BOARD OF HEALTH

SPECIAL MEETING

A G E N D A

Date of Meeting:Tuesday, December 1, 1998Enquiry:Christine Archibald

Metro Hall, 55 John Street,carchiba@city.toronto.

Torontoon.ca

DECLARATIONS OF INTEREST PURSUANT TO THE MUNICIPAL CONFLICT OF INTEREST ACT

1.REVISED ANIMAL CONTROL BY-LAW

City Solicitor

(October 29, 1998)

Providing the Board of Health with a revised draft animal control by-law which reflects the recommendations made by the Animal Services Advisory Subcommittee of the Board of Health; and

Recommending that authority be granted to introduce the necessary Bill in Council in the form or substantially in the form of the draft by-law attached to the foregoing report.

(A)Councillor Irene Jones, Chair, Animal Services Subcommittee of the Board of Health

(November 16, 1998)

Forwarding the action taken by the Animal Services Subcommittee of the Board of Health; and

Recommending the following changes to the proposed by-law respecting animals:

a.Leg-hold and such other traps in the City

The Subcommittee requested the Board of Health and City Council to consider making application for special legislation from the Province so as to permit the bylaw to cover the prohibition of leg-hold and other such traps in the City.

b.Wildlife Removal Companies

The Subcommittee requested the Board of Health to defer consideration of this issue until the new Fish and Wildlife Conservation Act by the Ministry of Natural Resources is proclaimed and that this matter be reviewed by the Animal Services Advisory Subcommittee in the next 12 months.

c.Sections 19 & 20 - (cats trespassing)

The Subcommittee requested:

-references to the word "trespass" in these sections be deleted and replaced with the words "at large"; and

-a new definition for "cat at large" be provided in Part 1, Section 1.

d.Sections 13(1) and 20(1)

The Subcommittee recommended that the Board of Health amend these sections of the bylaw by adding after the word "euthanized", the following words "by the Medical Officer of Health, pursuant to subsection (2)".

e.Section 3

The Subcommittee requested:

(1)that the City Solicitor clarify the use of the word "premises" in this section and whether it includes foster programs under the supervision of an affiliate or branch of the Ontario Society for the Prevention of Cruelty to Animals; and

(2)that the Toronto Wildlife Centre be included among the list of exemptions contained therein.

f.Section 3(3)

The Subcommittee requested that the word "accredited" be inserted before the words "veterinary hospital".

g.Part III, Section 5

The Subcommittee recommended the following amendments to this section of the by law:

-add the words "shelter," after "appropriate care,";

-delete the words "from time to time" after the word "required", and

-add the words "to meet the needs of the species." after the word "required".

so that the section now reads as follows:

"5.Every person who keeps an animal within the City's boundaries shall provide the animal or cause it to be provided with adequate and appropriate care, shelter, food, water, exercise, attention and veterinary care as may be required to meet the needs of the species."

h.Section 7(2)

The Subcommittee recommended this section be amended by adding the words "that the animal is supervised and that" after the word "ensure" so that it now reads as follows:

"7.(2)Every person who has tethered an animal shall ensure that the animal is supervised and that the animal has unrestricted movement within the range of the tether."

i.Sections 13(6) and 20(6)

The Subcommittee recommended that these sections be amended by deleting the words "maximum tariffs" and inserting in lieu thereof the words "suggested fee guide".

j.Section 23

The Subcommittee recommended that this section be deleted and subsequent sections renumbered accordingly.

k.Section 25, Part VIII - Offences

The Subcommittee recommended that the phrase "and on conviction liable to a fine of not more than the maximum fine under section 61 of the Provincial Offences Act." be inserted after the word "offence".

l.Schedule A, Prohibited Animals

The Subcommittee requested staff to consider the following amendments:

-create a permitted list, rather than prohibited list of animals in this section;

-under 'Mammals', include the words "Ursidae (bears) and "Viverridae (such as mongooses, civets, genets)"

-under 'Birds - Columbiformes', insert the words "captive bred" before the words "Rock Dove"

-under 'Reptiles - Squamata', insert the phrase "which may grow to be" before the word "larger"

-under 'Reptiles - Gekkonidae', replace with the words "such as Tokay gecko"

-under 'Reptiles - Iguanidae', replace with the words "Iguana, iguana"

-under 'Other', delete the words "reptiles, amphibians and Invertebrates" and add the words "and poisonous animals"

-under 'Other', consider rewording the phrase "indigenous to Canada" in consultation with representatives from Animal Alliance, Toronto Wildlife Centre and Zoocheck Canada

-under 'Other', adding the words "or provincial or federal legislation" after the acronym (IUCN)

m.General

The Subcommittee also recommended that the Board of Health:

(1)give consideration to the feasibility of establishing future by-laws:

(a)to certify professional dog walkers;

(b)to establish leash-free zones;

(c)to licence/identify and regulate the keeping of and use of guard dogs, including such things as hours of work and training;

(d)to ban the sale of dogs/cats from pet shops; to ban use of live animals in circuses; and to ban use of horse drawn carriages; and

(e)to regulate the use of poisons and adhesives.

