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.)
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