Item - 2016.LS13.2

The Licensing and Standards Committee recommends that:

1.  City Council request the Government of Ontario for authority to enforce the Ontario Society for the Prevention of Cruelty to Animals Act in the City of Toronto.

In recent weeks I learned that Municipal Licensing and Standards Officers (MSOs) have the ability to obtain warrants to inspect properties at which the property owner has refused entry; however, while available, this tool is not typically used.

Similarly, I have historically been told that Municipal Licensing and Standards (MLS) does not have the authority to close down problem establishments; yet in recent weeks, we saw the Executive Director exercise authority granted under section 86(2) of the City of Toronto Act, 2006 to immediately suspend the licence of Cloud 9 Café at 1530 Danforth Avenue for 14 days, and to bring the Licensee before the Toronto Licensing Tribunal. I was pleased to learn of and see this authority exercised, but was perplexed as to why it has not been exercised in the past for locations that were similarly problematic in Ward 11 and across the City.

As directed by Licensing and Standards Committee at its meeting of May 19, 2016, this report summarizes the enforcement tools available to Municipal Licensing and Standards (ML&S) that are prescribed in bylaws and authorized by provincial legislation and describes the circumstances when they may be sought. The goal of enforcement action is always compliance; ML&S officers use discretion to determine which tool will best achieve compliance subject to the circumstances.

ML&S is responsible for ensuring that enforcement action is appropriate; impartial and independent; and balanced, fair and consistent.