DEFINITIONAL CONFUSION
NO KILL
A term for a method of animal sheltering that
does not sanction any method of killing of
adoptable companion animals
And only to relieve irremediable suffering or
destroy behaviorally vicious animals
DEFINITIONAL CONFUSION
Euthanasia
Dictionary: Taking the life of one for whom no
reasonable alternative exists in as painless and
compassionate a fashion as possible for the good of
the one whose life it is
In sheltering, ending a
companion animal’s life
for various other reasons.
INTRODUCTION:
1) Overview
2) Best Practice Models
3) Legislation and Policy
4) ACAP Model
5) Consensus
CALGARY ANIMAL SERVICES 2011
RESULTS
Funded entirely by animal related revenues
Primarily from licensing
Receives no tax revenue.
High license compliance
90% dogs licensed
45% cats licensed
Low euthanasia rates
Highest return-to owner-rate in North America.
PRINCIPLES OF PRINCIPLES OF RESPONSIBLE PET OWNERSHIP:
1. License and provide permanent identification for pets;
2. Spay or neuter pets; 3. Provide training, physical care, socialization
and medical attention for companion pets; 4. Do not allow pets to become a threat or
nuisance in the community; and 5. Ethical procurement of companion animals.
PRINCIPLES OF NO KILL EQUATION MODEL
Feral Cat TNR
Program
High-Volume, Low-
Cost Spay/Neuter
Rescue Groups
Foster Care
Comprehensive
Adoption Programs
Pet Retention
.Public Relations/Community Involvement
Volunteers
Proactive Redemptions
A Compassionate Director
DISTINCTIONS IN ADMISSIONS POLICIES:
Open Admission Shelters
No Kill Equation Model
(Toronto Animal Services)
vs.
Limited Admission Shelters
Responsible Pet Ownership Model
(Toronto Humane Society)
LIMITATIONS OF BOTH MODELS
No Kill Equation Model relies on private philanthropy instead of licensing fees and relies on a shelter that operates as open admission.
Too specific legislation and not enough flexibility for adaptive policy changes.
Responsible PetOwnership Model relies too heavily on shelter policy and lacks strong bylaw protection.
Relies on shelter that operates as limited admission.
CHAPTERCHAPTERCHAPTER 349 349 349 -ANIMALS
OF CITY OF OF CITY OF TORONTOTORONTO MUNICIPAL CODE
1) REGULATES THE OWNERSHIP OF ANIMALS, INCLUDING
LICENSING, NUMBER OF PERMISSIBLE ANIMALS, RESTRICTED
ANIMALS AND THE REQUISITE STANDARD OF CARE.
2) THE BYLAW ALSO GOVERNS THE AUTHORITY IN REGARDS TO
IMPOUNDED AND SEIZED ANIMALS.
3) CURRENTLY, THIS BYLAW IS UNDER REVIEW.
JURISDICTION TO PASS BYLAWS:
The Municipal Act, S.O. 2001, CHAPTER 25
Sections:
10 (2) (9) and
103 (1).
City of Toronto Act,S.O. 2006, CHAPTER 11
Sections:
8 (2) (9) and
106 and 107.
THE MUNICIPAL ACTTHE MUNICIPAL ACT, 2001
S.OS.O. 2001, CHAPTER 25
10 (2) A single-tier municipality may pass by-laws respecting the
following matters:
9. Animals.
Impounding animals
103. (1) If a municipality passes a by-law regulating or prohibiting
with respect to the being at large or trespassing of animals, it may
provide for,
(a) the seizure and impounding of animals being at large or
trespassing contrary to the by-law; and
(b) the sale of impounded animals…..
THE CITY OF TORONTO ACT , 2006 S.O. 2006, CHAPTER 11
8. CITY BYBY-YYY LAWS
(2)(2) THE CITY MAY PASS BYTHE CITY MAY PASS BY-THE CITY MAY PASS BY LAWS RESPECTING THE FOLLOWING
MATTERS:
9. 9. ANIMALS.
