TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on February 4, 5, and 6, 1998

EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

REPORT No. 1

1 Amendments to By-law No. 20-85 - Sale of Tobacco Products

2 Other Items Considered by the Committee

City of Toronto

REPORT No. 1

OF THE EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

(from its meeting on January 13, 1998,

submitted by Councillor Dennis Fotinos, Chair)

As Considered by

The Council of the City of Toronto

on February 4, 5, and 6, 1998

1

Amendments to By-law No. 20-85 - Sale of Tobacco Products

(City Council on February 4, 5 and 6, 1998, adopted this Clause, without amendment.)

The Emergency and Protective Services Committee recommends that:

(a) section 3 of schedule 11 of By-law No. 20-85 be amended to read as follows:

"3. Every person to whom this Schedule relates shall at all times post and keep posted in a conspicuous place in the premises, in a manner satisfactory to the Metropolitan Licensing Commission, a sign or signs advising that federal legislation prohibits the sale of tobacco to any person under the age of eighteen years and that provincial legislation imposes restrictions on the sale of tobacco to persons under the age of nineteen years.";

(b) section 2(13) of By-law No. 20-85 be amended to read as follows:

"2. There shall be taken out by:

(13) the keeper of every store or shop (other than a hotel as defined by the Municipal Act) where tobacco, cigars or cigarettes are offered for sale or sold by retail;

a licence from the Commission authorizing them respectively to carry on their several trades, callings, businesses, and occupations in the Metropolitan Area for which said licence the person obtaining the same shall pay to the Commission at the time of taking out such licence the fee fixed by this By-law, and no person shall, within the limits of the Metropolitan Area, carry on or engage in any of the said trades, callings, businesses or occupations, until he has procured such licence to do so."

The Emergency and Protective Services Committee submits the following report (December 30, 1997) from the General Manager, Metropolitan Licensing Commission:

Recommendation

The attached reports from Amanda Ross, Metropolitan Licensing Commission's Prosecutions Officer, regarding By-law Amendment to Section 3 of Schedule 11 - Sale of Tobacco to persons Under Age, and By-law Amendment to Section 2, Subsection 13 - Change in Enforcement Policy were before the Metropolitan Licensing Commission's Business meeting on November 21, 1997. The Commission approved the reports and requested that they be forwarded to Council for implementation.

Conclusion:

Emergency and Protective Services Committee adopt the recommendation set out in this report.

Contact Name and Telephone Number:

Carol Ruddell-Foster, General Manager

Metropolitan Licensing Commission

416-392-3070

(Report dated November 6, 1997, addressed to the

Chair and Members, Metropolitan Licensing Commission, from

Ms. Amanda Ross, Prosecutions Officer, Metropolitan Licensing Commission,

headed "By-law Amendment to Section 3 of Schedule 11".)

Background

Section 3 of Schedule 11 requires keepers of stores where tobacco, cigars or cigarettes are sold by retail to post a sign advising that federal legislation prohibits the sale of tobacco to any person under the age of sixteen years and that provincial legislation prohibits the sale of tobacco to persons under the age of eighteen years.

Section 8 of the Tobacco Act, the federal legislation referred to in section 3 of Schedule 11, prohibits the sale of tobacco to persons under the age of eighteen years.

Section 3 of the Tobacco Control Act, the provincial legislation referred to in section 3 of Schedule 11, prohibits the sale of tobacco to persons under the age of nineteen years.

Recommendation

It is recommended that Section 3 of Schedule 11 be amended to reflect the relevant federal and provincial legislation, so that the section will read as follows:

3. Every person to whom this Schedule relates shall at all times post and keep posted in a conspicuous place in the premises, in a manner satisfactory to the Metropolitan Licensing Commission, a sign or signs advising that federal legislation prohibits the sale of tobacco to any person under the age of eighteen years and that provincial legislation imposes restrictions on the sale of tobacco to persons under the age of nineteen years.

(Report dated October 9, 1997, addressed to the

Chair and Members, Metropolitan Licensing Commission, from

Ms. Amanda Ross, Prosecutions Officer, Metropolitan Licensing Commission,

headed "By-law Amendment to Section 2, Subsection 13".)

Background

Section 2(13) of By-law 20-85 requires the keeper of every store or shop where tobacco, cigars or cigarettes are sold by retail, to be licensed.

On September 24, 1997, Her Worship J. Burgess dismissed a charge of Keeper of Store where Cigarettes are Sold - No Licence, on the basis that the Prosecution had not proved that cigarettes were indeed sold. The Prosecution's evidence consisted of a Licensing Enforcement Officer's testimony of having observed boxes of cigarettes on a counter with a sign adjacent to them indicating the prices. The Licensing Enforcement Officer did not observe any actual sales of cigarettes. It was on that basis that Her Worship dismissed the charge.

