The Licensing and Standards Committee deferred consideration of this item until the year 2011 and requested the Executive Director, Municipal Licensing and Standards, in the interim, to consult with:

a.         industry stakeholders on the prohibition of video display advertisements and advertisements enhanced by audio messaging; and

b.         Ward Councillors on any complaints they have received from their constituents.

The purpose of this report to address Council’s direction on a mechanism to regulate, control and/or eliminate third party signs or billboards on moving vehicles.

The growing public interest in the administration and enforcement of sign regulations in the City has suggested the need for up-to-date and consistent regulations for signage.  Recent amendments to the City's sign regulations have focused on permanent signs.  In 2005, the City harmonized the regulations in relation to mobile or temporary signage in the City.  However, over the last several years, the mobile sign industry has evolved from signs that are part of, or attached to, a readily re-locatable wheeled trailer or frame without wheels, to include vehicles that have been adapted to have an advertising sign, billboard or other display attached or painted on, that moves from one location to another.

The City of Toronto currently regulates the mobile sign industry through Chapter 693, Signs, and Chapter 545, Licensing.  Amendments to these bylaws are required to reflect the evolving nature of the industry and enable the City of Toronto the ability to effectively regulate the mobile sign industry in a manner that serves to protect our neighbourhoods and the environment.

Both the Legal Services Division, and the Finance Division’s Insurance and Risk Management Unit have been consulted in the preparation of this report.

The Licensing and Standards Committee endorsed the process outlined in the communication (April 29, 2010) from Councillor Howard Moscoe and in so doing:

1.         requested the Executive Director, Municipal Licensing and Standards to work with the General Manager, Economic Development, Culture and Tourism to identify those Business Improvement Areas (BIAs) that have more than three street vendors with permits to occupy public property.

2.         referred proposals 1 to 5 in the communication (July 10, 2008) from Councillor Howard Moscoe to each of those BIAs with a request that they meet with the Vendors' Association and under the auspices of their Ward Councillor, attempt to work out a fairness protocol within their BIA area to submit their joint recommendations back to the Licensing and Standards Committee that are applicable to their own BIA area.

3.         requested that the BIAs and Vendors' Association adopt the ground rules which would require:

a.         that they work within the existing vending by-law;

b.         that they attempt to work out a dispute resolution mechanism that works for them locally and includes a way of dealing with complaints against vendors;

c.         that BIAs be encouraged to explore ways of extending associate membership to vendors who have locations within their BIA areas.

4.         requested that the general issues be reported back to the Licensing and Standards Committee jointly by the Toronto Association of Business Improvement Areas (TABIA) and the Vendors' Association so that a general fairness protocol can be applied across the City of Toronto.

A suggested process to bring interested parties together to come up with a fair protocol for the removal of street vendors.

The City of Toronto has been working to improve the standard of living for tenants across the City through the enforcement of property standards in multi-residential buildings. The City is conducting enforcement to bring rental buildings up to the standards set out in the City's bylaws, and landlords are being required to make the necessary repairs and upgrades to rental housing buildings and individual units. The MRAB pilot program utilizes a process of targeted enforcement that successfully identified and improved conditions for tenants in those buildings that have been inspected.

In a recent report (EX 40.4: Multi-Residential Apartment Building Audit Program), the Executive Director of Municipal Licensing and Standards outlined plans for the expansion of the program. Tenants across the City have engaged in the process and provided feedback that included ways to improve and enhance this approach, along with ideas for extending the reach of the program.

MRAB program staff have been responsive and engaged with tenants on these ideas, and the recommendation above would provide an opportunity for staff to formally report on some of these ideas and provide an assessment of suggestions for further improvement to the program.

(Submitted to City Council on March 31, April 1, 2010 as MM47.2)

The Licensing and Standards Committee recommends that:

1.         City Council approve the addition to Appendix L of Toronto Municipal Code Chapter 545, Licensing, of the following Professional Holistic Associations:

(a)        Traditional Thai Massage Association of Ontario;

(b)        International Health Qi Gong Federation; and

(c)        Canadian Natural Medicine Corporation of Ontario.

