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

1 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

49  (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.