Agenda

The Executive Director, Municipal Licensing and Standards recommends that:

1.  City Council approve amendments to Chapter 349, Animals as described in Attachment 1 of this report.

2.  City Council direct that the changes come into force on March 1, 2017.

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.

There are no financial impacts beyond what has already been approved in the current year's budget.

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

The Executive Director, Municipal Licensing and Standards recommends that:

1.  City Council approve amendments to Chapter 349, Animals, Article II, Prohibited Animals, 349-4. Exceptions to:

a.  Add Ripley's Aquarium of Canada, located at 288 Bremner Boulevard in Toronto, to the list of exceptions;

b.  Delete the exception for the premises of facilities accredited by the Canadian Association of Zoos and Aquariums (CAZA); and

c.  Delete the exception for the areas in the City where education programs are conducted with animals, if the animals are owned by facilities accredited by CAZA or the American Zoo and Aquarium Association and only while the education programs are actually being conducted, provided that such programs are limited to a maximum of three days at any one location.

This report proposes amendments to Chapter 349, Animals, Article II, Prohibited Animals to delete the exception for the premises of facilities accredited by the Canadian Association of Zoos and Aquariums (CAZA); delete the exception for areas in the City where education programs are conducted with prohibited animals; and add Ripley's Aquarium of Canada (located at 288 Bremner Boulevard) to the listed exceptions.

Toronto Animal Services has significant concerns about prohibited animals in the City of Toronto including the health and safety risk they pose to residents, the ability to properly care for the animals and the nuisance to neighbourhoods that they may pose.

The removal of the blanket CAZA exception and exception for education programs conducted with prohibited animals will provide the City of Toronto the opportunity to conduct its own due diligence for organizations and facilities who want to keep prohibited animals. A process with established criteria is being developed for implementation in 2017.

The addition of Ripley's Aquarium of Canada to the listed exceptions in the by-law will then be necessary as it has been operating since 2013, is CAZA accredited and the City is satisfied with its ability to care for prohibited animals.

There are no financial impacts beyond what has already been approved in the current year's budget.

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

The Executive Director, Municipal Licensing and Standards recommends that:

1.  City Council approve a new regulatory by-law for rental apartment buildings that requires property owners to:

a. register the building with the City of Toronto and submit required information;

b. have a process for receiving, tracking and responding to tenant repair requests;

c. notify tenants of service disruptions, property standards appeals, work orders and cleaning plan,

d. install notification board in central location;

e. use licensed pest management professionals;

f. have a waste management plan;

g. have a cleaning plan;

h. use contractors with certification from Ontario College of Trades to conduct maintenance of HVAC and plumbing systems

i. have a state of good repair capital plan; and

j. pay all applicable fees.

and direct the Executive Director, Municipal Licensing and Standards to report to the March 6, 2017 meeting of Licensing and Standards Committee with the new regulatory by-law.

2.  City Council direct that the program be funded as follows:

Option A: Program budget of $4,442,904, funded:

- 80% from a $13.00 registration fee per unit per year ($3,580,317);

-20% from the tax-base ($888,580)

OR

Option B: Program budget of $4,442,904, funded:

- 65% from a $11.00 registration fee per unit per year ($2,917,123),

- 15% from revenues from enforcement action ($637,200)

- 20% from the tax-base ($888,580)

OR

Option C: Program budget of $4,442,904, funded:

- 60% from a $10.00 registration fee per unit per year ($2,665,742),

-40% from the tax-base ($1,777,161)

OR

Option D: Program budget of $4,442,904, funded:

-45% recovered from a $8.00 registration fee per unit per year ($2,028,542)

-15% recovered through revenues from enforcement action ($637,200)

-40% recovered from the tax-base ($1,777,161)

and direct the Executive Director, Municipal Licensing and Standards to report to Budget Committee during the 2017 Operating Budget process on the program budget and the six additional FTEs required to implement the program proposed.

The report responds to City Council directives to consult on a proposed licensing framework for rental apartment buildings and recover the costs of an enhanced MRAB program. The report details the findings of staff research and public consultations that took place from August to October 2016.

Staff evaluated the regulatory option of licensing rental apartment buildings based on stakeholder expectations and the goal of improving the City's enforcement capacity. Findings confirm that a regulatory approach through licensing does not present any advantages over other regulatory tools authorized by the City of Toronto Act, 2006 and may actually create additional complexities that would not contribute to the programs goals of bringing rental apartment buildings into compliance.

The evaluation confirmed that the enactment of a regulatory bylaw, instead of a licensing bylaw, would provide the City with the necessary authorities to accomplish the City's mandate of consumer protection, safety and wellbeing of its citizens, and fulfill public expectations, while avoiding potential hindrances to obtaining compliance.  

The report proposes improvements to existing enforcement activities and regulations that will help:

• strengthen enforcement of city by-laws
• enhance tenant engagement and access to information
• promote preventative maintenance in rental apartment buildings to prevent the deterioration of standards
• recover program costs  

The improvements include the creation of a regulatory by-law, which would impose legal requirements for rental building owners, improved access to information about the quality of rental apartment buildings and new opportunities for higher fines.