IMPOUNDING ANIMALS
106.6. IF THE CITY PASSES A BYIF THE CITY PASSES A BY-IF THE CITY PASSES A BY LAW REGULATING OR
PROHIBITING WITH RESPECT TO THE BEING AT LARGE OR
TRESPASSING OF ANIMALS….
MUZZLING OF DOGS
107. 7. (1)(1)(1) IF THE CITY REQUIRES THE MUZZLING OF A DOG UNDER
ANY CIRCUMSTANCES, CITY COUNCIL SHALL, UPON THE
REQUEST OF THE OWNER OF THE DOG, HOLD A HEARING….
MODEL MUNICIPAL BYLAWSMODEL MUNICIPAL BYLAWS:
1) Companion Animal Protection Act;
2) Responsible Pet Ownership Bylaw;
3) Canadian Federation of Humane Society “Model “Bylaw.
RECOMMENDED MUNICIPAL BYLAW: ACAP 1) PREAMBLE;
2) ANIMAL CARE STANDARDS;
3) EUTHANASIA GUIDELINES;
4) COMMUNITY RULES;
5) FERAL CAT TNR;
6) PROCEDURAL RULES:
7) PET RETENTION;
8) FUNDING
PRINCIPLES OF THE ACAP MODELPRINCIPLES OF THE ACAP MODEL:
1)1) PREVENTIONNN;
2) 2) PROACTIVE PROGRAMSSSS;
3) 3) FERAL CAT TTT TNR;
4) 4) IRRESPONSIBLE PET OWNERSSSS;
5) 5) LICENSING GG AND AND STERILIZATIONNN ;
6) 6) BYLAWWWW AND AND POLICY;
7) 7) OWNER SURRENDERSSSS;
8) 8) CONSENSUSSSS.
PERFORMANCE MEASURES:
Impound rates
Return to owner rates
Euthanasia rates
Aggressive animal incidents
Animals licensed
By-law infractions
Financial performance
Evaluation of Policies
Continuous Improvement
CONSENSUS BUILDINGCONSENSUS BUILDING:
KEY STAKEHOLDERSKEY STAKEHOLDERS:
1) 1) REGULATORYREGULATORY ––– THE CITY OF TORONTO, ANIMAL 1) 1) REGULATORYREGULATORYREGULATORY THE CITY OF TORONTO, ANIMAL THE CITY OF TORONTO, ANIMAL SERVICES, THE PROVINCE OF ONTARIO;
2) 2) HUMANEHUMANE ––– TORONTO HUMANE SOCIETY (OSPCA), 2) 2) HUMANEHUMANEHUMANE TORONTO HUMANE SOCIETY (OSPCA), TORONTO HUMANE SOCIETY (OSPCA), ANIMAL RESCUES,
3) 3) MEDICAL/SERVICE PROVIDERS MEDICAL/SERVICE PROVIDERS ––TORONTO VETS, 3) O
MEDICAL/SERVICE PROVIDERS MEDICAL/SERVICE PROVIDERS MEDICAL/SERVICE PROVIDERS –TORONTO VETS, TORONTO VETS, TORONTO VETS, 3) 3) MEDICAL/SERVICE PROVIDERS OOOVMA, BREEDERS, TRAINERS, PET STORES; AND
44) 4) ANIMAL ADVOCATESANIMAL ADVOCATES-ANIMAL ADVOCATES-POLITICIANS, ANIMAL 44) ANIMAL ADVOCATESANIMAL ADVOCATESANIMAL ADVOCATESWELFARE GROUPS.
Suzana Gartneris a Canadian Lawyer who focusses on Animal Law and Dispute Resolution.
For further information:SuzanaGartner.com
Gartner KostanzaGartner’s Animal Law practice
The Dispute Resolution Specialists Gartner’s Alternative Dispute Resolution practice