5. ANIMAL CONTROL TRIBUNAL –
ADDITIONAL APPOINTMENT TRIBUNAL DE contrôle DES animaUX – NOMINATION SUPPLÉMENTAIRE |
That Council approve that the relevant provisions of the Animal Care
and Control By-law 2003-77 be amended to designate, effective December 1, 2007,
the Director, Building Code Services Branch, as an alternate to serve as the
Animal Control Tribunal to hear appeals to muzzle orders issued pursuant to the
by-law.
Que le Comité approuve la modification des dispositions pertinentes du
Règlement 2003-77 sur le soin et le contrôle des animaux afin de désigner, à
partir du 1er décembre 2007, le directeur des Services du code
du bâtiment comme suppléant pour faire office de tribunal de contrôle des
animaux en vue de l’audition des appels relatifs aux ordonnances de port de la
muselière délivrées conformément au règlement.
DOCUMENTATION
1.
Deputy City Manager, Community and
Protective Services report dated 2 November 2007 (ACS2007-CPS-BYL-0050).
Report to/Rapport au :
Community and Protective Services Committee
Comité des services communautaires et de
protection
and Council / et au Conseil
2 November 2007 / le 2 novembre 2007
Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager/Directeur municipal
adjoint,
Community and Protective
Services/Services communautaires et de protection
Contact
Person/Personne ressource : Susan Jones, Director/Directrice
By-law and Regulatory Services/Services des règlements municipaux
(613) 580-2424 x25536, susan.jones@ottawa.ca
SUBJECT: |
ANIMAL CONTROL TRIBUNAL –
ADDITIONAL APPOINTMENT
|
|
|
OBJET : |
TRIBUNAL
DE contrôle DES animaUX – NOMINATION SUPPLÉMENTAIRE
|
REPORT RECOMMENDATIONS
That the Community and Protective Services Committee recommend to Council
that the relevant provisions of the Animal Care and Control By-law 2003-77 be
amended to designate, effective December 1, 2007, the Director, Building Code
Services Branch, as an alternate to serve as the Animal Control Tribunal to hear appeals to
muzzle orders issued pursuant to the by-law.
Que le Comité des services communautaires et de protection recommande au
Conseil que les dispositions pertinentes du Règlement 2003-77 sur le soin et le
contrôle des animaux soient modifiées de façon à désigner, avec effet au 1er
décembre 2007, le directeur des Services du code du bâtiment comme suppléant
pour faire office de tribunal de contrôle des animaux en vue de l’audition des
appels relatifs aux ordonnances de port de la muselière délivrées conformément
au règlement.
The License Committee is a quasi-judicial body that conducts oral hearings in accordance with the Statutory Powers Procedures Act and had, post-amalgamation, also served as the Animal Control Tribunal. At its meeting of December 6, 2006, Council, as part of its 2006-2010 governance review, approved the delegation of the authority to act as the Tribunal to the Director of By-law and Regulatory Services, in line with the current practice in the City of Toronto and a number of other municipalities. This transfer of authority streamlined the process of appeals for muzzle/leash orders and reduced the workload of the Committee.
It would be prudent to appoint an alternate to serve as the Animal Control Tribunal given challenges associated with scheduling hearings and to address issues associated with unavailability due to illness, incapacitation, etc. It is therefore proposed that the Director of Building Code Services Branch be appointed as the alternate.
The City had, post-amalgamation, established a three-member sub-committee of the then Emergency and Protective Services Committee of Council, known as the License Committee, to serve as a quasi-judicial body tasked with imposing suspensions or revocations of business licenses. It also served as the Animal Control Tribunal wherein it heard submissions from dog owners who wished to appeal the muzzle/leashing orders imposed by By-law Officers pursuant to the Animal Care and Control By-law 2003-77.
At its meeting of December 6, 2006, Council, as part of its 2006-2010 governance review, delegated to the Director of By-law and Regulatory Services the authority to act as the Tribunal for purposes of hearing appeals and rendering decisions on the muzzling/leashing orders. The delegation of authority was on the basis that the Director is not directly involved with dog bite/attack investigations and has no prior knowledge of the incidents, it therefore being appropriate for her/him to render decisions on appeals of this nature. The intent of the delegation was to streamline the process for appeals to muzzling/leashing orders and reduce the workload of the Committee. The effective date of delegated authority was February 1, 2007. This appeal structure and process are practiced in other Ontario municipalities, such as the City of Toronto, with a high level of efficacy.
Since the implementation of the aforementioned delegated authority, the process of oral hearings, in accordance with the Statutory Powers Procedure Act, whereby due process prevails and fair hearings are conducted, has continued, with the Director of By-law and Regulatory Services presiding as Chair of the Tribunal.
Given however that only one individual has been appointed to serve as the Tribunal and in light of challenges associated with scheduling hearings, it would be prudent to appoint an alternate to serve in this capacity. An alternate would also address issues such as the unavailability of the current Chair due to illness, incapacitation, etc. It is proposed therefore that the Director of Building Code Services Branch be appointed as the alternate given that position’s familiarity with the regulatory framework and process, and its standing as an Official of the City.
Given the
administrative nature of the recommendation, public consultation is unnecessary
and was not undertaken.
The current
incumbent in the position of Director of Building Code Services Branch concurs
with the recommendation.
There are no direct financial implications associated with the recommendation.
The recommendation has no direct impact on the City Strategic Directions.
Legal Services Branch, in consultation with the By-law and Regulatory Services Branch to process the by-law to Council for enactment