Item - 2022.EC30.5

The Executive Director, Municipal Licensing and Standards recommends that:  

1. City Council amend Toronto Municipal Code Chapter 349, Animals as follows:

Feeding of Wildlife

A. Establish the following definitions:

i. FEED - Providing food to, or leaving food for consumption by, wildlife, but does not include:

a. keeping compost in accordance with City by-laws;

b. keeping food in a bird feeding device in compliance with this Chapter;

c. providing water to a domestic animal; or

d. growing fruits and vegetables in gardens.

ii. BIRD FEEDING DEVICE - Any instrument, tool, appliance or thing meant or intended to hold food for birds.

iii. SONGBIRD – A bird belonging to the oscine division in ornithology.

iv. WILDLIFE - An animal that belongs to a species that is wild by nature, but does not include                            

a. domestic animals; or

b. a feral or stray cat.

B. Add a new subsection 349-10.1 as follows:

No person shall feed or attempt to feed wildlife, or permit the feeding of wildlife on their property, except:

i. An officer, licensed trapper, authorized wildlife rehabilitator or employee of a licensed pest management operator or exterminator leaving food as bait to catch wildlife as part of their professional duties;

ii. A person feeding wildlife as part of a research program undertaken by a university, college, government research body or wildlife research institution;

iii. A person fishing in accordance with a valid provincial licence;

iv. A person participating in a cultural, religious or spiritual practice outdoors, provided the person cleans all food from the outdoor location at the conclusion of the practice; or

v. A person feeding songbirds as follows:

a. the food intended for the songbirds is placed in a bird feeding device that is sufficiently above grade so as to not attract or be accessible to wildlife;

b. the bird feeding device is located on private property, and the property owner or occupant has given permission for the installation and use of the bird feeding device;

c. any food spilled from the bird feeding device is removed in a timely manner such that it does not attract other wildlife; and 

d.the bird feeding device is kept in sanitary condition and in good working order.

Pet Rabbits and Guinea Pigs

C. Add a provision that no person shall keep more than four rabbits and/or guinea pigs, or a combination of both, in and about any dwelling unit within the city.

D. Add a provision that the limit on the number of rabbits and/or guinea pigs shall not apply to individual members of a rescue group who are keeping rabbits and/or guinea pigs for or on behalf of that rescue group.

E. Add a provision that any person keeping more than four rabbits and/or guinea pigs as of December 1, 2022 may continue to keep those rabbits and/or guinea pigs until they have died, except where a person was lawfully keeping more than 10 rabbits and/or guinea pigs as of December 1, 2022 that person may keep no more than 10 of those rabbits or guinea pigs, or a combination of both, until they have died.

Pigeons

F. Amend section 349-25 by:

i. Deleting the word "stray" from subsection A; and

G. Amend section 349-25 by adding a provision that a person shall keep no more than 30 pigeons on any property in the city between November 1 of one year to March 31 of the subsequent year, or no more than 50 pigeons from and including April 1 to and including October 31 in any year.

Outdoor Animal Shelter Standards

H. Amend section 349-7 to require a person having the custody or control of an animal kept outside for any continuous period exceeding thirty minutes to ensure the animal enclosure provided in accordance with that section complies with any applicable standards under the Provincial Animal Welfare Standards Act, 2019, or its regulations.

Dog Excrement

I. Amend section 349-18 so that an owner of a dog shall remove excrement left by the dog on the property of the owner within 24 hours, instead of immediately as required on other properties.

Seizure and Impounding of Cats; Animals at Large

J. Remove section 349-20A so that the Executive Director, Municipal Licensing and Standards may no longer impound cats that are causing damage or creating a nuisance.

K. Add a new section 349-6D as follows:

D. No owner of an animal other than a cat or a pigeon shall cause or permit the animal to be at large in the city.

Issuance of Notices, Violations and Orders 

L. Amend section 349-15B by substituting “may” for “shall” so that it now reads ”Where the Executive Director has reason to believe that a dog has engaged in a dangerous act against a person or domestic animal, an officer may:” to allow officer discretion in dangerous dog investigations.

M. Update Article X, Offences, Entry to Inspect, to clarify the ability of the City of Toronto to issue orders for compliance and take remedial action consistent with the authorities in the City of Toronto Act, 2006, and other by-laws, including clarity on the process to serve orders or other notices or documents, including service by registered mail and e-mail.

2.  City Council amend Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C – Schedule 12, Municipal Licensing and Standards by adding the fees in the table below:

3. City Council amend Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C – Schedule 12, Municipal Licensing and Standards by amending the fees in the below table:

4. City Council direct that the amendments in recommendation 1 come into force on the following dates:

a. The amendments in recommendations 1 C, D, and E respecting rabbits and guinea pigs take effect December 1, 2022;

b. The amendments in recommendation 1 F respecting pigeons take effect December 1, 2022;

c. The amendments in recommendations 1 A and B respecting feeding wildlife take effect April 1, 2023; 

d. All other amendments take effect immediately.

