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Administrative Penalty Tribunal

The Administrative Penalty Tribunal was established to provide an independent review of administrative penalties (e.g. parking, licensing, and traffic By-laws, etc.) that are assessed to individuals. This independent quasi-judicial tribunal reviews the decisions of Screening Officers and has the authority to affirm, reduce, or cancel administrative penalties based on the merits of the case.

The tribunal is a local board of the City established under the City of Toronto Act, 2006 and hearings will be conducted in accordance with the Statutory Powers Procedure Act, 1990.

Tribunal responsibilities

The Administrative Penalty Tribunal's public members serve as Hearing Officers and have the following responsibilities:

• Review materials filed with each application they hear;
• Conduct mediations, where appropriate;
• Preside over hearings and render written decisions based on the information presented; and
• Attend business meetings and training sessions, as required.

In addition to the above responsibilities for public members, the Chair of the tribunal has the following responsibilities:

• Ensure that the tribunal's hearing practices are fair and effective;
• Ensure quality and consistency of the tribunal's decisions;
• Act as the tribunal's lead representative and spokesperson;
• Obtain external legal advice, as needed;
• Prepare the Annual Report to Toronto City Council on the tribunal's activities;
• Chair the tribunal's business meetings;
• Liaise with City staff on administrative support matters;
• Coordinate member training and professional development; and
• Respond to information- and privacy-related matters respecting the tribunal.

Each hearing is conducted by one public member.

Term of office

The term of office for public members is four years, and public members serve until their successors are appointed.

Composition

The Administrative Penalty Tribunal consists of 25 public members who serve as Hearing Officers, one of whom serves as the Chair. City Council appoints the tribunal's Chair.

Eligibility criteria

In addition to the eligibility requirements set out in the Public Appointments Policy, the Administrative Penalty Tribunal's public members must satisfy the following additional eligibility requirements:

• Cannot be former Members of Council who served in the immediately preceding term of City Council;
• Cannot act as agents for applicants before the Administrative Penalty Tribunal and other City administrative tribunals (e.g., the Committee of Adjustment, the Compliance Audit Committee, the Property Standards Committee/Fence Viewers, the Rooming House Licensing Commissioner and Deputy Commissioner, the Sign Variance Committee, the Toronto Licensing Tribunal, the Toronto Local Appeal Body, etc.) and would be required to resign from the tribunal before doing so; and/or
• Cannot act as agents for applicants or individuals appearing in Provincial Offences Court.

Qualifications

The Administrative Penalty Tribunal's public members should collectively have the following skills, experience, and expertise:

• Experience in adjudication and mediation;
• Knowledge and/or experience with the City of Toronto's traffic and parking By-laws;
• Excellent listening skills and the ability to analyze complex information received;
• Sound judgement, tact, fairness, and decorum;
• Ability to write clearly and concisely;
• Demonstrated high ethical standards and integrity;
• Ability to work under pressure to ensure timely hearing decisions; and/or
• Respect for access to justice, diversity, and accommodation.

In addition to the above qualifications for public members, the Chair of the tribunal should bring the following skills, experience, and expertise:

• Demonstrated leadership and administrative skills;
• Highly developed chairing and facilitation skills;
• Demonstrated ability to work effectively with others;
• Knowledge of access to information and privacy legislation; and/or
• The ability to effectively represent the tribunal and communicate with Toronto City Council, City committees, the media, and the general public.

Candidates may be required to write a written test to help assess their competencies for the tribunal.

Meetings

The Administrative Penalty Tribunal's hearings and business meetings will take place weekdays during business hours electronically. Public members will be required to conduct hearings 2-3 days per week or 6-12 days per month. Hearings are expected to last approximately 7 hours and will begin at 8:30 a.m. and finish at 4:30 p.m. Public members are not guaranteed to work a minimum number of hearings per week.

Remuneration

The Administrative Penalty Tribunal's public members will receive the following remuneration:

• a full-day per diem of $460 and half-day remuneration (3.5 hours or less) of $275 for hearings, business meetings or training sessions
• In addition to receiving the above remuneration, public members receive an annual stipend of $1,500 and the Chair receives an annual stipend of $25,000.

Public members will not be reimbursed for their transportation and parking costs.

Relevant links

• Administrative Penalty Tribunal website
• Staff Report on Administrative Penalty System for Parking Violations - Revised Implementation Date
• Staff Report on Administrative Penalty System for Parking Violations