Item - 2023.EC6.7

The Economic and Community Development Committee recommends that:

1. City Council amend Toronto Municipal Code Chapter 545, Licensing, to move §545-104G and H, §545-113A and B, §545-265, 266, and 267, which set conditions on tows from private or municipal property, to Chapter 915, Parking on Private or Municipal Property, as of January 1, 2024.

2. City Council amend Toronto Municipal Code Chapter 545, Licensing, to move the definitions of "Gross Vehicle Weight Rating", "Hirer", and "Toronto Police Service Contract Rate" to Chapter 915, Parking on Private or Municipal Property, as of January 1, 2024.

3. City Council amend Toronto Municipal Code, Chapter 915, Parking on Municipal or Private Property, by adding a definition of "Public Garage" as follows:

          PUBLIC GARAGE - A building or place that receives or stores towed motor
           vehicles.

4. City Council amend Toronto Municipal Code Chapter 545, Licensing, to delete all remaining licensing requirements and provisions that relate to Tow Truck Drivers and Tow Truck Owners, as of January 1, 2024.

5. City Council amend Toronto Municipal Code Chapter 545, Licensing, to delete all licensing requirements and provisions related to Collision Reporting Centres, as of January 1, 2024.

6. City Council amend Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 12, to delete fees associated with Tow Truck Drivers, Tow Truck Owners, and accredited vehicle repair facilities, as of January 1, 2024.

7. City Council delete §150-12 from Toronto Municipal Code Chapter 150, Municipal Law Enforcement Officers, as of January 1, 2024.

8. City Council extend the term of licences held as of October 1, 2023 by Tow Truck Drivers, Tow Truck Owners, and Public Garages that exclusively receive or store towed vehicles to December 31, 2023, without the need to pay associated licence renewal fees.

9. City Council approve such amendments to Toronto Municipal Code Chapters 150, 441, 545, and 915 as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards to give effect to the recommendations above.

The City of Toronto is one of twenty Ontario municipalities that license and oversee the towing and vehicle storage industries. In June 2021, the Ontario government passed the Towing and Storage Safety and Enforcement Act (TSSEA) to establish a framework to transition municipal oversight of the towing and vehicle storage sectors to the province.

The purpose of this report is to outline the Province's new authority over the towing and vehicle storage sectors, introduce technical amendments to City by-laws to reflect new provincial oversight, and discuss additional transitional matters related to the City's current role in licensing towing and vehicle storage providers.

TSSEA and related amendments to the City of Toronto Act, 2006 mean that as of January 1, 2024, municipalities in Ontario will no longer have the authority to license and regulate most aspects of the towing and vehicle storage sectors. As a result, Toronto Municipal Code Chapter 545, Licensing and Chapter 441, Fees and Charges must be amended to remove Tow Truck Driver and Tow Truck Owner licensing categories and related licensing provisions, as well as associated licensing fees. In addition, public garages that exclusively receive or store towed vehicles can no longer be licensed by the City. A City of Toronto licence will still be required for all other public garages.

To transition to the provincial regime, staff are seeking City Council's approval to extend the licence term of existing Tow Truck Drivers, Tow Truck Owners and Public Garages that exclusively receive or store towed vehicles to December 31, 2023, without them needing to pay the associated licence renewal fee.

This report was prepared in consultation with Legal Services, Policy, Planning, Finance and Administration and the Toronto Police Service's Parking Enforcement Unit.