CITY CLERK

PLANNING AND TRANSPORTATION COMMITTEE

REPORT No. 4

For Consideration by

The Council of the City of Toronto

on September 28 and 29, 1999

2 Appeal of Scarborough By-law No. 24965 by Former Municipality of Metropolitan Toronto (W96002)
Birchcliff Community (Ward 13 - Scarborough Bluffs)

3 Report of the Toronto Hoof and Cycle Courier Coalition - "Choking Us to Death: The Air Pollution Crisis and
its Effects on Bicycle Couriers"

4 Year 2000 Licence Fees .

5 Other Items Considered by the Committee

City of Toronto

REPORT No. 4

OF THE PLANNING AND TRANSPORTATION COMMITTEE

(from its meeting on September 13, 1999,

submitted by CouncillorJoanne Flint, Chair)

As Considered by

The Council of the City of Toronto

on September 28 and 29, 1999

1

Order to Prohibit Rent Increases (OPRIs)

(City Council on September 28 and 29, 1999, amended this Clause by adding thereto the following:

"It is further recommended that:

(1) the Chief Building Official, in co-operation with the Chief Planner, be instructed to:

(a) review all outstanding Orders to Prohibit Rent Increases (OPRI) work orders in the City of Toronto to determine how many rental units are presently affected by an OPRI rent freeze and the status of the compliance of these work orders;

(b) determine whether an adequate level of compliance standards are being applied in the clearing of OPRI work orders;

(c) determine how the City might better achieve compliance with non-OPRI work orders issued against negligent landlords after the introduction of the Tenant Protection Act in June 1998, on buildings with outstanding co-existing OPRI work orders; and

(d) review the legislation dealing with the enforcement of property standards, and report back to the Sub-Committee to Restore Rent Control on other recommended amendments to the Tenant Protection Act that would further strengthen the municipality's ability to maintain these standards; and

(2) City Council request the Province of Ontario to provide a list to the Acting Commissioner of Urban Planning and Development Services of all Orders to Prohibit Rent Increases as at June 17, 1998, by address, and, if possible, the number of relevant City orders to which they were laid.")

The Planning and Transportation Committee recommends that the Province of Ontario be requested to amend the Tenant Protection Act to restore the municipalities' ability to apply to the Province to issue Orders Prohibiting Rent Increases work orders against problem addresses in order to achieve compliance with building code standards.

The Planning and Transportation Committee submits the following report (August 24, 1999) from Councillor Walker, Chair, Sub-Committee to Restore Rent Control:

Origin:

Councillor John Adams.

Purpose:

To request that the Planning and Transportation Committee consider the matter of outstanding Orders Prohibiting Rent Increases (OPRI's) issued before the Tenant Protection Act came into effect on June 17, 1999 against negligent landlords who have failed to comply with building code standards.

Recommendation:

That Planning and Transportation Committee recommend that City Council request that the Province of Ontario amend the Tenant Protection Act to restore the municipalities ability to apply to the Province to issue OPRI work orders against problem addresses in order to achieve compliance with building code standards.

Background:

At its meeting of August 11, 1999, the Sub-Committee to Restore Rent Control had before it the attached communication from Councillor Adams respecting Orders to Prohibit Rent Increases (OPRI's).

As the meeting did not have quorum (only seven members were present) the Sub-Committee met informally. Members present at the meeting recommended that recommendation 2 of Councillor Adams' communication (above) be forwarded to City Council through the Standing Committee for consideration at its next meeting.

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(Communication dated August 10, 1999 from Councillor Adams

addressed to the Sub-Committee to Restore Rent Control)

Purpose:

To request that the Sub-Committee to Restore Rent Control consider the matter of outstanding Orders Prohibiting Rent Increases (OPRI's) issued before the Tenant Protection Act came into effect, against negligent landlords who have failed to comply with building code standards.

Financial Implications:

Not applicable.

Recommendations:

(1) That the Chief Building Official, in co-operation with the Chief Planner be instructed to:

(i) review all outstanding OPRI work orders in the City of Toronto to determine how many rental units are presently affected by an OPRI rent freeze and the status of the compliance of these work orders;

(ii) determine whether an adequate level of compliance standards are being applied in the clearing of OPRI work orders; and

(iii) determine how the City might better achieve compliance with non-OPRI work orders issued against negligent landlords after the introduction of the Tenant Protection Act in June 1998, on buildings with outstanding co-existing OPRI work orders;

(2) that the Sub-Committee to Restore Rent Control recommend that City Council request that the Province of Ontario amend the Tenant Protection Act to restore the municipalities ability to apply to the Province to apply an OPRI work order against problem addresses in order to achieve compliance with building code standards; and

(3) that the Chief Building Official, in co-operation with the Chief Planner, be instructed to review the legislation dealing with the enforcement of property standards, and report back to the sub-committee on other recommended amendments to the Tenant Protection Act that would further strengthen the municipality's ability to maintain these standards.

Background:

In an August 7, 1996 report to the former City of Toronto Council, prior to the introduction of the Tenant Protection Act, the Commissioner of Housing reported that OPRI's were the "single most effective tool for gaining timely compliance for property standards violations given that was a direct and continuous incentive to have deficiencies corrected." From 1992 to 1996, the Province issued 5289 OPRI's in the City of Toronto, of which 72 per cent were rescinded or withdrawn before the rent freeze went into effect because the landlord had satisfied City staff of the completion of the subject work order. The weakening of the City's ability to gain compliance of property standards is increasingly causing tenants to demand better protection, as is evident from the attached communication, addressed to me by Parkdale Tenants' Association, dated July 23, 1999.

The Planning and Transportation Committee also had before it the communication (July 23, 1999) from Robert B. Levitt, Parkdale Tenants Association, appended to Councillor Adams' foregoing communication, which was forwarded to all Members of Council with the agenda of the Planning and Transportation Committee for its meeting of September 13, 1999, and a copy thereof is on file in the office of the City Clerk.

2

Appeal of Scarborough By-law No. 24965 by

Former Municipality of Metropolitan Toronto (W96002)

Birchcliff Community (Ward 13 - Scarborough Bluffs)

(City Council on September 28 and 29, 1999, adopted this Clause, without amendment.)

The Planning and Transportation Committee recommends the adoption of the following report (August 18, 1999) from the Acting Commissioner of Urban Planning and Development Services.

Purpose:

To resolve an intra-municipal appeal outstanding on the files of the Ontario Municipal Board.

Financial Implications:

The allocation of this land for parks purposes will result in foregone revenue of approximately $300,000.00 to $400,000.00. While no immediate additional costs for parks utilization purposes are anticipated, the ultimate improvement of these lands will require the future incorporation of up to $350,000.00 in the Economic Development, Culture and Tourism capital budget.

Recommendations:

It is recommended that:

(1) the former Metro owned lands, shown on the sketch attached to this report, be retained for open space purposes and become part of the City's Park land inventory and be placed under the jurisdiction of the Commissioner of Economic Development, Culture & Tourism;

(2) the Ontario Municipal Board be advised that the appeal of Scarborough By-law No. 24965 is hereby withdrawn;

(3) the Minister of Municipal Affairs and Housing be requested to now approve Scarborough By-law No. 24965 together with that portion of Scarborough Official Plan Amendment No. 972 for which no decision has been made; and

(4) the appropriate City Officials be authorized to take the necessary action to give effect thereto.

Background:

During 1996, Scarborough Planning staff conducted a land use study of that portion of the former Scarborough Transportation Corridor which runs from Clonmore Drive to St. Clair Avenue. At that time, Metropolitan Toronto owned several single-family homes along the north sides of Clonmore Drive and Hollis Avenue, and on both sides of Kalmar Avenue, as well as some vacant land within the study area.

The study involved public consultation and advice and input from other relevant Scarborough staff, including planners in Recreation, Parks and Culture. The study culminated in a Public Meeting held by Scarborough Council on October 29, 1996. Council adopted the staff recommendations to delete the Special Study Area on the corridor lands, extend the abutting uses into the corridor lands, and introduce new Park, Open Space and Institutional - Public Utilities designations through Official Plan Amendment No. 972. The Amendment (OPA) was implemented by By-law No. 24965 which amended the zoning on the subject site located between Warden and Kalmar Avenue south of the CNR right-of-way to "Major Open Space" (O) (see attached sketch). This property was then owned by Metro Toronto.

Metro Planning staff expressed no objection to the OPA, but did file an appeal against the Zoning By-law as it applied to the Hollis-Kalmar lands. As a result, the Minister did not make a decision on OPA 972 in relation to the subject site.

In addition to providing three grounds for the appeal, the letter from Metro Planning staff went on to request the Minister to confer with Metro prior to issuing his decision on OPA 972. It also stated that staff would be reporting to Metro Council for confirmation of this action, but no such report to Metro Council was ever prepared, and the matter remains a staff-level referral request.

On June 25, 1998, the OMB wrote to the City of Toronto requesting that, given the amalgamation of the two parties to this matter, the City advise the Board as to how it wishes to proceed. Since that time, staff of various departments have visited the site and considered its potential.

Comments:

Planning Context and Topography:

The lands in question lie along the south side of the CN railway main line just east of Warden Avenue. To the south are single family homes fronting on Hollis Avenue, and to the east single family homes on Kalmar Avenue. Currently access is available through a pair of vacant lots on Kalmar Avenue.

While Hollis Avenue is relatively level, Kalmar slopes steeply uphill from Hollis to its intersection with Danforth Avenue. The CNR is at a higher level still as it bridges over Danforth and Warden Avenues. The trains are running well above rooftop level, and from the mapped contours the track level is some 10 m above the level of the Hollis Avenue backyards. Accordingly, the subject site slopes steeply from the rear of Hollis Avenue properties to the CNR right-of-way.

Evaluation:

The existing Official Plan designation on the property is Special Study Area, while the zoning reflects that of the surrounding area which is "Single Family Residential" (S). In 1996, the potential for development was explored with assistance from Urban Design staff. The area of available land was theoretically large enough for 9 single-family lots with 10 m frontages on a 110 m cul-de-sac connection from Kalmar Avenue. However, while 9 lots are theoretically possibly, site constraints suggest that fewer than 9 lots would be more likely. If it is assumed the yield would be in the range of 6 to 8 lots, Real Estate staff advise that potential revenue from a sale is in the range of $300,000.00 to $400,000.00. Moreover, Planning Staff are of the opinion that housing is not a suitable use for these lands.

Staff of the Shelter, Housing and Support Division of Community Services have investigated the potential of the Kalmar-Hollis parcel in view of Council's Housing First Policy. Their advice is that the parcel has little potential and should no longer be considered to advance objectives of the Housing First Policy.

A parks use was investigated and Parks staff have advised that retention of the property as parkland is warranted and desirable. Much of the property appears to be used for local informal recreational pursuits. The property also contains some mature vegetation. The lands are not intensively maintained as parks at present and this practice could continue until park development options are considered in more detail. Future options for making the lands more serviceable as a park could include improved access, additional plantings and a playground apparatus. There would be no operating budget implications if the lands continue to be maintained as they are at present. Future options could include improvements costing up to $350,000.00. Such improvements and associated costs will be considered in the future through the normal Capital Budget process.

