TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on July 29, 30 and 31, 1998

EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

REPORT No. 8

1Proposed By-laws to Regulate Panhandling and Squeegee Activities

2Critical Care Transport Program

3Proposals for the Provision of Services Related to the Inspectionof Taxicabs, Livery Cabs including Limousinesand Driving School Vehicles

4Amendments to By-law No. 133-1998 - Fees and Chargesfor Services Provided by Toronto Fire Services

5Fire Services Shoulder Flash

6Final Report of the Task Force to Review the Taxi Industry

7Other Items Considered by the Committee

City of Toronto

REPORT No. 8

OF THE EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

(from its meeting on July 14, 1998,

submitted by Councillor Dennis Fotinos, Chair)

As Considered by

The Council of the City of Toronto

on July 29, 30 and 31, 1998

1

Proposed By-laws to Regulate Panhandling and Squeegee Activities

(City Council on July 29, 30and 31, 1998, considered this Clause together with Clause No. 2 of Report No. 7 of the Community and Neighbourhood Services Committee, headed "Diversion Options for Youth Involved in the Squeegee Trade".

City Council referred these Clauses, together with the following motions, to Mayor Lastman, Councillor Olivia Chow (City's Youth Advocate) and Councillor Dennis Fotinos (Chair, Emergency and Protective Services Committee):

Moved by Councillor Chow:

"That the Clause be struck out and referred to Mayor Lastman, Councillor Chow (City's Youth Advocate) and Councillor Fotinos (Chair, Emergency and Protective Services), for a report to the October meeting of the Emergency and Protective Services Committee and the Community and Neighbourhood Services Committee, on a detailed plan to address the issue of squeegee activities in the City, such plan to address the following:

(1)a response from the Federal and/or Provincial governments with respect to any legislative measures to be introduced by the Federal and/or Provincial governments; and

(2)a description of the specific strategies in the diversion programs to address those individuals who are truly in need."

Moved by Councillor Davis:

"That the foregoing motion by Councillor Chow be amended to provide that the report be submitted to a joint meeting of the Community and Neighbourhood Services Committee and the Emergency and Protective Services Committee."

Moved by Councillor Chong:

"That the foregoing motion by Councillor Chow be amended to provide that, in the interim, the Toronto Police Services Board be requested to use whatever laws are currently in existence to ensure that unsafe, obnoxious behaviour of windshield washers is curtailed or minimized."

Moved by Councillor Cho:

"That the foregoing motion by Councillor Chow be amended to provide that the report be submitted to a joint meeting of the Community and Neighbourhood Services Committee and the Emergency and Protective Services Committee and subsequently to City Council in November, 1998."

Moved by Councillor Bossons:

"That the foregoing motion by Councillor Chow be amended to provide that the Chief of Police be requested to submit a report to the joint meeting of the Community and Neighbourhood Services Committee and the Emergency and Protective Services Committee, providing factual information on the number of arrests that have been made for major offences such as drug-related offences or persons wanted on warrants."

Moved by Councillor Adams:

"That the foregoing motion by Councillor Chow be amended to provide that should City Council defer action about squeegee persons, that the City make available "No Thanks to Squeegee" signs to members of the public in the appropriate size to fit in automobile windshields."

Moved by Councillor Lindsay Luby:

"That the foregoing motion by Councillor Chow be amended to provide that the Province of Ontario be requested to introduce changes to the Highway Traffic Act, as soon as possible, to provide the City with the means to control the squeegee situation."

Moved by Councillor Moscoe:

"That the foregoing motion by Councillor Chong be referred to the joint meeting of the Community and Neighbourhood Services Committee and the Emergency and Protective Services Committee.")

The Emergency and Protective Services Committee recommends that:

(1)Recommendation No. (1) embodied in the report (July 13, 1998) from the City Solicitor be adopted subject to Part A thereof being amended by deleting all of the words after the word "activities" so that it reads as follows:

"A.No by-laws be enacted to regulate panhandling and squeegee activities;"

(2)the Toronto Association of Business Improvement Areas, the Commissioner of Community and Neighbourhood Services, the City Solicitor and the Chief of Police be requested to work with some representatives of the squeegee kids and report back to the Emergency and Protective Services Committee with practical suggestions to regulate squeegee activities on our streets, such as designating locations for squeegee areas and/or times.

The Emergency and Protective Services Committee reports, for the information of Council, having received a report (July 9, 1998) from the Commissioner of Community and Neighbourhood Services to be considered by the Community and Neighbourhood Services Committee on July 16, 1998, regarding diversion options for youth involved in the Squeegee Trade.

The Emergency and Protective Services Committee submits the following report (June 13, 1998) from the City Solicitor:

Purpose:

To report as requested to the July 14, 1998 meeting of the Emergency and Protective Services Committee with respect to the proposal by Councillor Ila Bossons for by-laws to regulate panhandling and squeegee activities within the City of Toronto.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendations:

It is recommended that City Council adopt EITHER Recommendation (1) A and B OR Recommendation (2) and/or Recommendation (3) as follows:

(1)A.No by-laws be enacted to regulate panhandling and squeegee activities within the City of Toronto until such time as the Province and/or the Federal government has provided the City and Police with the appropriate legislative authority to regulate these activities and effectively enforce such regulations; and

B.That the City Solicitor and the Chief of Police be requested to report back to your Committee concerning the status of any Provincial or Federal initiatives in this area;

OR

(2)If Council decides to enact a by-law to regulate panhandling activities within the City of Toronto, it authorize the City Solicitor to amend the by-laws of the former Metro and Area municipalities regulating highway obstructions to insert provisions in substantially the form attached as Appendix"A" to this report;

AND/OR

(3)If Council decides to enact a by-law to regulate squeegee activities within the City of Toronto, it authorize the City Solicitor to amend the appropriate by-laws of the former Metro and Area municipalities regulating highway obstructions to insert provisions in substantially the form attached as Appendix "B" to this report.

