Decisions

The Licensing and Standards Committee:

1.  Received for information the Chair of the Toronto Licensing Tribunal's 2015 Annual Report as contained in Attachment 1 of the report (May 5, 2016) from the Executive Director, Municipal Licensing and Standards.

In accordance with the Relationship Framework approved by City Council for the Toronto Licensing Tribunal, the Chair's 2015 Annual Report as contained in Attachment 1 is being transmitted to Licensing and Standards Committee for information.

The Licensing and Standards Committee deferred the item until September 21, 2016 with the request that the Executive Director, Municipal Licensing and Standards establish a working group with representatives from the Toronto Noise Coalition, Residents’ Associations, construction and entertainment business associations, BIAs, and other relevant stakeholders, and report back on September 21, 2016.

Municipal Licensing and Standards (ML&S) reported to Licensing and Standards Committee on proposed amendments to Chapter 591, Noise at its meeting of January 22, 2016.

Licensing and Standards Committee referred the report back for additional consultation on the proposed amendments to the Noise By-law. The Committee also requested additional information on the number of staff necessary to adequately enforce the by-law and preliminary research on options to ban or restrict leaf blowers.

ML&S staff have engaged further with the public, stakeholders and other divisions. ML&S staff have collected additional comments from over 380 community members in-person and through email, a resident initiated survey which gathered an additional 300 residents' comments and written comments from 18 resident and neighbourhood associations. Staff also consulted with an external acoustical engineer who was retained to provide technical expertise on noise limits and noise measurement. The proposals in this report take into consideration the additional public, stakeholder and technical feedback received.

A revised version of the amendments to Chapter 591, Noise is contained in Attachment 1 of this report for Committee and Council consideration.

The Licensing and Standards Committee recommends that:

1.  City Council delegate to the Executive Director, Municipal Licensing and Standards the authority to waive witness fees for Landlord and Tenant Board proceedings when Municipal Standards Officers are summoned to attend by a tenant.

2.  City Council request the Executive Director, Municipal Licensing and Standards to:

a.  Develop policies, procedures and service standards for initiating remedial action and prosecutions for non-compliant landlords; and

b.  Develop a system that identifies, classifies, and weights property standard violations to facilitate the future development of a building quality rating system for multi-residential buildings.

3. City Council direct the Executive Director, Municipal Licensing and Standards, to apply the normal enforcement process for violations of a municipal by-law, including the timely escalation of enforcement to include Notice of Violation or Orders to Comply if compliance is not achieved, for alleged contraventions of Chapter 629-19 (stairway railing safety) discovered as part of Multi-Residential Apartment Building (MRAB) audits.

This report provides the annual update on the Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program. The goal of the program is to ensure that minimum property and maintenance standards within multi-residential rental properties are maintained in accordance with the City's property standards by-laws and other applicable regulations. The goal contributes to ML&S's overarching vision that every person deserves a safe, secure and decent place to live. Since 2008, the program has audited 1,046 rental apartment buildings in Toronto.

This report describes operational enhancements undertaken in 2015 to improve efficiency and increase the impact of the MRAB program on the quality of rental housing in Toronto. The enhancements focussed on resolution and escalated enforcement, increased landlord engagement, new collaborations with stakeholders and a city-wide tenant education campaign. In response to requests from tenant organizations, this report proposes that City Council delegate to the Executive Director, Municipal Licensing and Standards the authority to waive witness fees for Landlord and Tenant Board proceedings when Municipal Standards Officers are summoned to attend by a tenant.

This report also provides 2015 year-end data related to program activities. In 2015, MRAB staff conducted 193 pre-audit assessments and 84 audits of multi-residential apartment buildings. Staff also conducted 1,917 re-inspections, closing 575 orders and rectifying 6,607 deficiencies. In response to wilfully non-compliant building owners, staff conducted six remedial actions that resulted in $111, 331.94 being added to the owners' property taxes. As a result of these activities, the rate of compliance with orders in private and TCH-owned buildings has increased from 82% to 89% since the last annual report.

The Tenant Issues Committee, on May 17, 2016, considered Item TD3.2 regarding the Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report.

The Licensing and Standards Committee recommends that:

1. City Council direct the Executive Director, Municipal Licensing and Standards to conduct public consultation on the proposed framework for a multi-residential rental property licence, such consultation to seek input on a variety of staffing and service levels; and report back in the fall of 2016 on:

                  a.  the consultation findings,

                  b.  a draft by-law,

                  c.  associated fee,

                  d.  budget and staffing model,

                  e.  proposed administrative monetary penalties,

                  f.  final proposed licensing fees,

                  g.  public education, communication and tenant engagement plan,

                  h.  technology requirements,

                  i.  implementation schedule, and

                  j.  fee reductions for demonstrated compliance with property standards by-laws.