Recommendation

Instead of changing the enforcement policy and imposing a requirement on Licensing Enforcement Officers to purchase a package of cigarettes before laying a charge, it is recommended that the By-law be amended to include the words "offered for sale", so that section 2(13) will read as follows:

2. There shall be taken out by:

(13) the keeper of every store or shop (other than a hotel as defined by the Municipal Act) where tobacco, cigars or cigarettes are offered for sale or sold by retail;

a license from the Commission authorizing them respectively to carry on their several trades, callings, businesses, and occupations in the Metropolitan Area for which said licence the persons obtaining the same shall pay to the Commission at the time of taking out such licence the fee fixed by this By-law, and no person shall, within the limits of the Metropolitan Area, carry on or engage in any of the said trades, callings, businesses or occupations until he has procured such licence so to do.

2

Other Items Considered by the Committee

(City Council on February 4, 5 and 6, 1998, received this Clause, for information.)

(a) Radio Communications Switch for the Toronto Police Service.

The Emergency and Protective Services Committee reports having:

(i) recommended to the Strategic Policies and Priorities Committee the adoption of the report dated December 15, 1997, from the Chair, Metro Toronto Police Services Board, wherein it was recommended that:

"The Emergency and Protective Services Committee approve a request for pre-budget approval in the amount of $5.0 million, along with the release of funds, from the new City Council for a replacement radio dispatch switch for the Toronto Police Service."

(ii) forwarded this matter to the Strategic Policies and Priorities Committee for consideration on January 19, 1998, in view of the time constraints;

(iii) requested the Chief Financial Officer and Treasurer to submit a report to the Strategic Policies and Priorities Committee on January 19, 1998, on the overall capital budget of the Toronto Police Service;

(iv) requested the Chair of the Toronto Police Services Board to submit a report to the Strategic Policies and Priorities Committee on January 19, 1998, providing further details on this expenditure; and

(v) directed that a copy of this report also be forwarded to the Budget Committee for information.

(December 15, 1997) from the Chair, Metro Toronto Police Services Board, respecting a replacement radio dispatch switch for the Toronto Police Service.

________

The following persons appeared before the Emergency and Protective Services Committee, on behalf of the Toronto Police Service, in connection with the foregoing matter:

- Mr. Hugh Moore, Chief Administrative Officer; and

- Deputy Chief Steve Reesor.

(b) Results of the Metropolitan Toronto Police Alarm Cost Recovery Program.

The Emergency and Protective Services Committee reports having received the following report for information:

(December 15, 1997) from the Chair, Metro Toronto Police Services Board, advising that the Metropolitan Toronto Police Services Board on December 12, 1997, was in receipt of a report (October 27, 1997) from David J. Boothby, Chief of Police, entitled "One Year Report on the Alarm Cost Recovery Initiative"; such report advising that in September 1996, the Metropolitan Toronto Police Service commenced a process of levying fees against Alarm Central Monitoring Stations when they called upon the police to respond to false alarms; that since the start of this process, the Service has faced a number of challenges, including a legal challenge to the by-law, and refusals to pay the invoiced fees; that the legal challenge put forth by the Canadian Alarms and Security Association (CANASA) has been abandoned and Central Monitoring Stations are now paying invoiced fees; that during the period of September 1996 to September 1997, the Service issued invoices totalling $2,122,248.79, for responding to 26,968 false alarm calls; that the Service has seen a significant reduction in alarm calls since the implementation of the cost recovery initiative; that over the last six months service demands and revenue levels have stabilized; that it is expected that revenue and service demands relating to false alarms will remain within 10-15 per cent of our current level for the next 12 months; that the revenue projection for 1998 is approximately $1.7 million; and that the Board recommended that the aforementioned report be received for information.

(c) Standing Committee Briefings.

The Emergency and Protective Services Committee reports having:

(i) requested the Commissioner of Ambulance Services to report on the impact of the elimination of the provincial subsidy on ambulance services;

(ii) established three working groups comprised of the Chair (as an ex-officio member) and the following members of the Emergency and Protective Services Committee to meet regularly and monitor the work of the Service Review Teams with respect to the amalgamation of the Fire Department; the restructuring of the Toronto Licensing Commission and the coordination of by-law enforcement functions for the new City and that the Service Review Teams report regularly through the proposed working groups to this Committee:

Working Group on Amalgamation of Fire Department

Councillor B. Balkissoon

Councillor B. Duguid

Councillor D. Fotinos, Chair (ex-officio)

Councillor N. Gardner

Councillor M. Giansante

Councillor D. Minnan-Wong

Councillor F. Nunziata

Working Group on Coordination of By-law Enforcement Functions

Councillor B. Ashton

Councillor M. Berger

Councillor J. Flint

Councillor D. Fotinos, Chair (ex-officio)

Working Group on Restructuring of Toronto Licensing Commission

Councillor D. Holyday

Councillor D. Fotinos, Chair (ex-officio)

Councillor D. Minnan-Wong

Councillor F. Nunziata

(iii) established three working groups comprised of the Chair (as an ex-officio member) and the following members of the Emergency and Protective Services Committee to review the budgets of the Toronto Police Services Board, the Ambulance\Fire services and the Toronto Licensing Commission:

