Item - 2016.GM13.12

The Government Management Committee recommends that:

1.  City Council establish a system of administrative penalties for parking violations under, and in accordance with, the requirements of Ontario Regulation 611/06 of the City of Toronto Act, 2006 and generally as set out in Attachments 1 and 2 to the report (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services to be effective May 15, 2017.

2.  City Council establish an Administrative Penalty Tribunal composed of 25 public members ("Hearing Officers"), inclusive of a Chair, and approve the Tribunal governance structure outlined in Attachment 4 to the report (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services, such Tribunal to be operational effective May 15, 2017.

3.  City Council authorize the City Solicitor to introduce the necessary bills to amend the existing by-laws to which the City's system of administrative penalties applies, as outlined in Attachment 2 to the report (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services, for the purpose of establishing these by-laws as designated by-laws under O. Reg. 611/06 and to indicate that the penalty amount set out in Column 3 of Attachment 2 to the report (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services will become the amount of the corresponding administrative penalty.

4.  City Council delegate to the City Solicitor the authority to appoint Screening Officers, who will be City employees, required by O. Reg. 611/06 to respond to requests for review of penalty notices issued under the City's administrative penalty system established under that regulation.

5.  City Council authorize the City Solicitor, the Treasurer and the Director, Court Services, to prepare the necessary policies, practices, and procedures required by O. Reg. 611/06 and make them publicly available on the City's website.

6.  City Council direct staff to submit the administrative fees listed in Attachment 3 to the report (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services and the recommendation to eliminate online and telephone payment fees outlined in this report for consideration as part of the 2017 budget process and authorize the City Solicitor to amend the new Municipal Code Chapter 610, Penalties, Administration Of, to incorporate the administrative fees in support of the proposed Administrative Penalty System Program as adopted through the annual budget process.

7.  City Council direct the Director, Court Services in consultation with the City Solicitor and the City Clerk to prepare a draft Procedure By-law, to enable the governance and administration of the Administrative Penalty Tribunal for consideration of the Tribunal prior to commencement of its first hearing.

8.  City Council authorize the City Solicitor to introduce the necessary bills to enact new Municipal Code Chapter 610, Penalties, Administration of, to give effect to the system of administrative penalties, procedures and the Administrative Penalty Tribunal as generally outlined in the report (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services, and generally outlined in Attachments 1, 2, 4 and 5 inclusive to the report, and to include any necessary clarifications, refinements, minor modifications or technical amendments as may be identified by the City Solicitor, such chapter to come into force on May 15, 2017.

9.  City Council authorize the City Solicitor to introduce any necessary bills to amend the proposed Municipal Code Chapter 610 and its schedules, and the designated by-laws outlined in Attachment 2 to the report (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services, to reflect any changes to the text and/or Schedules of the various designated by-laws between the date City Council adopts this Item and May 15, 2017, the date the proposed Code Chapter 610 comes into force.

10.  City Council authorize the City Solicitor, in consultation with the City Clerk, to introduce any necessary bills to amend Municipal Code Chapter 217, Records, Corporate (City), 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 (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services, and generally outlined in Attachments 1, 2, 4 and 5 inclusive to the report, such amendments to come into force on May 15, 2017.

11.  City Council authorize a two office in person screening location model supported by increased use of online services as outlined in the report (May 24, 2016) from the City Solicitor, the Treasurer, and the Director, Court Services.

12.  City Council direct staff to submit the estimated start-up costs to cover necessary construction costs and enforcement system upgrades as well as the incremental operating requirements including proposed staffing changes in support of the implementation of the proposed Administrative Penalty System program for consideration as part of the 2017 budget process.

13.  City Council forward this report to the Toronto Police Services Board, with a request that it direct the Transformation Task Force to consider and review opportunities for efficiencies and associated savings in parking enforcement from the implementation of the proposed Administrative Penalty System, and include any necessary recommendations in its Final Report in advance of the 2017 budget cycle.

This report proposes that City Council approve the governance and administrative requirements to establish an Administrative Penalty System (APS) for parking violations (i.e. parking tickets) that will include an Administrative Penalty Tribunal. Under the City of Toronto Act, 2006, and a July 2015 amendment to Ontario Regulation 611/06, Administrative Penalties, the City can establish an administrative penalty and dispute resolution process for all parking violations. Adopting an administrative structure for parking disputes will divert non-complex matters from the provincial courts freeing up limited court time for more serious matters. Several municipalities in Ontario have already implemented APS programs for parking violations. Administrative penalties are well established at the provincial and municipal levels and have become an effective instrument of modern governance.

The new administrative process proposed in this report, with its associated policies and procedures will:

Provide a fair and equitable dispute resolution process for parking disputes ensuring that individuals who contest an administrative penalty (i.e. parking fines) for a parking violation receive an impartial review in a timely manner, ideally under 60 days.

Provide customers with greater access to dispute resolution services through the implementation of processes and technologies, including on-line options for disputing or paying a penalty, that are more accessible and efficient than those currently allowed under the Provincial Offences Act (POA).

Allow the City sufficient flexibility to respond to fluctuating parking dispute levels, while building capacity within the court system for the processing of more serious offences.

Help the City regulate the flow of traffic by promoting compliance with its by-laws respecting the parking, standing, or stopping of motor vehicles.