HomeMy WebLinkAboutCOR-2025-204 - Terms of Reference - Dog Designation Appeal Committee and Property Standards Appeal CommitteeStaff Report
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Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: May 12, 2025
SUBMITTED BY: Amanda Fusco, Director, Legislated Services and City Clerk, 519-904-
1402
PREPARED BY: Dianna Saunderson, Deputy Clerk/Manager Council & Committee
Services, 519-904-1410
Mariah Blake, Committee Coordinator 519-783-8999
WARD(S) INVOLVED: All Wards
DATE OF REPORT: April 18, 2025
REPORT NO.: COR -2025-204
SUBJECT: Terms of Reference — Dog Designation Appeal Committee and Property
Standards Appeal Committee
RECOMMENDATION:
That the Terms of Reference for the Animal Designation Appeal Committee and the Dog
Designation Appeal Committee, as outlined in Appendix `A' of the Corporate Services
Department report COR -2025-204, be approved; and,
That an appeal fee for the Animal Designation Appeal Committee and Dog Designation
Appeal Committee be added to the 2025 User Fee schedule in the amount of $125.; and,
That the Terms of Reference for the Property Standards Committee be amended to allow
members of the Animal/Dog Designation Appeal Committee to serve as ex officio
members of the Property Standards Committee, when needed; and,
That the current appointments to the Animal/Dog Designation Appeal Committee and the
Property Standards Appeal Committee remain in effect until the recruitment process is
completed, and new members can be appointed.
REPORT HIGHLIGHTS:
The purpose of this report is to establish a formal Terms of Reference for the Animal
Designation and Dog Designation Appeal Committee.
On April 8, 2025, Council approved revisions to the Committee's composition to allow for
the appointment of Council members and public members to form the Committee.
The proposed composition of the committee is being recommended to appoint up to five
members, comprising of the following: up to three members of the public with expertise
in adjudication and/or animal behaviour, and up to two members of Council, who will be
scheduled on a rotating basis.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 118 of 177
• The Terms of Reference provide greater transparency, accountability, and guidance to
the Committee's operational procedures.
• To support public participation, staff recommend an honorarium for public members of
$125. per meeting if serving as the Chair, and a $100. per meeting for committee
members. The proposed appeal fee will assist to offset costs of the honorarium for public
members.
• To improve scheduling flexibility and ensure quorum, a cross -appointment model is
proposed, permitting members of the Animal/Dog Designation and Property Standards
Appeal Committees to serve as ex officio members on each other's committees when
needed.
• This report supports the delivery of core services.
BACKGROUND:
On April 8, 2025, Council approved changes to the composition of the Dog Designation Appeal
Committee and Animal Designation Appeal Committee, as outlined in COR -2025-111. These
changes necessitated the development of a Terms of Reference to ensure clarity, fairness, and
operational consistency in the Committee's processes. The revised Terms of Reference
establish a clear structure and procedural framework, supporting transparency and procedural
fairness for the application and administration of the City's Animal and Dog Ownership By-laws.
The Dog Designation Appeal Committee provides a formal process through which dog owners
may appeal designations made by the City's Animal Services provider. The Animal Designation
Appeal Committee provides a formal process for residents to make an appeal to Committee to
amend the restricted animal list.
With the inclusion of both Council and public members - moving from a previously Council -only
composition - the updated structure aims to bring a broader range of expertise and improve
scheduling flexibility.
REPORT:
Following Council's direction on April 8, 2025, staff developed updated Terms of Reference for
the Animal Designation Appeal Committee and Dog Designation Appeal Committee. These
updates reflect a revised structure for the committees, including membership and composition.
The revised committees will consist of up to five members:
• Up to Three (3) members of the public with relevant expertise
• Up to Two (2) members of Council
Each hearing will be scheduled to ensure at least one member of Council, and one public
member are present to provide balanced representation.
Decision -Making Process: Decisions made by the Committee will continue to be referred to
the next Council meeting for ratification. If an appellant is dissatisfied with the Council's decision,
they may appeal to Divisional Court.
Honorarium for Public Members: To support the participation of members of the public, staff
recommend offering an honorarium of $125. per meeting for the Chair and $100 per meeting for
Page 119 of 177
the members, payable upon attendance. This honorarium is consistent with the Property
Standards Committee and is intended to recognize the time and expertise of the public members.
