has three provincial parks including, Gabriola Sands Provincial Park (known locally as Twin Beaches), Sandwell Provincial Park and Drumbeg Provincial Park and have different rules from the community and regional parks bylaws described above. All operations in the three parks are contracted to RLC Park Services (RLC Enterprize Ltd). RLC Park Services states that although they will take a complaint regarding dogs in the provincial parks (and beaches), the Vancouver Island-based staff can only discuss the rules with the dog's owner (if they happen to be in the park and owner can be located) and offer a verbal warning, but they do not have the authority to enforce provincial laws or issue tickets and fines.
Questions?
RLC Park Services
PO Box 272, Malahat, BC V0R 2L0
Phone 250-474-1336
www.rlcparks.ca
Questions?
RLC Park Services
PO Box 272, Malahat, BC V0R 2L0
Phone 250-474-1336
www.rlcparks.ca
Dogs and Vehicles
According to provincial laws, dogs on Gabriola are not to be transported on the exterior part of a motor vehicle (eg. in the back of an open pick-up truck) unless adequately contained or so the dog can't fall out. The BC Motor Vehicle Act is enforced by police officers.
Excerpt from the BC Motor Vehicle Act:
Transporting animals direct link
Sec 72 A person commits an offence if the person transports a living animal on the runningboard, fender, hood or other exterior part of a motor vehicle unless a suitable cage, carrier or guard rail is provided and is attached adequately to protect that animal from falling or being thrown from the vehicle.
Full BC MVA Act: http://www.bclaws.ca/civix/document/id/complete/statreg/96318_00
Questions?
Gabriola RCMP
525 South Road, Gabriola
250-247-8333
www.rcmp.gc.ca/detach/en/d/162
Excerpt from the BC Motor Vehicle Act:
Transporting animals direct link
Sec 72 A person commits an offence if the person transports a living animal on the runningboard, fender, hood or other exterior part of a motor vehicle unless a suitable cage, carrier or guard rail is provided and is attached adequately to protect that animal from falling or being thrown from the vehicle.
Full BC MVA Act: http://www.bclaws.ca/civix/document/id/complete/statreg/96318_00
Questions?
Gabriola RCMP
525 South Road, Gabriola
250-247-8333
www.rcmp.gc.ca/detach/en/d/162
Dogs and Wildlife
Gabriola is a rural island full of wildlife including deer, raccoons, feral turkeys and more. For the safety of both dogs and wildlife, dogs need to remain in your direct charge and control around wildlife, otherwise leash them in all areas where wildlife exists. As per the BC Wildlife Act, dogs must not hunt or pursue wildlife or game, and the Act is enforced by conservation officers or police officers.
Excerpts from the BC WIldlife Act:
Dogs hunting game direct link
Sec 78 A person commits an offence if the person causes or allows a dog to hunt or pursue
(a) wildlife or an endangered species or threatened species, or
(b) game, except in accordance with the regulations.
Destruction of animals direct link
Sec 79
(2) An officer may kill a dog that is (a) at large in a wildlife management area, or (b) at large and harassing wildlife.
Full Act: http://www.bclaws.ca/Recon/document/ID/freeside/00_96488_01
Excerpts from the BC WIldlife Act:
Dogs hunting game direct link
Sec 78 A person commits an offence if the person causes or allows a dog to hunt or pursue
(a) wildlife or an endangered species or threatened species, or
(b) game, except in accordance with the regulations.
Destruction of animals direct link
Sec 79
(2) An officer may kill a dog that is (a) at large in a wildlife management area, or (b) at large and harassing wildlife.
Full Act: http://www.bclaws.ca/Recon/document/ID/freeside/00_96488_01
|
British Columbia Conservation Officer Service 1-877-952-7277 Report a violation online: www.env.gov.bc.ca/cos/rapp/form.htm About Conservation Officer Service |
Dogs and Livestock
Gabriola is a rural island with farms and livestock. For the safety of both dogs and livestock, dogs are required to be in your direct charge and control around livestock, otherwise leashed in all areas where livestock exist. As per the BC Livestock Act, dogs must not "viciously pursue" and the Act is enforced by police officers.