(2)give consideration to holding:

(a)an aggressive public education campaign to spay/neuter cats and dogs and/or microchipping, in consultation with animal service organizations; and

(b)assist persons with low-income and seniors in this regard with funds recovered from cat registration fees.

(B)Interim Contact, Board of Health for the City of Toronto Health Unit, addressed to all Community Councils

(September 16, 1998)

Forwarding the action taken by the Board of Health on September 15, 1998, whereby the Board:

(1)Adopted the report (September 1, 1998) from the Medical Officer of Health recommending:

(i)That this report be forwarded to each Community Council for further consultation on October 14, 1998 with the community and that comments be forwarded to the Board of Health by October 23, 1998;

(ii)that the Board of Health give consideration to holding a special meeting in mid-November to hear deputations on draft animal care and control legislation;

(2)adopted the joint report (August 26, 1998) from the Medical Officer of Health and City Solicitor recommending that the attached by-law be forwarded to the Community Councils for consideration at their meetings on October 14, 1998 and that the recommendations from those meetings be forwarded to the Board of Health by October 23, 1998.

(C)City Clerk, Toronto Community Council

(October 21, 1998)

Recommending that:

(1)the draft by-law attached to the joint report (August 26, 1998) from the Medical Officer of Health and the City Solicitor be adopted subject to the following amendments:

(a)deleting Sections 19 and 20;

(b)adding the Toronto Wildlife Centre to the list of facilities exempt from the prohibition in Section 3;

(c)amending Section 5 to read: "Every person who keeps an animal within the City's boundaries shall provide the animal or cause the animal to be provided with adequate and appropriate living conditions including care, food, water, shelter, exercise, attention and veterinary care as may be required to meet the species-specific needs of the animal and to keep the animal in good health.";

(d)amending Section 13(1) by adding the words, "euthanized for humane reasons";

(e)adding a new Section 24 to read:

"24.A special fund be set up by the City from the cat registration revenues to assist the elderly and poor with the cost of pet sterilization."

and renumbering the remaining Sections accordingly.

(f)adding a new Section to read:

"No one shall be permitted to set a snare, leghold, body-gripping or similar trap in the City of Toronto."

(2)the City adopt a policy whereby all animals that are adopted from municipal pounds are micro-chipped;

(3)the City adopt a policy whereby guard dogs and personal assistance dogs are micro-chipped;

(4)the City consult with a microchip company on the means to administer Recommendation Nos. (2) and (3);

(5)the Toronto Humane Society be requested to ensure that, as a matter of policy, all impounded animals are scanned for a microchip on their arrival at the shelter, so that the owner can be quickly identified;

(6)the following off leash hours be instituted in Jean Sibelius Park for a period of six months:

Weekdays : 7:00 a.m - 9:00 a.m. and 6:00 p.m. - 10:30 p.m.

Weekends:8:30 a.m. - 10:30 a.m. and 6:00 p.m. - 10:30 p.m.

(7)the Park Users' Committee of the Annex Residents' Association be recognized as the "dog watch community group" for the Jean Sibelius Park, as requested by City policy on leash-free areas in City parks.

The Toronto Community Council also requested the Board of Health to submit the Board's recommendations on the issues of fines and enforcement to Council for its consideration, at the same time as the Board submits the draft by- law.

