Amendments to Toronto Licensing By-law No. 127 -

Driving School Prohibited Area

The Emergency and Protective Services Committee recommends the adoption of the recommendation of the Commissioner of Urban Planning and Development Services, contained in her report dated January 22, 1999, subject to deleting the words "Warden Avenue and the Ashtonbee CPR spur line" and substituting therefor the words "Kennedy Road", so that such recommendation reads as follows:

"In order to accommodate the extended test routes, which go beyond the Don Valley Parkway, on the west boundary, the prohibited area for North York/Scarborough, presently incorporated into the Toronto Licensing By-law No. 127, be amended to:

(1)(ii)North York/Scarborough:

(a)The area bounded on the north by Highway 401, on the west by Leslie Street, on the east by Kennedy Road, and on the south by Eglinton Avenue East.";

and further that foregoing amendment and the provisions of Toronto Licensing By-law No.127 be incorporated into Licensing By-law No. 20-85 of the former Municipality of Metropolitan Toronto.

The Emergency and Protective Services Committee reports, for the information of Council, having referred to the Commissioner of Urban Planning and Development Services the communications and brief submitted by the Independent Driver Educators Association (IDEA) with a request that discussions be held with representatives of IDEA and the local Councillors in an attempt to resolve the outstanding issues raised in the deputations; and that a report thereon be submitted to the Emergency and Protective Services Committee.

The Emergency and Protective Services Committee submits the following Clause attached to the communication dated March 9, 1999, from the City Clerk:

(Clause No. 5 of Report No. 2 of The Emergency and

Protective Services Committee "Amendments to

Toronto Licensing By-law No. 127 - Driving School

Prohibited Area", attached to the

communication (March 9, 1999) from the City Clerk.)

(City Council on March 2, 3 and 4, 1999, struck out and referred this Clause back to the Emergency and Protective Services Committee for further consideration.)

The Emergency and Protective Services Committee recommends that the provisions of Toronto Licensing By-law No. 127 be incorporated into Licensing By-law No. 20-85 of the former Municipality of Metropolitan Toronto, together with the proposed amendments regarding driving school prohibited areas contained in the following report (January 22, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

The purpose of this report is to outline changes respecting the Ministry of Transportation Driver Examination Test Routes affecting the Toronto Licensing By-law No. 127.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications with this report.

Recommendation:

In order to accommodate the extended test routes, which go beyond the Don Valley Parkway, on the west boundary, it is recommended that the prohibited area for North York/Scarborough, presently incorporated into the Toronto Licensing By-law No. 127, be amended to:

(1)(ii)North York/Scarborough:

(a)The area bounded on the north by Highway 401, on the west by Leslie Street, on the east by Warden Avenue and the Ashtonbee CPR spur line and on the south by Eglinton Avenue East.

Authority:

Subsection 4 of Section 6 of Schedule 12 to By-law No. 20-85 gives authority to the Commission to designate by by-law any streets or areas in the Toronto area as the Commission may wish to prohibit or restrict driving instructors from giving instructions upon such streets or areas.

Background:

After almost 20 years at the 773 Warden Avenue location, the Ministry of Transportation's Metro East Examination Centre relocated on August 2, 1991, to 1448 Lawrence Avenue East. This current location is in a commercial plaza located at the north-west corner of Victoria Park Avenue and Lawrence Avenue East.

The Commission enacted and passed By-law No. 114 on July 11, 1991, to accommodate the 1991 relocation. By-law No. 114, being a by-law respecting the prohibition of driving instruction on certain streets and in current areas in The Municipality of Metropolitan Toronto, was subsequently repealed and the Commission enacted and passed the current By-law No. 127 on February 20, 1997, which added a prohibited area in the north-west area of Toronto, referred to as the "North York" area.

Ministry staff have always expressed a strong need to maintain a prohibited area surrounding any test facility. The existence of a Prohibited Area allows Ministry staff to maintain the sensitive balance between the host neighbourhood and the need to road-test license applicants prior to the issuance of a driver's licence. A prohibited area benefits the residents by precluding the normal influx of driving school vehicles, yet serves the needs of the Ministry, respecting its need to road-test students in an area unfamiliar to them.

Existing North York/Scarborough Prohibited Area:

-on the south by Eglinton Avenue East;

-on the east by Warden Avenue and the Ashtonbee CPR Spur line;

-on the north by Highway 401; and

-on the west by Don Valley Parkway.

New Developments\Extended Test Routes:

Ministry of Transportation staff have advised that they are now using the following streets west of the Don Valley Parkway as part of their Driver Examination Test Routes:

Overton Crescent, Belton Road, Duncairn Road, Langbourne Place, Jocelyn Crescent, The Donway West, The Donway East, Broadleaf Road, Larkspar Lane and Briarfield Drive.

Conclusion:

In order to accommodate the changes to the Ministry's test routes, it is therefore recommended that the amendment to change the west boundary, from the Don Valley Parkway to Leslie Street, be adopted.

Contact Name and Telephone Number:

Carol Ruddell-Foster,

General Manager, Toronto Licensing

Tel: 392-3070

(A copy of each of the Metropolitan Licensing Commission By-law No. 127 and communication (October 30, 1998) from the Ministry of Transportation attaching a map highlighting the streets to be added to its current boundaries was forwarded to all Members of Council with the agenda of the Emergency and Protective Services Committee for its meeting on February 9, 1999, and a copy thereof is on file in the office of the City Clerk.)

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

-(February 5, 1999) from Mr. Joey L.P. Singh in opposition to the amendment, and requesting a deferral in order to allow time to prepare a proper deputation;

-(February 5, 1999) from Mr. Amir Kanji requesting that consideration of the proposed amendment to the By-law be deferred to allow time to research the implications;

-(February 6, 1999) from Mr. Hugh Peart, President, Independent Driver Educators Association, advising that the Association on February 6, 1999, held a special meeting to discuss the proposed amendments to By-law No. 127; and requesting that the Committee defer consideration of the proposed amendments to provide the respondent with reasonable time to prepare its deputation on behalf of members of the Association; and

-(February 9, 1999) from Councillor Gordon Chong, Don Parkway, requesting that the spelling of a number of the streets listed under "New Development/Extended Test Routes" be corrected.

(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, a communication (February 20, 1999) from Mr. Hugh Peart, President, Independent Driver Educators Association (I.D.E.A.), requesting that disclosures with respect to the proposed amendments to Toronto Licensing By-law No. 127 - Driving School Prohibited Area be forwarded to I.D.E.A.)

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The Emergency and Protective Services Committee reports, for the information of Council, also having had before it on March 23, 1999, the following communications:

-(March 1, 1999) from the Independent Driver Educators Association respecting By-law No.127 - Amendment to Driving School Restricted Area;

-(March 18, 1999) from Mr. Hugh Peart, President, Independent Driver Educators Association, requesting the opportunity to appear before the Emergency and Protective Services Committee; and attaching the I.D.E.A. Specification, Terms and Conditions for Approval of Driver Education Course and Facilities; and

-(March 22, 1999) from Mr. Joey L.P. Singh in opposition to By-law No. 127 and any further amendments for reasons outlined in his communication.

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

-Mr. Hugh Peart, President, Mr. Sohanlall Racktoo, Chairman of the Specification, Terms and Conditions Committee, and Mr. Amir Kanji, Independent Driver Educators Association; and submitted a brief in regard thereto; and

-Councillor Mike Tzekas, Scarborough-Wexford.