Excerpts from the BC Livestock Act:
Definitions direct link
1 In this Act, "at large" does not apply to being
(a) tethered,
(b) in the direct or continuous charge of a person,
(c) confined in a structure, or
(d) on enclosed land owned or occupied by the owner of the livestock;
"livestock" means cattle, goats, horses, sheep, swine and game and includes any other animal designated by regulation;
Dogs causing injury or damage direct link
11.1 (2) A person may kill a dog if the person finds the dog
(a) running at large, and
(b) attacking or viciously pursuing livestock.
Full Act: http://www.bclaws.ca/civix/document/id/complete/statreg/96270_01
Interesting article of legal interpretation, Dogs vs Rancher (2013/2014): Part 1, Part 2, Part 3, Part 4
Questions?
Gabriola RCMP
525 South Road, Gabriola
250-247-8333
www.rcmp.gc.ca/detach/en/d/162
Excerpts from the BC Livestock Act:
Definitions direct link
1 In this Act, "at large" does not apply to being
(a) tethered,
(b) in the direct or continuous charge of a person,
(c) confined in a structure, or
(d) on enclosed land owned or occupied by the owner of the livestock;
"livestock" means cattle, goats, horses, sheep, swine and game and includes any other animal designated by regulation;
Dogs causing injury or damage direct link
11.1 (2) A person may kill a dog if the person finds the dog
(a) running at large, and
(b) attacking or viciously pursuing livestock.
Full Act: http://www.bclaws.ca/civix/document/id/complete/statreg/96270_01
Interesting article of legal interpretation, Dogs vs Rancher (2013/2014): Part 1, Part 2, Part 3, Part 4
Questions?
Gabriola RCMP
525 South Road, Gabriola
250-247-8333
www.rcmp.gc.ca/detach/en/d/162
Animal Cruelty
There are laws ensuring dogs (and other pets) receive a minimum standard of care and safety. British Columbia Society for the Prevention of Cruelty of Animals (BC SPCA) derives its powers to investigate and take action in instances of animal abuse and cruelty from Prevention of Cruelty to Animals Act. This Act outlines laws regarding standards of care for people responsibly for animals, safe transportation in vehicles and authority to enter without warrant (eg. dogs in hot cars).
Excerpts from the BC Prevention of Cruelty to Animals Act:
Part 1 Definitions direct link
Sec 1 (1) In this Act:
(2) For the purposes of this Act, an animal is in distress if it is
(a) deprived of adequate food, water, shelter, ventilation, light, space, exercise, care or veterinary treatment,
(a.1) kept in conditions that are unsanitary,
(a.2) not protected from excessive heat or cold,
(b) injured, sick, in pain or suffering, or
(c) abused or neglected.
Authorized agents direct link
Sec 10 (1) The society may appoint an officer or employee of the society or any other person as an authorized agent for the purposes of this Act.
(2) An authorized agent may exercise the powers of an authorized agent under this Act or any other law relating to the prevention of cruelty to animals only if he or she has been appointed as a special provincial constable under the Police Act.
Part 2.1 Duties of persons responsible for animals direct link
Sec 9.1 (1) A person responsible for an animal must care for the animal, including protecting the animal from circumstances that are likely to cause the animal to be in distress.
(2) A person responsible for an animal must not cause or permit the animal to be, or to continue to be, in distress.
Part 2.1 Transportation of animals direct link
Sec 9.3 (1) A person responsible for an animal must not transport the animal by vehicle unless the animal is
(a) inside the passenger compartment, or
(b) confined or secured in a manner that will prevent the animal from, (i) falling from the vehicle, (ii) being injured during transport, or (iii) causing a hazard to the safe operation of other vehicles.
