City of Toronto  
HomeContact UsHow Do I...?Advanced search
Living in TorontoDoing businessVisiting TorontoAccessing City Hall
 
Accessing City Hall
Mayor
Councillors
Meeting Schedules
   
   
  City of Toronto Council and Committees
  All Council and Committee documents are available from the City of Toronto Clerk's office. Please e-mail clerk@city.toronto.on.ca.
   

 

TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on October 1 and 2, 1998

EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

REPORT No. 9

1Public Access Defibrillation Program

21999 Licence Fees

3Seizing and Impounding of Vehicles used by Persons Charged with Prostitution Offence

4Organization of the Toronto Licensing Commission

5Other Items Considered by the Committee



City of Toronto

REPORT No. 9

OF THE EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

(from its meeting on September 8 and 11, 1998,

submitted by Councillor Dennis Fotinos, Chair)

As Considered by

The Council of the City of Toronto

on October 1 and 2, 1998

1

Public Access Defibrillation Program

(City Council on October 1 and 2, 1998, adopted this Clause, without amendment.)

The Emergency and Protective Services Committee:

(1)reaffirms its support of a Public Access Defibrillation Program; and

(2)recommends that the renovations to the Toronto City Hall incorporate the installation of automatic defibrillators in appropriate locations in City Hall and Nathan Phillips Square; that the appropriate staff be trained in the use of automatic defibrillators; and that this program be implemented by January 1, 1999.

The Emergency and Protective Services Committee reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to report back to the Committee on:

(a)the feasibility of a Public Access Defibrillation pilot project in some City buildings;

(b)statistics on the number of people who would have benefitted had this equipment been available; and

(c)the issue of appropriate medical control.

The Emergency and Protective Services Committee submits the following communication (August 19, 1998) from Mr. Steven Ellis, Physio-Control Canada Corporation, Richmond Hill, addressed to Councillor Fotinos:

I would like to thank you for your time and interest in meeting with me on August 17th to discuss automatic external defibrillators. Metro's endorsement of a Public Access Defibrillation Program could potentially have extensive implications for Toronto, for Ontario, and for all of Canada in raising public awareness on the effectiveness of early defibrillation in treating victims of cardiac arrest.

"...an initial tachyarrythmia causes 80-90% of nontraumatic adult cardiac arrests. The goal of early defibrillation is to get a defibrillator to these patients before they deteriorate into a nonviable rhythm, which takes only a few minutes." "...defibrillation is the single most important intervention in adult emergency cardiac care". JAMA, 1992;268:p.2215.

This concept, clearly endorsed by the Heart and Stroke Foundation, is fairly new in Canadian pre-hospital care. Metro's commitment to a highly respected emergency medical service via universal 911 and tiered response has provided a formidable link in the chain of survival. But in the event of sudden cardiac arrest, time is of such critical issue that fire and ambulance response (equipped with defibrillators) are only marginally effective. Chance of survival decreases by 7-10% for every minute a person waits for treatment.

The current technology used in the automatic external defibrillator has provided an extremely effective and safe method for non health care professionals to deliver this life saving care.

As per our discussion, I would appreciate the opportunity to provide a brief presentation to your committee on the potential benefits of a Public Access Defibrillation program for the citizens of Metro.

_______

Mr. Steven Ellis, Physio-Control Canada Corporation, Richmond Hill, appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.

Councillor John Adams, Midtown, also appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.

2

1999 Licence Fees

(City Council on October 1 and 2, 1998, amended this Clause by adding thereto the following:

"It is further recommended that:

(1)the report dated September 28, 1998 from the City Solicitor, entitled '1999 Licence Fees', be adopted, wherein it is recommended that:

'If City Council anticipates that it may change the licence fees for taxicab owners, drivers and brokers during the 1999 calender year, it is recommended that:

(1)licences issued to taxicab owners, drivers, and brokers for the 1999calendar year be issued for a term of 8 months; and

(2)the licence fees for the 8-month licence term be calculated by prorating the licence fee currently calculated on a 12-month licence term.'; and

(2)the following motion be referred to the Emergency and Protective Services Committee for consideration at its next meeting scheduled to be held on October 6, 1998, with a request that the Committee report thereon to City Council at its next regular meeting scheduled to be held on October 28, 1998:

Moved by Councillor Moscoe:

'It is recommended that a fee stabilization reserve be established and that a surcharge of 2 percent be added to each licence to kick-start the reserve, such reserve to be established in such a manner as to protect it from the Budget Committee.' ")

The Emergency and Protective Services Committee recommends:

(1)the adoption of the following report (August 25, 1998) from the General Manager, Toronto Licensing Commission;

(2)that in the future the Toronto Licensing Commission publish an annual report which includes its audited statements for the information of the public; and

(3)that, if additional funding is required as a result of any recommendations arising from the Task Force to Review the Taxi Industry, an additional mid-term levy on taxicab owners and drivers be utilized.

The Emergency and Protective Services Committee reports, for the information of Council, having requested that the following additional information be provided to Council when it considers this matter on October 1, 1998:

(a)the General Manager, Toronto Licensing Commission, to submit:

(i)a copy of the last yearly report submitted to the former Metropolitan Toronto Human Services Committee by the Metro Auditor reporting on the results of the audit of the Metro Licensing Commission; and

(ii)a revised Appendix 1 to include the 1996 and 1997 figures for comparison purposes; that where the figures show a dramatic increase, a rationale for the increase be included in the report; and that any decreases be flagged; and

(b)the City Solicitor to report advising whether the City can apply an additional mid-term levy in situations where licences are issued for a 12-month period.

The Emergency and Protective Services Committee submits the following report (August 25, 1998) from the General Manager, Toronto Licensing Commission:

Recommendations:

It is recommended that:

(i)The Committee approve the attached proposed schedule of licence fees (Appendix 1);

(ii)The By-law amendment implementing the new schedule of fees be effective January 1, 1999; and

(iii)By-law 20-85 be amended to require an annual check of the exhaust emissions of Taxicabs, Livery Cabs and Driving School Vehicles, such By-law to be effective January 1, 1999.

Background:

In 1985 Metropolitan Council directed the Licensing Commission to operate at cost recovery. As a result a cost recovery model was developed with the objective of allocating the costs associated with administering and enforcing the licensing by-law to the various categories of licences. These costs were to be recovered in the form of a licence fee or user fee where applicable.

The cost recovery model was in use until 1993, when at Council's direction it was reviewed by the Chief Administrative Officer of the former Municipality of Metropolitan Toronto who reported that "In general terms it [the model] appears to be a reasonable procedure of estimation of unit cost by licence category on a full cost recovery basis."

The report also made the suggestion that general administrative costs should be distributed in a manner that is more reflective of the actual time and resources spent by management, administration and accounting activities which support specific classes of licence. Further, it was recommended that administrative and accounting expenditures related to human resources management be charged to divisions based on the number of staff.

Discussion:

1999 Model - General Comments

The following have been taken into account in preparing the model:

(i) An increase of $200,000.00 in Tribunal costs reflecting the anticipated cost of providing separate legal services to the Tribunal. This is as a result of the separation of the Tribunal functions from the administrative functions as approved by Council on May 13, 1998;

(ii)An increase of $165,000.00 in enforcement salaries representing an annualization of an increase in establishment of strength of six Enforcement Officers, approved in the 1998 budget on condition that Toronto Licensing is given access to the Provincial ICON system which will enable Licensing to collect fines.

Toronto Licensing has been given authorization to access the Provincial system and is currently in discussion with the information technology staff of the Ministry of the Attorney General on the process for implementation.

(iii)An amount of $25.00 has been included in the cost of each Taxicab Owners, Livery Cab Owners, Driving School Owners and Instructors' (with cars) licences to reflect the cost of an annual basic exhaust emission check in accordance with Council's direction that "the General Manager, Toronto Licensing Commission, in consultation with the appropriate officials, be requested to investigate the possibility of adding to the inspections, at this stage, the testing of exhaust emissions using the new technologies available for such testing."

The current service provider of mechanical inspections Reg Quinn Ltd. was asked to provide information on the possibility of including exhaust emissions testing in the current inspections and the cost and time requirements for such testing. In a letter to the General Manager, Toronto Licensing Commission, (Appendix 2) Reg Quinn Ltd. indicated that the technology is available at a cost of between $20.00 to $30.00 per inspection requiring between 15 to 22 additional minutes per inspection.

For the purpose of the 1999 Fee calculation it was assumed that if Council approves the inclusion of exhaust emission testing there would be one emission test per year as this would probably be the standard that would be used by the Province if and when Provincial testing is introduced.

If annual exhaust emission testing were approved the following actions will be required:

(a)The By-law be amended to include testing exhaust emissions as part of a mechanical inspection of taxicabs and that the failure of an exhaust emission test be defined as a failure due to a major mechanical defect. The definition of exhaust emissions as a major mechanical defect may result in an increase in the number of failures and in turn the number of Tribunal Hearings. A similar amendment should be made in the schedule relating to Driving School Vehicles.

