Item - 2024.EC10.2

Tracking Status

EC10.2 - Response to EC6.9 - Incident and Operational Review of Serious Dog Attacks

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on March 20 and 21, 2024, adopted the following:

 

1. City Council amend Toronto Municipal Code Chapter 349, Animals to include a provision that the Executive Director, Municipal Licensing and Standards is to create and maintain a public record listing information (including the dog owner’s Forward Sorting Area (first three digits of the postal code), ward number, the dog’s name, breed and colour, and the date of the dangerous act) of all served Dangerous Dog Orders, which is to be posted in a map and easily searchable format and information organized by postal code and bite severity as well as any other information deemed important by the Executive Director, Municipal Licensing and Standards.

 

2. City Council request the Mayor to include resources in the 2025 Budget (up to $500,000) for the Municipal Licensing and Standards Division to implement a proactive communication strategy and public education campaign to support compliance and enforcement with the goal of reducing the occurrence of dangerous dog acts.

 

3. City Council direct the Executive Director, Municipal Licensing and Standards to assess the feasibility of including photos of dogs on the public record of Dangerous Dog Orders, with such assessment to include privacy, technology, and legal considerations, and report back to the October 23, 2024 meeting of the Economic and Community Development Committee.

 

4. City Council direct the Executive Director, Municipal Licensing and Standards to report back to the October 23, 2024 meeting of the Economic and Community Development Committee on:

 

a. an update on whether all 450 dogs subject to a ‘Severe’ Dangerous Dog order are in compliance with the updated by-law;


b. details on the changes implemented in 2024 and proposed in the 2025 budget to support a switch to a focus on proactive enforcement of the most severe and dangerous cases;


c. a proposed increase to the fines or fee structures for unlicensed dogs that are subject to Dangerous Dog orders; and


d. an update on the results of the 2019 Ombudsman Recommendations, including the provision of accurate and timely information to victims, the elimination of staff’s ability to deal with severe dog bites in the first instance and any additional recommended changes to improve that process.

 

5. City Council request the Government of Ontario to consider amendments to the Dog Owners’ Liability Act (DOLA) to provide an expeditious process to hear the Dog Owners’ Liability Act proceedings, as well as an explicit mechanism for municipalities to recover costs incurred by the municipality when it holds an animal pursuant to a warrant or interim control order under the Dog Owners’ Liability Act.

  

6. City Council express its support to the Premier of Ontario and the Ontario Attorney General for higher set fine penalties for offences related to Toronto Municipal Code Chapter 349, Animals, Section 349-15 (Dogs that have bitten, attacked or pose a menace.)

Public Notice Given

Background Information (Committee)

(February 5, 2024) Report from the Executive Director, Municipal Licensing and Standards on Response to EC6.9 - Incident and Operational Review of Serious Dog Attacks
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-242868.pdf
Attachment 1: Format of Standard Dangerous Dog Warning Sign
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-242869.pdf
(February 12, 2024) Public Notice
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-242969.pdf
(February 20, 2024) Presentation from the Director Toronto Animal Services, Municipal Licensing and Standards, and the Deputy Medical Officer of Health on Response to 2023.EC6.9: Incident and Operational Review of Serious Dog Attacks
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-243230.pdf

Communications (Committee)

(February 18, 2024) Letter from Cathy Crowe (EC.New)
https://www.toronto.ca/legdocs/mmis/2024/ec/comm/communicationfile-177612.pdf
(February 19, 2024) E-mail from Philip Fillion (EC.New)
(February 19, 2024) E-mail from Clyde Robinson (EC.New)
(February 19, 2024) E-mail from Fatima Cabral (EC.New)
(February 19, 2024) E-mail from Farah Aziz (EC.New)

Communications (City Council)

(March 13, 2024) E-mail from Elizabeth Stewart (CC.Main)
(March 16, 2024) E-mail from David Blyth (CC.Supp)
(March 20, 2024) Submission from Lenka Holubec, ProtectNatureTO (CC.New)
https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-178192.pdf

Motions (City Council)

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

That City Council delete Economic and Community Development Committee Recommendation 1.

