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National Capital Commission Animal Regulations (SOR/2002-164)

Regulations are current to 2024-05-01

National Capital Commission Animal Regulations

SOR/2002-164

NATIONAL CAPITAL ACT

Registration 2002-04-25

National Capital Commission Animal Regulations

P.C. 2002-671  2002-04-25

Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to subsection 20(1) of the National Capital Act, hereby makes the annexed National Capital Commission Animal Regulations.

Interpretation

 The following definitions apply in these Regulations.

Capital Pathway

Capital Pathway means a mixed use recreational pathway on Commission land that has a paved or stone dust surface and has been marked by the Commission at access points maintained by the Commission and at intersections with signs or surface markings bearing the pictogram in the form set out in Schedule 2. (sentier de la capitale)

Commission land

Commission land means real property or immovables owned by the Commission or under the control and management of the Commission. (terrain de la Commission)

domestic animal

domestic animal means an animal of a species of vertebrates, other than fish, that has been domesticated by humans so as to live in a tame condition and depend on humans for survival. (animal domestique)

keeper

keeper means the owner of an animal or the person having charge of the animal, except where the owner or the person is a minor, in which case keeper means the father or mother of the minor or another adult responsible for the minor. (responsable)

leased agricultural property

leased agricultural property means Commission land, of which the Commission is the lessor, that is leased for commercial or non-commercial agricultural purposes, and includes any residence on the land. (propriété agricole louée)

leased land

leased land means leased agricultural property or leased residential property. (terrain loué)

leased residential property

leased residential property means Commission land, of which the Commission is the lessor, that is leased strictly for residential purposes. (propriété résidentielle louée)

off-leash area

off-leash area means an area on unleased land referred to in section 9. (aire pour animaux en liberté)

organized event

organized event means a temporary activity or a seasonal program that is organized or authorized by the Commission. (événement organisé)

peace officer

peace officer means

  • (a) a member of the Royal Canadian Mounted Police who is a peace officer;

  • (b) a person who is employed by the Commission as a conservation officer and who has been designated as a peace officer under paragraph 7(1)(d) of the Royal Canadian Mounted Police Act; or

  • (c) a police officer of the municipality in which the Commission land is situated. (agent de la paix)

picnic area

picnic area means an area that contains a group of picnic tables that are permanently affixed or chained to the ground, or that is identified by signs as a picnic area. (terrain de pique-nique)

shoreline

shoreline means the high-water mark. (ligne de rive)

trail

trail means a mixed use trail, other than a Capital Pathway, on Commission land that has been marked by the Commission at entry points and intersections with signs bearing the trail name or number or a pictogram. (sentier)

unleased land

unleased land means Commission land that is not subject to a lease between the Commission as lessor and another party as lessee. (terrain non loué)

Application

 These Regulations apply

  • (a) on all unleased land; and

  • (b) on all leased land that is subject to

    • (i) a lease entered into on or after the day on which these Regulations come into force that states that the lease is subject to these Regulations as amended from time to time, or

    • (ii) a lease that has been renewed or amended on or after the day on which these Regulations come into force that states that the lease, as renewed or amended, is subject to these Regulations as amended from time to time.

  •  (1) Sections 4 to 8 and subsection 10(2) do not apply to

    • (a) peace officers in the exercise of their duties;

    • (b) Commission employees in the exercise of their duties; or

    • (c) persons who are assisting a peace officer or a Commission employee in the exercise of the officer’s or employee’s duties.

  • (2) Subsections 6(1) and (2), section 8 and paragraph 20(1)(a) do not apply to a blind or visually impaired keeper of a guide dog, or to a physically disabled keeper of an assistance dog, while they are being accompanied by that dog.

Unleased Land — Prohibitions and Restrictions

General

  •  (1) No person shall have an animal other than a domestic animal on unleased land.

  • (2) No person shall have more than two domestic animals on unleased land at any one time.