(b)Licencees in the affected categories should be advised of the increased time required for an inspection and be given information on the benefits of clean emissions.

(iv)Council at its meeting July 8, 1998 amended By-Law 20-85 requiring that vendors of alcoholic beverages be licenced effective January 1, 1999. The fees were set at $500.00 per year. No data is available on the costs of enforcing these regulations or on related costs, therefore, no changes are recommended.

(v)A report recommending the licensing of Complementary Care/Holistic Therapists was considered by the Emergency and Protective Services Committee at its meeting July 14, 1998. The Committee referred the report along with some motions back to the General Manager, Toronto Licensing to report thereon to Committee at its meeting in October. Among the motions to be considered was a motion that "a fee be established for Holistic Therapy Centres that reflect the licence fee for Massagists and Massage Parlours" and that the General Manager "review the licence fee after it has been in effect for a period of time so that the adjustments that may be necessary can be made". Complementary Care/Holistic Therapists have been included in the fee model in anticipation that it will be approved as a licence category and to enable the proper distribution of costs and the calculation of revenue but have not been included in the schedule of proposed fees. Fees for this category will be set when they are included in the By-law. For the purpose of the model the fees for Complementary Care/Holistic Therapists have been set at the same rate as the fees for Massagists and Massage Parlours.

Overview:

The model is an allocation of projected costs, based on the distribution of time spent in performing tasks related to the regulation and administration of specific categories of licences. These costs are classified into groups called Cost Centres which reflect a type of activity carried out in administering the by-law.

The four main Cost Centres are Administration, Issuing, Enforcement, and Commission Support Services.

Three types of costs have been identified :

(i)Direct costs - these are costs that apply to the regulation of a specific category of licence, e.g. the time spent inspecting taxicabs.

(ii) Common Costs - these are costs common to all licences, e.g. computer support.

(iii) Special Costs - these are costs incurred by specific licencees and not by others within the category, e.g. mechanical inspection re-checks. These costs are usually recovered on a pay for use basis.

Summary of Cost Allocation:

Cost Centre Allocation Criteria
Administration
Common Costs Total number of licences issued by Toronto Licensing.
Cab School (general training excluded) Allocated to Cab Driver's licences.
Human Resources Support Charged back to divisions based on staff size.
Pre-Hearing and Tribunal Support (Management) Based on person-hours and charged back to Commission Support Services (see below).
Vehicle Inspections Allocated directly to specific licences.
Corporate Imputed Charges Total number of licences issued by Toronto Licensing.
Issuing
Salary and Expenses Person-hours - Issuing Division
Police Checks Allocated directly to specific licences
Enforcement
Salary and Expenses Person-hours - Field Operations Division and Complaints and Information Section.
Commission Support Services
Tribunal and Pre-Hearing

processes

Person-hours - Commission Support Services, City Clerk's Department.

Summary of Method

(i)Salary and overhead costs are extracted from the previous year's approved budget and are amended to reflect projected inflationary and service level increases.

(ii)Data in connection with the number of licences issued and applications taken is from the previous year's year-end totals and updated to reflect foreseeable changes.

(iii)Person-hours per activity (e.g. taking licence applications) are expressed as a percentage of the total person-hours available. This percentage is applied to salary and all other overhead costs to arrive at an appropriate distribution of cost per category(ies) of licence. The unit cost is then arrived at by dividing the category cost by the number of licences within the category. For example, see Tables 8, 9 10 and 13.

(iv)Testing for reasonableness is done on selected samples from incoming data.

The model is based on the equal sharing of costs (within a category of licence) for the regulation and control of licences. This position presumes that unlicenced businesses or businesses operating in contravention of the by-law will comply or go out of business. In either case legitimately licenced businesses benefit in that a level playing field is maintained and the businesses complying now share the costs of regulation. This premise works well in categories where there is no limit to licences or where there are large numbers of licencees to spread costs. When licences are restricted to small numbers and a relatively large number of unlicenced businesses operate the cost for enforcement can prove quite expensive when attributed to these small numbers as is currently the case with Body Rub Parlours.

Information from the Enforcement branch indicates that the majority of the time spent on Body Rub Parlours was spent inspecting unlicenced premises, however, in the model all of the costs are allocated to twenty five licenced locations which is the maximum number allowed to be licenced by the By-law.

Conclusions:

The above methodology has been applied to the current model. The results are therefore consistent with the data and with the recommendations of the Chief Administrative Officer of the former Municipality of Metropolitan Toronto report dated June 16, 1994.

Historical Data

(i)Council's position in the past has been to adjust fees within a category this was done by transferring a portion of the costs (as generated by the model) from the drivers to the owners. Council has rationalized this transfer of costs as a recognition that some of the services provided by the Commission in relation to drivers should and/or could be provided by the owners, e.g. training. Council's position was that this transfer also addresses the economic inequities within the cab industries. In the case of refreshment vehicles, Council approved this transfer of costs in an attempt to alleviate the financial burden on students working as ice-cream vendors during the summer months. The categories affected were:

    • taxicabs
    • refreshment vehicles
    • pedicabs

The attached schedule of proposed licence fees reflects a shifting of costs within these categories in keeping with Council's past actions.

________

Appendix 1

Proposed Schedule of 1999 Licence Fees

1998

Approved

1999

Proposed Fees

Description

Initial

Renewal

Initial

Renewal

Adult Entertainment- Owner

1606

1558

1658

1609

Adult Ent. Attendant

181

85

186

85

Adult Ent. Operator

1606

1558

1658

1609

Adult Entertainment Owner\Operator

3212

3112

3315

3217

Alcoholic Beverage Vendor

501

501

Amusements

135

40

143

45

Auto Service Station

135

40

143

45

Bake Shop

135

40

143

45

Banquet Hall

135

40

143

45

Barber Shop

135

40

143

45

Bath House-Public

135

40

143

45

Billiards

135

40

143

45

Boats for Hire

135

40

143

45

Body Rub Attendant

181

85

186

85

Body Rub Operator

3161

3065

3289

3191

Body Rub Owner

3161

3065

3289

3191

Body Rub Owner\Operator

6322

6130

6577

6381

Bowling Alley

135

40

143

45

Carnival Over 3 rides

135

40

143

45

Carnival - Up to 3 rides

135

40

143

45

Cigars, Cigarettes

170

72

163

65

Circus

136

39

143

45

Complementary Therapist Practitioner
Complementary Therapist Owner
Exhibit Show

135

40

143

45

Exhibition Art Works

135

40

143

45

Foodstuffs

135

40

143

45

Fresh Fish

135

40

143

45

Fresh Meat

135

40

143

45

Golf Course

135

40

143

45

Hairdresser

135

40

143

45

Hawker Pedlar

135

40

143

45

Hawker Pedlar Helper

135

40

143

45

Horse Meat

135

40

143

45

Laundry

135

40

143

45

Market Vendor

135

40

143

45

Massage Parlour

135

40

143

45

Massagist

135

40

143

45

Motor Vehicle Racing

135

40

143

45

Moving Pictures

135

40

143

45

Old Gold Dealer

135

40

143

45

Pawn Shop-Pawnbroker

135

40

143

45

Pet Shop

135

40

143

45

Proprietary Club

135

40

143

45

Public Address System

135

40

143

45

Public Garage

135

40

186

88

Public Hall

196

100

183

85

Refreshments

196

100

183

85

Salvage Shop

135

40

143

45

Salvage Yard

135

40

143

45

Second Hand Dealer

135

40

143

45

Second Hand Shop

135

40

143

45

Second Hand Trade-in

135

40

143

45

Service Station

135

40

143

45

Special Sales per $1,000

11

3

Swimming Pool

135

40

143

45

Theatre

135

40

143

45

Trailer Camp per month per lot

20

20

21

21

Transient Trader

500

501

Transient Trader auctions

136

39

143

45

Victualling

196

100

183

85

Auctioneer

161

65

169

68

Bill Distributor

161

65

169

68

Building Cleaner

161

65

169

68

Building Cleaner Employee

161

65

169

68

Drain Contractor

161

65

169

68

Drain Layers

161

65

169

68

Electrical Contractors

183

59

201

64

Electrical Masters

183

59

201

64

Electrical Masters Maint.

183

59

201

64

Heating Contractor

161

65

169

68

Insulation installer

161

65

169

68

Master-Hot Water Heating

161

65

169

68

Master-Warm Air Heating

161

65

169

68

Plumber - Contractor

207

65

217

70

Plumber - Master

207

65

217

70

Plumber - Master Maint.