On June 17, 1999, the Property Management Committee considered the disposition of this site and approved the retention of these lands for open space purposes, to become part of the City's Park land inventory.

Conclusions:

Given the amalgamation of the former City of Scarborough with the former Municipality of Metropolitan Toronto, the appellants of Scarborough By-law No. 24965 no longer exist, and a hearing cannot properly be held. The OMB wishes to have this matter resolved through a decision of the new City of Toronto Council. Having evaluated the opportunities and hazards present on the affected lands, staff are of the opinion that the lands should be retained for passive open space uses and that both Scarborough By-law No. 24965 and the deferred portion of Scarborough OPA 972 should be upheld. The OMB should be so advised and be requested to order the approval of both amendments adopted by the former Scarborough Council.

Contact Name:

Carolyn Johnson, MCIP, RPP

Program Co-ordinator, Transportation Division

(416)-396-5376

(416)-396-4265 Fax Number

cjohnson@city.scarborough.on.ca

Insert Table/Map No. 1

Location Hollis Avenue at Kalmar Ave.

Insert Table/Map No. 2

Location Hollis Avenue at Kalmar Ave.

3

Report of the Toronto Hoof and Cycle Courier Coalition

- "Choking Us to Death: The Air Pollution Crisis and

its Effects on Bicycle Couriers"

(City Council on September 28 and 29, 1999, adopted this Clause, without amendment.)

The Planning and Transportation Committee recommends that:

• air quality advisory messages which alert people to the risk of being outdoors on high risk days include a request that motorists refrain from using their vehicles;



• all City of Toronto enforcement staff, including Parking Enforcement Officers, be fully informed regarding the importance of ticketing motorists for idling offences, particularly on air quality advisory days;



• all proposals for bicycle lanes be submitted to the Toronto Cycling Committee, wherever possible, for comment prior to adoption; and



• the report titled "Choking Us to Death" prepared by the Toronto Hoof and Cycle Coalition be forwarded to other levels of government.

The Committee reports, for the information of Council, having:

(1) Amended Recommendation (1) of the recommendations of the Toronto Cycling Committee, contained in the report (July 22, 1999) from the City Clerk to read:

"(1) that free transit be available on air quality advisory days" and adopted this recommendation, in principle, and requested the:

(a) Chief Financial Officer, in consultation with the TTC, to identify the source of revenue to finance the initiative in the recommendation, and report thereon to the Planning and Transportation Committee; and

(b) Medical Officer of Health to report on which groups should be targetted;

(2) adopted Recommendation (2) of the report (July 22, 1999) from the City Clerk, in principle, and requested the Medical Officer of Health to report to the Planning and Transportation Committee on this recommendation;

(3) referred Recommendation (3) of the report to the Medical Officer of Health with a request that she report thereon to the Planning and Transportation Committee;

(4) referred Recommendation (7) of the report to the Acting Commissioner of Urban Planning and Development with a request that he forward a status report to the Planning and Transportation Committee on this matter; and

(5) referred the following motion placed by Councillor Moscoe to the Acting Commissioner of Urban Planning and Transportation with a request that he report thereon to the Planning and Transportation Committee:

"That a policy restricting car use reduction be established by City Council and that a quarterly report on the success of the policy's objectives be forwarded to the Planning and Transportation Committee."

The Planning and Transportation Committee submits the following report (July 22, 1999) from the City Clerk:

Recommendations:

The Toronto Cycling Committee at its meeting held on July 19, 1999, recommended to the Planning and Transportation Committee that:

(1) free transit be available on air quality advisory days, particularly for seniors and children;

(2) a Smog Action Day be introduced in the City of Toronto, identifying ways and means of reducing smog;

(3) the anti-idling by-law be amended, so as to limit the amount of idling time to less than three minutes and remove the upper limit on the temperature, currently provided for in the by-law at 27 degrees centigrade;

(4) air quality advisory messages which alert people to the risk of being outdoors on high risk days, include a request that motorists refrain from using their vehicles;

(5) all City of Toronto enforcement staff, including Parking Enforcement Officers, be fully informed regarding the importance of ticketing motorists for idling offences, particularly on air quality advisory days;

(6) the report of The Toronto Hoof and Cycle Courier Coalition be forwarded to the senior levels of government, for information;

(7) special priority be given to bicycle facilities in the suburban part of the City; and

(8) all proposals for bicycle lanes be submitted to the Toronto Cycling Committee, wherever possible, for comment prior to adoption.

The Toronto Cycling Committee reports, for the information of the Planning and Transportation Committee, having:

(A) requested the Board of Health to:

(1) invite representatives of The Toronto Hoof and Cycle Courier Coalition, and any other interested representatives of the courier industry, to make a presentation to the Board respecting the report of the Coalition; and

(2) participate in assisting the Coalition in the research on the impact of smog on the health of workers in the courier industry;

(B) recommended to the Environmental Task Force that:

(1) car use reduction be made a major objective of the City of Toronto;

(2) the appropriate staff be requested to submit a monthly report to the Planning and Transportation Committee, on any initiatives taken to reduce the use of cars and the results of such initiatives; and

(3) the Task Force research and consider a requirement that vehicles be turned off at red lights;

(C) directed that the report of the Coalition and related recommendations be forwarded, for information, to:

(1) Members of Toronto City Council;

(2) Mayors of the Greater Toronto Area; and

(3) the Board of Health; and

(D) referred the following motion to the Education and Safety Sub-Committee for consideration and report thereon to the Toronto Cycling Committee:

"Moved by Councillor Layton, that the Toronto Cycling Committee investigate ways and means to include the issue of air quality in its education of cyclists regarding smog.".

Background:

The Toronto Cycling Committee had before it a communication (June 18, 1999) from Mr. Joe Hendry, The Toronto Hoof and Cycle Courier Coalition, respecting The Toronto Hoof and Cycle Courier Coalition's report, entitled "Choking Us to Death - The Air Pollution Crisis and its Effects on Bicycle Couriers", respecting smog and its long-term consequences on bicycle couriers and other cyclists.

The Toronto Cycling Committee also had before it the aforementioned report by The Toronto Hoof and Cycle Courier Coalition and a chart, headed "Toronto's Summer of Smog 1999 - so far", submitted by Mr. Joe Hendry.

Mr. Joe Hendry, The Toronto Hoof and Cycle Courier Coalition, appeared before the Toronto Cycling Committee in connection with the foregoing matter.

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(May 1999 report of The Toronto Hoof and Cycle Courier Coalition,

titled "Choking Us to Death--The Air Pollution Crisis and

Its Effects on Bicycle Couriers", submitted by Mr. Joe Hendry)

Executive Summary

In the past few years there have been many news headlines about compelling studies on the health effects of air pollution. The headlines, along with personal experiences, prompted The Toronto Hoof and Cycle Courier Coalition (THC³) to investigate the new evidence on pollution as it pertains to bicycle couriers. Our findings are summarized the report "Choking Us to Death: The Air Pollution Crisis and Its Effects on Bicycle Couriers."

What the evidence reveals is that Toronto's air is not safe for bicycle messengers and the outdoor space of our City is a dangerous work place. Studies show there is no threshold level for smog where it can be deemed safe to breathe. Couriers spend all day outside working. Clean air is fuel for our engines. Smog not only makes it more difficult for us to work, but it also has drastic long-term consequences for our health. Smog has been shown to cause irritations in the lungs such as coughing and wheezing and breathing discomfort. It also aggravates lung infections, reduces the capacity of the lungs and promotes premature aging of the lungs. Air pollution is responsible for the large increase in asthma in recent years. It is also related to diseases such as bronchitis and pneumonia. Smog results in over 1,400 hospital admissions annually and it even leads to cancer and death.

According to the Ministry of Environment and the Ontario Medical Association (OMA), smog is responsible for at least 1,800 deaths in the Province every year and it may be as high as 6,000 deaths. The OMA has gone as far as declaring smog a public health crisis in the Province.

Convincing evidence also points to a need for tougher pollution standards. The current allowable levels of ozone and particulate matter are disturbingly high. Studies show that the ozone guideline is set at more than five times the limit needed to protect our health. The guideline for particulate matter is twice as high. New studies prove that diesel exhaust causes cancer but none of our governments have enacted new standards for diesel or diesel powered vehicles.

Although two out of three Torontonians believe their health has already been affected by pollution, and in fact respiratory problems rank as their biggest health concern, governments have yet to act. The provincial government has drastically cut environmental spending and withdrew all funding for public transit. Under the Harris government, Ontario has become a polluters' haven. Regulations necessary to ensure our health have been dismantled and the Province has even been accused of breaking its own pollution laws. There is overwhelming evidence that the Government of Ontario's record on air pollution is reckless and negligent. In fact, our government's policies have exacerbated the pollution problem rather than confronted it. The Province has made it easier for the two worst sources of pollution to increase. Its policies toward coal-fired power plants and motor vehicles have directly influenced the health crisis and increased the deficit. The Harris government ruined the much-delayed Drive Clean program, as it was found to be ineffectual and not much more than propaganda for an election campaign.

The City of Toronto's recent record on transportation is also deepening the crisis. The fare hike for public transit and the continued subsidy for motor vehicles will result in more smog and more health consequences for children, the elderly and bicycle couriers. Toronto's failure to address Air Quality Advisory days and vehicles that spew diesel exhaust, will have serious health implications for bicycle messengers including cancer and death.

The THC³ is calling for specific pollution exposure studies on bicycle couriers. We are perplexed that couriers have never been included in these studies and hope that this oversight was not intentional. We fear that even the new recommended pollution guidelines and standards will not be stringent enough to protect couriers, and we suspect there are many as yet undiscovered health risks attributable to pollution for bicycle messengers. It is imperative that individuals facing this level of health risk must be given as much information as possible. It's clear that there will be many messengers who will suffer greatly as a result of smog.

The Toronto Hoof and Cycle Courier Coalition will not allow its members to be the regions' canaries in the coal mine. Couriers are the most environmental friendly and energy efficient sector of society, yet we are exposed to the greatest environmental health risks. The THC³ has made specific recommendations for all governments to attack this crisis. At a minimum, Ontario must implement the recommendations made by the Province's 23,000 doctors. Failure to act will result in our determination to be compensated through the courts. Messengers whose health has been affected and families of messengers who pass on, will be encouraged to bring action against the major parties responsible for the unsafe level of contaminants in the air and the governments that permitted them.

1. Introduction

In recent years there have been many new compelling studies on the levels and effects of air pollution. At the same time there have been drastic cutbacks to the agencies responsible for the quality of this air. The purpose of this report is to examine the new evidence as it relates to bicycle and foot messengers in Toronto and what our governments are doing about it. Furthermore, as hosts of the second annual North American Cycle Courier Championships, June 5-6, 1999, The Toronto Hoof and Cycle Courier Coalition felt it necessary to inform participants as to the risks and dangers associated with Ontario's air.