 

Recommendation to be deleted:

 

1. City Council amend Toronto Municipal Code Chapter 349, Animals to include a provision that the Executive Director, Municipal Licensing and Standards is to create and maintain a public record listing information (including the dog owner’s Forward Sorting Area (first three digits of the postal code), ward number, the dog’s name, breed and colour, and the date of the dangerous act) of all served Dangerous Dog Orders, which is to be posted in a manner available to the public.

 

and, adopt instead the following:

 

1. City Council amend Toronto Municipal Code Chapter 349, Animals to include a provision that the Executive Director, Municipal Licensing and Standards is to create and maintain a public record listing information (including the dog owner’s Forward Sorting Area (first three digits of the postal code), ward number, the dog’s name, breed and colour, and the date of the dangerous act) of all served Dangerous Dog Orders, which is to be posted in a manner available to the public map and easily searchable format and information organized by postal code and bite severity as well as any other information deemed important by the Executive Director, Municipal Licensing and Standards.


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

That:

 

1. City Council direct the Executive Director, Municipal Licensing and Standards to report back to the October 23, 2024 meeting of the Economic and Community Development Committee on:

 

a. an update on whether all 450 dogs subject to a ‘Severe’ Dangerous Dog order are in compliance with the updated by-law;


b. details on the changes implemented in 2024 and proposed in the 2025 budget to support a switch to a focus on proactive enforcement of the most severe and dangerous cases;


c. a proposed increase to the fines or fee structures for unlicensed dogs that are subject to Dangerous Dog orders; and


d. an update on the results of the 2019 Ombudsman Recommendations, including the provision of accurate and timely information to victims, the elimination of staff’s ability to deal with severe dog bites in the first instance and any additional recommended changes to improve that process.


2 - Motion to Amend Item (Additional) moved by Councillor Chris Moise (Carried)

REVISED

 

That:

 

1. City Council direct the Executive Director, Municipal Licensing and Standards to assess the feasibility of including photos of dogs on the public record of Dangerous Dog Orders, with such assessment to include privacy, technology, and legal considerations, and report back to the October 23, 2024 meeting of the Economic and Community Development Committee.


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

REVISED

 

That:

 

1. City Council express its support to the Premier of Ontario and the Ontario Attorney General for higher set fine penalties for offences related to Toronto Municipal Code Chapter 349, Animals, Section 349-15 (Dogs that have bitten, attacked or pose a menace.).
 

2. City Council direct the Executive Director, Municipal Licensing and Standards, to consider what additional proactive measures and actions can be taken to promote responsible pet ownership, as well as prevent the occurrence of future dangerous dog acts, and report back as part of the 2025 budget process, including any additional resources required.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Mar-21-2024 3:55 PM

Result: Carried Majority Required - EC10.2 - Adopt the item as amended
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Alejandra Bravo, Jon Burnside, Shelley Carroll, Olivia Chow, Mike Colle, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Brad Bradford, Lily Cheng, Vincent Crisanti, Nick Mantas, James Pasternak

2a - Response to EC6.9 - Incident and Operational Review of Serious Dog Attacks: Supplementary Report

Background Information (Committee)
(February 15, 2024) Report from the City Solicitor on Response to EC6.9 - Incident and Operational Review of Serious Dog Attacks: Supplementary Report
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-243205.pdf

EC10.2 - Response to EC6.9 - Incident and Operational Review of Serious Dog Attacks

Decision Type:
ACTION
Status:
Adopted
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 to include a provision that the Executive Director, Municipal Licensing and Standards is to create and maintain a public record listing information (including the dog owner’s Forward Sorting Area (first three digits of the postal code), ward number, the dog’s name, breed and colour, and the date of the dangerous act) of all served Dangerous Dog Orders, which is to be posted in a manner available to the public.

 

2.  City Council request the Mayor to include resources in the 2025 Budget (up to $500,000) for the Municipal Licensing and Standards Division to implement a proactive communication strategy and public education campaign to support compliance and enforcement with the goal of reducing the occurrence of dangerous dog acts.

 

3.  City Council request the Government of Ontario consider amendments to the Dog Owners’ Liability Act (DOLA) to provide an expeditious process to hear DOLA proceedings, as well as an explicit mechanism for municipalities to recover costs incurred by the municipality when it holds an animal pursuant to a warrant or interim control order under DOLA.