207

65

217

70

Sign painter

161

65

169

68

Building Renovator

192

85

204

92

Chimney Repairman

192

85

204

92

Horse Drawn Vehicle Owner each Vehicle

157

35

117

47

Additional Vehicle

108

35

68

47

Horse Drawn Veh. Driver

157

35

117

47

Livery Cab Owner

481

360

465

395

Livery Cab Driver

234

138

177

95

Rental Car

157

35

117

47

Rental Motorcycle

157

35

117

47

Rental Motor Scooter

157

35

117

47

Rental Snowmobile

157

35

117

47

Refreshment Veh. Owner

344

222

317

247

Additional Vehicle

285

222

268

247

Refreshment Veh. Driver

106

55

107

56

Refreshment Vehicle Asst.

106

55

107

56

School Bus Driver

157

35

117

47

Tow Truck Owner

485

363

444

374

Additional vehicle

436

363

395

374

Tow Truck Driver

282

185

272

190

Taxicab Owner

5681

836

5965

896

Taxicab Owner - Sale

3479

3763

Taxicab Driver

420

90

442

96

Taxicab Broker

158

35

117

47

Pedicab Owner

423

301

441

371

Additional vehicle

364

301

382

371

Pedicab Driver

119

62

132

69

Collector

20

20

117

47

Driving School-Operator
With Vehicle

281

142

308

226

Additional Vehicle

232

183

259

226

No Vehicle

240

142

242

160

Driving School-Instructor
With Vehicle

281

183

308

226

Additional Vehicle

232

183

259

226

No Vehicle

240

142

242

160

________

The Emergency and Protective Services Committee also submits the following report (August26, 1998) from the General Manager, Toronto Licensing Commission:

The 1999 Licensing Fee report does not include any allocation of funds for possible recommendations arising from the Task Force report. Licensing staff have a dilemma. The Taxicab licence fees must be approved at the very latest at the November 25, 1998 Council meeting so that we have time to print and process the renewal notices and have them mailed out in time for the renewals which commence February 1, 1999. If Committee anticipates that by mid October 1998 there will be sufficient information available to anticipate any additional expenditures required by the Task Force report, the portion of the fee report dealing with the Taxicab Industry could be severed from the remaining licence fees and held in abeyance until the November 3, 1998 Committee meeting. This creates a very tight time schedule and there will be no flexibility for additional meetings as the report would need to go on to the November 25, 1998 Council meeting.

If it is the preference of Committee to wait until Council has approved the recommendations of the Task Force and if there are any proposals that require additional funding, Council could recommend an additional mid-term levy on taxicab owners and drivers or Council could decide to absorb the additional costs, if any, in 1999 but include the expenditures in the year 2000 licence fees.

Submitted for your information and direction.

_______

Ms. Shawn Downey, Secretary-Treasurer, Greater Toronto Towing Association, Woodbridge, addressed the Emergency and Protective Services Committee in connection with the foregoing matter.

(City Council on October 1 and 2, 1998, had before it, during consideration of the foregoing Clause, the following report (September 28, 1998) from the City Solicitor:

Purpose:

The purpose of this report is to provide a legal opinion on the authority of City Council to impose an additional licence fee levy on licensed taxicab owners, drivers and brokers once the licence fees for the 1999 calendar year have been set for these businesses.

Funding Sources, Financial Implications and Impact Statement:

This report provides a mechanism by which licence fees for licences issued to taxicab owners, drivers and brokers may be changed during the 1999 calendar year to take into account any changes in the costs of administering and enforcing By-law No. 20-85 of the former Metropolitan Council, resulting from the implementation of the pending recommendations of the Task Force to Review the Taxicab Industry.

Recommendations:

If City Council anticipates that it may change the licence fees for taxicab owners, drivers and brokers during the 1999 calendar year, it is recommended that:

(1)licences issued to taxicab owners, drivers, and brokers for the 1999 calendar year be issued for a term of 8 months; and

(2)the licence fee for the eight month licence term be calculated by prorating the licence fee currently calculated on a twelve month licence term.

Council Reference/Background/History:

At its meeting of September 8, 1998, the Emergency and Protective Services Committee considered the reports dated August 25 and 26, 1998 from the General Manager, Toronto Licensing Commission respecting 1999 Licence Fees. The Committee requested that I report directly to City Council on whether or not City Council may impose an additional licence fee levy on licensed taxicab owners, drivers and brokers once the licence fees for the 1999 calendar year have been set for these businesses.

Comments and/or Discussion and/or Justification:

Under section 257.2 of the Municipal Act, City Council may require the payment of licence fees and may fix the time for which licences are in force. Under subsection 257.2(3) of the Municipal Act, in setting the amount of the licence fees, City Council must take into account the cost of administering and enforcing the licensing by-law.

All licences issued by the Toronto Licensing Commission under By-law No. 20-85 of the former Metropolitan Council are issued for a fixed period upon payment of a fixed fee, as set out in the By-law. At present, licences issued to taxicab owners, drivers and brokers are issued for a twelve month term upon payment of the prescribed fee.

It is my opinion that, once a licence has been issued upon payment of the prescribed fee, City Council lacks the authority to require the payment of an additional licence fee levy during the term of such licence. It is only upon the expiration of the term of the licence that City Council may change the licence fees.

Rather than requiring licencees to pay an additional licence fee levy during the currency of the licences issued for the 1999 calendar year, City Council may shorten the term of the licences issued, such that the licences expire at the time when City Council may wish to consider changing the licence fees.

The General Manager, Toronto Licensing Commission, has advised that it is her opinion that if City Council decides to shorten the term of these licences, the term should be shortened from the current twelve months to eight months. A period of eight months would provide sufficient time for staff to determine the actual cost implications of whatever changes may be made to the taxicab regulations arising from the recommendations of the Task Force to Review the Taxicab Industry.

Upon the expiry of the licences issued for this eight month period, City Council may, if it so decides, change the licence fees for taxicab owners, drivers and brokers to reflect the changes, if any, in the costs of administering and enforcing By-law No. 20-85 of the former Metropolitan Council as it pertains to taxicabs. In this respect, the General Manager, Toronto Licensing Commission, has advised that she will report to City Council at its meeting in June, 1999, through the Emergency and Protective Services Committee, regarding any changes in the costs of administering and enforcing the licensing by-law, and the implications thereof on the amount of the licence fees required to achieve cost recovery.

The shortening of the term of these licences to eight months is intended as a temporary measure only, to provide a mechanism by which the licence fees can be changed at the expiry of that term. As this is a temporary measure, upon the expiry of the eight month term, it will be necessary for City Council to determine the appropriate licence term for subsequently issued licences.

Prorating of the licence fees:

The proposed licence fees for taxicab owners, drivers and brokers contained in the General Manager's report dated August 25, 1998 are based on a calculation of the costs of administering and enforcing the by-law for a twelve month period. If City Council decides to reduce the term of these licences to eight months, it is my opinion that the licence fees should be prorated accordingly. Such prorating would more accurately take into account the costs of administering and enforcing the licensing by-law, as required by subsection 257.2(3) of the Municipal Act. Accordingly, it is recommended that these licence fees be prorated, such that the fee is calculated on the eight month term rather than on the twelve month term, as set out in the table below:

Initial Licence

12 month term

Renewal

12 month term

Initial Licence

8 month term

Renewal

8 month term

Owner

5965

896

3977

597

Owner - sale

3763

896

2509

597

Driver

442

96

295

64

Broker

117

47

78

31

Other options:

A further option available to City Council in respect of this matter is to defer the setting of the licence fees until such time as the 1999 budget of the Toronto Licensing Commission has been approved by City Council. Members of my staff have discussed this option with the General Manager, Toronto Licensing Commission, who advises that such deferral of the setting of licence fees would result in considerable administrative difficulties. The General Manager advises that the current process for the setting of licence fees prior to the approval of the Toronto Licensing Commission's budget is the result of various reviews and reports over the years. This current process takes into account both the need for administrative efficiency and the requirement that the licence fees be set having regard to the costs of administering and enforcing the licensing by-law.

Conclusions:

If City Council anticipates that it may change the licence fees for taxicab owners, drivers and brokers during the 1999 calendar year, it is recommended that licences issued to taxicab owners, drivers, and brokers for the 1999 calendar year be issued for a term of 8 months and that the licence fee for the eight month licence term be calculated by prorating the licence fee currently calculated on a twelve month licence term.

Upon the expiry of the licences issued for this eight month period, City Council may, if it so decides, change the licence fees for taxicab owners, drivers and brokers to reflect any changes in the costs of administering and enforcing By-law No. 20-85 of the former Metropolitan Council as it pertains to taxicabs. As the shortening of the term of these licences to eight months is intended as a temporary measure only, upon the expiry of the eight month term, it will be necessary for City Council to determine the appropriate licence term for subsequently issued licences.

The General Manager, Toronto Licensing Commission, concurs with this report.

Contact Name:

Ansuya Pachai, 392-9074.)

(City Council also had before it, during consideration of the foregoing Clause, the following report (September 23, 1998) from the General Manager, Toronto Licensing Commission:

Recommendation:

It is recommended that this report be received for information.