Part 3 Authority to enter without a warrant direct link
Sec 14 (1) In this section, "critical distress" means distress in an animal of such a nature that
(a) immediate veterinary treatment cannot prolong the animal's life,
(b) prolonging the animal's life would result in the animal suffering unduly, or
(c) immediate veterinary intervention is necessary to prevent the imminent death of the animal.
(2) An authorized agent who believes on reasonable grounds that there is an animal in critical distress in any premises, other than a dwelling house, or in any vehicle, aircraft or vessel, may enter the premises, vehicle, aircraft or vessel without a warrant for the purpose of taking any action authorized by this Act to relieve that critical distress.
Part 4 Aid by police direct link
Sec 21 A peace officer must assist the authorized agents of the society in enforcing this or any other law relating to the prevention of cruelty to animals.
Full Act: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96372_01
Questions?
If you have concerns that a dog may be in distress, to make a complaint or for any questions regarding animal cruelty, contact the BC SPCA directly.
Animal Cruelty Reporting Hotline: 1-855-622-7722
Hours: Mon to Fri 9:00 a.m. to 5:30 p.m., Sat & Sun: 9:00 a.m. to 5:00 p.m.
If an animal is in immediate distress outside of these hours, contact the RCMP Gabriola Detachment.
Excerpts from the BC Prevention of Cruelty to Animals Act:
Part 1 Definitions direct link
Sec 1 (1) In this Act:
(2) For the purposes of this Act, an animal is in distress if it is
(a) deprived of adequate food, water, shelter, ventilation, light, space, exercise, care or veterinary treatment,
(a.1) kept in conditions that are unsanitary,
(a.2) not protected from excessive heat or cold,
(b) injured, sick, in pain or suffering, or
(c) abused or neglected.
Authorized agents direct link
Sec 10 (1) The society may appoint an officer or employee of the society or any other person as an authorized agent for the purposes of this Act.
(2) An authorized agent may exercise the powers of an authorized agent under this Act or any other law relating to the prevention of cruelty to animals only if he or she has been appointed as a special provincial constable under the Police Act.
Part 2.1 Duties of persons responsible for animals direct link
Sec 9.1 (1) A person responsible for an animal must care for the animal, including protecting the animal from circumstances that are likely to cause the animal to be in distress.
(2) A person responsible for an animal must not cause or permit the animal to be, or to continue to be, in distress.
Part 2.1 Transportation of animals direct link
Sec 9.3 (1) A person responsible for an animal must not transport the animal by vehicle unless the animal is
(a) inside the passenger compartment, or
(b) confined or secured in a manner that will prevent the animal from, (i) falling from the vehicle, (ii) being injured during transport, or (iii) causing a hazard to the safe operation of other vehicles.
Part 3 Authority to enter without a warrant direct link
Sec 14 (1) In this section, "critical distress" means distress in an animal of such a nature that
(a) immediate veterinary treatment cannot prolong the animal's life,
(b) prolonging the animal's life would result in the animal suffering unduly, or
(c) immediate veterinary intervention is necessary to prevent the imminent death of the animal.
(2) An authorized agent who believes on reasonable grounds that there is an animal in critical distress in any premises, other than a dwelling house, or in any vehicle, aircraft or vessel, may enter the premises, vehicle, aircraft or vessel without a warrant for the purpose of taking any action authorized by this Act to relieve that critical distress.
Part 4 Aid by police direct link
Sec 21 A peace officer must assist the authorized agents of the society in enforcing this or any other law relating to the prevention of cruelty to animals.
Full Act: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96372_01
Questions?
If you have concerns that a dog may be in distress, to make a complaint or for any questions regarding animal cruelty, contact the BC SPCA directly.
Animal Cruelty Reporting Hotline: 1-855-622-7722
Hours: Mon to Fri 9:00 a.m. to 5:30 p.m., Sat & Sun: 9:00 a.m. to 5:00 p.m.
If an animal is in immediate distress outside of these hours, contact the RCMP Gabriola Detachment.
Dogs in Restaurants
Gabriola is an island of great restaurants and cafes but dogs are not permitted in any food establishments as per the Public Health Act - Food Premises Regulations. The Public Health Act is enforced by public health inspectors.