Ontario's 23,000 doctors recently declared the quality of Ontario's air a "public health crisis" for all the Province's residents. This health crisis poses its greatest dangers to vulnerable groups such as children, the elderly and outdoor workers. The Toronto Hoof and Cycle Courier Coalition, representing Toronto's bicycle and foot messengers, is deeply concerned about the effects of smog and pollution on bicycle and foot couriers. We are troubled by our City's and our Province's immediate and future responses to this crisis. The Coalition points to the disturbing trend that the caretakers of our environment have allowed the outdoor space of our City to become a dangerous work place. They have ignored the overwhelming environmental, health and economic impacts and their consequences on both the Coalition's members and the region itself.

The Toronto Hoof and Cycle Courier Coalition maintains that Toronto City Council and the Government of Ontario have recklessly neglected the health and welfare of outdoor workers. New scientific studies show that there is no threshold level for ground level ozone or particulate below which no health effects are observed. This means that the health of bicycle messengers is constantly at risk.

The Province of Ontario continues to face many environmental challenges to which our governments have failed to respond. Ontario's deteriorating air quality and increasing car volume and dependence jeopardizes the health and quality of life of many of its residents, yet both the Province and the City continue to promote policies that exacerbate the crisis.

As Toronto's Environmental Task Force has noted that current public opinion polling reflects a growing awareness - and concern - for environmental issues. Two in three Toronto residents now believe that their personal health has been affected by environmental pollution. This is especially true of air quality: Torontonians view respiratory problems as the number one environmental concern for their health, even more so than cancer.

Recently the City of Toronto resurrected the subject of smoking, the quality of indoor air and the health effects of such air upon restaurant patrons and workers. City Councillors are taking steps to improve the quality of indoor air through legislation. The Province of Ontario launched a civil suit in U.S. courts against American tobacco manufacturers to recover health costs caused by cigarettes. It's time attention was directed at outdoor air. The Province acknowledges that at least 1,800 Ontario residents die every year due to the air pollution crisis yet the Province does nothing. Should we sue the Province for contributing to these deaths and damaging our health?

According to Toronto's Healthy City Office "after a smog day, 11-13 percent of hospital admissions are related to ozone." According to the Ontario Medical Association (OMA) about "1,400 hospital admissions each year in Ontario are caused by respiratory problems aggravated by particulate pollution." Smog is responsible for hundreds of thousands of illnesses in Ontario each year. In recent rankings Ontario was listed as the third worst region in North America for pollution. The Windsor-Quebec corridor (Southern Ontario) has the worst air quality in Canada. A national study determined that Toronto's air is the dirtiest of all major cities in Canada. "Virtually every Canadian is exposed to ozone levels that could kill, or at the very least, put them in hospital." Yet provincial and municipal authorities continue to implement policies that put the health of Ontario residents, (especially bicycle couriers) at greater risk.

The Province withdrew all funding of public transit and the Mayor of Toronto successfully campaigned for a hike in transit fares even though Toronto's transit system is the least subsidized system in North America. The provincial Minister of Transportation displays complete ignorance of the transportation problems faced by Toronto with statements such as "Toronto is too dependent on transit." The Mayor recently called upon all Torontonians to help clean up the City. At the same time it was announced that Toronto bought two new diesel powered street cleaners to help with the job. Diesel fuel is one of the dirtiest available and is notorious for its cancer causing agents. Uninformed statements and policies by elected officials demonstrate a complete neglect of our air quality and a lack of leadership in the region.

Ontario's "sulphur levels in gasoline and diesel are among the highest in the developed world at 579 parts per million (ppm) in gasoline and diesel fuels of 2620 ppm off-road. In the United States, President Clinton recently announced emission standards of 30 ppm for gasoline. California already has these emission standards. In Ontario, the provincial government has done nothing except cut our ability to protect our environment leading to a decline in our health and putting undue pressure on our health care system. It is clear that the current health care crisis facing Ontario is directly linked to the pollution crisis.

Unless our governments act quickly to address this health and environment crisis, vulnerable groups such as bicycle couriers will be left with no choice. Messengers will be forced to gain protection and recover the damages that they have incurred through the courts. The Toronto Hoof and Cycle Courier Coalition urges all groups representing those most at risk from smog, to document, compile and quantify damages to their members so that we all may recover our losses.

2. What is Smog and What Causes it?

The term "smog" comes from the words "smoke" and "fog" and it refers to the "chemical soup" that blankets the region mainly in the summer. The main components of smog include ground-level ozone, nitrogen oxides, volatile organic compounds (VOC's), carbon monoxide, sulphur dioxide and particulate matter (PM.) Smog is not emitted, it is formed generally on hot sunny days when the sun's heat causes a chemical reaction with nitrogen oxides and VOC's. This reaction results in the formation of ground-level ozone.

The major sources of the pollutants that make up smog are motor vehicles and coal-fired generating plants. Nitrogen oxides are emitted from the combustion of fuels, mainly from cars, buses, trucks and other transport vehicles but also from the coal-burning power plants that generates Ontario's electricity.

Particulate matter is tiny solid or liquid particles. They are also emitted from the combustion of fossil fuels especially diesel and gasoline engines and coal-burning power plants. They include particles from construction-related sites and dust. Most studies concentrate on particles less than 10 micrometres (PM₁₀) and less than 2.5 micrometres (PM_2.5). These tiny particles are inhaled deep into the lungs and remain there. These particles are so small that 2,000 of them could fit on the period at the end of this sentence. Other hazardous air pollutants may attach themselves to fine particles, increasing their toxicity.

About half of the pollutants attributable to smog in Ontario come across the Great Lakes from the United States.

3. Why are Couriers at Risk?

According to all studies on air quality, children are more at risk to the dangers of air pollution. Some of the reasons that children are more vulnerable to these health effects include the fact that they spend more time outdoors, breathe faster than adults do and are engaged in more physical activity outside. Bicycle messengers share these same risks and others. They too spend more time outdoors, breathe faster and engage in vigorous physical activity. Messengers have already lived through an entire childhood exposed to smog and its effects on their developing lungs. "Several studies have demonstrated that children living near major roadways have poorer lung function than those living in cleaner areas." There are no studies on bicycle messengers but it is reasonable to assume that they have suffered similar effects.

According to the Air Resources Board, most people spend less than two hours each day outdoors. Most bicycle couriers spend seven to nine hours each day outdoors working with about four to five hours per day in traffic. Our lungs are not more than about 10 feet from an exhaust pipe for most of the day. It is known that the closer an individual is to the source of pollution the greater their exposure to that pollution. All messengers are familiar with the taste, smell, and choking of traffic exhaust that is spewed directly into our lungs.

Messengers are outside at the time of day that is most dangerous, when the air quality is the worst. Much of the courier work involves a high level of physical exertion that requires a higher, more intense rate of breathing and a greater intake of air. As a result, bicycle messengers receive higher doses of pollution at greater concentrations and frequency.

Bicycle couriers work all day, year round in the midst of smog. Our lungs have minimal opportunity to recover from the effects of polluted air. We are chronically exposed to high doses of dangerously polluted air for long term, extended periods of time.

4. The Health Effects of Smog on Couriers

All of us have been affected by air pollution. Sometimes symptoms are displayed and sometimes they are not. The symptoms of the effects of pollution include coughing, wheezing, irritation in the airways, rapid or shallow breathing, discomfort when breathing or general discomfort in the chest. Individuals who are exposed to high levels of air pollution often find that their symptoms of smog exposure disappear over time. However, smog continues to cause lung damage even after the symptoms are gone. Chronic exposure to air pollutants can reduce lung function permanently.

Studies show that air pollution aggravates lung infections and reduces the body's ability to fight infection. Reduced lung function and increased lung inflammation results in reduced exercise capacity. Research has shown that "there is an association between increased lower respiratory tract disease (e.g., acute bronchitis, pneumonia), cardiac disease and air pollution." Asthma is much more serious when exposed to air pollution. Studies also show that "individuals may be affected by air pollution without displaying symptoms."

An autopsy study on 107 young accident victims, from the ages of 14 to 25, in Southern California, showed evidence of lung disease. The lungs of 104 of the 107 (97 percent), displayed signs of "chronic lung disease, including low-level bronchitis, chronic interstitial pneumonia, and an unprecedented rate of severe chronic inflammation of the respiratory bronchioles." Few of these subjects had shown any signs of breathing disorders before they died. One of the researchers commented that the subjects "had lungs of older people." Air pollution is highly suspected of causing premature aging of the lungs.

For sensitive individuals, any increase in air pollution, no matter how small, can cause underlying illnesses to become more severe. These effects may result in increased visits to a doctor or emergency room, an increase in medication use, admission to hospital, or even premature death.

The profession of a bicycle messenger is physically demanding. Most couriers are in excellent physical shape. However this does not protect us from the effects of smog. In a recent study 17 world class cyclists were exposed to varying levels of ozone while exercising. They became weaker, their endurance decreased by a third and their lung function by a quarter.

Other studies show "even healthy outdoor workers show a measurable decrease in lung function when exposed to low-levels of ozone." A study of berry pickers in the Fraser Valley of British Columbia revealed that "even for individuals living and working in areas of relatively low ambient ozone concentrations (13 to 84 parts per billion), ozone exposures were substantial enough to be associated with a decrease in lung function during the day." This impairment of the lungs continued until the next day even though symptoms were not displayed.

According to the Ontario Medical Association's review of research on pollution, individual reactions to pollution will vary depending on many factors. Some people are more sensitive than others are. Furthermore, a person's reaction depends on the level of pollution, the degree of exposure and the level of activity. Because couriers work outside, we have greater exposure. Repeated or chronic exposure leads to more health effects because "once an individual begins to react to a pollutant, this reaction becomes established and recurs with further exposures."

Evidence clearly demonstrates that long-term exposure to smog is not only associated with decreased lung function but also city specific mortality rates. A U.S. study, the "Harvard Six Cities Study", showed that mortality rates increase consistently with air concentrations of particles less than 2.5 micrometres (PPM_2.5) in size.

According to the World Health Organization, evidence is increasing for a link between childhood cancer and motor vehicle exhaust. It is believed that this may be due to benzene exposure. Benzene is a known carcinogen that is present in motor vehicle exhaust. The threat from benzene exposure to couriers is serious. It is likely that long-term exposure will result in the deaths of bicycle messengers due to cancer.

It is clear that smog kills and it is clear that the dangers of smog are among the greatest toward bicycle messengers who perform athletic endeavors outdoors, in the downtown core on a daily basis. Government standards are guidelines must protect against the chronic exposure that threaten bicycle couriers. Currently they are set to protect the risks from short-term episodes.

5. What is a Safe Level of Air Pollution?

Recent studies have determined that current standards for safe levels of air pollution are inappropriate. Current levels of pollution are "so lethal that even the lunchtime jogger may be taking chances by running outside," and there does not appear to be a threshold level for ground level ozone or particulate below which no health effects are observed.

A new federal study reported that ground level ozone is a health hazard at "concentrations less than one-fifth of the current federal guideline." It says, "statistically significant adverse health effects from ozone start at 15 parts per billion (ppb)." The current federal guideline is 82 ppb; for every increase in ozone of 10 ppb visits to the hospital increase 8.5 percent.