(4)That the appropriate City Officials be authorized and directed to take the necessary action to give effect to the above, including the introduction of any bills in Council.

Background:

At its meeting of June 16, 1998, your Committee had before it two communications from Councillor Ila Bossons recommending that City Council consider the passage of by-laws to regulate panhandling (similar to that in force in the City of Vancouver) and squeegee activities within the City of Toronto.

As a result, your Committee has requested that I report back on the legality and enforceability of such proposals, including any information with respect to the effect of the City of Vancouver By-law.

Comments and/or Discussion and/or Justification:

General Legal Issues:

(a)Statutory Authority:

There are no statutory provisions which provide express authority to municipalities in Ontario to pass by-laws for the purposes of regulating or prohibiting panhandling or squeegee activity. Therefore, any by-law to prohibit or regulate such activities would have to be authorized by the City's general authority in the Municipal Act to deal with public nuisances (ss.210(140)), the obstruction or encumbrance of the public highway (ss. 314(1)1) and the safety and welfare of the citizens of the municipality (s. 102). The tendency of the Courts to restrict municipal authority means that the legality of such a by-law, if challenged, is not without doubt. The City would need to make a strong case to show that actual obstruction, inconvenience or a threat to public safety does occur as a result of the prohibited activity and great care must be taken in crafting the by-law so as to target activity which can be demonstrated to lead to these problems.

(b)Charter of Rights and Freedoms:

Any by-law, even if within the jurisdiction of City Council to enact, could also be subject to attack under the Charter of Rights and Freedoms. One could envision possible arguments with respect to the infringement of any of the following: the right to peaceful assembly, freedom of expression, equality rights and/or the right to life, liberty and security of the person. The ability of the City to defend the by-law would depend upon its ability to justify it as a "reasonable limit prescribed by law" under section 1 of the Charter. The chances of making such an argument are greatly improved if City Council chooses to restrict squeegeeing or panhandling as little as possible so as to achieve the legal objectives of the by-law. In other words, the by-law should be clearly focussed on those activities which lead to obstruction and a threat to public safety and go no further.

A by-law to prohibit panhandlers who are not obstructing the sidewalk is not likely to be defensible in the absence of proof of actual obstruction of the public. Likewise, a restriction on squeegee activity should speak to the situation where such activity "obstructs" passage on the highway. It is therefore my recommendation that Council not enact a by-law which has the effect of indiscriminately clearing the streets of persons on the basis of who they are (i.e. panhandlers or squeegee kids) as opposed to their participation in activity which it is within the jurisdiction of Council to regulate or prohibit.

(c)Division of Powers Concern:

Given that Criminal Code offences do exist for loitering, mischief or intimidation, another concern is that any by-law could be attacked as an infringement of the Federal "criminal law" power and therefore outside of the jurisdiction of the municipality, as a "creature of the province", to enact. In other words, the by-law must relate to an area of Provincial (and municipal) jurisdiction. In attempting to regulate the use of the sidewalk to ensure an unobstructed use of the sidewalk, the municipal regulation must not make a prescribed activity a municipal by-law offence when it is already a criminal offence.

Proposed By-law Provisions:

Council currently has the ability to legislate with respect to obstructions of the street and arguably, panhandling and squeegee activity, in instances where it constitutes a public nuisance. However, as previously identified in this Report, there are several significant legal grounds under which any By-law amendments regulating panhandling activities may be challenged in the Courts. The draft By-law amendments attached as Schedules "A" and "B" to this Report, which I recommend be incorporated into the various streets by-laws of the former cities, borough and Metropolitan Toronto, if Council decides to enact such by-law amendments, attempt to address the limited legislative scope that Council has been given by the Province in this area and the potential legal challenges that such By-law amendments may face.

For instance, under the public nuisance authority, a By-law provision has been incorporated to prohibit persistent and unwelcomed panhandling. Canadian case law suggests that in order for an act or omission to be upheld as a public nuisance, the obstruction or inconvenience to the public must be so widespread that the community at large should bear the onus of resolving the problem. Arguably, persistent and unwelcomed panhandling falls within this test.

Certain specific types of locations have been identified in the proposed By-law amendments, as locations where panhandling may cause a greater public nuisance and obstruction of the street and sidewalk. At this time, financial institutions, automated teller machines and Toronto Transit Commission subway stations are identified as locations where no panhandling is permitted within 10 metres of the location. Subway stations are identified in the By-law amendments due to the large numbers of people that funnel into and exit these public transit centres and the obstructions to pedestrian movement that panhandlers can cause at these locations due to the volume of pedestrian traffic.

Practical Difficulties with Enforcement:

It should first be pointed out that the number of charges laid under the Winnipeg by-law (see below) suggests that these by-laws will not, in the absence of a continuous police presence, guarantee citizens freedom from the expressed feelings of intimidation and fear for personal safety. Given the personal circumstances of many of the individuals involved in these activities, I would suggest that it is not clear that the mere existence of a by-law will have any deterrent effect unless police are on hand to issue tickets or take whatever other action may be necessary in the circumstances. Unless the police are present at the time an incident occurs, the enforcement problem would be that on arrival of the police at the scene, the person alleged to have contravened the by-law has in all likelihood left and it would be very difficult to find and identify such person at a subsequent time.

In preparing this report, I have conferred with staff of the Metropolitan Police Service, who have indicated that they currently lack the tools (e.g. a power of arrest) to enforce effectively this type of by-law. The penalty presently provided for under the Provincial Offences Act for the violation of any by-law which might be passed by Council is the imposition of a fine which is unlikely to be effective in curbing this activity since the persons convicted are panhandling as they claim not to have sufficient money to support themselves. Consequently, a fine would probably lead to further panhandling in order to pay it.

Your Committee and City Council must therefore consider whether there is any utility in passing legislation which cannot be effectively enforced against persons because they:

(a)are not required to identify themselves and may not carry identification;

(b) may not show up for Court;

(c) likely have no fixed address; and

(d) likely have no resources with which to pay fines.

