Item - 2022.EC31.5

Tracking Status

EC31.5 - Updates to Chapter 349, Animals

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

 

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. 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 

 

K. 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.

 

L. 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:

 

Ref No.

Service Fee

Description

Category

Fee Basis

Fee

Annual Adjustment

NEW

Shelter and Care

Impound fee for seized prohibited animal

Full Cost Recovery

Actual cost to house prohibited animal + Administrative Fee

Actual cost to house prohibited animal + $140.00

No

NEW

Shelter and Care

Fee charged when the pet owner surrenders other domestic animal (weighs 45kg or greater)

City Policy

Per Animal

$59.06

Yes

 

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:

 

Ref No.

Service Fee

Description

Category

Fee Basis

Fee

Annual Adjustment

81

Pet Licence Issuance

NEW

Impound Fee Cat/Other Domestic Animal

Market Based

1st 24 Hours or Part Thereof

$30

No

82

Pet Licence Issuance

NEW

Impound Fee Cat/Other Domestic Animal

Market Based

Subsequent Per Diem

$10

No

104

Shelter and Care

NEW

Fee charged when the pet owner surrenders other domestic animal (weighs less than 45 kg)

City Policy

Per Animal

$35.43

Yes

112

Shelter and Care

NEW

Protective Care (Dog/Cat/Other Domestic Animal)

City Policy

1st 24 Hours or Part Thereof

$40

No

114

Shelter and Care

NEW

Protective Care Cat/Other Domestic Animal)

City Policy

Subsequent per Diem per Animal

$10

No

 

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

 

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

 

b. the amendments in Parts 1 G respecting pigeons take effect December 1, 2022;

 

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

 

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 City Council's decision.

 

6. City Council direct the City Solicitor to prepare the necessary Bill(s) required to give effect to City 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 of 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; and

 

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

 

8. City Council direct the Executive Director, Municipal Licensing and Standards to report back on the feasibility of requiring mandatory microchipping of cats, with the City providing an affordable microchipping service, and a public awareness campaign promoting the City’s and other charities' microchipping services and spay/neuter services.

 

9.  City Council direct the Executive Director, Municipal Licensing and Standards to continue to work on increasing the rate of licenses and/or micro-chipping of domestic cats and report back on potential changes to by-laws regarding domestic cat ownership when feasible.

 

10. City Council direct the Executive Director, Municipal Licensing and Standards to create a positive list of pets people can keep and City Council request the Executive Director, Municipal Licensing and Standards to report back in the third quarter of 2023 with a list of companion animals that will be allowed within the City of Toronto.

Public Notice Given

Background Information (Committee)

(May 13, 2022) Report from the Executive Director, Municipal Licensing and Standards on Updates to Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226733.pdf
Attachment 1 - Draft Amendments to Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226734.pdf
Attachment 2 - Summary of Jurisdictional Scan
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226735.pdf
Attachment 3 - Summary of Third-Party Public Opinion Research
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226736.pdf
Attachment 4 - Summary of Public Questionnaire Results
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226737.pdf
(May 20, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226738.pdf
(June 28, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-228219.pdf

Communications (Committee)

