Item - 2018.LS27.1

The Licensing and Standards Committee recommends that:

1.  City Council establish a Dangerous Dog Review Tribunal as an Adjudicative Board comprised of five public members appointed by City Council, including a Chair, to hold hearings pursuant to Toronto Municipal Code Chapter 349-16, Animals, and approve its governance structure, as set out in Attachment 1 to the report (June 27, 2018) from the Executive Director, Municipal Licensing and Standards, effective on the date of City Council's appointment of public members to the Tribunal.

2.  City Council authorize the City Clerk to recruit members for the Dangerous Dog Review Tribunal for review by the appropriate Nominating Panel for recommendation of appointment by City Council.

3.  City Council direct that the City Clerk be appointed as the Secretary of the Dangerous Dog Review Tribunal.

4.  City Council amend Chapter 349, Animals, so that, effective March 31, 2019:

a.  the Dangerous Dog Review Tribunal is defined as an Adjudicative Board with five public members appointed by City Council for a term specified by City Council which shall hear appeals under Section 16 of this Chapter;

b.  a new section is added that states that the Dangerous Dog Review Tribunal is established in accordance with the Governance Structure of the City of Toronto's Dangerous Dog Review Tribunal approved by City Council;

c.  the term "Executive Director" is deleted from Sections 16A, 16B, and 16C and replaced with the term "Dangerous Dog Review Tribunal"; and

d.  a new section is added that states that hearings under Section 16 shall be heard by a panel comprised of a minimum of three members from the Dangerous Dog Review Tribunal. 

5.  City Council direct that remuneration for members of the Dangerous Dog Review Tribunal is as follows:

a.  members receive a per diem of $350 for a full day of hearings;

b.  members receive $200 for a half day of hearings, where a half day is defined as three and a half hours or fewer;

c.  members receive $200 for attendance at a business meeting or training, as required; and

d.  the Chair be remunerated $1,000 annually for performing the duties of Chair of the Tribunal.

6.  City Council deem the existing Tribunal dissolved, effective March 31, 2019.

The City of Toronto has the authority to issue a Dangerous Dog Order under Toronto Municipal Code Chapter 349, Animals. Dog owners who receive a Dangerous Dog Order, and do not agree, can appeal this designation to the Dangerous Dog Review Tribunal. Currently, Tribunal membership consists of five City staff: one from Children's Services, two from Paramedic Services, and two from Toronto Public Health. Municipal Licensing and Standards staff provide administrative support to the Tribunal.

This report recommends that the membership and administration of the Tribunal be changed. It recommends that membership now be comprised of public members appointed by City Council through the City's Public Appointments process and that the Tribunal be administered by the City Clerk's Office. To achieve this, staff recommend the establishment of a new external Adjudicative Board in Toronto Municipal Code Chapter 349, Animals. The new Adjudicative Board, which will also be referred to as the Dangerous Dog Review Tribunal, will hear appeals from dog owners who receive a Dangerous Dog Order from the City. The existing Dangerous Dog Review Tribunal would be dissolved.

The changes are intended to:

-  Improve administrative fairness for individuals appealing a Dangerous Dog Order; and

-  Increase transparency of the Dangerous Dog Review Tribunal.
 

Since January 1, 2014, the Tribunal has dealt with 188 matters and has met 41 times.

The new Tribunal would come into effect once the members are appointed by City Council, expected in March 2019.

The City Clerk's Office, the City Manager's Office, Financial Planning, and Legal Services were consulted in the preparation of this report.