Towing of Unplated Vehicles

by Parking Enforcement Officers

The Works Committee recommends the adoption of the following confidential report (August 27, 1999) from the City Solicitor; and reports having directed that such report be made public:

Purpose:

The purpose of this report is to provide an overview of the City's powers to tow unplated vehicles parked on City streets.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendation:

It is recommended that a request be made to the Toronto Police Services Board to appoint City of Toronto parking enforcement officers as special constables for the purpose of towing unplated vehicles parked on City streets.

Council Reference/Background/History:

Councillor Betty Disero has requested the City Solicitor to prepare a report to this Committee respecting the authority of parking enforcement officers to tow unplated vehicles from City streets.

   Comments and/or Discussion and/or Justification:

Subsection 221(1) of the Highway Traffic Act provides that police officers or officers appointed from the staff of the Government of Ontario may take abandoned or unplated vehicles into custody of the law and may cause them to be taken to and stored in a suitable place. Although the City has parking enforcement officers in place, the authority to tow unplated vehicles set out in subsection 221(1) of the Highway Traffic Act does not extend to parking enforcement officers. However, pursuant to section 53 of the Police Services Act, special constables may be appointed by a police services board. The effect of this appointment is to confer on special constables the powers of a police officer for the purpose specified in the appointment. This appointment is subject to the approval of the Solicitor General.

Therefore, City Council could request the Toronto Police Services Board to appoint City parking enforcement officers for the purpose of towing unplated vehicles from City streets.

In the alternative, City Council could request the Province to amend the Highway Traffic Act to permit parking enforcement officers to tow unplated vehicles from City streets. However, it may be more feasible to avoid a legislative amendment and to address the issue locally by making a request to the Toronto Police Services Board to appoint special constables.

Conclusion:

It is preferable to request that the Toronto Police Services Board appoint special constables rather than requesting the Province to amend the Highway Traffic Act.

Contact Name:

Amanda Ross

(416) 392-3108