Commercial Dog Care and Kennel Facility By-law — Chapter 36
Colchester, Nova Scotia
· adopted 2025-04-24
This is the exact embedded text of the captured official document.
Snapshot 2e58aa5ffbf9 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
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1.
Title, Purpose and Scope:
1.1
This By-law is enacted pursuant to Section 172 of the Municipal Government Act
S.N.S 1998, c. 18 as amended from time to time and shall be known and may be
cited as the "Commercial Dog Care and Kennel Facility By-law" of the Municipality of
Colchester and shall apply to all lands within the Municipality of the County of
Colchester.
1.2
The purpose of this By-law is to establish standards for the siting of commercial dog
care and kennel facilities to ensure compatibility with adjacent land uses and to
establish design standards for outdoor dog enclosures and runs to moderate noise
from barking dogs.
1.3
This By-law does not exempt any person from complying with the requirements of
other By-laws or regulations in force within the Municipality of the County of
Colchester and from obtaining any licence, permission, permit, authority or approval
required by the Municipality, the Province of Nova Scotia, and/or the Government of
Canada.
1.4
This By-law shall apply to all Facilities existing before the coming into force of this By-
law except as exempted herein. For greater certainty, the requirements of
paragraphs 4.1 to 4.4 inclusive shall not apply to existing Facilities.
1.5
This By-law only applies to the licence, permission, permit, authority or approval
granted prior to the effective date of the Municipality of Colchester Municipal
Planning Strategy and Land Use By-law.
2.
Definitions:
For the purposes of this By-law:
2.1 "Adjacent Dwelling" means any dwelling unit not on the property on which a Commercial
Dog Care and/or Kennel Facility is located.
2.2 "Animal Control Officer" means the Municipality's Dog Control Officer or Animal Control
Officer appointed by the Chief Administrative Officer or Council.
2.3 "Appeals Committee" means the Appeals Committee appointed pursuant to the Appeals
Committee By-law.
2.4 "Commercial Dog Care and Kennel Facility", "Facility" or "Facilities" means any land,
building, structure, outdoor enclosure or other facility where dogs are kept, boarded or
bred for commercial purposes. A commercial dog care facility may include daily and
overnight boarding, breeding facilities, kennels and dog daycares or combination
thereof. For greater certainty, activities exempt from this By-law include:
2.4.1 Veterinary clinics;
Chapter 36
Commercial Dog Care and Kennel Facility By-law
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2.4.2 Grooming businesses that do not provide any form of unattended care and do not
have an outdoor dog enclosure or run;
2.4.3 Training facilities where each attending dog is handled at all times by either the
owner or trainer and in which the facility has no boarding capacity;
2.4.4 Hobby or occasional breeding where no more than four litters for smaller breeds
up to 20 lbs and two litters for those breeds over 20 lbs, are bred per
calendar year on the premises, regardless of the number of mating pairs that
may reside on the premises;
2.4.5 Personal ownership or fostering through a recognized animal welfare organization
of any number of dogs for which there is no financial remuneration made for
any care or services provided.
2.5 "Committee" means the Standing Committee designated under this By-law.
2.6 "Development Officer" shall mean the Development Officer appointed by the Council of
Municipality of the County of Colchester.
2.7 "Permit" means a Commercial Dog Care and Kennel Facility Permit issued pursuant to
this By-law.
2.8 "Municipality" means the Municipality of the County of Colchester.
2.9 "Outdoor Dog Enclosure" or "Run" means an area of land that is fenced in accordance
with the requirements of this By-law and is intended to provide a secure outdoor area for
dogs to socialize, exercise and/or relieve themselves.
2.10"Owner" and "Operator" mean respectively any owner or operator of a commercial dog
care and kennel facility for which a Permit is required under this By-law.
3.
Administration:
3.1
No person shall establish, alter, expand or modify a commercial dog care or kennel
facility in the Municipality of the County of Colchester without first having obtained a
Commercial Dog Care and Kennel Facility Permit from the Development Officer.
3.2
Notwithstanding 3.1 above, a commercial dog care or kennel facility lawfully existing
on the effective date of this By-law shall be deemed to be permitted under Section
3.1 above and may continue to exist without being required to meet the locational
requirements and conditions of paragraphs 4.1 to 4.4 inclusive. Any expansion,
alteration or modification to such a facility after the effective date of this By-law will,
however, be subject to such locational requirements and conditions and these shall
apply only to the expansion, alteration or modification.
3.3
A Permit for a commercial dog care or kennel facility shall be issued by the
Development Officer subject to the following requirements:
3.3.1 The owner and/or operator shall submit a completed application form hereto
attached as Schedule "A";
3.3.2 The Application shall be co-signed by the registered property owner if the
premises are not owned by the owner and/or operator.
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3.3.3 A completed application form is accompanied with an application fee as set out
in the Municipal Fees Policy approved by Council.
3.3.4 The requirements contained in Section 4 of this By-law have been met.
3.3.5 Any additional requirements prescribed under the Municipality's Land Use By-
laws have been met.
3.4
Duration of Permit:
3.4.1 A Permit issued or deemed pursuant to 3.2 under this By-law shall remain in
effect during the continuous operation of the commercial dog care and kennel
facility;
3.4.2 Should a commercial dog care and kennel facility cease to operate for a period
of twelve (12) months or more, the facility owner and/or operator may reapply
for a Permit to re-establish the facility provided all requirements of this By-law,
including Section 4, can be satisfied.
3.4.3 A Permit issued or deemed pursuant to 3.2 under this By-law shall
automatically lapse and become null and void if the commercial dog care and
kennel facility has not been established within one (1) year of the issuance of
the Permit.