  • (3) The prohibition in subsection (1) shall not have the effect of preventing the Commission from having, on Commission lands, wildlife indigenous to those lands.

Domestic Animals Other Than Hoofed Animals

 Sections 6 to 9 apply only to keepers of domestic animals other than hoofed animals.

  •  (1) Subject to subsection (2), no person shall have a domestic animal on unleased land except in the locations set out in Schedule 1.

  • (2) In the locations set out in Schedule 1, no person shall have a domestic animal in any of the following areas:

    • (a) a beach and its immediate environs, the boundaries of which are clearly identified by signs;

    • (b) a building;

    • (c) the campground located at LeBreton Flats;

    • (d) a picnic area, food concession area or outdoor restaurant;

    • (e) a play structure area;

    • (f) subject to subsection (3), within three metres of the shoreline of a body of water of a permanent nature;

    • (g) an area in which an organized event is being held; or

    • (h) any area of unleased land that is marked, in accordance with subsection 27(1), by signs as an area where domestic animals are prohibited.

  • (3) The prohibition contained in paragraph (2)(f) does not apply to the Queen Elizabeth Driveway corridor land or the Colonel By Drive corridor land.

  • (4) No person shall have a domestic animal referred to in section 5 in any area of unleased land that is marked, in accordance with subsection 27(2), by signs as a location where hoofed animals are permitted.

  • (5) Despite any other provision of these Regulations, the keeper of a domestic animal is authorized to cross, with their animal, any area of unleased land where such an animal is otherwise prohibited under these Regulations if the animal is restrained in accordance with subsection 7(1) and the animal is on a Capital Pathway or trail where the presence of that animal is permitted.

  •  (1) No person shall have a domestic animal on unleased land where domestic animals are permitted unless the animal is restrained in one of the following ways:

    • (a) subject to subsection (2), it is restrained on a leash or by the handle of a harness

      • (i) that is held by a person, or is securely attached to an object that cannot be displaced by the animal, and

      • (ii) that is not more than two metres (6.5 feet) long;

    • (b) it is in a container from which it cannot escape; or

    • (c) it is in a vehicle.

  • (2) No person shall, on unleased land,

    • (a) ski, rollerskate or rollerblade while having a domestic animal on a leash; or

    • (b) ride a bicycle, scooter or any other non-motorized vehicle — other than a wheelchair — while having a domestic animal on a leash or while having a domestic animal attached in some manner to the vehicle.

 Every keeper of a domestic animal shall immediately pick up any fecal matter deposited by the animal and shall remove the matter from unleased land.

  •  (1) Despite any other provision of these Regulations, the keeper of a domestic animal may allow the animal to run free on a portion of unleased land that the Commission has marked by signs as an off-leash area.

  • (2) The keeper of a domestic animal shall have the animal under control within the off-leash area.

  • (3) For the purposes of subsection (2), the keeper of a domestic animal is considered to have the animal under control if the animal, following a voice command or hand signal given by the keeper, obeys immediately and, as the case may be,

    • (a) stops attacking or chasing another animal or a person;

    • (b) stops any display of aggression toward another animal or a person;

    • (c) stops any behaviour toward a person that a reasonable person would find harassing or disturbing; and

    • (d) comes to and stays with the keeper.

  • (4) Despite any other provision of these Regulations, the keeper of a domestic animal is authorized, for the purpose of accessing an off-leash area, to cross, with their animal, any parking lot of the Commission adjacent to the area if the animal is restrained in accordance with subsection 7(1).

Hoofed Animals

  •  (1) This section applies only to keepers of hoofed animals.

  • (2) No person shall have a hoofed animal on any area of unleased land except in a location that the Commission has, in accordance with subsection 27(2), marked by signs as a location where hoofed animals are permitted.

  • (3) No person shall have a hoofed animal in a location referred to in subsection (2) unless it is restrained in one of the following ways:

    • (a) it is restrained by reins that are held by a person;

    • (b) it is restrained by a lead

      • (i) that is held by a person, or is securely attached to an object that cannot be displaced by the animal, and

      • (ii) that is not more than two metres (6.5 feet) long; or

    • (c) it is in a container from which it cannot escape.

