The hot topic of off-leash dogs in Greater Victoria parks, trails and beaches is on the loose again.
Reigniting the conversation is a recent appeal to the Environmental Protection Tribunal of Canada, made by a dog owner who was fined $400 for walking two dogs off-leash along Cadboro Bay Beach, which is within the Victoria Harbour Migratory Bird Sanctuary.
Migratory bird sanctuary regulations say cat and dog owners are not permitted to allow their animal “to run at large” within the protected area, which was challenged by the dog owner, who questioned the definition of "at large." Providing evidence the dogs in question are “well trained, with excellent recall” when off-leash, the owner argued the rules do not apply.
But the appeal was dismissed, with the review officer supporting Environment and Climate Change Canada’s interpretation of a dog “unleashed” within a migratory bird sanctuary as being the same as “at large,” regardless of how well-trained the animal is.
The decision has been welcomed by wildlife enthusiasts, including Curby Klaibert from the Saanich and Oak Bay Safety Network, who hopes it sends a clear message to not walk dogs off-leash at Cadboro Bay Beach or any other area with a bylaw that prohibits it.
“A wildlife preserve is a wildlife preserve … like don't putz around with it,” he said.
Friends of Victoria Harbour Migratory Bird Sanctuary chair Jacques Sirois says he too is "very happy" the fine was upheld, but feels there needs to be more enforcement to protect the “historic sanctuary.”
Dog walkers on Cadboro Bay Beach aren’t in agreement, urging a more holistic approach to enforcement.
“My view is that running at large is more like ‘the criminal has escaped custody and is now at large’ – it's a common sense thing,” said one local resident of 33 years. “I deny that dogs are a big problem for birds down here. I think that this thing is blown way out of proportion.”
“I’ve seen toddlers chasing birds, where does it end?” said another dog owner.
First designated as a sanctuary in 1923 to control the hunting of birds, the Victoria Harbour Migratory Bird Sanctuary stretches along 30 kilometres of coastline from Portage Inlet to Cadboro Bay and is used by around 270 bird species including seabirds, waterbirds and shorebirds.
Both established in 1931, the Esquimalt Lagoon and Shoal Harbour bird sanctuaries add another 40 kilometres of federally protected shoreline in Greater Victoria, where the same “at large” rules apply for cats and dogs.
The stretch of coastline between Victoria Harbour and Shoal Harbour sanctuaries is currently not protected by migratory bird sanctuary regulations. But wildlife campaigners are keen for the two to be connected, launching a petition last year calling on the federal government to create a new Salish Sea migratory bird sanctuary.
While it remains outside of federal protection, different rules for dogs apply, according to the municipality responsible for that area of coastline.
At Island View Beach in Central Saanich, seasonal rules apply – from June 1 to Sept. 15, dogs must be leashed when passing through beach and picnic areas. Additional signs at the beach encourage dog owners to keep their animals away from wildlife.
Sirois describes the scene at Island View Beach as a “free for all” for off-leash dogs.
“The beach is one of the best birding sites in Greater Victoria, but it is used as a dog park, it’s a sad story,” he said.
At PKOLS Mount Douglas Park, the beach is leash-optional for dogs, except for May through August, when they are prohibited after 9 a.m.
“There is a tsunami of dogs off-leash there,” said Sirois, who says the impact of dogs goes beyond the beach.
“The dog owners are literally vandalizing the park,” he adds, “They are trashing the place, it’s ecological vandalism.”
Eulala Mills, president of the CRD Dog Owners and friends for Good Governance Society (CRD DOGGS), “fervently believes” there are areas that should be protected, but questions the validity of the current migratory bird sanctuary regulations, describing them as “archaic” and in need of a “proper environmental review.”
“It was written to protect nesting sites and wildlife, like wetlands … that just don't exist anymore because they've been built over,” she said, offering Cadboro Bay Beach as an example. “The houses are built up to the beach.
“[The regulations] have been leveraged, but not in a balanced way,” she adds. “A lot of these beaches are incredibly busy, full of people as well as dogs … they’re not sanctuary-like, others are very much sanctuary-like."
Formed in 2023 in response to changes to Saanich bylaws – which reduced the number of leash-optional areas in the municipality, dividing the community – CRD DOGGS calls for “fair and a reasonable amount of access” to beaches, parks and trails.
“Our perspective is about balance, sharing and shared decision-making,” she said. “We're not standing on the sideline saying every space should be available for off-leash dogs. That's not our stance.
“We've said from the very beginning that this is best managed by education, good signage and proper protection of truly sensitive areas. Dog owners pay the same taxes as non-dog owners.”
Above the high-tide line of Greater Victoria’s bird sanctuaries, different municipal bylaw rules apply, which can vary and cause confusion for dog owners, says Sirois.
The Capital Regional District (CRD) enforces animal control bylaws for Saanich, Langford, Colwood, North Saanich, Central Saanich, Sooke, Gulf Islands, Metchosin, Salt Spring Island, View Royal, Sidney, Juan de Fuca Electoral Area and Highlands.
In 2023 the CRD received 1,217 complaints about ‘dogs not under control’, in 2024 the number rose to 1,280.
“We need municipal dog bylaws to be harmonized with federal migratory bird sanctuary regulations,” said Sirois.
CRD DOGGS does not agree. Education is key to resolving the problem, says Mills, who wants training available to all dog owners to educate them on what the expectations are in leash-optional areas.
“In most cases, it means off-leash under control,” she says. “It doesn't mean off-leash and running wildly at people who haven't invited it – that’s an education issue.”
The CRD defines 'under control' as having a clear line of sight to the dog at all times, with the animal "immediately" returning to the owner when called or signalled.
While the focus of the current debate is off-leash dogs and their owners, Sirois believes the issue is a “pro-nature” one, not an “anti-dog” one.
“Nature is the best ingredient in modern-day cities … it makes people happier and healthier,” he says. “Here in Greater Victoria, we're busy restoring everything … marshes, forests, so we don't need people to vandalize or trash the sites that we're restoring.”
Opinions may differ on the extent of off-leash dog regulations in Greater Victoria, but both parties agree there needs to be a more collaborative discussion on the subject.
“We need a serious adult conversation,” said Sirois.
An invitation welcomed by Mills, who feels the lack of collaboration has exacerbated the divide. “And so you get people out there in the world saying extreme things about either the people who are fighting for environmental activism or the people who are fighting for off-leash freedom," she says.
“And neither of them are true, they need to come to the middle.”