(April 4, 2022) E-mail from Amanda Bunday (EC.Main)
(May 25, 2022) Submission from Petition submitted by Vicki Fecteau (EC.Supp)
(May 27, 2022) E-mail from Joseph Marn (EC.Supp)
(May 27, 2022) Submission from Lesley Fox, Executive Director, The Fur-Bearers (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-151265.pdf
(June 21, 2022) E-mail from Mary Pinelli (EC.Supp)
(June 22, 2022) Letter from Nathalie Karvonen, Founder and Executive Director, Toronto Wildlife Centre (EC.Main)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-153379.pdf
(June 23, 2022) Letter from Michael Mesure, Executive Director, FLAP Canada (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-153871.pdf
(June 27, 2022) Letter from Grant Sizemore, Director of Invasive Species Programs, American Bird Conservancy (EC.Main)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-153380.pdf
(June 29, 2022) E-mail from Doris Potter (EC.Supp)
(June 29, 2022) Submission from Nadia Andrijiw and Simon Amaral (EC.Supp)
(June 29, 2022) E-mail from Diana Marcotte (EC.Supp)
(July 4, 2022) Letter from Liz White, Director, Animal Alliance of Canada (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154149.pdf
(July 4, 2022) Letter from Autumn Jordan, Urban Nature Organizer, Nature Canada (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154150.pdf
(July 4, 2022) Letter from Emily Rondel, President, Toronto Ornithological Club, and Ange Brooks, Conservation Councillor, Toronto Ornithological Club, on behalf of the Toronto Ornithological Club Council, Toronto Ornithological Club (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154181.pdf
(July 4, 2022) Letter from Scott Tinney, Staff Lawyer, Animal Justice Canada (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154151.pdf
(July 4, 2022) E-mail from Nicole Corrado (EC.Supp)
(July 4, 2022) E-mail from Valerie Dailly (EC.Supp)
(July 4, 2022) E-mail from Nicole Corrado (EC.Supp)
(July 5, 2022) Letter from Glenn De Baeremaeker (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154148.pdf
(July 5, 2022) Letter from Diana Chan McNally (EC.Supp)
(July 5, 2022) Submission from Allison Hansen (EC.Supp)
(July 5, 2022) Letter from Amy Wilson DVM PhD Adjunct faculty UBC and Scott Wilson PhD Adjunct faculty UBC (EC.New)
(July 5, 2022) E-mail from Nicole Corrado (EC.Supp)
(July 5, 2022) E-mail from Dana Boettger (EC.Supp)
(July 5, 2022) E-mail from Stella Bastone (EC.Supp)
(July 5, 2022) E-mail from Mario Paluck (EC.Supp)
(July 6, 2022) Letter from Brendon Samuels, PhD Candidate, Western University, Coordinator, Bird Friendly London (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154152.pdf
(July 6, 2022) Submission from Vicki Fecteau (EC.Supp)
(July 6, 2022) E-mail from Catherine Pavlovich (EC.Supp)
(July 6, 2022) Submission from Nathalie Karvonen, Founder and Executive Director, Toronto Wildlife Centre (EC.New)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154648.pdf

Communications (City Council)