Another report on particulate matter determined that government standards for the microscopic particles are set at unsafe levels. Both PM₁₀ and PM_2.5 must be cut Province-wide to protect health. Ontario's current interim guideline for the PM₁₀ is set at 50 ug/m³ (micrograms per cubic metre) but the report states that both federal and provincial experts agree that a level of 25 ug/m³ is needed to protect human health.

The report also characterizes particulates as the "most critical health and environmental issue of the decade." However, spokesmen representing industries whose profit margin would be affected by such standards, are already complaining, sounding much like the tobacco companies of the 1980's. The Province's biggest polluters are upset that the scientific experts found the evidence "remarkable, robust and compelling."

In the United States, the Environmental Protection Agency recently modelled the concentrations of 148 hazardous air pollutants throughout the U.S. These airborne toxic agents, including benzene, formaldehyde, 1,3 butadiene and acetaldehyde, have received little attention in the current air quality crisis. When the Environmental Defence Fund (EDF) calculated the health risks of these air toxics, they found that most Americans faced an air pollution cancer risk that was 100 times higher than Congress' goal. For some Americans the risk was 1,000 times higher. Given that Ontario is the third worst region for pollution in North America, it is certain that Ontarians face similar, if not worse, cancer risks. For couriers this risk, at present, is incalculable.

The study pointed to motor vehicles as the major cause of the cancer risk. "The numbers show that cars, trucks, and small businesses tend to be responsible for much more of the air's toxicity than is generally recognized." Washington, D.C., showed a higher per-capita cancer risk than all of the 50 states, despite having no major industrial facilities. Motor vehicles were almost entirely responsible for its air toxics.

Over the last few years, more and more studies have concluded that the current guidelines and standards for virtually every kind of air pollutant are not tough enough to protect human health. The Toronto Hoof and Cycle Courier Coalition is adamant that emergency measures must be taken to protect our health. In fact for many couriers it may be too late. Eventually the health damage to messengers, from years of chronic exposure to these pollutants will be revealed. We are committed to recovering damages from every single government, corporation, and individual responsible for these unsafe levels of air toxics.

Health Canada, along with provincial and federal agencies, employs studies to monitor exposure levels to smog. Some of these studies involve the use of pollution-measuring devices carried by volunteers that enable researches to compare personal exposure levels measured at regional air monitoring sites. A personal exposure study of bicycle couriers is long overdue. The Toronto Hoof and Cycle Courier Coalition urges federal and provincial agencies to include messengers in such a study. We will advise our members to volunteer and we would offer any assistance for such a personal smog exposure study.

6. Diesel Exhaust Causes Cancer

In Toronto, bicycle messengers inhale diesel exhaust all day. It is everywhere. Most of the City's buses and trucks run on diesel. Diesel exhaust poses a major health hazard that can be linked to cancer, asthma, other respiratory diseases and death.

The reason diesel exhaust is so dangerous is because it "contains hundreds of constituent chemicals, dozens of which are recognized human toxicants, carcinogens, reproductive hazards, or endocrine disrupters. Diesel engine exhaust contains 100 to 200 times more small particles than gasoline engine exhaust." A study by the Health Effects Institute reported that "98 percent of diesel particles are less than 1 micron in size." Tiny particle matter are the most dangerous as they penetrate deep into the recesses of the lungs and remain there.

Recently, compelling studies have prompted many scientists to proclaim diesel a cancer-causing agent. Diesel exhaust has been "known to the State of California to cause cancer" since 1990. The National Institute of Occupational Safety and Health (USA) and the International Agency for Research on Cancer, both list diesel a "probable human carcinogen". California's independent panel of scientists "unanimously endorsed designation of diesel exhaust as a toxic air contaminant on April 22, 1998." In a July 31,1998 press release, the World Health Organization (WHO), proclaimed that "scientists attending the European Forum on Transport, Environment and Health, jointly organized by the European Regional Office of the World Health Organization and the Austrian Ministry for the Environment agreed that diesel exhaust contains a number of potential and proved carcinogens and contributes to the human lung cancer burden."

Many studies have shown that diesel exhaust causes mutations in chromosomes and damage to DNA, processes, which are believed to cause cancer. A study by the Natural Resources Defence Council (NRDC) and the Coalition for Clean Air, concluded individuals who work around heavy diesel truck traffic bear "a disproportionate burden of the health risks and are paying the price for our society's addiction to diesel engines." These groups, along with the Environmental Law Foundation, "intend to take their campaign to the courts, initiating a series of lawsuits under California's toxics initiative, Proposition 65."

"Short-term or peak exposures to diesel particulate matter, especially in urban settings such as "street canyons" are usually higher than monthly or annual average concentrations." Researchers have shown that "street canyons" between high buildings in cities can concentrate diesel exhaust levels to as high as 8.8 ug/m3 from light duty diesel vehicles alone. As a result, "we can expect high concentrations of diesel particles in urban streets where truck and bus traffic is high." In 1998, monitoring of urban streets by the NRDC and the Clean Air Coalition confirmed concentrations of diesel exhaust above 50 ug/m3 for a significant portion of the monitoring period.

The threat from diesel exhaust to messengers is serious. Professional bicycle couriers spend the entire workday riding the urban street canyons where the contaminants from diesel exhaust concentrate. Our exposure to unsafe levels of these air toxics is unacceptable. There exist no studies on bicycle messengers' exposure to diesel exhaust, but many other occupations at risk have been targets of studies.

There is overwhelming evidence from these studies of workers occupationally exposed to diesel exhaust revealing an increased cancer risk. Most of the over two dozen well-designed worker studies found lung cancer increases in those exposed to diesel exhaust for over a decade. This risk has nothing to do with smoking. "The occupational studies consistently demonstrate that exposure to diesel exhaust for ten years or more does significantly increase the human incidence of lung cancer, and possibly of bladder cancers."

The Environmental Protection Agency, the National Institute of Occupational Safety and Health, and the International Agency for Research on Cancer have all consistently agreed on the relationship between diesel exhaust exposure and lung cancer. Since cancers induced by diesel exhaust involve a latency period of a number of years between damaging exposure and development of cancer, and since risk increases with duration of exposure, many couriers face a serious risk of developing lung cancer in the future. This type of cancer is deadly. The prognosis for lung cancer is not good. Less than 14 percent of victims survive 5 years after diagnosis.

7. Air Quality Advisory Days

A Smog Alert or Air Quality Advisory (AQA) Day occurs when the Air Quality Index (AQI) reaches a level of 50 or greater. In the Province of Ontario this corresponds to an ambient air quality of 80 ppb for ground level ozone. Toronto's "Smog Alert Response Plan" for these days results in public advisories about the dangers posed by the air quality and the government recommends that Torontonians refrain from physical activity and long periods outdoors. Environment Canada advises people to reduce the amount of time spent outdoors and avoid exercise, particularly in the afternoon. Health and Welfare Canada suggests avoiding exercising near heavy traffic areas, at least during rush hour.

According to the best scientific advice, it is not safe for bicycle couriers to work on smog alert days. Furthermore, new studies have determined that the ambient air quality criteria should be set at least 25 ppb for ozone and not the current 80 ppb. Under this criteria, practically every day in Toronto qualifies as an "Air Quality Advisory Day" and the health and medical community would advise that it is never safe for bicycle messengers to work in Toronto.

Bicycle couriers don't have much choice. We must work on AQA days. Messengers are paid on a piece work basis. If we don't work, we don't get paid. Government agencies have made it impossible for couriers to stay home on days that are dangerous to our health.

Couriers work hard for every cent. We are forced to fight for our rights at every turn. Although messengers are employed by one company, these firms do everything they can to disguise the employment relationship. The International Labour Organization (ILO) has allowed employer representatives to prevent the ILO from agreeing on an international convention on disguised employment and contract labour. When it comes to the Employment Standards Act, the Ontario government is lax towards the messenger industry. We do not receive time off for lunch. There are no sick or extended health benefits. We don't receive payment for statutory holidays, overtime or vacation. Couriers don't receive employment insurance unless we go through a long process of fighting to be classed as employees and virtually all couriers are unaware of their rights or the process to achieve them. Although bicycle couriers are covered by Workers Compensation, it's kept a quiet secret and most couriers are informed to the contrary. We are charged for the use of our radios, pagers and phones even on days we cannot work.

Despite a court ruling that couriers can claim a portion of their food as a tax deduction for fuel, Revenue Canada continues to do everything in its power to disallow the deduction, depriving messengers of compensation for these costs. Canada Post fails to enforce the Canada Post Act, allowing courier companies to charge less than the legal limit. Since couriers' incomes are based on these charges, messengers must work longer and harder to make the same money we made years earlier.

It is apparent that government agencies make it much more difficult for messengers to stay home on smog alert days. If a courier did stay home and informed their company that the air was too dangerous to work, that messenger would likely be fired on the spot.

The Toronto Hoof and Cycle Courier Coalition points to the seriousness of this situation and stresses Air Quality Advisory Days present a pollution crisis that governments have failed to address. On these days the Province and the City must take important steps to offer incentives for cooperation by residents and impose serious penalties on polluters who cause environmental degradation.

According to the Government of Ontario's own 1998 "Smog Rover Reports" eight out of every ten cars contain only the driver. Since about 66 percent of Nitrogen Oxides (NOx) and about 93 percent of Carbon Monoxide (CO2) in the City comes from motor vehicles, the greatest opportunities to quickly improve smog involve targeting car usage and volume.

Other cities around the world have faced similar air quality problems and shown leadership in confronting them. In the fall of 1997, Paris, France, had a smog crisis for many days. They responded by passing legislation limiting cars in the city. On October 1, only cars whose license plate ended in an odd number were permitted to drive in the city. Cars with three or more passengers were also allowed. After limiting cars for one day the smog dissipated and the crisis ended.

The City of Tulsa, Oklahoma, responds to Ozone alert days by providing free transit service, which encourages residents to leave their cars at home. New Jersey recently announced a transit discount pass to be distributed on ozone alert days.

The Toronto Hoof and Cycle Courier Coalition urges Toronto City Councillors and their provincial counterparts to act quickly concerning Air Quality Advisory (AQA) days. There exist many feasible opportunities for legislators to consider including but not limited to:

(1) offer free transit on AQA days;

(2) reduce speed limits on all GTA highways and expressways on AQA days;

(3) ban all large diesel powered vehicles in the downtown core;

(4) establish car free zones in the regions most vulnerable to smog;

(5) limit the volume of cars permitted to enter the city by legislating emergency car pooling and preventing single occupancy vehicles from entering the downtown core;

(6) ensure that polluters pay for some of the damage they cause by charging user fees on certain roads (especially the Gardiner Expressway and the Don Valley Parkway) which would be increased on AQA days;

(7) introduce an environmental surcharge/tax on all parking tickets in the city (to help pay for the free transit); and

(8) double all fines for parking and environmental violations on AQA days.

Toronto must not only reaffirm a commitment to enforcement of its idling control by-law but it must amend the by-law to remove the exception on very hot days. The exception on cold days at least makes a little sense, as heat is a necessity for cars. However, air conditioning in cars is a luxury, not a necessity. Air conditioners damage the ozone layer and the hot days that are exempted by the by-law are the very days that qualify as AQA days.