The report also identifies additional inspection activities to help benchmark the quality of the housing stock in rental apartment buildings and enhance the proactive enforcement of property standards.  Lastly, the report outlines a process for recovering the costs of existing and proposed inspection and enforcement activities based on a combination of tax revenues, rental apartment building registration fee and user fees for non-compliant building owners.

The proposed changes build on the successes of the existing MRAB program and represent the next building block in an evolving municipal approach to improving living conditions for tenants in Toronto.

Legal Services, Shelter Support and Housing Administration (SSHA), Toronto Fire Services, Solid Waste Management Services, Toronto Public Health, and Tower Renewal Steps Program were consulted in preparation for this report.

The current 2016 annual operating budget for the MRAB program is $3.18 million and includes salaries and benefits for 24 FTE, material and equipment, and indirect and overhead costs. This report outlines a proposed annual budget of $4.4 million, which includes the current costs of the MRAB program plus the proposal to add six (6) new FTEs. It also includes an amount of $100,000 for stakeholder engagement and $227,575 in one-time costs to cover implementation and the development of an online information portal. The total proposed new annual program budget is $4.4 million.

The current 2016 annual operating budget for the MRAB program is 100% tax supported. For cost recovery option D, the preferred option, described in the report, 60% ($2.66 million) of the program will be funded through new and increased user fees, and 40% ($1.77 million) will be tax supported (see Table I) on an annual basis. 

Table I: Cost Recovery Option D

Table II: Annual Financial Impact Based on Cost Recovery Option D

Table II highlights the difference between the current MRAB program and the proposed program (Option D) on an annual basis for gross expenditures, revenues and net expenditures. 6 new positions are recommended to be added to the existing staff of 24. These positions are required to ensure the program is operating with the appropriate levels of management oversight and analytical support. The recommended revenue represents 60% cost recovery from user fees and the remaining 40% funded by property taxes. As a result, the annual net cost of this program has been reduced by $1.406 million or 44.2%. These changes are consistent with the 2017 Operating Budget currently being recommended to Budget Committee.  Subject to the approval of City Council on this cost recovery model, the Executive Director, Municipal Licensing and Standards will report to Budget Committee during the 2017 Operating Budget process on the proposed program budget and applicable fees.

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

The Tenant Issues Committee recommends to the Licensing and Standards Committee that:

1. City Council adopt a rating system similar to the City's "DineSafe" program that requires landlords to post a colour-coded sign that displays the City's rating in a prominent, publicly identifiable location, along with posting the same information on the City's website.

2. City Council adopt a landlord licensing by-law.

3. City Council direct the Executive Director, Municipal Licensing and Standards to model alternative fee structures that would increase registration fees and add by-law officers, but avoid reaching the threshold under the Residential Tenancies Act, 2006 (RTA), for municipal charges and fees and include these models in her upcoming report.

4. City Council request the Province to exempt by regulation any program costs from eligibility for an Above Guideline Increase (AGI).

5. City Council direct staff to strengthen education and tenant outreach via tools like online resources and hard copies of Tenant Rights Handbook.

6. City Council direct the Executive Director, Municipal Licensing and Standards to report on a schedule to include 3 to 9 units tenanted buildings in the regulatory or licensing by-law.

7. City Council endorse strong penalties for by-law infractions.

8. City Council direct the landlord licensing program be funded as follows:

a. 20 percent of the budget recovered from the tax base, recognizing the program costs for social housing providers; and

b. fees and penalties to cover the remainder of the program.

The Tenant Issues Committee, on November 2, 2016, considered Item TD4.1 regarding the Proposed Framework for a Multi-residential Rental Property Licence - Results of Public Consultation and Proposed Regulations.

The Liquor Licensing Issues Task Force recommends that the report (October 6, 2016) from the Executive Director, Municipal Licensing and Standards be forwarded to the Licensing and Standards Committee and City Council for information. 

The Liquor Licensing Issues Task Force, on October 21, 2016, considered Item LL2.1 regarding Update on Liquor Licensing Issues.

The Executive Director, Municipal Licensing and Standards recommends that:

1. Licensing and Standards Committee receive this report for information.

This report describes the enforcement approaches taken by Municipal Licensing and Standards (ML&S) to respond to non-conforming stairwell railings, wall-mounted handrails and guardrails identified during Multi-residential Apartment Building (MRAB) audits. ML&S issues orders under Chapter 629, Property Standards against building owners whose stairwell handrails and guardrails are poorly maintained, in disrepair or are unsafe for continued use. In cases where the stairwell handrails and guardrails are in good repair, but non-conforming to the most current requirements in the Ontario Building Code, building owners receive a notice advising of the non-compliance.

There are no financial implications expected from this report beyond what has already been approved in the current year’s budget.

The Tenant Issues Committee recommends that:

1. Licensing and Standards Committee request the Executive Director, Municipal Licensing and Standards to include the number of orders issued for non-compliant stairwell handrails and guardrails in the annual report of the Multi-residential Apartment Buildings Audit and Enforcement Program.

The Tenant Issues Committee, on November 2, 2016, considered Item TD4.1 regarding the Stairwell Railings and Guardrails.