Item - 2018.LS27.1

Tracking Status

LS27.1 - Improved Dangerous Dog Review Tribunal

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

 

1.  City Council establish a Dangerous Dog Review Tribunal as an Adjudicative Board composed 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.

 

7.  City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee annually with the number of complaints received pertaining to dangerous dogs, the number of muzzle orders issued, the number of appeals to the Dangerous Dog Review Tribunal and the disposition of those appeals.

Public Notice Given

Background Information (Committee)

(June 27, 2018) Report and Attachment 1 from the Executive Director, Municipal Licensing and Standards on Improved Dangerous Dog Review Tribunal
https://www.toronto.ca/legdocs/mmis/2018/ls/bgrd/backgroundfile-117482.pdf
(June 28, 2018) Public Notice on Amendments to Toronto Municipal Code Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2018/ls/bgrd/backgroundfile-117504.pdf

Communications (Committee)

(July 3, 2018) E-mail from Nicole Corrado (LS.New.LS27.01.01)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee annually with the number of complaints received pertaining to dangerous dogs, the number of muzzle orders issued, the number of appeals to the Dangerous Dog Review Tribunal and the disposition of those appeals.

Vote (Amend Item (Additional)) Jul-26-2018 6:43 PM

Result: Carried Majority Required - LS27.1 - Fletcher - motion 1
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Jon Burnside, John Campbell, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 13 Members that were absent are Maria Augimeri, Ana Bail„o, Christin Carmichael Greb, Justin J. Di Ciano, Mark Grimes, Jim Karygiannis, Giorgio Mammoliti, Joe Mihevc, Cesar Palacio, James Pasternak, Neethan Shan, John Tory, Lucy Troisi

Motion to Adopt Item as Amended (Carried)

LS27.1 - Improved Dangerous Dog Review Tribunal

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Public Notice Given

Committee Recommendations

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.

Origin

(June 27, 2018) Report from the Executive Director, Municipal Licensing and Standards

Summary

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.

Background Information

(June 27, 2018) Report and Attachment 1 from the Executive Director, Municipal Licensing and Standards on Improved Dangerous Dog Review Tribunal
https://www.toronto.ca/legdocs/mmis/2018/ls/bgrd/backgroundfile-117482.pdf
(June 28, 2018) Public Notice on Amendments to Toronto Municipal Code Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2018/ls/bgrd/backgroundfile-117504.pdf

Communications

(July 3, 2018) E-mail from Nicole Corrado (LS.New.LS27.01.01)

Speakers

Miguel Avila-Velarde

Motions

Motion to Adopt Item moved by Councillor Frank Di Giorgio (Carried)

Vote (Adopt Item) Jul-06-2018

Result: Carried Majority Required - Motion 1 moved by Councillor Frank Di Giorgio
Total members that voted Yes: 5 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Frances Nunziata, Cesar Palacio (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Jon Burnside
Source: Toronto City Clerk at www.toronto.ca/council