Item - 2017.GM18.6

Tracking Status

GM18.6 - Administrative Penalty System for Parking Violations - Revised Implementation Date

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on March 28 and 29, 2017, adopted the following:

 

1.  City Council direct that the effective date for the Administrative Penalty System for Parking Violations established under Item GM13.12, the operational effective date for the Administrative Penalty Tribunal, the in force date of the new Municipal Code Chapter 610, Penalties, Administration of, and any other referenced date of May 15, 2017 be August 28, 2017.

 

2.  City Council approve modifications to the Administrative Penalty System for parking violations procedural timelines as generally described in the report (February 10, 2017) from the Interim City Solicitor, the Treasurer and the Director, Court Services.

 

3.  City Council eliminate the Administrative Penalty Tribunal member remuneration fee of $50 for a written decision.

 

4.  City Council modify the appointment process for the initial appointments to the Administrative Penalty Tribunal to authorize Court Services staff and the City Clerk to shortlist, interview and recommend candidates to the Tribunals Nominating Panel for appointment by City Council.

 

5.  City Council amend the City of Toronto's parking by-laws to remove the fixed fine system for all parking ticket offences, and to re-establish the already approved set fines effective April 10, 2017, to assist in the transition to the Administrative Penalty System for parking disputes.

 

6.  City Council authorize the City Solicitor to introduce the necessary bills to give effect to Council's decision and authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the reasonable operation of the Administrative Penalty System program and to remove the fixed fine system for all parking ticket offences.

 

7.  City Council direct that the Confidential Attachment 1 to the supplementary report (March 27, 2017) from the City Solicitor remain confidential.

 

Confidential Attachment 1 to the supplementary report (March 27, 2017) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege. 

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on March 29, 2017, to consider confidential information on this Item as it pertains to the receiving of advice that is subject to solicitor-client privilege.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (Committee)

(February 10, 2017) Report from the Interim City Solicitor, the Treasurer and the Director, Court Services on Administrative Penalty System for Parking Violations - Revised Implementation Date
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-101065.pdf

Background Information (City Council)

(March 8, 2017) Decision Letter from the Tribunals Nominating Panel (GM18.6a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-101980.htm
(March 27, 2017) Supplementary report from the City Solicitor on Administrative Penalty System for Parking Violations - Revised Implementation Date - Re-establishment of Set Fines for Parking (GM18.6b)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-102379.pdf
Confidential Attachment 1

Communications (Committee)

(February 14, 2017) E-mail from Derek Moran (GM.New.GM18.6.1)

Motions (City Council)

Report of Committee of the Whole

March 29, 2017 at 5:23 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item GM18.6 headed "Administrative Penalty System for Parking Violations - Revised Implementation Date".  No motions were placed in the closed session.  Council would now proceed to the public debate on the item.


1a - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That City Council adopt the following recommendation contained in the Decision Letter (March 8, 2017) from the Tribunals Nominating Panel (GM18.6a):

 

1. City Council modify the appointment process for the initial appointments to the Administrative Penalty Tribunal to authorize Court Services staff and the City Clerk to shortlist, interview and recommend candidates to the Tribunals Nominating Panel for appointment by City Council.


1b - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That City Council adopt the following recommendations contained in the supplementary report (March 27, 2017) from the City Solicitor [GM18.6b]:

 

1.  City Council amend the City of Toronto's parking by-laws to remove the fixed fine system for all parking ticket offences, and to re-establish the already approved set fines effective April 10, 2017, to assist in the transition to the Administrative Penalty System for parking disputes.

 

2.  City Council authorize the City Solicitor to introduce the necessary bills to give effect to Council's decision and authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to Council's decision to remove the fixed fine system for all parking ticket offences.

 

3.  City Council direct that the Confidential Attachment #1 to this report remain confidential.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Mar-29-2017 5:27 PM

Result: Carried Majority Required - GM18.6 - Adopt the item as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, John Filion, Mike Layton, Denzil Minnan-Wong, Ron Moeser, James Pasternak, John Tory, Kristyn Wong-Tam

GM18.6 - Administrative Penalty System for Parking Violations - Revised Implementation Date

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Government Management Committee recommends that:  

 

1.  City Council direct that the effective date for the Administrative Penalty System for Parking Violations established under Item GM13.12, the operational effective date for the Administrative Penalty Tribunal, the in force date of the new Municipal Code Chapter 610, Penalties, Administration of, and any other referenced date of May 15, 2017 be August 28, 2017.

 

2.  City Council approve modifications to the Administrative Penalty System for parking violations procedural timelines as generally described in the report (February 10, 2017) from the Interim City Solicitor, the Treasurer and the Director, Court Services.

 

3.  City Council eliminate the Administrative Penalty Tribunal member remuneration fee of $50 for a written decision.

 

4.  City Council authorize the City Solicitor to introduce the necessary bills to give effect to Council's decision and authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the reasonable operation of the Administrative Penalty System program.

Origin

(February 10, 2017) Report from the Interim City Solicitor, the Treasurer and the Director, Court Services

Summary

On July 14th, 2016 City Council approved the governance and administrative requirements to establish an Administrative Penalty System (APS) for parking violations (i.e. parking tickets). This change will move the dispute mechanism for violations of the City of Toronto's parking by-laws from a court based system to an administrative review model. In the report approved by Council, staff recommended an effective date of May 15, 2017 for the APS, the Administrative Penalty Tribunal, the new Code Chapter governing the APS and any associated by-law amendments. This report proposes that City Council instead approve an August 28th, 2017 implementation date for the Administrative Penalty System for parking violations as well as for the Tribunal and any Code Chapter or by-law amendments associated with APS.

 

Ongoing consultation with the City's Information & Technology Division has revealed that critical technological requirements for the APS program written in a legacy platform programming language cannot be completed in time for May 15th, 2017, due to an industry skill shortage in this area. It has been determined that an August 28th, 2017 implementation date will eliminate IT development risks and allow sufficient time for user acceptance and security testing.

 

This report also proposes that City Council approve the following APS procedural amendments and clarifications. These include:

A revised timeline for the application of the Vehicle Owner / Address Search Fee, Late Payment Fee and Plate Denial Enforcement Fee.

 

Removing the remuneration of $50 to a Hearing Officer for a written decision.

Background Information

(February 10, 2017) Report from the Interim City Solicitor, the Treasurer and the Director, Court Services on Administrative Penalty System for Parking Violations - Revised Implementation Date
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-101065.pdf

Communications

(February 14, 2017) E-mail from Derek Moran (GM.New.GM18.6.1)

Speakers

Derek Moran

Motions

Motion to Adopt Item moved by Councillor Janet Davis (Carried)
Source: Toronto City Clerk at www.toronto.ca/council