The best solution for AQA days is for Toronto to reduce smog all year round. Proactive long-term reductions in traffic volume will ensure that Toronto has no AQA days to which emergency short-term reactions are necessary.

The Governments of Ontario and Toronto must make the health and safety of outdoor workers such as bicycle messengers a priority over the convenience of those who are more protected against the effects of smog.

8. Economic Impacts of Smog

Air pollution exacts many costs on the residents and taxpayers of Ontario: an estimated 1,800 to 6,000 deaths per year, the 1,400 hospital admissions per year, the increased cases of asthma and bronchitis, the lost work days, school days and the decline in quality of life for children, the elderly and outdoor workers. The costs of pollution are everywhere. Acid rain, crop damage, global warning, changing weather patterns and their associated costs, present an enormous burden on the taxpayers of the future.

According to Environment Canada the smog problem costs major Canadian cities about $10 billion annually. In Ontario it is estimated that damage to the ozone layer directly results in $70 million per year in crop damages. If Ontario acted on the OMA's recommendations to improve air quality, it could save taxpayers anywhere from $398 million to $1.2 billion in health care costs attributed to mortality and morbidity alone.

Motor vehicles cause many of the health costs related to smog. They also cost us in other ways too. The unchecked increase in car usage and volume has forced the Ministry of Transportation for Ontario (MTO) to spend $1.2 billion in the last two years just to maintain highway infrastructure. It is estimated that traffic congestion in the Greater Toronto Area (GTA) costs Ontario's economy $2 billion a year in time delays and reduced productivity. A 1997 study of 37 world cities "showed that cities with more balanced transportation systems are doing better economically than those that are more auto-dependent, where traffic congestion is undermining economic productivity."

There are additional costs to bicycle couriers. Messengers are paid by delivery. Our income is directly related to our output and our output is directly related to our health. If a messenger is sick that messenger does not get paid. The higher the smog levels the more stress and damage on the lungs of messengers. This means our bodies must work harder and it means we are unable to work as fast or as long as normal.

Bicycle messengers rely on their skills to keep them alert and safe in traffic. A recent study determined that Toronto's drivers are the worst in the country. Riding a bicycle in the midst of these drivers with inflamed lungs and coughing and wheezing can be dangerous. Smog increases the messengers' risk to injury from traffic.

By not addressing these problems and their causes, all levels of governments have amassed huge environmental and health care debts that future governments will be forced to repay with tax hikes. Vulnerable groups such as bicycle couriers, outdoor workers, asthmatics, children, the elderly and people with respiratory problems will certainly bring lawsuits in the future against governments and corporations as a result of their suffering.

In 1997, over 2,800 North American economists, including 300 Canadians, signed a statement acknowledging that many potential policies exist to reduce emissions for which the total benefits far outweigh the total costs.

Financial institutions, credit rating services and Ministers of Finance should consider these costs and the health and environment debt when making projections. Investors are at risk from the burden of these costs and the potential damages from lawsuits. Investors must be informed of this financial risk.

9. Who is Responsible?

Air pollution is caused from a variety of sources. The two worst sources are related to coal fired power plants and motor vehicles. These industries bear major responsibility for the damages caused by smog, but all levels of government (especially the provincial government) are equal partners in this crisis. The short sightedness and lack of vision by government demonstrates a complete void in leadership at the top levels from which all Ontarians will suffer.

The provincial government has the most jurisdiction over smog and it is this government that has failed its people the most. The ministries of health, transportation, energy, economic development and municipal affairs have avoided all opportunities to deal with the smog problem. The Ministry of Environment (MOE) has been gutted by a 40 percent budget cut and has ignored its own responsibility for air quality, relying on out of date guidelines that it hopes will lead to voluntary compliance by major polluters.

Ontario's current lack of leadership and neglect of air quality has provoked a threatened lawsuit. Environmental groups and the mother of an asthmatic child have demanded an independent investigator look into accusations that the provincial environment ministry is breaking its own pollution laws. "We knew the Harris government's air management program was unhealthy, but now we know it's also illegal," said Christine Elwell of the Sierra Club of Canada.

The Toronto Hoof and Cycle Courier Coalition notes that the Ontario government's deplorable record on the environment, left it vulnerable to such a lawsuit. We support the demand for an independent investigation and we are currently contemplating our own legal action against the provincial government.

The environment groups charge that:

by permitting air pollution levels which are killing Ontarians in the thousands, the MOE [is] in violation of the Environmental Protection Act (EP). Section 14 of the EPA states: "no person shall ... permit the discharge of a contaminant ... that causes or is likely to cause an adverse effect." The definition of "adverse effect" includes "an adverse effect on the health of any person", or "harm or material discomfort to any person". Section 20 of the EPA states: "This Act is binding on the Crown [i.e. the Government]".

Ontario Hydro (which is owned by the provincial government) is responsible for generating Ontario's electricity. Much of that electricity is generated by coal burning plants that emit many air toxics into the environment. Ontario Hydro's continued reliance on coal, resulted in a 60 percent to 70 percent increase in emissions since 1996. The Ontario government has plans to deregulate the Hydro industry allowing competition. However, the government has not planned any emissions caps. Without these caps companies will increase their reliance on cheaper coal generated electricity and emissions will continue to rise at the expense of the health and the health care system of Ontarians. Coal burning has been shown to be a dangerous method of generating electricity. In London in 1952, hundreds of people died in a few days because of the contaminated air caused by coal burning.

Our City and our Province are becoming more dependent on motor vehicles. This dependence causes the greatest damage to the quality of our air. Although today's vehicles are cleaner, they cause more pollution. The reason is usage. The number of licensed drivers in the Greater Toronto Area is reported to have doubled in the 1970's and 1980's. Governments and automobile manufacturers have done nothing to promote responsible use of motor vehicles.

The provincial government's policies have made it extremely difficult for Ontarians to use alternative methods of transportation. The Ontario government has abandoned all provincial funding for public transit. They have weakened land use regulations, which now encourage urban sprawl and decreased population density. These policies result in increased costs to provide public transit for municipalities while at the same time, place workers further from their places of employment. People have little choice but to drive their cars more often and further distances thereby increasing not only air pollution but also noise pollution and traffic accidents. The Ontario government also permits these cars to be propelled by the dirtiest gasoline in the developed world, with 579 parts per million (ppm) of sulphur; by comparison, California's standard is 30 ppm.

What Ontario has done is sue American Electrical Power (AEP) in the United States for the cross border pollution that is blown in to Ontario. However this move to "vigorously defend the air", (as Premier Harris claims), is laughed at by politicians, environmentalists and those in the power industry on both sides of the border. The Ontario government-owned Ontario Hydro emitted four times the U.S. legal limit of 1.5 pounds per mega-watt hour in 1998. In fact, Ontario Hydro was forced to buy electricity from AEP because it had reached its legally allowed emissions for the year. Ontario Energy Minister, Jim Wilson, expects Ontario Hydro's emissions to be worse in 1999. He recently approved measures to increase Hydro imports by 50 percent. AEP has to pollute Ontario's air just to produce the electricity that Premier Harris buys.

The Harris government's other example of environmental leadership is the much publicized Drive Clean program. It was delayed for a few years but finally began in April just in time for an election call by Harris. However the program only applies to Toronto and Hamilton at present. The Environment Commissioner of Ontario (ECO), in her 1998 annual report, states that the Drive Clean program will reduce "only a small amount of the smog-causing agents emitted by vehicles" and only if "identified weaknesses in the program are corrected."

The Government of Canada has the influence and the tools to improve air quality but it too lacks the will to act. The federal government promised to update the Canadian Environmental Protection Act six years ago but recently bowed to pressure from major polluters when they introduced the new changes. The Honourable Christine Stewart, the federal Minister of Environment, claimed "the object of the legislation is to protect environment and health. The object is not to put people out of business," admitting that the government allows death as a by-product of business. In addition, the federal government cut $234 million dollars (about one-third) from the Ministry of Environment's budget.

In his May 1998 annual report, the federal Commissioner of the Environment and Sustainable Development, Mr. Brian Emmett, condemned the Government of Canada for its failure to protect the environment. He noted that the government is not keeping its promises and that "vision and leadership are two essential ingredients for tackling environmental challenges." Unfortunately, these ingredients are lacking all levels of our government.

The City of Toronto generally points to other governments for its pollution problems but it must accept part of the responsibility. The City could have a major impact on how its residents use their motor vehicles, yet it does little. Because of the Province's cut backs, the Toronto transit system is in need of new funding. The Mayor of Toronto recently campaigned very publicly for an increase in transit fares as the solution. The Toronto Transit Commission (TTC) is the least subsidized system in North America; users pay a greater share of the cost. However, the new fare increase will result in decreased ridership and increased pollution by motor vehicles. The THC³ finds the Mayor's position to be hypocritical and cowardly. The use of motor vehicles is the most heavily subsidized means of transportation, yet Mayor Lastman failed to support a more user pay system for cars.

Toronto must implement user fees for major expressways with the revenue directed toward funding the TTC. Car usage is the most serious pollution problem because it is so inexpensive and subsidized by property taxes. User fees would steer some drivers to transit making the system more financially secure and improving the air quality at the same time.

Making less space available for parking will also affect how many people drive. Toronto is filled with parking lots. It is disheartening to constantly watch classic architecture demolished in favour of new parking lots. Less parking spaces would mean a greater cost to park that would encourage drivers to choose other transportation options.

Although government has failed in its responsibilities to protect our air, it does not relieve industry from its own responsibility. Even though oil companies are legally permitted to produce gasoline with a sulphur level of 579 ppm, scientific evidence proves that this level is not safe enough to protect us. Oil companies bear a moral obligation to produce a safe product. The THC³ is convinced that this obligation would be upheld in the courts, leaving oil companies to pay for the damages caused by their neglect.

Automobile manufacturers also have a moral obligation. Although emissions systems have improved, they break down. Automobile manufacturer's are aware that car usage and dependence is the most serious pollution problem in urban environments yet they promote policies that make other modes of transportation less effective. The Consumer Response Council recently handed down a decision that resulted in General Motors (GM) pulling a television advertisement that was deemed to be "a demeaning... derogatory portrayal" of an identifiable group. GM referred to "lunatic couriers" in the advertisement. Automobile manufacturers flood urban environments with more cars than is safe. The auto industry knows that the sheer volume of the cars in urban areas means that the air will not be safe for vulnerable groups such as bicycle couriers. These "negligent marketing practices" cannot be tolerated. The THC³ believes that the auto industry must be held accountable for the damage that their products cause when the users of those products are merely using them in the way that the manufacturers encourage them to be used.

10. Conclusions and Recommendations

The Toronto Hoof and Cycle Courier Coalition recognizes that air pollution is a complex problem that requires many groups working together to find long-term solutions. Furthermore, all levels of government must rediscover their missing leadership and vision in dealing with these problems. The caretakers of Ontario's air have been reckless and negligent with this vital resource. Air pollution is a health crisis for all of Ontario that has serious implications for the environmental, health care and financial systems in the Province. Failure to act quickly to protect the health of Ontarians will expose our governments, corporations and economy to unacceptable financial risk from extraordinary lawsuits and increased expenditures. Our governments must move away from voluntary measures on air pollutant emissions toward a system of standards with strict enforcement.