I am therefore recommending that no by-law be passed at this time and that the City Solicitor and the Chief of Police report back concerning the status of any Provincial or Federal initiatives in this area.

Request for Legislative Changes:

If Council decided to make a request for additional legislation to make the enforcement of these proposed by-law amendments more effective, the provincial government could be requested to enact legislation amending the Provincial Offences Act to authorize the police to arrest persons alleged to have contravened such municipal regulation. In addition, an express statutory duty for a person to identify himself or herself to a police officer who is investigating an alleged by-law contravention would enable the police to enforce effectively a by-law regulation such as the possible by-law amendments discussed in my report. Furthermore, an express power either through an amendment to the Municipal Act or other provincial legislation to remove the equipment used during squeegee activities would enable the police to effectively deal with an alleged breach of the proposed amendment set out in Appendix "B".

It should be noted that the Province is considering apparently legislation (the Neighbourhood Protection Act) which may assist in addressing these problems. However, I have been advised by staff of the Ministry of the Solicitor-General that specific details of the proposal are not available at this time.

Vancouver and Winnipeg By-laws:

With respect to Vancouver's by-law regulating panhandling, I have been advised that no charges have yet been laid under the by-law and that it has therefore not been tested either as to the municipality's authority to enact it, or its ability to withstand a challenge under the Charter of Rights and Freedoms. Legal staff have, however, indicated that they have been advised by Police that the existence of the regulation has, in the short period since it was enacted on April 30, 1998, had some deterrent effect on panhandlers when they are advised of its existence by Police. It is not clear at this time (given that the by-law is less than two months old) whether this will remain the case.

The Vancouver regulation is patterned after an earlier by-law passed by the City of Winnipeg on January 26, 1995. This by-law is now the subject of a legal challenge brought by the Public Interest Law Centre on behalf of a number of accused individuals. The challenge was initiated on January 22, 1998 and seeks to attack the Winnipeg by-law on the following grounds:

(a)It violates the Charter of Rights and Freedoms as follows:

-denial of equality rights (s. 15(1)

-denial of right to liberty and fundamental justice (s. 7)

-denial of freedom of expression (s. 2(b))

(b)It is beyond the jurisdiction of the City to enact as there is no legislative authority under the City of Winnipeg Act to pass the by-law as framed.

(c)It is beyond the jurisdiction of the City of Winnipeg to enact as the by-law is in essence a regulation in relation to criminal law, which is an area of Federal jurisdiction.

I have been advised that, pending the hearing of the court challenge, individuals continue to be charged in Winnipeg. Some individuals have either failed to appear in court or have pled guilty to the charges. Alternatively, many have essentially admitted a violation of the by-law and joined in the constitutional challenge on the basis that if the challenge is unsuccessful, convictions will be entered. Winnipeg Legal staff estimate that approximately 50-75 people have now joined in the court challenge, which is scheduled for six weeks of hearing, commencing mid-November, 1998 and going to mid-January, 1999.

Conclusions:

Despite attaching draft By-law amendments to this Report, it is recommended that no action be taken by Council to regulate or prohibit panhandling activities until such time as there are legislative amendments that authorize Council to legislate expressly in this area and, equally importantly, provide effective means of enforcement of such legislation.

Contact Name:

Edward Earle, Legal Services

392-7226

________

SCHEDULE "A"

1.As used in this By-law, the following terms shall have the meanings indicated:

AUTOMATED TELLER MACHINE - A device linked to a financial institution's account records which is able to carry out transactions including, but not limited to, account transfers, deposits, withdrawals, balance inquiries and mortgage and loan payments.

PANHANDLE - To beg for or, without consideration, ask for money, donations, goods or other things of value whether by spoken, written or printed word or bodily gesture for one's self or for any other person.

STREET - A "highway" as defined in subsection 1(1) of the Municipal Act, including a highway that is a Metropolitan road, which is under the jurisdiction of the City of Toronto.

TRAFFIC CONTROL SIGNAL - A traffic control signal as defined under the Highway Traffic Act.

2.No person shall panhandle at any time on a street within 10 metres of:

(a)an entrance to a bank, credit union or trust company;

(b)an automated teller machine; or

(c)an entrance to a Toronto Transit Commission subway station.

3.No person shall panhandle from an occupant of a motor vehicle which is:

(a)parked;

(b)stopped at a traffic control signal; or

(c)standing temporarily for the purpose of loading or unloading.

4.No person shall panhandle so as to physically obstruct the passage of any person or motor vehicle on a street.

5.No person shall continue to panhandle at any time on a street from a person after that person has made a negative response.

________

SCHEDULE "B"

1.No person shall obstruct the passage or operation of a motor vehicle on a street by approaching an operator or other occupant of the motor vehicle for the purpose of performing or offering to perform a service, in connection with the vehicle, with the exception of emergency services requested by the operator or other occupant of the vehicle.

________

The Emergency and Protective Services Committee reports, for the information of Council, also having had before it during consideration of the foregoing matter the following:

(i)Copy of a report (July 9, 1998) from the Commissioner of Community and Neighbourhood Services being considered by the Community and Neighbourhood Services Committee on July 16, 1998, regarding diversion options for youth involved in the Squeegee Trade.