Appeal Fee: To help offset the costs associated with increased public participation, staff
propose implementing an appeal fee of $125. This fee will help mitigate any budgetary variances
resulting from the updated structure and additional public involvement.
Cross -Committee Ex Officio Membership: To improve operational efficiency, staff are also
recommending that members of the Property Standards Appeal Committee be authorized to
serve as ex officio members on the Animal Designation Appeal Committee and Dog Designation
Appeal Committee when needed, and vice versa. The Committee members do have similar
types of experience required to be considered for appointment, so the cross -appointment model
will allow for greater flexibility in scheduling urgent matters, while maintaining fairness and
impartiality. Given the relatively low frequency and volume of cases, this arrangement will
enhance the effectiveness of both committees.
Summary of the Recommendations:
• Approve the updated Terms of Reference for the Animal Designation Appeal Committee
and Dog Designation Appeal Committee, as outlined.
• Approve the honorarium of $125. per meeting for the Chair and $100 per meeting for the
members, payable upon attendance.
• Approve the implementation of an appeal fee of $125.
• Approve the proposal for ex officio cross -appointments between the Animal/Dog
Designation Appeal Committees and the Property Standards Appeal Committee.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget - The proposed recommendations to amend the committee composition to
include public members is expected to have a negligible effect on the operating budget. The
Committee currently has its own operating budget that is allocated $1,000 to cover honorariums.
To ensure the Committee is in line with the previously approved honorariums, it is recommended
that any public members scheduled to attend a meeting, be paid the same rate that is paid to
members of the Property Standards Committee, $125 Chair (s) and $100 Member (s).
With the proposed changes in Committee composition, it is also being proposed at this time to
implement an appeal fee of $125. to potentially off -set any potential variances in the Legislated
Services Operating budget. Additionally, does help to minimize frivolous appeals and some cost
recovery for staff time in facilitating the hearings.
COMMUNITY ENGAGEMENT:
Page 120 of 177
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• COR -2025-111— 2025 Dog Designation Appeal Committee Review
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Attachment A — Dog Designation Appeal Committee and Animal Designation Appeal
Committee — Terms of Reference
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POLICY
CAT -SUB-####
Dog Designation Appeal Committee and Animal
Category
Sub -category
Designation Appeal Committee — Terms of
GOV -
BOA - Board &
Reference
Governance
Committee
Approval Type
Department/Division
Author and Position
COUNCIL
Corporate
Mariah Blake, Committee
Services/Legislated
Coordinator
Services/Council/Committee
Services
Date Approved
Last Reviewed/Amended
NextReview Date
CHGk here'to eu iter s
CiuGk Ilheire to enter s
Clll dk hereto enter el deme
date
ate.
Related Policies or Procedures
• [Title with embedded link]
1. Policy Purpose
The purpose of this policy is to establish the Terms of Reference for the Dog
Designation and Animal Designation Appeal Committees.
The Animal Designation Appeal Committee considers appeals to add or change the
classification of animal species as permitted, restricted, or prohibited under Chapter
408 (Animals — Regulation) of the City of Kitchener Municipal Code, and makes
recommendations to Council based on criteria related to public health and safety,
animal welfare, and environmental impact.
The Dog Designation Appeal Committee considers an appeal (s) by a dog owner who
has been designated under Chapter 420 (Dog -Designations) of the City of Kitchener
Municipal Code as potentially dangerous, dangerous, restricted, or prohibited by the
Animal Services Provider as per the City of Kitchener Dog Designation By-laws.
The Animal Designation Appeal Committee and Dog Designation Appeal Committee
operate as quasi-judicial committees of Council and all decisions arising from the
hearing are ratified at a subsequent Council meeting.
2. Definitions
Agent: An individual authorized prior to the hearing, by signature of the dog
owner/appellant to address the Dog Designation Appeal Committee or Animal
Designation Appeal Committee on behalf of the appellant.
Appellant: A dog owner that has been served with a dog designation from the animal
services provider and who has submitted a Notice of Appeal to the Committee
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Secretary within the five (5) working days of being served with the designation, or a
resident who has submitted an appeal to add or change the classification of animal
species as permitted, restricted or prohibited.