Credit rating institutions should consider government and corporate "health debt" and "environmental debt", as these debts represent a financial risk to investors that must be considered. Exposure to possible lawsuits as a result of government and corporate environmental records must also be publicized.

The last few years has seen study after study point to the interconnectedness of smog and health, yet all levels of government find it easier to do nothing than to act on overwhelming evidence. As our population ages it becomes more vulnerable to the health effects of smog and more studies will show an increase in both mortality and morbidity due to air quality. One of the key findings by the Ontario Medical Association in its recent report is that this health crisis is "preventable."

More information about air quality must reach the public. More monitoring stations and more accurate monitoring stations are needed. Environment Canada, the Ontario Ministry of the Environment and media outlets must develop and publicize accurate and meaningful "Smog Forecasts" so that Ontarians may be informed of air quality.

Every year asthma in children increases, new and stronger viruses infect our lungs and every year our lungs are exposed to more toxins in the air. Our lungs' ability to fight these risks is diminishing at a time when new evidence points to unsafe air quality guidelines.

For bicycle couriers the crisis is more extreme; our exposure is chronic and excessive. New evidence confirms that diesel exhaust causes lung cancer and the street canyons where messengers work are the most dangerous areas, yet Toronto has done nothing to protect messengers' lungs from lung cancer. The THC³ urges Toronto to ban large diesel vehicles from these street canyons downtown on weekdays.

Both the Toronto City Council and the Government of Ontario must move to end subsidies to motor vehicle transportation. Large and small motor vehicle users must pay a more realistic share of their full costs. User fees or road pricing must be used to pay for the "capital, operations and maintenance costs of road infrastructure, including bridges, tunnels, and restricted access highways." These fees should also cover the full costs of the roads including emissions, accidents and congestion. For this reason the provincial government must allocate a portion of the gasoline tax collected in Toronto to public transit.

The Government of Ontario must begin to listen to its people. The Toronto Hoof and Cycle Courier Coalition recommends that the Government of Ontario implement the recommendations from the Ontario Medical Association Position Paper on Ground Level Ozone:

(1) More stringent sulphur and nitrogen oxide emission limits should be enacted, including a Province-wide SO2 reduction of 75 percent from current cap levels, and a maximum allowable NOx emission limit of 6,000 tonnes annually from Ontario Hydro;

(2) New transportation sector emission limits should include California-level standards for light and heavy-duty vehicles, reductions from off-road engines, an expanded vehicle inspection and maintenance program, and tougher standards for sulphur-in-fuel content;

(3) The USEPA Administrator should be petitioned under Section 115 of the U.S. Clean Air Act to require reductions in U.S. emissions of SO2 and NOx which damage the health of Canadian residents and their environment; and

(4) Physicians should advise patients about the risks of smog exposure, should support more health effects research on air pollution, and should advocate the development of air pollution-related health education materials.

Until our governments find the courage to lead, the THC³ urges all bicycle couriers in the Province to visit the hospital emergency departments at the slightest sign of breathing difficulty. On AQA days it is recommended that all couriers go to emergency for treatment. Couriers should also inform emergency staff to do thorough exams as damage to the lungs occurs even when no symptoms are present.

Messengers should keep a detailed record of their health and the effects of smog upon it. Future lawsuits will require good evidence to ensure that couriers are adequately compensated not only for damages incurred but also for the unacceptable risk to which industry and government exposed us.

The THC³ recommends that government and private health agencies incorporate bicycle messengers in a personal exposure to pollution study. Information gathered from such a study would not only benefit bicycle couriers but also all Ontarians. It is expected that the data would shed light on what new dangers chronic exposure to various pollutants hold. Messengers are a diverse group with varied levels of time in the profession. We represent many different lifestyle choices with some varying levels of fitness.

All groups at risk must work together to document and quantify damages so that future lawsuits may be undertaken to recover those damages from the major polluters and reckless legislators.

The Province of Ontario and the City of Toronto have effectively made bicycle couriers the "canaries in a coal mine" concerning smog. The serious exposure to damages caused by these policies are intolerable and have left taxpayers vulnerable to class action lawsuits in the future, unless they act quickly to remedy the situation. We look forward to sincere commitments by all levels of government to address this crisis.

Insert Table/Map No. 1

Toronto's Summer of Smog 1999 - so far

The following persons appeared before the Planning and Transportation Committee in connection with the foregoing matter:

- Wayne Scott, Member, Toronto Hoof and Cycle Courier Coalition;

- Joe Hendry, Toronto Hoof and Cycle Courier Coalition; and

- Joan Doiron, Co-chair, Toronto Pedestrian Committee.

The Planning and Transportation Committee also had before it the communication (September 12, 1999) from Joan Doiron, Co-chair, Toronto Pedestrian Committee, and a copy thereof is on file in the office of the City Clerk.

(City Council on September 28 and 29, 1999, had before it, during consideration of the foregoing Clause, the following report (September 21, 1999) from the Secretary, Board of Health:

The Board of Health reports, for the information of Council, having:

(1) endorsed the actions of the Planning and Transportation Committee at its meeting of September 13, 1999, in considering the recommendations of the Toronto Cycling Committee with respect to the report from the Toronto Hoof and Cycle Courier Coalition;

(2) supported the Toronto Hoof and Cycle Courier Coalition in making a request to the Ontario Medical Association to include research on the occupational health effects of smog among couriers in its research on the health impacts of air pollution; and

(3) requested the Commissioner of Works and Emergency Services to submit a report to the Board on providing a bicycle network system across the City.

Background:

The Board of Health on September 21, 1999, had before it a communication (July 22, 1999) from the City Clerk advising that the Toronto Cycling Committee at its meeting on July 19, 1999, had before it a report from the Toronto Hoof and Cycle Courier Coalition, headed "Choking Us to Death: The Air Pollution Crisis and its Effects on Bicycle Couriers" (May 1999); and requesting the Board of Health to:

(1) invite representatives of the Toronto Hoof and Cycle Courier Coalition, and any other interested representatives of the courier industry, to make a presentation to the Board respecting the report of the Coalition; and

(2) participate in assisting the Coalition in research on the impact of smog on the health of workers in the courier industry.

The Board of Health was also verbally advised by Mr. Lee Zaslofsky, a Member of the Board, of the action taken by the Planning and Transportation Committee at its meeting of September 13, 1999, with respect to the report from the Toronto Hoof and Cycle Courier Coalition.

Mr. Joe Hendry, Chair, Canadian Coalition on Gun Control, appeared before the Board of Health in connection with the foregoing matter.)

4

Year 2000 Licence Fees

(City Council on September 28 and 29, 1999, amended this Clause by adding thereto the following:

"It is further recommended that:

(1) in the review and clarification of the by-law currently being undertaken, provision be made for volunteer auctioneers representing charities to be exempted from the by-law;

(2) gender neutral language be used in the By-law;

(3) the Acting Commissioner of Urban Planning and Development Services be requested to submit a report to the November 1, 1999 meeting of the Planning and Transportation Committee on the merit of licensing acupuncturists; and

(4) the Acting Commissioner of Urban Planning and Development Services be requested to submit a report to the Planning and Transportation Committee on the feasibility of re-establishing a licence fee equalization fund to facilitate the cost recovery model, and the possibility of building a by-law enforcement program into the cost recovery model for licensing.")

The Planning and Transportation Committee recommends the adoption of the following report (August 27, 1999) from the Acting Commissioner of Urban Planning and Development Services subject to amending the schedule titled "Taxicab Owners - For Original Licence" in Appendix 1 attached thereto, by deleting the words "When issued to a cab driver on the waiting list" under Column 1, and deleting the corresponding amount of $5,965.00 under Column 2.

Purpose:

To establish Licence Fees, new and renewal, for the period from September 30, 1999 through to December 31, 2000.

Financial Implications and Impact Statement:

Based on model predictions, the Licensing component of the Municipal Licensing and Standards Division (Taxi Unit and Business and Trades Licensing) will operate on a cost recovery basis, as allowed by law.

Recommendations:

It is recommended that:

(1) Council approve the attached proposed schedule of licence fees (Appendix 1); and

(2) the appropriate City officials be authorised and directed to take the necessary action to give effect thereto.

Background:

In order to accomodate renewal of various licences, fees are set anually in advance of budget, and in recognition of the schedule for renewals.

Discussion:

In order to established licence fees for the year 2000 we have reviewed and tested the model which was last reviewed in 1993 by the Chief Administrative Officer of the former Municipality of Metropolitan Toronto who found it to be "a reasonable procedure of estimation of unit cost by licence category on a full cost recovery basis."

The most recent verification, carried out by Price Waterhouse Coopers identified a few required formulae adjustments. However their finding as that "The current review of the methodology has confirmed that the theoretical model is reasonable for use in developing a rate recommendation for 2000." Upon running the model, including removal of charges for rental accomodation and including imputed rent for City owned accomodation occupied by Licensing staff, it has been determined that, within reasonable tolerances and recognizing directions of past Councils with respect to adjustments within categories, the fees for the year 2000 should be the same as for 1999.

There are significant changes ongoing within the Taxi Unit. In the belief that matters would be fully resolved by mid year 1999, fees for taxi categories were set for part year, until September 30, October 28, and November 15, 1999. Changes are not fully implemented , and we are recommending that fees for that category be set at the annualized 1999 rate with the expiry dates being set one year from the 1999 expiry dates. The renewal rate for taxicab owners would be reduced by $25.00, in recognition of the charge for emission testing which was not carried out following clarification that we could not require such testing as it fell beyond our mandate. The same $25.00 reduction would be applied to renewals for livery cab owners, driving school owners and driving instructors with cars, where the same charge had been built into 1999 rates.

The only other change in the fee schedule would be the addition of a renewal fee of $45.00 for Holistic Centres and Holistic Practitioners.

Initial review has indicated that the probable issuance fee for an Ambassador Cab licence will be in the order of $1200.00, with a renewal rate in the order of $600.00. A further report will be submitted to confirm those rates and include them in the Schedule.

We will be reporting at a later date on a plan for a comprehensive review of the Licensing By-law, which will include development of an updated fee generation model.If for no other reason, a new model will be necessary to reflect the impact of the new structure developed to better administer and enforce all licensing matters.

Conclusions:

Licensing fees should remain at 1999 levels with some minor adjustments to reflect portions of fees charged for emission testing, and to add renewal fees for Holistic Centres and Holistic Practitioners.