(ii)Petition (June 15, 1998) signed by seven Toronto Residents, in opposition to the enactment of by-laws to control begging; suggesting that, instead of enacting bylaws, the City provide support for adequate and appropriate places for shelter and food; and that consideration be given to providing transit passes to allow people to seek work and access medical and psychological care, if needed;

(iii)Communication (July 6, 1998) from Mr. Robert Saunderson, Chairman, Bloor-Yorkville Business Improvement Area, requesting that the Committee take urgent action to address the issue of homeless people and the issue of street people who have created a business from begging and panhandling; advising that as an initiative and to help those truly in need, his organization will undertake to meet with service agencies such as Covenant House to set up a collection system through their retail membership; and that he would be pleased to meet with the Committee to discuss initiatives that would resolve this situation;

(iv)Submission (July 3, 1998) from Mr. Sean P. Redmond and Mr. Michael Redmond, Redbros Enterprises, Burlington, advising that they have spent the last two years researching a compromise to the squeegee problem and requesting that the following proffers be given consideration as a viable solution:

(1)Licensing;

The practice of squeegeeing would fall under the complete control and responsibility of the Toronto Licensing Commission.

(2)Static Re-Usable "NO THANKS" Windshield Squeegee Sticker;

The purchase of the "NO THANKS" sticker be made by Toronto and made available to the general public; and

(v)Communication (July 13, 1998) from Ms. Carolyn Cleland, Toronto, in support of a by-law to control panhandling in the downtown and in the city in general.

(Copies of the foregoing documents were distributed with the agenda or at the meeting of the Emergency and Protective Services Committee and are on file in the Office of the City Clerk.)

________

The following persons appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

-Mr. Alan Borovoy, General Counsel, Canadian Civil Liberties Association, Toronto;

-Mr. Gaétan Heroux, Ontario Coalition Against Poverty, Toronto;

-Ms. Sydney White, Toronto, who also filed a written submission with the Committee;

-Mr. Drew Sanders, Representing Lower Income Families, Toronto;

-Mr. Sean P. Redmond and Mr. Michael Redmond, Redbros Enterprises, Burlington;

-Ms. Audrey Fernie, Toronto;

-Ms. Denise Redwood, Old Cabbagetown BIA, Toronto;

-Mr. Michael Comstock, St. Lawrence BIA, Toronto;

-Ms. Lisa McGee, Bloor Yorkville BIA, Toronto;

-Mr. John H. Feeley, Yonge-Bloor Business Association, Toronto;

-Ms. Cheryl White, Queen West Community Health Centre, Toronto;

-Pièrre on behalf of Chris, who also filed a copy of his submission with the Committee;

-Raven, who also filed a copy of her submission with the Committee;

-Ms. Tara Darlow, Inner City Youth Link, Toronto;

-Colin;

-R.J.;

-Ms. Rebecca Houston, Beat the Street, Toronto;

-Mr. John Cuthbert, Toronto; and

-Deputy Police Chief Michael Boyd.

________

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

-Councillor Chris Korwin-Kuczynski, High Park;

-Councillor Jack Layton, Don River;

-Councillor Olivia Chow, Downtown; and

-Councillor Ila Bossons, Midtown.

(City Council on July 29, 30 and 31, 1998, had before it, during consideration of the foregoing Clause, the following communication (July 17, 1998) from Councillor Jack Layton, Co-Chair, Advisory Committee on Homeless & Socially Isolated Persons:

At the July 17, 1998 meeting of the Advisory Committee for Homeless and Socially Isolated Persons, the panhandling by-law originally proposed by Councillor Ila Bossons was discussed. Although the by-law was voted down at the July 14, 1998 meeting of the Emergency and Protective Services Committee, the Advisory Committee is aware that Council will be voting on this item at its July 29, 1998 meeting. In response to several concerns raised by the membership of the Advisory Committee, it is recommended that:

(1)Council oppose any regulation of panhandling and/or squeegee activities;

(2)the Mayor reconsider the position he has taken on this issue and agree to oppose any measures which restrict the rights and freedoms of homeless and socially isolated persons in our community; and

(3)the Mayor be invited to attend a future meeting of the advisory Committee on Homeless and Socially Isolated Persons to discuss this issue further.

On behalf of the Advisory Committee, I would ask that Council consider these recommendations in their deliberations on this item.)

(City Council also had before it, during consideration of the foregoing Clause, the following report (July 23, 1998) from the City Solicitor:

Purpose:

To report as requested by the Community and Neighbourhood Services Committee directly to City Council for its meeting of July 29, 1998 on an effective legal and/or practical legal remedy to deal with those squeegee individuals who are obnoxious and making a nuisance of themselves.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendation:

It is recommended that this report be received for information.

Background:

At its meeting of July 16, 1998, the Community and Neighbourhood Services Committee, as part of its consideration of the report (July 9, 1998) from the Commissioner of Community and Neighbourhood Services, requested that I, in conjunction with the Commissioner, report directly to City Council for its meeting of July 29, 1998 on an effective legal and/or practical legal remedy to deal with those squeegee individuals who are obnoxious and making a nuisance of themselves.

Comments and/or Discussion and/or Justification:

As requested, this report has been reviewed by the Commissioner of Community and Neighbourhood Services, who supports the conclusions set out below.

As outlined in my previous report (July 13, 1998) to the Emergency and Protective Services Committee (Clause No. 1 of Report No. 8 of The Emergency and Protective Services Committee), it is my view that the present enforcement tools available to Police (i.e., the issuance of tickets) when enforcing municipal by-laws are not adequate for the purposes of dealing effectively with the squeegee problem as these persons:

(a)are not required to identify themselves and may not carry identification;

(b) may not show up for Court;

(c) likely have no fixed address; and

(d) likely have no resources with which to pay fines.

I note in this regard that the Commissioner's report considered by the Community and Neighbourhood Services Committee indicates that out of 69 squeegee persons interviewed, 38 had been charged or ticketed. Despite this, they apparently continued their squeegee activities.

Conclusions:

I have therefore recommended that no by-law be passed at this time and that the City Solicitor and the Chief of Police report back concerning the status of any Provincial or Federal initiatives in this area and a proposal for required legislative changes to enhance the municipality's enforcement powers. It would now appear that the Province is looking at recommendations to amend the Highway Traffic Act and the Provincial Offences Act to address these issues.