Excerpts from the Public Health Act - Food Premises Regulations:
Definitions direct link
1 (1) In this regulation:
"food premises" means any place where food intended for public consumption is sold, offered for sale, supplied, handled, prepared, packaged, displayed, served, processed, stored, transported or dispensed;
"food service establishment" means food premises in which food is
(a) processed,
(b) served or dispensed to the public, and
(c) intended for immediate consumption,
but does not include food premises in which
(d) only prepackaged food that is not potentially hazardous food is served or dispensed to the public, or
(e) unpackaged food that is not potentially hazardous food is served or dispensed to the public if the service or dispensing does not result in the risk of a health hazard occurring;
Section 25 Animals direct Link
(1) Subject to subsection (2), an operator of food premises must not permit live animals to be on the premises.
(2) An operator of food premises may permit the following animals on the premises: (a) a guide dog or a service dog, as defined in the Guide Dog and Service Dog Act, but not in any area of the premises in which food is prepared, processed or stored;
Full Act: http://www.bclaws.ca/Recon/document/ID/freeside/00_08028_01
Questions?
Office of the Provincial Health Officer
250-952-1330 (Victoria, BC)
http://www2.gov.bc.ca/gov/content/health/about-bc-s-health-care-system/office-of-the-provincial-health-officer/laws-related-to-health-in-bc/food-safety-act
Excerpts from the Public Health Act - Food Premises Regulations:
Definitions direct link
1 (1) In this regulation:
"food premises" means any place where food intended for public consumption is sold, offered for sale, supplied, handled, prepared, packaged, displayed, served, processed, stored, transported or dispensed;
"food service establishment" means food premises in which food is
(a) processed,
(b) served or dispensed to the public, and
(c) intended for immediate consumption,
but does not include food premises in which
(d) only prepackaged food that is not potentially hazardous food is served or dispensed to the public, or
(e) unpackaged food that is not potentially hazardous food is served or dispensed to the public if the service or dispensing does not result in the risk of a health hazard occurring;
Section 25 Animals direct Link
(1) Subject to subsection (2), an operator of food premises must not permit live animals to be on the premises.
(2) An operator of food premises may permit the following animals on the premises: (a) a guide dog or a service dog, as defined in the Guide Dog and Service Dog Act, but not in any area of the premises in which food is prepared, processed or stored;
Full Act: http://www.bclaws.ca/Recon/document/ID/freeside/00_08028_01
Questions?
Office of the Provincial Health Officer
250-952-1330 (Victoria, BC)
http://www2.gov.bc.ca/gov/content/health/about-bc-s-health-care-system/office-of-the-provincial-health-officer/laws-related-to-health-in-bc/food-safety-act
Canadian Federal Laws
Cruelty to Animals
Our Criminal Code of Canada has laws regarding cruelty to animals and are enforced by police officers.
Excerpt from the Criminal Code of Canada:
Section 445.1 Cruelty to Animals | Causing unnecessary suffering
445.1 (1) Every one commits an offence who
(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
(b) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
(c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
(d) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
(e) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Full Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html
Questions?
Gabriola RCMP
525 South Road, Gabriola
250-247-8333
www.rcmp.gc.ca/detach/en/d/162
Excerpt from the Criminal Code of Canada:
Section 445.1 Cruelty to Animals | Causing unnecessary suffering
445.1 (1) Every one commits an offence who
(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
(b) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
(c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
(d) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
(e) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Full Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html
Questions?
Gabriola RCMP
525 South Road, Gabriola
250-247-8333
www.rcmp.gc.ca/detach/en/d/162
Note: any and all of the above is not provided as legal advice but provided for general information purposes only. If you can't resolve the issue yourself, contact the above contacts for assistance.
Note: The People's Law School has published an article, Animal Protection Law in BC (2008), that summarizes how some of the above laws apply to animals.
Have questions? Feel free to email dogsongabriola@gmail.com