Item - 2016.LS15.1

The Licensing and Standards Committee recommends that:

1.  Attachment 1 to the report (November 16, 2016) from the Executive Director, Municipal Licensing and Standards, be amended so that, prior to the determination of a dangerous dog, the Executive Director, Municipal Licensing and Standards consider whether the dog was acting in self-defence when the dangerous act leading to the order to comply under Chapter 349-15 occurred.

2.  Chapter 349, Animals, 349-8. Tethers, be amended to prohibit the tethering of an animal for no longer than one hour and the use of choke collars, choke chains, pronged collars or any similar device on dogs.

3.  City Council approve amendments to Chapter 349, Animals as described in Attachment 1 to the report (November 16, 2016) from the Executive Director, Municipal Licensing and Standards, and as amended by Recommendations 1 and 2 above.

4.  City Council direct that the amendments to Chapter 349, set out in Recommendations 1, 2 and 3 above, come into force on March 1, 2017.

5.  City Council direct the Executive Director, Municipal Licensing and Standards, to report to the Budget Committee, through the 2017 budget process, on the retention of a consultant, with a budget of a minimum of $60,000, to assist the City of Toronto on animal welfare and related issues, including:

a. improving animal welfare in Toronto and the coordinated delivery of animal-related services, including the delivery of effective, locally provided enforcement of animal welfare laws, integrated with a humane-based approach to animal control and any other animal-related services; and

b. developing an approach to the provincial government that with a request top authorize the City of Toronto to enforce provincial animal legislation,

and further that the firm/consultant have, at a minimum, knowledge of the following:

a. The Ontario Society for the Prevention of Cruelty to Animals Act
b. The Animal Health Act
c. The Animals for Research Act
d. The Dog Owners Liability Act
e. The Fish and Wildlife Conservation Act
f. The Emergency Management Act
g. The Criminal Code of Canada
h. The Health of Animals Act
I. The Canadian Food Inspection Agency Act,
 

and experience that includes:

a. working with the above mentioned acts;

b. senior level experience in the animal welfare field; and

c. working with a broad range of stakeholders, both government and non-government.

The Licensing and Standards Committee:

1.  Requested the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee on ways and means to prevent abusive owners from owning dogs and/or other animals in the future.

2.  Requested the Executive Director, Municipal Licensing and Standards to report back to the April 18, 2017 meeting of Licensing and Standards Committee on an update to the City's animal welfare legislation, including addressing the following issues:

a. mandatory microchipping for all cats and dogs;

b. mandatory spay/neuter for cats;

c. anit-roaming bylaw for cats;

d. updating the City's prohibited animals list; and

e. wildlife control.

This report proposes amendments to Toronto Municipal Code, Chapter 349, Animals to better prevent dog bites, mitigate risks associated with dangerous dogs and hold owners responsible for their dog.

Specifically, the report proposes:

• New definitions for dangerous dog, dangerous act, attack and extreme weather
• Requirements for owners of a dangerous dog of muzzling, microchipping, special dog tags, warning signage, prohibition from off-leash parks and training
• An extreme weather provision to ensure that the dog is adequately protected from the elements
• Time limit of three consecutive hours that a dog can be tethered
• A prohibition on the use of choke collars, choke chains, pronged collars or any similar device on dogs for tethering
• No person shall walk and have control over more than three dogs unless authorized by a commercial dog walker permit
• The owner of the dog may appeal the order to comply with the dangerous dog requirements and the Executive Director, Municipal Licensing and Standards may consider whether the dog was acting in self-defence when the dangerous act occurred
• Increased and continuing fines for those who do not comply

These proposed amendments were presented to Licensing and Standards Committee at its meeting of September 21, 2016, and received support from the Committee.

Since that meeting, staff posted a survey online for the public to comment on the proposed changes. There were over 5,000 respondents to the survey with a majority supporting the amendments.