Dogs can attack with Impunity at CFB Borden?

[TCM621]

More of a legal question than admin but there is such a wealth of knowledge here, I was hoping for some  insight in to this situation.\

First some background. My dog was attacked in the PMQs while my wife was walking it the other day by a bunch of other dogs who had gotten out of their house. My dog wasn't seriously injuried, just some puncture wounds and a small tear on the ear. And the owner has accepted responsibility for the situation and will pay the vet bill. So everything will work out in the end,

However, my wife was dealing with the MPs and was told that because the base commander has not signed an agreement with the Township of Essa, the bylaw enforcement officers can not take any action. Not withstanding the fact that I have to buy a license from them (for nothing apparently),  it seems that had the other owner been less co-operative or my dog more seriously injured that they could not enforce things like the Ontario Dog Liability Act. This would cover things like forcing owners of dangerous dogs to have them muzzled and pay damages.

Does this mean that owners can let their dogs run wild and attack anyone they want because their are no enforceable laws against it? That doesn't jive with my understanding of the law when it comes to DND property.

 

[DVC185]

Interesting. Hope your dog is OK.

Who said you must purchase a dog tag? And from whom must the dog tag be purchased? Is this a Base Standing Order?

 

[kratz]

Have you talked about this with the Mayor? or your Ward Council member?
Yes, the Base Borden Communiity Council does meet monthly and deal with these issues.

 

[Fishbone Jones]

Years ago, I know of a dog bite situation in Pet. The township had no authority. The MP's took the dog and put it in a private kennel. The case, because it happened on base, was federal, not township or provincial. Had the parties pursued things, it would have been dealt with federally.

 

[PAdm]

The community council is a good route, as is CFHA as tenants sign an occupancy licence.  But when in doubt, there is always the your CO call their CO route.  Sometimes folks need to be reminded that they live in a military community and there is an obligation to not just be civil and keep the peace, but to make amends when an accident occurs.

 

[navymich]

From the CFHA Occupant Handbook (http://www.cfha-alfc.forces.gc.ca/custsvcs-svcclients/oh-go/oh-go-8-eng.aspx#81), highlighted items mine:

Domestic Pets
You will need to consult and adhere to the local municipal by-laws and the base standing orders regarding domestic pets. In accordance with the above, the HSC will limit the kind and number of domestic pets you are allowed to have in your house, or ban them completely.

If you own a pet(s), these are CFHA regulations that must also be followed:

Your pets cannot bother other neighbours or damage property. You could be held legally responsible for any injuries or damage caused by your pets to persons, property or other pets. These damages include, but are not limited to:
Any additional cleaning including the removal of pet hair; remedial work or replacement of carpets where there are urine or feces stains and odours which cannot be removed; and fumigation for fleas and ticks;
The repair of damage to walls, screens or scratching of glass panels;
Any damage to landscaping or fences;
Dogs must be kept under effective restraint and cannot run loose beyond the property boundary. Dogs left outdoors unattended must be fenced in or tethered on a leash that will restrict them to the property boundary. Please do not use clothes lines to tether your dog(s). Cats do not normally need to be restrained to the same extent as dogs unless complaints are received that they are a nuisance or are causing damage;
You are responsible for cleaning up and immediately throwing out any pet waste left on any property by your dog or cat (stoop and scoop); and
Where applicable, you need to buy licences for all pets belonging to the household.

 

[brihard]

Does this mean that owners can let their dogs run wild and attack anyone they want because their are no enforceable laws against it? That doesn't jive with my understanding of the law when it comes to DND property.

In a worse scenario, criminal law against negligence is still applicable and enforceable.

 

[Delaney1986]

Interesting. Hope your dog is OK.

Who said you must purchase a dog tag? And from whom must the dog tag be purchased? Is this a Base Standing Order?

I know it isn't the same Base but in Gagetown the city cracked down really hard the last couple of years on dog's that weren't registered with the city. Literally, they were knocking on doors sometimes and asking people if they had dogs that were unregistered because they could be fined. We always registered our dog so it wasn't a big deal for us but some people we know got dinged with fines. I believe when we moved CFHA mentioned as well it had to be done. However, MPs don't have jurisdiction in Oromocto for the Q's either, it falls under RCMP.

Hope everything works out for the OP. Glad your dog is ok!

 

[TCM621]

Just to be clear, I am reasonably sure everything will work out with regard to paying the vet bill. I should have to rely on statutes to enforce payment. However, it does seem weird to me that the MPs could not enforce provincial laws. How would they enforce vehicle laws? I was always under the impression that we could be held to all the laws of the land plus the NDA. I also will be talking to CFHA as to how they can force me to pay for a license that has no juridiction and provides no benefit.

 

[Haggis]

In a worse scenario, criminal law against negligence is still applicable and enforceable.

It might be more effective to use the Ontario Dog Owner's Liability Act.

 

[TCM621]

It might be more effective to use the Ontario Dog Owner's Liability Act.

But apparently that is unenforcable on base.....

 

[Fishbone Jones]

It might be more effective to use the Ontario Dog Owner's Liability Act.

But apparently that is unenforcable on base.....

Federal property, federal case.