(July 7, 2022) E-mail from Brian Sutherland (CC.Main)
(July 8, 2022) E-mail from Ghazala Ghayur (CC.Main)
(July 8, 2022) E-mail from Ashley Reynolds (CC.Main)
(July 11, 2022) E-mail from Jake Penolvo (CC.Main)
(July 11, 2022) E-mail from Stephanie and Matthew Alexander (CC.Main)
(July 12, 2022) E-mail from Marshall Morris (CC.Main)
(July 12, 2022) E-mail from Susan Kellner (CC.Main)
(July 11, 2022) E-mail from Beryl Clifton (CC.Main)
(July 11, 2022) E-mail from Karun Shrestha (CC.Main)
(July 11, 2022) E-mail from Lina Colastosti (CC.Main)
(July 9, 2022) E-mail from Tonya Giovinazzo (CC.Main)
(July 7, 2022) E-mail from Maryann Rizzo (CC.Main)
(July 7, 2022) E-mail from Vanda Zanini (CC.Main)
(July 6, 2022) E-mail from Anthony DeCesare (CC.Main)
(July 12, 2022) E-mail from Janette Zive (CC.Supp)
(July 12, 2022) E-mail from Michelle Mawhinney (CC.Supp)
(July 13, 2022) E-mail from Gad Caro (CC.Supp)
(July 13, 2022) E-mail from Una Rose (CC.Supp)
(July 13, 2022) E-mail from Matt Shisheesh (CC.Supp)
(July 14, 2022) E-mail from Patricia Stone (CC.Supp)
(July 14, 2022) E-mail from Julia Doucette (CC.Supp)
(July 14, 2022) E-mail from Dana Boettger (CC.Supp)
(July 15, 2022) E-mail from Nicole Corrado (CC.Supp)
(July 15, 2022) Letter from April Campbell, Board Member, Annex Cat Rescue (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/cc/comm/communicationfile-155359.pdf
(July 17, 2022) E-mail from Jonathan Sydor (CC.Supp)
(July 17, 2022) E-mail from Olivia Statler (CC.Supp)
(July 18, 2022) E-mail from Douglas Counter (CC.Supp)
(July 18, 2022) E-mail from Ethan Caro (CC.Supp)
(July 15, 2022) E-mail from Penny Cookson and Boguslawa Gatarek, Directors, Community Cats Toronto (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/cc/comm/communicationfile-155614.pdf
(July 18, 2022) Petition from Nicole Corrado, containing approximately 359 names (CC.Supp)
(July 18, 2022) Petition from Nicole Corrado, containing approximately 246 names (CC.Supp)
(July 18, 2022) Petition from Nicole Corrado, containing approximately 245 names (CC.New)
(July 18, 2022) E-mail from Alec Fadel (CC.New)
(July 18, 2022) E-mail from Bill Davison (CC.New)
(July 18, 2022) E-mail from Jessica Kowalski (CC.New)
(July 18, 2022) E-mail from Joan Hamann (CC.New)
(July 18, 2022) E-mail from Michael Visser (CC.New)
(July 18, 2022) E-mail from Susan Antler (CC.New)
(July 18, 2022) E-mail from Susan Kellner (CC.New)
(July 18, 2022) E-mail from Denise Harkins, President, Action Volunteers for Animals on Behalf of the Board of Directors, Action Volunteers for Animals (CC.New)
https://www.toronto.ca/legdocs/mmis/2022/cc/comm/communicationfile-155561.pdf
(July 18, 2022) E-mail from Nareema Ali (CC.New)
(July 18, 2022) E-mail from Michael Cosby (CC.New)
(July 18, 2022) E-mail from Mustaq Rahamatalli (CC.New)
(July 18, 2022) E-mail from Gale Borison-Socken (CC.New)
(July 18, 2022) E-mail from Chelsi Ng (CC.New)
(July 18, 2022) E-mail from Cheryl Li (CC.New)
(July 18, 2022) E-mail from David Henton (CC.New)
(July 18, 2022) E-mail from Denise Harkins (CC.New)
(July 18, 2022) E-mail from Farah Ali (CC.New)
(July 18, 2022) E-mail from Ingrid van der Zande (CC.New)
(July 18, 2022) E-mail from Vidhi Gupta (CC.New)
(July 18, 2022) E-mail from Geoff Carpentier (CC.New)
(July 19, 2022) E-mail from J. Border (CC.New)
(July 19, 2022) E-mail from Pamela Gough (CC.New)
(July 19, 2022) E-mail from Caroline Bruckner (CC.New)
(July 19, 2022) E-mail from Lauren Aarntzen (CC.New)
(July 19, 2022) E-mail from Anthony Harrison (CC.New)
(July 19, 2022) E-mail from Janet Harrison (CC.New)
(July 19, 2022) E-mail from Allyson Scott (CC.New)
(July 19, 2022) E-mail from Jane Veit (CC.New)
(July 19, 2022) E-mail from Julie McGregor (CC.New)
(July 20, 2022) E-mail from Harriet Eisenkraft and Gary A. Klein (CC.New)
(July 20, 2022) Letter from Allison Hansen, Campaign Director, Rodenticide Free Ontario (CC.New)
https://www.toronto.ca/legdocs/mmis/2022/cc/comm/communicationfile-155829.pdf

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Shelley Carroll (Carried)

That City Council amend Economic and Community Development Committee Recommendation 1 Part J. D by adding the words "a cat or a" so that it now reads as follows. 

 

Seizure and Impounding of Cats; Animals at Large

 

J. 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.

Vote (Amend Item) Jul-20-2022 2:11 PM

Result: Carried Majority Required - EC31.5 - Carroll - motion 1a
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 1 Members that voted No are Mike Layton
Total members that were Absent: 3 Members that were absent are Cynthia Lai, Josh Matlow, Jaye Robinson

1b - Motion to Amend Item (Additional) moved by Councillor Shelley Carroll (Carried)

That City Council direct the Executive Director, Municipal Licensing and Standards, to continue to work on increasing the rate of licenses and/or micro-chipping of domestic cats and report back on potential changes to by-laws regarding domestic cat ownership when feasible.

