Item - 2019.IE6.9
Tracking Status
- City Council adopted this item on July 16, 2019 without amendments and without debate.
- This item was considered by the Infrastructure and Environment Committee on June 27, 2019 and adopted without amendment. It will be considered by City Council on July 16, 2019.
IE6.9 - Administrative Penalty System for the Red Light Camera and Future Automated Speed Enforcement Programs - Status Update
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Wards:
- All
City Council Decision
City Council on July 16, 17 and 18, 2019, adopted the following:
1. City Council request the Province to amend the Highway Traffic Act, develop regulations under the Highway Traffic Act, potentially amend the Provincial Offences Act, and make any requisite amendments to any existing regulations to the City of Toronto Act, 2006, to permit the City of Toronto to use an Administrative Penalty System for offences enforced through the use of an Automated Speed Enforcement system and the Red Light Camera system and to ensure revenue from these offences administered through an Administrative Penalty System be payable to the City of Toronto to recover program costs.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2019/ie/bgrd/backgroundfile-134671.pdf
IE6.9 - Administrative Penalty System for the Red Light Camera and Future Automated Speed Enforcement Programs - Status Update
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Infrastructure and Environment Committee recommends that:
1. City Council request the Province to amend the Highway Traffic Act, develop regulations under the Highway Traffic Act, potentially amend the Provincial Offences Act, and make any requisite amendments to any existing regulations to the City of Toronto Act, 2006, to permit the City of Toronto to use an Administrative Penalty System for offences enforced through the use of an Automated Speed Enforcement system and the Red Light Camera system and to ensure revenue from these offences administered through an Administrative Penalty System be payable to the City of Toronto to recover program costs.
Origin
Summary
This report provides a status update on City Council's direction through Public Works and Infrastructure Item PW25.10 to investigate the feasibility of adopting an Administrative Penalty System (APS) for both the Red Light Camera (RLC) and future Automated Speed Enforcement (ASE) programs. An APS is an administrative dispute resolution structure that diverts matters from the provincial court system. The City's first APS was commenced on August 28, 2017 for parking violations.
The current provisions of the Highway Traffic Act ("HTA") and the Regulations under that Act, the City of Toronto Act, 2006 ("COTA") and O. Reg. 611/06, Administrative Penalties do not authorize the City to proceed with an APS for ASE offences. In addition, current legislation and regulations do not allow RLC offences to be processed through an APS. This report recommends that City Council request the Province to enact and/or amend legislation and regulations to allow the City to implement an APS for RLC and ASE offences under the HTA with revenues from these offences being made payable to the City of Toronto to recover program costs. Without the enabling statutory and regulatory provisions, staff cannot provide a full feasibility report including program recommendations to City Council. Once those provisions are in place, staff will report back on the feasibility of adopting an APS for the RLC and ASE programs.
At its January 31st and February 1st, 2018 meeting, City Council requested the City Manager to expedite the development of the business case for information technology (IT) solutions to advance the development of the APS for consideration in the 2018 budget process. A new APS case management system that provides financial management functionality and can accommodate all existing and future charges under the City's APS is critical to ongoing APS operations. Given the scope and complexity of a new APS case management system, the project has already been presented to the Strategy Portfolio and Review Committee for 2020 IT capital budget approval. Staff are currently developing a business case and will report to City Council through the 2020 budget process if additional capital funding is required to support the project.
Background Information
https://www.toronto.ca/legdocs/mmis/2019/ie/bgrd/backgroundfile-134671.pdf