5. City Council direct the Executive Director, Municipal Licensing and Standards, to include, as part of the Municipal Licensing and Standards Division's 2023 operating budget submission, additional staff resources required arising from the recommendations in this report.

6. City Council direct the City Solicitor to prepare the necessary bill(s) required to give effect to Council's decision and to make any necessary minor substantive or stylistic refinements as may be identified by the City Solicitor.

7. City Council request the Executive Director, Municipal Licensing and Standards and the Chief Planner and Executive Director, City Planning to report back in the Third Quarter 2023 to the appropriate standing committee(s) on the following:

a. A review of possible amendments to Chapter 545, Licensing, to introduce a new pet establishment business licence class to regulate all businesses for the sale of, grooming, training, daycare or the overnight boarding of animals, but not including veterinarian practices, with this review to include:

i. A review of best practices that pet shops, kennels and other pet establishments must maintain to meet animal welfare standards;

ii. Standards to reduce nuisance issues that may arise with neighbouring properties; and

iii. Consultation with industry stakeholders, animal welfare experts, Business Improvement Areas, resident associations, pet owners, and the general public.

b. A review of the Zoning By-law regulations of kennels and pet services in relation to any proposed pet establishment or kennel business license.

Toronto Municipal Code Chapter 349, Animals, establishes rules and regulations for responsible pet ownership, pet licensing, prohibited animals, responses to domestic animal and wildlife issues, and the provision of shelter care in Toronto. Municipal Licensing and Standards' Toronto Animal Services is responsible for administering and enforcing Chapter 349.

Chapter 349 first came into effect in 1999 and has been amended several times since, including the introduction of the UrbanHensTO pilot, changes to the list of prohibited animals, and changes to Dangerous Dog regulations including the establishment of the Dangerous Dog Review Tribunal.

This report recommends amendments to update and modernize the By-law, to help Toronto Animal Services meet its mandate of ensuring public safety and the welfare of Toronto’s wildlife and domestic animal population. Toronto is considered a progressive leader in this area and it is important to continuously improve our approach as well as assess developments and best practices in animal and wildlife management in an urban setting.

The following amendments to Chapter 349, Animals, are proposed:

- Prohibiting the intentional feeding of wildlife to address concerns with animal welfare and reduce instances of human-wildlife conflicts,

- Limiting the number of guinea pigs and rabbits that are permitted in and about a dwelling unit to a combined maximum of four, to address animal welfare challenges that arise when a large number of these animals are kept as pets,

- Limiting the number of domestic pigeons kept to thirty on any property in the city, with allowances for an increase in the numbers of pigeons to fifty during breeding season (April – October),

- Increasing the length of time within which a person must remove dog excrement on their own property to “up to 24 hours” to provide a more realistic timeframe for the dog owners,

- Removing the authority to impound certain cats, to help reduce cat populations in City shelters,

- Clarifying that a person is not permitted to allow their pet to be at-large in the City, apart from cats and pigeons,

- Improving outdoor animal shelter requirements by requiring compliance with the Provincial Animal Welfare Services Act, 2019, 

- Technical amendments to improve operational and enforcement efforts.

There are also proposed amendments to Chapter 441, Fees and Charges, to amend existing fees and establish a new fee to allow Toronto Animal Services to charge fees for the impounding and protective care of domestic animals other than cats and dogs, and for prohibited animals.

Municipal Licensing and Standards consulted with key stakeholders about the current state of pet ownership in the city and to understand how Torontonians interact with urban wildlife, which helped inform the recommendations of this report. Staff will develop and undertake an education campaign to ensure that the public understands the new and existing regulations around animals, guidance for reducing human-wildlife conflict, and information about pet licensing requirements.

This report also provides a number of updates related to Toronto Animal Services and responds to outstanding Council directives, including an update on pet licensing, responses to directives to assess the feasibility of a permitted animal list, the feasibility of regulating dog kennels through licensing, and an update on the regulation of cosmetic surgeries for pets.

This report was prepared in consultation with Legal Services, Toronto Public Health, the Indigenous Affairs Office, City Planning, and Parks, Forestry and Recreation.

Municipal Licensing and Standards projects that additional enforcement costs in 2023 may have a total annualized impacts of up to $347,000 on the operating budget. These costs are associated with hiring three additional Animal Control Officers.

It is estimated that three additional Animal Control Officers will be required to enforce the proposed by-law amendments, based on anticipated needs and historical enforcement data.

The $347,000 annual estimate includes salary and benefits, as well as vehicle, uniform and technology costs to support the new staff. The additional operational costs and additional Animal Control Officers will be requested as part of Municipal Licensing and Standards' 2023 operating budget submission.

It is anticipated that the proposed amendments to Chapter 441, Fees and Charges will result in $16,000 of additional revenue per year. These amendments are to establish fees for the impounding of prohibited animals, the impounding of domestic animals, other than dogs and cats, and the protective care of domestic animals, other than dogs and cats.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.