Council Reference\Background\History:

The Emergency and Protective Services Committee on September 8, 1998 directed the General Manager, Toronto Licensing Commission to submit:

(1)a copy of the last yearly report submitted to the former Metropolitan Toronto Human Services Committee by the Metropolitan Auditor reporting on the results of the audit of the Metropolitan Licensing Commission; and

(2)a revised Appendix 1 to include the 1996 and 1997 figures for comparison purposes; that where figures show a dramatic increase, a rational for the increase be included in the report; and that any decreases be flagged.

Discussion:

Changes in fees are caused by the following:

Changes in the projected budget used by the model are not approved. The model is prepared in advance of budget approval, and uses a projected budget that is comprised of the previous approved budget plus anticipated increases in service levels or costs. In the budget process these changes may not be approved. This results in an overcharging of fees. This fact is corrected the next time the fees are prepared and usually results in a lowering of some fees.

Changes to the number of licenses issued. Increases in the number of licences issued will impact on the cost of licences. Generally speaking, all else being equal, increases in the number of licences tend to decrease the cost per unit while decreases do the converse.

Changes to the amount of resource used in regulating a category. This usually reflects enforcement priorities problems associated with a category in previous years might have been rectified or problems occurring in another category may be given higher priority and enforcement resources might be shifted from lower priority categories. This problem is also caused by the lag between the need for a solution to the problem and the ability to increase resources which can only be done through the budget process.

A more discreet identification of processes and costs. Improved systems and automation allows a more discreet reporting of processes. For example, in earlier versions of the model the costs of processing an application was estimated manually and all applications were handled as one category. In subsequent years, improved reporting due to automation has allowed the groupings of costs into more discreet categories and as a result costs have changed for initial licences.

Changes in any of the above factors will result in changes to fees. A combination of factors may offset changes or in some cases worsen the change. Generally, changes are most obvious in categories where there is a small number of licences to spread the costs of changes, e.g. Body Rub Parlours, Tow Truck Industry , Livery Vehicle Industry and Pedicabs.

Tow Truck Owners

1994-1996

July 1st 1996 June 30, 1997

July 1, 1997 - June 30, 1998

1999

Initial

279

348

485

444

Renewal

160

200

363

374

The increases in the 1996-1997 fee over the 1994 - 1996 fee was due to increased enforcement costs caused by a shifting of priorities, it should be noted that in 1996, the model called for a much larger increase than was approved, the Commission and Council decided to restrict the increase in fees to 25 percent (attached). The increase in costs was a direct result of an increase in resources needed to regulate the Industry. The increase in regulatory activity was caused by the introduction of towing from private property (starting in about 1994) and an increase in consumer complaints (which led to capping of tow truck rates). The adjustments were made in the following year, 1997-1998.

The reduction in the initial licence for 1999 is due to the fact that the projected unit application costs for vehicle owners was reduced from $129.00 in 1998 to $79.00 in 1999. This reduction was due to a reduction in the resources/allocated costs used to process a vehicle owner's licence in the 1998 versus. the 1999 model, a result of new data related to the time spent on processing applications. This reduction ($50,000.00) is spread over a relatively small number of applicants (1,000) producing a significant reduction per application.

Public Garage

1994-1996

1997

1998

1999

Initial

172

136

135

186

Renewal

60

39

40

88

Prior to the 1999 model, the cost of regulating public garages was included in the cost of regulating all businesses. These costs were spread over 25,000 licences. In 1998 the Commission's computer system was enhanced to allow more discreet reporting of enforcement activities. The resources dedicated to enforcing public garages indicated that this category should be separated from the rest of the businesses. The cost for this category is now spread over 4,000 licences.

Body Rubs

Owner and Operator

1994-1996

1997

1998

1999

Initial

3144

3066

6322

6577

Renewal

3022

2968

6130

6381

Between 1985 (when the model was first used) and 1994, there were no requests for body rub parlour licences. The fees were set at the same rate as a business premises (e.g., restaurant, variety store) which was $172.00 for an initial licence and $60.00 for a renewal. From 1994 to 1997, Body Rub Parlours and Adult Entertainment Parlours were grouped together for the purpose of distributing costs. However, in this period there was rapid growth in the industry and resources were shifted from other categories to deal with this problem. As a result of the information captured during this period Body Rubs were separated from Adult Entertainment in 1998, with costs being spread over 25 licences. The small number of licences in this group results in significant changes in the cost of licences, every increase/decrease of $1,000.00 results in a $40.00 change.

Electrical Contractors

1994-1996

1997

1998

1999

Initial

186

186

183

201

Renewal

58

61

59

64

Prior to the 1999 model, business and trade licences were combined in the calculation of the cost of processing an application. However, recent enhancements to the computer system has allowed staff to identify costs associated with processing trades applications. These costs are now separated and spread over 3,500 licences where previously it was spread over 11,000 licences. This has resulted in an increased cost of $6.00. In addition, the cost of the examination has been reassessed and resulted in an increase of $8.00, $3.00 reflects the costs of additional support for the Tribunal.

Livery Owners/Drivers

Owners

1994-1996

1997

1998

1999

Initial

612

463

481

465

Renewal

491

341

360

395

Drivers
Initial

323

335

234

177

Renewal

328

237

138

95

The reduction in livery owners initial licences is caused by a reduction in the cost of processing applications (as in tow truck owners). This reduction is offset by an increase for the cost of exhaust emissions test.

The lowering of cost in drivers is due to the shifting of enforcement resources from this category to others. Due to the relatively small number in this category (300), changes have more impact.

Driving Schools

Owners/Operators Instructors with vehicles

1994-1996

1997

1998

1999

Initial

50

292

281

308

Renewal

50

194

183

226

Owners/Operators Instructors without vehicles
Initial

50

292

240

242

Renewal

50

194

142

160

This category of licence until 1996 was restricted by Provincial legislation to a maximum license fee of $50.00, the difference in the cost of regulation was paid for out of the tax base of the of the then Municipality of Metropolitan Toronto. The changes between 1997 and 1998 reflects shifting priorities, while the change in 1998 -1999 reflect an increase of $25.00 for an exhaust emission test, and an increase of enforcement costs due to the annualization of Licensing Enforcement Officers and the increased costs for additional Tribunal support. This category experienced a reduction in the number of driving licences issued. This category (like Body Rub, Tow Trucks) has a relatively small number of licences and is sensitive to changes in costs or number of licences. These changes are reflected in the increases in both initial and renewal fees, the cost of the initial licence being modified by a reduction in the cost of processing owners' applications.

Building Renovator

1994-1996

1997

1998

1999

Initial

10

178

192

204

Renewal

10

70

85

92

Until 1996 this category of licence was restricted by Provincial legislation to $10.00. The difference in the cost of regulation was paid for out of the tax base of the then Municipality of Metropolitan Toronto. 1997 reflects the first time fees were cost recovered in this category. Increased costs in subsequent years are caused primarily by a reduction in the number of licences renewed and by increased operating costs e.g., additional Tribunal support.

Contact Name and Telephone Number:

Carol Ruddell-Foster, General Manager, Toronto Licensing Commission

Tel: (416) 392-3071.

Appendix 1

Proposed Schedule of 1999 Licence Fees (Format Revised per EPS)