3.5
Notice of Decision:
3.5.1 Within a reasonable amount of time of receiving a completed application for a
Commercial Dog Care and Kennel Facility Permit, the Development Officer shall
either issue the Permit or notify the Applicant of a decision to refuse the
issuance of the Permit;
3.5.2 A decision to refuse an application for a Commercial Dog Care and Kennel
Facility Permit shall be served to the Applicant in writing by ordinary mail and
shall include the reasons for not issuing the permit.
4.
Locational Requirements and Conditions:
4.1
An application for a Commercial Dog Care and Kennel Facility Permit shall meet the
following requirements:
4.1.1 Any proposed outdoor dog enclosure shall be located a minimum of 150
meters from an adjacent dwelling unit existing on the date the application for a
Permit was made; and,
4.1.2 Any proposed building or outdoor dog enclosure shall be located a minimum of
15 meters from any property line.
4.2
The perimeter of an outdoor dog enclosure shall be screened with an opaque
material such as a solid board fence to a height of 2 meters;
4.3
Notwithstanding 4.1.1 above, an outdoor dog enclosure may be located a minimum
of 100 meters from a dwelling unit existing on the effective date of this By-law
provided a 2.5-meter-wide acoustical buffer is provided and maintained around the
infringing side(s) of an outdoor dog enclosure at a distance of 3 meters and no more
than 5 meters from the fence. The acoustical buffer shall comprise the following:
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4.3.1 coniferous trees having a minimum height of 2 meters and planted at a rate
of 1.5 meters on center in a staggered arrangement for the entire depth and
area; or,
4.3.2 an earthen berm having a minimum height of 2 meters; or,
4.3.3 notwithstanding the required distances above, a synthetic acoustical
treatment attached to the fence and designed for such purposes which is
installed in accordance with the manufacturer's specifications.
4.4
Buildings devoted to the commercial dog care and kennel facility shall be constructed
in accordance with the Municipality's Building By-law and have a minimum insulating
value of R-12 for walls and R-20 for ceilings.
4.5
Noise Control:
4.5.1 The owner and/or operator of a commercial dog care and kennel facility shall
take all reasonable efforts to control the behaviour and barking of dogs kept
in an outdoor enclosure or run in order to minimize disruption to the
surrounding neighborhood.
4.5.2 If in the opinion of the Animal Control Officer, the owner and / or operator of
the Facility is not meeting its obligations of 4.5.1 above, the Animal Control
Officer has the discretion to suspend or revoke the Permit, including any
Facility deemed to be permitted under paragraph 3.2 above.
5.
Enforcement:
5.1
Right of Inspection:
Subject to any restrictions or limitations contained in valid and applicable
constitutional, federal or provincial law, the Development Officer and any employees
of the Municipality authorized by the Development Officer, including the Animal
Control Officer, to assist in the administration of this By-law may, for purposes of
inspection, maintenance and enforcement, including attempting to determine
whether this By-law is being or has been contravened, gathering evidence of a
possible contravention, or attempting to prevent a contravention or a continuation of
a contravention of the By-law, with a warrant or other legal process where required by
law, but otherwise without a warrant enter upon or into private property, take
photographs, video tape or otherwise record or preserve evidence, and disturb or
interfere with people or properties to the extent reasonably necessary therefore.
5.2
Offence:
It shall be an offence to:
5.2.1 contravene any provision of this By-law, including any permit requirement,
location condition or condition of operation;
5.2.2 contravene any condition specified on a Commercial Dog Care and Kennel
Facility Permit;
5.2.3 fail to comply with any representations contained within an application in
respect of which a permit has been issued.
5.3
Punishment:
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Offences pursuant to subsection 5.2 are punishable on summary conviction by a fine
of not less than $1,000 and not more than $10,000 and to imprisonment of not
more than two months in default of payment thereof.
5.4
Appeals:
Any person who, upon application, is refused a Commercial Dog Care and Kennel
Facility Permit or whose commercial dog care and kennel facility permit is suspended
or revoked may, by written notice to the Development Officer, within 14 days of
receiving written notification of the refusal, suspension or revocation, file an appeal
to the Appeals Committee and the Committee shall hear the appeal at a hearing
within 60 days of the filing of the appeal and Appeals Committee may allow the
appeal, dismiss the appeal or vary the decision under appeal.
6.
Severability:
It is hereby declared that each and every of the foregoing Sections of this By-law is
severable and that if any provision of this By-law should for any reason be declared invalid
by any court, it is the intention and desire of the Council of the Municipality of the County
of Colchester that each and every of the then remaining provisions hereof should remain
in full force and effect.
THIS IS TO CERTIFY, that amendments to Chapter 36 - Commercial Dog Care and Kennel Facility By-law were duly
approved at a duly called meeting of the Municipal Council of the Municipality of the County of Colchester, duly
convened and held on the 24th day of April, 2025.
GIVEN under the hand of the Municipal Clerk and under the corporate seal of said Municipality on this 8th day of
May, 2025
Dan Troke
Municipal Clerk
First Reading: February 27, 2025
Notice of Intent: April 8, 2025 (Municipal website)
Second Reading: April 24, 2025
Notice of Approval: May 8, 2025 (Truro News)
I, Dan Troke, Municipal Clerk of the Municipality of
the County of Colchester, do hereby certify that
the adjacent Notice of Approval is a true copy of
the Notice of Approval of Chapter 36 -
Commercial Dog Care and Kennel Facility By-law,
duly advertised in the Thursday, May 8, 2025,
issue of the Truro News.
Given under the hand of the Municipal Clerk and
under the corporate seal of said Municipality this
8th day of May, 2025.
Dan Troke
Municipal Clerk