Guidelines Relating to Publication of Names

of Companies Convicted of Contravening the

City's Sewer Use By-law

The Works Committee recommends the adoption of the following report (September 13, 1999) from the Commissioner of Works and Emergency Services:

Purpose:

To set guidelines that relate to the publication of names of companies convicted of contravening the City's Sewer Use By-law.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that the following set of guidelines be adopted in dealing with requests from the public for information on names of companies who have been convicted of contravening the City's Sewer Use By-law.

Council Reference/Background/History:

City Council, at its meeting held on July 6, 7 and 8, 1999, had before it Clause No. 2 contained in Report No. 1 of The Works Committee, headed "List of Companies Convicted of Contravening the City Sewer Use By-law".

Council directed that the aforementioned Clause be struck out and referred back to the Works Committee for the development of guidelines relating to the publication of names of companies convicted of contravening the City's Sewer Use By-law.

Council also adopted the following:

"It is recommended that, in the interim, Council adopt, in principle, the concept of publishing the names of companies convicted of contravening the City Sewer Use By-law."

Comments and/or Discussion and/or Justification:

We have consulted with the Corporate Access and Privacy Office and Legal Services in developing the following guidelines for publishing the names of those companies convicted of contravening the City's Sewer Use By-law in order to minimize the potential for liability:

(1)the names of individuals who have been charged and convicted of Sewer Use By-law infractions should not be disclosed, as this information would constitute their personal information and the disclosure would be an infringement of their privacy;

(2)the names of companies who have been charged and convicted can be released, but not the names of companies whose cases are still pending before the court;

(3)the list should consist of only the name of the company convicted, the date of the conviction, the charge of which they were convicted, and the penalty imposed; and

(4)no further details of the evidence or the defence(s) raised by the companies should be released.

In dealing with repeat offenders, our Legal Services has a policy of seeking an Order of Prohibition against a company after three convictions if a company does not demonstrate their willingness to take corrective action to prevent further violations.

Conclusions:

The above set of guidelines should be adopted in dealing with requests for information on the names of companies convicted of contravening the City's Sewer Use By-law.

Contact Name:

Vic Lim, P. Eng.

Manager, Industrial Waste and Storm Water Quality

Telephone: 392-2966; Fax: 397-0908

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The Works Committee reports, for the information of Council, having also had before it during consideration of the foregoing matter a briefing note (October 5, 1999) submitted by the Toronto Environmental Alliance with respect to the guidelines in the aforementioned report.