2.         City Council direct the City Solicitor to prepare the necessary bill to give effect to the recommendations in this report, effective immediately.

3.         City Council authorise and direct all other appropriate City officials to take the necessary actions to give effect thereto.

To recommend to the Licensing and Standards Committee the addition of three Professional Holistic Associations (PHAs) to Appendix L to Chapter 545, Licensing, List of Professional Holistic Associations for the purposes of licensing holistic practitioners and owners.

Staff received three applications to be added to Appendix L from the Traditional Thai Massage Association of Ontario, the International Health Qi Gong Federation, and the Canadian Natural Medicine Corporation of Ontario. These associations were evaluated on three main criteria: (a) Governance; (b) Membership and Membership Services; and (c) Ethics and Discipline.

Based on the applications submitted, all three associations meet or exceed the minimum requirements to be included in the City’s list of approved PHAs.

The Licensing and Standards Committee recommends that:

1.         City Council adopt the amendments to Schedule A of Appendix K of Toronto Municipal Code Chapter 545, Licensing, as per Appendix A of this report.

2.         City Council adopt the following definition for Demerit Point, to be included in Chapter 545:

“DEMERIT POINT – a unit of measurement applied to a bylaw conviction in accordance with Schedule B of Appendix K of this Chapter, for the purpose of administering the business licensing thresholds”.

3.         City Council make the amendments retroactive to January 1, 2010, the same date that the previous by-law amendments came into effect.

4.         City Council direct the City Solicitor to prepare the necessary bill, including any stylistic or technical amendments required, to give effect to any recommendations adopted by City Council.

5.         City Council authorise and direct City staff to take any other action necessary to implement the by-law amendments.

This report is a staff initiated report arising from: (a) an unintended amendment to the City’s licensing thresholds when the criminal code offence sections were clarified; and (b) a lack of clarity on what constitutes a demerit point with respect to the licensing thresholds.

The errors, because they have not been reflected in the Licensing System, have not had an impact on licence issuing, renewals or hearings. The proposed changes in this report address the issues to bring the bylaw back in line with practice.

The City Solicitor was consulted in the preparation of this report.

Public notice has been given in a manner prescribed in the Toronto Municipal Code Chapter 162, Notice, Public.

To report on the proposed provisions found in the proposed newly harmonized City of Toronto Zoning By-law, regarding the issue of charging for visitors parking at multi-residential apartment buildings.

The Licensing and Standards Committee recommends:

1.         In order to promote stability in the taxicab industry and eliminate a considerable disincentive to provide a well maintained, safe, quality vehicle for the safety and comfort of Toronto passengers, City Council amend Chapter 545, Licensing by replacing subsection C(8) of section 545-145 of the Toronto Municipal Code with the following:

"(8)      (a)        the lease shall be for the period that the vehicle is permitted to continue to be used as a taxicab;

(b)        the lease may be terminated earlier upon the written agreement of both parties or upon either party giving the other party one week's notice that there is just cause for termination of the lease."

2.         City Council receive for information Confidential Attachment 1 in the report (May 17, 2010) from the City Solicitor.

3.         City Council direct that Confidential Attachment 1 in this report remain confidential in its entirety as the content relates to solicitor-client privilege.

To report further on consultations with the taxicab industry regarding the by-law provisions governing the leasing of taxicabs contained in the City of Toronto Municipal Code Chapter 545, Licensing.

This report provides a legal opinion regarding the proposal to amend Municipal Code Chapter 545 Licensing to require that taxicab leases be for the life of the vehicle.  This report is to be considered with the report of the Executive Director, Municipal Licensing and Standards dated May 17, 2010 entitled "Taxicab Lease Agreements".

Verbal update from the City Solicitor.

(No written material.)

Forwarding motion from North York Community Council from its May 25 Community Council meeting.

Request staff to investigate a more appropriate means of determining when air conditioning should be turned on in multi-residential rental buildings.