Decisions

The Infrastructure and Environment Committee recommends that:

1. City Council establish a system of administrative penalties for Red Light Camera and Automated Speed Enforcement contraventions under, and in accordance with, the requirements of Ontario Regulation 355/22 made under the Highway Traffic Act, R.S.O. 1990, to be effective November 1, 2024.

2. City Council authorize the City Solicitor to amend City of Toronto Municipal Code Chapter 610, Penalties, Administration Of, so that it reads generally as set out in Attachment 1 to the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller, such proposed replacement City of Toronto Municipal Code Chapter 610 to come into force on November 1, 2024.

3. City Council continue the Administrative Penalty Tribunal, expand the mandate of the Administrative Penalty Tribunal, and approve the updated Tribunal governance structure outlined in Attachment 2 to the report (December 21, 2023) from the City Solicitor, the Chief Technology Officer, the General Manager, Transportation Services, the Director, Court Services, and the Controller, such expanded mandate and updated Tribunal governance structure to be effective November 1, 2024.

4. City Council deems that any authorizations it has given prior to November 1, 2024 for City of Toronto Municipal Code Chapter 610, Penalties, Administration Of, including the establishment of by-laws as designated by-laws and the establishment of penalty amounts, continue to apply to the proposed replacement City of Toronto Municipal Code Chapter 610 and its schedules, as necessary.

5. City Council authorize the City Solicitor to introduce any necessary bills to amend the proposed replacement City of Toronto Municipal Code Chapter 610 and its schedules to reflect any changes to the text and / or schedules between the date that City Council adopts this Item and November 1, 2024, that being the date that the proposed replacement City of Toronto Municipal Code Chapter 610 comes into force, to update the proposed replacement City of Toronto Municipal Code Chapter 610 to incorporate any changes made to the current City of Toronto Municipal Code Chapter 610 and its Schedules in the interim, as required, and to make any additional required amendments deemed necessary by the City Solicitor, in consultation with the General Manager, Transportation Services, Director, Court Services, and Controller, to the proposed replacement City of Toronto Municipal Code Chapter 610, including any amendments required as a result of any legislative changes.

6. City Council authorize the continued delegation to the City Solicitor to appoint Screening Officers, who will be City employees, as required by O. Reg. 611/06 and delegate to the City Solicitor the additional authority to appoint Screening Officers, who will be City employees, required by O. Reg 355/22 to respond to requests for review of penalty notices issued under the City’s administrative penalty system established under that regulation.

7. City Council direct City staff to update the policies, guidelines and procedures that apply to the existing Administrative Penalty System as needed to give effect to the system of administrative penalties, procedures and the Administrative Penalty Tribunal as generally outlined in this report and make them publicly available on the City’s website.

8. City Council authorize the City Solicitor, in consultation with the City Clerk, to introduce any necessary bills to amend City of Toronto Municipal Code Chapter 217, Records, Corporate (City), City of Toronto Municipal Code Chapter 441, Fees and Charges, and Chapter 219, Records, Corporate (Local Boards) and to adopt new record retention schedules, subject to the approval of the City’s external auditor as required by s. 201, to give effect to the system of administrative penalties, procedures and the Administrative Penalty Tribunal as generally outlined in the report (December 21, 2023) from the City Solicitor, the Chief Technology Officer, the General Manager, Transportation Services, the Director, Court Services, and the Controller, and generally outlined in Attachments 1 and 2 inclusive to the report (December 21, 2023) from the City Solicitor, the Chief Technology Officer, the General Manager, Transportation Services, the Director, Court Services, and the Controller, such amendments to come into force on November 1, 2024.

9. City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an agreement(s) with His Majesty the King in Right of Ontario, as represented by the Minister of Transportation, for the access and use of licence plate registration information in relation to administrative penalty proceedings for red light camera violations, on terms and conditions as generally outlined in the body of the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller and on such further terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor.                

10. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute an agreement(s) with His Majesty the King in Right of Ontario, as represented by the Minister of Transportation, for the access and use of license plate registration information in relation to administrative penalty proceedings for automated speed enforcement violations, on terms and conditions as generally set out in the report (December 21, 2023) from City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller, and on such other terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

11. City Council authorize the Director, Revenue Services to negotiate, enter into and execute, on behalf of the City, an agreement(s) with His Majesty the King in Right of Ontario as represented by the Minister of Transportation and His Majesty the King in Right of Ontario, as represented by the Attorney General (MAG), for the access and use of licence plate registration information and for the City's access to the Defaulted Fines Control Centre to transmit requests to the Registrar of Motor Vehicles to refuse to issue or validate vehicle permits for unpaid administrative penalties for the purposes of the administrative parking penalty program, on such terms and conditions as generally set out in the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller and on such other terms and conditions satisfactory to the Director, Revenue Services and in a form satisfactory to the City Solicitor.