Animal Services Officer: Animal Service Officers are staff from the animal services
provider responsible for responding to animal complaints, issuing dog designations,
and ensuring the designations and conditions have been complied with. Responding
animal service officers attend Committee meetings as the Respondent to provide
evidence, and are represented by the City Solicitor or their delegate.
Chair: The Chair moves forward business outlined on the meeting agenda, ensures
decorum is maintained at meetings, and the rules of procedure and conduct are
observed.
Secretary Treasurer: The Secretary Treasurer is a staff member appointed by the
Committee and is a non-voting member. They provide administrative support to the
Committee, and procedural advice within hearings. The Secretary Treasurer may also
be referred to as Committee Coordinator.
Vice Chair: The Vice Chair acts in the absence of the Chair and assumes the roles
and responsibilities of the Chair.
Quorum: The minimum number of Committee members that must be in attendance
to conduct hearings.
3. Policy Scope
POLICYAPPLIES TO THE FOLLOWING:
L7 All Employees
L7 All Full -Time Employees
L7
All Union
L7 Management
L7
C. U. P. E. 68 Civic
L7 Non Union
L7
C. U. P. E. 68 Mechanics
L7 Temporary
L7
C. U. P. E. 791
L7 Student
L7
1. B. E. W. 636
L7 Part -Time Employees
O
K. P. F. F. A.
L7 Specified Positions only:
O
Other:
L7 Council
O
Local Boards & Advisory Committees
Application
❑ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part-
time, Casual, Probationary, Student, Management, Non-union)
❑ Unions (Indicate below which categories apply: All Unions, COPE 68 Civic, COPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA)
❑ Council
❑ Specified Positions:
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❑x Other: Local Boards and Advisory Committees
4. Policy Content
4.1 Purpose of the Committee
The Animal Designation Appeal Committee hears appeals to add or change the
classification of animal species as permitted, restricted, or prohibited under
Chapter 408 (Animals — Regulation) of the City of Kitchener Municipal Code,
and makes recommendations to Council based on criteria related to public
health and safety, animal welfare, and environmental impact.
The Dog Designation Appeal Committee hears the appeal of any dog owner
who has been served with a dog designation issued Chapter 420 (Dog -
Designations) of the City of Kitchener Municipal Code of the City of Kitchener
Municipal Code and who is not satisfied with the terms or conditions of the
designation.
4.2 Roles and Responsibilities
The Animal Designation Appeal Committee and Dog Designation Appeal
Committee are governed by procedures detailed in the Municipal Act, 2001, the
Statutory Powers Procedures Act, the Municipal Conflict of Interest Act and the
Municipal Freedom of Information and Protection of Privacy Act.
The Animal Designation Appeal Committee and Dog Designation Appeal
Committee are guided by regulations established by Council within Chapter 420
(Dog -Designations) and Chapter 421 (Responsible Dog Ownership) of the City
of Kitchener Municipal Code and Chapter 408 (Animals — Regulation) of the
City of Kitchener Municipal Code.
The Animal Designation Appeal Committee considers appeals submitted under
Chapter 408 (Animals — Regulation) of the City of Kitchener Municipal Code
and has the authority to recommend to Council any of the following actions:
i. Recommend that a mammal species be designated as a
permitted or restricted animal, based on an assessment of captive
breeding history, the general public's ability to provide appropriate
care, the minimal danger to public health and safety, and the
minimal risk to the local ecosystem;
ii. Recommend that a bird species be designated as a restricted or
prohibited animal, where captive breeding history is insufficient,
appropriate care by the general public cannot be ensured, or
where there is a more than minimal risk to public health, safety,
or the local ecosystem;
iii. Recommend that a reptile, amphibian, fish, or invertebrate
species be designated as a restricted or prohibited animal, where
appropriate care cannot be ensured, or where there is a more
than minimal risk to public health, safety, or the local ecosystem;
and
iv. Render a deferral or an adjournment.
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The Dog Designation Appeal Committee considers appeals to designations
applied by the animal services provider and has the ability to decide any of the
following:
i. Affirm or rescind the animal services provider's designation of
the dog;
ii. Substitute its own designation of the dog as potentially
dangerous, dangerous, restricted, or prohibited; and
iii. Substitute its own requirements of the owner of the dog
including requirements the Dog Designation Appeal Committee
may tailor to the specific circumstances before it or uphold or
vary the requirements imposed by the Animal Services
Provider; and,
iv. Render a deferral or an adjournment.
