WHEREAS many municipalities are facing the problem of rabbit abandonment and proliferation in city parks and public areas; AND WHEREAS feral rabbits can cause significant property damage, and pose a hazard to public health and safety: THEREFORE BE IT RESOLVED that the provincial government be requested to implement legislation to regulate the sale of unsterilized rabbits.
Ministry of Community, Sport and Cultural Development Under the Community Charter s. 83k, municipalities have the authority to adopt bylaws to regulate, prohibit and impose requirements in relation to animals, subject to any provincial regulations. B.C. Regulation 1442004 Community Charter Spheres of Concurrent Jurisdiction - Environment and Wildlife Regulation identifies rabbits as alien invasive species. Therefore, municipalities are authorized to control and eradicate those alien invasive species, except in cases where the species is part of a farm operation as defined under the Farm Practices Protection Right to Farm Act. Additionally, Community Charter s. 86 authorizes municipalities to regulate in relation to businesses. In relation to a bylaw banning the sale of puppies and dogs from pet stores, the British Columbia Supreme Court in International Bio Research v. Richmond City, 2011 BCSC 471 found that this authority could be used to prohibit such sales provided there is a valid municipal purpose for doing so and the bylaw is not unreasonable or otherwise impermissibly discriminatory. Given the potential scope of municipal regulatory authority, the Provincial Government does not intend to pursue legislation to regulate the sale of unsterilized rabbits at this time.