12. City Council authorize the Director, Revenue Services to negotiate, enter into and execute, on behalf of the City, new agreement(s) with His Majesty the King in Right of Ontario, as represented by the Attorney General (MAG), in relation to camera systems administrative penalty enforcement programs, for the City's access to the Defaulted Fines Control Centre to transmit requests to the Registrar of Motor Vehicles, to refuse to issue or validate vehicle permits for unpaid administrative penalties, and for the remittance of penalty amounts collected by the Minister of Transportation to the City; and the arrangement(s) for the portion of the administrative penalty to be remitted by the City to MAG to be credited to the victims' justice fund on such terms and conditions as generally set out in the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller and on such other terms and conditions satisfactory to the Director, Revenue Services and in a form satisfactory to the City Solicitor.

13. City Council authorize the General Manager, Transportation Services, to negotiate, enter into, and execute a new or amended agreement(s) between the City of Toronto and the Partnering Municipalities, said Partnering Municipalities generally as listed in Attachment 5 to the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller, for Automated Speed Enforcement administrative penalty violation processing and for their cost-sharing of the expenses of the joint municipal processing centre and to amend such agreement(s) each time a new Municipality is added to such agreement for the duration of the contract between the City of Toronto and Redflex Traffic Systems (Canada) Incorporated, for the provision of Automated Speed Enforcement services, on terms and conditions generally as set out in the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor, and authorize the General Manager, Transportation Services to include all necessary budget and staff changes required to support other municipalities as part of the annual budget submission.

14. City Council authorize the General Manager, Transportation Services, to negotiate, enter into, and execute a new agreement(s) between the City of Toronto and the Partnering Municipalities generally as listed in Attachment 6 to the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller, for Red Light Camera administrative penalty violation processing and for their cost-sharing of the expenses of the joint municipal processing centre and to amend such agreement(s) each time a new Municipality is added to such agreement for the duration of the contract between the City of Toronto and Traffipax LLC., for the provision of Red Light Camera services, on terms and conditions generally as set out in the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller and satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor, and authorize the General Manager, Transportation Services, to include all necessary budget and staff changes required to support other municipalities as part of the annual budget submission.

15. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor, in consultation with the General Manager, Transportation Services, the Director of Revenue Services, and the Director of Court Services, in order to give effect to Recommendations 1 to 14 inclusive.

16. City Council direct the General Manager, Transportation, in collaboration with other departments as appropriate, to enhance public communications in the summer and fall of 2024 on the City’s increasing enforcement of road safety rules, including speed limits and red lights, and why they are necessary to make our city a better place to live.

The purpose of this report is to provide City Council with an overview of the governance and administrative requirements to expand the City of Toronto's Administrative Penalty System to include Red Light Camera and Automated Speed Enforcement violations effective November 1, 2024. The report requests City Council approval of several recommendations to establish an expanded Administrative Penalty System. Under the Highway Traffic Act and Ontario Regulation 355/22: Administrative Penalties for Contraventions Detected Using Camera Systems, the City can establish an administrative penalty and dispute resolution process for specific Highway Traffic Act violations issued through camera systems.

This report responds to City Council's direction through Item 2022.IE27.8 – Update on Vision Zero Management Strategy and Related Initiatives to report back to the Infrastructure and Environment Committee with an update and any necessary recommendations to give effect to the operation of an Administrative Penalty System for the Red Light Camera and Automated Speed Enforcement programs.

Adopting an administrative penalty structure for Red Light Camera and Automated Speed Enforcement disputes will move forward Vision Zero, increase public safety, and increase efficient dispute resolution with the additional benefit of allowing more efficient use of limited court time in provincial courts. It will also allow the City to better manage the addition of cameras to both programs as per Council's direction, while maintaining a speedier dispute resolution timeline.

The Administrative Penalty System expansion project includes the procurement of a new adjudicative case management technology solution. The acquisition of a modern, robust, scalable, and versatile technology solution is necessary and will ensure the long-term viability of the City's Administrative Penalty System. The current case management system for parking violations is the Parking Tag Management System. This system was modified in 2017 to temporarily support the program and cannot be further modified to support expanded Administrative Penalty System operations. A new technology solution will allow for the efficient administration and management of administrative penalties for automated speed enforcement, red light camera, and parking and will allow for any future needed expansion of the Administrative Penalty System. Capital funding for a case management solution to replace the Parking Tag Management System has already been approved by Council through the capital budget.

