Item - 2022.EC28.11

The Economic and Community Development Committee recommends that:

1. City Council amend Municipal Code Chapter 349 (Animals) to add the following as subsections 349-15C(3) and (4):

3. Where an officer has concluded that a dog was acting in self-defence and elected not to issue an order to comply under Subsection C(2), that dangerous act will not be counted when determining if a subsequent dangerous act is the second or subsequent on record with the City under Subsection B(3).

4. Where the Dangerous Dog Review Tribunal concludes that a dog was acting in self-defence at the time a dangerous act occurred and rescinded the determination of a dangerous dog on that basis, that dangerous act will not be counted when determining if a subsequent dangerous act is the second or subsequent on record with the City under Subsection B(3).

2. City Council direct the Executive Director, Municipal Licensing and Standards to revise the Dangerous Dog Order text, to note that Dog Owners should seek the permission of their Condominium Board in order to post the order on their unit door.

The Chair of the Dangerous Dog Review Tribunal must submit an annual report on the Tribunal's activities to the appropriate standing committee in accordance with its governance structure. Attached to this report is the Tribunal Chair's 2021 Annual Report.

The Tribunal is an adjudicative board and city and local board of the City of Toronto under the authority of the City of Toronto Act, 2006. Tribunal hearings are conducted in accordance with the Statutory Powers Procedure Act, 1990 and the Tribunal's rules of procedure. The Tribunal provides an independent consideration of appeals to Dangerous Dog Orders issued by Municipal Licensing and Standards under the authority of Section 349-15 of Toronto Municipal Code Chapter 349, Animals. The Tribunal has the authority to either confirm the dangerous dog designation or rescind the dangerous dog designation and exempt the owner from requirements of a Dangerous Dog Order.

In 2021, Municipal Licensing and Standards responded to 1,994 service requests related to a dog's potential dangerous act and issued 103 Dangerous Dog Orders. Twelve Dangerous Dog Orders were appealed to the Dangerous Dog Review Tribunal in 2021, with three Orders being rescinded by the Tribunal. The Tribunal also received eight Requests for Review of its earlier decisions and reheard four appeals, resulting in two Tribunal decisions being reversed.

This report also responds to the recommendations in the Chair's Annual Report to amend Chapter 349, Animals, to allow for the appeal of a first non-severe dangerous dog act that results in written warning, to not issue a Dangerous Dog Order when a dangerous dog act is found by the Tribunal to be in self-defence, and to allow the Dangerous Dog Review Tribunal to customize the conditions attached to a license as it sees fit when confirming an Order.

Staff are recommending an amendment to Chapter 349, Animals, to clarify the language around how dangerous dog acts determined to have been done in self-defence are counted when combined with a second or subsequent act. This amendment would specify that a dangerous act done in self-defence would not "count" against a dog when determining whether to issue a dangerous dog order if coupled with a subsequent dangerous act. This aligns with the Chair's second recommendation and will provide greater clarity to Animal Services staff should this situation arise.

Staff have reviewed the other recommendations made by the Chair and, at this time, do not recommend amending Chapter 349, Animals, to allow for the appeal of written warnings or customize the conditions of a Dangerous Dog Order as they would fundamentally change the scope and purpose of the Tribunal.