4.3 Governance
The Animal Designation Appeal Committee and Dog Designation Appeal
Committee shall adhere to the City policies and procedures, the Statutory
Powers Procedure Act, Municipal Conflict of Interest Act, Chapter 420 (Dog -
Designations), Chapter 421 (Responsible Dog Ownership) of the City of
Kitchener Municipal Code, Chapter 408 (Animals — Regulation) of the City of
Kitchener Municipal Code and the Municipal Freedom of Information and
Protection Act.
The Committee shall use the guidance of Chapter 25 (Procedure) of the City of
Kitchener Municipal Code to ensure a fair and unbiased hearing.
5. GENERAL
5.1 Composition
The Animal Designation Appeal Committee and Dog Designation Appeal
Committee shall be comprised of a minimum of five (5) members. The Chair
shall be selected by the committee on an ad hoc basis at each hearing.
The Dog Designation Appeal Committee shall be composed of:
• Up to two (2) members of Council; and,
• Up to three (3) citizen members appointed by Council.
In the event of scheduling challenges, members of the Property Standards
Appeal Committee and the Animal/Dog Designation Appeal Committee may
serve as ex officio members of each other's Committees, as necessary, to
ensure timely and efficient scheduling of hearings.
5.2 Qualifications
Consideration of the following criteria will be given for the appointments to the
Dog Designation Appeal Committee and Animal Designation Appeal
Committee:
• Will comply with the criteria outlined in Council Policy GOV-BOA-063
(Appointment to Boards & Committees);
• Demonstrated interest, academic qualification, work experience,
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knowledge or professional expertise.
Availability to attend meetings shall also be considered;
Knowledge and/or understanding of Chapter 420 (Dog -Designations),
Chapter 421 (Responsible Dog Ownership) and Chapter 408 (Animals -
Regulation) of the City of Kitchener Municipal Code would be considered
an asset;
Knowledge/Experience in one or more areas would be considered an
asset:
• Legal tribunal governance
• Municipal Policy
• Veterinarian Studies
• Dog Training
• Animal control or animal behaviour
• Involvement in a local kennel club
Ensuring a balance between experience and new membership;
Demonstrated decision-making, communication, and mediation skills to
facilitate an open and fair hearing process.
5.3 Term of Appointment
The Committee shall serve for a two-year term or, another term determined by
the Council that appointed them and, they shall remain members of the
Committee until their successors are appointed. Where a member ceases to be
a member before the expiration of their term, Council will appoint another
person for the unexpired term.
5.4 Remuneration
The Chair, if they are a member of the public, shall be compensated $125 for
each meeting they attend; and, Committee members, who are members of the
public, shall be compensated $100 for each meeting they attend. Honorariums
will be paid following participation in each Animal Designation Appeal
Committee and/or Dog Designation Appeal Committee meeting and will not be
subject to income tax deductions by the City.
5.5 Code of Conduct
The Animal Designation Appeal Committee and/or Dog Designation Appeal
Committee members shall comply with any applicable legislation and
regulations under the Statutory Powers Procedure Act and shall abide by the
Code of Conduct adopted by Council.
5.6 Conflict of Interest
The Municipal Conflict of Interest Act sets out a primary set of ethical rules for
Council, Committee and local board members. These rules apply if members
have a pecuniary (financial) interest in a matter that is before them at a meeting.
The legislation requires a member with a pecuniary interest to:
• disclose the interest and its general nature before the matter is
considered at the meeting;
• complete any required form (s) to necessary by the municipal conflict of
interest act;
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not take part in the discussion or voting on any question in respect of the
matter;
not attempt to influence the voting, during or after the meeting; and
immediately leave the meeting, if the meeting is closed to the public.
Regarding procedural fairness, members of the Animal Designation Appeal
Committee and Dog Designation Appeal Committee should consider taking the
above -noted steps where they believe they have an actual bias or where a
reasonable apprehension of bias may exist which could impact their ability to
decide fairly on a particular matter before them at a meeting.