The Infrastructure and Environment Committee recommends that:  

1. City Council authorize the installation of the following bikeway projects on:

a. Champagne Drive from Chesswood Drive to Finch Avenue West, uni-directional cycle tracks;

b. Alness Street from Finch Avenue West to Finch Hydro Corridor, uni-directional cycle tracks;

c. University Avenue from 150 metres south of King Street to 150 metre south of Wellington Street, uni-directional cycle tracks;

d. Richmond Street from Strachan Avenue to Niagara Street, contra-flow bike lane;

e. Dundas Street East from Broadview Avenue to West Avenue, uni-directional cycle tracks;

f. Dundas Street East from Logan Avenue to Pape Avenue, uni-directional cycle tracks;

g. Hoskin Avenue from Queens Park Crescent West to St George Street, uni-directional cycle tracks; and

h. Harbord Street from St George Street to Ossington Avenue, uni-directional cycle tracks.

2. City Council delegate, despite any City of Toronto By-law to the contrary, to the General Manager, Transportation Services, until November 1, 2025, for the purposes of implementing and then addressing operational and safety issues that may arise in relation to the projects identified in Recommendation 1, the authority to implement changes and process and submit directly to Council any necessary bills for by-law amendments to the schedules to City of Toronto Code Chapters on the streets and within the parameters as identified in Attachment 2 to the report (December 21, 2023) from the General Manager, Transportation Services, such the by-laws submitted be made permanent on November 1, 2025.

3. City Council authorize and direct the appropriate City officials to take the necessary action to give effect to Council's decision, including the introduction in Council of any and all bills that may be required.

4. City Council amend cycling, traffic and parking regulations required in Chapter 886, Chapter 903, Chapter 910 and Chapter 950, as generally described in Attachment 3 - Technical Amendments to the report (December 21, 2023) from the General Manager, Transportation Services, for previously approved projects by City Council that have been enacted in phases aligned with the timing of implementation of the appropriate segments of the respective projects over 2022 to 2023 and by-law accuracy.

The Cycling Network Plan and the associated Near Term Implementation Plan, adopted by City Council in December 2021 seeks to build on the existing network of cycling routes to Connect gaps in the current network, Grow the network into new parts of the city, and Renew existing parts of the network to improve safety. Through this report, Transportation Services is seeking authority for bikeway projects that are proposed to be installed in the near term (2022-2024) for which design and consultation have been completed.

This report seeks Council authority to install 1.5 centreline kilometres (km) of new bikeways on the following streets:

- Champagne Drive: Chesswood Drive to Finch Avenue West (cycle tracks, Ward 6)

- Alness Street: Finch Avenue West to Finch Hydro Corridor (cycle tracks, Ward 6)

 - University Avenue: 150 m from current terminus south of King Street to south of Wellington Street (cycle tracks, Ward 10)

- Richmond Street: Strachan Avenue to Niagara Street (contra-flow bike lanes, Ward 10)

Further, this report seeks Council authority to make by-law amendments associated with improvements to 3.5 centreline kilometres of existing cycling infrastructure on the following streets:

- Dundas Street East: Broadview Avenue to West Avenue (bike lanes to cycle tracks, Ward 14)

- Dundas Street East: Logan Avenue to Pape Avenue (bike lanes to cycle tracks, Ward 14)

- Hoskin Avenue: Queens Park Crescent West to St George Street (bike lanes to cycle tracks, Ward 11)

- Harbord Street: St George Street to Ossington Avenue (bike lanes to cycle tracks, Ward 11)

As part of this report, Transportation Services is continuing to utilize the streamlined reporting process for by-law amendment submissions associated with cycling infrastructure projects approved by Council for implementation. Once projects are approved by Council, the streamlined process involves delegation of authority to submit bills directly to Council for a discreet period of time after project implementation which enables Transportation Services to make minor adjustments to constructed conditions without delay and based on local Councillor and public feedback such as parking adjustments to improve sight-lines, adjustments or addition of accessible loading areas, and similar modifications.

The changes proposed as part of the projects identified above would improve safety and mobility options by providing improved cycling connections to transit, parks, local schools, businesses, and residences. Pedestrian improvements have also been included in the projects, wherever feasible, including curb extensions and new sidewalk installations, and motor vehicle lane adjustments.