Contact Name:

Harold Bratten

Acting Executive Director, Municipal Licensing and Standards

392-8768

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Appendix 1

Relating to Annual Fees for Licences

Column 1 Column 2 Column 3

Description of Licence Fee $ Expiry Date

Adult Entertainment Parlours: March 31^st or

Owner who does not operate his September 30^th: no

own adult entertainment parlour: such licence to be

up to six months 1,658.00 issued for a period

for renewal 1,609.00 longer than 6 months

Owner who operates his own adult March 31^st or entertainment parlour: up to six months 3,315.00 September 30^th: no for renewal 3,217.00 such licence to

be issued for a

period longer than 6

months

Operator at an adult entertainment parlour: up March 31^st or

to six months 1,658.00 September 30^th: no

for renewal 1,609.00 such licence to be

issued for a period

longer than 6 months

Attendant at an adult entertainment parlour 186.00 September 30^th

for renewal 85.00 September 30^th

Auctioneers and other person selling or putting

up for sale goods, wares, merchandise or effects

by public auction:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

Bake Shop:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Barber Shops:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Billiard Parlours:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Bill Posters, Advertising Sign Painters, Bulletin

Board Painters, Sign Posters:

for initial licence 169.00 December 31^st for renewal 68.00 December 31^st

Bill Distributors:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

Boats - Keepers of, for hire:

for initial licence - first boat 143.00 December 31^st

for renewal 45.00 December 31^st

Body-rub Parlours:

Owners

for initial licence 3,289.00 September 30^th

for renewal 3,191.00 September 30^th

Operator:

for initial licence 3,289.00 September 30^th

for renewal 3,191.00 September 30^th

Owner/Operator

for initial licence 6,577.00 September 30^th

for renewal 6,381.00 September 30^th

Person other than a licenced Owner or

Operator performing, offering or soliciting

body rubs in, at or upon a body-rub parlour

for initial licence 186.00 September 30^th

for renewal 85.00 September 30^th

Bowling Alleys:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Cabs:

Taxicab Drivers

for initial licence 442.00 September 30^th

for renewal 96.00 September 30^th

Taxicab Owners - for original licence:

When issued to a cab driver on the For Plate

waiting list 5,965.00 Nos. 1-1399,

fee payable on the sale of taxicab 3,763.00 September 30^th

when issued to a cab owner on a For Plate Nos.

waiting list 5,965.00 1400-2799,

for renewal 871.00 October 28^th; and

For Plate

Nos. 2800

and higher,

November 15th

Livery Cab Owners:

for initial licence - first vehicle 440.00 December 31^st

for each additional vehicle 407.00 December 31^st

for renewal 370.00 December 31^st

Livery Cab Drivers:

for initial licence 177.00 December 31^st

for renewal 95.00 December 31^st

Cigars or Cigarettes or Tobacco:

for initial licence 163.00 December 31^st

for renewal 65.00 December 31^st

Collectors of Second-hand Goods:

for initial licence 117.00 May 31^st

for renewal 47.00 May 31^st

Drain Contractors:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

Drain Layers:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

Driving Schools:

to carry on the business of teaching persons

to operate motor vehicles:

With a vehicle:

for initial licence 283.00 September 30^th

for renewal 201.00 September 30^th

For each additional vehicle

For initial licence 234.00 September 30^th

For renewal 201.00 September 30^th

Without a vehicle:

for initial licence 242.00 September 30^th

for renewal 160.00 September 30^th

For each instructor employed in such business:

With a vehicle:

for initial licence 283.00 March 31^st

for renewal 201.00 March 31^st

For each additional vehicle:

for initial licence 234.00 March 31^st

for renewal 201.00 March 31^st

Without a vehicle:

for initial licence 242.00 March 31^st

for renewal 160.00 March 31^st

Electricians:

Electrical Contractor:

for initial licence 201.00 April 30^th

for renewal 64.00 April 30^th

Master Electrician:

for initial licence 201.00 April 30^th

for renewal 64.00 April 30^th

Maintenance Master Electrician:

for initial licence 201.00 April 30^th

for renewal 64.00 April 30^th

Exhibitions, Shows, Places of Amusement Theatres

And Otherwise:

Places of Amusement

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Circus when held in a place not licensed

under this by-law:

for each day of operation 143.00

for renewal 45.00

Carnival:

up to 3 attractions or rides 143.00

for renewal 45.00

4 or more attractions or rides 143.00

for renewal 45.00

Moving Picture Theatres, Theatres,

Music Halls and Concert Halls:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Public Halls:

for initial licence 183.00 December 31^st

for renewal 85.00 December 31^st

Foodstuffs:

for each place where foodstuffs intended

for human consumption are made for sale,

offered for sale, stored or sold

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Hairdressers' Shops:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Hawkers, Peddlers and Salesmen:

with a motor vehicle or horsedrawn vehicle:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

with a push cart or on foot:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

for a helper on vehicle aforesaid:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Heating Contractor:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

Master steam and hot water heating installer:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

Master warm air heating installer

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

Holistic Centre Owners:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Holistic Practitioners:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Horsedrawn Vehicles used or kept for hire for

the purpose of providing sightseeing tours:

for initial licence - first vehicle 117.00 March 31^st

for each additional vehicle 68.00 March 31^st

for renewal - each vehicle 47.00 March 31^st

Drivers:

for initial licence 117.00 March 31^st

for renewal 47.00 March 31^st

Insulation Installer:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

Laundries:

for each licence for a laundryman

for each licence to a person who owns

or operates a laundry:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Meat - Vendors of:

to sell fresh meat, other than horse meat,

in quantities less than the quarter carcass:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

to sell fresh fish:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

to sell horse meat only, in quantities less

than the quarter carcass:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Motor Vehicle Racing:

to engage in racing of motor vehicles

or motorcycles or holding motor vehicle

or motorcycle races 143.00 December 31^st

for renewal 45.00 December 31^st

Motor Vehicles - Used for Hire:

Drivers:

for initial licence 142.00 December 31^st

for renewal 36.00 December 31^st

Motor Vehicles - Used for Hire:

Owner of drive-self rental car:

for initial licence 117.00 December 31st

for renewal 47.00 December 31^st

Owner of drive-self motorcycle:

for initial licence 117.00 December 31^st

for renewal 47.00 December 31^st

Owner of drive-self rental motor scooter:

for initial licence 117.00 December 31^st

for renewal 47.00 December 31^st

Owner of drive-self rental snowmobile:

for initial licence 117.00 December 31^st

for renewal 47.00 December 31^st

Old gold, other Precious Metals and Old Jewellery:

Dealers therein

for initial licence 143.00 May 31^st

for renewal 45.00 May 31^st

Pawnbrokers:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Pedicab Owners:

for initial licence - first vehicle 441.00 March 31^st

for each additional vehicle 382.00 March 31^st

for renewal - each vehicle 371.00 March 31^st

Pedicab Drivers

for initial licence 132.00 March 31^st

for renewal 69.00 March 31^st

Pet Shops:

to keep a shop or place where animals or birds

or both are sold or kept for sale:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Plumbers:

Plumbing contractor:

for initial licence 217.00 December 31^st

for renewal 70.00 December 31^st

Master Plumbers:

for initial licence 217.00 December 31^st

for renewal 70.00 December 31^st

Maintenance master plumber:

for initial licence 217.00 December 31^st

for renewal 70.00 December 31^st

Person who for hire or gain, and proprietary

Clubs having or keeping one or more Billiard,

Pool or Bagatelle Tables:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Public Address systems:

To own or operate a public address system,

Sound equipment or similar device:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Public Garages:

Including automobile service stations:

for initial licence 186.00 December 31^st

for renewal 88.00 December 31^st

Refreshment, Places of

for each place for the reception or

entertainment of the public, other than

a standard hotel

for initial licence 183.00 December 31^st

for renewal 85.00 December 31^st

Refreshment Vehicles:

for initial licence - first vehicle 317.00 March 31^st

for each additional vehicle 268.00 March 31^st

for renewal - each vehicle 247.00 March 31^st for each driver of a refreshment vehicle:

for initial licence 107.00 March 31^st for renewal 56.00 March 31^st

for each assistant on a refreshment vehicle:

for initial licence 107.00 March 31^st

for renewal 56.00 March 31^st

Renovators:

Building renovators

for initial licence 204.00 December 31^st

for renewal 92.00 December 31^st

Chimney repairmen

for initial licence 204.00 December 31^st

for renewal 92.00 December 31^st

Building cleaners:

To carry on business as a building cleaner:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

for each building cleaner employed in such

business:

for initial licence 169.00 December 31^st

for renewal 68.00 December 31^st

School bus drivers:

for initial licence 117.00 December 31^st

for renewal 47.00 December 31^st

Second-hand goods and shops, salvage shops,

Salvage yards and dealers

for initial licence 143.00 May 31^st

for renewal 45.00 May 31^st

Special Sale:

for each $1,000.00 of cost price to owner

for initial licence 11.00 30 days from date

for renewal 3.00 of issue

additional 30 days

Swimming Pool or Public Bath:

for initial licence 143.00 December 31^st

for renewal 45.00 December 31^st

Taxicab Broker:

for initial licence 78.00 September 30^th

for renewal 31.00 September 30^th

Tow Trucks:

Owners:

for initial licence - first vehicle 444.00 June 30^th

for each additional vehicle 395.00 June 30^th for renewal 374.00 June 30^th

Drivers:

for initial licence 272.00 June 30^th

for renewal 190.00 June 30^th

Trailer Camp:

Per month per lot 21.00

Trailer:

for a trailer kept elsewhere than in a

trailer camp for 30 days or longer in any

year - per month 20.00

Transient Traders:

In cities and towns 501.00

persons who offer goods, wares

or merchandise for sale by auction or

otherwise, who are not on the assessment

roll for business assessment for the current

year or are on it for the first time

for initial licence 143.00

for renewal 45.00

persons other than those included a sum computed by

in the next two previous categories reference to the tax on

who, after the return of the assessment such business assessment

roll, commence to carry on business in which the person would

premises in respect to which they are be required to pay for the

liable for business assessment current year in respect to

the said premises in which

he has commenced business if

he had been previously assessed

and made liable for such tax, and

shall be either one-half the amount

of such tax for the whole year or

proportionate part of the same year

after he commences business

whichever is the greater

Provided that the fee to be paid by a farmer

resident in Ontario who offers for sale only

the produce of his own farm, shall be 5.00 December 31^st

Victualling House:

for victualling house, ordinary or place where

fruit, fish, oysters, clams or vituals are sold to

be eaten therein

for initial licence 183.00 December 31^st

for renewal 85.00 December 31^st

5

Other Items Considered by the Committee

(City Council on September 28 and 29, 1999, received this Clause, for information.)

(a) Organizational Structure for the New Committee of Adjustment.

The Planning and Transportation Committee reports having:

(1) referred Recommendation (2) to (6) of the report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services and the following motions to Community Councils for review and comment to the Planning and Transportation Committee for its November 1, 1999 meeting:

By Councillor McConnell:

"That Recommendation 2(iii) of the report (August 26, 1999) be amended to clarify that it is the Committee of Adjustment that appoints a City-wide Chair, so as to read:

'2(iii) the Committee of Adjustment appoint a City-wide Chair to provide leadership for the Committee and each Panel appoint a District Chair to guide the process at the local level'; and"

By Councillor Berger:

"That the membership of the Committee of Adjustment consist of 5 members, chaired by the Secretary-Treasurer."