In determining whether there is a reasonable apprehension of bias, the member
should consider whether a reasonable and informed person, with knowledge of
all relevant circumstances, viewing the matter realistically and practically, would
think that it is more likely than not that the member, whether consciously or not,
would not decide the matter fairly.
5.7 Resources to the Committee
The Secretary-Treasurer/Committee Coordinator is a City of Kitchener staff and
is a non-voting member. They provide administrative support to the Committee
and, procedural advice within hearings.
The Secretary Treasurer/Committee Coordinator will provide or arrange for the
provision of orientation and training to Committee members following their
appointments relating to the role of the Animal Designation Appeal Committee
and/or Dog Designation Appeal Committee to ensure awareness of Chapter
420 (Dog -Designations), Chapter 421 (Responsible Dog Ownership), Chapter
408 (Animals — Regulation) of the City of Kitchener Municipal Code, and all
related policies and procedures necessary for rendering decisions. The
Secretary Treasurer will arrange for additional training and educational
sessions for the Committee or individual members as requested by the
Committee or a member of the Committee.
The City of Kitchener Legal Staff who are not parties to the hearing are available
to provide subject matter information related to the Chapter 420 (Responsible
Dog Ownership) of the City of Kitchener Municipal Code), Chapter 408
(Animals — Regulation) of the City of Kitchener Municipal Code upon request,
should the Committee choose to recess, deliberate and consult a lawyer.
6. HEARINGS
6.1 Conduct of Hearing
The Animal Designation Appeal Committee and/or Dog Designation Appeal
Committee shall adhere to City policies and procedures, the Statutory Powers
Procedure Act, Municipal Conflict of Interest Act, the Kitchener Municipal By-
law 2014-138 (Responsible Dog Ownership), the Kitchener Municipal By-law
2014-142 (Designation of Potential Dangerous, Dangerous, Prohibited and
Restricted Dogs), the Kitchener Municipal Code Chapter 420 (Responsible Dog
Ownership) and Chapter 408 (Animals — Regulation), and use the guidance of
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the Procedural By-law to ensure a fair and unbiased hearing. Where the above
noted laws and policies do not speak to an issue, Robert's Rules of Order will
be the default guide for meeting procedures.
The Animal Designation Appeal Committee and Dog Designation Appeal
Committee shall provide and conduct fair hearings by:
• Allowing both the Appellant and Respondents and their witnesses as
necessary, speak to an appeal;
• Giving due diligence to the consideration of each appeal;
• Reviewing the merits of the appeal, the documentation and evidence put
forward and, rendering decisions on applications, in accordance with the
requirements of the municipal by-law standards.
• Making rational decisions with appropriate, well -thought-out conditions;
and,
• Each member including the Chair clearly identifying support or
opposition when voting; and,
• Clearly stating the reasons for their decisions.
6.2 Meeting Schedule and Location
The Animal Designation Appeal Committee and Dog Designation Appeal
Committee shall meet when an appeal is filed. The Committee Coordinator who
also acts as the Secretary to the Committee, shall prepare an annual schedule
of hearing dates and if a hearing is scheduled, it shall be advertised on the
City's website a minimum of 10 days in advance of the hearing. The date, time,
and location of meetings can be modified at the discretion of the Secretary to
the Committee and the City Solicitor or their delegate. Notice of any modified
meeting details shall be published on the City's website.
6.3 Notice of Hearing
Upon receipt of the Dog Designation, the dog owner must file an appeal using
the prescribed Dog Designation Notice of Appeal form to Legislated Services
within five (5) working days from the date they receive the designation from the
Animal Services Officer. The Animal Services provider and the City Solicitor
and/or their delegate shall be informed of this appeal via email by the Secretary
Treasurer.
The Secretary Treasurer shall endeavour to schedule an Animal Designation
Appeal Committee and/or Dog Designation Appeal Committee hearing within
45 working days of the Clerk's receipt of the request for an appeal hearing or
as soon thereafter as possible.
Notice of the Hearing shall be issued a minimum of 14 days prior to the hearing.
Notice can be issued less than 14 days prior to the hearing at the discretion of
the dog owner, Secretary -Treasurer and City Solicitor or their delegate.