  • (4) Despite any other provision of these Regulations, the keeper of a hoofed animal is authorized to cross, with their hoofed animal, any area of unleased land where a hoofed animal is otherwise prohibited under these Regulations if the animal is restrained in accordance with subsection (3) and the animal is on a trail where the presence of that animal is permitted.

Domestic Animals

 Sections 12 to 14 apply to keepers of all domestic animals.

  •  (1) No person shall use a domestic animal in an organized event on unleased land without the authorization of the Commission under subsection 28(1).

  • (2) No person shall use a domestic animal to pull a sled, wagon or other conveyance on unleased land except as part of an organized event in respect of which an authorization has been issued by the Commission under subsection 28(1).

 The keeper of a domestic animal shall not allow the animal, while on unleased land, to

  • (a) chase, attack, bite or injure a person or another animal or fight with another animal;

  • (b) damage property of the Commission;

  • (c) make noise for more than 15 minutes between the hours of 10:00 p.m. and 7:00 a.m.; or

  • (d) drink from, or get on or into, an ornamental or drinking fountain, or a body of water of a permanent nature surrounded by Commission land.

 The keeper of a domestic animal shall not, on unleased land, leave the animal unattended in a vehicle or container in excessive heat or cold that could endanger the health of the animal.

Leased Land — Prohibitions and Restrictions

General

  •  (1) No lessee shall have an animal other than a domestic animal on leased land.

  • (2) The keeper of a domestic animal shall not allow the animal, while on leased land, to

    • (a) chase, attack, bite or injure a person or another animal or fight with another animal;

    • (b) damage property of the Commission; or

    • (c) enter any body of water of a permanent nature surrounded by Commission land or drink from that body of water.

  • (3) The keeper of a domestic animal shall not, on leased land, leave the animal unattended in a vehicle or container in excessive heat or cold that could endanger the health of the animal.

  • (4) The keeper of a domestic animal shall not, on leased land, have the animal within three metres of the shoreline of any body of water of a permanent nature.

Leased Residential Property

 No person shall have a hoofed animal on leased residential property.

  •  (1) No lessee shall allow more than three domestic animals to be on the lessee’s leased residential property at one time, except if the additional animals are unweaned young of any of the three permitted animals.

  • (2) No lessee shall allow a domestic animal that is on the lessee’s leased residential property to make noise for more than 15 minutes between the hours of 10:00 p.m. and 7:00 a.m.

  • (3) Every lessee shall pick up and dispose of fecal matter deposited by a domestic animal on the lessee’s leased residential property.

 No person shall have a domestic animal on leased residential property unless it is restrained in one of the following ways:

  • (a) it is in the residence;

  • (b) it is restrained on a leash or by the handle of a harness

    • (i) that is held by a person, or is securely attached to an object that cannot be displaced by the animal, and

    • (ii) that is not more than two metres (6.5 feet) long;

  • (c) it is in a container from which it cannot escape;

  • (d) it is in an enclosure or behind a fence that is of a construction and dimensions sufficient to keep it within the limits of the property; or

  • (e) it is in a location on the property controlled by an invisible electronic fencing system.

Leased Agricultural Property

 A lessee of leased agricultural property who is the keeper of a domestic animal shall use effective measures to keep it within the limits of the property.

Powers of Peace Officers

  •  (1) A peace officer shall order the keeper of an animal to remove the animal from Commission land if

    • (a) the animal is on Commission land in a location where the keeper is prohibited from having the animal without the authorization of the Commission under subsection 28(1) and the keeper has not obtained that authorization; or

    • (b) the peace officer believes, on reasonable grounds, that the animal is acting in a dangerous or destructive fashion.

  • (2) Every person to whom an order is given under subsection (1) shall comply with that order.

 

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