Budget Working Group - Toronto Police Services Board

Councillor B. Ashton

Councillor B. Duguid

Councillor D. Fotinos, Chair (ex-officio)

Councillor N. Gardner

Councillor F. Nunziata

Budget Working Group - Toronto Licensing Commission

Councillor D. Holyday

Councillor D. Fotinos, Chair (ex-officio)

Councillor D. Minnan-Wong

Councillor F. Nunziata

Budget Working Group - Fire\Ambulance Services

Councillor B. Balkissoon

Councillor B. Duguid

Councillor D. Fotinos, Chair (ex-officio)

Councillor N. Gardner

Councillor M. Giansante

Councillor D. Minnan-Wong

Councillor F. Nunziata

(iv) requested the Acting Executive Commissioner of Emergency and Protective Services to submit a report to the Committee on:

(1) current studies and reviews of the three protective services; and

(2) a work plan to achieve re-organizational efficiencies;

(v) requested the Chair to report to the Committee on a protocol for consultation with Community Councils and the respective agencies, boards and commissions on issues of input and timing with respect to budgets, service standards and reorganization;

(vi) referred the following communications to the respective Working Groups for their information;

(1) (January 13, 1998) from Councillor D. Fotinos, Toronto - Davenport, addressed to the Acting Executive Commissioner of Emergency and Protective Services, requesting that a report be submitted to the February 10, 1998, meeting of the Emergency and Protective Services Committee regarding the policy development and adjudication functions of the Toronto Licensing Commission; and

(2) (January 13, 1998) from Councillor D. Fotinos, Toronto - Davenport, addressed to the Acting Executive Commissioner of Emergency and Protective Services, requesting that a report be submitted to the Emergency and Protective Services Committee on the feasibility and desirability of combining all the by-law enforcement functions of the various departments under one roof and advising that he would be recommending to the Committee that a task force be convened to work with staff to rationalize by-law enforcement in the City; and

(vii) directed that the Special Committee to Review the Final Report of the Toronto Transition Team be informed of the foregoing action.

Briefings were received by the Emergency and Protective Services Committee from the following persons:

Barry Gutteridge

Acting Executive Commissioner of Emergency and Protective Services

Harold Bratten, Interim Lead

By-law Enforcement/Licensing

John Dean, Commissioner of Ambulance Services

Al Speed, Fire Chief

Deputy Chief Steve Reesor

Hugh Moore, Chief Administrator Officer

Toronto Police Service

________

The following Members of Council also appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

Councillor J. Adams, Midtown

Councillor I. Bossons, Midtown; and

Councillor H. Moscoe, North York Spadina

(d) Proposal to Retain Special Committees and Task Forces Pending Completion of the Review of the Transition Team Report.

The Emergency and Protective Services Committee reports having referred the following communication to the City Clerk and the Acting Executive Commissioner of Emergency and Protective Services for a report to the Committee on February 10, 1998, and having requested the committees and task forces listed therein to continue to meet in the interim with their existing memberships.

(January 13, 1998) from Councillor Jack Layton, Don River, recommending that:

(i) the following special committees and task forces be encouraged to continue to meet and carry on their important work, pending the outcome and implementation of Council's review of the Transition Team Report and that the appropriate staff continue to support the work of these entities as they have in the past:

East York Safety Council

Emergency Planning Advisory Committee

Etobicoke Crime Scope

Safe City Committee

Safety Council (City of Etobicoke)

Taxis on Patrol Committee (Metro)

(ii) as interim reporting arrangement, these committees and task forces report through the Emergency and Protective Services Committee.

________

Councillor J. Layton, Don River, appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.

(e) Emergency and Protective Services Committee Membership - 1998.

The Emergency and Protective Services Committee reports having received the following report for information:

(January 9, 1998) from the City Clerk advising that City Council, at its meeting held on January 2, 6, 8 and 9, 1998, appointed the following as members of the Emergency and Protective Services Committee, for a term of office expiring on May 31, 1999, and/or until their successors are appointed:

Councillor B. Ashton

Councillor B. Balkissoon

Councillor M. Berger

Councillor B. Duguid

Councillor J. Flint

Councillor N. Gardner

Councillor M. Giansante

Councillor D. Holyday

Councillor D. Minnan-Wong

Councillor F. Nunziata

Mayor M. Lastman, Ex-officio

Councillor D. Fotinos, Committee Chair

(Councillor Gardner, at the meeting of City Council on February 4, 5 and 6, 1998, declared his interest in Item (b), headed "Results of the Metropolitan Toronto Police Alarm Cost Recovery Program", embodied in the foregoing Clause, in that he is a member of the Board of Directors of an alarm company.)

Respectfully submitted, DENNIS FOTINOS,

Chair

Toronto, January 13, 1998

(Report No. 1 of The Emergency and Protective Services Committee, including additions thereto, was adopted, without amendment, by City Council on February 4, 5 and 6, 1998.)