1994-1996 Approved

1997

Approved Fees

1998 Approved Fees

1999 Proposed Fees

Adult Entertainment- Owner
Initial

1572

1533

1606

1658

Renewal

1506

1484

1558

1610

Adult Ent. Attendant
Initial

172

182

181

186

Renewal

60

75

85

85

Adult Ent. Operator
Initial

1572

1533

1606

1658

Renewal

1506

1484

1558

1610

Adult Entertainment Owner\Operator
Initial

3144

3066

3212

3316

Renewal

3022

2968

3112

3218

Alcoholic Beverage Vendor
Initial

501

Renewal

501

Amusements
Initial

172

136

135

143

Renewal

60

39

40

45

Auto Service Station
Initial

172

136

135

143

Renewal

60

39

40

45

Bake Shop
Initial

1

136

135

143

Renewal

1

39

40

45

Banquet Hall
Initial

20

136

135

143

Renewal

20

39

40

45

Barber Shop
Initial

172

136

135

143

Renewal

60

39

40

45

Bath House-Public
Initial

172

136

135

143

Renewal

60

39

40

45

Billiards
Initial

172

136

135

143

Renewal

60

39

40

45

Boats for Hire
Initial

172

136

135

143

Renewal

60

39

40

45

Body Rub Attendant
Initial

172

182

181

186

Renewal

60

75

85

85

Body Rub Operator
Initial

1572

1533

3161

3289

Renewal

1506

1484

3065

3191

Body Rub Owner
Initial

1572

1533

3161

3289

Renewal

1506

1484

3065

3191

Body Rub Owner\Operator
Initial

3144

3066

6322

6577

Renewal

3022

2968

6130

6381

Bowling Alley
Initial

172

136

135

143

Renewal

60

39

40

45

Carnival Over 3 rides
Initial

172

136

135

143

Renewal

60

39

40

45

Carnival - Up to 3 rides
Initial

172

136

135

143

Renewal

60

39

40

45

Cigars, Cigarettes
Initial

170

142

170

163

Renewal

72

72

72

65

Circus
Initial 500

136

135

143

Renewal 500

39

40

45

Exhibit Show
Initial

172

136

135

143

Renewal

60

39

40

45

Exhibition Art Works
Initial

172

136

135

143

Renewal

60

39

40

45

Foodstuffs
Initial

10

136

135

143

Renewal

10

39

40

45

Fresh Fish
Initial

50

136

135

143

Renewal

50

39

40

45

Fresh Meat
Initial

50

136

135

143

Renewal

50

39

40

45

Golf Course
Initial

172

136

135

143

Renewal

60

39

40

45

Hairdresser
Initial

172

136

135

143

Renewal

60

39

40

45

Hawker Pedlar
Initial

172

136

135

143

Renewal

60

39

40

45

Hawker Pedlar Helper
Initial

172

136

135

143

Renewal

60

39

40

45

Horse Meat
Initial

50

136

135

143

Renewal

50

39

40

45

Laundry
Initial

172

136

135

143

Renewal

60

39

40

45

Market Vendor
Initial

172

136

135

143

Renewal

60

39

40

45

Massage Parlour
Initial

172

135

143

Renewal

60

40

45

Massagist
Initial

172

135

143

Renewal

60

40

45

Motor Vehicle Racing
Initial

172

135

143

Renewal

60

40

45

Moving Pictures
Initial

135

143

Renewal

40

45

Old Gold Dealer
Initial

25

136

135

143

Renewal

25

39

40

45

Pawn Shop-Pawnbroker
Initial

172

136

135

143

Renewal

60

39

40

45

Pet Shop
Initial

172

136

135

143

Renewal

60

39

40

45

Proprietary Club
Initial

172

136

135

143

Renewal

60

39

40

45

Public Address System
Initial

172

136

135

143

Renewal

60

39

40

45

Public Garage
Initial

172

136

135

186

Renewal

60

39

40

88

Public Hall*
Initial

172

200

196

183

Renewal

60

75

100

85

Refreshments*
Initial

20

200

196

183

Renewal

20

103

100

85

Salvage Shop
Initial

20

136

135

143

Renewal

20

39

40

45

Salvage Yard
Initial

20

136

135

143

Renewal

20

39

40

45

Second Hand Dealer
Initial

20

136

135

143

Renewal

20

39

40

45

Second Hand Shop
Initial

20

136

135

143

Renewal

20

39

40

45

Second Hand Trade-in
Initial

20

136

135

143

Renewal

20

39

40

45

Service Station
Initial

172

136

135

143

Renewal

60

39

40

45

Special Sales per $1,000
Initial

10

10

11

Renewal

2

2

3

Swimming Pool
Initial

172

136

135

143

Renewal

60

39

40

45

Theatre
Initial

172

136

135

143

Renewal

60

39

40

45

Trailer Camp per month per lot
Initial

20

20

20

21

Renewal

20

20

20

21

Transient Trader
Initial

500

500

500

501

Renewal
Transient Trader auctions
Initial

31

136

135

143

Renewal

31

39

40

45

Victualling*
Initial

20

200

196

183

Renewal

20

103

100

85

Auctioneer
Initial

185

161

161

169

Renewal

56

64

65

68

Bill Distributor
Initial

182

161

161

169

Renewal

56

64

65

68

Building Cleaner
Initial

182

161

161

169

Renewal

56

64

65

68

Building Cleaner Employee
Initial

182

161

161

169

Renewal

56

64

65

68

Drain Contractor
Initial

182

161

161

169

Renewal

56

64

65

68

Drain Layers
Initial

182

161

161

169

Renewal

56

64

65

68

Electrical Contractors
Initial

186

186

183

201

Renewal

58

61

59

64

Electrical Masters
Initial

186

186

183

201

Renewal

58

61

59

64

Electrical Masters Maint.
Initial

186

186

183

201

Renewal

58

61

59

64

Heating Contractor
Initial

182

161

161

169

Renewal

56

64

65

68

Insulation installer
Initial

182

161

161

169

Renewal

56

64

65

68

Master-Hot Water Heating
Initial

182

161

161

169

Renewal

56

64

65

68

Master-Warm Air Heating
Initial

182

161

161

169

Renewal

56

64

65

68

Plumber - Contractor
Initial

221

210

207

217

Renewal

66

67

65

70

Plumber - Master
Initial

221

210

207

217

Renewal

66

67

65

70

Plumber - Master Maint
Initial

221

210

207

217

Renewal

66

67

65

70

Sign painter
Initial

182

161

161

169

Renewal

56

64

65

68

Building Renovator
Initial

10

178

192

204

Renewal

10

70

85

92

Chimney Repairman
Initial

10

178

192

204

Renewal

10

70

85

92

Horse Drawn Vehicle Owner* each Vehicle
Initial

142

158

157

117

Renewal

36

35

35

47

Additional Vehicle
Initial

72

72

108

68

Renewal

36

35

35

47

Horse Drawn Veh. Driver*
Initial

142

158

157

117

Renewal

36

35

35

47

Livery Cab Owner
Initial

612

463

481

465

Renewal

492

341

360

395

Livery Cab Driver*
Initial

323

335

234

177

Renewal

238

237

138

95

Rental Car*
Initial

142

158

157

117

Renewal

36

35

35

47

Rental Motorcycle
Initial

142

158

157

117

Renewal

36

35

35

47

Rental Motor Scooter
Initial

142

158

157

117

Renewal

36

35

35

47

Rental Snowmobile
Initial

143

158

157

117

Renewal

36

35

35

47

Refreshment Veh. Owner*
Initial

299

335

344

317

Renewal

160

196

222

247

Additional Vehicle*
Initial

229

265

285

268

Renewal

160

196

222

247

Refreshment Veh. Driver
Initial

231

96

106

107

Renewal

157

50

55

56

Refreshment Vehicle Asst.
Initial

231

96

106

107

Renewal

157

50

55

56

School Bus Driver*
Initial

142

158

157

117

Renewal

36

35

35

47

Tow Truck Owner
Initial*

279

348

485

444

Renewal

160

200

363

374

Additional veh
Initial*

231

231

436

395

Renewal

160

200

363

374

Tow Truck Driver
Initial*

175

219

282

272

Renewal

89

112

185

190

Taxicab Owner
Initial

5681

5681

5681

5965

Renewal

826

826

836

896

Taxicab Owner - Sale
Initial

3479

3479

3479

3763

Renewal
Taxicab Driver
Initial

157

400

420

442

Renewal

82

82

90

96

Taxicab Broker*
Initial

142

158

158

117

Renewal

36

35

35

47

Pedicab Owner
Initial

NA

306

423

441

Renewal

NA

227

371

371

Additional veh
Initial

NA

286

364

382

Renewal

NA

227

371

371

Pedicab Driver
Initial

NA

95

119

132

Renewal

NA

50

62

69

Collector
Initial 20 20 20

117

Renewal 20 20 20

47

Driving School-Operator
With Vehicle
Initial

50

292

281

308

Renewal

50

194

183

226

Additional Vehicle
Initial

50

292

232

259

Renewal

50

194

183

226

No Vehicle
Initial 50

292

240

242

Renewal 50

194

142

160

Driving School-Instructor
With Vehicle
Initial

50

292

281

308

Renewal

50

194

183

226

Additional Vehicle
Initial

50

292

232

259

Renewal

50

194

183

226

No Vehicle
Initial

50

292

240

242

Renewal

50

194

142

160

* Reduction in fees)

(City Council also had before it, during consideration of the foregoing clause, the following communications:

(i)(September 28, 1998) from the Executive Director, The Toronto Taxicab Owners and Operators Association, expressing concerns with respect to the new process on licensing matters; and

(ii)(September 29, 1998) from the Acting Chair, Taxicab Advisory Committee, requesting Council not to approve the portion of the 1999 budget dealing with taxicabs before the Taxicab Advisory Committee and the taxicab industry have had an opportunity to comment on this matter.)

3

Seizing and Impounding of Vehicles used by Persons Charged with

Prostitution Offence

(City Council on October 1 and 2, 1998 deferred consideration of this Clause to the next regular meeting of City Council to be held on October 28, 1998.)