In response to the Committee's present concerns about obnoxious behaviour by these individuals, Police may, where the circumstances warrant it, lay charges under the Criminal Code which, of course, allows for enforcement by way of arrest. In fact, charges such as extortion, mischief and causing a disturbance have been recently laid under the Code against "squeegee kids" where it was, in the opinion of Police, appropriate to do so.

Contact Name:

Edward Earle, Legal Services, 397-4058.)

(City Council also had before it, during consideration of the foregoing Clause, a joint communication (July27, 1998) from Ms. Nancy Dube, President, and Mr. Andrew Tang, Central Region Representative, Ontario Association of Youth Employment Centres, endorsing the proposal from the Community and Neighbourhood Services Committee that would provide for funding to continue and introduce a range of programs to assist youth who are engaged in the squeegee trade to make transitions to employment.)

(City Council also had before it, during consideration of the foregoing Clause, the following communications:

(i)(July 27, 1998) from Ms. Penny Simmons, Proprietor, Penny Loafers Shoe Shine Company, submitting comments in opposition to the proposal to allocate funds towards the establishment of squeegee persons in shoe shine businesses in public areas of Toronto; and suggesting an alternative for the proposed related program funding of $500,000.00;

(ii)(July 24, 1998) from Mr. Kent Staines, The Board of Church Isabella Co-op, requesting Council to support the proposed regulation of panhandling and squeegee activity and to increase funding for programs to divert youth from this hazardous activity;

(iii)(July23, 1998) from Mr. John Clarke, Provincial Organizer, Ontario Coalition Against Poverty, requesting that City Council discuss the panhandling issue at 8:00 p.m. on Wednesday, July 29, 1998; and

(iv)(July 16, 1998) addressed to Councillor Dennis Fotinos, Davenport, from Ms. Lisa McGee, General Manager, The Bloor-Yorkville Business Improvement Area, regarding the squeegee issue and attaching a copy of her deputation to the Emergency and Protective Services Committee on the topic of panhandling.)

2

Critical Care Transport Program

(City Council on July 29, 30and 31, 1998, adopted this Clause, without amendment.)

The Emergency and Protective Services Committee recommends the adoption of the following report (June 15, 1998) from the Acting General Manager, Toronto Ambulance, subject to:

(1)Recommendation No. (3) being amended by deleting the words "cost-recovery or" and by adding at the end thereof the words "and that staff be requested to further define the elements of cost-recovery plus" so that such recommendation reads as follows:

"(3)Toronto Council authorize Toronto Ambulance to enter into CCTU cost-recovery plus contracts with various hospitals and that staff be requested to further define the elements of 'cost-recovery plus.';" and

(2)the Commissioner of Works and Emergency Services forwarding the agreements, when constructed, to City Council for approval.

The Emergency and Protective Services Committee reports, for the information of City Council, having requested the Commissioner of Works and Emergency Services to report further to the Emergency and Protective Services Committee on the additional costs related to the down time of ambulances during critical care transport.

Purpose:

To seek Toronto Council's approval to enter into contracts with various hospitals for the provision of Critical Care Transport Unit (CCTU) services. This report describes a formalized partnership between Toronto Ambulance and Sunnybrook Health Science Centre for the purposes of providing critical care transport services between hospital intensive care units and emergency departments, and major tertiary level health centres such as St. Michael's, Toronto General and Sunnybrook.

Funding Sources, Financial Implications and Impact Statement:

This program is predicated on being revenue neutral to revenue positive, with full cost recovery for all operating and overhead expenses. Fees will be paid by the participating hospitals, and not by any of the patients utilizing the service. Any revenue over expenses will be applied to enhancing the City's social safety net via public ambulance service.

Recommendations:

"It is recommended that:

(1)Toronto Council endorse Toronto Ambulance's Critical Care Transport Unit program;

(2)Toronto Council endorse Toronto Ambulance's pursuit of revenue opportunities which subsidize social safety net public ambulance service and reduce reliance on municipal taxes, in particular where such opportunities arise from provincial hospital restructuring initiatives;

(3)Toronto Council authorize Toronto Ambulance to enter into CCTU cost-recovery or cost-recovery plus contracts with various hospitals; and

(4)The appropriate City officials be authorized and directed to take the necessary action to give effect thereto."

Background:

Many hospital patients with critical injuries or illnesses require emergency ambulance transportation between their current hospital setting and a more sophisticated centre such as Toronto General Hospital, St. Michael's or Sunnybrook Health Science Centre. Due to the severity of their conditions, traditionally a physician, a nurse and sometimes a respiratory therapist have had to accompany the patient during the ambulance trip between facilities. In addition, special medical equipment such as transport ventilators, intravenous medication pumps, and special patient monitors have been needed and have had to be taken from the hospital's use into the ambulance.

Recently, staff reductions at the sending hospitals have made it increasingly impractical and extremely expensive for them to staff and equip these critical care transfers. As a result, a number of these facilities have approached Toronto Ambulance to determine if we are in a position to assume these duties on a full cost recovery basis.

Upon consideration, it has become evident that such a program would not only improve service delivery within the community, but could also be structured to be revenue neutral, if not actually generating net revenue. Toronto Ambulance has therefore established a provisional partnership with Sunnybrook Health Science Centre to plan the process of upgrading certain paramedics to the skill level required to service these emergency transports. In addition, Sunnybrook has agreed that, under the auspices of such a program, it will provide ongoing medical control, risk management and quality assurance.

Comments and/or Discussion and/or Justification:

The demand for critical care transport services does not warrant a dedicated full-time ambulance crew. Accordingly, the Departments planning provides for four City ambulances to be staffed and equipped to be capable of such work, but to operate as regular paramedic ambulances at all times other than when needed for critical care assignments. The fees recovered from the sending hospitals will cover any staff hours required by the critical care calls.

The program provides some attractive cost-free spin-off benefits since, at most times, the critical care equipped units will service regular emergency calls in the community,. For example, where patients from regular ambulance calls could benefit from any of the new skills acquired by the critical care teams (such as advanced ventilation procedures), these services will be provided to these patients at no new cost to the taxpayer.