Finally, this report seeks to make minor housekeeping amendments to existing bikeways and their associated traffic and parking by-laws on the following streets:

- Bloor Street West (bicycle and traffic and parking, Ward 3 and 11)

- Bartlett Avenue (traffic and parking, Ward 9)

- Temperance Street (bicycle and traffic, Ward 10)

- Shaw Street (bicycle and traffic and parking, Ward 11)

- The Esplanade (bicycle and traffic and parking, Ward 10 and 13)

- Wilmington Avenue (parking, Ward 6)

- Yonge Street (traffic, Ward 11 and 12)

An additional report is anticipated for 2024 projects in the second quarter of 2024. A map of the bikeway projects proposed in this report is included as Attachment 1. 

The Infrastructure and Environment Committee recommends that:

1. City Council direct the General Manager, Transportation Services to take all reasonable steps to make designated bike lanes safe and passable for bicycles during the winter season.

The minimum standard of ice / snow management on most Toronto streets is described as "safe and passable". In practice, Toronto streets are almost always "safe and passable" for cars and trucks. However, bike lanes are only "safe and passable" when they are "safe and passable" for bicycles. In Toronto's weather, because of our frequent fluctuations above and below zero, no bike lane is "safe and passable" unless it is cleared to bare pavement. Layers of snow / slush that are passable for cars quickly become icy and unsafe for bicycles.

Last year, protected bike lanes (cycle tracks) were generally properly cleared after the first few weeks of confusion. However, on-road bike lanes were often left hazardous with frequent patches and barriers of ice, especially in the most dangerous locations such as curves and hills.

Improved winter bike lane maintenance is necessary for Vision Zero and to support Toronto’s climate commitments, in particular to allow three quarters of local trips (year round) to be made by foot, bicycle or transit by the end of this decade. It is also necessary to support other city initiatives, such as the five dollar a year Bikeshare membership just extended to Toronto Community Housing Corporation tenants, and the work being done to encourage downtown deliveries by cargo bike.

The Infrastructure and Environment Committee recommends that:

1. City Council direct the Interim Chief Planner and Executive Director, City Planning, and the Acting General Manager, Parks, Forestry and Recreation, in consultation with other Divisions as appropriate, to review and report to Infrastructure and Environment Committee, by the third quarter of 2024, on applicable policies concerning the use of City property to create replacement habitat for the purposes of the Endangered Species Act, 2007, with such report:

a. taking into account the province’s failure to adequately protect species at risk, as documented by the Environmental Commissioner of Ontario in the 2017 Environmental Protection Report, titled Good Choices, Bad Choices; and

b. identifying any potential policy or planning process improvements which may assist in providing a net gain for the affected species, including requiring at least two high quality replacement habitats for each existing habitat destroyed.

Under the provincial Endangered Species Act, those who wish to damage or destroy the habitat of an endangered species must construct replacement habitat. Such "replacement" habitats typically have a poor success rate in supporting continued breeding success of the endangered species. The Environmental Commissioner of Ontario therefore recommended that at least two high quality replacement habitats should be constructed before permitting destruction of the original habitat.

Developers intending to destroy endangered species habitat often wish to save money by constructing their replacement habitats in parks or other City property, to avoid having to purchase replacement habitat lands. The City should not permit public property to be used for this purpose unless at least two high quality replacement habitats are constructed for each existing habitat destroyed.

The Infrastructure and Environment Committee:

1. Requested the General Manager, Transportation Services to provide a congestion management update to the February 27, 2024 Infrastructure and Environment Committee meeting.

Since the adoption of the Congestion Management Plan Update by City Council on November 8, 2023, there have been many motions from Councillors requesting additional information related to the Congestion Management program. I am writing to request that we streamline these motions into a single Congestion Management update at our February meeting.

This motion is to request that the General Manager, Transportation Services report back at the
February 2024 Infrastructure and Environment Committee meeting on the following:

- Improved way-finding in construction zones (Recommendation in IE7.2)

- The status of work regarding "Don't Block the Box," requesting increased fines and best practices for "don’t block the box" solutions beyond an increased fine, including the
feasibility of expanding the red light camera program (MM5.26; IE7.2)

- The feasibility of an increase to road occupation permits, including an escalating fee for
long-term closures reflecting the full cost of a road closure including the impact on
people experiencing worsened traffic conditions (IE7.2)

- Next steps for the congestion management plan, including engagement (IE7.2)

- Status of new work zone signage, including content (Recommendation in IE9.9)

- An improved process to account for emergency service impacts (Recommendation in EC8.8)

- Expansion of the capital coordination program, and an approach that improves
integration across major capital projects, streamlines processes and enhances oversight
and accountability (IE7.2)

Additionally, this motion requests the General Manager, Transportation services to report at the February Infrastructure and Environment Committee meeting on:

- The potential to increase work hours for capital projects

- The feasibility of fines that escalate for repeat offenders, such as illegal blocking of traffic lanes

- Measures to streamline delivery of goods to reduce congestion

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the Executive Director, Social Development, Finance and Administration to administer and provide Bike Share Toronto's Reduced Fare Annual Memberships to eligible Fair Pass Program clients on behalf of the Toronto Parking Authority.