6.4 Open Meetings
All Animal Designation Appeal Committee and Dog Designation Appeal
Committee meetings shall be open to the public in accordance with the City of
Kitchener's Procedural By-law and the Municipal Act, 2001. After all
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submissions have been made, the Committee may retire to another room to
deliberate before rendering its decision as outlined under the Statutory Powers
Procedure Act.
6.5 Quorum
Quorum for the Animal Designation Appeal Committee and the Dog
Designation Appeal Committee is the minimum number of Committee members
that must be in attendance to conduct hearings. At the time of this policy, two
(2) members shall constitute a quorum. All members are requested to attend
every meeting, according to the schedule. Members of the Committee shall
notify the Secretary -Treasurer when they will be absent from any meeting
6.6 Voting
Every Animal Designation Appeal Committee and Dog Designation Appeal
Committee member is required to vote, including the Chair. Those members
who are present at a Committee Meeting when a decision is rendered shall vote
by show of hands, except where they are disqualified from voting by reason of
a pecuniary interest or is absent from the meeting during the vote. Any member
who refuses to vote will be recorded as voting in the negative (opposed). In the
event of equality of votes, the motion being voted on is deemed to be lost.
6.7 Hearing Procedures
Where possible, the hearing procedure should abide by the following:
• The Chair shall call the meeting to order;
• Committee Members shall declare any pecuniary interests that they may
have in applications before the Committee, and the provisions of the
Municipal Conflict Interest Act shall apply.
o If a conflict of interest is declared, it is suggested that the member
leave the meeting room for the duration of the hearing of the
application and until a decision is rendered.
• Chair welcomes those in attendance and provides and explanation of
the procedures:
o The City Solicitor or their delegate and their witnesses shall
be given the opportunity to present their evidence;
o The Appellant and their representatives shall be given the
opportunity to present their evidence;
o Comments and questions are to be addressed through the
Chair;
o All those in attendance at the meeting shall be encouraged
not to:
• speak disrespectfully of any person;
• use offensive words;
• disobey the decision of the Chair or Committee; and,
• enter into cross debate with other persons present, City
staff, Members, or the Chair.
The City Solicitor or their delegate, Appellant and their representatives
shall be given the opportunity to present their evidence.
Members of the Committee may retire, if necessary, to deliberate on the
matter before them prior to rendering a decision;
Members will render the decision verbally in the meeting;
• In the event the Committee needs more time to consider its decision,
the Committee can reserve their decision, whereby the decision
would be communicated to staff and the appellant in writing through
the issuance of a Notice of Decision. However, if possible, it is
preferable for the Committee to render its decision on the date of the
hearing while the parties are present.
Adjournment of the meeting.
Staff reserve the right to amend hearing procedures as they are administrative
in nature and are required to reflect legislative changes. Please see appendix
`A', Administrative Hearing Procedures for comprehensive hearing procedures
for the Dog Designation Appeal Committee.
6.8 Notice of Decision
The Secretary Treasurer will endeavor to notify the Appellant, in writing of the
Committee's decision within five (5) working days. The Animal Services Agency
shall also receive a copy of the decision.
The Decision will be forwarded to the first available City Council meeting for
ratification.
The decision once ratified by Council can be appealed by the City or the
Appellant to the Divisional Court within 30 days of the decision being issued.
Such an appeal would be heard by a panel of Judges by way of judicial review.
6.9 Policy History
None at this time.
Results of Review
❑ No Edits Required
❑ Housekeeping Edits
❑ Substantial Edits
❑ Repeal/Replace
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Dog Designation Appeal Committee/ Animal Designation Appeal
Committee Hearin Procedure
START OF THE MEETING
The Chair shall advise:
Dog Designation Appeal Committee:
"This meeting of the Dog Designation Appeal Committee is being called to consider appeals of
Dog Designations applied by the Humane Society of Kitchener -Waterloo and Stratford Perth
pursuant to Chapter 420 (Dog - Designation) of the City of Kitchener Municipal Code. "
Animal Designation Appeal Committee:
"This meeting of the Animal Designation Appeal Committee is being called to consider appeals
to add or change the classification of animal species as permitted, restricted, or prohibited
under Chapter 408 (Animals — Regulation) of the City of Kitchener Municipal Code
The Chair shall introduce themself, and the other members of the Committee; and, the Committee
Coordinator.