Vote (Amend Item (Additional)) Jul-20-2022 2:13 PM

Result: Carried Majority Required - EC31.5 - Carroll - motion 1b
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Gary Crawford, John Filion, Paula Fletcher, Stephen Holyday, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 2 Members that voted No are Mike Colle, Mark Grimes
Total members that were Absent: 2 Members that were absent are Cynthia Lai, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-20-2022 2:15 PM

Result: Carried Majority Required - EC31.5 - Adopt the Item as amended
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Paula Fletcher, Stephen Holyday, Mike Layton, Nick Mantas, Jennifer McKelvie, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 2 Members that voted No are Mark Grimes, Josh Matlow
Total members that were Absent: 2 Members that were absent are Cynthia Lai, Jaye Robinson

Motion to Reconsider Item moved by Councillor Michael Thompson (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item EC31.5.


2 - Motion to Amend Item moved by Councillor Michael Thompson (Carried)

That:

 

1. City Council amend Recommendation 4.b. so that it now reads as follows:

 

4. b. the amendments in recommendations 1 G respecting pigeons take effect December 1, 2022;


Motion to Adopt Item as Amended (Carried)

EC31.5 - Updates to Chapter 349, Animals

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Economic and Community Development Committee 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. Add a new section 349-6D as follows:

 

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

 

Issuance of Notices, Violations and Orders 

 

K. 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.

 

L. 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:

 

Ref No.

Service Fee

Description

Category

Fee Basis

Fee

Annual Adjustment

NEW

Shelter and Care

Impound fee for seized prohibited animal

Full Cost Recovery

Actual cost to house prohibited animal + Administrative Fee

Actual cost to house prohibited animal + $140.00

No

NEW

Shelter and Care

Fee charged when the pet owner surrenders other domestic animal (weighs 45kg or greater)

City Policy

Per Animal

$59.06

Yes

 

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:

 

Ref No.

Service Fee

Description

Category

Fee Basis

Fee

Annual Adjustment

81

Pet Licence Issuance

NEW

Impound Fee Cat/Other Domestic Animal

Market Based

1st 24 Hours or Part Thereof

$30

No

82

Pet Licence Issuance

NEW

Impound Fee Cat/Other Domestic Animal

Market Based

Subsequent Per Diem

$10

No

104

Shelter and Care

NEW

Fee charged when the pet owner surrenders other domestic animal (weighs less than 45 kg)

City Policy

Per Animal

$35.43

Yes

112

Shelter and Care

NEW

Protective Care (Dog/Cat/Other Domestic Animal)

City Policy

1st 24 Hours or Part Thereof

$40

No

114

Shelter and Care

NEW

Protective Care Cat/Other Domestic Animal)

City Policy

Subsequent per Diem per Animal

$10

No

 

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.

 

8. City Council direct the Executive Director, Municipal Licensing and Standards, to report back on the feasibility of requiring mandatory microchipping of cats, with the City providing an affordable microchipping service, and a public awareness campaign promoting the City’s and other charities' microchipping services and spay/neuter services.

 

9. City Council direct the Executive Director, Municipal Licensing and Standards, create a positive list of pets people can keep and request staff to report back in the third quarter of 2023 with a list of companion animals that will be allowed within the City of Toronto.

Origin

(May 13, 2022) Report from the Executive Director, Municipal Licensing and Standards

Summary

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.

Background Information

(May 13, 2022) Report from the Executive Director, Municipal Licensing and Standards on Updates to Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226733.pdf
Attachment 1 - Draft Amendments to Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226734.pdf
Attachment 2 - Summary of Jurisdictional Scan
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226735.pdf
Attachment 3 - Summary of Third-Party Public Opinion Research
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226736.pdf
Attachment 4 - Summary of Public Questionnaire Results
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226737.pdf
(May 20, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-226738.pdf
(June 28, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ec/bgrd/backgroundfile-228219.pdf

