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Copyright © 2012: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2012


NEWFOUNDLAND AND LABRADOR REGULATION 41/12

NEWFOUNDLAND AND LABRADOR
REGULATION 41/12

Nuisance Animals Regulations
under the
Animal Health and Protection Act
(O.C. 2012-103)

(Filed May 2, 2012)

Under the authority of sections 45 and 66 of the Animal Health and Protection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, May 2, 2012.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Exception to tethering outside local government areas

        4.   Exception to tethering - dog park

        5.   Non-application to islands - Labrador Inuit Lands

        6.   Impounding - time periods

        7.   Impounding

        8.   Repeal

        9.   Commencement


Short title

        1. These regulations may be cited as the Nuisance Animals Regulations.                  

Definitions

        2. In these regulations

             (a)  "Act" means the Animal Health and Protection Act except where the context indicates otherwise;

             (b)  "Labrador Inuit Lands" means Labrador Inuit Lands as defined under the Labrador Inuit Land Claims Agreement Act; and

             (c)  "local government area" means an area within the boundaries of the City of St. John`s, the City of Corner Brook, the City of Mount Pearl, a municipality or local service district continued or established under the Municipalities Act, 1999, a community established under a land claims agreement made under section 35 of the Constitution Act, 1982 (Canada), a reserve established under the Indian Act (Canada), or a community established by a self-government agreement under provincial law.

Exception to tethering outside local government areas

        3. Notwithstanding subsection 32(1) of the Act, a dog need not be tethered or penned up outside of a local government area where

             (a)  it is kept under the direct control of its owner; and

             (b)  the keeping of the dog outside the local government area is not prohibited or otherwise regulated under another law, including the following Acts and regulations, by-laws and orders made under those Acts respecting the keeping of dogs:

                      (i)  Fish Inspection Act;

                     (ii)  Labrador Inuit Land Claims Agreement Act;

                    (iii)  Lands Act;

                    (iv)  Provincial Parks Act;

                     (v)  Wilderness and Ecological Reserves Act; and

                    (vi)  Wild Life Act.

Exception to tethering - dog park

        4. Notwithstanding subsection 32(1) of the Act, a dog need not be tethered or penned up where it is in a recognized dog park.

Non-application to islands - Labrador Inuit Lands

        5. Section 32 of the Act and section 3 of these regulations do not apply to islands that are Labrador Inuit Lands on which sled dogs are kept not tethered, penned or under the direct control of the sled dog owner.

Impounding - time periods

        6. (1) The time period in which an owner shall pay reasonable costs under subsection 39(3) of the Act to an impounder is 10 days following the day that the owner's animal is impounded.

             (2)  The time period in which an owner may apply to the minister under subsection 39(6) of the Act is one year following the date of the sale of that owner's animal.

Impounding

        7. The minister may set terms and conditions in the authorization to a person to impound livestock under section 39 of the Act.

Repeal

        8. The Livestock Regulations, Consolidated Newfoundland and Labrador Regulation 19/96, are repealed.

Commencement

        9. These regulations come into force on May 2, 2012.