THE APPEAL(S) THAT WILL BE HEARD:
THE HEARING PROCESS
The Chair shall read the following statement and review the hearing process:
"This hearing is a formal process where those giving evidence will be required to make an
affirmation as to the validity of their testimony,- however, the Committee tries to conduct the
hearing in a relaxed fashion."
COMMITTEE'S POWERS & ABILITY TO RENDER A DECISION
Dog Designation Appeal Committee:
The Chair shall advise that the Committee has the authority to do the following:
1. Affirm the Designation as it currently stands;
2. Rescind the Designation;
3. Modify the Designation by substituting the requirements of the dog owner;
4. Modify the Designation by substituting the designation of the dog as: potentially
dangerous, dangerous, restricted or prohibited.
Animal Designation Appeal Committee:
The Chair shall advise that the Committee has the authority to recommend to Council any of the
following actions:
1. Recommend that a mammal species be designated as a permitted or restricted animal,
based on an assessment of captive breeding history, the general public's ability to provide
appropriate care, the minimal danger to public health and safety, and the minimal risk to
the local ecosystem;
2. Recommend that a bird species be designated as a restricted or prohibited animal, where
captive breeding history is insufficient, appropriate care by the general public cannot be
ensured, or where there is a more than minimal risk to public health, safety, or the local
ecosystem;
3. Recommend that a reptile, amphibian, fish, or invertebrate species be designated as a
restricted or prohibited animal, where appropriate care cannot be ensured, or where there
is a more than minimal risk to public health, safety, or the local ecosystem; and
4. Render a deferral or an adjournment.
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The Chair shall further advise that the decision of the Committee will be forwarded to City Council
for ratification, at their meeting on (at 7:00 p.m. in the Council Chamber),
and all parties to this Hearing may appear as a delegation at that time.
• The Appellant will receive the Committees decision in writing from the Committee
Coordinator prior to this matter being heard by City Council.
PROCESS BY WHICH THE HEARING WILL BE CONDUCTED
These processes are administrative in nature and may be amended by staff where necessary
to ensure a fair and impartial process.
Dog Designation Appeal Committee
The Chair shall review the Hearing process:
i. The Committee Coordinator will affirm the witnesses who will be giving evidence or
testimony;
ii. The City Solicitor or their delegate will be asked to present submission first on behalf of
the Humane Society, call witnesses, and offer evidence;
iii. Once the City Solicitor or their delegate has finished presenting her submission, the
Committee members may ask questions regarding her submission;
iv. The Appellant or their counsel/agent may cross-examine (question) the witnesses and
the evidence of the Humane Society;
v. The Appellant will then be given an opportunity to present their submission, call
witnesses, and offer evidence;
vi. Once the Appellant has finished presenting their submission, the Committee members
may ask questions regarding their submission;
vii. City Staff may cross-examine (question) the witnesses and the evidence of the
Appellant;
viii. Both sides will be asked to provide summations;
L After both parties have provided summations, the Committee members will retire to
another room to make their decision, and return to give their decision to those
present. The Committee will either (a) reserve its decision; or (b) render a decision orally.
*** Begin the hearing process by calling on the City Solicitor or their delegate to present their
submission.
Animal Designation Appeal Committee
The Chair shall review the Hearing process:
i. The Committee Coordinator will affirm the witnesses who will be giving evidence or
testimony;
ii. The Appellant will then be given an opportunity to present their submission, call witnesses,
and offer evidence;
iii. Once the Appellant has finished presenting their submission, the Committee members may
ask questions regarding their submission;
iv. City Staff may then be provided the opportunity to ask questions of the appellant and/or their
witnesses;
V. The City Solicitor and/or their delegate will be asked to present their submission, call
witnesses, and offer evidence;
vi. Once the City Solicitor and/or their delegate has finished presenting her submission, the
Committee members may ask questions regarding their submission;
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vii. City Staff may then be provided the opportunity to ask questions of the appellant and/or their
witnesses;
viii. Both sides will be asked to provide summations;
ix. After both parties have provided summations, the Committee members will retire to another
room to make their decision, and return to give their decision to those present. The
Committee will either (a) reserve its decision; or (b) render a decision orally.
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