Item - 2025.EX28.17

The Executive Committee recommends that:  

1. City Council establish a Vice-Chair position for the Administrative Penalty Tribunal from one of the 25 public member positions appointed by City Council by amending Toronto Municipal Code, Chapter 610, Penalties, Administration, as follows:

a. require the Administrative Penalty Tribunal to consist of 25 members appointed by Council, inclusive of a Chair and Vice-Chair;

b. require the Vice-Chair to be selected by the members of the Administrative Penalty Tribunal at a Business Meeting through a simple majority vote and that such vote be publicly recorded; and

c. authorize the Vice-Chair to have all the powers and to perform all of the duties of the Chair of the Administrative Penalty Tribunal in the absence of the Chair as well as any other duties that may be required of the Vice-Chair.

2. Subject to adoption of Recommendation 1 above, City Council adopt a stipend rate for the Administrative Penalty Tribunal Vice-Chair of $6,250, pro-rated on an annual basis from the time of appointment.

3. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City 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, the Executive Director, Court Services and the City Manager.

The role of the Chair is critical to the consistent functioning and decision-making of the Administrative Penalty Tribunal. In addition to serving as a Hearing Officer, the responsibilities of the Chair include ensuring that hearing practices of the Administrative Penalty Tribunal are fair and effective, ensuring quality and consistency of Administrative Penalty Tribunal decisions, and chairing the business meetings of the Administrative Penalty Tribunal among other responsibilities.

This report recommends the creation of a Vice-Chair position on the Board, which is intended to reduce the risk of inconsistent decisions and operational disruption by serving as Chair in the absence the Chair or during a vacancy of the Chair's position. As well, a Vice-Chair could assist the Chair in managing their responsibilities and transitioning when a new Chair is appointed. The 2023 and 2024 annual report of the current Chair of the Administrative Penalty Tribunal recommended consideration of a Vice-Chair as a member of the Tribunal for these reasons.  

Based on the proposed role of the Vice-Chair and consideration of the stipends for public members and the Chair, this report recommends an annual stipend for the Vice-Chair of $6,250, pro-rated on an annual basis from the time of appointment.