Our partnership with Sunnybrook Health Science Centre enhances a pre-existing relationship which stretches back more than 15 years, in their capacity as Base Hospital to our paramedic programs. A close association with the critical care physicians at this university teaching hospital provides us with medical delegation (responsibility for advanced care), risk management, training programs and assistance in program marketing.

This program was developed in some part due to the urging of members of our paramedic staff. An internal training opportunity call has elicited more volunteers than the program will be able to admit, based on its receiving approval. The necessary discussions with CUPE Local 416 and Corporate Services will be undertaken to explore the most appropriate method of compensation for the hours of duty engaged in critical care transports. This compensation approach parallels successful agreements with CUPE on similar special projects.

This unique program provides the further benefit of supporting staff morale and professional pride by offering opportunities for new challenges for some of our more experienced paramedic staff.

Conclusions

The Critical Care Transport Program will provide a number of benefits to the community, to the staff of Toronto Ambulance and to the hospital services available in the city. Since the costs of the service will be fully covered by the hospitals themselves (from existing transportation budgets), the project will enhance service to the community at no cost to the municipal tax base.

With this in mind, the Department encourages Council to support these and future related initiatives.

Contact Name:

Ron Kelusky

Phone: 397-9241

Fax: 392-2115

3

Proposals for the Provision of Services Related to the Inspection

of Taxicabs, Livery Cabs including Limousines

and Driving School Vehicles

(City Council on July 29, 30 and 31, 1998, amended this Clause by adding thereto the following:

"It is further recommended that the General Manager, Toronto Licensing Commission, in consultation with the appropriate officials, be requested to investigate the possibility of adding to the inspections, at this stage, the testing of exhaust emissions using the new technologies available for such testing.")

The Emergency and Protective Services Committee recommends the adoption of the following report (June 19, 1998) from the General Manager, Toronto Licensing Commission:

Recommendation:

(1)that the City of Toronto enter into a contract with Reg Quinn Ltd. until the end of December 1998 for the mechanical inspection of taxicabs, livery vehicles and driving school vehicles;

(2)that appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Purpose:

To extend the contract for the provision of mechanical inspections of taxicabs, livery vehicles and driving school vehicles

Source of funding:

License fees and additional inspection fees. The cost of scheduled inspections are included in the annual license fee. Additional inspections are a separate charge.

Background:

At its meeting of April 16, 1998 City Council approved the attached report including the recommendations that:

(1)the City of Toronto enter into a contract with Reg Quinn Ltd. until the end of August 1998 for the mechanical inspection of taxicabs, livery vehicles and driving school vehicles;

(2)the General Manager of the Toronto Licensing Commission be requested to submit a report to the Emergency and Protective Services Committee for its meeting to be held in July 1998; and

(3)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

The third inspection period for various licensed vehicles commences September 1, 1998. Notices of the time and date for these inspections should be in the mail by late July.

Conclusion:

That the contract with Reg Quinn Ltd. be extended for an additional four months to cover the mechanical inspection of vehicles requiring inspection as provided for in the Licensing By-law. When the Task Force to Review the Taxi Industry reports out, the General Manager will advise Committee of the impact if any, on the vehicle inspection process.

Contact Name and Telephone Number:

Carol Ruddell-Foster, General Manager

Toronto Licensing Commission

416-392-3070

(Report dated January 29, 1998, addressed to the

Emergency and Protective Services Committee

from the General Manager, Toronto Licensing Commission)

Purpose:

This report recommends the service provider for the mechanical inspection of taxicabs, livery vehicles (limousines) and driving school vehicles.

Source of funding:

(1)Licence fees; and

(2)Inspection fees.

Recommendations:

It is recommended that:

(1)the tender for the mechanical inspection of taxicabs, livery vehicles and driving school vehicles be awarded to Reg Quinn Ltd.; and

(2)the appropriate City of Toronto officials be authorized and directed to take the necessary action to give effect thereto.

Background:

By-law No. 20-85 requires that taxicabs, livery vehicles and driving school vehicles undergo periodic mechanical inspections by a mechanic designated by the Commission. Taxicabs are mandated (by the By-law) to be inspected tri-annually while driving schools and livery vehicles (limousines) are mandated (by the By-law) to be inspected annually.

The standards applied in inspecting licensed vehicles are the standards set out in the Highway Traffic Act, the manufacturers' replacement specifications (for mechanical parts/systems not covered in the Act) and the legislation regulating fuel systems using alternate fuels. The inspection of licensed vehicles by these standards have been contracted out since October, 1989.

The Toronto Licensing Commission operates on a cost recovery basis, therefore the cost of mandatory inspections have been included in licence fees for 1998. The cost of re-inspection, missed inspections and the inspection of new cars are cost recovered on a pay-for-use basis.

Comments/Justification:

Three quotes were received for the provision of services (Appendix 1) the lowest of the three meets all the required specifications.

Conclusions:

Based on the foregoing, The Toronto Licensing Commission at its business meeting held January 29, 1998 approved the tender from Reg Quinn Ltd. and directed that the report be sent to Council for approval and implementation.

Contact Name:

Roy Van Veen, Director Administration, 392- 3067

E-mail roy_van_veen@metrodesk.metrotor.on.ca

Appendix 1

Summary Of Prices

102-97-00429

January 06, 1998

For the provision of services related to the mechanical inspection of taxicabs, livery cabs including stretch limousines and driving school vehicles as required in By-law No. 20-85 of the Metro Licensing Commission for the period May 1, 1998 to April 30, 2000 (with the option to extend for an additional one or two year period if all terms and conditions are agreeable to both parties).

Prices to include all charges but exclude all taxes.

(A copy of the Quotation submitted by Reg Quinn Ltd. was circulated to Members of Council with the agenda for the Emergency and Protective Services Committee meeting of March 24 and 25, 1998, and a copy thereof is on file in the Office of the City Clerk.)