The Emergency and Protective Services Committee recommends the adoption of the following resolution submitted by Councillor Frances Nunziata, York Humber, and Councillor Dennis Fotinos, Davenport:

WHEREAS in Manitoba the Provincial Attorney General, as part of the battle against prostitution, has tabled Bill 39, an Act which will amend their Highway Traffic Act to permit police to seize and impound the vehicles of "johns" when charged with communicating for the purpose of prostitution;

AND WHEREAS just the introduction of this legislation is already credited by the City of Winnipeg police department with a drop in prostitution related offences;

AND WHEREAS every mechanism available to the police to battle prostitution should be made available and utilized;

THEREFORE BE IT RESOLVED THAT Council request the Government of Ontario to introduce similar enabling legislation, that would permit the Toronto Police Service to seize and impound vehicles, for a specified period of time, owned or occupied by individuals or "johns", that have been charged with communicating for the purpose of prostitution.

AND BE IT FURTHER RESOLVED THAT this resolution be forwarded to the Federal Minister of Justice requesting that the Criminal Code be amended to provide police officers with the authority to seize and impound vehicles involved in prostitution related offences.

Your Committee also submits the following report (July 7, 1998) from the City Solicitor:

Recommendation:

It is recommended that this report be received for information.

Background:

In considering Clause No. 3 of Report No. 5 of the Emergency and Protective Services Committee, entitled "Seizing and Impounding of Vehicles used by Persons Charged with Prostitution Offence" City Council, at its meeting held on June 3, 4, and 5, 1998, decided to refer the Clause back to the Emergency and Protective Services Committee for further consideration.

The clause consisted of a motion submitted by Councillor Frances Nunziata, York Humber, which reads as follows:

Therefore be it resolved that Council request that the Government of Ontario, through the Attorney General, introduce similar enabling legislation, that would permit the Toronto Police Service to seize and impound the vehicles, for a specified period of time, owned or occupied by individuals or "johns", that have been charged with communicating for the purpose of prostitution.

The "similar enabling legislation" referred to in the above motion is Bill 39, Manitoba's proposed amendment to its Highway Traffic Act, to allow such seizures and impoundment of vehicles. This Bill has only received First Reading in the Manitoba Legislature to date.

City Council requested that:

The Chief of Police [and the City Solicitor] also examine whether vehicles could be seized and impounded now, without the need to any specific new legislation, and report thereon to the Emergency and Protective Services Committee for such meeting.

Comments:

(1)Existing Legislation

(a)Municipal

The Municipal Act provides that municipalities are able to pass by-laws regulating the parking, standing, or stopping of motor vehicles and towing provisions are part of these by-laws. Such by-laws are in place in the new City of Toronto (for example, see Chapter 400 of the former City of Toronto Municipal Code). Municipal by-laws also provide for the seizure of goods where such goods are being sold by a street vendor in contravention of the by-law governing their activity.

None of the above-mentioned by-laws, however, could be used to authorize police officers to seize and impound vehicles owned or occupied by "johns" and used in the commission of a prostitution related offence.

(b)Provincial

No specific provincial legislation provides police officers with the authority to seize and impound vehicles involved in a prostitution related offence.

While the Ontario Highway Traffic Act ("HTA") allows a police officer to order the removal of vehicles, from a highway, that are interfering with traffic (ss. 170(12) and170(15)), these sections are restricted to vehicles which are "parked" or "standing" on the highway. These items are defined in the HTA as follows:

"park" and "parking" means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers.

"stand" and "standing" when prohibited, means the halting of a vehicle, whether occupied or not, except for the purpose and while actually engaged in receiving or discharging passengers.

The Court of Appeal has ruled that "park" involves more than a temporary stop and further that the words "leave standing" will not be satisfied by the mere stopping of a vehicle, while the driver remains in his or her place and intends to proceed directly (Speers v. Griffin, [1939] O.R. 552 (C.A.)). Therefore, these sections would not assist in seizing vehicles which are "cruising" and never come to a full rather than a temporary stop.

Subsection 220(1) of the HTA, allows the seizure and impounding of motor vehicles following a conviction under enumerated sections of the HTA and the Criminal Code. The enumerated sections of the Code deal with operating or having control over a motor vehicle, vessel, aircraft, or railway equipment, while impaired by drugs or alcohol. The prostitution offences, however, are not included in the enumerated list under subsection 220(1) of the HTA. Further, the proposed amendments to Manitoba's HTA provide that the seizure and impounding of a motor vehicle involved in a prostitution related offence will occur prior, not subsequent, to a conviction.

Based on the foregoing, it is my opinion that there is no existing provincial legislation which would authorize the police to seize and impound a motor vehicle used by a person charged with a prostitution related offence.

(c)Federal

No specific Federal legislation permits the seizure and impounding of a motor vehicle involved in a prostitution related offence, by reason of that offence alone.

Under subsection 489(2)(b) of the Criminal Code, a peace officer who is lawfully present in a place in the execution of his or her duties, may seize anything the officer believes on reasonable grounds has been used in the commission of an offence against the Code or any other Act of Parliament.

It is unclear whether this provision would support the seizure of a motor vehicle that was used in the commission of a prostitution related offence, as there are no reported cases which discuss this issue.

Further, the Code does not provide for the "impoundment" of such items, but rather sets out a comprehensive restitution and detention regime for such property. Section489.1 of the Code, requires a peace officer to return the property as soon as is practicable so long as there is no dispute as to who is lawfully entitled to possession of the thing seized and that the continued detention of the thing seized is not required for the purposes of any investigation or court proceeding.

Assuming that a "john" drives his own car, and assuming that the detention of the car is not required for either an investigation or court proceeding, it is my opinion that under s. 489.1 of the Code, the police could not hold the car and would therefore be required to return it to the lawful owner.

Given the above, it appears that the current provisions of the Code respecting the seizure of property, do not extend to the seizure of vehicles used in the commission of prostitution related offences.

(2)Request for New Legislation

In light of the conclusion above, that existing laws do not provide sufficient authority for the impoundment of vehicles involved in prostitution related offences, Council may wish to consider making a request for certain legislative amendments, as discussed below.

Bill 39 to amend the Manitoba Highway Traffic Act includes the following proposed new subsection 242.2(3):

A peace officer who on reasonable grounds believes that a motor vehicle is being operated in the course of committing an offence under any of the following provisions of the Criminal Code (Canada) shall seize the vehicle and take it into the custody of the law:

(a) section 211 (transporting person to bawdy house);

(b) section 212 (procuring);

(c) section 213 (offence in relation to prostitution).

A request could be addressed to the provincial Government for the enactment of a similar amendment to the Ontario Highway Traffic Act.

A further request could be addressed to the Federal Government for the enactment of an amendment to the Criminal Code in order to provide police officers with the authority to seize and impound vehicles involved in prostitution related offences.

Conclusions:

There is no existing legislation which is broad enough to provide for the seizure and impounding of vehicles in relation to prostitution related offences under the Criminal Code.

City Council could request that the Provincial Government amend the Highway Traffic Act to include an enactment similar to that proposed in Manitoba. City Council may also request the Federal Government to amend the Criminal Code to provide police officers with the authority to seize and impound vehicles involved in prostitution related offences.

Contact Name:

Albert H. Cohen, Director - Litigation

(A copy of Bill 39, an Act to amend the Highway Traffic Act of the Province of Manitoba, which was provided to the Emergency and Protective Services Committee by Councillor Nunziata is on file in the Office of the City Clerk.)

4

Organization of the Toronto Licensing Commission

(City Council on October 1 and 2, 1998, adopted this Clause, without amendment.)

The Emergency and Protective Services Committee recommends the adoption of the following report (August 28, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

The purpose of this report is to provide a process by which the pending reorganization of the administrative functions of the Toronto Licensing Commission may be integrated with the implementation of the restructuring of the quasi-judicial tribunal functions of the Toronto Licensing Commission, without delaying the pending appointment of additional citizen members.

Funding Sources, Financial Implications and Impact Statement:

If adopted, the recommendations contained in this report will ensure that the implementation of the reorganization of the Toronto Licensing Commission (the "Commission") will reflect both the restructuring of the quasi-judicial tribunal functions of the Commission and the restructuring of the administrative functions of the Commission, without delaying the appointment of additional citizen members to the Commission.

This does not delay or impact the separation of the tribunal functions of the Commission from its policy functions as that separation has already been implemented in practice.

Recommendations:

It is recommended that:

(1)the three additional citizen appointments to the proposed Toronto Licensing Tribunal approved by City Council at its meeting of May 13 and 14, 1998 by its adoption of recommendation No. 1 of Report No.6(2) of the Special Committee to Review the Final Report of the Toronto Transition Team headed "Organization of the Licensing Commission" (the "Special Committee's Report"), be appointments to the Toronto Licensing Commission pending enactment of the by-law establishing the Toronto Licensing Tribunal; and

(2)upon enactment of the by-law establishing the Toronto Licensing Tribunal, the Tribunal be composed of the four existing citizen members of the Toronto Licensing Commission and the three additional citizen members appointed to the Toronto Licensing Commission.