This report outlines a proposed framework for licensing multi-residential rental properties as a regulatory tool for contributing to safe and adequate rental housing in Toronto. The framework was drafted in response to direction from Licensing and Standards Committee. The report summarizes the results of a jurisdictional scan, as well as preliminary stakeholder consultations with tenant organizations, landlord groups, Toronto Community Housing and staff from relevant City divisions.

The licensing framework proposed in this report will be the subject of further public consultations to assess its impact on tenants, landlords and other stakeholders. The framework incorporates existing enforcement activities related to multi-residential properties such as building audits as well as in-suite inspections. It also creates additional requirements to improve the sustainability of minimum property standards in rental properties such as annual inspections and maintenance plans. The estimated costs of administering and enforcing the proposed licence are outlined in this report, including an estimated licensing fee of $12 to $15 per unit based on cost recovery. However, further analysis is required.

This report also responds to other opportunities and challenges raised during the stakeholder consultations and Committee meetings related to the licensing framework and strengthening the City's response to non-compliant landlords.

Legal Services and Shelter, Support and Housing Administration were consulted in the preparation of this report.

The Tenant Issues Committee, on May 17, 2016, considered Item TD3.3 regarding the Proposed Framework for Multi-Residential Rental Property Licence.

The Licensing and Standards Committee recommends that:

1.  City Council approve the list of grant applications for the 2016 StART Partnership program as outlined in Appendix A, attached to the report (May 2, 2016) from the General Manager, Transportation Services.

StreetARToronto (StART) is a partnership program launched in 2012 as a central feature of the City's Graffiti Management Plan.  It is a proactive approach to both eliminating graffiti vandalism and supporting street art that adds character and visual interest to city streets.  Initiated as part of the Community Partnership and Investment Program (CPIP), StART is administered by the Transportation Services, Public Realm Section, which is also responsible for coordinating and implementing all non-enforcement related components of the Graffiti Management Plan.

StART engages and links residents, community groups, artists and arts organizations with each other as well as with City staff and Councillors.  To expand the geographical reach of street art projects across the city, Public Realm staff conducted a broad outreach program including Information Session in all four districts. At the Information Sessions, and in response to enquiries, StART staff encouraged potential applicants to develop projects for locations in wards where StART Partnership Program murals have not yet been installed.  These priorities were also shown on the City's website.

This report recommends funding for 17 mural projects to be delivered by community-based organizations under the 2016 StART Partnership Program including installations in two wards which currently do not have a StART Partnership mural. Staff met with all Councillors representing wards without a mural and we are confident that the target for mural installations in all 44 wards will be met by 2017 either by the StART Partnership program or other StART initiatives.

The Licensing and Standards Committee deferred the item until September 21, 2016, with the request that  the Executive Director of Municipal Licensing and Standards report at that time on the full inventory of enforcement tools available to the Division for enforcement purposes, including information on the following:

a.  the circumstances under which a warrant would be sought by MLS for an investigation;

b.  the circumstances under which MLS would exercise the authority for an emergency licence suspension; and

c.  the number of times the aforementioned enforcement tools have been used by MLS over the past 10 years."

The Licensing and Standards Committee deferred consideration of the item until June 27, 2016 and requested the Executive Director, Municipal Licensing and Standards, in consultation with the Medical Officer of Health and the Chief of the Toronto Police Service, to report at that time on a regulatory framework for marijuana dispensaries, such report to include:

1.  A review of the current operations of marijuana dispensaries in the City of Toronto.

2.  A review of regulations in other jurisdictions including Vancouver, which have introduced measures to address concerns regarding marijuana dispensaries.

3.  Recommendations to address concerns, including the feasibility of licensing marijuana dispensaries and other regulatory mechanisms to regulate the proximity of these establishments to schools and other educational facilities, childcare and other sensitive uses.

Over the past few months, residents and businesses in different parts of Toronto have raised concerns about the rising number of marijuana dispensaries opening in their neighbourhoods. The speed with which these storefronts are proliferating, and the concentration of dispensaries in some areas of our city, is alarming.

We respect the federal government's decision to legalize possession of marijuana for non-medical purposes. Going forward, the city has a responsibility to ensure this emerging industry operates responsibly, without a negative impact on the health and safety of our residents and neighbourhoods.

Left unaddressed, the number of these dispensaries will only increase. This proliferation brings with it potential health risks for individuals who patronize dispensaries where the substance for sale is completely unregulated. It also affects surrounding businesses and communities, who have valid concerns that must be addressed – in particular, concerns about access by minors.

I request the Committee direct a review of the current operations of marijuana dispensaries in the City of Toronto, and ask staff to recommend steps to address concerns, including the feasibility of licensing marijuana dispensaries and other regulatory mechanisms to regulate the proximity of these establishments to schools, childcare and other sensitive uses. I would also ask that you request a review of regulations in other jurisdictions, including Vancouver, which have introduced measures such as licensing fees for dispensaries and regulations controlling their proximity to schools, community centres and other dispensaries.