4

Amendments to By-law No. 133-1998 - Fees and Charges

for Services Provided by Toronto Fire Services

(City Council on July 29, 30and 31, 1998, adopted this Clause, without amendment.)

The Emergency and Protective Services Committee recommends the adoption of the following report (July 13, 1998) from the Fire Chief; and that the necessary Bill be introduced in Council to give effect thereto:

Purpose:

To improve management and administration of the fees for service programs.

Recommendations:

We recommend that:

(1)Section 7, which relates to interest charges on outstanding balance, be deleted and clause1(b), which defines "charges", be amended by deleting "any interest payable pursuant to section 7 and section 11, which relates to the addition of unpaid fees to the tax roll, be amended by adding the following new subsection: ' The Chief Financial Officer and Treasurer of the City shall add to the fee due and unpaid and referred to in subsection 11 (1) interest at the rate of fifteen per cent (15%) per year in a like manner as provided for municipal taxes';

(2)Section 13(3), which relates to reimbursement, be amended to include the following at the end of the sub-section "within the previous 12 month period"; and

(3)These amendments be retroactive to April 16^th, 1998, the date By-law No. 133-1998 was adopted by Council.

Justification:

We consider Section 7, is not required as interest will be added to outstanding balances by the Property Tax section of the Finance Department. The Toronto Fire Services will administer the fees collection for a total of 90 days before the outstanding balance is added to the tax bill. We do not consider that administration of a floating interest rate charge, for what would be less than two months, would be cost effective for an operational Department.

At this time, the Municipal Act allows for 1.25% interest per month (15% per year) for outstanding balances on tax accounts.

The addition of a (12) twelve month limitation on reimbursement of false alarm fees will allow for more accurate estimates of revenue from this program. The goal of the program is to reduce false alarms and we will encourage all building owners to take advantage of reimbursement to assist in attaining this goal. However, we do not consider this should be totally open ended. The twelve (12) month limitation will encourage building owners to act in a timely manner to correct their false alarm problem. With an open time period, the City should hold all funds realized from false alarm fees for the possibility that reimbursement could be requested several years after the problem occurred.

Conclusion:

We consider the amendments to By-law No. 133-1998 will allow proper administration of the program and result in better service to the community. The goal of the program, to reduce false alarms, will be realized in a shorter period allowing staff to dedicate more time to other fire safety issues.

Contact Name:

Alan F. Speed, Fire Chief

397-4300

5

Fire Services Shoulder Flash

(City Council on July 29, 30and 31, 1998, amended this Clause by adding thereto the following:

"It is further recommended that the Fire Chief be advised that City Council supports the use of shoulder flash for use on staff uniforms only; and that the design not be used on service vehicles or any other signage.")

The Emergency and Protective Services Committee recommends the adoption of the following report (July 12, 1998) from the Fire Chief:

The Emergency and Protective Services Committee reports, for the information of Council, having requested the Fire Chief to provide copies of the other designs to Council when it considers this matter on July 29, 1998.

The Emergency and Protective Services Committee submits the following report (July 12, 1998) from the Fire Chief:

Purpose:

The purpose of this report is to request the endorsement and approval of Council for a re-designed shoulder flash to be use on the uniforms of all staff members.

Funding Sources, Financial Implications:

Funding for a supply of shoulder flashes to meet the needs for uniforms to be issued in 1998 and 1999 is contained in the 1998 operating budget of the Fire Services as approved.

Recommendations:

It is recommended that:

Council endorse and approve the use of the attached shoulder flash for use by all uniformed staff of the Toronto Fire Services.

Background and discussion:

This revised shoulder flash was developed through consultation with City Hall staff, in particular Lorraine Wright of the Information and Communications Services section who recommended various modifications to the earlier version. These recommendations have been incorporated into the new design which also now includes the Toronto logo and word mark.

This shoulder flash is intended for use by all uniformed staff. We consider the incorporation of the new Toronto logo highlighted on a black background to be an excellent addition to a distinctive design.

Conclusions:

The new shoulder flash has been designed in consultation with others. Its use is urgently needed as we cannot proceed with the 1998 uniform orders until we receive Council approval of the new shoulder flash.

Contact Name:

Alan F. Speed

397-4300

6

Final Report of the Task Force to Review the Taxi Industry

(City Council on July 29, 30and 31, 1998, adopted this Clause, without amendment.)

The Emergency and Protective Services Committee recommends the approval of the following request:

Councillor Denzil Minnan-Wong, Chair, Task Force to Review the Taxi Industry, verbally reported that the Task Force is having difficulty complying with the 90-day deadline approved by the Emergency and Protective Services Committee and Council in April 1998 for the submission of its recommendations on the taxi industry as the necessary meetings cannot be convened until late August; and requesting that the Task Force be given an extension of time to allow it to submit its final report to the Emergency and Protective Services Committee in September 1998.

7

Other Items Considered by the Committee

(City Council on July 29, 30 and 31, 1998, received this Clause, for information.)

(a)Holistic Practitioner Licensing Category.

The Emergency and Protective Services Committee reports having referred the following reports and communication, together with the following motions, to the General Manager, Toronto Licensing Commission, in consultation with the City Solicitor, for a joint report thereon to the Committee in October 1998:

Moved by Councillor Moscoe:

"(1)that a fee be established for holistic therapy centres that reflects the licence fee for massagists and massage parlours, i.e. $135;

(2)that the General Manager, Toronto Licensing Commission, be requested to:

(a)review the licence fee after it has been in effect for a period of time so that the adjustments that may be necessary can be made and submit a report thereon to the Emergency and Protective Services Committee after six months;

(b)examine the feasibility of eliminating the word 'new' from the proposed regulation requiring that owners 'close centres to all new clients between 10:00 p.m. and 7:00 a.m.'; and

(3)that the Commissioner of Urban Planning and Development Services be requested to provide clarification as to zoning."