(2) requested the Acting Commissioner of Urban Planning and Development Services to report to the next meeting of the Planning and Transportation Committee on October 4, 1999, and to the Community Councils, if possible:

(a) with a compilation of sample staff reports utilized by each of the Committees of Adjustment for review by the Planning and Transportation Committee with a view to recommending a standard format;

(b) on how the process could be structured to allow for evening meetings where requested;

(c) on a "bump-up" provision for evening meetings made at the request of a City Councillor;

(d) on the right of a City Councillor to defer a hearing for additional community input;

(e) on amending the second "Basic Qualification for Appointment to the Committee of Adjustment" contained in Appendix 3 of the report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services by deleting the words "and/or municipal property taxpayer in", so as to read:

"Any person applying for appointment shall be, and must maintain status throughout their term of office as:

- a resident of the City of Toronto

- a Canadian citizen or landed immigrant

- at least 18 years of age"; and

(f) on a Committee of Adjustment fee increase to accommodate for an increase in the membership of the panels, as follows:

- north, east and west panels to 7 members with 5 members sitting per session; and

- south district panel to 9 members; and

(3) requested the Acting Commissioner of Urban Planning and Development Services to give a presentation on the organizational structure for the new Committee of Adjustment when it considers this matter and the comments from the Community Councils.

(August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services recommending an organizational structure for a new city-wide Committee of Adjustment, as requested by City Council prior to proceeding with the nomination process and subsequent appointments, advising that the City Solicitor will submit the draft enabling by-law which is required by the Planning Act, and recommending that:

(1) this report be referred to the Community Councils for review and comment to the Planning and Transportation Committee for its November 1, 1999 meeting;

(2) Council approve the following structure for the new Committee of Adjustment for the City of Toronto:

(i) the Committee operate as four District Panels corresponding with the four geographic Districts through which City Planning services are delivered;

(ii) the Committee comprise a total of 22 members assigned and nominated as follows:

North District: 5 members all nominated by North York Community Council;

South District: 7 members all nominated by Toronto Community Council;

East District: 5 members 2 nominated by East York Community Council; and

3 nominated by Scarborough Community Council;

West District: 5 members 2 nominated by York Community Council; and

3 nominated by Etobicoke Community Council;

(iii) the Committee appoint a city-wide Chair, to provide leadership for the Committee and each Panel appoint a District Chair to guide the process at the local level;

(iv) each Hearing be conducted by three of the respective District Panel members, the sitting members to be assigned on a rotational basis;

(v) each Committee Hearing be held during regular business hours; and

(vi) the Committee's four District Panels conduct Hearings in the following four locations: Toronto City Hall and the North York, Scarborough and Etobicoke civic centres;

(3) the City Solicitor be requested to prepare a by-law for presentation to and approval by City Council to constitute one Committee of Adjustment for the City of Toronto and to delegate approval authority to hear applications for minor variance/permission and for the creation of new lots by consent, as permitted by the Planning Act;

(4) City Council direct the City Clerk's Division, Corporate Services Department to commence the process for nominations by the Community Councils;

(5) the Committee of Adjustment, when constituted, be requested to appoint the City Planning Executive Director/Chief Planner or delegate(s) as its Secretary-Treasurer; and

(6) the Acting Commissioner of Urban Planning and Development Services submit a report to City Council, at the beginning of its next term, evaluating the new Committee of Adjustment's organizational structure.

(b) Tenant Defence Fund.

The Planning and Transportation Committee reports having:

(1) referred the report (August 24, 1999) from the Chair and Members of the Sub-Committee to Restore Rent Control to the Commissioner of Community and Neighbourhoods Services, with a request that she report thereon, in consultation with the Chief Financial Officer and the Acting Commissioner of Urban Planning and Development Services, to the Planning and Transportation Committee's next meeting on October 4, 1999 for subsequent submission to the Policy and Finance Committee at its October 14, 1999 meeting and thereon to Council for its October 26, 1999 meeting; and

(2) requested the Commissioner of Community and Neighbourhood Services to develop various scenarios as to how the needs, as outlined in the report from the Sub-Committee to Restore Rent Control, can be staffed and fulfilled, identify the level of cost in responding to these needs and define the term 'unreasonable "above-guideline" rent increases' referred to in the Sub-Committee's report.

(August 24, 1999) from Councillor Michael Walker, Chair, Sub-Committee to Restore Rent Control requesting that the Planning and Transportation Committee endorse the Sub-Committee to Restore Rent Control's recommendation to establish a Tenant Defence Fund, in principle, to assist tenants and tenant associations in opposing unreasonable "above-guideline" rent increases, and recommending that:

(1) the Planning and Transportation Committee recommend to City Council the establishment of a Tenant Defence Fund, in principle, that would provide assistance to tenants and tenant associations wishing to oppose unreasonable "above-guideline" rent increases at the Ontario Rental Housing Tribunal;

(2) this fund be used to hire on an on-going basis;

(a) two tenant consultants/organizers who could assist tenants in effectively organizing and presenting their case at the Ontario Rental Housing Tribunal hearings; and

(b) one construction engineer/consultant who could testify as an expert, on behalf of the tenants at Ontario Rental Housing Tribunal hearings; and

(3) the Planning and Transportation Committee request the appropriate city staff to develop an implementation strategy for the Tenant Defence Fund giving consideration to:

(a) options such as hiring the required staff internally to work in the Shelter, Housing Support Division; issuing a Request for Proposal to solicit individuals outside the corporation; or, involving the Federation of Metro Tenants' Association; and

(b) establishing a system and criteria for managing the Tenant Defence Fund, including the possibility of providing intervenor funding to groups needing assistance.

(c) Parkdale Deck - Status Report (Wards 19 & 20 - High Park and Trinity-Niagara).

The Planning and Transportation Committee reports having received the report (June 30, 1999) from the Commissioner of Urban Planning and Development Services and forwarded same to the Official Plan Reference Group and the Toronto Olympic Committee for comment.

(June 30, 1999) from the Commissioner of Urban Planning and Development Services providing background and comment on the Parkdale Deck proposal and recommending that this report be received for information.

(d) Retirement and Lodging Homes.

The Planning and Transportation Committee reports having:

(1) endorsed the recommendations of the Community Services Committee as outlined in the attached communication (September 9, 1999) from the City Clerk, subject to amending Recommendation 1(a)(8) by adding the words "through the Budget Advisory Committee" after the words "Policy and Finance Committee", so as to read:

"1(a)(8) the funding implications of a longer-term solution be subject to a report to the Policy and Finance Committee, through the Budget Advisory Committee, for consideration with the year 2000 Operating Budget process; and"

and requested that notice of its endorsement be forwarded to the Policy and Finance Committee for consideration at its September 16, 1999 meeting; and

(2) requested the City Solicitor to report to the Planning and Transportation Committee for consideration at its next meeting on October 4, 1999 on:

(a) appropriate draft by-laws which would extend, to the newly amalgamated City of Toronto, the enforcement powers that presently exist in the former Cities of Toronto and Etobicoke with respect to the Personal Care Rooming House By-law and the Lodging Houses By-law; and

(b) the ability of the City of Toronto to extend, to the newly amalgamated City of Toronto, powers that were granted to a former municipality by way of Special Legislation, and the process for enacting such extensions.

(September 9, 1999) from the City Clerk forwarding a joint report (September 8, 1999) from the Commissioner of Community and Neighbourhood Services and the Medical Officer of Health to the September 13, 1999 meeting of the Planning and Transportation Committee for information, insofar as it pertains to municipal property standards, zoning and related issues, with a request that any comments thereon be submitted directly to the Policy and Finance Committee for its meeting on September 16, 1999, and advising that it also:

(1) recommended to the Policy and Finance Committee, and Council:

(a) the adoption of the attached joint report dated September 8, 1999, from the Commissioner of Community and Neighbourhood Services and the Medical Officer of Health, subject to the recommendations being amended to read as follows:

"It is recommended that:

(1) a Retirement and Lodging Homes Advisory Committee be established, comprised of Councillors Ootes (Deputy Mayor), Johnston (Seniors Advocate), Filion (Chair, Board of Health), Duguid (Chair, Community Services Committee), Jones (Vice-Chair, Community Services Committee), and Flint (Chair, Planning and Transportation Committee);

(2) a Retirement and Lodging Homes Action Team, led by Public Health, be established with membership from Homes for the Aged, Municipal Standards and Licensing, Fire, Ambulance, Buildings, Legal Services, Shelter Housing and Support, Toronto Police, and Social Development. This team will immediately implement a short-term action plan to address complaints and concerns from the public regarding retirement homes;

(3) the City of Toronto fully apply its existing legal powers to investigate complaints related to the health and safety of residents in retirement homes across the City;

(4) the Commissioner of Community and Neighbourhood Services and the Commissioner of Urban Planning and Development Services, in consultation with the Medical Officer of Health and City Solicitor, establish an interdepartmental working group comprised of staff from Police, Fire, Ambulance and Legal as well as other appropriate stakeholders. This working group will report back to the Retirement and Lodging Homes Advisory Committee by November 1999, and by December 1999 to the Community Services Committee and the Planning and Transportation Committee on the scope of the problem, issues related to the development and monitoring of mechanisms for ensuring quality and standards of care, and possible roles for the City, the Province and other stakeholders in this regard;

(5) this report be forwarded to the Planning and Transportation Committee and the Policy and Finance Committee;

(6) the estimated funding of $527,500.00 required for the short-term solution be absorbed in the Community and Neighbourhood Services 1999 approved Operating Budget, and that a report be submitted to the Policy and Finance Committee on the details of this expenditure, and the underexpenditures in 1999 that may be reallocated for this purpose, as part of the 1999 Operating Budget Variance reporting process;

(7) the 1999 expenditures required to immediately implement the initiatives proposed by the Retirement and Lodging Homes Action Team be approved and futher that the City seek 50/50 cost-sharing from the Province of Ontario to cover these expenditures;

(8) the funding implications of a longer-term solution be subject to a report to the Policy and Finance Committee for consideration with the year 2000 Operating Budget process; and

(9) the appropriate City officials be authorized and directed to take the necessary action to give effect hereto.";

(b) that all references to the Retirement Homes Advisory Committee and the Retirement Homes Action Team, referred to in the joint report, be amended to read Retirement and Lodging Homes Advisory Committee and the Retirement and Lodging Homes Action Team respectively; and

(c) that the focus of both the Retirement and Lodging Homes Advisory Committee and the Retirement and Lodging Homes Action Team include retirement and lodging homes where personal support is being provided on site;

(2) directed that the Policy and Finance Committee be requested to expedite discussion of the aforementioned joint report from the Commissioner of Community and Neighbourhood Services and Medical Officer of Health to ensure consideration by Council at its meeting on September 28, 1999; and

(3) directed that the aforementioned joint report be forwarded to the September 13, 1999, meeting of the Planning and Transportation Committee for information, insofar as it pertains to municipal property standards, zoning and related issues, with a request that any comments thereon be submitted directly to the Policy and Finance Committee for its meeting on September 16, 1999.

--------

Bob Rose, Parkdale Activity Recreation Centre, appeared before the Planning and Transportation Committee in connection with the foregoing matter.

Respectfully submitted,

JOANNE FLINT

Chair

Toronto, September 13, 1999

(Report No. 4 of The Planning and Transportation Committee, including an addition thereto, was adopted, as amended, by City Council on September 28 and 29, 1999.)