Item - 2017.CC31.3

City Council on July 4, 5, 6  and 7, 2017, adopted the following:

1.  City Council adopt the report (June 27, 2017) from the Ombudsman and in so doing, City Council request the Corporate Finance Division to implement all of the Ombudsman's recommendations.

Ombudsman's Recommendations:

Clarifying Authority to Screen Complaints

1.  In light of the questions raised by this Investigation, we recommend that staff from Corporate Finance ask legal counsel to conduct a fresh review of the screening practice (where staff decide whether or not a complainant should be granted a hearing), and to confirm that the practice is compliant with all relevant law, including the City of Toronto Act, the Development Charges Act, the Education Act, and the Statutory Powers Procedure Act.

Written Procedure for the Complaints Handling Process

2.  Staff from Corporate Finance should work with other relevant divisions to draft a written procedure to guide them in the administration of the development charge complaint process.

3.  Assuming staff's authority to screen complaints is confirmed pursuant to Recommendation 1, the written procedure should clearly set out the process they follow when determining whether or not to bring a matter forward to a hearing. The written procedure should include examples of matters that staff do and do not consider to fall within the three enumerated categories.

Written Procedure for Development Charge Complaint Hearings

4.  Staff from Corporate Finance should work with other relevant City divisions to set out a development charge complaint hearing procedure in writing. This procedure should include the following details:

- how complainants can present evidence, submit written arguments and/or make oral submissions;

- how and when complainants can access staff's written arguments (which are found in the staff report); and

- an overview of how the hearing is conducted.

In developing this written procedure, staff should also consider including information on what role, if any, the Statutory Powers Procedure Act plays in structuring these hearings.

Producing Public Information on Development Charge Complaints

5.  The City's website should include information on the process by which development charge complaints are handled. At a minimum, the City should post online the written procedure referenced in Recommendation 2.

6.  The website should also include a description of the hearing process before Executive Committee, and how parties can participate in the hearing. At a minimum, the City should post online the written procedure referenced in Recommendation 4.

7.  The information available online should also include the fact that complainants have a right of appeal to the Ontario Municipal Board.

Advising Complainants of their Hearing and Appeal Options in Writing

8.  In any case where there is a right to a hearing before Executive Committee, staff should advise the complainant, in writing, of this fact. This should happen even when staff is trying to negotiate a resolution.

9.  Staff should advise all complainants in writing of their right to appeal to the Ontario Municipal Board from the City's handling of their complaint.

Education Development Charge Complaints

10.  Staff from Corporate Finance should seek legal advice to ensure that all necessary delegations of authority are in place regarding education development charge complaints.

11.  The written procedure (from Recommendation 2) should clearly lay out the process staff follow when handling education development charge complaints, including the requirement to notify school boards about complaint hearings, and about the right of school boards to participate as parties to the hearing.

Example Complaint

12.  Corporate Finance should send a letter to Mr. D, apologizing for the conflicting information he was given about his right to a hearing before Executive Committee, and underscoring Corporate Finance's commitment to improving the system so that the process is clearer in the future.

Reporting Back

13.  Corporate Finance should report quarterly to Ombudsman Toronto on the implementation of these recommendations until implementation is complete.