Moved by Councillor Nunziata:

"That after zoning approval is given by the City, there also be a process of public meetings and public consultation for the issuance of such licences."

Moved by Councillor Ashton:

"(1)That the General Manager, Toronto Licensing Commission, be request to report further on including those holistic practices where touching is incidental; and

(2)That Councillor Nunziata's motion be referred to the City Solicitor for report."

Moved by Councillor Duguid:

"That the practitioner's licence clearly state that they can only practice in a place of business licensed for that particular purpose."

(i)Report (June 22, 1998) from the General Manager, Toronto Licensing Commission, recommending that:

(1)A category be created for "holistic services" that includes modalities used for therapeutic and wellness purposes that involve touching or massaging, but does not include therapies where touching is incidental;

(2)Subject to legal opinion, By-law 20-85 be amended to establish new licensing categories for "holistic centre" owners, and individuals administering therapy referred to as "holistic practitioners" as follows:

(a)Grant licences to currently active holistic practitioners during a sixty (60) day grandparenting period. Applicants will have sixty (60) days from the date of the passing of the By-law amendments to submit reasonable proof of business activity;

(b)Require that any practitioners wishing to obtain a municipal licence after the end of the sixty-day period, show proof of training in one or more modality;

(c)Establish regulations requiring that licensees:

(i)file proof of training;

(ii)be 18 years or older;

(iii)remain fully clothed;

(iv)provide services only to clients who are clothed or appropriately draped;

(v)not be under the influence of drugs or alcohol; and,

(vi)display a licence (with photo identification) while providing service.

(d)Establish regulations requiring that owners:

(i)carry insurance;

(ii)file corporate documents;

(iii)record business and client transactions;

(iv)meet standards for health and sanitation;

(v)post the licence at work locations;

(vi)cite a licence number on all advertising;

(vii)close centres to all new clients between 10:00 p.m. and 7:00a.m.;

(viii)hire only licensed practitioners; and,

(ix)keep a record of employees;

(3)The licence fee and expiry date as set out in this report be approved;

(4) A permanent advisory committee be established and that reporting relationships, representation and the role of the committee be referred to staff and the advisory committee for further development; and

(5)The appropriate City Officials be authorized and directed to take the necessary action to give effect thereto;

(ii)Communication (June 29, 1998) Mr. Mario Paliska, Ontario Alliance of Concerned Traditional Citizens, commenting on the various organizations involved in this industry, together with copies of submissions made to the Metro Licensing Commission in 1997 by Mr. Paliska; and

(iii)Report (June 30, 1998) from the City Solicitor recommending that:

(1)the definitions of "holistic practices", "holistic services", "holistic centres" and "holistic practitioner" be further particularized;

(2)the Commissioner of Urban Planning and Development Services be requested to report to the Emergency and Protective Services Committee on the type and amount of the business insurance to be provided by owners of holistic centres and practitioners of holistic services and on the standards of health and sanitation to be met by these businesses;

(3)the Commissioner of Urban Planning and Development Services be requested to review the issue of the training certificates to be provided by persons seeking licences as practitioners of holistic services, and to report to the Emergency and Protective Services Committee accordingly; and

(4)the recommendations of the Advisory Committee with respect to the adoption by City Council of a policy for sanctions for infractions of the proposed regulations not be adopted.

________

The following persons appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

-Mr. Mario Paliska, Ontario Alliance of Concerned Traditional Citizens, Toronto;

-Ms. Maggie Mann, Member, Advisory Committee on Complementary Therapies, Toronto; and

-Ms. Diane May, Member, Advisory Committee on Complementary Therapies, Mississauga.

(b)New Toronto Police Service Crest.

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

(June 10, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, advising that the Toronto Police Services Board on May 21, 1998:

(1)received the following recommendations contained in a report (May 8, 1998) from Councillor Norman Gardner, Chairman:

(a)the Board inform City Council of its decision on February 26, 1998 that the Board approved a new crest subject to any changes that may be incorporated once the new crest for the City of Toronto has been approved; and

(b)the Chief of Police provide a report to the Board that identifies how the new City of Toronto logo can be incorporated onto police equipment, letterhead etc.; and

(2)directed that the foregoing report be forwarded to City Council for information.

(c)Gun-Related Crime in the City of Toronto.

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

(June 10, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, forwarding a copy of a report (April 2, 1998) from the Chief of Police received by the Toronto Police Services Board on May 21, 1998 in response to a request from the Emergency and Protective Services Committee on February 10, 1998 for information on gun related crimes and strategies employed by the Toronto Police Service and other agencies in regard thereto.

(d)Visitor Parking on Residential Permit Parking Streets.

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

(June 26, 1998) from the Commissioner of Works and Emergency Services, advising of the various options for temporary visitor parking on residential streets which have permit parking regulations in effect in the new City of Toronto; that visitor parking permits are currently available in the communities of Toronto, York and Etobicoke, under the policies and regulations approved by the former respective City Councils; and that staff are currently working on a report to be submitted to the Urban Environment and Development Committee on issues related to a uniform permit parking by-law.

(e)Fire and Ambulance Facilities Study - Selection of Consultant.

The Emergency and Protective Services Committee reports having received the following report for information and having requested the Commissioner of Works and Emergency Services and the Fire Chief to submit a further report to the Committee explaining why this contract was awarded to KPMG and how the points were determined:

(July 10, 1998) from the Commissioner of Works and Emergency Services and Fire Chief, recommending that:

(1)this report addressing the selection of KPMG Canada as the consultant for the Fire and Ambulance Facilities Study, be received for information; and

(2)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Respectfully submitted,

DENNIS FOTINOS,

Chair

Toronto, July 14, 1998

(Report No. 8 of The Emergency and Protective Services Committee, including additions thereto, was adopted, as amended, by City Council on July 29, 30 and 31, 1998.)