At its meeting on November 23, 2023, the Toronto Parking Authority considered Item PA7.7 and referred it to the Infrastructure and Environment Committee.

Summary from the report (November 9, 2023) from the President, Toronto Parking Authority
Bike Share Toronto is a convenient, affordable, and sustainable mobility option that is an integral component of Toronto’s transportation network and one of North America's largest bike share systems. The program has seen tremendous growth, expanding from a system of 80 stations and annual ridership of 400,000 in 2011, to a network of over 780 stations, 8,800 bikes (including 1,825 e-bikes) and a projected ridership of 5.5 million in 2023 - an increase of 23 percent from 2022.

In 2023, Toronto Parking Authority made recommendations to Toronto Parking Authority's
Board and City Council to modernize Bike Share Toronto's rate structure. The recommended
changes - the first since 2017 - were intended to address the imbalance between volume growth and cost pressures that were degrading key operating metrics and ultimately undermining customer experience.

City Council's adoption of the new rate structure included several amendments regarding the
development of new payment methods, special passes, an accelerated implementation schedule for a low-income pass and completion of an equity-based investigation into the impacts of the new rate structure on the inner suburbs.

The new Bike Share Toronto rate structure was launched on April 3, 2023. Since that time, the sale of annual memberships (32,000 Year to date, + 10 percent v 2022) has continued to grow year over year. Use of e-bikes by both annual members and casual riders has increased exponentially (336,000 rides + 111 percent Year to date) and overall customer satisfaction with the program, including the rate structure, remains at industry leading levels.

In response to the amendments included in Council's approval of the new rate structure,
Toronto Parking Authority has completed the development work to enable payment of annual
memberships in three (3) installments, developed 100 special Ontario Disability Support
Program (ODSP) passes to be distributed by the YMCA, developed a seniors pass (65+ years) that Bike Share Toronto will pilot for one (1) year and extended corporate discounts to the staff and students at Toronto District School Board (TDSB) and Toronto Catholic District School Board (TCDSB).

In addition, Toronto Parking Authority has worked with Toronto Community Housing (TCHC) to make $5 annual memberships available to existing Rent-Geared-to-Income residents and is working with Social Development, Finance and Administration Division (SDFA) to implement a $5 annual membership available to Toronto Transit Commission Fare Pass holders as early as the second quarter of 2024. Finally, Toronto Parking Authority is carrying out an equity-based investigation into how the new rate structure is impacting users from the inner suburbs and adjusting its 2023 and 2024 expansion plans to reflect this input.

The Infrastructure and Environment Committee forwards the Item to City Council without recommendation.

The Infrastructure and Environment Committee:

1. Requested the General Manager, Transportation Services and the City Solicitor to report directly to the February 6, 7 and 8, 2024 City Council meeting on:

a. existing safety policies and available enforcement measures to prevent driver distractions from rallies, protests, waving flags and affixing of banners on Highway 401 overpasses, including an itemized list of safety and enforcement measures to keep pedestrians, cyclists and motorists safe; and

b. the jurisdictional responsibilities and roles of the City of Toronto, the Province of Ontario, the Toronto Police Services and the Ontario Provincial Police in protecting the safety of pedestrians, cyclists and motorists on Highway 401 overpasses and the highway below.

In recent months, there has been a growing number of protests and rallies on 401 overpass bridges around the Greater Toronto Area. These groups vary in size from a few people to dozens. The events include the waving of flags, the affixing of posters to the bridge overhang, and using noise amplification. At times, there are also counter protests. A 401 overpass is perhaps one of the most dangerous locations for protests and rallies. The intention of the protests is to deliberately distract drivers to bring attention to their cause, on one of the busiest highways in North America. It is only a matter of time before there is a catastrophic accident with fatalities, injuries and property damage. Because the overpass is municipal responsibility and the highway below is provincial, various issues have emerged about what enforcement measures the City of Toronto can take to keep the roadway free of protests and safe for pedestrians, cyclists and motorists. There are also questions about how jurisdictional and enforcement measures are handled and divided between city staff (such as Municipal Licensing) and which are handled by Toronto Police Services. There is an urgency to see jurisdictional and enforcement clarity on this matter.