(D)City Clerk, East York Community Council

(October 19, 1998)

Advising that East York Community Council; viz:

(1)requested the Medical Officer of Health to submit a consolidated report to the Board of Health meeting scheduled for November 10, 1998, which shall incorporate recommendations from all Community Councils, including the following:

(a)the adoption of the City of Toronto By-law Respecting Animals as appended to the joint report (August 26, 1998) from the Medical Officer of Health and the City Solicitor, subject to amending such By-law:

(i)in accordance with the recommendations embodied in the joint communication (October 14, 1998) from Ms. Liz White, Director, Animal Alliance of Canada (AAC), Toronto; Mr. Barry MacKay, International Programme Director, Animal Protection Institute, (API), Markham; Ms.AinslieWillock, Director, Canadian Alliance of Furbearing Animals, (CAFA), Toronto; and Ms.HollyPenfound, Director, Zoocheck Canada Inc., East York:

(1)Part II, Prohibited Animals, Section 3: That the Toronto Wildlife Centre should be added to the list of facilities exempt from the prohibition;

(2)Part III, The Care of Animals, Section 5: That the wording in this section be replaced with "Every person who keeps an animal within the City's boundaries shall provide the animal or cause the animal to be provided with adequate and appropriate living conditions including care, food, water, shelter, exercise, attention and veterinary care as may be required to meet the species-specific needs of the animal and to keep the animal in good health";

(3)Part IV, Dogs, Section 13(1) be amended by adding the words "euthanized for humane reasons";

(4)Part V, Cats, Section 19 be amended to delete the word "trespass" and replace it with "roaming at large on private property other than that of the owner on a complaint basis";

(5)Part V, Cats, Section 20(1) be amended by deleting the word "trespassing" to "roaming at large on private property other than that of the owner, on a complaint basis" and by adding the words "euthanized for humane reasons";

(6)Part VI, Spay/Neuter Clinics, be amended by adding Section 24 which would read "A special fund be set up by the City from the cat registration revenues to assist the elderly and poor with the cost of pet sterilization"; and

(7)That a new section be added to read "No one shall be permitted to set a snare, leghold, body-gripping or similar trap in the Cityof Toronto" and that Council request enabling legislation from the Provincial government, similar to that held by the former City of Toronto and City of Scarborough, in order to provide the new City of Toronto with the power to enact this section of the by-law;

(ii)by adding to subsection 11(3), under Part IV, "Dogs", after the words "leash which shall not exceed two (2) metres in length", the words "or any hand held spring device", so that such subsection shall now read as follows:

"11(3)No person shall keep a dog off the premises of the owner other than on a leash which shall not exceed two (2) metres in length, or any hand held spring device, except where consent is given by the person owning the property where the dog is found";

(iii)by including in Part VII, "Pigeons":

(1)very clear restrictions on how pigeons are to be maintained outside and how the areas in which they are kept are to be disinfected;

(2)restrictions on where the food supplies are to be stored and the manner in which the birds are to be fed, in order to eliminate the attraction of vermin and rodents; and

(3)a provision which would limit the maximum number of pigeons that may be kept by an individual to sixty (60) during the racing seasons and forty (40) during the non-racing season;

(iv)by substantially increasing the licence fees for animals that are not spayed or neutered, particularly cats, in order to encourage pet owners to have their animals spayed or neutered; and

(v)by adding an exemption for individuals who provide "fostering" care for animals; and

(b)that, if there is any available space in any municipally-owned animal shelter, consideration be given to permitting animal rescue agencies the use of this available space, free of charge or for a nominal fee, for adoption facilities; and

(2)referred all submissions received by the East York Community Council in regard to the proposed By-law Respecting Animals to the Board of Health for further consideration in the preparation of the final by-law in this regard.

(E)City Clerk, Etobicoke Community Council

(October 16, 1998)

Advising that Etobicoke Community Council:

(1) Endorsed the following proposals of the Toronto Humane Society with respect to the draft animal care and control legislation that Toronto City Council:

(i)adopt a policy whereby all animals that are adopted from municipal pounds are micro-chipped;

(ii)adopt a policy whereby guard dogs and personal assistance dogs are micro-chipped; and

(iii)consult with a micro-chip company on the means to administer such a system;

(2)strongly supported the introduction of leash-free areas in City Parks and endorsed the Uniform Policy for Leashed and Unleashed Dogs in Parks;

(3)endorsed the recommendations of the Animal Alliance of Canada, the Animal Protection Institute, the Canadian Alliance for Furbearing Animals and Zoocheck Canada Inc. for amendments to the draft animal care and control legislation; and

(4)endorsed the Stoop and Scoop Provision of the proposed by-law and its appropriate enforcement.

