Item - 2022.PH32.2

The Planning and Housing Committee recommends that:

1. City Council approve an increase in the Toronto Local Appeal Body Member composition from ten (10) to fourteen (14) part-time Members including a Chair and Vice-Chair.

 
2. City Council approve a half-day per diem rate for Review Request hearings for the Chair and Vice-Chair of the Toronto Local Appeal Body effective April 1, 2022.

This report responds to City Council's direction to the City Manager to report back to the Planning and Housing Committee by the first quarter of 2022 on the following:

1. The operations of the Toronto Local Appeal Body (TLAB) relative to its original intent, with public engagement, with the intended outcome of simplifying the hearing process and increasing public participation.
2. Extending compensation to the Chair and Vice-Chair for hearing time in Review Requests that is currently afforded to Toronto Local Appeal Body Members.
3. For the Chair to be represented and included in the preparation of the annual Toronto Local Appeal Body budget, in consultation with Court Services.
4. Amending the Fees, Licences, and Charges By-law to incorporate a 'Toronto Local Appeal Body Review Request Fee' in the amount of $300 per property address.

The Toronto Local Appeal Body is an independent, quasi-judicial tribunal established through City of Toronto Municipal Code Chapter 142, Local Appeal Body, the City of Toronto Act, and relies on other provincial legislation. The City of Toronto Act allows for the creation of a local appeal body for land-use planning disputes related to applications under Sections 45 and 53 of the Planning Act.

Toronto Local Appeal Body Member responsibilities are outlined in Municipal Code Chapter 142. They include conducting mediations, presiding over hearings, and rendering a written decision on hearings based on the evidence presented in accordance with the Toronto Local Appeal Body's Rules of Practice and Procedure and the Statutory Powers Procedure Act. Toronto Local Appeal Body Chair responsibilities were adopted by City Council in 2016 through the Toronto Local Appeal Body Governance Structure. The Chair's responsibilities are associated with the adjudication process, Member training and development, representing the Toronto Local Appeal Body, and annual reporting to Committee and Council on the Toronto Local Appeal Body's activities.

This report recommends that City Council approve an increase in the Toronto Local Appeal Body Member composition from ten to fourteen part-time Members including a Chair and Vice-Chair. The purpose of this increase is to alleviate workload pressures on individual Toronto Local Appeal Body Members in order to promote timely outcomes. It is important to note that any recruitment of additional Toronto Local Appeal Body Members in 2022 would need to be completed before Council's final meeting in July 2022. If this timeline is not met, the City would not be able to bring forward additional Toronto Local Appeal Body Member nominees until Q2 2023 due to the municipal election and recruitment appointment priorities.

This report also recommends that remuneration for Review Request hearing time be given to the Chair and Vice-Chair effective April 1, 2022.