Council Reference/Background/History:

At its meeting of May 13 and 14, 1998, City Council adopted, with amendments, Report No.6(2) of the Special Committee to Review the Final Report of the Toronto Transition Team headed "Organization of the Licensing Commission" (the "Special Committee's Report"). This report addressed the structure of the Commission as it pertains to the quasi-judicial tribunal functions of the Commission. With respect to the composition of the proposed restructured Toronto Licensing Tribunal, City Council adopted recommendation No. 1 contained in the Special Committee's Report recommending that the Toronto Licensing Tribunal be composed of seven citizens, composed of the current four citizen members of the Commission and three additional citizens appointed as Tribunal members by City Council through the Nominating Committee.

It is anticipated that the recommendations of the Nominating Committee in respect of these three citizen appointments to the Toronto Licensing Tribunal will be considered by City Council at its meeting of October 1, 1998.

Comments and/or Discussion and/or Justification:

Since the meeting of City Council on May 13 and 14, 1998 at which City Council considered the restructuring of the quasi-judicial tribunal functions of the Commission. I have taken a number of steps to determine the integration of the licensing function into the Urban Planning and Development Services Department. A decision was approved by the Chief Administrative Officer in July to combine the licensing and municipal standards (by-law enforcement) activities in one Division. An executive search is currently underway, internally and externally, for the recruitment of the Executive Director, Licensing and Standards. A consultant has been retained to lead concurrently the organizational review of the administrative structure of licensing and municipal standards and to design the appropriate management structure. That review should be completed by early October.

This pending reorganization of the administrative functions of licensing has an impact on the implementation of the restructuring of the quasi-judicial tribunal functions of the Commission.

By-law No. 20-85 of the former Metropolitan Council respecting the licensing, regulating and governing of businesses deals with both the administrative and quasi-judicial tribunal functions of the Commission. The bill implementing the restructuring of the quasi-judicial tribunal functions of the Commission requires that these quasi-judicial tribunal functions be clearly distinguished from the administrative functions of the Commission. If the bill implementing this restructuring is enacted at this stage, it will not reflect the reorganization of the administrative functions of the Commission, which reorganization is imminent.

The recommendations of the Special Committee's Report, adopted by City Council at its meeting of May 13 and 14, 1998 contemplated that the by-law required to effect the restructuring of the quasi-judicial tribunal functions of the Commission would be enacted prior to the appointment of the additional three citizens to the Toronto Licensing Tribunal. It is anticipated that the recommendations of the Nominating Committee in respect of these three additional citizen appointments will be considered by City Council at its meeting of October 1, 1998.

In order to avoid delaying the appointment of the additional three citizen members and to ensure that the implementation of the restructuring of the Commission reflects both the restructuring of the quasi-judicial tribunal functions of the Commission and the restructuring of the administrative functions of the Commission, it is recommended that the three additional citizen members be initially appointed as members of the Toronto Licensing Commission rather than as members of the Toronto Licensing Tribunal. This would permit the three additional appointments to be made and would permit these appointees to sit as tribunal members pending the enactment of the by-law implementing the restructuring of the Commission.

It is recommended that, upon enactment of the by-law implementing the restructuring of the Commission and establishing the Toronto Licensing Tribunal, the Tribunal be composed of the four existing citizen members of the Toronto Licensing Commission and the three additional citizen members appointed to the Toronto Licensing Commission.

Conclusions:

It is recommended that the three additional citizen appointments to the proposed Toronto Licensing Tribunal approved by City Council at its meeting of May 13 and 14, 1998 by its adoption of recommendation No. 1 of Report No.6(2) of the Special Committee to Review the Final Report of the Toronto Transition Team headed "Organization of the Licensing Commission" (the "Special Committee's Report"), be appointments to the Toronto Licensing Commission pending enactment of the by-law establishing the Toronto Licensing Tribunal.

It is further recommended that, upon enactment of the by-law establishing the Toronto Licensing Tribunal, the Tribunal be composed of the four existing citizen members of the Toronto Licensing Commission and the three additional citizen members appointed to the Toronto Licensing Commission.

Contact Name:

Virginia M. West, Commissioner, Urban Planning and Development Services, 397-4154

5

Other Items Considered by the Committee

(City Council on October 1 and 2, 1998, received this Clause, for information, subject to deferring consideration of Item (m), entitled "Toronto Police Service - Air Service Business Case", embodied in this Clause to the next regular meeting of City Council to be held on October 28, 1998.)

(a)Taxicam Security System.

The Emergency and Protective Services Committee reports having referred the following communication to the General Manager, Toronto Licensing Commission, for a report thereon to the Committee on the benefits of digital imaging and security recording systems and any other similar systems; an implementation plan, if viable; and information on costs.

(August 19, 1998) from Mrs. Leslie Chase, VP Marketing & Sales, VerifEye, regarding the benefits of installing the TaxiCam security system in Toronto taxis.

_______

Mr. Steven D. Holmes, C.A., President & CEO, VerifEye, appeared before the Emergency and Protective Services Committee in connection with the foregoing matter and filed a written submission with the Committee.

(b)Auto Service Centres and Body Shop Garages - Hours of Operation.

The Emergency and Protective Services Committee reports having referred the following communication to the City Solicitor and the General Manager, Toronto Licensing Commission, for a report thereon to Committee as soon as possible:

(July 24, 1998) from Councillor Frances Nunziata, York Humber, recommending that the City of Toronto Legal Department and Toronto Licensing Commission staff be directed to draft a by-law that would prohibit auto service centres and body shop garages, as a condition of their license, from performing any body work or vehicle repairs between the hours of 9:00p.m. and 7:00 a.m. Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m. on Saturday and Sunday.

(c)Neighbourhood Protection Act.

The Emergency and Protective Services Committee reports having referred the following communications to the Mayor's Office for consideration with the recommendations on the panhandling/squeegee kids issue:

(i)(August 18, 1998) from Councillor Frances Nunziata, York Humber, forwarding a copy of a letter (August 12, 1998) from the Ontario Solicitor General regarding the regulation of loitering on city sidewalks in the City of Toronto; and advising that the proposed Neighbourhood Protection Act is one of a number of recommendations under review by the Crime Control Commission; and a copy of her memo (August17, 1998) to the City Solicitor asking whether his Department has reviewed the proposed legislation;

(ii)(September 3, 1998) from Councillor Frances Nunziata, York Humber, forwarding a copy of a reply (August 26, 1998) from the City Solicitor advising that he would have no objection to a recommendation that the Province be requested to advise the appropriate City Officials as to the status of its proposal with regard to the Neighbourhood Protection Act and permit the City to participate in the Crime Control Commission's consultation process, as appropriate; and recommending that Council direct the Chair and any interested members of the Emergency and Protective Services Committee to meet with the Crime Control Commission, in reference to the Neighbourhood Protection Act, requesting that enabling legislation be enacted in the fall session of the Legislature which would provide the City with the authority to prohibit loitering in designated areas of the City of Toronto.

(d)Licensing of Body Rub Parlours.

The Emergency and Protective Services Committee reports having received the following communication for information:

(July 17, 1998) from Ms. Juliette Parise, Director, Association of Body Rub Parlours for Owners, Operators & Attendants (Ontario), expressing concerns regarding the limitation of licenses and the high cost of fees and requesting that the Committee consider the following:

(1)offering more licenses;

(2)reducing the cost of license fees; and

(3)reviewing and updating the by-laws.

_______

Ms. Juliette Parise, Director, Association of Body Rub Parlours for Owners, Operators & Attendants (Ontario), appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.

(e)Requested Amendment to By-law No. 20-85 - Adult Entertainment Establishments - Stardust Lounge.

The Emergency and Protective Services Committee reports having:

(1)referred the following matter to the General Manager, Toronto Licensing Commission, the Commissioner of Urban Planning and Development Services and the City Solicitor for a report to the next meeting of the Committee to be held on October 6, 1998, advising how best to deal with this and other such matters in the future and what the public consultation process should be for amendments to By-law No. 20-85; and

(2)requested that the local Councillors be informed when this issue is to be considered by the Committee.

(i)(July 6, 1998) from Mr. Sam Reteja, requesting an amendment to By-law No. 20-85 to permit a new additional adult entertainment lounge on the lower level of the Stardust Lounge at 1780 Albion Road;

(ii)(July 13, 1998) from the General Manager, Toronto Licensing Commission, forwarding a copy of her letter (July 13, 1998) to Mr. Sam Reteja, Nooky's, advising that a by-law amendment is required to permit an additional lounge at this location; that the proposed operation does not conform with the current Licensing By-law; and that charges will be laid if this business is found to be operating; and

(iii)(July 21, 1998) from Mr. A.J. Bickerton, Solicitor, forwarding a copy of his letter (July 20, 1998) to the General Manager, Toronto Licensing Commission, on behalf of the applicant, expressing his opinion on this proposal.

_______

Mr. A.J. Bickerton, Solicitor, appeared before the Emergency and Protective Services Committee in connection with the foregoing matter and filed a copy of the submissions made to date on behalf of Stardust Lounge and drawings of the subject premises.