(F)City Clerk, North York Community Council

(October 19, 1998)

Referring the following to the Board of Health:

1.WHEREAS our recreational parks are being overrun by irresponsible dog owners who are allowing their dogs to run loose; and

WHEREAS the responsible dog owner has become increasingly fed up with the conduct of the irresponsible dog owner; and

WHEREAS the irresponsible dog owner has put the City in a very difficult situation; and

WHEREAS it has contributed in the public having less faith is trusting loose dogs; and

WHEREAS the City's enforcement of the dog loose leash by-law should become heightened;

THEREFORE BE IT RESOLVED THAT the City's Health Department carry out aggressive enforcement of the following by-laws as they relate to dogs and dog owners:

Dog loose leash, stoop and scoop, noise and biting.;

AND BE IT FURTHER RESOLVED THAT:

(1)should an offence be acknowledged by the City's Health Department, the dog owner be given written warning on a first and second offence of the by-law; and

(2)should a third offence be acknowledged by the City's Health Department, that a fine be set for the dog owner at a minimum fine of $1,000.00;

2.each household in the new City of Toronto be permitted a maximum of two dogs;

3.Part II, Prohibited Animals, Section 3, of the draft by-law be amended to add the Toronto Wildlife Centre to the list of facilities exempt from the prohibition;

4.a new section be added to the draft by-law to read:

"No one shall be permitted to set a snare, leghold, body-gripping or similar trap in the City of Toronto.";

5.Recommendation (4) embodied in the joint report (June 30, 1998) from the Commissioner of Economic Development, Culture and Tourism and the Medical Officer of Health, as amended by Clause 1 of Report No. 7 of the Community and Neighbourhood Services Committee, be amended to provide for the following:

"That the off-leash area in Sherwood Park be discontinued pending the fast track evaluation that is currently under way.";

and that this amendment also be forwarded to the Economic Development Committee; and

6.the following submissions be referred to the Medical Officer of Health for a report to the Board of Health:

(a)(October 14, 1998) - recommendations 2. - 6. contained in the joint submission from the Animal Alliance of Canada, Animal Protection Institute, Canadian Alliance for Furbearing Animals and Zoocheck Canada Inc.,

(b)(October 14, 1998) from Toronto Wildlife Centre; and

(c)(October 14, 1998) from The Toronto Humane Society.

(G)City Clerk, York Community Council

(October 20, 1998)

Recommending that:

(1)Recommendations 1, 2, 4, 6 and 7 in the joint communication (October 14, 1998) from the Animal Alliance of Canada (AAC), the Animal Protection Institute (API), the Canadian Alliance for Furbearing Animals (CAFA), and Zoocheck Canada Inc., be endorsed;

(2)with respect to the Proposed By-law Respecting Animals:

(a)Part IV, DOGS, Section 13(1), that the words "for humane reasons" be added to the end of the paragraph to read as follows:

"13.(1)Any dog running at large contrary to the provisions of this by-law may be seized and impounded, or euthanized, for humane reasons."

(b)PART V, CATS, Section 20(1), that the words "for humane reasons" be added to the end of the paragraph to read as follows:

"20.(1)Any cat trespassing contrary to the provisions of this by-law may be seized and impounded, or euthanized, for humane reasons.".

(H)City Clerk, Scarborough Community Council

(November 17, 1998)

Advising that Scarborough Community Council, at its meeting held on November 12, 1998, made no recommendation with respect to the Draft Municipal Animal Care and Control Legislation and The Uniform Policy for Leashed and Unleashed Dogs in Parks.

(I)Joseph Frankovic and Janet Lawrence, Toronto

(October 11, 1998)

(J)Louis McCann, Executive Director, PIJAC Canada (Pet Industry Joint Advisory Council)

(November 5, 1998)

(K)Margaret S. Both, Vice-President, OHS

(November 6, 1998)

(L)Dr. Wolfgang Zenker, Burloak Animal Clinic, Oakville

(October 26, 1998)

(M)C. M. McIntosh and Margaret Ratan, Don Mills

(November 2, 1998)

(N)Jack Warren, Toronto

(September 30, 1998)

(Attachments on file)

(O)Vernon Nixon

(October 6, 1998)

(P)Rhea Plosker and Michael Carter, Toronto

(October 12, 1998)

(Q)Holly Penfound and Lesli Bisgould, Directors, Zoocheck Canada Inc.

(October 12, 1998)

(R)Ian Clifford, Toronto

(October 13, 1998)

(S)Heather Speakman, Toronto

(October 14, 1998)

(T)Sheila Bacher, Toronto

(October 18, 1998)

(U)Thea Botsford, Toronto

(November 15, 1998)

(Attachments on file)

(V)Heather Hogben, Toronto

(November 17, 1998)

(W)Lois Horst, Toronto

(November 18, 1998)