Decision Advice and Other Information

The Director Toronto Animal Services, Municipal Licensing and Standards, and the Deputy Medical Officer of Health gave a presentation on Response to 2023.EC6.9: Incident and Operational Review of Serious Dog Attacks.

Origin

(February 5, 2024) Report from the Executive Director, Municipal Licensing and Standards

Summary

On September 21, 2023, the Economic and Community Development Committee adopted EC6.9 - Incident and Operational Review of Serious Dog Attacks. The item included a letter from Councillor Paula Fletcher in response to a serious dog attack occurring on July 30, 2023. Staff were directed to review the specific incident, as well as procedures and processes of Toronto Animal Services (TAS) for the compliance and enforcement of Dangerous Dog Orders, including in the immediate aftermath of a serious dog attack. The Committee also requested staff review relevant Toronto Public Health (TPH) processes and procedures, as well as options to make dangerous dog charges known to the public.

 

TAS within Municipal Licensing and Standards (MLS) investigates dangerous acts committed by a dog. TAS enforces requirements under Chapter 349, Animals (the Animals By-law), which requires owners to take reasonable precautions to prevent their dog from engaging in a dangerous act. The By-law also sets out criteria for when a Dangerous Dog Order may be issued and outlines associated conditions a dog owner must comply with. TAS may also commence proceedings under the provincial Dog Owners’ Liability Act (DOLA), which states that dog owners are liable for any damages resulting from a bite or attack by their dog.

 

TPH investigates dog bites or attacks that could be conducive to the transmission of rabies to people. Investigation processes are dictated by the Health Protection and Promotion Act, its regulations, guidelines, and protocols from the Ministry of Health specific to the prevention of rabies.

 

This report summarizes results of operational reviews undertaken by MLS and TPH, as well as actions staff have completed and work that is currently underway to improve processes to support effective and timely dog investigations and enhance public safety.

 

This report was developed in consultation with TPH, Legal Services, and Strategic Public and Employee Communications. Legal Services is preparing a supplementary report for this item.

Background Information

(February 5, 2024) Report from the Executive Director, Municipal Licensing and Standards on Response to EC6.9 - Incident and Operational Review of Serious Dog Attacks
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-242868.pdf
Attachment 1: Format of Standard Dangerous Dog Warning Sign
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-242869.pdf
(February 12, 2024) Public Notice
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-242969.pdf
(February 20, 2024) Presentation from the Director Toronto Animal Services, Municipal Licensing and Standards, and the Deputy Medical Officer of Health on Response to 2023.EC6.9: Incident and Operational Review of Serious Dog Attacks
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-243230.pdf

Communications

(February 18, 2024) Letter from Cathy Crowe (EC.New)
https://www.toronto.ca/legdocs/mmis/2024/ec/comm/communicationfile-177612.pdf
(February 19, 2024) E-mail from Philip Fillion (EC.New)
(February 19, 2024) E-mail from Clyde Robinson (EC.New)
(February 19, 2024) E-mail from Fatima Cabral (EC.New)
(February 19, 2024) E-mail from Farah Aziz (EC.New)

Speakers

Cara Vanderlaan
Jason Ash, Leaside Towers Tenants Association

Motions

Motion to Adopt Item moved by Councillor Paula Fletcher (Carried)

2a - Response to EC6.9 - Incident and Operational Review of Serious Dog Attacks: Supplementary Report

Origin
(February 15, 2024) Report from the City Solicitor
Summary

The Economic and Community Development Committee requested the City Solicitor to report on options to make charges under dangerous dog legislation known to the public as well as public.

 

This supplementary report describes the legal considerations in making information about dangerous dog orders to comply publicly available on the City's website.

Background Information
(February 15, 2024) Report from the City Solicitor on Response to EC6.9 - Incident and Operational Review of Serious Dog Attacks: Supplementary Report
https://www.toronto.ca/legdocs/mmis/2024/ec/bgrd/backgroundfile-243205.pdf
Source: Toronto City Clerk at www.toronto.ca/council