(f)Information on Parking Enforcement.

The Emergency and Protective Services Committee reports having:

(1)received the communication (July 7, 1998) from the Chairman of the Toronto Police Services Board;

(2)deferred the report (August 28, 1998) from the Chief Financial Officer and Treasurer regarding the feasibility of establishing a First Appearance Facility at the Etobicoke Civic Centre until such time as the recommendations contained in Bill 108 having been implemented and that the matter be placed before the Emergency and Protective Services Committee for reconsideration at that time; and having directed that when determining sites efforts be made to ensure that these sites are in City-owned facilities; and

(3)received the report (August 28, 1998) from the Chief Financial Officer and Treasurer regarding the feasibility of placing parking tag revenues into a reserve; and having advised the Budget Committee that the Emergency and Protective Services Committee neither confirms nor refuses the recommendation contained in the conclusions section of said report which reads: "It is therefore not recommended that the parking tag revenues be removed from the corporate revenue stream."

(i)(July 7, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, advising that the Toronto Police Services Board on June 18, 1998, received a report (May 20, 1998) from the Chief of Police in response to a request from the Emergency and Protective Services Committee on April 21, 1998 for information on a number of issues related to parking enforcement;

(ii)(August 28, 1998) from the Chief Financial Officer and Treasurer, responding to a request from the Emergency and Protective Services Committee regarding the feasibility of establishing a First Appearance Facility at the Etobicoke Civic Centre; and

(iii)(August 28, 1998) from the Chief Financial Officer and Treasurer, reporting on a request from the Emergency and Protective Services Committee regarding a change in Council policy that would provide for revenues from parking enforcement to be placed into reserve accounts rather than treating such funds as revenue; and recommending that parking tag revenues not be removed from the corporate revenue stream.

(g)Toronto Police Service Parking Tag Issuance: January - March, 1998.

The Emergency and Protective Services Committee reports having received the following report for information and having requested the Chair of the Toronto Police Services Board to provide information on ticket issuance by ward on a quarterly basis to the Emergency and Protective Services Committee:

(July 7, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, advising that the Toronto Police Services Board on June 18, 1998, received a report (April20, 1998) from the Chief of Police providing data related to the issuance of parking tags by Parking Enforcement Officers, Police Officers and Municipal Law Enforcement Officers for the months January to March 1998.

(h)Land Acquisition Plans for 51 Division.

The Emergency and Protective Services Committee reports having received the following report for information:

(July 7, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, advising that the Toronto Police Services Board on June 18, 1998, received a report (May29, 1998) from the Chief of Police outlining the land acquisition plans for 51 Division in which he advised that the Toronto Police Service has identified two properties within 51 Division that meet the Service's requirements but that any recommendation to the Board will be deferred until the City's Real Estate Division completes its property review.

(i)Toronto Police Service - Proposed Boundary Changes.

The Emergency and Protective Services Committee reports having received the following report for information:

(August 5, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, forwarding a copy of a report (June 17, 1998) from the Chief of Police received by the Toronto Police Services Board on July 16, 1998 in response to a request from Toronto City Council, at its meeting held on February 4, 5 and 6, 1998, for information on the proposed realignment of Police districts and divisions to coincide with political boundaries.

(j)Role of Base Hospitals.

The Emergency and Protective Services Committee reports having received the following report for information:

(August 13, 1998) from the Acting General Manager, Toronto Ambulance, providing Toronto City Council with an overview and understanding of the role that Base Hospitals play in the medical oversight of ambulance service delivery in municipalities.

(k)Critical Care Transport Unit Program - Definition of "Cost-Recovery Plus".

The Emergency and Protective Services Committee reports having received the following report for information:

(August 12, 1998) from the Acting General Manager, Toronto Ambulance, providing additional information requested by the Emergency and Protective Services Committee regarding Toronto Ambulance report (June 15, 1998) describing the Critical Care Transport Program initiative, specifically the meaning of 'cost-recovery plus' within the context of the report.

(l)Additional Provincial Downloading Costs for Toronto Ambulance.

The Emergency and Protective Services Committee reports having received the following report for information:

(August 13, 1998) from the Acting General Manager, Toronto Ambulance, advising of additional budget pressures that the Province is imposing on Toronto Ambulance as a result of decisions it has made respecting the withdrawal of funding for previously funded equipment, and the requirement that Toronto Ambulance alter the type of certain supplies it uses; and recommending that:

(1)this report be received for information only at this time; and

(2)once Toronto Ambulance has reported back with a more precise estimate of the costs related to these additional downloading pressures, Toronto Council, as part of the 1999 Operating Budget process, give due consideration to a request by Toronto Ambulance for an increase in its 1999 operating budget equal to the amount of the final estimate.

(m)Toronto Police Service - Air Service Business Case.

The Emergency and Protective Services Committee reports having:

(1)recommended to the Budget Committee that the recommendations of the Toronto Police Services Board with regard to the establishment of an Air Service be endorsed;

(2)requested the Chair of the Toronto Police Services Board to report back to the Emergency and Protective Services Committee with a review of the Air Service Business Case submitted by the Chief of Police in sufficient time to include this initiative in the 1999 Operating Budget and that the Committee's Toronto Police Services Board Budget Working Group be directed to work with the Chair of the Toronto Police Services Board and the Board's Review Committee in considering the acquisition of an Air Service as part of the budget process; and

(3)requested the Fire Chief and the Acting General Manager, Toronto Ambulance, to consult with the Toronto Police Service to establish a resource sharing agreement to achieve some of the protocols related to the shared use of the Air Service as discussed by the Chief of Police at the meeting.

(i)a report (August 5, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, advising that the Toronto Police Services Board on July 16, 1998:

(1)received a report (June 30, 1998) from the Chief of Police recommending that:

(a)the Board approve in principle the establishment of an Air Service; and

(b)the Board approve $1.5 million in the 1999 Services Operating Budget for the establishment of an Air Service;

(2)approved, in principle, the establishment of an Air Service;

(3)established a committee to review the business case submitted by the Chief and:

(a)to explore innovative opportunities for joint corporate sponsorship; and

(b)to consider, as an alternative to the full Air Service program recommended by the Chief, the feasibility of establishing a pilot project utilizing one or two helicopters;

(4)structured the Review Committee as follows: Chairman Gardner as the Committee Chairman, two additional Board members, Deputy Chief Reesor and other appropriate Service staff selected by Deputy Chief Reesor, and

(5)directed that a copy of this report be forwarded to the Emergency and Protective Services Committee for information.

(ii)Communication (June 29, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, forwarding a report (November 20, 1998) prepared by Dr. Kathryn Asbury, Research Management Consultants Inc. for the Toronto Police Services Board identifying key strategic issues for members of the Toronto Police Services Board and Command officers to assess the potential contribution of helicopters in municipal law enforcement;

(iii)Joint Report (September 1, 1998) from the Fire Chief and the Acting General Manager, Toronto Ambulance, advising the Committee and City Council of the options which may exist with respect to expanding the role of a police helicopter so that it might serve multi-emergency service functions; and

(iv)(July 16, 1998) Brief submitted by the Toronto Police Service entitled "Air Service Business Case" and a video on police helicopters in Toronto.

________

The following persons appeared before the Emergency and Protective Services Committee on behalf of the Toronto Police Services Board and gave an audio/visual presentation to the Committee in connection with the foregoing matter:

-Chief of Police David J. Boothby;

-Deputy Chief of Police Steven Reesor;

-Detective Sergeant Brian Raybould; and

-Councillor Norman Gardner, Chairman, Toronto Police Services Board.

Councillor Chris Korwin-Kuczynski, High Park, also appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.

(n)Report of the Emergency and Protective Services Committee Working Group on Fire and Ambulance Services.

The Emergency and Protective Services Committee reports having received the following communication for information:

(September 4, 1998) Councillor Brad Duguid, Chair, Working Group on Fire and Ambulance Services, advising that the Working Group met on September 2, 1998 to consider a number of issues, programs and undertakings related to Fire and Ambulance Services and forwarding a copy of a communication (September 2, 1998) from the Fire Chief filed with the Working Group providing information on an international training program for twelve fire officers of the Dubai Civil Defence, United Arab Emirates.

Respectfully submitted,

DENNIS FOTINOS,

Chair

Toronto, September 8 and 11, 1998

(Report No. 9 of The Emergency and Protective Services Committee, including additions thereto, was adopted, as amended, by City Council on October 1 and 2, 1998.)

 

   
Please note that council and committee documents are provided electronically for information only and do not retain the exact structure of the original versions. For example, charts, images and tables may be difficult to read. As such, readers should verify information before acting on it. All council documents are available from the City Clerk's office. Please e-mail clerk@city.toronto.on.ca.

 

City maps | Get involved | Toronto links
© City of Toronto 1998-2001