Communications

(April 4, 2022) E-mail from Amanda Bunday (EC.Main)
(May 25, 2022) Submission from Petition submitted by Vicki Fecteau (EC.Supp)
(May 27, 2022) E-mail from Joseph Marn (EC.Supp)
(May 27, 2022) Submission from Lesley Fox, Executive Director, The Fur-Bearers (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-151265.pdf
(June 21, 2022) E-mail from Mary Pinelli (EC.Supp)
(June 22, 2022) Letter from Nathalie Karvonen, Founder and Executive Director, Toronto Wildlife Centre (EC.Main)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-153379.pdf
(June 23, 2022) Letter from Michael Mesure, Executive Director, FLAP Canada (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-153871.pdf
(June 27, 2022) Letter from Grant Sizemore, Director of Invasive Species Programs, American Bird Conservancy (EC.Main)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-153380.pdf
(June 29, 2022) E-mail from Doris Potter (EC.Supp)
(June 29, 2022) Submission from Nadia Andrijiw and Simon Amaral (EC.Supp)
(June 29, 2022) E-mail from Diana Marcotte (EC.Supp)
(July 4, 2022) Letter from Liz White, Director, Animal Alliance of Canada (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154149.pdf
(July 4, 2022) Letter from Autumn Jordan, Urban Nature Organizer, Nature Canada (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154150.pdf
(July 4, 2022) Letter from Emily Rondel, President, Toronto Ornithological Club, and Ange Brooks, Conservation Councillor, Toronto Ornithological Club, on behalf of the Toronto Ornithological Club Council, Toronto Ornithological Club (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154181.pdf
(July 4, 2022) Letter from Scott Tinney, Staff Lawyer, Animal Justice Canada (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154151.pdf
(July 4, 2022) E-mail from Nicole Corrado (EC.Supp)
(July 4, 2022) E-mail from Valerie Dailly (EC.Supp)
(July 4, 2022) E-mail from Nicole Corrado (EC.Supp)
(July 5, 2022) Letter from Glenn De Baeremaeker (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154148.pdf
(July 5, 2022) Letter from Diana Chan McNally (EC.Supp)
(July 5, 2022) Submission from Allison Hansen (EC.Supp)
(July 5, 2022) Letter from Amy Wilson DVM PhD Adjunct faculty UBC and Scott Wilson PhD Adjunct faculty UBC (EC.New)
(July 5, 2022) E-mail from Nicole Corrado (EC.Supp)
(July 5, 2022) E-mail from Dana Boettger (EC.Supp)
(July 5, 2022) E-mail from Stella Bastone (EC.Supp)
(July 5, 2022) E-mail from Mario Paluck (EC.Supp)
(July 6, 2022) Letter from Brendon Samuels, PhD Candidate, Western University, Coordinator, Bird Friendly London (EC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154152.pdf
(July 6, 2022) Submission from Vicki Fecteau (EC.Supp)
(July 6, 2022) E-mail from Catherine Pavlovich (EC.Supp)
(July 6, 2022) Submission from Nathalie Karvonen, Founder and Executive Director, Toronto Wildlife Centre (EC.New)
https://www.toronto.ca/legdocs/mmis/2022/ec/comm/communicationfile-154648.pdf

Speakers

Vicki Fecteau
Nadia Andrijiw
Nathalie Karvonen , Toronto Wildlife Centre
Michael Mesure, FLAP Canada
Autumn Jordan, Nature Canada
Scott Tinney, Animal Justice
Paul Devine
Sandy Donald, Ontario Wildlife Rescue
Liz White, Animal Alliance of Canada
Glenn De Baeremaeker
Erika Wilson
Allison Hansen
Lina Colatosti

Motions

1a - Motion to Amend Item moved by Councillor Shelley Carroll (Carried)

 

That Economic an Community Development Committee:

 

1. Delete recommendation 1.J (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.

 

2. Amend recommendation 1.K. by deleting the words "a cat or" so that section reads as follows:

 

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.


1b - Motion to Amend Item (Additional) moved by Councillor Shelley Carroll (Carried)

That Economic and Community Development Committee recommend that:

 

1. City Council direct the Executive Director, Municipal Licensing and Standards, to report back on the feasibility of requiring mandatory microchipping of cats, with the City providing an affordable microchipping service, and a public awareness campaign promoting the City’s and other charities' microchipping services and spay/neuter services.

 

2. City Council direct the Executive Director, Municipal Licensing and Standards, create a positive list of pets people can keep and request staff to report back in the third quarter of 2023 with a list of companion animals that will be allowed within the City of Toronto.


Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Carried)
Source: Toronto City Clerk at www.toronto.ca/council